This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 1301:3-11-01 | Definitions.
Effective:
November 1, 2024
The following definitions apply to all rules in
Chapter 1301:3-11 of the Administrative Code: (A) "Board" means the elevator
safety review board, as created pursuant to section 4785.09 of the Revised
Code. (B) "Disqualifying offense" has
the following meaning: (1) For applicants
seeking to renew an elevator mechanic's license, any offense that is a
felony. (2) For initial
applicants (those not seeking to renew) of an elevator mechanic's license,
any of the following: (a) A violation of section 2903.01 or 2903.02 of the
Revised Code; (b) A "sexually oriented offense" as defined in
section 2950.01 of the Revised Code; (c) An offense that is an "offense of violence"
as defined in section 2901.01 of the Revised Code, if the offense is a felony
of the first or second degree; (d) Complicity in committing an offense described in
paragraph (B)(2)(a) of this rule; (e) An attempt or conspiracy to commit or complicity in
committing any offense described in paragraph (B)(2)(a), (B)(2)(b), (B)(2)(c),
or (B)(2)(d) of this rule if the attempt, conspiracy, or complicity is a felony
of the first or second degree; (f) A violation of any former law of this state, any
existing or former law applicable in a military court or in an Indian tribal
court, or any existing or former law of any nation other than the United States
that is or was substantially equivalent to any offense listed in paragraph
(B)(2)(a), (B)(2)(b), (B)(2)(c), (B)(2)(d), or (B)(2)(e) of this
rule; (g) Forgery (section 2913.31 of the Revised
Code); (h) Trademark counterfeiting (section 2913.34 of the
Revised Code); (i) Fraud (section 2913.40, section 2913.42, section
2913.45, section 2913.47, section 2913.48, or section 2913.49 of the Revised
Code); (j) Receiving stolen property (section 2913.51 of the
Revised Code); (k) Bribery (section 2921.02 of the Revised
Code); (l) Theft in office (section 2921.41 of the Revised
Code); (m) Having an unlawful interest in a public contract
(section 2921.42 of the Revised Code); (n) Engaging in pattern of corrupt activity (section
2923.32 of the Revised Code); (o) Money laundering (division (A) of section 1315.55 of
the Revised Code); and (p) Criminal neglience (section 2901.21). (C) "Division" or
"division of industrial compliance" or "industrial
compliance" means the division of industrial compliance in the Ohio
department of commerce. (D) "Elevator contractor" has
the same meaning as that term is defined in section 4785.01 of the Revised
Code. (E) "Elevator contractor's
license" means a license to operate as an elevator contractor issued by
the division to a business entity under Chapter 4785. of the Revised
Code. (F) "Elevator mechanic's
license" has the same meaning as that term is defined in section 4785.01
of the Revised Code. (G) "Elevator tradesperson"
means any individual who is employed by an elevator contractor and who engages
in erecting, constructing, installing, altering, servicing, repairing,
dismantling, removing, or maintaining a conveyance without assuming
responsibility for the means, method, or manner of that erecting, constructing,
installing, altering, servicing, repairing, dismantling, removing, or
maintaining. (H) "License" means a license
to operate as either an elevator contractor or elevator mechanic issued under
Chapter 4785. of the Revised Code. (I) "Licensee" means a holder
of a license issued by the division pursuant to Chapter 4785. of the Revised
Code. (J) "Limited-scope conveyance
services" means altering, servicing, repairing, or maintaining a
conveyance and both of the following applies: (1) The scope of work is
restricted to a specific part, portion, or area of a conveyance, including the
following: (a) New construction of an elevator hoistway, but does not
include structural alterations of an existing hoistway; or (b) Technical support specialist; and (2) The work described in
paragraph (J)(1) of this rule is the sole type of work offered by the
individual or business entity that is subject to the jurisdiction of Chapter
4785. of the Revised Code. (K) "Nationally recognized training
program for the elevator industry" means a training program requiring no
less than three years to complete that includes on-the-job training, classroom
instruction, or a combination thereof, and provides programing on topics
relevant to conveyance services including technical information regarding
conveyance equipment, safety codes and reference standards applicable to the
operation of conveyances, as well as principles of worker and workplace
safety.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-02 | Scope.
Effective:
November 1, 2024
This chapter of the Administrative Code concerns
procedures applicable to the division of industrial compliance pertaining to
enforcement of Chapter 4785. of the Revised Code and rules promulgated
thereunder. Administrative rules applicable to the elevator safety review
board, created under section 4785.09 of the Revised Code, are found in Chapter
1301:3-12 of the Administrative Code. This chapter of the Administrative Code
should be read in conjunction with Chapter 4785. of the Revised Code and
Chapter 1301:3-12 of the Administrative Code. Where possible, effect should be
given to Chapter 4785. of the Revised Code, this chapter, and Chapter 1301:3-12
of the Administrative Code.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-03 | License required; Exceptions.
Effective:
November 1, 2024
(A) Except as provided in paragraph (B)
of this rule, no individual shall engage in "conveyance services," as
defined in division (A)(7) of section 4785.01 of the Revised Code, in buildings
or structures unless one of the following applies: (1) The individual possesses and elevator mechanic's
license issued in accordance with section 4785.04 of the Revised Code and rules
promulgated thereunder; (2) The individual is an elevator tradesperson and a
license elevator mechanic has responsibility for the means, method, and manner
of the work being performed by the individual; (3) The individual is working pursuant to a contract with a
licensed elevator contractor and a licensed elevator mechanic is physically
present while the individual is performing work pursuant to the contract; or
(4) The individual is an employee of a conveyance
manufacturing company and is servicing, repairing, or maintaining a conveyance
manufactured by the individual's employer. (B) An individual or business entity providing exclusively
a limited-scope conveyance service is not required to obtain a license under
this chapter. (C) No licensed elevator contractor shall permit its
employee(s), withing the scope of employment, to perform conveyance services
without a licensed elevator mechanic having responsibility for the means,
method, and manner of the work being performed by the employee(s).
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-04 | Initial application for elevator contractor's license and elevator mechanic's license.
Effective:
November 1, 2024
(A) In order to obtain an elevator
contractor's license, a business entity shall submit a completed
application to the division of a form designated by the division, as well as
the following: (1) Any fees required by
rule 1301:3-11-07 of the Administrative Code; (2) Documentation of the
approximate number of individuals, if any, to be employed by the applicant, and
if applicable, satisfactory evidence that the employees are or will be covered
by worker's compensation insurance in accordance with section 4785.07 of
the Revised Code; (3) Satisfactory evidence
that the applicant and all employees are, or will be, covered by general
liability, personal injury, and property damage insurance in accordance with
section 4785.07 of the Revised Code; (4) A description of the
criminal convictions and pleas of guilty, if any, of each of the
applicant's employees that hold or are seeking to obtain an elevator
mechanic's license, as verified by a criminal records check;
and (5) Such other
information as the division considers appropriate. (B) In order to obtain an elevator
mechanic's license, an initial applicant shall do either of the
following: (1) If the initial
applicant is seeking to obtain an elevator mechanic's license by passing
an examination administered by the division, or by a testing agency approved by
the division, the initial applicant shall submit a completed application to the
division on a form designated by the division, as well as the
following: (a) Any fees required by rule 1301:3-11-07 of the
Administrative Code; (b) Satisfactory evidence that the applicant has not less
than three years of work experience in the elevator industry, in construction,
maintenance, service, repair, or any combination thereof, as verified by
current and previous employers licensed to do business in this
state; (c) A description of the criminal convictions and pleas of
guilty of the applicant, if any, as verified by a criminal records check;
and (d) Such other information as the division considers
appropriate. (2) Obtain a passing
score on the elevator mechanic's examination in accordance with rule
1301:3-11-06 of the Administrative Code. (3) If the initial applicant is seeking
to obtain an elevator mechanic's license without passing an examination
administered by the division, or by a testing agency approved by the division,
the initial applicant shall submit a completed application to the division on a
form designed by the division, as well as the following: (a) Any fees required by rule 1301:3-11-07 of the
Administrative Code; (b) Evidence demonstrating to the satisfaction of the
division that the applicant meets the qualifications to obtain an elevator
mechanic's license in one of the following ways: (i) A certificate of
completion or other evidence of having successfully passed the mechanic
examination of a nationally recognized training program for the elevator
industry; (ii) A certificate of
completion of an apprenticeship program for elevator mechanics that has
standards substantially equal to those of this chapter and is registered with
the bureau of apprenticeship and training, United States department of labor,
or a state apprenticeship council; (iii) Evidence
demonstrating that the initial applicant is license as an elevator mechanic in
a state having standards substantially equal to those of this chapter; or
(iv) Acceptable proof
that the applicant has worked as an elevator construction, maintenance, or
repair person, consisting of having worked without direct and immediate
supervision for an elevator contractor authorized to do business in this state
for a period of not less than three years immediately prior to the effective
date of section 4785.04 of the Revised Code, as provided in division (D)(2) of
section 4785.04 of the Revised Code. An applicant seeking to establish
qualifications as provided in this paragraph shall apply within one year of the
effective date of this rule. (c) A description of the criminal convictions and pleas of
guilty of the applicant, if any, as verified by a criminal records check; and
(d) Such other information as the division considers
appropriate. (C) Upon receipt of an application
submitted in accordance with this rule, the division shall notify the applicant
if any additional information or records are needed to properly evaluate the
applicant's qualification for licensure as an elevator contractor or
elevator mechanic. Upon that determination, the division may request the
applicant provide additional information in a manner the division deems
appropriate.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-05 | Elevator contractor's and mechanic's license application review process; Disqualifying offenses.
Effective:
November 1, 2024
(A) Upon approval of the applicant's
qualifications, the division shall notify the applicant it has been approved to
obtain an elevator contractor's license pending receipt of proof of
insurance coverage as required by section 4785.07 of the Revised Code, if proof
of coverage has not yet been provided by the applicant. (B) (1) Upon approval of the applicant's qualifications,
the division shall notify the applicant in writing that the applicant has been
approved either to take the mechanic's examination, if the application
was submitted under paragraph (B)(1) of rule 1301:3-11-04 of the Administrative
Code, or to obtain an elevator mechanic's license, if the application was
submitted under paragraph (B)(2) of rule 1301:3-11-04 of the Administrative
Code, pending the receipt of an acceptable criminal records check. The notice
shall instruct the applicant on how to submit to a criminal records check, if
such a check is required, as set forth in Chapter 4776. of the Revised Code and
this chapter (2) Upon receipt of the criminal records
check, the division shall determine whether the applicant has been convicted
of, had a judicial finding of, or pleaded guilty to a disqualifying offense, as
that term is defined in rule 1301:3-11-01 of the Administrative
Code. (3) Upon the receipt of an acceptable
criminal records check, the division shall notify the applicant in writing of
either of the following: (a) If the application was submitted under paragraph (B)(1)
of rule 1301:3-11-04 of the Administrative Code, that the applicant has been
approved to take the elevator mechanic's examination, as provided for in
rule 1301:3-11-06 of the Administrative Code. The notification shall include a
schedule of test dates and information pertaining to the third party authorized
to administer the test, if any. The notification shall be sent to the applicant
in such a manner that the applicant will receive the notification within a
reasonable time prior to the scheduled date of the examination. (b) If the application was submitted under paragraph (B)(2)
of rule 1310:3-11-04 of the Administrative Code, that the applicant has been
approved to obtain an elevator mechanic's license.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-06 | Elevator mechanic's examination.
Effective:
November 1, 2024
(A) The division, or the division's
designee(s), shall schedule the examination for individuals seeking an elevator
mechanic's license who have been approved to take the examination. The
examination shall be scheduled at least four times a year. The examinations may
be held at locations approved by the superintendent of the division of
industrial compliance or the superintendent's designee(s). (B) Prior to the examination, each applicant will be given
printed instructions pertaining to the examination. Failure to comply with
those instructions may be cause for expulsion from the examination. Applicants
shall not be permitted to communicate with other applicants during the
examination. (C) An applicant that has attained a score of seventy per
cent or higher on the examination shall be deemed to have satisfactorily passed
the examination. (D) Within a reasonable amount of time following completion
and scoring of the examination, each individual taking the examination shall be
notified whether he or she has passed or failed the examination. (E) An applicant that fails to pass the examination may
retake the examination upon payment of the appropriate fee, if any. The
approval to take the examination shall automatically expire without the taking
of any action by the superintendent one calendar year from the date of receipt
of a completed criminal records check.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-07 | Fees for elevator contractor's license and elevator mechanic's license.
Effective:
November 1, 2024
(A) The fees for applications for
examination, issuance of licenses, and biennial renewal of licenses are as
follows: (1) One hundred dollars for application for examination and
for reexamination, if the examination is administered by the division of
industrial compliance; (2) One thousand dollars for issuance of an elevator
contractor's license; (3) Two hundred fifty dollars for issuance of an elevator
mechanic's license; (4) One thousand dollars for the renewal of an elevator
contractor's license; (5) Two hundred fifty dollars for the renewal of an
elevator mechanic's license; (6) Two hundred fifty dollars for issuance of a temporary
elevator mechanic's license; (7) Two hundred fifty dollars for the renewal of a
temporary elevator mechanic's license; (8) A late fee of not more than two hundred fifty dollars
will be assessed when a license is not timely renewed under rule 1301:3-11-09
of the Administrative Code; and (9) A penalty fee of thirty dollars will be assessed for
any check or other draft instrument used to pay any fee required by Chapter
4785. of the Revised Code, and rules adopted thereunder, that is returned to
the division as unpaid. (B) Except as provided in paragraph (C) of this rule, each
fee described in paragraph (A) of this rule is nonrefundable and payable to the
Ohio department of commerce, division of industrial compliance, or its
designee. (C) The examination and reexamination fee charged to an
examinee by a testing agency approved by the division under rule 1301:3-11-10
of the Administrative Code shall be set at the amount proposed by the testing
agency under paragraph (A)(1)(e) of that rule and shall be collected by the
testing agency administering the examination. Approval from the division must
be obtained prior to this fee being increased.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-08 | Denial of initial application or renewal application for elevator contractor's or elevator mechanic's license.
Effective:
November 1, 2024
(A) The superintendent may direct the
division to deny an initial application for elevator contractor's or
elevator mechanic's license or refuse to renew a license issued in
accordance with Chapter 4785. of the Revised Code upon a finding that the
applicant or licensee has done any of the following: (1) Been convicted of a
"disqualifying offense," as that term is defined in paragraph (B) of
rule 1301:3-11-01 of the Administrative Code, and the division determines that
the license should be denied using the process described in section 9.79 of the
Revised Code; (2) Violated any
provision of Chapter 4105. or 4785. of the Revised Code; (3) Violated any rule
adopted pursuant to Chapter 4105. or 4785. of the Revised Code; (4) Failed to meet the
requirements for obtaining or renewing a license under Chapter 4785. of the
Revised Code or rules promulgated thereunder; (5) Obtained or attempted
to obtain a license pursuant to Chapter 4785. of the Revised Code by means of
fraud, deception, or misrepresentation; (6) Obtained an order,
ruling, or authorization from the division of industrial compliance by means of
fraud, deception, or misrepresentation; or (7) Engaged in fraud,
misrepresentation, or deception in the conduct of business. (B) A party adversely affected by an
adjudication order issued pursuant to this rule shall have a right of appeal
pursuant to section 119.12 of the Revised Code.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-09 | Renewal of elevator contractor's license and elevator mechanic's license.
Effective:
November 1, 2024
(A) At least ninety days prior to the
expiration of an elevator contractor's or elevator mechanic's
license, the division shall provide or make available an application to each
holder of a license issued pursuant to Chapter 4785. of the Revised Code. The
application shall be on a form and in a format prescribed by the
division. (B) Upon receipt of a completed application and submission
of any applicable fee(s) as required by rule 1301:3-11-07 of the Administrative
Code, the division shall renew a license if the holder demonstrates that the
licensee continues to meet the qualifications set forth in sections 4785.04 and
4785.041 of the Revised Code, and the licensee meets all of the following
renewal requirements: (1) For elevator contractors: submits proof that the
licensee is in compliance with the insurance requirements prescribed in section
4785.07 of the Revised Code. (2) For elevator mechanics: (a) Certifies the
licensee has not been convicted of, had a judicial finding of, or pleaded
guilty to a disqualifying offense as defined in rule 1301:3-11-01 of the
Administrative Code since obtaining the license or renewal or provides
documentation of the offense if a certification cannot be provided in
accordance with this rule. (b) Submits evidence that
the licensee has satisfied all continuing education requirements as set forth
in Chapter 4785. of the Revised Code and rules promulgated
thereunder. (C) If the licensee fails to timely meet the renewal
requirements, the license shall automatically be suspended without the taking
of any action by the division. A suspended license may be reactivated upon
application within one calendar year from the expiration date of the license
and approval of the division, provided that the renewal fee plus a late fee is
submitted by the renewal applicant.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-10 | Testing agency approval; Continuing education and training provider approval.
Effective:
November 1, 2024
(A) (1) In order to obtain approval to administer the elevator
mechanic's examination, as required by division (D)(1)(b) of section
4785.04 of the Revised Code, a testing agency shall apply to the division on a
form prescribed and furnished by the division. The testing agency shall provide
the following information to the division on the application form prescribed by
the division: (a) Name, address, email
address, and telephone number of the testing agency; (b) Name, address, email
address, and telephone number of the owner(s) of the testing
agency; (c) The testing
agency's experience in administering examinations, including years of
operation and types of examinations the testing agency has
administered; (d) Procedures the
testing agency will utilize to administer the examination, including procedures
to monitor examinees during the examination; (e) The amount of the
examination and reexamination fee the testing agency will charge to an examinee
to sit for the examination and reexamination; and (f) Any other information
the division may reasonably require. (2) Approval as a testing agency under
paragraph (A) of this rule shall expire five years after the date the division
approved the testing agency. (B) (1) In order to obtain approval to provide continuing
education programming, as required by section 4785.041 of the Revised Code, a
continuing education provider shall apply to the division on a form prescribed
and furnished by the division. The continuing education provider shall provide
the following information to the division on the application form prescribed by
the division: (a) Name, address, email
address, and telephone number of the continuing education
provider; (b) Name, address, email
address, and telephone number of the owner(s) of the continuing education
provider; (c) A list of instructors
that will conduct the continuing education program on behalf of the provider,
including an explanation of how the instructors are qualified to conduct the
continuing education program; (d) An agenda for each
continuing education course offered by the provider; (e) An agreement to
attend an annual meeting held by the division, at the division's request;
and (f) Any other information
the division may reasonably require. (2) Approval as a continuing education provider under
paragraph (B)(1) of this rule shall expire two years after the date the
division approved the continuing education provider.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-11 | Continuing education; Credits; Temporary continuing education waiver; inactive status.
Effective:
November 1, 2024
(A) Continuing education: (1) An approved continuing education provider shall provide
to the division a roster of all individuals holding a license issued pursuant
to Chapter 4785. of the Revised Code that attended a continuing education
course as well as a copy of the agenda of the education course provided. The
roster must be submitted within fourteen calendar days of the date of
completion of the course or program of instruction. The roster shall be
provided to the division on a form prescribed by the division or via any other
means of electronic transmission that the division deems appropriate. The
roster shall contain any information the division deems appropriate. The
continuing education provider shall maintain a copy of every roster for a
period of three years after each course is held. Failure to properly report may
result in disapproval or non-renewal of a continuing education provider's
approval. (2) Upon request of the division, training materials and
handouts provided to attendants of continuing education courses shall be made
available to the division for inspection. (B) Credits: Only time of actual instruction counts toward
a credit hour. Thirty minutes of instruction equals one-half hour of continuing
education credit. Credit is not awarded for breaks. (C) Temporary continuing education waiver: An application
for a temporary continuing education waiver must be submitted prior to
expiration of the applicant's elevator mechanic's license. An
extension may be permitted at the division's discretion in extenuating
circumstances, but under no circumstances may a temporary continuing education
waiver be issued to a licensee more than one year after his or her license has
expired. (D)
Inactive status: (1) A holder of a license that has been placed into
inactive status is prohibited from performing any conveyance services subject
to the jurisdiction of Chapter 4785. of the Revised Code and rules promulgated
thereunder. Engaging in conveyance services while a license remains in inactive
status shall be grounds for discipline, including up to revocation of the
license. (2) A holder of a license that has been placed into
inactive status shall submit to the division a certified statement on a form
prescribed by the division attesting to the termination of the temporary
disability within thirty calendar days of the date the temporary disability has
been terminated. A waiver sticker, valid for ninety days, will then be provided
to the licensee and affixed to the license. During this ninety-day period, the
licensee shall comply with the continuing education requirements for renewal of
the license, or prior to the expiration of the license, whichever is later.
Failure to meet the continuing education requirements during this ninety-day
period shall result in the license being suspended with no action needing to be
taken by the division.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-12 | Monitoring of inspections and testing.
Effective:
November 1, 2024
At the division's request, a licensed elevator
contractor or licensed elevator mechanic shall notify the division when the
licensee will be performing a safety test of a conveyance subject to Chapters
4105. and 4785. of the Revised Code. The division may request notice as to a
specific licensee, specific type of conveyance, specific location as to where a
safety test will be performed, or any combination thereof. The notice provided
by the licensee shall inform the division of the time, place, and type of
safety test(s) that the licensee intends to perform and shall be given in such
a manner so as to permit the division to monitor the test as it is being
performed. Failure to provide notice of a safety test as required by this rule
may result in the division deeming the safety test invalid and requiring the
safety test to be performed again.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-13 | State of emergency declaration; Emergency elevator mechanic's license.
Effective:
November 1, 2024
(A) After the superintendent has declared
a state of emergency in accordance with section 4785.05 of the Revised Code, an
individual seeking an emergency elevator mechanic's license shall submit
an application for such a license on a form prescribed by the division. The
applicant shall supply the following information with the form provided by the
division: (1) Name, address, phone
number, and email address of the applicant; (2) Name, address, phone
number, and email address of the licensed elevator contractor that has found
the applicant to have an acceptable combination of documented experience and
education to perform conveyance services without direct and immediate
supervision, as required by division (B) of section 4785.05 of the Revised
Code; (3) A statement of the
applicant's education, training, and experience qualifying him or her to
obtain an emergency elevator mechanic's license; and (4) Any additional
information the division may reasonably require. (B) Upon receipt of an application
submitted in accordance with paragraph (A) of this rule, the division shall
make a determination as to whether an emergency elevator mechanic's
license should be issued to the applicant. In making this determination, the
division may consider the following factors: (1) The nature of the
emergency, including the following: (a) The severity of the emergency; (b) The geographical area affected by the
emergency; (c) The length of time the emergency is likely to persist;
and (d) The approximate number of conveyances subject to the
jurisdiction of Chapter 4785. of the Revised Code likely to be affected by the
emergency. (2) The applicant's
qualifications for obtaining an emergency elevator mechanic's license,
including the following: (a) The applicant's education and training
experience; (b) The applicant's experience in performing
conveyance services; and (c) Any other experience the applicant may possess relevant
to the performance of conveyance services. (3) The availability of
licensed elevator contractors and elevator mechanics to provide conveyance
services in the area subject to the emergency; and (4) Any other information
the division deems relevant to the determination. (C) Upon a favorable finding, the
division shall issue an emergency elevator mechanic's license to the
applicant. At the time the license is issued, the division shall provide notice
to the emergency elevator mechanic licensee of all restrictions placed on the
emergency license, if any, including geographical area and particular
conveyance(s) upon which the licensee is authorized to perform conveyance
services under the emergency license. (D) Within ten days of the expiration of
an emergency elevator mechanic's license, a renewal application may be
submitted by the holder of the license. The division shall consider a renewal
application in the same manner as an initial application as provided in
paragraph (B) of this rule.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-14 | Licensee shortage; Temporary elevator mechanic's license.
Effective:
November 1, 2024
(A) An elevator contractor shall notify
the division of industrial compliance within the department of commerce when
there are no licensed elevator mechanics available to provide conveyance
services by submitting notice of a licensee shortage on a form prescribed and
provided by the division, as well as the following: (1) A brief description
of the nature of the licensee shortage that the elevator contractor has
observed; and (2) A brief description
of the steps the elevator contractor has undertaken, if any, to find licensed
elevator mechanics to fill the purported shortage. (B) After an elevator contractor has
submitted notice of a licensee shortage in accordance with paragraph (A) of
this rule, an elevator contractor may submit an elevator mechanic certification
to the division on a form prescribed and provided by the division. The elevator
contractor shall provide the following information to the division on the
certification form: (1) Name, address, email
address, and telephone number of the elevator contractor; (2) Name, address, email
address, and telephone number of the individual on behalf of whom the elevator
contractor is providing the certification form; (3) A brief description
of the experience and education of the individual on behalf of whom the
elevator contractor is providing the certification that demonstrates the
individual is qualified to provide conveyance services without direct and
immediate supervision; and (4) A statement that the
elevator contractor plans to employ the individual the elevator contractor is
providing the certification form on behalf of if the individual is issued a
temporary elevator mechanic's license. (C) Any individual certified by an
elevator contractor in accordance with paragraph (B) of this rule may submit an
application for a temporary elevator mechanic's license to the division on
a form prescribed and provided by the division. The applicant shall provide the
following information to the division on the application form: (1) Name, address, email
address, and telephone number of the applicant; (2) A brief description
of the applicant's experience and education relevant to the
individual's qualifications to provide conveyance services; (3) The application fee
required under rule 1301:3-11-07 of the Administrative Code; and (4) Any additional
information the division may reasonably require. (D) Upon receipt of an application
submitted in accordance with paragraph (C) of this rule, the division shall
make a determination as to whether the applicant is qualified to obtain a
temporary elevator mechanic's license. Upon a favorable finding, the
division shall issue a temporary elevator mechanic's license to the
applicant that includes a notation of the term the temporary license will be
valid. (E) (1) Within thirty days of the expiration of a temporary
elevator mechanic's license, the holder of a temporary license may submit
a renewal application on a form prescribed and provided by the division, as
well as the following: (a) Evidence
demonstrating that the holder of the temporary elevator mechanic's license
is still employed with the elevator contractor that certified the individual as
being qualified; (b) A certification by
the elevator contractor that the licensee shortage has not been
alleviated; (c) The renewal fee
required under rule 1301:3-11-07 of the Administrative Code; and (d) Any additional
information the division may reasonably require. (2) A temporary elevator mechanic's
license issued in accordance with this rule remains effective during the period
a renewal application is being reviewed by the division. (3) Upon a favorable finding, the
division shall issue a renewal of a temporary elevator mechanic's license
that includes a notation of the term that the renewal of the temporary license
will be valid. (F) A temporary elevator mechanic's
license issued in accordance with this rule shall expire immediately, with no
action needing to be taken by the division, upon the termination of the
employment relationship between the temporary licensee and the licensed
elevator contractor that certified the individual as being
qualified.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-15 | Elevator contractor insurance requirements; Notice of updated insurance policy.
Effective:
November 1, 2024
(A) All business entities holding an
elevator contractor's license pursuant to Chapter 4785. of the Revised
Code shall maintain contractor's liability insurance in accordance with
section 4785.07 of the Revised Code. The contactor's liability insurance
shall be in the name of the business entity. The business entity must be
registered with the Ohio secretary of state to do business in
Ohio. (B) An initial application for an
elevator contractor's license may be conditionally approved pending
receipt of proof of insurance in accordance with section 4785.07 of the Revised
Code. Upon receipt of proof of insurance, an initial elevator contractor's
license will be issued. (C) No less than ten days before a
material alteration or cancellation of an insurance policy required by section
4785.07 of the Revised Code will take effect, notice of the change shall be
provided to the division on a form prescribed and provided by the
division.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-16 | Death of licensed elevator mechanic.
Effective:
November 1, 2024
(A) Except as otherwise provided in this
section, a licensed elevator contractor shall have at least one licensed
elevator mechanic in its employ in order to provide conveyance services under
Chapter 4785. of the Revised Code. (B) An elevator mechanic's license
terminates upon the death of the licensee. A licensed elevator contractor shall
provide notice to the division of the death of a licensed elevator mechanic if
the deceased is the only licensed elevator mechanic employed by the
contractor. (C) Notwithstanding paragraph (A) of this
rule, a licensed elevator contractor may continue to provide conveyance
services for sixty days following the death of a licensed elevator mechanic
employed by the contractor, if the deceased was the only licensed elevator
mechanic employed by the elevator contractor at the time of the elevator
mechanic's death.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-17 | Elevator safety review board referral; Investigations.
Effective:
November 1, 2024
(A) Upon receipt of a complaint that a
violation of Chapter 4785. of the Revised Code or rules promulgated thereunder
has been committed, the division of industrial compliance shall refer the
matter to the elevator safety review board for investigation under section
4785.092 of the Revised Code. (B) In addition to referring a complaint
to the elevator safety review board, the division may independently investigate
an alleged violation of Chapter 4785. of the Revised Code or rules promulgated
thereunder to the extent relevant to renewal of an elevator mechanic's or
elevator contractor's license, as provided in division (F) of section
4785.041 of the Revised Code.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-18 | Temporary licenses for members of the military and their spouses.
Effective:
November 1, 2024
As provided in section 4743.041 of the Revised
Code, temporary licenses shall be issued in accordance with Chapter 1301:3-9 of
the Administrative Code.
Last updated November 2, 2024 at 12:57 AM
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Rule 1301:3-11-19 | License issued to out-of-state applicants pursuant to sections 4796.03 through 4796.05 of the Revised Code.
Effective:
November 1, 2024
A license under sections 4796.03 to 4796.05 of the
Revised Code shall be issued in accordance with the plan established by the
superintendent of the division of industrial compliance in Chapter 1301:3-10 of
the Administrative Code.
Last updated November 2, 2024 at 12:57 AM
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