Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Any sole proprietorship, partnership, association or corporation that is
engaged in the business of maintaining, inspecting and testing elevator
devices, has at all times, as a bona fide employee, at least one qualified
elevator device inspector, and carries general liability insurance in at least
the amount of $ 4,000,000 for each person and each occurrence to satisfy claims
or judgments for property damage and/or personal injury may apply for
registration with the Department as a qualified firm.
1. The application shall contain information
relating to the financial integrity of the firm, as evidenced by a reviewed
financial statement prepared by an independent certified public
accountant.
2. The application
shall contain the names and addresses and home phone numbers of all persons who
hold at least a ten percent interest in the qualified firm and/or are corporate
officers.
3. Each applicant for
registration as a qualified firm shall disclose in the application any
subsidiary or parent relationship with any other qualified firm or other entity
regulated by the State Uniform Construction Code and shall further disclose all
interests of any officer, partner, or stockholder of the firm in any other
qualified firm or other entity regulated by the State Uniform Construction
Code.
4. Each application shall
include a sample form of the contract of full service needs to be used for the
purposes of this subchapter.
(b) Upon receipt of a completed application
on a form prescribed by the Department, including the information in (a) above
and a nonrefundable fee of $ 250.00, the Department shall issue a certificate
of registration, unless the application is denied in accordance with (c) below.
1. The certificate of registration shall
remain valid, unless revoked in accordance with (c) below, for two consecutive
years following the date of registration; provided, however, that the
certificate of registration shall become inactive for any period of time during
which the firm ceases to engage in the business of maintaining, inspecting and
testing elevator devices or ceases to employ at least one qualified elevator
device inspector. It shall be the responsibility of the qualified firm to
inform the Department within 30 days of any changes to the status of the
qualified firm during the two-year registration period. It shall be the
responsibility of the firm to reapply for registration at least two months
prior to the renewal date to make current the information contained in the
original application by submission of a completed reapplication form, as
prescribed by the Commissioner.
(c) A certificate of registration may be
denied or revoked if the Department determines that the firm, or any person
holding an ownership interest in the firm or otherwise authorized to represent
the firm, has at any time:
1. Willfully made a
misstatement of material fact in an application for issuance or renewal of a
registration certificate;
2.
Willfully committed fraud in connection with the maintenance, inspection or
testing of any elevator device;
3.
Maintained, inspected or tested any elevator device in a grossly negligent
manner;
4. Failed to ensure that
the qualified elevator device inspectors that it employs perform their duties
in accordance with the requirements of this subchapter;
5. Habitually failed to ensure the timely
submission of the elevator device certification in accordance with the
requirements of this subchapter;
6.
Willfully violated the requirements of the State Uniform Construction Code to
any substantial degree; or
7.
Failed to report an accident or equipment failure as required by the building
subcode and
5:23-12.11.
