SSB 3152

The bill specifies the criteria for the voting members and provides for three nonvoting, ex officio members of the board. The bill provides for selection of a chairperson and vice chairperson, authority to call a meeting, and quorum requirements. The bill provides that the board shall have such duties as provided by law and shall adopt rules necessary to administer the duties of the board.2 creates the contractor and installation fund. The fund shall consist of moneys deposited in the fund and moneys in the fund are appropriated and shall be used by the contractor and installation board to pay the actual costs and expenses necessary to operate the board and to perform the duties of the board. The division of the bill takes effect July 1, 2021. DIVISION II —— BOARD DUTY CONSOLIDATION —— CONFORMING CHANGES. This division eliminates the boiler and pressure vessel board, the elevator safety board, the fire extinguishing system contractors and alarm system advisory board, the electrical examining board, the state building code board of review, the state building code advisory council, and the plumbing and mechanical systems board. The bill then transfers duties and responsibilities from the eliminated boards and councils to the new board established by division I of the bill, the contractor and installation board. _____ pressure vessels, is amended by repealing the boiler and pressure vessel board and transferring duties performed by that board to the contractor and installation board created by the bill.9, concerning fees, is amended to provide that all fees provided for in Code chapter and collected shall be deposited in the new contractor and installation fund created in the bill.14, establishing the boiler and pressure vessel board and providing for its duties, is stricken and rewritten. The bill provides that the duties of the boiler and pressure vessel board are to be performed by the contractor and installation board and provides that action by the new board relative to a notice of defect or inspection report constitutes final agency action. Code chapter 89A, concerning elevators, is amended by repealing the elevator safety board and transferring duties performed by that board to the contractor and installation board created by the bill.13, creating the elevator safety board, is stricken and rewritten to provide that the duties of the elevator safety board shall be performed by the new contractor and installation board. In addition, the bill provides that action by the new board constitutes final agency action.19, creating the elevator safety fund, is amended by striking the fund and providing that all fees collected pursuant to Code chapter 89A shall be deposited in the contractor and installation fund created in the bill. Code chapters 100C and 100D, concerning fire extinguishing and alarm systems contractors and fire protection system installation, are amended by repealing the fire extinguishing system contractors and alarm systems advisory board and transferring duties performed by that board to the contractor and installation board created by the bill. _____ and installers. Code chapter 103, concerning electricians and electrical contractors, is amended by repealing the electrical examining board and transferring duties performed by that board to the contractor and installation board created by the bill.7, creating the electrician and installer licensing and inspection fund, is amended by striking the fund and provides instead that all licensing, examination, renewal, and inspection fees collected pursuant to Code chapter 103 shall be deposited in the contractor and installation fund created in the bill. Code chapter 103A, concerning the state building code, is amended by repealing the state building code board of review and the state building code advisory council. The bill transfers the duties of the state building code board of review to the new contractor and installation board created in the bill. Provisions requiring state building code advisory council approval of actions by the state building code commissioner or the repealed state building code board of review are stricken. Code chapter 105, concerning plumbers, mechanical professionals, and contractors, is amended by repealing the plumbing and mechanical systems board and transferring duties performed by that board to the contractor and installation board created by the bill.3, establishing the plumbing and mechanical systems board, is stricken and rewritten to allow the new contractor and installation board to maintain memberships in certain plumbing-related national organizations. The division of the bill takes effect January 1, 2022. DIVISION III —— ELEVATOR REGULATION. This division concerns elevator regulation. _____ permit holder for the conveyance may submit a report regarding the maintenance or repair to the labor commissioner. The bill requires the labor commissioner to accept the report as satisfying the applicable requirements of Code chapter 89A in lieu of additional inspection. The bill provides that the commissioner shall only authorize an additional inspection of the conveyance outside of the statutory inspection schedule if serious, major safety concerns were identified in the previous inspection. The bill provides that the report shall be submitted after the repair or maintenance is completed and within the time provided by rule, but not to exceed days. The bill prohibits the elevator safety board from charging a fee to submit such a report. The bill includes additional requirements for a conveyance operated in a building or structure that is three stories or less and is owned or operated by a nonprofit organization or by a church or house of worship. The bill provides that such conveyances shall be inspected no more frequently than every three years. The bill provides that an operating permit for such a conveyance shall be valid for three years. The bill prohibits the elevator safety board from charging an inspection fee for such a conveyance, but authorizes the elevator safety board to charge an operating permit fee for such a conveyance of no more than $100 per three-year period. Under current law, such conveyances are subject to annual inspections and require annual operating permits, unless different intervals are established by rule, and inspection and operating permit fees are determined by the elevator safety board by rule. Current law defines a “conveyance” as an elevator, dumbwaiter, escalator, moving walk, lift, or inclined or vertical wheelchair lift subject to regulation under Code chapter 89A, including hoistways, rails, guides, and all other related mechanical and electrical equipment. DIVISION IV —— PRIVATE INVESTIGATIVE AGENCIES. _____ division concerns the regulation of private investigative agencies. The bill amends the definition of “private security business” to provide that it does not include a business for debt collection. DIVISION V —— ENERGY CONSERVATION REQUIREMENTS. This division concerns energy efficiency requirements adopted as part of the state building code.10 is amended to provide that energy conservation requirements for home construction adopted by the state building code commissioner and approved by the state building code advisory council on or after January 1, 2020, shall be cost-effective. The bill defines “cost-effective” to include a comparison of the economic benefits and costs of the proposed requirements based on several considerations, including the perspective of a typical first-time home buyer, the benefits and costs over a seven-year time period, the ability of a home buyer to purchase the home after the additional cost of the energy-saving construction features, and a determination that principal, interest, taxes, insurance, and utilities costs will not be greater after the inclusion of the proposed cost of the additional energy-saving construction features required by the proposed energy conservation requirements than under previously existing energy conservation requirements. The division of the bill takes effect upon enactment and applies retroactively to January 1, 2020. DIVISION VI —— BUILDING CONTRACTOR BOARDS CONSOLIDATION —— TRANSITION PROVISIONS. This division provides transition provisions relative to the requirements of the bill. The bill requires the division of labor services of the department of workforce development to conduct a study concerning the consolidation of boards as provided by the bill. _____ written report, including its findings and recommendations for legislative action, to the general assembly by January 1, 2021. The bill also provides that any rule, regulation, form, order, or directive promulgated by any board or council mentioned in the bill, including any board or council abolished, merged, or altered, and in effect on January 1, 2022, shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the appropriate board under the duties and powers of boards as established in the bill. The bill also provides that any license or permit issued by any board or council mentioned in the bill and in effect on January 1, 2022, shall continue in full force and effect until expiration or renewal. The bill provides that moneys in any fund repealed by the bill are deposited in the new contractor and installation fund created in the bill and further provides that any administrative hearing, court proceeding, cause of action, or statute of limitation concerning an action relating to any board or council abolished, merged, or altered by the bill and pending or applicable on January 1, 2022, shall not be affected by the bill. The division of the bill takes effect July 1, 2020.