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09.35.02 - Elevator Safety Review Board - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 47, ISSUE 1,
FRIDAY, JANUARY 3, 2020

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 25 ELEVATOR SAFETY REVIEW BOARD

09.35.05 Qualifications

Authority: Public Safety Article §§12-823(4) and 12-837(a)(7), Annotated Code of Maryland; Ch. 5, §2, Acts of 2003

Notice of Final Action
[19-121-F]

On October 25, 2019, the Elevator Safety Review Board adopted new Regulations .04—.06 under COMAR 09.35.02 Qualifications. This action, which was proposed for adoption in 46:13 Md. R. 598—599 (June 21, 2019), has been adopted as proposed.

Effective Date: January 13, 2020.

ED M. HORD
Chairman

.04 Application for a Temporary Elevator Mechanic License.
  A. A temporary elevator mechanic license may be issued by the Board upon receipt of the following:
    (1) An application on a form provided by the Board from a licensed elevator contractor that includes:
      (a) A statement from a licensed elevator contractor that a licensed elevator mechanic is not available to perform construction, maintenance, or service and repair of elevators due to a labor shortage; and
      (b) A certification by the licensed elevator contractor that the individual to receive the temporary license possesses sufficient documented education and experience to perform as an elevator mechanic without direct and immediate supervision;
    (2) An application on a form provided by the Board from an applicant seeking a temporary mechanic license; and
    (3) A nonrefundable temporary mechanic license fee as established under COMAR 09.35.01.01.
  B. A temporary elevator mechanic license is valid for 30 days from the date of issuance.
  C. The Board may deny a request from a licensed elevator contractor who does not hold a license in good standing or who is the subject of an active or pending complaint.

.05 Qualifications for a Temporary Elevator Mechanic License.
  A. The following individuals may be considered for a temporary elevator mechanic license:
  (1) An individual who has a minimum of 3 years of acceptable work experience in the elevator industry performing construction, maintenance, service, or repair of elevators and is a second year apprentice enrolled in an approved apprenticeship and training program;
    (2) An individual who has a minimum of 5 years of acceptable work experience in the elevator industry performing construction, maintenance, service, or repair of elevators under a licensed elevator mechanic; and
    (3) An individual who has a minimum of 3 years of acceptable work experience in the elevator industry performing construction, maintenance, service, or repair of elevators and holds a license in good standing with no violations in any other state.
  B. All qualifying education and experience shall be documented by the licensed elevator contractor on an application provided by the Board.
  C. Out-of-State individuals shall submit a letter of good standing from the state of licensure in addition to the required application.

.06 Renewal of Temporary Elevator Mechanic License.
  A. The Board may renew a temporary elevator mechanic license for additional 30 day periods as long as a licensed elevator mechanic is unavailable and the holder of the temporary license remains an employee of the certifying licensed elevator contractor.
  B. To renew the temporary elevator mechanic license, the licensed elevator contractor shall submit the following:
    (1) A written notification to the Board that a shortage of license elevator mechanics continues;
    (2) A completed renewal application on a form the Board provides; and
    (3) A nonrefundable renewal fee pursuant to COMAR 09.35.01.01.
  C. The Board may refuse to renew the temporary license of a temporary licensee if the Board determines that the individual has had an adequate opportunity to obtain licensure under Public Safety Article, §12-827, Annotated Code of Maryland.