LRB-4221/1
MGG:wlj&lmk:rs
2007 - 2008 LEGISLATURE
March 4, 2008 - Introduced by Senator Plale, cosponsored by Representative
Kleefisch. Referred to Committee on Commerce, Utilities and Rail.
SB554,1,12 1An Act to renumber and amend 101.981 (1) (c); to amend 101.19 (1) (k),
2101.983 (1) (a), 101.983 (2) (a), 101.983 (2) (c), 101.983 (2) (d), 101.984 (1),
3101.984 (2) (a) and 101.984 (2) (b); to create 101.981 (1) (c) 5., 101.9815,
4101.983 (3) and 101.984 (2m) of the statutes; and to affect 2005 Wisconsin Act
5456
, section 7 (2), 2005 Wisconsin Act 456, section 7 (3) and 2005 Wisconsin Act
6456
, section 7 (5); relating to: exempting certain lifts from the statutes
7regulating the installation of elevators and similar conveyances, exempting
8personnel hoists and material hoists from the statutes regulating the
9installation and operation of elevators and similar conveyances, rules
10implementing the statutes regulating the installation and operation of
11elevators and similar conveyances, and delaying the effective date for statutes
12regulating the installation and operation of elevators and similar conveyances.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Commerce (Commerce) regulates the
installation, alteration, and operation of elevators, escalators, and similar

conveyances. This law requires Commerce to promulgate a safety code for installing
and operating these conveyances, and the law requires persons installing and
operating elevators to hold licenses or permits. These provisions were effective June
1, 2007. This bill delays this effective date to June 1, 2008.
The bill also excludes platform lifts, stairway chair lifts, and similar lifts that
move people and that serve personal residences from these licensing and permitting
requirements.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB554, s. 1 1Section 1. 101.19 (1) (k) of the statutes, as created by 2005 Wisconsin Act 456,
2is amended to read:
SB554,2,73 101.19 (1) (k) Administering subch. VII, except that the department may not
4charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (c) or
5a conveyance operation permit under s. 101.983 (2) for a platform lift, stairway chair
6lift, or any other lift in a private residence
. This paragraph applies beginning on
7June 1, 2008
.
SB554, s. 2 8Section 2. 101.981 (1) (c) of the statutes is renumbered 101.981 (1) (c) (intro.)
9and amended to read:
SB554,2,1410 101.981 (1) (c) (intro.) "Conveyance" means an elevator, an escalator, a
11dumbwaiter, a belt manlift, a moving walkway, a platform lift, a personnel hoist, a
12material hoist
and a stairway chair lift, and any other similar device, such as an
13automated people mover, used to elevate or move people or things, as provided in the
14rules of the department. "Conveyance" does not include a any of the following:
SB554,2,15 151. A grain elevator a.
SB554,2,16 162. A ski lift or towing device, or an.
SB554,2,17 173. An amusement or thrill ride.
SB554, s. 3
1Section 3. 101.981 (1) (c) 5. of the statutes is created to read:
SB554,3,22 101.981 (1) (c) 5. A personnel hoist or a material hoist.
SB554, s. 4 3Section 4. 101.9815 of the statutes is created to read:
SB554,3,5 4101.9815 Applicability. Sections 101.983, 101.984, 101.985, and 101.988
5apply beginning on June 1, 2008.
SB554, s. 5 6Section 5. 101.983 (1) (a) of the statutes, as created by 2005 Wisconsin Act 456,
7is amended to read:
SB554,3,118 101.983 (1) (a) Permit required. No Except as provided in sub. (3), no person
9may construct, install, or alter a conveyance in this state unless an elevator
10contractor licensed by the department under s. 101.985 (1) has received a permit for
11the construction, installation, or alteration from the department.
SB554, s. 6 12Section 6. 101.983 (2) (a) of the statutes, as created by 2005 Wisconsin Act 456,
13is amended to read:
SB554,3,1814 101.983 (2) (a) Permit required. No Except as provided in sub. (3), no person
15may allow a conveyance to be operated on property owned by the person unless the
16person has received a permit for the operation from the department. The department
17may not issue a permit required under this paragraph until all inspections required
18under par. (c) are completed.
SB554, s. 7 19Section 7. 101.983 (2) (c) of the statutes, as created by 2005 Wisconsin Act 456,
20is amended to read:
SB554,4,1021 101.983 (2) (c) Inspections. The department may not issue or renew a permit
22under this subsection unless the department has received an inspection report for
23the conveyance issued by an elevator inspector licensed under s. 101.985 (3)
24indicating that the conveyance complies with this subchapter and any applicable
25rules promulgated under this subchapter. Upon request of the owner of a private

1residence containing a newly installed platform lift, stairway chair lift, or residential
2lift or of the new owner of a private residence containing a previously installed
3platform lift, stairway chair lift, or residential lift, the department shall inspect the
4lift or equipment for compliance with this subchapter and any applicable rules
5promulgated under this subchapter. This inspection by the department does not
6exempt the owner from the requirement to ensure that the department receives an
7inspection report from a licensed elevator inspector. Upon performing this
8inspection, the department shall give the owner notice of relevant conveyance safety
9requirements and shall instruct the owner as to the procedure for obtaining periodic
10inspections and renewing the permit under which the lift or equipment is operated.
SB554, s. 8 11Section 8. 101.983 (2) (d) of the statutes, as created by 2005 Wisconsin Act 456,
12is amended to read:
SB554,4,1913 101.983 (2) (d) Term and posting requirements. A permit issued under this
14subsection has a term of one year, except that a permit applicable to a platform lift,
15stairway chair lift, or residential lift in a private residence is valid until ownership
16of the private residence is transferred, at which time the new owner shall apply for
17renewal of the permit under par. (b)
. The owner of the building or residence in which
18a conveyance is located shall display the permit under par. (a) applicable to the
19conveyance on or in the conveyance or, if applicable, in the machinery room.
SB554, s. 9 20Section 9. 101.983 (3) of the statutes is created to read:
SB554,4,2521 101.983 (3) Residential lifts. The permit requirements under subs. (1) and
22(2) do not apply to the construction, installation, alteration, or operation of a platform
23lift, a stairway chair lift, or any other type of lift that moves people if the platform
24lift, stairway chair lift, or other type of lift serves an individual residential dwelling
25unit.
SB554, s. 10
1Section 10. 101.984 (1) of the statutes, as created by 2005 Wisconsin Act 456,
2is amended to read:
SB554,5,63 101.984 (1) Elevator contractor. No Except as provided in sub. (2m), no
4person may engage in the business of constructing, installing, altering, servicing,
5replacing, or maintaining conveyances in this state unless the person is licensed as
6an elevator contractor under s. 101.985 (1).
SB554, s. 11 7Section 11. 101.984 (2) (a) of the statutes, as created by 2005 Wisconsin Act
8456
, is amended to read:
SB554,5,139 101.984 (2) (a) Generally. Except as provided in par. (c) and sub. (2m), no
10individual may erect, construct, alter, replace, maintain, repair, remove, or
11dismantle any conveyance in this state unless the individual is licensed as an
12elevator mechanic under s. 101.985 (2) or is under the direct supervision of a person
13licensed as an elevator contractor under s. 101.985 (1).
SB554, s. 12 14Section 12. 101.984 (2) (b) of the statutes, as created by 2005 Wisconsin Act
15456
, is amended to read:
SB554,5,2016 101.984 (2) (b) Electrical construction. Except as provided in par. (c) and sub.
17(2m)
, no individual may wire any conveyance in this state from the mainline feeder
18terminals on the controller unless the individual is licensed as an elevator mechanic
19under s. 101.985 (2) or is under the direct supervision of a person licensed as an
20elevator contractor under s. 101.985 (1).
SB554, s. 13 21Section 13. 101.984 (2m) of the statutes is created to read:
SB554,6,222 101.984 (2m) Residential lifts. The licensing requirements under subs. (1)
23and (2) (a) and (b) do not apply to the erection, construction, installation, alteration,
24servicing, replacement, maintenance, repair, removal, dismantling, or wiring of a
25platform lift, a stairway chair lift, or any other type of lift that moves people if the

1platform lift, stairway chair lift, or other type of lift serves an individual residential
2dwelling unit.
SB554, s. 14 3Section 14. 2005 Wisconsin Act 456, section 7 (2) is amended to read:
SB554,6,194[2005 Wisconsin Act 456] Section 7 (2) Emergency rules. Using the procedure
5under section 227.24 of the statutes, the department of commerce shall may
6promulgate as emergency rules the rules required under subchapter VII of chapter
7101 of the statutes, as created by this act, and under section 101.19 (1) (k) of the
8statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the
9statutes, the emergency rules promulgated under this subsection may remain in
10effect until the date on which the permanent rules required under subchapter VII
11of chapter 101 of the statutes, as created by this act, and under section 101.19 (1) (k)
12of the statutes, as created by this act, take effect. Notwithstanding section 227.24
13(1) (a) and (3) of the statutes, the department of commerce is not required to provide
14evidence that promulgating rules under this subsection as emergency rules is
15necessary for the preservation of the public peace, health, safety, or welfare and is
16not required to provide a finding of emergency for the rules promulgated under this
17subsection. The department of commerce shall promulgate the rules required under
18this subsection no later than the first day of the 9th month beginning after the
19effective date of this subsection.
SB554, s. 15 20Section 15. 2005 Wisconsin Act 456, section 7 (3) is amended to read:
SB554,7,421[2005 Wisconsin Act 456] Section 7 (3) Effect on collective bargaining
22agreements.
If a person is affected by a collective bargaining agreement that is in
23effect on the effective date of this subsection June 1, 2008, and that contains
24provisions that are inconsistent with subchapter VII of chapter 101 of the statutes,
25as created by this act, then, notwithstanding subchapter VII of chapter 101 of the

1statutes, as created by this act, the person may perform its obligations, and exercise
2its rights, under those provisions of the collective bargaining agreement until the
3collective bargaining agreement expires or is extended, modified, or renewed,
4whichever occurs first.
SB554, s. 16 5Section 16. 2005 Wisconsin Act 456, section 7 (5) is amended to read:
SB554,7,156[2005 Wisconsin Act 456] Section 7 (5) Grace period for obtaining permit to
7operate existing conveyances.
Notwithstanding section 101.983 (2) of the statutes,
8as created by this act, the owner or lessee of any conveyance, as defined in section
9101.981 (1) (c) of the statutes, as created by this act, in operation on the effective date
10of this subsection
June 1, 2008, shall obtain the permit required under section
11101.983 (2) of the statutes, as created by this act, no later than the first day of the
126th month beginning after the effective date of this subsection June 1, 2008. This
13subsection does not apply to any person required to obtain a permit under rules of
14the department of commerce that are in effect before the effective date of this
15subsection.
SB554,7,1616 (End)
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