Bill > S1295

This bill amends existing Massachusetts General Laws concerning unsafe elevators by requiring that any elevator licensed under this chapter must have a valid inspection certificate to operate, and an elevator is considered in operation unless it has been officially taken out of service or decommissioned according to approved procedures. If an inspection certificate expires, a new one cannot be issued until a new inspection is completed by a qualified state inspector, and the elevator cannot be operated until this new certificate is issued. Owners or operators who fail to comply face a daily fine of $100 for each day an elevator operates without a valid certificate, with fines starting when the elevator is deemed unsafe and stopping when the owner or operator requests an inspection in writing or as otherwise prescribed by the department. For elevators in single-family owner-occupied residences, the maximum fine is $5,000, while for all other units, the maximum fine is $20,000. The bill also allows for written notices of violation and authorizes the commissioner to charge back state agencies or entities for violations. Additionally, it removes a paragraph from the existing law and inserts a new provision allowing the commissioner to assess a fee for appeals, to be determined annually. Finally, upon applying for an annual inspection, owners must provide the department with a current mailing address for the elevator's location.