Title 12. Building and Material Codes; Other Safety Provisions — Subtitle 8. Elevator Safety

on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and

that does not affect the elevator’s moving operation.

on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and

that does not affect the elevator’s moving operation.

an accessibility lift mechanic license;

an elevator contractor license;

an elevator mechanic license;

an elevator renovator contractor license; and

an elevator renovator mechanic license.

meets the qualifications, insurance requirements, and procedures established by the Commissioner; and

is certified by a nationally recognized safety organization accredited by the National Commission for Certifying Agencies or the American National Standards Institute that ensures that:

Part II of this subtitle does not apply to an elevator unit that is:

Part II of this subtitle applies to a cliffside elevator located on the property of a privately owned single–family residential dwelling.

Sections 12–808 and 12–810 of this subtitle apply to an elevator unit installed on or after October 1, 2023, in a privately owned single–family residential dwelling.

Except as provided in paragraph (2) of this subsection, §§ 5–205(j), 5–207, 5–214, 5–215, and 5–216 and Title 5, Subtitle 8 of the Labor and Employment Article apply to Part II of this subtitle.

The penalties established under this subtitle and Title 5, Subtitle 8 of the Labor and Employment Article do not apply with respect to an elevator unit owned by a public body, as defined in § 5–101 of the Labor and Employment Article.

The Commissioner shall adopt regulations that conform generally to the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI Code A17.1–1971, and all subsequent amendments and revisions to it.

If necessary to fulfill the Commissioner’s responsibilities under Part II of this subtitle, the Commissioner shall:

The Commissioner may adopt regulations to authorize and regulate the installation and inspection of noncommercial elevator units in assisted living programs with five or fewer beds that are licensed by the Maryland Department of Health under § 19–1804.1 of the Health – General Article.

The regulations shall be consistent with the requirements of § 12–1006 of this title.

the Safety Code; and

any other regulations adopted by the Commissioner.

Notwithstanding any other provision of this subsection, each elevator unit installed before July 1, 1955:

For purposes of this subsection, an alteration of an existing elevator unit is any change made to it other than the repair or replacement of damaged, worn, or broken parts necessary for normal operation.

Each alteration or relocation of an elevator unit installed after January 1, 1975, shall meet the requirements of the Safety Code.

A test on an elevator unit performed in connection with an inspection required by this subtitle, the Safety Code, or a regulation adopted by the Commissioner shall be performed by a licensed elevator mechanic.

A third–party qualified elevator inspector required to witness a test performed on an elevator unit in accordance with this subtitle, the Safety Code, or a regulation adopted by the Commissioner shall be physically present during the entire test to witness that the test was performed correctly and to verify the proper recording of the test result.

A State inspector shall oversee all third–party qualified elevator inspectors and retains authority over final acceptance of new construction, modernization, and service upgrade turnovers of elevators.

Subject to subsection (g) of this section, a test requiring the presence of a third–party qualified elevator inspector shall be conducted in accordance with the following:

A third–party qualified elevator inspector or the owner or agent of the owner of the elevator shall schedule a test in accordance with subsection (d) of this section.

In the event of an unforeseen circumstance or undue hardship, any party involved in scheduling the test may reschedule the test.

The third–party qualified elevator inspector shall notify the Commissioner of the time, date, and location of each test.

it is evident that the exception is necessary to prevent undue hardship; or

existing conditions prevent practical compliance and in the opinion of the Commissioner reasonable safety can be secured.

If the Commissioner determines that the number of third–party qualified elevator inspectors is insufficient to meet the requirements of subsection (d)(4)(ii) of this section, a licensed elevator mechanic may perform a test in the physical presence of an available third–party qualified elevator inspector, or a State inspector to make up for the deficient number of third–party qualified elevator inspectors.

If the Commissioner subsequently determines that the number of third–party qualified elevator inspectors is sufficient to meet the requirements of subsection (d)(4)(ii) of this section, a licensed elevator mechanic shall perform a test in the physical presence of a third–party qualified elevator inspector.

The Commissioner shall adopt regulations to implement this subsection.

The owner or lessee of each elevator unit shall register it on the form provided by the Commissioner.

For each elevator unit registered, the owner or lessee shall provide:

The Commissioner:

This subsection does not apply to an elevator unit that is installed in a privately owned single–family residential dwelling.

After an elevator unit is placed in service and a certificate issued pursuant to § 12–811(a) of this subtitle, the owner or lessee shall reregister the elevator unit with the Commissioner 30 days prior to the expiration of the certificate.

final acceptance inspection of all new elevator units prior to issuance of first certificate;

investigation of accidents and complaints;

follow–up inspections to confirm corrective action;

final acceptance inspection of the modernization or alteration of an elevator unit;

for privately owned buildings and until October 1, 2019, for publicly owned buildings, when the inspection shall be performed by a third–party qualified elevator inspector, a comprehensive 5–year inspection as defined by regulation;

except as provided by § 12–807(b) of this subtitle, inspections of elevator units owned by the State or a political subdivision; and

quality control monitoring of inspections conducted by third–party qualified elevator inspectors.

A contractor, owner, or lessee shall provide the Commissioner with at least 60 days’ notice of a requested inspection.

If a contractor, owner, or lessee provides the Commissioner with less than 60 days’ notice of a requested inspection that will be conducted by a State inspector, the Commissioner shall schedule the inspection at the convenience of the State subject to the availability of State resources.

For all inspections conducted by a State inspector, the contractor, owner, or lessee of an elevator unit shall pay a fee for an inspection under § 12–810 of this subtitle at the following rate:

Each fee collected under this subsection shall be paid into the Elevator Safety Review Board Fund established under this subtitle.

A contractor, owner, or lessee who notifies the Commissioner at least 24 hours in advance of a scheduled inspection that the elevator unit does not comply with the requirements of Part II of this subtitle may not be charged a fee under paragraph (1) of this subsection.

An owner shall hire a third–party qualified elevator inspector to conduct all periodic inspections that are required by the Safety Code.

An inspection by a third–party qualified elevator inspector shall ensure that the elevator unit complies with the Safety Code and other regulations adopted by the Commissioner under Part II of this subtitle.

The Commissioner shall establish qualifications, insurance requirements, and procedures based on nationally accepted standards that the Commissioner considers necessary to register third–party qualified elevator inspectors under Part II of this subtitle.

Any fees collected by the Commissioner to register third–party qualified elevator inspectors shall be paid into the Elevator Safety Review Board Fund established under this subtitle.

The Commissioner shall post on the Maryland Department of Labor’s website a user–friendly, searchable database of active certificates issued under subsection (a) of this section.

The database described in paragraph (1) of this subsection shall allow a user to search active certificates by:

Except as provided in paragraph (2) of this subsection, each elevator unit in the State shall have a periodic annual inspection by a State inspector as provided for in § 12–809(a)(6) of this subtitle or by a third–party qualified elevator inspector as provided for in § 12–809(d) of this subtitle.

Each cliffside elevator on the property of a privately owned single–family residential dwelling shall have a periodic inspection once every 2 years by a third–party qualified elevator inspector as provided for in § 12–809(d) of this subtitle.

ensure that the elevator unit is operated, inspected, and repaired in accordance with Part II of this subtitle and the regulations adopted under Part II of this subtitle; and

make inspection, maintenance, and repair records available to the inspector charged with inspecting the elevator unit.

When an inspector conducts an inspection and the elevator unit fails the inspection, the inspector shall issue an inspection checklist that specifies the corrections required.

The inspection checklist shall be on a form provided by the Commissioner and shall specify the requirements for compliance with the Safety Code and other regulations adopted by the Commissioner.

If a State inspector conducts a follow–up inspection to ensure compliance with the corrections specified on the inspection checklist, the contractor, owner, or lessee shall pay a fee in accordance with § 12–809 of this subtitle.

reschedule the inspection with the State inspector; and

ensure that the elevator unit complies with the requirements of Part II of this subtitle, including correcting as necessary any safety hazards or violations of the Safety Code, on the designated date.

records of all test reports and inspection reports as defined by regulation; and

records of all incidents or serious injuries as defined by regulation.

When an inspection by a third–party qualified elevator inspector discloses that an elevator unit is in unsafe condition so that its continued operation will violate the Safety Code, or any other regulation adopted by the Commissioner under Part II of this subtitle, the third–party qualified elevator inspector shall notify the Commissioner immediately.

On notification, the Commissioner shall conduct an inspection of the unsafe condition to determine whether to issue a citation and assess penalties in accordance with §§ 12–814.2 and 12–814.3 of this subtitle.

the elevator unit violates § 12-806 of this subtitle; or

there is a substantial probability that death or serious physical harm could result from continued use of the elevator unit.

shall be attached to the elevator unit; and

may not be removed until a State inspector determines that the elevator unit complies with this subtitle.

the court gives the Commissioner notice and an opportunity for a hearing; and

the aggrieved person posts security or meets any other condition that the court considers proper.

be in writing;

describe, with particularity, the nature of the alleged violation;

reference the provision of the Safety Code or regulation that is alleged to be in violation; and

set a reasonable period of time for abatement and correction of the alleged violation.

notice of the violation with a copy of the citation and proposed penalty; and

notice of the opportunity to request a hearing.

the Commissioner orders a review of the proposed decision; or

an owner submits to the Commissioner a written request for a review of the proposed decision.

the gravity of the violation;

the owner’s good faith; and

the owner’s history of violations under this subtitle.

at the entrance to the elevator shaft on each floor; and

directly above the call button.

The top of each sign may not be more than 6 feet above the floor.

The lettering in the word “warning” shall be at least three-eighths inch high and the rest of the lettering shall be at least one-fourth inch high.

one or two family dwellings; or

buildings under three stories.

In this section, “repair” has the meaning stated in the Safety Code.

For purposes of this section, repair, renovation, modification, reconstruction, change of occupancy, or addition to an existing building as defined in Subtitle 10 of this title does not constitute a new building.

The Board consists of the following ten members:

Of the nine appointed members of the Board:

The term of an appointed member is 3 years.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

The Board shall meet at least once each calendar quarter, at the times and places that it determines.

The Board may hold special meetings as provided in its regulations.

may not receive compensation as a member of the Board; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

shall include a statement of the licensing status of the person who is the subject of the request; and

may include:

regulations governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of elevator units; and

qualifications that are adequate, reasonable, and necessary for elevator mechanics and elevator contractors;

$100 per year for an elevator mechanic, elevator renovator mechanic, or accessibility lift mechanic; and

$150 per year for an elevator contractor or elevator renovator contractor.

The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

The State Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

revenue distributed to the Fund under this subtitle;

money appropriated in the State budget to the Fund;

investment earnings of the Fund; and

any other money from any other source accepted for the benefit of the Fund.

The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

Any investment earnings of the Fund shall be paid into the Fund.

Except as otherwise provided in Part III of this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person shall be licensed by the Board as an elevator renovator contractor before the person engages in the business of elevator renovating.

By June 1, 2004, a person who engages in the business of elevator renovating for a business incorporated before January 1, 2002, shall be licensed by the Board as an elevator renovator contractor before the person engages in the business of elevator renovating.

A licensed elevator contractor is not required for removing or dismantling an elevator unit if:

An elevator refinisher need not obtain a license.

A crane mechanic performing work on elevators or lifts located on a port facility owned, leased, or operated by the Maryland Port Administration need not obtain a license.

A person installing a residential stairway chairlift need not obtain a license.

A person who is licensed under this subtitle as an elevator mechanic need not obtain a license to provide the services described in subsection (e) of this section.

The Board shall adopt regulations, including education and experience requirements, to certify accessibility lift mechanic specialists to erect, construct, wire, alter, replace, maintain, repair, dismantle, or service private residential elevators.

Until the Board adopts regulations to certify accessibility lift mechanic specialists to perform work on private residential elevators, an accessibility lift mechanic may provide the services described in paragraph (1) of this subsection.

A candidate actively completing the certification requirements adopted by the Board under paragraph (1) of this subsection may continue to perform that work without certification for up to 4 years after the effective date of the regulations.

have a certificate of completion of an apprenticeship program for elevator mechanics that has standards substantially equivalent to those of Part III of this subtitle and is registered with the Office of Apprenticeship of the U.S. Department of Labor or a state apprenticeship council.

the qualifications of an applicant for an elevator renovator contractor license and an applicant for an elevator renovator mechanic license; and

the scope of practice of a licensed elevator renovator contractor and a licensed elevator renovator mechanic.

An applicant for an accessibility lift mechanic license shall:

The Board may issue a conditional license under this subsection that is effective until January 1, 2017, to a candidate actively completing the educational requirements described in paragraph (1)(ii)2 of this subsection.

An applicant for a license shall:

The application fee is nonrefundable.

if the applicant is an individual, the name, residence, and business address of the applicant;

if the applicant is a partnership, the name, residence, and business address of each general partner;

if the applicant is a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation;

if the applicant is a corporation other than a domestic corporation, the name and address of the resident agent;

the number of years the applicant has engaged in the business of installing, altering, repairing, renovating, or servicing elevators;

the approximate number of individuals, if any, to be employed by an applicant that is an elevator contractor or elevator renovator contractor and, if applicable, evidence satisfactory to the Board that the employees are or will be covered by workers’ compensation insurance;

evidence satisfactory to the Board that the applicant is or will be covered by general liability, personal injury, and property damage insurance; and

any other information that the Board requires.

The Board may use a testing service to administer the examinations required under this section.

If the Board uses a testing service under this section, the testing service, subject to requirements set by the Board, may:

pays to the Board the appropriate application fee required by Part III of this subtitle; and

provides adequate evidence that the applicant:

the applicant has qualified for a license; and

on receipt of a license fee set by the Board, the Board shall issue a license to the applicant.

on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and

that does not affect the elevator’s moving operation.

on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and

that does not affect the elevator’s moving operation.

Subject to paragraph (2) of this subsection, unless a license is renewed for a 2-year term as provided in this section, the license expires on the second anniversary of its effective date.

The Secretary may determine that licenses issued under Part III of this subtitle shall expire on a staggered basis.

At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

otherwise is entitled to be licensed;

pays the renewal fee to the Board; and

submits to the Board a renewal application on the form that the Board provides.

require a demonstration of continuing professional competency for a licensee as a condition of renewal of a license under this section;

establish criteria for continuing education providers;

provide for a temporary waiver of continuing education under specified circumstances; and

set record keeping criteria for approved continuing education providers.

applies to the Board for reinstatement within 2 years after the license expires;

meets the renewal requirements of § 12–833 of this subtitle; and

pays to the Board a reinstatement fee in an amount, not exceeding $100, set by the Board.

If a person has failed to renew a license under § 12–833 of this subtitle for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board:

The Board may reinstate a license under paragraph (1)(ii) of this subsection only if the person:

immediately seek a temporary elevator mechanic license from the Board; and

pay the fee that the Board determines.

an emergency exists in the State because of disaster, act of God, or work stoppage; and

the number of licensed elevator mechanics in the State is insufficient to cope with the emergency.

general liability insurance in the amount of at least $1,000,000; and

property damage insurance in the amount of at least $500,000.

fraudulently or deceptively obtains or attempts to obtain a license;

fails to notify the Board or the owner or lessee of an elevator or related mechanism of any condition not in compliance with Part II of this subtitle;

under the laws of the United States or of any state, is convicted of:

transfers the authority granted by a license to another person;

installs, repairs, or maintains an elevator or assists in the installation, repair, or maintenance of an elevator in a negligent or careless manner;

willfully or deliberately disregards and violates a building code, electrical code, or construction law of the State or a county or municipal corporation of the State; or

violates any provision of this subtitle.

Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Board may impose a penalty not exceeding $5,000 for each violation.

To determine the amount of the penalty imposed under this subsection, the Board shall consider:

The Board shall pay any penalty collected under this subsection into the General Fund of the State.

the nature of the crime;

the relationship of the crime to the activities authorized by the license;

with respect to a felony, the relevance of the conviction to the fitness and qualifications of the applicant or licensee to perform services as an elevator contractor, elevator mechanic, elevator renovator contractor, or elevator renovator mechanic;

the length of time since the conviction; and

the behavior and activities of the applicant or licensee before and after the conviction.