# COMAR Title 09 — Maryland Department of Labor

## Subtitle 35 — Elevator Safety Review Board

### Chapter 01 — General Regulations

**Authority:** Public Safety Article, §§12-822.1, 12-823, 12-824, 12-833.1, 12-834, and 12-837, Annotated Code of Maryland; Chs. 306 and 307, Acts of 2012

**Administrative History:** Effective date:

**Administrative History:** Regulation .01 adopted as an emergency provision effective January 31, 2002 (29:4 Md. R. 412); adopted permanently effective May 27, 2002 (29:10 Md. R. 826)

**Administrative History:** Regulation .01 repealed and new Regulation .01 adopted as an emergency provision effective November 14, 2012 (39:25 Md. R. 1609); adopted permanently effective April 15, 2013 (40:7 Md. R. 610)

**Administrative History:** Regulation .01 amended effective May 12, 2014 (41:9 Md. R. 520)

#### Regulation .01 Fees.

*COMAR 09.35.01.01*

This chapter is intended to set various fees to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Elevator Safety Review Board (the Board). Therefore, the Board hereby sets the following fees:

A. Nonrefundable application fee for an Elevator Mechanic license, Elevator Contractor license, Elevator Renovator Mechanic license, Elevator Renovator Contractor license, and Accessibility Lift Mechanic license: $25

B. Initial license fee:

  (1) Elevator Mechanic license and Elevator Renovator Mechanic license: —$175

  (2) Elevator Contractor license and Elevator Renovator Contractor license:—$275

  (3) Accessibility Lift Mechanic license:—$125

C. Renewal license fee:

  (1) Elevator Mechanic license and Elevator Renovator Mechanic license: —200

  (2) Elevator Contractor license and Elevator Renovator Contractor license:  $300

  (3) Accessibility Lift Mechanic license:—$150

D. License reinstatement fee, payable in addition to any applicable renewal fees:—$25

E. License verification fee:—$25

F. Temporary Elevator Mechanic license:

  (1) $25 for a 30-day initial license; and

  (2) $10 for each 30-day renewal license.

### Chapter 02 — Qualifications

**Authority:** Public Safety Article, §§12-823(4), 12-826, 12-827(c), and 12-834, Annotated Code of Maryland

**Administrative History:** Effective date: July 9, 2012 (39:13 Md. R. 785)

**Administrative History:** Regulation .04 adopted effective January 13, 2020 (47:1 Md. R. 12)

**Administrative History:** Regulation .05 adopted effective January 13, 2020 (47:1 Md. R. 12)

**Administrative History:** Regulation .06 adopted effective January 13, 2020 (47:1 Md. R. 12)

#### Regulation .01 Definitions.

*COMAR 09.35.02.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Board" means the Elevator Safety Review Board.

  (2) “Safety Code” has the meaning set forth in Public Safety Article, §12-801(p), Annotated Code of Maryland.

  (3) “Third-party qualified elevator inspector” has the meaning set forth in Public Safety Article, §12-801(r), Annotated Code of Maryland.

#### Regulation .02 Qualifications for an Elevator Renovator Mechanic’s License.

*COMAR 09.35.02.02*

A. An applicant who applies for an elevator renovator mechanic’s license on or before January 1, 2013, shall demonstrate to the Board a minimum of 3 years of relevant work experience in elevator renovation that is acceptable to the Board.

B. An applicant who applies for an elevator renovator mechanic’s license after January 1, 2013, shall:

  (1) Demonstrate to the Board an acceptable combination of relevant work experience and education; and

  (2) Pass an exam approved by the Board.

#### Regulation .03 Qualifications for an Elevator Renovator Contractor’s License.

*COMAR 09.35.02.03*

A. An applicant who applies for an elevator renovator contractor’s license on or before January 1, 2013, shall demonstrate to the Board a minimum of 3 years of relevant work experience in elevator renovation that is acceptable to the Board.

B. An applicant who applies for an elevator renovator contractor’s license pursuant to §A of this regulation, shall have until January 1, 2013, to have at least one of its employees or responsible management personnel pass an exam approved by the Board.

C. An applicant who applies for an elevator renovator contractor’s license after January 1, 2013, shall:

  (1) Demonstrate to the Board an acceptable combination of relevant work experience and education; and

  (2) Pass an exam approved by the Board.

#### Regulation .04 Application for a Temporary Elevator Mechanic License.

*COMAR 09.35.02.04*

A. A temporary elevator mechanic license may be issued by the Board upon receipt of the following:

  (1) An application on a form provided by the Board from a licensed elevator contractor that includes:

    (a) A statement from a licensed elevator contractor that a licensed elevator mechanic is not available to perform construction, maintenance, or service and repair of elevators due to a labor shortage; and

    (b) A certification by the licensed elevator contractor that the individual to receive the temporary license possesses sufficient documented education and experience to perform as an elevator mechanic without direct and immediate supervision;

  (2) An application on a form provided by the Board from an applicant seeking a temporary mechanic license; and

  (3) A nonrefundable temporary mechanic license fee as established under COMAR 09.35.01.01.

B. A temporary elevator mechanic license is valid for 30 days from the date of issuance.

C. The Board may deny a request from a licensed elevator contractor who does not hold a license in good standing or who is the subject of an active or pending complaint.

#### Regulation .05 Qualifications for a Temporary Elevator Mechanic License.

*COMAR 09.35.02.05*

A. The following individuals may be considered for a temporary elevator mechanic license:

  (1) An individual who has a minimum of 3 years of acceptable work experience in the elevator industry performing construction, maintenance, service, or repair of elevators and is a second year apprentice enrolled in an approved apprenticeship and training program;

  (2) An individual who has a minimum of 5 years of acceptable work experience in the elevator industry performing construction, maintenance, service, or repair of elevators under a licensed elevator mechanic; and

  (3) An individual who has a minimum of 3 years of acceptable work experience in the elevator industry performing construction, maintenance, service, or repair of elevators and holds a license in good standing with no violations in any other state.

B. All qualifying education and experience shall be documented by the licensed elevator contractor on an application provided by the Board.

C. Out-of-State individuals shall submit a letter of good standing from the state of licensure in addition to the required application.

#### Regulation .06 Renewal of Temporary Elevator Mechanic License.

*COMAR 09.35.02.06*

A. The Board may renew a temporary elevator mechanic license for additional 30 day periods as long as a licensed elevator mechanic is unavailable and the holder of the temporary license remains an employee of the certifying licensed elevator contractor.

B. To renew the temporary elevator mechanic license, the licensed elevator contractor shall submit the following:

  (1) A written notification to the Board that a shortage of license elevator mechanics continues;

  (2) A completed renewal application on a form the Board provides; and

  (3) A nonrefundable renewal fee pursuant to COMAR 09.35.01.01.

C. The Board may refuse to renew the temporary license of a temporary licensee if the Board determines that the individual has had an adequate opportunity to obtain licensure under Public Safety Article, §12-827, Annotated Code of Maryland.

### Chapter 03 — Scope of Practice

**Authority:** Public Safety Article, §§12-823(4), 12-826, and 12-827(c), Annotated Code of Maryland

**Administrative History:** Effective date: July 9, 2012 (39:13 Md. R. 785)

#### Regulation .01 Scope of Practice for Elevator Renovator Mechanics.

*COMAR 09.35.03.01*

A. An elevator renovator mechanic may not engage in any work that affects the moving or mechanical parts of an elevator.

B. All elevator renovations shall be compliant with the Safety Code.

C. If an elevator renovator mechanic performs any work that affects the weight, cab size, or fire ratings of an elevator, the work shall be performed in compliance with any applicable requirements of the Safety Code and, to the extent required, be done in consultation with a licensed elevator contractor or mechanic.

D. If the renovation “alters” the elevator, as defined by the Safety Code, then a final inspection shall be performed by the Maryland Department of Labor's Division of Labor and Industry.

#### Regulation .02 Scope of Practice for Elevator Renovator Contractors.

*COMAR 09.35.03.02*

A. An elevator renovator contractor may not engage in any work that affects the moving or mechanical parts of an elevator.

B. If an elevator renovator contractor performs any work that affects the weight, cab size, or fire ratings of an elevator, the work shall be performed in compliance with any applicable requirements of the Safety Code and, to the extent required, be done in consultation with a licensed elevator contractor or mechanic.

C. If the renovation “alters” the elevator as defined by the Safety Code, then a final inspection shall be performed by the Maryland Department of Labor's Division of Labor and Industry.

D. Thirty days prior to the anticipated completion date of any elevator alteration, an elevator renovator contractor shall request a final acceptance inspection in accordance with COMAR 09.12.81.04.

E. Prior to putting the elevator back in service, the elevator renovator contractor shall ensure that an inspection is performed by an authorized third-party qualified elevator inspector to determine compliance with applicable law, regulations, and the Safety Code. If the authorized third-party qualified elevator inspector determines that the renovation “alters” the elevator, as defined in the Safety Code, then a final acceptance inspection is required as described in §D of this regulation.

F. A copy of the inspection report resulting from the final acceptance inspection required by COMAR 09.12.81.04 shall be provided to the owner of the elevator.

### Chapter 04 — Continuing Professional Competency

**Authority:** Public Safety Article, §§12-823(4), 12-833(d), and 12-837(a)(7), Annotated Code of Maryland; Ch. 5, §2, Acts of 2003

**Administrative History:** Effective date: April 28, 2014 (41:8 Md. R. 470)

**Administrative History:** Regulation .10 repealed effective June 5, 2017 (44:11 Md. R. 524)

**Administrative History:** Regulation .10 adopted effective January 28, 2019 (46:2 Md. R. 52)

#### Regulation .01 Purpose.

*COMAR 09.35.04.01*

The public interest requires that licensees holding applicable licenses pursuant to Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland, provide competent services in all areas of practice. The State legislature has determined that it is in the best interest of the public to require licensees to comply with the continuing professional competency requirements as a prerequisite to the renewal of an applicable license.

#### Regulation .02 Definitions.

*COMAR 09.35.04.02*

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

  (1) “Activity” means attending and completing qualifying courses, seminars, workshops, technical presentations, and other qualifying programs that meet the criteria and objectives of continuing professional competency.

  (2) “Authorized provider” means an organization or individual reviewed and approved by the CPC Standards Committee.

  (3) “Board” means the Elevator Safety Review Board.

  (4) “Continuing Professional Competency (CPC) unit” means 1 hour of instruction, presentation, or other activity.

  (5) “Course” means a qualifying offering with a clear purpose and objective to maintain, improve, or expand the skills and knowledge of a licensee’s field of practice.

  (6) “CPC Standards Committee” means a committee of Board members as established in Regulation .05 of this chapter.

  (7) “Qualifying program” means any course, seminar, workshop, technical presentation, or any other qualifying offering that meets the criteria set forth in Regulation .04 of this chapter.

#### Regulation .03 Requirements.

*COMAR 09.35.04.03*

A licensee shall complete a minimum of 8 CPC units during each licensing renewal period.

#### Regulation .04 Criteria for Qualifying Programs.

*COMAR 09.35.04.04*

Programs shall meet at least the following criteria in order to be considered qualifying programs:

A. Maintain and enhance professional competency of licensees regulated by the Board;

B. Foster improvement, advancement, and extension of the mechanical and other appropriate professional skills and knowledge related to the work performed by licensees regulated by the Board;

C. Be offered by an authorized provider;

D. Have a stated purpose and defined content area;

E. Be presented by presenters who are qualified in the defined content area; and

F. Have a clearly stated time duration.

#### Regulation .05 Authorization of Providers.

*COMAR 09.35.04.05*

A. Responsibility for Authorizing Providers.

  (1) The Board shall select and establish a committee to recommend the approval of providers of the CPC units (the “CPC Standards Committee”).

  (2) The CPC Standards Committee shall consist of the following individuals:

    (a) One renovator member; and

    (b) Two members from the following three categories of Board members:

      (i) A major elevator manufacturing company or its authorized representative;

      (ii) An elevator servicing company; or

      (iii) A representative of labor involved in the installation, maintenance, and repair of elevators.

  (3) The Board shall assign to the CPC Standards Committee the responsibility for reviewing and recommending the approval of providers to the Board. The Committee shall establish guidelines and procedures for the recommendation of approval of authorized providers in accordance with the objectives stated in this regulation and Regulation .04 of this chapter.

  (4) If requested by the Board, the CPC Standards Committee shall submit quarterly reports to the Board containing the list of authorized providers approved by the Committee in the previous calendar quarter, together with any other information requested by the Board.

B. Providers’ Eligibility.

  (1) The following are authorized providers without any further action by the CPC Standards Committee or the Board:

    (a) National Association of Elevator Contractors;

    (b) American Society of Mechanical Engineers;

    (c) National Elevator Industry Educational Program; and

    (d) Elevator Industry Work Preservation Fund.

  (2) The CPC Standards Committee may recommend to the Board approval of other providers or programs, if:

    (a) The provider’s program meets the criteria set forth in Regulation .04 of this chapter; and

    (b) The provider submits general information that will enable the Board to evaluate the provider’s qualifications, including, at a minimum, the following information with each application for approval:

      (i) The types and descriptions of proposed or existing courses intended to be offered;

      (ii) The number of CPC units to be awarded for each course;

      (iii) The identity and qualifications of the course instructors; and

      (iv) The proposed course outlines detailing the content of instruction to be offered.

  (3) The Board may suspend or revoke authorization as a provider if, in the judgment of the Board, the provider no longer meets the objective of providing useful, current, and technically accurate information to the licensees.

  (4) Individuals or organizations that have not been recommended for authorized provider status by the Committee may appeal that decision to the Board within 30 days after the CPC Standards Committee notifies the individual or organization of the recommendation.

  (5) The Board may require approved providers to document the CPC activities for audit by the Board at any time. Documentation shall include registration and attendance records, stated purpose, content, presentation, time and length of the activity, and participant evaluations.

C. The Board shall maintain and make available to licensees the roster of approved providers.

#### Regulation .06 Record Keeping.

*COMAR 09.35.04.06*

A. Responsibility to Maintain Records.

  (1) It is the responsibility of the licensee to maintain records to be used to support the licensee’s continuing professional competency credit claim.

  (2) A licensee shall maintain the records for a period of at least 4 years from the date of completion of the qualifying program.

B. Documentation referred to in §A(2) of this regulation includes, but is not limited to, the following:

  (1) Certificates of participation;

  (2) Transcripts, if appropriate;

  (3) Title and description of the activity;

  (4) Dates attended;

  (5) Presenter’s name; and

  (6) Any other appropriate information.

#### Regulation .07 Reporting Requirements for License Renewal.

*COMAR 09.35.04.07*

A. A licensee shall attest on the license renewal form to the fact that the licensee has completed all applicable CPC requirements set forth in this chapter by the last day of the month preceding the month in which the licensee's individual license is required to be renewed for the following 2-year licensing term.

B. The Board at its discretion may audit randomly selected licensees to verify compliance with CPC requirements.

C. Licensees who are audited shall provide any additional documentation required by the Board to complete the audit.

#### Regulation .08 Failure to Meet the CPC Requirements.

*COMAR 09.35.04.08*

In the event a licensee fails to comply with the CPC requirements set forth in this chapter, the Board, subject to the hearing provisions of Public Safety Article, §12-838, Annotated Code of Maryland, may take disciplinary action pursuant to Public Safety Article, §12-837, Annotated Code of Maryland.

#### Regulation .09 Reinstatement of License.

*COMAR 09.35.04.09*

A licensee who wishes to reinstate a license after failing to complete the CPC requirements shall fulfill past due CPC requirements for the previous CPC reporting periods up to 16 CPC units (8 CPC units for up to two licensing periods) and pay all past due fees, unless the Board finds extenuating circumstances that establish good cause for a temporary waiver of the licensee’s failure to complete the CPC requirements.

#### Regulation .10 Failure to Respond.

*COMAR 09.35.04.10*

A. If an applicant or licensee receives from the Board a written communication requesting a response, the applicant or licensee shall respond in writing within 30 days of the date of the mailing.

B. The Board shall send a written communication by first-class mail to the last address furnished to the Board by the applicant or licensee.

C. It is the responsibility of an applicant or licensee to notify the Board in writing if there has been a change in the applicant’s or licensee’s address

D. Failure to respond as required by this regulation may be considered by the Board to be a violation of Public Safety Article, §12-837(a)(7), Annotated Code of Maryland.