Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety
09.12.81.04-1 - Third-Party Qualified Elevator Inspectors

Universal Citation: MD Code Reg 09.12.81.04-1

09.12.81.04-1. Third-Party Qualified Elevator Inspectors

A. Qualifications.

(1) A third-party qualified elevator inspector shall have a valid qualified elevator inspector certification issued by an organization accredited by the American Society of Mechanical Engineers.

(2) A third-party qualified elevator inspector shall be:

(a) An independent elevator consultant;

(b) Employed by an independent inspection agency; or

(c) Employed by the insurer of the elevator unit.

(3) A third-party qualified elevator inspector shall be registered with the Commissioner before performing inspections pursuant to Public Safety Article, § 12-809(d), Annotated Code of Maryland.

(4) A third-party qualified elevator inspector, who meets the qualifications set forth in § A(1) and (3) of this regulation, but does not meet the qualifications set forth in § A(2) of this regulation, is authorized to conduct only pre-final inspections under Public Safety Article, § 12-810(c)(2), Annotated Code of Maryland.

B. Insurance Requirements.

(1) A third-party qualified elevator inspector authorized to conduct periodic no-load elevator inspections shall provide the Commissioner with a certified copy of an insurance policy covering liability related to the third-party qualified elevator inspector performing inspections on elevator units in Maryland.

(2) The insurance policy shall be issued by an insurance company authorized to do business in Maryland.

(3) The insurance policy shall be in the amount of at least $500,000 for injury or death for any number of individuals in any single occurrence, and $100,000 for property damage in any single occurrence.

(4) The insurance policy shall identify the Commissioner as the certificate holder.

(5) A third-party qualified elevator inspector shall notify the Commissioner of any material insurance policy alterations or cancellations within 5 business days of receiving notice of the alteration or cancellation.

(6) A third-party qualified elevator inspector who conducts only inspections pursuant to Public Safety Article, § 12-810(c), Annotated Code of Maryland, is not required to have insurance under this provision.

C. Registration and Renewal.

(1) To register initially, a third-party qualified elevator inspector shall submit to the Commissioner a registration fee of $250 and a completed registration form setting forth the following:

(a) The applicant's name and address of record;

(b) A description of the applicant's education;

(c) A list of the applicant's past and present employers;

(d) The dates of the applicant's employment with each employer;

(e) The position the applicant held with each employer;

(f) Proof of certification required by § A of this regulation; and

(g) Proof of insurance required by § B of this regulation.

(2) A third-party qualified elevator inspector shall renew the registration on an annual basis and submit to the Commissioner the following:

(a) A copy of the current qualified elevator inspector certification;

(b) A completed renewal application form; and

(c) A renewal fee of $250.

D. Suspension, Revocation, or Cancellation of Registration for Third-Party Qualified Elevator Inspectors.

(1) Suspension of Registration.

(a) After investigation, the Commissioner may suspend the registration of a third-party qualified elevator inspector for the following reasons:

(i) Incompetence of the third-party qualified elevator inspector;

(ii) Untrustworthiness of the third-party qualified elevator inspector;

(iii) Willful falsification of any matter or statement contained in the registration or renewal form; or

(iv) Willful falsification of any matter or statement contained in a report or checklist of an inspection made by the third-party qualified elevator inspector.

(b) Within 10 days after suspending the registration of a third-party qualified elevator inspector, the Commissioner shall give written notice of the suspension to the third-party qualified elevator inspector.

(c) An individual whose third-party qualified elevator inspector registration has been suspended may apply for reinstatement after 120 days following the date of the suspension.

(2) Revocation of Registration.

(a) Following a suspension of registration under this section, if the Commissioner has reason to believe that a third-party qualified elevator inspector is no longer qualified to hold a registration, the Commissioner may hold a hearing to consider revocation of the third-party qualified elevator inspector's registration.

(b) The Commissioner shall give at least 10 days written notice of the hearing to the third-party qualified elevator inspector.

(c) At the hearing, the third-party qualified elevator inspector shall be present and may be represented by counsel.

(d) The Commissioner shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(e) If, after the hearing, the Commissioner determines that the third-party qualified elevator inspector is no longer qualified to hold a registration, the Commissioner shall immediately revoke the third-party qualified elevator inspector's registration.

(3) Cancellation of Registration. A third-party qualified elevator inspector shall be automatically cancelled if the insurance or QEI certification lapses for any reason.

(Regulation .04-1 adopted as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019); adopted permanently effective February 25, 2008 (35:4 Md. R. 514)
Regulation .04-1A amended as an emergency provision effective August 21, 2009 (36:19 Md. R. 1433); amended permanently effective November 16, 2009 (36:23 Md. R. 1816)
Regulation .04-1C amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 285); emergency statuis expired June 9, 2008)
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