• e-mail: [email protected] minutes · 2019-08-20 · 1677 county route 64 • p.o. box...

National Elevator Industry, Inc. GOVERNMENT AFFAIRS OFFICE 5537 SW Urish Road • Topeka, Kansas 66610 • Office: 785.286.7599 • Cell: 785.580.5070 • Fax: 585.302.0841

www.neii.org • e-mail: [email protected]

NEII ASSOCIATION HEADQUARTERS 1677 County Route 64 • P.O. Box 838 • Salem, New York 12865-0838 • Phone: 518.854.3100 • Fax: 518-854-3257

NEII and NEII logo – Registered, U.S. Patent and Trademark Office

MINUTES

NEII GOVERNMENT AFFAIRS COMMITTEE and CENTRAL CODE COMMITTEE

Meeting January 31, 2012

1. Call to Order – John Karnash called the meeting to order at 8:39 a.m., PT. 2. Record of Attendance.

Name Company John Karnash Jesse Matuson

Schindler Elevator Corp ThyssenKrupp Elevator Corp

Dennis Mayer Otis Elevator Company Betsy Ceriello Peggy Webbe Kurt Stepaniak

Otis Elevator Company (via teleconference) Otis Elevator Company (via teleconference) KONE, Inc.

Khanh Josephson KONE, Inc. Sandeep Kumar KONE, Inc. (via teleconference) Lou Bialy David McColl

Otis Elevator Company Otis Elevator Company

Andy Juhasz Phillip Hampton

KONE, Inc. ThyssenKrupp Elevator Corp

Vincent Robibero Joseph Busse

Schindler Elevator Corp Fujitech

Amy Blankenbiller NEII® Government Affairs Consultant Brian Black NEII® Codes Consultant Guests David Holliman Greg Bennett Jim Meyer

Company Otis Elevator Company Otis Elevator Company Meyer Consulting

3. Announcements. Dennis Mayer introduced his guests to the committee.

GAC/CCC minutes January 31, 2012 of 6



4. Adoption of Agenda. The committee adopted the agenda as posted on the website. 5. Approval of Minutes. The minutes from the July 26, 2011 GAC/CCC meeting in Farmington, CT were adopted. 6. Personnel. Committee members were asked to review the Government Affairs Committee (Attachment 1) and Central Code Committee (Attachment 2) rosters and advise Amy or Brian of any corrections needed. 7. NEII Government Affairs Committee Legislative Assignments. The committee was asked to review the GAC Legislative Assignments document on the website at

http://www.neii.org/members/committees/25/index.cfm and advise Amy of any necessary corrections.

(a) The committee reviewed the NEII® State Activity Chart. (Attachment 3)

8. KONE Inc. Legislative Monitoring Assignments. (a) Alabama. No update at this time. (b) Colorado. No update at this time. (c) Illinois – Working on the extension of the Elevator Act, which is set to expire in 2013. Key issues include: better definition of Board members and Chair; decreasing deadline for door restrictors; State to provide longer list of inspectors; and, reintroduction of A17.3 in its entirety. Related to Board Chair, the working group is trying to figure out how to establish a system so that the union rep is not the Chair in perpetuity. Khanh will bring back suggestions to the GAC in Feb. (d) Chicago – On code side, the recent accident has raised concerns over delayed implementation of A17.3. Andy Juhasz asked the code folks to research their jurisdictions to see which ones may have delayed adoption and/or implementation of A17.3. (e) Maine No update at this time. (f) Montana. No update at this time. (g) Nebraska – Several bills held over from last year, as well as a new bill introduced to move the elevator inspections under the state Fire Marshall. There is also a “Buy America” bill pending. NEII® had discussed this issue previously, but there is no official position. The committee members did want to add the issue to the Stateside tracking list and should probably be raised to the Board again. (h) New Mexico – Amy went to Santa Fe to join the EIWPF in meetings with the State related to the MEL. No bill will be introduced in 2012. This effort is laying the groundwork to develop a bill for 2013. (i) North Dakota. No update at this time. (j) South Dakota. No update at this time. (j) Tennessee – The bill that NEII®, EIWPF and the state Elevator Inspector developed has been reintroduced in both the House and Senate with original sponsors form both parties. NEII® will continue to assist in efforts to pass this bill there. (k) Wyoming. No update at this time.

http://www.neii.org/members/committees/25/index.cfm




9. Schindler Elevator Corp. Legislative Monitoring Assignments. (a) California – NEII® sent a letter in response to the CA Circular E-11-01 (Attachment 4). The committee held a broader discussion about the history of these documents and CA’s use of them to circumvent the regulatory process. Amy will talk with the Leacox brothers about how best to attack the process of circular letters and will convene a working group to determine the NEII® course of action. In addition, Amy will discuss other tactics and strategies in CA that might position NEII® to have more input into policy decisions. (b) Delaware. No update at this time. (c) Florida – The code updates, including A17.7, go into effect 3/15/12. There is also a new efforts relative to fines for work on equipment without a permit. John will provide additional information to the committee when available. (d) Georgia – The state is considering moving elevator inspection to the Department of Agriculture. No position on this proposal was discussed. (e) Idaho – John provided copes of a bill that would limit the application of A17.3 to the committee for review. NEII® will provide comments. (f) Indiana – NEII® testified in opposition to a bill that created new requirements for persons applying for a new mechanics license after June 3, 2012. Amy raised a concern that this language could prevent experienced personnel from getting licensed in the state. The committee will review and provide feedback to Amy. (g) Iowa – A Schindler person is on the Board. Cost concerns are preventing PBC form being adopted. A subcommittee has been formed to review the codes. It is likely that the subcommittee will recommend adopting A17.1 2010. (h) Louisiana – Gregg Rogers is in the process of looking for a lobbying firm and has asked NEII® for input. (i) Michigan – The Chief Inspector, Cal Rogler, has asked for a representative to sit on the code committee. Rogler has also indicated that he might be open to holding a preliminary meeting to discuss the PBC. Lou will keep the committee informed. (j) New Jersey – The Division of Codes is discussing the cross-licensing of amusement ride and elevator inspectors. (k) North Carolina. No update at this time. (l) Ohio – The state adopted A17.1 (2010), including references to A17.7. (m) Pennsylvania. No update at this time. (n) Virginia. No update at this time. (o) Wisconsin. No update at this time.

10. Otis Elevator Co. Legislative Monitoring Assignments. (a) Arkansas. No update at this time. (b) Connecticut. No update at this time. (c) District of Columbia – Feb. 22 will be a meeting of the Industrial Trades Board. The Board is considering the adoption of one generic test for mechanics, contractors and inspectors. (d) Kansas. No update at this time. (e) Maryland – Legislation is pending in the House and Senate to expand the numbers of seats on the Board and create a limited license for accessibility work. NEII® will be testifying on the pending bills, as well as in front of the Elevator Board on key issues.




(f) Massachusetts – A hearing was held Jan 31 on the regulations to implement the laws passed last year. There is agreement on several issues, but issues such as 1:1 ratio, registration, etc. remain. Peggy will draft a letter for the committee to review. (g) Missouri – The Elevator Board has finally restarted its work. A meeting was held on January 11th. There were many issues of concern raised (some which were not expected) during the discussions. We are developing a strategy to address with our lobbyists. (h) Nevada – The Department stakeholder meeting to review the elevator regulations is scheduled for March 1. (i) New Hampshire. No update at this time. (j) New York – Amy did a comparison of a recent bill to the MEL. The bills are very similar, except that the NY proposal would significantly increase the penalties. Peggy will distribute the penalties section of the bill for review. NEII® may provide comments, depending on feedback. (k) New York City – In 2009, rules increasing fines went into effect. In 2010, NYC started to beef up its efforts in this area. The issues were discussed at Roundtables, which are similar to Hearings, but do not have to be “noticed” to the public. The industry is starting to see these fines being imposed retroactively. Betsy will organize a working group to meet and discuss the issue facing us in NYC and explore strategies to resolve. (l) Oklahoma. No update at this time. (m) Oregon – Oregon has adopted A17.1, including A17.7. (n) Rhode Island – State is considering code updates. NEII® sent a letter of support. (o) Vermont. No update at this time. (p) Washington. No update at this time.

11. ThyssenKrupp Elevator Corp Legislative Monitoring Assignments.

(a) Alaska. No update at this time. (b) Arizona. No update at this time. (c) Hawaii – Our lobbyist secured the introduction of a bill to create a separate fund for elevator fees and secure seed funding to help the program. We have testified in both the House and Senate. In addition, a bill to allow third party inspectors was introduced and NEII® will provide comments to support it. (d) Kentucky – Emergency rules issues for new permit fees. There is also an update on the codes. (e) Minnesota. No update at this time. (f) Mississippi. Amy let the committee know that she had been approached to fund a breakfast for a group of state legislators. The request was denied as no activity is under in the state at this time. (g) Puerto Rico. No update at this time. (h) South Carolina. No update at this time. (i) Texas. No update at this time. (j) Utah. No update at this time. (k) West Virginia – The bill to exempt federal employees from licensing requirements was again introduced and the EIWPF got it withdrawn. We continue to have licensing issues in the state and are working on a legislative solution with the EIWPF.




12. Model Elevator Law. Please review the most recent copy of the EIWPF Activity Chart on the GAC website at http://www.neii.org/members/committees/25/.

(a) Amy reported that the EIWPF will be focusing efforts in NM, TN, LA and possibly MS in 2012. There will also be lobbying efforts in other states such as WV, IN, WI on licensing and other MEL provisions.

(b) Amy raised the idea the draft the MEL by categories or topics versus a stand-alone bill to assist us in states where we need to meld the MEL with current law.

13. Performance Based Code (PBC) Project.

(a) Website Review Group. Amy reported that several pages have been updated and posted on the PBC website. Efforts will likely be suspended during the legislative session and will resume this summer.

(b) The committee reviewed the 50-State A17.1/A17.7 report (Attachment 5) and PBC adoption chart (Attachment 6). Brian Black discussed his comparison of these charts to Codefinder and his discovery of numerous discrepancies. Amy and Brian will continue to coordinate to try to eliminate gaps between these documents. (c) Target state discussion.

i. California – a steering committee is working on this effort with the Leacox brothers. ii. Washington, DC – The committee decided to put DC efforts on hold until we have a better idea of what increased efforts in NYC and CA will mean to the budget. iii. Florida – PBC adopted. Removed from the target list. iv. Georgia – Amy spoke with Ben Crawford, Chief Inspector, who indicated action is expected in 2012. v. Massachusetts – will be working with our lobbyist, Bob Rodophele, to secure a meeting with key policymakers to discuss this issue. vi. Michigan – Cal Rogler indicated a potential willingness to hold a briefing on the PBC. Lou will keep us informed. vii. Ohio – PBC adopted. Removed from the target list. viii. South Carolina – PBC adopted. Removed from the target list.

14. Communication Tools.

(a) MEL Tutorial for the website (Attachment 7). Amy will work with Betsy Ceriello to develop a final product for GAC review. (b) The Insider Update & Topics discussion. Amy suggested that we be ready to have a “Who is NEII®” edition at the beginning of the legislative session in January 2013 since it will be right after the election and a great time to provide information about our industry. The CCC suggested that we bring the issue of A17.3 applicability, delay, etc. to the Communications Committee and see if this or other tools would be vehicles to get our message out to a broad audience.

15. GAC Budget Review.

(a) 2011 GAC Budget (Attachment 8) (b) 2012 Budget (Attachment 9). The Committee decided to wait on hiring lobbyists in DC

and WA until we have a better idea of what, if any, additional efforts are needed in NYC and CA.

http://www.neii.org/members/committees/25/




16. New Business. (a) NEII® contributions to state candidates/elections. Amy will put together a more detailed discussion piece for the committee to review options and identify what, if any, activities the committee might want to recommend to the Board. (b) NEII® Inspection policy review (Attachment 10). Brian is taking the lead on updating this policy. (c) NEII® Licensing policy review (Attachment 11). Amy is taking the lead on updating this policy. Betsy Ceriello and Vince Robibero volunteered to work with Amy. (d) Wind Turbine issue for joint effort w/EIWPF. Dennis indicated that this was a potential issue where NEII® could support the EIWPF, but we need to better define what it is we are seeking in return. Betsy will follow up with Chris Grenier, Otis Labor Relations Manager. (e) New Federal light bulb requirements. Amy indicated that this is a manufacturing mandate and not a requirement on the restricted use of different light bulbs. You can use any light bulb you can purchase, and stores are allowed to sell existing stock. However, at a certain point in the future, specific kinds of light bulbs will no longer be available. (e) Proposal to move GAC/CCC March 20-22 meeting dates. New meeting dates set. See below. (f) EIWPF: John Karnash has contacted the EIWPF regarding the annual financial review. 2011 financials are being sent to his office. John will then schedule the meeting between NEII® and the EIWPF. (g) NAESAi: Lou indicated that NEII® is supporting a request to help NAESAi negotiate a group rate for more widespread access to the latest code. Members of the committee raised concerns that elevator companies are limited and if NEII is trying to negotiate a group rate, our members should be able to get it as well.

17. Next Meeting Dates.

(a) NEII® Board teleconference February 7, 2012 1:00p-3:00p (Eastern Time) (b) GAC teleconference February 21, 2012 from 10:30a-12:30pm (Eastern Time). (c) NEII® Board meeting April 24, 2012 in Morristown, NJ. (d) GAC/CCC meeting July 17, CCC meetings July 18, 19, 2012 in Morristown, NJ. (e) GAC/CCC meeting Oct. 30, CCC meetings Oct. 31, Nov. 1, 2012. Location TBD.

18. Adjournment. The GAC/CCC meeting is scheduled to adjourn at 3:05pm Pacific Time.

Government Affairs Committee

Name: BRIAN BLACKTitle: NEII CODE AND SAFETY CONSULTANTCompany: BDBLACK AND ASSOCIATESAddress: 4034 NORTH HAMPTON BROOK DRIVECity: HAMBURG State: NY Zip Code: 14075-6410

725

E-Mail: [email protected]: Alternate to Amy J. Blankenbiller NEII Government Affairs

CommitteeAlternate to Edward A. Donoghue NEII Communications Committee

AlternateCategory:

Phone 1: 302-0813

Extension

Phone 2: 649-6348

Fax 1: 302-0841Mobile: 354-6772

585

Area Number Area Number

716585585

Country: UNITED STATES

Name: CONSTANCE CAMPANELLATitle: PRESIDENT & CEOCompany: STATESIDE ASSOCIATESAddress: 2300 CLARENDON BOULEVARD, 4TH FLOORCity: ARLINGTON State: VA Zip Code: 22201-3367

503

E-Mail: [email protected]:

MemberCategory:

Phone 1: 525-7466

Extension

Phone 2:

Fax 1: 525-7057Mobile:

703


703


Name: BETSY CERIELLOTitle: MANAGER LABOR RELATIONSCompany: OTIS ELEVATOR COMPANYAddress: ONE FARM SPRINGS ROADCity: FARMINGTON State: CT Zip Code: 06032

752


MemberCategory:

Phone 1: 676-5463

Extension

Phone 2:

Fax 1: 998-3206Mobile: 614-5563

860


860860

860


Tuesday, February 07, 2012 Page 1 of 5NEII and NEII logo – Registered, U.S. Patent and Trademark Office

Attachment 1 Page 1 of 5


Name: DARREN COURTNEYTitle: CHIEF LEGAL OFFICERCompany: FUJITEC AMERICA, INC.Address: 7258 INNOVATION WAYCity: MASON State: OH Zip Code: 45040

494


MemberCategory:

Phone 1: 933-5527

Extension

Phone 2:

Fax 1: 933-5580Mobile: 678-6716

513


513513


Name: STEWART M. GISSERTitle: ASSOCIATE GENERAL COUNSELCompany: SCHINDLER ELEVATOR CORPORATIONAddress: P. O. BOX 1935City: MORRISTOWN State: NJ Zip Code: 07960

727


AlternateCategory:

Phone 1: 397-6585

Extension

Phone 2:


973


973


Name: KHANH M. JOSEPHSONTitle: OPERATIONS COUNSELCompany: KONE INC.Address: 4225 NAPERVILLE ROAD, SUITE 400City: LISLE State: IL Zip Code: 60532

726


AlternateCategory:

Phone 1: 955-4224

Extension

Phone 2:


630


630





Name: JOHN S. M. KARNASHTitle: VP AND GENERAL COUNSELCompany: SCHINDLER ELEVATOR CORPORATIONAddress: P. O. BOX 1935City: MORRISTOWN State: NJ Zip Code: 07962-1935

283


ChairCategory:

Phone 1: 397-6580

Extension

Phone 2:

Fax 1: 397-6574Mobile: 722-8170

973


973973


Name: SANDEEP KUMARTitle: OPERATIONS COUNSELCompany: KONE INC.Address: 4225 NAPERVILLE ROAD, SUITE 400City: LISLE State: IL Zip Code: 50532

807


AlternateCategory:

Phone 1: 955-4411

Extension

Phone 2:

Fax 1: 955-3192Mobile: 808-3675

630


630630


Name: JESSE MATUSONTitle: DIR. REAL EST. LEASING & COMM. COUNSELCompany: THYSSENKRUPP ELEVATOR CORPORATIONAddress: 5701 PINE ISLAND ROAD, SUITE 390City: TAMARAC State: FL Zip Code: 33321

642


AlternateCategory:

Phone 1: 597-3009

Extension

Phone 2:


954


954





Name: DENNIS M. MAYERTitle: VP AND COUNSELCompany: OTIS ELEVATOR COMPANYAddress: 1 FARM SPRINGS ROADCity: FARMINGTON State: CT Zip Code: 06032-

284


MemberCategory:

Phone 1: 676-5028

Extension

Phone 2: 676-5022


860


860860


Name: KURT MEYERTitle: VP AND CFOCompany: MINNESOTA ELEVATOR, INC.Address: 19336 607TH STREETCity: MANIKATO State: MN Zip Code: 56001

778


MemberCategory:

Phone 1: 245-3060

Extension

Phone 2:


507


507


Name: PETER SALAVANTISTitle: VICE PRESIDENT, PUBLIC AFFAIRSCompany: MITSUBISHI ELECTRIC & ELECTRONICS USA, INC.Address: 1560 WILSON BLVD., SUITE 1175City: ARLINGTON State: VA Zip Code: 22209

504


MemberCategory:

Phone 1: 276-3519

Extension

Phone 2:


703


7031





Name: ERIC SCRUDDERSTitle: EVP & GENERAL COUNSELCompany: THYSSENKRUPP ELEVATOR CORPORATIONAddress: 5701 PINE ISLAND ROAD, SUITE 390City: TAMARAC State: FL Zip Code: 33321

627


MemberCategory:

Phone 1: 597-3001

Extension

Phone 2:

Fax 1: 726-3468Mobile: 478-4324

954


954954


Name: KURT STEPANIAKTitle: SENIOR VICE PRESIDENT & GENERAL COUNSELCompany: KONE INC.Address: 4225 NAPERVILLE ROAD, SUITE 400City: LISLE State: IL Zip Code: 60532

287


MemberCategory:

Phone 1: 955-4415

Extension

Phone 2:

Fax 1:

Mobile: 721-6579630


309


Name: PEGGY WEBBETitle: ASSISTANT COUNSELCompany: OTIS ELEVATOR COMPANYAddress: ONE FARM SPRINGS ROADCity: FARMINGTON State: CT Zip Code: 06032

619


AlternateCategory:

Phone 1: 676-5012

Extension

Phone 2:

Fax 1: 676-5133Mobile: 751-9568

860


860860




Central Code Committee

Name: LOUIS BIALYTitle: DIRECTOR WORLDWIDE CODES & STANDARDSCompany: OTIS ELEVATOR COMPANYAddress: 5 FARM SPRINGS ROADCity: FARMINGTON State: CT Zip Code: 06032-

56

E-Mail: [email protected]: Alternate member NEII Standards Committee for ISO activities.

ChairCategory:

Phone 1: 676-6227

Extension

Phone 2: 651-8335

Fax 1: 676-6865Mobile: 839-0961

860


860860860


Name: AMY J. BLANKENBILLERTitle: NEII GOVERNMENT AFFAIRS CONSULTANTCompany: AJB STRATEGIES, LLCAddress: 5537 SW URISH ROADCity: TOPEKA State: KS Zip Code: 66610-9155

786

E-Mail: [email protected]: Alternate to Brian Black NEII Central Code Committee

Alternate to Edward A. Donoghue NEII Communications Committee

AlternateCategory:

Phone 1: 286-7599

Extension

Phone 2:

Fax 1: 408-5796Mobile: 580-5070

785


785785


Name: JOSEPH BUSSETitle: EXECUTIVE TECHNICAL ADVISORCompany: FUJITEC AMERICA, INC.Address: 7258 INNOVATION WAYCity: MASON State: OH Zip Code: 45040

300


MemberCategory:

Phone 1: 932-8000

Extension

Phone 2:

Fax 1: 933-5582Mobile: 739-0802

513


513513

5203


Monday, January 09, 2012 Page 1 of 3NEII and NEII logo – Registered, U.S. Patent and Trademark Office



Name: STEVE GRAINERTitle: SPECIAL PROJECTS MANAGERCompany: MITSUBISHI ELECTRIC & ELECTRONICS USA, INC.Address: 5665 PLAZA DRIVE, PO BOX 6077City: CYPRESS State: CA Zip Code: 90630-0007

461


MemberCategory:

Phone 1: 220-4841

Extension

Phone 2: 220-4800

Fax 1: 220-4812Mobile: 448-5796

714


714714714


Name: PHILLIP HAMPTONTitle: CHIEF ENGINEERCompany: THYSSENKRUPP ELEVATOR CORPORATIONAddress: 9280 CRESTWYN HILLS DRIVECity: MEMPHIS State: TN Zip Code: 38125

623


MemberCategory:

Phone 1: 261-1550

Extension

Phone 2:

Fax 1: 860-2598Mobile: 210-9275

901


901901


Name: DOUG HENDERSONTitle: ENGINEERCompany: THYSSENKRUPP ELEVATOR CORPORATIONAddress: P. O. BOX 370City: MIDDLETON State: TN Zip Code: 38052

624


AlternateCategory:

Phone 1:

Extension

Phone 2:

Fax 1: 376-1913Mobile: 652-3649


731901





Name: ANDREW JUHASZTitle: MANAGER, CODES & STANDARDSCompany: KONE INC.Address: ONE KONE COURTCity: MOLINE State: IL Zip Code: 61265-

111


MemberCategory:

Phone 1: 334-9556

Extension

Phone 2: 743-5525


800


3093095525


Name: DAVID MCCOLLTitle: MANAGER, CODES & STANDARDSCompany: OTIS CANADA INC.Address: 1655 THE QUEENSWAY EASTCity: MISSISSAUGA State: ON Zip Code: L4X 2Z5

272


AlternateCategory:

Phone 1: 272-6132

Extension

Phone 2: 276-5577

Fax 1: 660-9874Mobile: 500-3919

905


905860416

Country: CANADA

Name: VINCENT P. ROBIBEROTitle: NORTH AMERICAN CODE CONSULTANTCompany: SCHINDLER ELEVATOR CORPORATIONAddress: P. O. BOX 1935City: MORRISTOWN State: NJ Zip Code: 07962-1935

53


MemberCategory:

Phone 1: 397-6018

Extension

Phone 2:

Fax 1: 397-6141Mobile: 216-8030

973


973973




National Elevator Industry, Inc. GOVERNMENT AFFAIRS OFFICE 5537 SW Urish Road • Topeka, Kansas 66610 • Office: 785.286.7599 • Cell: 785.580.5070 • Fax: 585.302.0841

www.neii.org • e-mail: [email protected]


STATE ACTIVITY REPORT Updated January 9, 2012

STATE1

LOBBYISTS

NEII® CONTACTS

LISENCING

MEL STATUS

NEII® EFFORTS

Alabama

GAC: Khanh M. Josephson, KONE CCC: Phillip Hampton, TKE

Mechanic Contractor

2003

Alaska

GAC: Jesse Matuson, TKE CCC: Phillip Hampton, TKE

Contractor Code updates, including A17.7 under consideration. Industry comments submitted.

Arizona

GAC: Jesse Matuson, TKE CCC: Vincent Robibero, Schlindler

Contractor

Arkansas EIWPF: Bruce Hawkins DBH Management PH: 501.354.3196 [email protected] Camie Boggess PH: 501.753.8644 [email protected]

GAC: Peggy Webbe, Otis CCC: Phillip Hampton, TKE

Contractor

2006

2011: SB1808 introduced to exempt Capitol grounds from Elevator Act. Bill passed, but then recalled from Governor and died.

California NEII®: Jeff Leacox, Dan Leacox Greenberg Traurig, LLP PH: 916.442.1111 [email protected] [email protected]

GAC: John Karnash, Schindler CCC: Steve Grainer, Mitsubishi

Mechanic Contractor

2002, 2006 PBC Target State

Continue efforts on PBC adoption. Response to letter on Emergency Fees received. CA Circular on elevator work issued 11/16/11. NEII® response letter sent 12/20/11.


mailto:[email protected]




of 9


STATE1

LOBBYISTS

NEII® CONTACTS

LISENCING

MEL STATUS

NEII® EFFORTS

Colorado EIPWF: Becky Brooks Stealey II, Inc. Denver, CO, 80203 PH: 303.860.0733 [email protected]

GAC: Khanh M. Josephson, KONE CCC: Phillip Hampton, TKE

Mechanic Contractor

2008 2011: New rules issued. Efforts stalled.

Connecticut

GAC: Peggy Webbe, Otis CCC: Louis Bialy, Otis

Mechanic Contractor

Bill introduced 2005, but died in committee. No action at this time.

Delaware

GAC: John Karnash, Schindler CCC: Joe Busse, Fujitec

District of Columbia

EIWPF: Frank Boston Attorney at Law Baltimore, MD 21210 PH: 410.323.7090

GAC: Elizabeth Ceriello, Otis CCC: Joe Busse, Fujitec

Mechanic Contractor

2009 - licensing bill.

PBC Target Jurisdiction PBC efforts through Council. Proposed rules under legal review. Expect publication in early 2012, w/30-day comment period.

Florida GAC: John Karnash, Schindler CCC: Steve Grainer, Mitsubishi

Mechanic Contractor

2002 2004 bill to re-establish Advisory Board signed.

PBC Target State – propose removal as target

The Building Commission adopted 2010 FL Building Code, which includes A17.1 (2007) and its references to A17.7 (PBC). Effective 11/10/11.

Georgia GAC: John Karnash, Schindler CCC: Joe Busse, Fujitec

Mechanic Contractor

PBC Target State

Staff has proposed adoption of A17.1 (2010) including A17.7. Still undergoing internal review.


mailto:bbrooks@stealey

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STATE1

LOBBYISTS

NEII® CONTACTS

LISENCING

MEL STATUS

NEII® EFFORTS

Hawaii

NEII®: Alicia Maluafiti Lo’ihi Communications Ewa Beach, Hawaii 96706 PH: 808.224.3648 [email protected]

GAC: Jesse Matuson, TKE CCC: Steve Grainer, Mitsubishi

Mechanic Contractor

Working to reinstate Chief Elevator Inspector position and secure funding for inspectors.

Idaho GAC: John Karnash, Schindler CCC: Vincent Robibero, Schlindler

Construction Managers Public Works Contractors

2011: Working on bill to blend MEL w/current law. Reviewing department’s comments.

Illinois EIWPF: Terry Steczo Government Strategy Associates Arlington Heights, IL 60004 PH: 847.749.1232 NEII®: Larry Suffredin Chicago, IL 60601 PH: 312.836.4120 [email protected]

GAC: Khanh M. Josephson, KONE CCC: Andy Juhasz, KONE

Mechanic Contractor

2003 New proposal issues on 10/7/11 to adopt A17.1 (2010) including A17.7. Comments submitted 11/14/11.

Indiana EIWPF: Bart Giesler Indianapolis, 46204 PH: 317.961.4300 [email protected]

GAC: John Karnash, Schindler CCC: Louis Bialy, Otis

Mechanic Contractor

2002 Reviewing new licensing bills.

Iowa GAC: John Karnash, Schindler CCC: Andy Juhasz, KONE

General Contractor 2004 .

Kansas GAC: Elizabeth Ceriello, Otis CCC: Phillip Hampton, TKE

Kentucky EIWPF: Ronny Pryor Capitol Solutions Goshen, KY 40026-9700 PH: 502.292.2085 [email protected]

GAC: Jesse Matuson, TKE CCC: Joe Busse, Fujitec

Mechanic Contractor

2010 State has begun efforts to promulgate rules that will implement the elevator law enacted last year.






of 9


STATE1

LOBBYISTS

NEII® CONTACTS

LISENCING

MEL STATUS

NEII® EFFORTS

Louisiana GAC: John Karnash, Schindler CCC: Phillip Hampton, TKE

Maine GAC: Khanh M. Josephson, KONE CCC: Louis Bialy, Otis

Mechanic 2002

Maryland EIWPF: Frank Boston Attorney at Law Baltimore, MD 21210 PH: 410.323.7090 NEII®: Joel Rozner Rifkin, Livingston, LLC Annapolis, MD 21401 PH: 410.269.5066 [email protected]

GAC: Elizabeth Ceriello, Otis CCC: Joe Busse, Fujitec

Mechanic Contractor

2003

Massachusetts NEII®: Bob Rodophele Ferriter, Scobbo & Rodophele Boston, MA 02110 PH: 617.737.1800 [email protected]


Mechanic Contractor

PBC Target State

Will be working to increase efforts related to the consideration of A17.7. Also preparing for state to develop rules associated bills passed in 2011.

Michigan GAC: John Karnash, Schindler CCC: Phillip Hampton, TKE

Mechanic PBC Target State

PBC adoption strategy currently on hold.

Minnesota GAC: Jesse Matuson, TKE CCC: Phillip Hampton, TKE

Mechanic




of 9


STATE1

LOBBYISTS

NEII® CONTACTS

LISENCING

MEL STATUS

NEII® EFFORTS

Mississippi EIWPF: Beth Clay The Clay Firm Jackson, MS 39205 PH: 601.353.0059 [email protected]

GAC: Jesse Matuson, TKE CCC: Vincent Robibero, Schlindler

2011: Bill passed Senate, then House with major amendments. Senate declined to concur. Went to conference. Due to fiscal note and potential staff needs, bill failed.

Missouri NEII®: Jonathon Dalton Lewis Rice St. Louis, MO 63102 PH: 314.444.7769 [email protected]

GAC: Elizabeth Ceriello, Otis CCC: Phillip Hampton, TKE

Mechanic

Montana GAC: Khanh M. Josephson CCC: Andy Juhasz, KONE

Mechanic

2005

Nebraska EIWPF: Joe Kohout Kelley & Lehan P.C. Omaha, NE 68106 PH: 402.397.1898 [email protected]

GAC: Khanh M. Josephson CCC: Andy Juhasz, KONE

Mechanic

2003, revised 2008. Covers only three counties but

majority of citizens.

2011: LB588 to expand Act statewide. LB 594 related to third party licensing. LB 517 to repeal Act. Special Elevator Board meeting 2-15-11 to review bills. Committee hearing 2-11. No further action.

Nevada NEII®: Richard Bryan Lionel, Sawyer, Collins Las Vegas, NV 89101 PH: 702.383.8888 [email protected]

GAC: Peggy Webbe, Otis CCC: Steve Grainer, Mitsubishi

Mechanic Contractor

State has indicated that it will hold meetings to review elevator rules passed in recent years. Meetings to be held in early 2012.

New Hampshire

GAC: Peggy Webbe, Otis CCC: Phillip Hampton, TKE

Mechanic





of 9


STATE1

LOBBYISTS

NEII® CONTACTS

LISENCING

MEL STATUS

NEII® EFFORTS

New Jersey

GAC: John Karnash, Schindler CCC: Vincent Robibero, Schlindler

New Mexico EIWPF: D.W. Turner Albuquerque, NM 87102 PH: 505.338.8913 Tina Michael [email protected]

GAC: Khanh M. Josephson, KONE CCC: Vincent Robibero, Schlindler

Leonard Bridge IUEC Local #131 Albuquerque, NM 87107 (505) 292-8715

2010: Joint Memorial passes House and Senate. 2011: Passed legislature. Sent to Governor. No action w/in 30 days resulted in “pocket veto.”

New York New York City, NY

New York State GAC: Peggy Webbe, Otis CCC: Vincent Robibero, Schlindler New York City GAC: Elizabeth Ceriello, Otis CCC: Vincent Robibero, Schlindler

NYC: Working on code updates which may impact MRLs.

North Carolina GAC: John Karnash, Schindler CCC: Vincent Robibero, Schlindler

North Dakota GAC: Khanh M. Josephson, KONE CCC: Andy Juhasz, KONE

Ohio EIWPF: Jacob Evans The Craig Group Columbus, OH 43215 PH: 614.241.2222 [email protected]

GAC: John Karnash, Schindler CCC: Joe Busse, Fujitec

PBC Target State

Board has proposed adoption of A17.1 (2010) and A17.7. Industry testified at hearing 12/16/11. NEII® and companies sent support letters 8/11 and 12/11.




of 9


STATE1

LOBBYISTS

NEII® CONTACTS

LISENCING

MEL STATUS

NEII® EFFORTS

Oklahoma GAC: Peggy Webbe, Otis CCC: Andy Juhasz, KONE

Mechanic Contractor

2002

Oregon GAC: Peggy Webbe, Otis CCC: Louis Bialy, Otis

Mechanic Contractor

Pennsylvania EIWPF: John Warner Warner Associates Harrisburg, PA 17102 PH: 717.236.2050 [email protected]

GAC: John Karnash, Schindler CCC: Vincent Robibero, Schlindler

2010: HB-1349 introduced. Nov.-2010 HB 1349 reintroduced as HB-337. Waiting for the right time for movement.

Rhode Island


Mechanic Contractor

South Carolina

GAC: Jesse Matuson, TKE CCC: Louis Bialy, Otis

PBC Target State – propose removal as target

State has adopted of A17.1 (2010) including A17.7. Effective 10/28/11.

South Dakota EIWPF: Richard P Tieszen Tieszen Law Office, Prof. LLC Pierre, SD 57501 PH: 605.224.1500 [email protected]


Tennessee Darnell-Summers Associates Nashville, TN 37209 PH: 615.463.7500 Riley Darnell [email protected] John Summers [email protected]

GAC: Sandeep Kumar, KONE CCC: Phillip Hampton, TKE

2011: Bill introduced. Hearings held. Bill pulled and working with Dept. of Labor in off-session to resolve issues.

Redrafting MEL bill and preparing for reintroduction in 2012.






of 9


STATE1

LOBBYISTS

NEII® CONTACTS

LISENCING

MEL STATUS

NEII® EFFORTS

Texas GAC: Jesse Matuson, TKE CCC: Andy Juhasz, KONE

Contractor Licensing bill passed in 2011.

Utah EIWPF: Dave Spatafore Capsone Strategies, LLC Salt Lake City, Utah 84105 PH: 801.583.3403 [email protected]

GAC: Jesse Matuson, TKE CCC: Phillip Hampton, TKE

Mechanic Contractor

2010

Vermont EIWPF: John Hollar PH: 802.229.5224

GAC: Peggy Webbe, Otis CCC: Joe Busse, Fujitec

Mechanic Contractor

2001

Virginia GAC: John Karnash, Schindler CCC: Joe Busse, Fujitec

Mechanic Contractor

2004

Washington GAC: Peggy Webbe, Otis CCC: Joe Busse, Fujitec

Mechanic Contractor

2002 Met with potential lobbyists 12/16/11. Waiting on proposals to assist industry on inspection and 1:1 Mechanic to Helper ratio issues.

West Virginia GAC: Jesse Matuson, TKE CCC: Vincent Robibero, Schlindler

Mechanic Contractor

Wisconsin EIWPF: George Klaetsch Public Affairs Strategies Group PH: 608.283.2587 [email protected]

GAC: John Karnash, Schindler CCC: Andy Juhasz, KONE

Mechanic Contractor

2005

Wyoming


Yes?

1 CCC also has company assignments for Puerto Rico and the Canadian Provinces



of 9

CONTACT INFORMATION: Government Affairs Committee


Elizabeth A. Ceriello Otis Elevator Co. Farmington, CT 06032 PH: 860.676.5463 [email protected]

Louis Bialy Otis Elevator Co. Farmington, CT 06032 Tel: 860.676.6227 [email protected]

Khanh M. Josephson KONE, Inc. Lisle, IL 60532 Tel: 630-955-4224 [email protected]

Joseph Busse Fujitec America Mason, Ohio 45040 Tel: 513.932.8000 x5203 [email protected]

John Karnash Schindler Elevator Corp Morristown, NJ 07962-1935 Tel. 973-397-6580 [email protected]

Steve Grainer Mitsubishi Electric & Electronics USA Cypress, CA 90630 Tel: 714.220.4841 [email protected]

Jesse Matuson ThyssenKrupp Elevator Corp. Tamarac, FL 33321 Tel: 954- 597-3009 [email protected]

Phillip Hampton ThyssenKrupp Elevator Corp. Memphis, TN 38125 Tel: 901.261.1550 [email protected]

Sandeep Kumar 4225 Naperville Road, Suite 400 Lisle, IL 60532 Tel: 630.955.4411 [email protected] Peggy Webbe Otis Elevator Co. Farmington, CT 06032 Tel: 860-676-5028 [email protected]

Andy Juhasz KONE, Inc. Moline, IL 61265 Tel: 309.743.5525 [email protected] Vincent Robibero Schindler Elevator Corp Morristown, NJ 07962-1935 Tel. 973-397-6018 [email protected]














National Elevator Industry, Inc.

1677 County Route 64 • P.O. Box 838 • Salem, New York 12865-0838 • 518.854.3100 Fax: 518-854-3257

WWW.NEII.ORG • E-Mail: [email protected]


December 20, 2011

Ellen Widess, Chief Division of Occupational Safety and Health 1515 Clay Street, Suite 1901 Oakland, CA 94612 Re: Circular Letter E-11-01 Certification Requirements Ms. Widess: Circular Letter E-11-01 is the latest chapter in an effort to expand the limits of Labor Code Sections 7311.1, 7311.2 and 7300.4 which prescribe the scope of work that must be performed by certified conveyance companies and certified conveyance mechanics. CLE-11-01 would change some longstanding practices and add significant new expenses to the construction, maintenance, and operation of many buildings in California, without any real gain in safety. Actions by the Department of Safety and Health (DOSH) to enforce CLE-11-01 have been undertaken without due consideration of key perspectives offered by building owners, stationary engineers, general contractors, conveyance companies, and other specialty contractors. DOSH has exceeded existing authority and failed to follow California requirements for the promulgation of rules. Statutory Background. Labor Code Sections 7311.1, 7311.2 and 7300.4 were components of SB 1886 (2002, Torlakson) sponsored by the Elevator Industry Work Preservation Fund. The Division drafted rules to implement SB 1886 in 2004, but the proposed rules were never adopted by the Standards Board. Despite no formal rulemaking, the implementation of Labor Code Sections 7311.1, 7311.2 and 7300.4 proceeded relatively free of debate until 2008. Elevator Flooring. In December 2008, a California State elevator inspector asserted that State law required the conveyance contractor to have a licensed mechanic present on stand-by during the installation of elevator flooring (work awarded by the general contractor to a different specialty subcontractor). This isolated incident led to a jurisdictional dispute proceeding before the National Labor Relations Board. It also touched off a debate as to what constitutes an alteration to the interior of an elevator car. Firefighter Phase One and Two Operations. The stand-by concept reappeared in June 2010 when a California State elevator inspector issued a Preliminary Order to require that monthly fire phase one and two operations conducted pursuant to ASME 17.1-2004, Section 8.6.10.1, "be witnessed, as required by ASME 17.1-2004, Section 8.11.1.1.2, by a Certified Competent Conveyance Inspector, or a Division CCCI." This order ran contrary to past practice and confused the distinction between the phase one and phase two operations


Ms. Ellem Widess Comments on Circular E-11-01 Page | 2

NEII® ASSOCIATION HEADQUARTERS

1677 County Route 64 • P.O. Box 838 • Salem, New York 12865-0838 • Phone: 518.854.3100 • Fax: 518-854-3257 NEII and NEII logo – Registered, U.S. Patent and Trademark Office

conducted monthly pursuant to Section 8.6.10.1 and the phase one and phase two tests conducted annually pursuant to Section 8.11.2.2.6. The language of 8.6.10.1 has long been interpreted to allow authorized building personnel to conduct the monthly operation without inspector witness, as long as the written record of findings remain available to elevator personnel and the AHJ. This point was queried to the ASME code committee in 1985. It answered, "This is not a test. Tests are covered by [another rule]. The Code does not specify who is to perform this function." The California OSH Standards Board confirmed this understanding and past practice when it adopted ASME17.1-2004 in 2005. To erase all doubt, ASME 17.1-2005 and later versions specify that the monthly operation shall be performed "by authorized personnel" as defined in the code.

• 8.6.11.1 Firefighters’ Emergency Operation. All elevators provided with firefighters’ emergency operation shall be subjected monthly, by authorized personnel, to Phase I recall by use of the key switch, and a minimum of one-floor operation on Phase II, except in jurisdictions enforcing the NBCC. Deficiencies shall be corrected. A record of findings shall be available to elevator personnel and the authority having jurisdiction.

• 1.3 Authorized personnel: persons who have been instructed in the operation of the equipment and designated by the owner to use the equipment.

2010 Draft Policy. DOSH convened an advisory meeting on November 10, 2010, "to discuss work covered by CLS Sections 7311.1 and 7311.2 that define work on conveyances that requires certification." At the meeting, DOSH and interested persons discussed the application of those statutes to six particular tasks identified in a document, Requests for Clarification Regarding Covered Work, distributed at the meeting. At the same time, DOSH distributed a draft policy nearly identical to Circular Letter E-11-01 released one year later (November 16, 2011). The ensuing discussion revealed several problems created by the Circular Letter. They prompted DOSH to say that a rulemaking may be in order and that we should expect another stakeholder meeting in the near future.

The problems with the Circular Letter include:

• It tries to expand the CCCM scope of work by adding "a critical watching and directing of activities as in direct supervision" to the meaning of "supervision" in Labor Code Section 7311.2. "Direct" is an additional element not within the meaning of "supervision" as used in Section 7311.2 or anywhere else, including Title 8 safety standards and both statutory and common law tests of employee/contractor status. As a result, the Circular Letter underutilizes inspection as a sufficient form of supervision.

• It interprets the same statutory language differently in different circumstances. In some cases it requires done by a CCCM (monthly Phase One and Phase Two Operation), in some cases supervised by a CCCM (cab flooring), and in other cases done or supervised by a CCCM (pit sealing); thus demonstrating that the Circular Letter is a result looking for a reason rather than a coherent interpretation of the statutes.





• It ignores the allowance found in Business and Professions Code Section 7059(a)

for "incidental or supplemental" work in another trade. In fact, the Circular Letter implies that DOSH may require that a CCCM do or directly supervise work normally performed by specialty contractors in the following subclassifications: drywall, electrical (general), fire protection, flooring and floor covering, insulation and acoustical, masonry, painting, steel/reinforcing, welding, concrete, glazing, low voltage systems, plumbing, sheet metal, and warm-air heating, ventilating and air conditioning. These classes of work often occur in a hoistway after the installation of an elevator has begun.

• It ignores the limit "materially" used in 7311.1 to limit the scope of alterations that must be performed by a certified conveyance company.

• It uses an overly expansive definition of "test" to include operations, such as fire phase one and two operations, traditionally done by non-CCCMs.

• It uses an overly narrow interpretation of "routine non-mechanical maintenance" work exempted by 7300.4.

• It tries to expand the scope of work covered by Labor Code Sections 7311.1 and 7311.2 by constructing an arbitrary definition of “alteration” from ASME A17.1-2004 Section 8.7.2.14 rather than using the correct definition found in Section 1.3 Definitions.

2011 Enforcement. Instead of convening another advisory committee or submitting the rule for approval by the Standard Board, DOSH began instructing conveyance owners on one or more requirements of the draft Circular Letter. In particular, conveyance owners were told they could no longer use authorized building personnel to conduct the monthly fire phase one and phase two operations pursuant to Section 8.6.10.1, and instead must use certified mechanics as has been done for the annual tests conducted pursuant to Section 8.11.2.2.6. DOSH demands prompted some conveyance owners to demand changes in their elevator maintenance contracts. Circular Letter E-11-01. Without addressing any of the concerns raised in the November 2010 advisory meeting, DOSH published CLE-11-01 in November 2011. A number of building owners, general contractors, conveyance companies, and other specialty contractors have reported that CLE-11-01 creates make-work, project delays, and confusion between the traditional and rational work boundaries of some specialties. NEII® is an outgrowth of the Elevator Manufacturers’ Association established in 1934. Officially renamed the National Elevator Industry, Inc in 1969, NEII® is the premier national trade association representing the interest of firms that install, maintain and/or manufacture (including parts or components) elevators, escalators, moving walks and other building transportation products. The NEII® membership includes the top elevator companies in the


http://www.neii.org/contact.cfm







United States, if not the world, and reports more than eighty percent of the work hours for the industry. Member companies include: Otis Elevator Company, Schindler Elevator Corp., ThyssenKrupp Elevator Corporation, KONE, Inc., Fujitec America, Inc., and many other companies Thank you for your consideration of these comments. NEII® members are deeply concerned about the way this rule was adopted, as well as the result. NEII® urges DOSH to prevent further harm by withdrawing CLE-11-01 pending further analysis and proper adoption. Sincerely,

Amy J. Blankenbiller NEII® Government Affairs Consultant

Brian Black NEII® Code and Safety Consultant

cc: Debra Tudor, Principal Engineer, Elevator Unit Deborah Gold, Deputy Chief of Health, Division of Occupational Safety & Health Marley Hart, Executive Officer, Occupational Safety & Health Standards Board Christine Baker, Acting Director, Department of Industrial Relations Greenberg Traurig, LLP



January, 2012 Page 1 of 5

NOTE: The data provided in this chart is a compilation based upon information of which NEII® and its members are aware. The accuracy of the information should be verified with the authority having jurisdiction. Neither NEII® its directors, officers or members will be liable for any inaccuracies or discrepancies in the data.

ASME A17.1/CSA B44 and ASME A17.7/CSA B44.7 Adoption Activity Chart Please note that any new and/or updated information in the chart will be in red.

Jurisdiction A17.1 Version A17.1 (2007) and A17.7 Adoption Dates of Adoption/Current Adoption Activity Alabama A17.1 (2010) Auto Adopted A17.1 (2007)

Not Enforcing A17.7 Adopted 6/30/11.

Alaska A17.1 (2004) Not yet adopted A17.1 (2004) effective 07/14/06. Department of Labor and Workforce Development is reviewing A17.1 (2010), including A17.7 for adoption instead of A17.1 (2007). Staff anticipates the process to be completed by early 2012.

Arizona A17.1 (2007) Adopted A17.1 (2007) Excludes A17.7

A17.1 (2007) adopted and effective 05/05/09. The Elevator Advisory Board expressly excluded A17.7, however A17.7 was not deleted from the regulations (ref: R20-5-507).

Arkansas A17.1 (2007) Adopted A17.1 (2007) Not Enforcing A17.7

A17.1 (2007) adopted and effective 03/27/08. A17.7 is not being enforced and the state has no plans for inclusion.

California A17.1 (2004) Not yet adopted A17.1 (2004) adopted 02/21/08, effective 05/01/08. Division of Occupational Safety and Health has new staff who is currently reviewing draft A17.7 amendments.

Los Angeles, California

A17.1 (2004) Not yet adopted A17.1 (2004) effective 01/01/08. A17.1 revisions are not being actively discussed.

Colorado A17.1 (2007) Adopted A17.1 (2007) Confirmed A17.7

A17.1 (2007) adopted 11/10/08, effective 01/01/09. A17.7 is enforced.

Connecticut A17.1 (1996) thru 1b-98

Not yet adopted A17.1 (1996) effective 06/02/99. A17.1 (2007) and A17.7 are currently being reviewed. The Department of Public Safety is currently reviewing the 2009 ICC family of codes for potential adoption.

Delaware N/A N/A Elevator regulation is at the local level.

District of Columbia A17.1 (2004) & 1a-05 & 1s-05

Not yet adopted A17.1 (2004) adopted and effective 12/26/08. The Construction Codes Coordinating Board (CCCB) voted 11/5/2010 to proceed with the adoption of A17.1 (2007). The CCCB also voted to remove the PBC references in A17.1 (2007). The proposed new construction codes are currently under legal review. Staff indicates that they anticipate publication before the end of the year.

Florida A17.1 (2007) & 1a-05 & 1s-05

A17.1 (2007) Confirmed A17.7

The regulation goes into effect 11/10/11. The building codes are effective 3/15/12.

Georgia A17.1 (2007) Adopted A17.1 (2007) Excludes A17.7

A17.1 (2007) adopted 03/30/09, effective 04/19/09. A17.7 was explicitly excluded. Department of Labor staff submitted amendments to adopt A17.7 to the Commissioner for final review and approval. The Chief Elevator Inspector indicated that action will be taken on the code updates in early 2012.





Jurisdiction A17.1 Version A17.1 (2007) and A17.7 Adoption Dates of Adoption/Current Adoption Activity Hawaii A17.1 (1996) Not yet adopted A17.1 (1996) is effective in Hawaii. Staff reported that the plan to adopt ASME A17.1 (2007) has been

delayed due to a reduction-in-force and a lack of clerical support resources.

Idaho A17.1 (2007) Adopted A17.1 (2007) Not Specific as to A17.7

A17.1 (2007) adopted and effective 03/29/10. A17.7 not specifically excluded and is referenced in Rule 875-72.1(7) for installations after 7/23/08. Staff indicated the state would adopt A17.7 separately once the legislature gives the authority to do so. Until that time, A17.7 may be used on a case-by-case basis.

Illinois A17.1 (2010) & 1a-08

Specifically Adopted A17.1 and A17.7

A17.1 (2010) was adopted by the Board on 9/8/11. The Board published a proposed rule on 10/6/2011 to adopt A17.1 (2010) and A17.7 (2007). Public comments were accepted through 11/21/2011.

Chicago, Illinois A17.1 (2007) Specifically Adopted A17.1 and A17.7

A17.1 (2007) and A17.7 adopted by reference 10/07/09, effective 04/16/10.

Indiana A17.1 (2007) Adopted A17.1 (2007) Specifically excluded A17.7

A17.1 (2007) adopted 3/14/11, effective 4/13/11.

Iowa A17.1 (2007) Specifically Adopted A17.1 (2007) and A17.7

The Elevator Safety Board (Board) is undertaking a comprehensive review of all rules concerning elevators and other conveyances, as required by statute every three years. The review is scheduled to be completed by 7/1/11.

Kansas A17.1 (2004) & 1a-05 & 1s-95

N/A

Kentucky A17.1 (2007) Specifically Adopted A17.1 (2007) and A17.7 by statute

Kentucky adopted A17.1 and A17.7 by statute, directing the Office of Housing, Buildings and Construction (Office) to implement that adoption by regulation. The Office has begun the process of promulgating the rules as directed. Office representatives have indicated that the state will propose adopting A17.1 (2007) but will not address A17.7 at this time.

Louisiana A17.1 (2007) Adopted A17.1 (2007) Not specific as to A17.7

A17.1 (2007) was adopted via the 2009 International Building Code and became effective 01/01/11. However, there is no public sector enforcement or inspection of elevators.

Maine A17.1 (2007) Adopted A17.1 (2007) Exclude A17.7

A17.1 (2007) adopted and effective 01/05/09. A17.7 is specifically excluded.

Maryland A17.1 (2007) Adopted A17.1 (2007) A17.1 (2007) adopted 11/06/09, effective 11/16/09. A17.7 (2007) was not specifically excluded in the final rules.

Massachusetts A17.1 (2004) Not yet adopted A17.1 (2004) adopted 07/25/08, effective 07/25/08. A17.7 is not being actively discussed.

Michigan A17.1 (2007) Adopted A17.1 (2007) Exclude A17.7

A17.1 (2007) adopted 04/22/10, effective 06/21/10. The Department has specifically excluded A17.7.

Minnesota A17.1 (2004) Not yet adopted A17.1 (2004) adopted and effective 01/29/07. A17.1 (2007) revisions have been discussed minimally, but no action has been taken to set up adoption committees.





Jurisdiction A17.1 Version A17.1 (2007) and A17.7 Adoption Dates of Adoption/Current Adoption Activity Mississippi N/A N/A Elevator regulation is at the local level.

Missouri A17.1 (2004) Not yet adopted A17.1 (2004) effective 05/30/07. A17.1 revisions are not being actively discussed.

Montana A17.1 (2004) Not yet adopted A17.1 (2004) adopted 01/16/07, effective 01/26/07. Staff reported that the Department intends to present draft amendments to adopt A17.1 (2007) and A17.7 to the Building Codes Council at a future date. After the Building Codes Council reviews the amendments, the Department will hold a public hearing and comment period. The Department intends to adopt the amendments in 2011.

Nebraska A17.1 (2007) Adopted A17.1 (2007) A17.7 adopted 3/14/08

A17.1 (2007) adopted 11/25/08, effective 03/14/09. A17.7 in effect.

Nevada A17.1 (2010) Specifically Adopted A17.1 (2010) and A17.7

The Division of Industrial Relations adopted ASME A17.1 (2010), effective 6/30/11.

New Hampshire A17.1 (2007) Auto Adopted A17.1 (2007), A17.7 confirmed

Automatic adoption of A17.1 (2007), effective 04/06/07. Enforcement of A17.7 confirmed.

New Jersey A17.1(2007) Adopted A17.1 (2007), Exclude A17.7

A17.1 (2007) adopted effective 09/07/10. Specific exclusion of A17.7.

New Mexico A17.1 (2007) Adopted A17.1 (2007) Effective 1/28/11.

New York A17.1 (2007) Adopted A17.1 (2007) Not Specific as to A17.7

A17.1 (2007) effective 12/28/10. The Technical Subcommittee had reservations during the promulgation process of A17.1 (2007) about the implementation of A17.7. A Department Contact in the Codes Division indicated that he would not enforce A17.7 as an alternative method of compliance, but there is uncertainty as to its legal status at this time.

New York City, New York

A17.1 (2000) thru 1b-03

Not yet adopted A17.1 revisions are not being actively discussed.

North Carolina A17.1 (2010) Auto Adopted A17.1 (2010) Enforcing A17.7

Automatic adoption of A17.1 (2010), effective 6/30/11. The Building Code Council (Council) has adopted the 2009 International Building Codes into the 2012 NC State Building Codes. The amendments were approved by the Rules Review Commission. Effective 9/1/11 with a transition date until 3/1/12.

North Dakota A17.1 (2004) & 1a-05 & 1s-05

N/A Effective 1/11/07

Ohio A17.1 (2004) &1a-05 & 1s-05

Not yet adopted On 11/10/11, t he Board of Building Standards (Board) a proposed rule to adopt of A17.1 (2010) and specifically list A17.7 (2007) as an acceptable standard for use in OH.

Oklahoma A17.1 (2007) & 1a-08

Auto Adopted A17.1 (2007) Not Enforcing A17.7

Automatic adoption of A17.1 (2007), effective 11/01/07. Staff indicated that A17.7 is not being and there are no plans to specifically adopt A17.7. Staff reported that they are working with the legal department to review whether or not A17.7 must be enforced as a result of the automatic adoption of A17.1.





Jurisdiction A17.1 Version A17.1 (2007) and A17.7 Adoption Dates of Adoption/Current Adoption Activity Oregon A17.1 (2007) Adopted A17.1 (2007)

Confirmed A17.7 The OR Building Code Division has proposed rules to adopt A17.1 (2010) and A17.7 (2007) specifically). A public hearing was held 12/20/11.

Pennsylvania A17.1 (2000) & 1a-02

Not yet adopted The Elevator Division has begun the process of discussing the adoption of A17.1 (2010). Staff indicated that any changes to the elevator codes will probably not occur for several years.

Rhode Island A17.1 (2007) Auto Adopted A17.1 (2007) Automatic adoption of A17.1, effective 10/06/07. While A17.7 was not excluded in the regulations, staff reported that they do not enforce A17.7.

South Carolina A17.1(2010) Adopted 17.1 (2010) Confirmed A17.7

The Department of Labor, Licensing, and Regulation (Department) adopted ASME A17.1 (2010), including A17.7. Effective 8/23/11.

South Dakota N/A N/A Elevator regulation is at the local level.

Tennessee A17.1 (2004) & 1a-05 & 1s-05

Not yet adopted A17.1 (2004) effective 11/28/06. A17.1 revisions are not being actively discussed.

Texas A17.1(2007) Adopted A17.1 (2007) Exclude A17.7

A17.1 (2007) adopted 05/30/08, effective 06/01/08. Specific exclusion of A17.7.

Utah A17.1 (2007) Adopted A17.1 (2007) Not Enforcing A17.7

A17.1 (2007) adopted 03/21/08, effective 03/24/08. A17.7 was not excluded in the regulations, but state using it only as a consideration for granting variances.

Vermont A17.1 (2007 ) Adopted A17.1 (2007) A17.1 (2007) adopted and effective 11/01/08. No specific exclusion of A17.7 in the regulations.

Virginia A17.1 (2007) Adopted A17.1 (2007) Not Specific as to A17.7

A17.1 (2007) adopted 9/27/2010, effective 1/3/2011. Staff indicated A17.7 was adopted by reference as contained within A17.1 (2007). Staff is not sure at this time whether or not A17.7 will be enforced.

Washington A17.1 (2004) & 1a-05

Not yet adopted A17.1 (2004) adopted 11/18/08, effective 12/19/08. The A17.1 (2007) adoption process is moving very slowly. Effective 11/17/10, Governor Gregoire (D) issued a moratorium on non-critical rule development through 12/31/11. Discussions have begun on code updates, and staff has indicated that it is likely A17.7 will be expressly excluded from any updates.

West Virginia A17.1 (2007) Adopted A17.1 (2007) Not Enforcing A17.7

A17.1 (2007) adopted 05/08/09, effective 06/01/09. A17.7 was not excluded from the regulations, but staff indicated that there are no plans for enforcement.

Wisconsin A17.1 (2007) Adopted A17.1 (2007) Exclude A17.7

A17.1 (2007) adopted 01/01/09, effective 01/01/09. The Department of Commerce is discussing a rulemaking that may include amendments to incorporate by reference A17.1 (2010) and A17.7. Department staff indicated that the Department favors adopting A17.7.

Wyoming N/A N/A Elevator regulation is at the local level.





Jurisdiction A17.1 Version A17.1 (2007) and A17.7 Adoption Dates of Adoption/Current Adoption Activity Canada

Alberta CSA B44 (2007) Not Specific as to A17.7 CSA B44 (2007) effective 05/01/09. A17.7 adopted by reference.

British Columbia CSA B44 (2007) Specifically Adopted A17.7 CSA B44 (2007) effective 02/25/11. A17.7 specifically adopted.

Manitoba CSA B44 (2007) A17.7 adopted 7/7/09 CSA B44 (2007) effective 07/01/09. A17.7 adopted by reference.

New Brunswick CSA B44 (2008a)

Not Specific as to A17.7 CSA B44 (2008a) effective 04/01/10. A17.7 adopted by reference.

Newfoundland CSA B44 (2007) A17.7 adopted 10/6/07 CSA B44 (2007) auto-adopted and effective 10/06/07. A17.7 adopted by reference.

Northwest Territories CSA B44 (2007) A17.7 adopted 9/1/09 CSA B44 (2007) effective 09/01/09. A17.7 adopted by reference.

Nova Scotia CSA B44 (2009b)

A17.7 adopted 10/6/07 CSA B44 (2009b) auto-adopted and effective 06/30/10. A17.7 adopted by reference.

Nunavut CSA B44 (1997S1)

Not yet adopted

Ontario CSA B44 (2007) Confirmed A17.7 CSA B44 (2007) effective 01/01/08. A17.7 specifically adopted in TSSA Code Adoption Document.

Prince Edward Island CSA B44 (2007) A17.7 adopted 10/17/09 CSA B44 (2007) effective 10/17/09. A17.7 adopted by reference.

Quebec CSA B44 (2007) Not Specific as to A17.7 CSA B44 (2007) effective 08/31/08. A17.7 adopted by reference.

Saskatchewan CSA B44 (2002U1)

Not yet adopted

Yukon CSA B44 (1997S1)

Not yet adopted


¹ The Elevator Safety Board adopted A17.1 without an exclusion for A17.7. Nevertheless, Staff stated the Board has no intention of enforcing A17.7. NOTE: The data provided in this chart is a compilation based upon information of which NEII® and its members are aware. The accuracy of the information should be verified with the authority having jurisdiction. Neither NEII® its directors, officers or members will be liable for any inaccuracies or discrepancies in the data. January 2012


ASME A17.1/CSA B44 and ASME A17.7/CSA B44.7 Adoption Chart Please note that any new and/or updated information in the chart will be in red.

Jurisdictions Specifically Adopted Adopted A17.1 Auto Adopted A17.1 Auto Adopted A17.1 Adopted A17.1 Adopted A17.1 Date Adopted Date Effective U.S. A17.1 and A17.7 Confirmed A17.7 Enforcing A17.7 Not Enforcing A17.7 Not Specific A17.7 Exclude A17.7

Alabama X Automatic 6/30/11 Arizona X 5/5/2009 5/5/2009 Arkansas1 X¹ 3/27/2008 3/27/2008 Colorado X 11/10/2008 1/1/2009 Florida X 10/21/11 3/15/12 Georgia X 3/30/2009 4/19/2009 Idaho X 3/30/2010 3/30/2010 Illinois X 5/27/2008 5/27/2008 Chicago, Illinois X 10/7/2009 4/16/2010 Indiana X 3/14/11 4/13/11 Iowa X 5/28/2008 7/23/2008 Kentucky X Pending Rules Pending Rules Louisiana X 11/20/2010 1/1/2011 Maine X 1/5/2009 1/5/2009 Maryland X 11/6/2009 11/16/2009 Michigan X 4/22/2010 6/21/2010 Nebraska X 3/14/2008 3/14/2008 Nevada X 6/30/2011 6/30/2011 New Hampshire X Automatic 4/6/2007 New Jersey X 9/7/2010 9/7/2010 New York1 X1 9/29/2010 12/28/2010 North Carolina X Automatic 10/6/2007 Oklahoma X Automatic 11/2007 Oregon X 1/1/2009 1/1/2009 Rhode Island X Automatic 10/6/2007 South Carolina X 8/29/11 TBD Texas X 5/30/2008 6/1/2008 Utah X 3/21/2008 3/24/2008 Vermont X 11/1/2008 11/1/2008 Virginia X 9/27/2010 1/3/2011 West Virginia1 X1 5/8/2009 6/1/2009 Wisconsin X 1/1/2009 1/1/2009

Canada Alberta X 3/18/2009 5/1/2009 British Columbia X 11/25/2010 2/25/2011 Manitoba X 7/9/2009 New Brunswick X 6/1/2008 Newfoundland X Automatic 10/6/2007 Northwest Territories X 9/1/2009 Nova Scotia X Automatic 6/5/2009 Ontario X 7/16/2007 1/1/2008 Prince Edward Island X 10/17/2009 Quebec X Automatic 8/31/2008


The Model Elevator Law (MEL)Revision 3

A Tutorial for Industry StakeholdersJanuary 2012


Key Terms• NEII® - National Elevator Industry, Inc.

Trade association for firms that install, maintain and or manufacture elevators, escalators and other building transportation products.

• IUEC – International Union of Elevator ContractorsUnion for elevator personnel.

• EIWPF – Elevator Industry Work Preservation FundOrganization created through labor/management contract negotiations to advance MEL and for other purposes.

• MEL, Rev.3 – Model Elevator Law Revision 3

• ASME A17.1/CSA B44 – Safety Code for Elevators and Escalators, an American National Standard.

• ASME A17.3 – Safety Code for Existing Elevators and Escalators, an American National Standard.

• ASME A17.7/CSA B44.7 – The Performance-based Safety Code for Elevators and Escalators, an American National Standard.


MEL Background• Developed jointly by NEII® and IUEC.

• Language from existing laws utilized.

• Considered a safety bill.

• Currently in third revision.

• EIWPF takes the lead in state legislatures.

• NEII® staff and companies provide support.• Provides industry-specific standards for

education, training and safety.

• Creates consistency of requirements across US.


How Does The Process Work

• Assess current laws/rules in each state.

• Identify target states to adopt MEL rev3.

• Consider best approach:– Introduce MEL rev3 as a new bill. – Introduce legislation to supplement current law.– Work to modify legislation already under consideration.– Oppose legislation that adversely effects industry and does

not conform to MEL rev3.

• When needed, EIWPF hires lobbyist(s) to manage bill through process in target states.


Key Provisions• Definitions• Licensing requirements• Elevator Boards• Permits and registration • Inspection and testing• Minimum Insurance• Penalties and appeals • Enforcement• Other


Definitions

• Equipment covered by MEL rev3.

• Equipment NOT covered by MEL rev3.

• Terms specific to provisions in bill.– Administrators, Board, licensee and various licenses.

• Industry standards.– Chapters of ASCE, ASME related to building transportation.

• Industry terms.


Licensing requirements

• Requires contractor, mechanic and inspector licenses.

• Defines qualifications.– Experience, education, reciprocity with other states.

• Outlines renewal frequency and continuing education requirements.

• Provides for:– Establishment of license fees.

– Emergency and temporary license.


Elevator Boards

• Establishes a Board.

• Identifies Board membership and terms.– Suggests nine (9) members to serve three year terms.

– Members to represent diverse stakeholders.

• Outlines meeting frequency and powers.– Recommend changes to law as needed.

– Grant exceptions and variances.

– Establish rules to implement provisions of MEL rev3.

– Set fees for licenses, inspections, permits, etc.

– Hearings and appeals.


Permits and registration

• Existing conveyances must register.

• Permits required for new conveyances and alterations of existing equipment.

• Identifies permit application requirements.

• Outlines when permits can be revoked or expire.

• Permits issued to licensed contractors only.


Inspection and testing

• Annual inspections by licensed inspector required.

• Certificates of Operation must be obtained before conveyance is utilized.

• Certificates of Operation must be displayed.

• Elevator Contractor must ensure all tests are completed in compliance with codes.

• Violations must be corrected before operation.

• Separate requirements for private residences.


Minimum Insurance

• Elevator Contractors and Elevator Inspectors must carry the following:

– General liability coverage of at least $1,000,0000 for injury or death.

– At least $500,000 coverage for property damage.

– Compliance with applicable worker’s compensation insurance coverage.

• Certified copies of the insurance policies shall be submitted to the appropriate authority.


Penalties and appeals

• Civil penalties apply to licensing infractions.

• Hearings must occur before a license is revoked or suspended.

• Entities may appeal revocation or suspension of a license to the Board.

• Decisions issued within thirty days of any hearing.

• Penalties shall not exceed $1500 and/or thirty days in jail.


Enforcement

• Board will establish enforcement program to ensure compliance with MEL rev3, including:

– What property is subject to law.

– Random inspections and testing, witness as needed.

– Notification of violations.

– Public awareness programs.

• Allowance for requesting investigations.

• Determination of violations and danger.


Other• Law does not relieve or lessen liability.

• State does not assume liability due to program.

• Provisions are not retroactive unless otherwise stated.

• State law prevails when inconsistencies arise.

• Conveyances should be in compliance with applicable state building codes.

• Requires adoption of most recent model codes and standards within six months of publication.

– Any modification(s) must be justified.


States with an MEL

• Alabama

• Arkansas

• California

• Colorado

• DC

• Florida

• Illinois

• Indiana

• Kentucky

• Maine

• Maryland

• Missouri*

• Montana

• Nebraska

• Oklahoma

• Vermont

• Virginia

• Washington

• West Virginia

• Wisconsin

*has Board and comparable rules, but did not pass MEL


Current MEL Target States

• Louisiana

• Mississippi

• Nebraska

• New Mexico

• Ohio

• Pennsylvania

• Tennessee

• Wisconsin


Ways to Get Involved

• Amy Blankenbiller, NEII® Government Affairs Consultant, is the key contact for company reps and other stakeholders.– [email protected]

• Gregg Rogers, National Coordinator EIWPF, is the key contact for the IUEC and other stakeholders.– [email protected]




National Elevator Industry, Inc.2011 GAC Services

Budget Report (1)

C:\Documents and Settings\Amy.YOUR-4DACD0EA75\My Documents\NEII\GAC\Budget\2011\2011 NEII GAC Budget 1-4-12.xlsxPage 1 1:14 PM 1/9/2012

BILL DATE ISSUE & FIRM FIXED PRICE CONTRACT

CONTRACT PAYMENT

BALANCE OF CONTRACT

OTHER PAYMENTS

TOTAL PAID LEGISLATIVE LOBBYING %

REPORTABLE LOBBYING EXPENSES

MONITORINGLegislative & Regulatory MonitoringStateside Associates $126,000.00

31-Jan-11 Services Jan 1 - Jan 31 $10,500.00 0% $0.001-Mar-11 Services Feb 1 - Feb 28 $10,500.00 0% $0.0028-Mar-11 Services Mar 1 - Mar 31 $10,500.00 0% $0.0016-May-11 Services Apr 1 - Apr 30 $10,500.00 0% $0.0027-May-11 Services May 1 - May 31 $10,500.00 0% $0.0029-Jun-11 Services Jun 1 - Jun 30 $10,500.00 0% $0.0026-Jul-11 Services Jul 1 - Jul 31 $10,500.00 0% $0.0030-Aug-11 Services Aug 1 - Aug 31 $10,500.00 0% $0.0029-Sep-11 Services Sep 1 - Sep 30 $10,500.00 0% $0.0031-Oct-11 Services Oct 1 - Oct 31 $10,500.00 0% $0.0029-Nov-11 Services Nov 1 - Nov 30 $10,500.00 0% $0.0021-Dec-11 Services Dec 1 - Dec 31 $10,500.00 $0.00 0% $0.00

Elevator Safety Board DirectoryStateside Associates $8,000.00

28-Mar-11 Semiannual Update $4,000.00 0% $0.0029-Sep-11 Semiannual Update $4,000.00 $0.00 0% $0.00

TOTAL MONITORING $134,000.00 $134,000.00 $0.00 $0.00 $134,000.00

MODEL ELEVATOR LAW (MEL) DATABASEStateside Associates $10,000.00

28-Mar-11 Quarterly Update $2,500.00 0% $0.0029-Jun-11 Quarterly Update $2,500.00 0% $0.0029-Sep-11 Quarterly Update $2,500.00 0% $0.0021-Dec-11 Quarterly Update $2,500.00 $0.00 0% $0.00

TOTAL MEL DATABASE $10,000.00 $10,000.00 $0.00 $0.00 $10,000.00

LOBBYING

CaliforniaGreenbergTraurig $20,000.00

8-Mar-11 Services Feb 1 - Feb 28 $4,000.00 0% $0.00 Travel and Lodging Out of Town $58.00 0% $0.00

8-Mar-11 Services Mar 1 - Mar 31 $4,000.00 0% $0.001-Apr-11 Services Apr 1 - Apr 30 $4,000.00 0% $0.00

Conference Calls $12.12 0% $0.001-May-11 Services May 1 - May 31 $4,000.00 0% $0.007-Jun-11 Services Jun 1 -Jun 31 $4,000.00 $0.00 0% $0.00

Hawaii10-May-11 Lo'ihi Communications $1,047.20 100% $1,047.20

31-May-11 Lo'ihi Communications $2,000.0029-Jul-11 Services $2,000.00 $0.00 0% $0.00

6-Sep-11 Lo'ihi Communications $10,000.009-Oct-11 Services Sep 1 - Sep 30 $2,500.00 0% $0.00

General Excise Tax $118.00 0% $0.009-Oct-11 Services Oct 1 - Oct 31 $2,500.00 0% $0.00

General Excise Tax $118.00 0% $0.0015-Dec-11 Services Nov 1 - Nov 30 $2,500.00 25% $625.00

General Excise Tax $118.00 25% $29.5031-Dec-11 Services Dec 1 - Dec 31 $2,500.00 25% $625.00

General Excise Tax $0.00 $118.00 25% $29.50

IllinoisLawrence J Suffredin Jr. $24,000.00

25-Mar-11 Services 1st Quarter $6,000.00 60% $3,600.00

15-Jun-11 Services 2nd Quarter $6,000.00 60% $3,600.00

19-Sep-11 Services 3rd Quarter $6,000.00 20% $1,200.00

5-Dec-11 Services 4th Quarter $6,000.00 $0.00 20% $1,200.00

Maryland

Rifkin, Livingstone, Levitan & Silver, LLC (2) $2,500.003-Jan-11 Services Jan 1 - Jan 31 $2,500.00 $0.00 100% $2,500.00

11-Apr-11 Rifkin, Livingstone, Levitan & Silver, LLC $30,000.0025-May-11 Services Apr 1 - Apr 31 $3,333.00 70% $2,333.10

Meeting Expenses $362.93 70% $254.0525-May-11 Services May 1 - May 31 $3,333.00 40% $1,333.201-Jun-11 Services Jun 1 - Jun 30 $3,333.00 40% $1,333.206-Jul-11 Services Jul 1 - Jul 31 $3,333.00 40% $1,333.202-Aug-11 Services Aug 1 - Aug 31 $3,333.00 40% $1,333.20



Budget Report (1)



CONTRACT PAYMENT

BALANCE OF CONTRACT

OTHER PAYMENTS



1-Sep-11 Services Sep 1 - Sep 30 $3,333.00 40% $1,333.2010-Oct-11 Services Oct 1 - Sep 31 $3,333.00 40% $1,333.20

Transportation to Board Mtg $26.32 0% $0.00 Conference Expenses (DGA, MACO, MML) $212.63 0% $0.00

3-Nov-11 Services Nov 1 - Nov 30 $3,333.00 40% $1,333.201-Dec-11 Services Dec 1 - Dec 31 $3,333.00 $3.00 40% $1,333.20

Transportation to Meetings $186.59 0% $0.00

MassachusettsFerriter Scobbo & Rodophele $48,000.00

31-Jan-11 Services Jan 1 - Jan 31 $4,000.00 0% $0.0012-Feb-11 Services Feb 1 - Feb 28 $4,000.00 0% $0.0011-Mar-11 Services Mar 1 - Mar 31 $4,000.00 0% $0.0012-Apr-11 Services Apr 1 - Apr 30 $4,000.00 50% $2,000.0017-Jun-11 Services May 1 - May 31 $4,000.00 100% $4,000.0017-Jun-11 Services Jun 1 - Jun 30 $4,000.00 50% $2,000.0029-Jul-11 Services Jul 1 - Jul 31 $4,000.00 25% $1,000.008-Aug-11 Services Aug 1 - Aug 31 $4,000.00 0% $0.008-Sep-11 Services Sep 1 - Sep 30 $4,000.00 0% $0.006-Oct-11 Services Oct 1 - Sep 31 $4,000.00 0% $0.009-Nov-11 Services Nov 1 - Nov 30 $4,000.00 0% $0.007-Dec-11 Services Dec 1 - Dec 31 $4,000.00 $0.00 0% $0.00

MissouriLewisRice Fingersh L.C. $25,000.00

1-Apr-11 Services Apr 1 - Apr 30 $5,000.00 100% $5,000.001-May-11 Services May 1 - May 31 $2,500.00 100% $2,500.001-Jun-11 Services Jun 1 - Jun 30 $2,500.00 50% $1,250.001-Jul-11 Services Jul 1 - Jul 31 $2,500.00 50% $1,250.0015-Aug-11 Services Aug 1 - Aug 31 $2,500.00 50% $1,250.001-Sep-11 Services Sep 1 - Sep 30 $2,500.00 50% $1,250.0021-Nov-11 Services Oct 1 - Sep 31 $2,500.00 50% $1,250.007-Dec-11 Services Nov 1 - Nov 30 $2,500.00 25% $625.0023-Dec-11 Services Dec 1 - Dec 31 $2,500.00 $0.00 50% $1,250.00

Nevada

Lionel, Sawyer & Collins (2) $5,000.0010-Jan-11 Services Jan 1 - Jan 31 $5,000.00 $0.00 100% $5,000.00

Lionel, Sawyer & Collins (3) $29,000.009-Mar-11 Services Feb 1 - Feb 28 $5,000.00 80% $4,000.00

Chash Disbursements $323.51 80% $258.815-Apr-11 Services Mar 1 - Mar 31 $6,000.00 80% $4,800.005-May-11 Services Apr 1 - Apr 30 $6,000.00 80% $4,800.006-Jun-11 Services May 1 - May 30 $6,000.00 100% $6,000.0012-Jul-11 Services Jun 1 - Jun 30 $6,000.00 $0.00 7% $420.00

Lionel, Sawyer & Collins (4) $18,000.003-Aug-11 Services Jul 1 - Jul 31 $3,000.00 0% $0.008-Sep-11 Services Aug 1 - Aug 31 $3,000.00 0% $0.005-Oct-11 Services Sep 1 - Sep 30 $3,000.00 0% $0.003-Nov-11 Services Oct 1 - Sep 31 $3,000.00 0% $0.002-Dec-11 Services Nov 1 - Nov 30 $3,000.00 $3,000.00 0% $0.00

South CarolinaMG&C Consulting Services, LLC $5,000.00

10-Oct-11 Consulting Fee - 1st Installment $2,500.00 0% $0.0030-Dec-11 Consulting Fee - 2nd Installment $2,500.00 $0.00 0% $0.00

TOTAL LOBBYING $218,500.00 $215,497.00 $3,003.00 $2,701.30 $218,198.30

PBC PROJECTStateside Associates Inc. $15,000.00

31-Jan-11 Services Jan 1 - Jan 31 $7,500.00 0% $0.001-Mar-11 Services Feb 1 - Feb 28 $7,500.00 $0.00 0% $0.00

CalifornaGreenbergTraurig $40,000.00

4-Mar-11 Services 1st Quarter $10,000.00 0% $0.00

7-Apr-11 Services 2ndQuarter $10,000.00 0% $0.00

1-Jul-11 Services 3rd Quarter $10,000.00 0% $0.00

1-Dec-11 Services 4th Quarter $10,000.00 $0.00 0% $0.00

TOTAL PBC PROJECT $55,000.00 $55,000.00 $0.00 $0.00 $55,000.00

$417,500.00 $414,497.00 $3,003.00 $2,701.30 $417,198.30TOTAL MONITORING, MEL DATABASE, LOBBYING & PBC PROJECT (1)



Budget Report (1)



CONTRACT PAYMENT

BALANCE OF CONTRACT

OTHER PAYMENTS



$77,612.76

NOTES: (1) NEII 2011 GAC Services Budget $475,000.00(2) Final payment on 2010 contract.(3) Contract for services in Jan - Jun 2011(4) Contract for services in Jul - Dec 2011

TOTAL REPORTABLE FEDERAL LOBBYING DISCOSURE ACT



2012 GAC Services

Budget Report (1)

BILL DATE ISSUE & FIRM FIXED PRICE

CONTRACT

CONTRACT

PAYMENT

BALANCE OF

CONTRACT

OTHER

PAYMENTS

TOTAL PAID LEGISLATIVE

LOBBYING %

REPORTABLE

LOBBYING

EXPENSES

MONITORING

Legislative & Regulatory Monitoring

Stateside Associates $126,000.00

27-Jan-12 Services Jan 1 - Jan 31 $10,500.00 $115,500.00 0% $0.00

Elevator Safety Board Directory

Stateside Associates $8,000.00 $8,000.00

TOTAL MONITORING $134,000.00 $10,500.00 $123,500.00 $0.00 $10,500.00

MODEL ELEVATOR LAW (MEL) DATABASE

Stateside Associates $10,000.00 $10,000.00

TOTAL MEL DATABASE $10,000.00 $0.00 $10,000.00 $0.00 $0.00

LOBBYING

California

GreenbergTraurig $40,000.00 $40,000.00

Hawaii

Lo'ihi Communications $15,000.00 $15,000.00

Illinois

Lawrence J. Suffredin Jr. $30,000.00 $30,000.00

Massachusetts

Ferriter Scobbo & Rodophele PC $48,000.00

18-Jan-12 Services Jan 1 - Jan 31 $4,000.00

Lobbyist Registration Fee $44,000.00 $100.00 0% $0.00

Missouri

LewisRice $12,000.00

24-Jan-12 Services Jan 1 - Jan 31 $1,000.00 $11,000.00 15% $150.00

Nevada

Lionel Sawyer & Collins $18,000.00 $18,000.00

TOTAL LOBBYING $163,000.00 $5,000.00 $158,000.00 $100.00 $5,100.00

$307,000.00 $15,500.00 $291,500.00 $100.00 $15,600.00

$150.00

NOTES:

(1) NEII 2011 GAC Services Budget $475,000.00

TOTAL MONITORING, MEL DATABASE, LOBBYING & PBC PROJECT (1)

TOTAL REPORTABLE FEDERAL LOBBYING DISCOSURE ACT

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Attachment 9 Page 1 or 1

NATIONAL ELEVATOR INDUSTRY, INC.

ELEVATOR INSPECTION POLICY Policy

To formulate, disseminate, implement and establish guidelines for NEII members (regular and special) to assure competent inspections in conformance with the Safety Code for Elevators and Escalators ASME A17.1/CSA B44, Part X Sections 8.10 and 8.11. Objectives

To provide information and guidance to members on NEII position regarding personnel performing inspections and tests of elevators and escalators. Background

1 The elevator industry nationwide has achieved an outstanding safety record due to the industry's adherence to the requirements in ASME A17.1. 2. The industry has a long standing policy of encouraging the adoption and enforcement of ASME A17.1/CSA B44 by Authorities Having Jurisdiction. 3. The industry has encouraged the Authorities Having Jurisdiction to employ qualified personnel and has worked with them to that end. 4. NEII member companies have supported the continuing education of inspectors and in conjunction with NAESA has been instrumental in the formation of the ASME Qualifications of Elevator Inspectors (QEI) Committee and Standard (ASME QEI-1). 5. The public interest and public safety have been protected in the past with rigorous code enforcement by qualified elevator inspectors employed by Authorities Having Jurisdiction. 6. Under the guise of fiscal restraints a number of Authorities Having Jurisdiction are reassessing their elevator inspection programs and mandating it be performed by personnel not employed by the AUTHORITIES HAVING JURISDICTION. 7. In most areas where inspections are performed by other than the AUTHORITIES HAVING JURISDICTION or qualified elevator company personnel, the high quality of professionalism found with inspectors employed by the AUTHORITIES HAVING JURISDICTION have not been demonstrated. 8. In numerous instances "third party inspectors" have improperly demanded compliance with ASME A17.1 requirements which are not applicable. This establishes conflicts with customers and improperly burdens the elevator company with time and expense needed to rectify this situation. 9. There have been incidents where "third party inspectors" have spoken negatively about the elevator contractor and suggested that competitors be given the maintenance contract.

Plan of Action

1. To develop and maintain liaisons with governmental bodies in order to be alert to any pending legislation that affect elevator inspections. 2. To support the retention or adoption of an elevator inspection program conforming to ASME A17.1/CSA B44 which is administered by inspectors employed by Authorities Having Jurisdiction. 3. When it is inevitable that Authorities Having Jurisdiction are not going to employ elevator inspectors, elevator companies should not be precluded from inspecting elevators they


NATIONAL ELEVATOR INDUSTRY, INC. ELEVATOR INSPECTION POLICY

maintain. To assure a high level of quality and uniformity of inspection, elevator companies who elect to perform inspections must be entitled to select personnel to perform inspections. Elevator companies should utilize non-bargaining unit personnel for these tasks. 4. Properly regulated self inspection should not be construed as a "conflict of interest". It has a proven track record which can best be illustrated by the safety record of the aviation industry. 5. To assure a program of equitable enforcement, inspections should conform to the requirements of ASME A17.1 Safety Code for Elevators and Escalators including the provision (A17.1/B44, Rule 1000.1 Sections 8.10.1.1(c) and 8.11.1.1) that inspectors be certified by an accredited ASME QEI organization. 6. Encourage the interested Authorities Having Jurisdiction to join with National Elevator Industry, Inc. in the establishment of a task force to address issues of common concern.

Organization

No organizational changes are required. Motivation

For successful implementation of this policy, it is imperative that members take an active role in keeping abreast of any legislative development in this area. Control

The NEII Central Code Committee shall administer this policy and provide periodic reports to the Board of Directors.

Where possible, the Area Code Committees, the Code and Safety Consultant to NEII and NEII staff shall be used in the implementation of this policy. Approved NEII Board of Directors: xxxx


NATIONAL ELEVATOR INDUSTRY, INC. LICENSING POLICY

Policy

To formulate, disseminate, implement and maintain a program that will strive to make the licensing of elevator journeymen a structured and meaningful process that will insure a commitment to career-long education for those who perform work on equipment installed and serviced by the elevator industry, to assure the adoption of the most recent version of the ASME A 17 elevator codes and a process for the adjudication of differences and at the same time insure that the riding public is protected from interruptions in the service of elevator and escalator equipment.

Objective

The NEll Central Code Committee, in conjunction with the NEll National Labor Committee, shall provide information and guidance to members in support of a position that is proposed for the licensing of elevator journeymen.

Background

1. The elevator industry nationwide has achieved an outstanding safety record utilizing trained journeymen.

2. The public interest and the public safety is protected by rigorous code enforcement. 3. Responsibility for the safety and quality of an elevator, escalator and moving walk

installation and service is ultimately assumed by the contractor. 4. Contractors, journeymen and inspectors must update their skills and knowledge as

new technology is introduced. 5. Licensing of contractors, journeymen and inspectors must not be used as a tool to

control the workforce but as a tool to assure that a trained and qualified workforce is available to the industry.

Plan of Action

1. To develop and maintain liaisons with governmental bodies in order to be alert to any pending legislation that may lead to the institution of licensing or to the alteration of existing licensing procedures.

2. Notify the NEll office of any pending licensing legislation so that a timely and appropriate response and/or action by the industry may be forthcoming.

3. NEll will support licensing of elevator contractors, journeyman and inspectors where the key provisions in the "Model Elevator Law" (copy attached) are included, in pending legislation.

4. NEll will vigorously oppose any licensing that does not include the key provisions in the "Model Elevator Law".

5. NEll will vigorously oppose any attempt to require separate electrical licensing of elevator contractors and/or journeymen.

Organization

No organizational changes are required.


NATIONAL ELEVATOR INDUSTRY, INC. LICENSING POLICY Page2

Motivation

For successful implementation of this policy, it is imperative that members take an active role in keeping abreast of any legislative developments in this area.

Control

NEll Central Code and National Labor Committees shall execute this policy and provide periodic reports to the Board of Directors.

Where possible. the Area Code Committees, Area Labor Committees and the NEll staff shall be used in the implementation of this policy.

Approved NEll Board of Directors: November 1, 2001
