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09.35.01 - Elevator Safety Review Board - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 39, ISSUE 23,
FRIDAY, NOVEMBER 16, 2012

Subtitle 35 ELEVATOR SAFETY REVIEW BOARD

09.35.01 General Regulations

Authority: Public Safety Article, §§12-822.1, 12-823, 12-824, 12-833.1, 12-834, and 12-837, Annotated Code of Maryland

Notice of Proposed Action
[12-309-P]

The Elevator Safety Review Board proposes to repeal existing Regulation .01 and adopt new Regulation .01 under COMAR 09.35.01 General Regulations. This action was considered by the Elevator Safety Review Board at a public meeting held on June 22, 2012, notice of which was given pursuant to State Government Article, §10-506(c)(1), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to set forth and restate, as applicable, application, license, renewal, reinstatement, and verification fees as related to the licensing of elevator mechanics, elevator renovator mechanics, temporary elevator mechanics, elevator contractors, and elevator renovator contractors.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed regulations set forth application and initial and renewal license fees for elevator renovator mechanics and contractors, a license verification fee and a reinstatement fee. Individuals or firms would be required to pay a one-time application fee and, if approved, a licensing fee every 2 years. Renovator categories were not authorized in the original Review Board legislation. The General Assembly authorized a reinstatement process and granted the Board authority to issue and charge for license verifications pursuant to Ch. 49, Acts of 2012. The fees collected would be deposited in the Elevator Safety Review Board Fund and be accounted for in order to offset the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board. Existing fees recodified in this proposal are not covered by this statement.

 
Revenue (R+/R-)
 
II. Types of Economic
Impact.
Expenditure
(E+/E-)
Magnitude

A. On issuing agency:
    Revenue from new fees
R+ Up to $18,000 biennially
 
B. On other State agencies: NONE
 
C. On local governments: NONE
Benefit (+)
Cost (-)
Magnitude

D. On regulated industries or trade groups: (-) Up to $18,000 biennially
E. On other industries or trade groups: NONE
 
F. Direct and indirect effects on public:
    Net public benefit
(+) Indeterminable
 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. No more than 60 individual renovator mechanics, 10 renovator contractors, 50 verifications, and 40 reinstatements to be processed every 2 years.

D. Applicants and licensees will be required to pay the proposed fees for the licenses, reinstatements, and verifications issued by the Board.

F. It is assumed that the licensing fees paid by the mechanic and contractor may be passed through to consumers of elevator contractor services. However such cost would be more than offset because the consumer will benefit from the enforcement of health and safety provisions, the availability of qualified renovator contractors and mechanics, and the regulatory accountability for work performed.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Raquel Meyers, Administrative Secretary, Elevator Safety Review Board, 500 N. Calvert Street, Room 308, Baltimore, MD 21202, or call 410-230-6379, or email to rmeyers@dllr.state.md.us, or fax to 410-333-6314. Comments will be accepted through December 21, 2012. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Elevator Safety Review Board during a public meeting to be held on February 22, 2013, at 10 a.m., at 500 N. Calvert Street, Third Floor, Baltimore, MD 21202.

.01 Fees.
This chapter is intended to set various fees to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Elevator Safety Review Board (the Board). Therefore, the Board hereby sets the following fees:
  A. Nonrefundable application fee for an Elevator Mechanic license, Elevator Contractor license, Elevator Renovator Mechanic license, and Elevator Renovator Contractor license: $25
  B. Initial license fee:
    (1) Elevator Mechanic license and Elevator Renovator Mechanic license: $175
    (2) Elevator Contractor license and Elevator Renovator Contractor license: $275
  C. Renewal license fee:
    (1) Elevator Mechanic license and Elevator Renovator Mechanic license: $200
    (2) Elevator Contractor license and Elevator Renovator Contractor license: $300
  D. License reinstatement fee, payable in addition to any applicable renewal fees: $25
  E. License verification fee: $25
  F. Temporary Elevator Mechanic license:
    (1) $25 for a 30-day initial license; and
    (2) $10 for each 30-day renewal license.

EDWARD M. HORD
Chairman
Elevator Safety Review Board