Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment is needed due to the fact
that the American Society of Mechanical Engineers has discontinued their
qualified elevator inspector certification process. The change allows for the
acceptance of a national or internationally recognized organization that
provides an elevator inspector certification program. The amendment also adds
additional causes for action on a license by the Board.
(1) Certification Required. The inspection of
all elevator equipment required by sections 701.350-701.380, RSMo and these
rules and regulations shall be made only by a licensed inspector certified by
the board.
(A) Inspectors certified by the
board and directly employed by the state, municipality, political subdivision,
or authorized representative in a full-time position are exempt from the
insurance requirements listed herein, until such time as they perform
inspections outside the jurisdiction of the governing authority.
(2) Qualification of Special
Inspector. To be eligible for a license to inspect elevator equipment, the
applicant or licensee shall-
(A) Have a high
school diploma or general educational development (GED) equivalent;
(B) Have had at least four (4) years
experience in some mechanical or electrical endeavor, at least one (1) year of
which shall have been in the design, construction, installation, repair, or
inspection of elevators. The non-elevator, mechanical, or electrical experience
shall be at the journeyman mechanical level or technical work and the work must
have been comparable to work in the elevator industry. Engineering education on
a college level may be substituted on a year-for-year basis for the
non-elevator qualifying experience. The one (1) year of required elevator
experience may be on the basis of continuous employment for one (1) year in
which at least half (1/2) of the applicant's time is devoted to elevator
work;
(C) Have successfully passed
the written examination for elevator inspectors administered by an association
accredited by a nationally or internationally recognized organization and
evidenced by a certification of the applicant or licensee as a qualified
elevator inspector (QEI). This is commonly referred to as being QEI
certified;
(D) Have submitted proof
of insurance coverage insuring the applicant against professional liability,
insurance covering the errors and omissions of the applicant and commercial
general liability coverage, with an occurrence limit of not less than one (1)
million dollars and a general aggregate limit of not less than three (3)
million dollars. Additionally, insurance coverage of an employer for whom the
special inspector is employed shall be considered to comply with the
aforementioned, if the coverage provides equivalent coverage for each special
inspector; and
(E) Have no direct
financial interest in any business or operation which manufactures, installs,
repairs, modifies, or services elevator equipment. This qualification does not
prohibit employees of insurance companies insuring automatic elevator equipment
from obtaining a license as an inspector.
(3) Grandfather Clause for Special Inspector.
All special inspectors shall have one (1) year from the effective date of these
rules and regulations to meet the qualifications established by sections
701.350-701.380, RSMo. At the end of one (1) year from the effective date of
these rules and regulations, the applicant must comply with the requirements as
defined in 11 CSR 40-5.120 as listed herein.
(4) Qualifications of Municipal or Political
Subdivision Inspector. To be eligible for a license to inspect elevator
equipment for a municipality or political subdivision, the applicant or
licensee shall meet the requirements listed in subsections 11 CSR
40-5.120(2)(A), (2)(B), (2)(C), and (2)(E). If applicant or licensee does not
meet these requirements then (4)(A), (4)(B), (4)(C), and (4)(F) shall be met:
(A) Have a high school diploma or general
educational development (GED) equivalent;
(B) Have had at least one (1) year experience
in some mechanical or electrical endeavor. The mechanical or electrical
experience shall be at the journeyman mechanical level or technical work and
the work must have been comparable to work in the elevator industry.
Engineering education on a college level may be substituted on a year-for-year
basis for the qualifying experience;
(C) Have successfully passed the written
examination for elevator inspectors administered by an association accredited
by the American Society of Mechanical Engineers and evidenced by a
certification of the applicant or licensee as a qualified elevator inspector
(QEI). This is commonly referred to as being QEI certified. If applicant or
licensee does not meet subsections (4)(A), (4)(B), (4)(C) and (4)(F) then
(4)(D), (4)(E), and (4)(F) shall be met;
(D) Have successfully completed the Building
Officials Code Administrators (BOCA) certification program for elevator
inspector and evidenced by a certification of the applicant or licensee as a
BOCA certified elevator inspector, or a nationally recognized elevator
certification program approved by the Elevator Safety Board;
(E) Attend one (1) continuing education and
certification class per year as approved by the Missouri Elevator Safety Board;
and
(F) Have no direct financial
interest in any business or operation that manufactures, installs, repairs,
modifies, or services elevator equipment. This qualification does not prohibit
employees of insurance companies insuring automatic elevator equipment from
obtaining a license as an inspector. If applicant or licensee does not meet
subsections (4)(D), (4)(E), and (4)(F) then section (5) candidate's license
requirements shall be met.
(5) Apply for a Candidate's License to the
Missouri Elevator Safety Board. To be eligible for and to maintain a
candidate's license to inspect elevator equipment for a municipality or
political subdivision the applicant shall-
(A)
Have a high school diploma or general educational development (GED)
equivalent;
(B) Have had at least
one (1) year experience in some mechanical or electrical endeavor. The
mechanical or electrical experience shall be at the journeyman mechanical level
or technical work and the work must have been comparable to work in the
elevator industry. Engineering education on a college level may be substituted
on a year-for-year basis for the qualifying experience;
(C) Have their elevator equipment inspections
directly supervised by a QEI or BOCA certified elevator inspector or a
nationally recognized certified elevator inspector approved by the Missouri
Elevator Safety Board;
(D) Within
one (1) year of application for candidacy applicant shall have successfully
completed the training class for QEI or BOCA certification presented by an
association accredited by the American Society of Mechanical Engineers or the
Missouri Elevator Safety Board;
(E)
Beginning with the second year of their candidacy status the applicant shall
attend one (1) continuing education and certification class as approved by the
Missouri Elevator Safety Board per year;
(F) Within five (5) years of the date of
application to the Missouri Elevator Safety Board for a candidate's license to
inspect elevator equipment the applicant shall have successfully passed the
written examination for elevator inspectors administered by an association
accredited by the American Society of Mechanical Engineers and evidenced by a
certification of the applicant or licensee as a qualified elevator inspector
(QEI), commonly referred to as being QEI certified; or have successfully
completed the Building Officials Code Administrators (BOCA) certification
program for Elevator Inspector and evidenced by a certification of the
applicant or licensee as a BOCA certified elevator inspector, or a nationally
recognized elevator certification program approved by the Elevator Safety
Board; and
(G) Have no direct
financial interest in any business or operation that manufactures, installs,
repairs, modifies, or services elevator equipment. This qualification does not
prohibit employees of insurance companies insuring automatic elevator equipment
from obtaining a license as an inspector.
(6) Grandfather Clause for Municipal and
Political Subdivision Inspector. All existing inspectors shall have one (1)
year from the effective date of these rules and regulations to meet the
qualifications established by sections 701.350-701.380, RSMo. At the end of one
(1) year from the effective date of these rules and regulations, the applicant
must comply with the requirements as defined in 11 CSR 40-5.120 as listed
herein, except that upon application to the Missouri Elevator Safety Board for
a candidate's license, existing inspectors need not comply with subsection 11
CSR 40-5.120(5)(F).
(7)
Application.
(A) A written application for a
license shall be on a form supplied by the department, which shall include a
statement of the applicant's experience and proof that the applicant is QEI
certified.
(B) The board shall
consider an application for a license at its next regular meeting, which shall
in no event be more than three (3) months from the date the department received
the application.
(8)
Issuance.
(A) The department shall issue a
license immediately upon the board's approval of an applicant and the payment
of a fee in accordance with
11 CSR
40-5.110.
(B) A license shall expire one (1) year from
the date of issuance or renewal. License shall be renewed annually. The annual
inspector license fee shall be in accordance with
11 CSR
40-5.110 as listed herein.
(9) Prohibited Activities.
(A) No licensed inspector shall inspect any
elevator equipment if the licensed inspector, has a direct financial interest
in the building or operation in which the elevator equipment is
located.
(B) No licensed inspector
shall have or maintain a financial interest in any business which manufactures,
installs, alters, or services elevator equipment.
(C) No licensed inspector shall recommend or
refer one of his/her clients or customers to a specific business, firm, or
corporation which manufactures, installs, repairs, alters, or services elevator
equipment.
(10) Financial
Disclosure. On or before January 31 of each year, all licensed inspectors shall
file, with the department, a financial disclosure statement on forms provided
by the department and approved by the board. Such forms shall include, but not
be limited to, the following:
(A) The name
and address of any corporation, firm, or enterprise in which the licensed
inspector has a direct financial interest of a value in excess of one thousand
dollars ($1,000). Policies of insurance issued to the licensed inspector or
their spouse are not to be considered a financial interest;
(B) A list of every office or directorship
held by the licensed inspector or their spouse, in any corporation, firm, or
enterprise subject to jurisdiction of the board; and
(C) A list showing the name and address of
any person, corporation, firm, or enterprise from which the licensed inspector
received compensation in excess of one thousand five hundred dollars ($1,500)
during the preceding year.
(11) Revocation of License.
(A) The board may revoke any license for
cause. Such cause includes, but is not limited to the following:
1. Failure to comply with the provisions of
sections 701.350- 701.380, RSMo, or these rules and regulations;
2. Falsifying or making a material
misstatement or omission on any application for license, financial disclosure
statement, or inspection report;
3.
Failure to attend at least one (1) Missouri state elevator code update meeting
per calendar year conducted by the department; and
4. Conducting or performing state required
safety inspections without a state licensed mechanic, if
required.
(B) The
department shall give notice to the licensee by mail at least fifteen (15) days
prior to any hearing before the board regarding a license suspension or
revocation. Such notice shall state the date, time and place of hearing, and
shall contain a statement of the alleged facts or conduct warranting the
proposed suspension or revocation.
(C) If the chief elevator inspector notifies
the board or the board finds that the public safety imperatively requires
emergency action, and the board incorporates a finding to that effect in its
order, summary suspension of a license may be ordered pending the immediate
initiation of the license revocation procedures. In such an event, the licensee
shall be given written notice of the suspension. Such notice shall state the
date, time, and place of an emergency revocation hearing and a statement of the
alleged facts or conduct warranting the summary suspension and proposed
revocation. Hearing to be held within five (5) days of receipt of the
notice.
*Original authority: 701.355, RSMo
1994.
