In this subtitle the following words have the meanings indicated. “Accessibility lift mechanic” means a person who is engaged in erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing commercial stairway chairlifts, vertical platform lifts, or incline platform lifts. “Accessibility lift mechanic specialist” means a person who is licensed as an accessibility lift mechanic and has been certified by the Board to erect, construct, wire, alter, replace, maintain, repair, dismantle, or service private residential elevators. “Board” means the Elevator Safety Review Board. “Certificate” means a certificate of registration and inspection issued by the Commissioner to operate an elevator unit. “Cliffside elevator” means an elevator located at, on, or adjacent to the side of a cliff or a natural incline that is intended for use by individuals. “Commissioner” means the Commissioner of Labor and Industry or an authorized representative of the Commissioner of Labor and Industry. “Direct–acting hydraulic elevator” means an elevator in which the energy is applied by a direct hydraulic driving machine. “Dumbwaiter” means a hoisting and lowering machine equipped with a car of limited capacity and size that moves in guides in a substantially vertical direction and is used exclusively for carrying material. “Elevator” means a hoisting and lowering machine equipped with a car or platform that moves in guides in a substantially vertical direction and serves two or more floors of a building or structure. “Elevator contractor” means a person who is engaged in the business of erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator or accessibility lift units. “Elevator mechanic” means a person who is engaged in erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator or accessibility lift units. “Elevator refinisher” means a person who is engaged in the refinishing of existing metal and wood elements in elevator cabs, including the stripping of old lacquer on wood and bronze items, staining wood to match existing finishes, cleaning, polishing, oxidizing, painting, lacquering, and the removing of scratches to maintain existing finishes. “Elevator renovator contractor” means a person who is engaged in the business of performing work: 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. “Elevator renovator mechanic” means a person who performs work: 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. “Elevator unit” includes a cliffside elevator, an elevator, an escalator, a dumbwaiter, and a moving walk. “Escalator” means a power driven, inclined, continuous stairway used for raising and lowering passengers. “License” includes: an accessibility lift mechanic license; an elevator contractor license; an elevator mechanic license; an elevator renovator contractor license; and an elevator renovator mechanic license. “Moving walk” means a type of passenger–carrying device on which passengers stand or walk and in which the passenger–carrying surface remains parallel to its direction of motion and is uninterrupted. “Safety Code” means the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, known as ANSI A17.1–1971, and all subsequent amendments and revisions to it, as adopted by the Commissioner. “Secretary” means the Secretary of Labor. “Third–party qualified elevator inspector” means an inspector who: 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: the certification requires testing and grading consistent with industry recognized criteria and any related consensus standards; and any renewal of certification requires continuing education.

In this section, “assisted living program” has the meaning stated in § 19–1801 of the Health – General Article. The Commissioner shall administer and enforce Part II of this subtitle. 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: adopt regulations that amend standards set forth in 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; and adopt other regulations. 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 Commissioner may assign duties and functions imposed by Part II of this subtitle to the chief elevator inspector. The cost of administering Part II of this subtitle is provided for under § 5–204 of the Labor and Employment Article.

Except as otherwise provided in this section, each elevator unit shall be inspected, tested, and maintained in a safe operating condition in accordance with: the Safety Code; and any other regulations adopted by the Commissioner. Subject to subparagraph (ii) of this paragraph, an elevator unit installed before July 1, 1955, may be used without being altered or rebuilt to comply with the requirements of the Safety Code. Each elevator shall be equipped with standard hoistway entrance protection, and each passenger elevator of more than 100 feet per minute contract speed shall be provided with car doors or gates that meet the requirements of the Safety Code. Notwithstanding any other provision of this subsection, each elevator unit installed before July 1, 1955: shall be maintained in a safe operating condition so as not to create a substantial probability of serious physical harm or death; and is subject to inspections and tests as required. 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: beginning October 1, 2018, a 5–year test on an elevator of a privately owned building that requires an inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector; beginning October 1, 2019, a test on an elevator of a publicly owned building that requires an inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector; beginning October 1, 2021, an annual test on an elevator, except for a direct–acting hydraulic elevator, of a privately owned building that requires an inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector; and beginning October 1, 2022, an annual test on a direct–acting hydraulic elevator of a privately owned building that requires an elevator inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector. 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. The third–party qualified elevator inspector shall contact the elevator contracting company and the property owner not less than 60 days in advance to schedule the test for a date and time that is reasonably convenient for all parties involved. The owner or agent of the owner shall contact the elevator contracting company not less than 60 days in advance to schedule the test for a date and time that is reasonably convenient for all parties involved. 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. On written request, the Commissioner may grant exceptions from the literal requirements or allow the use of devices or methods other than those specified under the Safety Code and other regulations adopted by the Commissioner if: 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.

Except as otherwise provided in this section, each elevator unit owned or to be operated shall be registered with the Commissioner at least 60 days before its planned completion and before it is placed in service. 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: its type; its rating load and speed; the name of its manufacturer; its location; the purpose for which it is used; and any other information the Commissioner requires. The Commissioner: may not disclose to the public any information regarding a registered elevator unit installed in a privately owned single–family residential dwelling; and shall delete the registration of an elevator unit that is installed in a privately owned single–family residential dwelling on completion of the final acceptance inspection under § 12–810 of this subtitle. Under emergency circumstances, an owner or lessee may register an elevator unit with the Commissioner with less than 60 days’ notice in accordance with regulations adopted under Part II of this subtitle. 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.

A State inspector shall make the following inspections: 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: half day (up to 4 hours), not to exceed $250; or full day (up to 8 hours), not to exceed $500. 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.

A certificate is valid for the period indicated on the certificate. 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. Before scheduling an inspection with the Commissioner or a third–party qualified elevator inspector, the contractor, owner, or lessee of an elevator unit shall: 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.

If a State inspector cancels a final acceptance inspection under § 12–810 of this subtitle or if a follow–up inspection is required under § 12–812 of this subtitle, the contractor, owner, or lessee of the elevator unit shall: 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. A contractor, owner, or lessee shall maintain a copy of any inspection, maintenance, and repair records at a central location in a manner consistent with regulations adopted under Part II of this subtitle. A contractor, owner, or lessee of an elevator unit shall file with the Commissioner the following records at time intervals set by regulation: records of all test reports and inspection reports as defined by regulation; and records of all incidents or serious injuries as defined by regulation. All records submitted to the Commissioner electronically shall be in a format and method defined by regulation.

The Commissioner may prohibit use of an elevator unit after determining, based on an inspection, that: 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. The Commissioner shall issue a written notice prohibiting use of the elevator unit to the contractor, owner, lessee, or agent in charge of the elevator unit. A copy of the notice: 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. Use of the elevator unit is prohibited while a notice is posted on the elevator unit. A person aggrieved by the decision to prohibit use of an elevator unit may bring an action to modify or vacate the decision on the ground that it is unlawful or unreasonable. An action under this section shall be brought in the circuit court for the county where the elevator unit is located. In a proceeding under this section, a court may not stay an order of the Commissioner unless: 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.

Subject to subsection (k) of this section, if, after an inspection or investigation, the Commissioner determines that, within the immediately preceding 6 months, an elevator unit is in violation of the Safety Code or another regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner shall issue a citation to the owner. Each citation under this section shall: 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. An owner who is issued a citation shall post the citation or a copy of the citation conspicuously at or near the elevator unit alleged to be in violation. Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the owner: notice of the violation with a copy of the citation and proposed penalty; and notice of the opportunity to request a hearing. Within 15 days after an owner receives a notice under subsection (d) of this section, the owner may submit a written request for a hearing on the citation and proposed penalty. If a hearing is not requested within 15 days, the citation, including any penalties, shall become a final order of the Commissioner. If the owner requests a hearing, the Commissioner may delegate to the Office of Administrative Hearings the authority to hold a hearing and issue proposed findings of fact, conclusions of law, and an order in accordance with Title 10, Subtitle 2 of the State Government Article. A decision of an administrative law judge issued in accordance with Title 10, Subtitle 2 of the State Government Article shall become a final order of the Commissioner unless, within 15 days after the issuance of the proposed decision: 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. After review of the proposed order under subsection (h) of this section, whether or not a hearing on the record is held, the Commissioner shall issue an order that, on the basis of findings of fact and conclusions of law, affirms, modifies, or vacates the proposed decision. An order of the Commissioner under subsection (i) of this section is the final administrative order. The Commissioner may establish, by regulation, procedures for the issuance of a warning notice instead of a citation for a de minimis violation that has no direct or immediate relationship to health or safety.

If, after investigation, the Commissioner determines that an owner violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect a civil penalty of up to $5,000 for each elevator unit in violation of the Safety Code or regulations. In determining the amount of the penalty, the Commissioner shall consider: the gravity of the violation; the owner’s good faith; and the owner’s history of violations under this subtitle. If, after investigation, the Commissioner determines that an owner willfully or repeatedly violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect double the administrative penalties set forth in subsection (a) of this section. If, after the issuance of a final order affirming a violation of the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, an owner fails to correct the violation within 10 days, the Commissioner may impose a civil penalty, not exceeding $1,000 for each day a violation continues, against the owner. Each civil penalty shall be paid into the General Fund of the State.

The Board consists of the following ten members: as an ex officio member, the Commissioner; and nine members appointed by the Governor with the advice of the Secretary and with the advice and consent of the Senate. Of the nine appointed members of the Board: one shall represent a major elevator manufacturing company or its authorized representative; one shall represent an elevator servicing company; one shall represent the architectural design profession; one shall represent a municipal corporation in the State; one shall represent a building owner or manager; one shall represent labor involved in the installation, maintenance, and repair of elevators; one shall represent the elevator interior renovation industry; and two shall be members of the public. 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.

In this section, “Fund” means the Elevator Safety Review Board Fund. There is an Elevator Safety Review Board Fund. The purpose of the Fund is to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board. The Commissioner shall administer the Fund. 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. The Fund consists of: 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 Fund may be used only to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board. 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. Expenditures from the Fund may be made only in accordance with the State budget. Any balance in the Fund at the end of June 30 of each fiscal year in excess of 10% of the actual expenses of operating the Elevator Safety Review Board shall revert to the General Fund of the State. The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.

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 mechanic before the person erects, constructs, wires, alters, replaces, maintains, repairs, dismantles, or services elevator units in the State. 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 contractor before the person engages in the business of erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator units in the State. 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. 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 mechanic before the person performs elevator renovator work. 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 accessibility lift mechanic before the person erects, constructs, wires, alters, replaces, maintains, repairs, dismantles, or services commercial stairway chairlifts, vertical platform lifts, or incline platform lifts in the State. A licensed elevator contractor is not required for removing or dismantling an elevator unit if: the elevator unit is destroyed as a result of a complete demolition of a building; or a hoistway or wellway is demolished back to the basic support structure. An individual who works as an elevator apprentice under the direct supervision of a licensed elevator mechanic or licensed elevator renovator mechanic need not obtain a license. An individual commonly known as an elevator helper who works under the direct supervision of a licensed elevator mechanic or a licensed elevator renovator mechanic need not obtain a license. 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.

An applicant for an elevator mechanic license shall: have an acceptable combination of documented experience and education credits, with at least 3 years of recent and active work experience in the elevator industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and pass a written examination administered by the Board on the Safety Code; have completed at least 3 years of recent and active work experience in the elevator industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and have a certificate of completion of the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program or its equivalent; or 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. An applicant for an elevator contractor license shall have at least 5 years of work experience in the elevator industry in construction, maintenance, service, or repair. The Board shall adopt regulations governing: 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: have an acceptable combination of documented experience and education credits, with at least 3 years of recent and active experience in the accessibility lift industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and pass a written examination administered by the Board on the Safety Code; have an acceptable combination of documented experience and education credits, with at least 3 years of recent and active experience in the accessibility lift industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and have a certificate from an organization providing an education program for the accessibility industry, such as the Certified Accessibility Technician Program or an equivalent program; or have a certificate of completion of an apprenticeship program for accessibility 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 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: submit to the Board an application on the form that the Board provides; submit to the Board any proof of eligibility that the Board requires; and pay to the Board or designee of the Board an application fee set by the Board. The application fee is nonrefundable. Each application shall contain the following information: 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.

Subject to the limitations of this section, the Board may waive the examination requirements of Part III of this subtitle for an individual who is licensed to perform elevator installation, alteration, repair, or service work in another state or a subdivision of another state. The Board may grant a waiver under this section only if the applicant: pays to the Board the appropriate application fee required by Part III of this subtitle; and provides adequate evidence that the applicant: meets the qualifications otherwise required by Part III of this subtitle; holds an active license in good standing in the other state or subdivision that is equivalent to a license in this State; and became licensed in the other state or subdivision after passing an examination that is similar to the examination for which the applicant is seeking the waiver. The Board may grant a waiver only if the state or subdivision in which the applicant is licensed waives the examination of licensees of this State to a similar extent as this State waives the examination requirements for individuals licensed in that state or subdivision.

While an elevator mechanic license is in effect, it authorizes the licensee to erect, construct, wire, alter, replace, maintain, repair, dismantle, or service elevator units under the direct supervision of a licensed elevator contractor. While an elevator contractor license is in effect, it authorizes the licensee to engage in the business of erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator units. While an elevator renovator contractor license is in effect, it authorizes the licensee to engage in the business of performing work: 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. While an elevator renovator mechanic license is in effect, it authorizes the licensee to perform work: 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. While an accessibility lift mechanic license is in effect, the license authorizes the licensee to erect, construct, wire, alter, replace, maintain, repair, dismantle, and service commercial stairway chairlifts, vertical platform lifts, or incline platform lifts under the direct supervision of a licensed elevator contractor.

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: a renewal application form; and a notice that states: the date on which the current license expires; and the amount of the renewal fee. 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. Before the license expires, the licensee periodically may renew the license for an additional 2-year term if the licensee: 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. The Board shall adopt regulations to: 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. The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

The Board shall reinstate the license of a person that, for any reason, has failed to renew the license if the person: 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: may require the person to reapply for a license in the same manner as an applicant applies for an original license under this subtitle; or subject to paragraph (2) of this subsection, may reinstate the license. The Board may reinstate a license under paragraph (1)(ii) of this subsection only if the person: meets the renewal requirements of § 12–833 of this subtitle; if required by the Board, states reasons why reinstatement should be granted; and pays to the Board a reinstatement fee in an amount, not exceeding $100, set by the Board.

A licensed elevator contractor shall respond as necessary to ensure public safety if: 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. Within 5 business days after beginning work that requires an elevator mechanic license, an individual certified by a licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic license from the Board. The licensed elevator contractor shall provide proof of competency as the Board may require for an individual certified by the licensed elevator contractor under subsection (b) of this section. The Board shall issue emergency elevator mechanic licenses. An emergency elevator mechanic license entitles the licensee to the rights and privileges of an elevator mechanic license issued under Part III of this subtitle. An emergency elevator mechanic license is valid for 30 days for particular elevator units or geographical areas as the Board designates. The Board shall renew an emergency elevator mechanic license during the existence of an emergency. The Board may not charge a fee for the issuance or renewal of an emergency elevator mechanic license.

Subject to the hearing provisions of § 12–838 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to an applicant, refuse to renew a license, reprimand a licensee, or suspend or revoke a license, if the applicant or licensee: 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: a felony; or a misdemeanor that is directly related 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; 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 seriousness of the violation; the harm caused by the violation; the good faith of the licensee; the assets of the licensee; and any history of previous violations by the licensee. The Board shall pay any penalty collected under this subsection into the General Fund of the State. The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(3) of this section: 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.