BILL NUMBER: SB 727	CHAPTERED  09/25/06

	CHAPTER  448
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2006
	PASSED THE SENATE  AUGUST 22, 2006
	PASSED THE ASSEMBLY  AUGUST 14, 2006
	AMENDED IN ASSEMBLY  JUNE 14, 2006

INTRODUCED BY   Senator Lowenthal
   (Coauthor: Assembly Member Karnette)

                        FEBRUARY 22, 2005

   An act to add Section 7311.5 to the Labor Code, relating to safety
in employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 727, Lowenthal  Safety in employment: special purpose personnel
elevators.
   Existing law prohibits the construction, erection, installation,
material alteration, testing, maintenance, repair, or service of
specified conveyances by any person, firm, or corporation, unless
that person, firm, or corporation is certified by the Division of
Occupational Safety and Health as a certified qualified conveyance
company. Existing law also generally requires that any person who,
without supervision, erects, constructs, installs, alters, tests,
maintains, services or repairs, removes, or dismantles specified
conveyances be certified as a certified competent conveyance mechanic
by the division.
   This bill would provide that a person, firm, or corporation that
maintains and repairs solely special purpose personnel elevators, as
defined, on cranes that utilize a rack and pinion system in marine
terminals, as defined, as part of crane maintenance activities,
qualifies as a certified qualified conveyance company provided that
the individual qualifying individually or on behalf of the firm or
corporation meets certain experience requirements. This bill would
provide that a person may qualify as a certified competent conveyance
mechanic by meeting specified experience requirements. This bill
would also provide that the certifications obtained pursuant to these
provisions are limited to the purpose of maintaining and repairing
special purpose personnel elevators on cranes that utilize a rack and
pinion system in marine terminals, do not authorize the performance
of other specified procedures, and do not require an examination.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7311.5 is added to the Labor Code, to read:
   7311.5.  (a) A person, firm, or corporation that maintains and
repairs solely special purpose personnel elevators on cranes that
utilize a rack and pinion system in marine terminals as part of crane
maintenance activities qualifies as a certified qualified conveyance
company under Section 7311.1 if the individual qualifying
individually or on behalf of the firm or corporation has five years'
work experience at a journeyperson level in the crane maintenance
industry, including experience in the maintenance and repair of crane
elevators. This experience shall be verified by a person, firm, or
corporation in the business of maintaining and repairing cranes in
marine terminals.
   (b) A person qualifies as a certified competent conveyance
mechanic under Section 7311.2 if the person has three years' work
experience in the crane maintenance industry, including experience in
the maintenance and repair of crane elevators, as a journey-level
mechanic without direct and immediate supervision. This experience
shall be verified by a crane maintenance company approved as a
certified qualified conveyance company pursuant to subdivision (a).
   (c) The certifications obtained pursuant to this section may only
be used for the limited purposes of maintaining and repairing special
purpose personnel elevators on cranes that utilize a rack and pinion
system in marine terminals.
   (d) A person, firm, or corporation that qualifies for
certification as a certified qualified conveyance company or
certified competent conveyance mechanic is not authorized to perform
any of the following procedures:
   (1) Any work on a conveyance other than a special purpose
personnel elevator on cranes that utilize a rack and pinion system in
marine terminals.
   (2) Any work related to new elevator installations.
   (3) Any modifications or alterations of existing elevator systems.

   (4) Testing or replacing of emergency brakes, centrifugal brakes,
emergency safety devices, or electrical systems.
   (5) Annual certifications of any type of conveyance or elevator.
   (e) The certifications authorized by this section require
experience but do not require an examination because the general
examination given pursuant to this chapter is inapplicable to the
work described in this section. The division is not required to set
up specialty examinations to certify persons pursuant to this
chapter.
   (f) For purposes of this section, the following terms shall have
the following meanings:
   (1) "Special purpose personnel elevators" shall have the same
meaning as defined in Section 3085 of Title 8 of the California Code
of Regulations.
   (2) "Marine terminal" shall have the same meaning as used in
Section 3460 of Title 8 of the California Code of Regulations.
   (g) Nothing in this section exempts a person, firm, or corporation
applying for certification as a certified qualified conveyance
company or a certified competent conveyance mechanic under this
section from paying the administration fees required under this
chapter.