Mo. Code Regs. tit. 11 § 40-5.120

Current through Register Vol. 49, No.12, June 17, 2024

Section 11 CSR 40-5.120 - Inspectors

PURPOSE: This amendment is needed due to the fact that the American Society of Mechanical Engineers has discontinued their qualified elevator inspector certification process. The change allows for the acceptance of a national or internationally recognized organization that provides an elevator inspector certification program. The amendment also adds additional causes for action on a license by the Board.

(1) Certification Required. The inspection of all elevator equipment required by sections 701.350-701.380, RSMo and these rules and regulations shall be made only by a licensed inspector certified by the board.

(A) Inspectors certified by the board and directly employed by the state, municipality, political subdivision, or authorized representative in a full-time position are exempt from the insurance requirements listed herein, until such time as they perform inspections outside the jurisdiction of the governing authority.

(2) Qualification of Special Inspector. To be eligible for a license to inspect elevator equipment, the applicant or licensee shall-

(A) Have a high school diploma or general educational development (GED) equivalent;

(B) Have had at least four (4) years experience in some mechanical or electrical endeavor, at least one (1) year of which shall have been in the design, construction, installation, repair, or inspection of elevators. The non-elevator, mechanical, or electrical experience shall be at the journeyman mechanical level or technical work and the work must have been comparable to work in the elevator industry. Engineering education on a college level may be substituted on a year-for-year basis for the non-elevator qualifying experience. The one (1) year of required elevator experience may be on the basis of continuous employment for one (1) year in which at least half (1/2) of the applicant's time is devoted to elevator work;

(C) Have successfully passed the written examination for elevator inspectors administered by an association accredited by a nationally or internationally recognized organization and evidenced by a certification of the applicant or licensee as a qualified elevator inspector (QEI). This is commonly referred to as being QEI certified;

(D) Have submitted proof of insurance coverage insuring the applicant against professional liability, insurance covering the errors and omissions of the applicant and commercial general liability coverage, with an occurrence limit of not less than one (1) million dollars and a general aggregate limit of not less than three (3) million dollars. Additionally, insurance coverage of an employer for whom the special inspector is employed shall be considered to comply with the aforementioned, if the coverage provides equivalent coverage for each special inspector; and

(E) Have no direct financial interest in any business or operation which manufactures, installs, repairs, modifies, or services elevator equipment. This qualification does not prohibit employees of insurance companies insuring automatic elevator equipment from obtaining a license as an inspector.

(3) Grandfather Clause for Special Inspector. All special inspectors shall have one (1) year from the effective date of these rules and regulations to meet the qualifications established by sections 701.350-701.380, RSMo. At the end of one (1) year from the effective date of these rules and regulations, the applicant must comply with the requirements as defined in 11 CSR 40-5.120 as listed herein.

(4) Qualifications of Municipal or Political Subdivision Inspector. To be eligible for a license to inspect elevator equipment for a municipality or political subdivision, the applicant or licensee shall meet the requirements listed in subsections 11 CSR 40-5.120(2)(A), (2)(B), (2)(C), and (2)(E). If applicant or licensee does not meet these requirements then (4)(A), (4)(B), (4)(C), and (4)(F) shall be met:

(A) Have a high school diploma or general educational development (GED) equivalent;

(B) Have had at least one (1) year experience in some mechanical or electrical endeavor. The mechanical or electrical experience shall be at the journeyman mechanical level or technical work and the work must have been comparable to work in the elevator industry. Engineering education on a college level may be substituted on a year-for-year basis for the qualifying experience;

(C) Have successfully passed the written examination for elevator inspectors administered by an association accredited by the American Society of Mechanical Engineers and evidenced by a certification of the applicant or licensee as a qualified elevator inspector (QEI). This is commonly referred to as being QEI certified. If applicant or licensee does not meet subsections (4)(A), (4)(B), (4)(C) and (4)(F) then (4)(D), (4)(E), and (4)(F) shall be met;

(D) Have successfully completed the Building Officials Code Administrators (BOCA) certification program for elevator inspector and evidenced by a certification of the applicant or licensee as a BOCA certified elevator inspector, or a nationally recognized elevator certification program approved by the Elevator Safety Board;

(E) Attend one (1) continuing education and certification class per year as approved by the Missouri Elevator Safety Board; and

(F) Have no direct financial interest in any business or operation that manufactures, installs, repairs, modifies, or services elevator equipment. This qualification does not prohibit employees of insurance companies insuring automatic elevator equipment from obtaining a license as an inspector. If applicant or licensee does not meet subsections (4)(D), (4)(E), and (4)(F) then section (5) candidate's license requirements shall be met.

(5) Apply for a Candidate's License to the Missouri Elevator Safety Board. To be eligible for and to maintain a candidate's license to inspect elevator equipment for a municipality or political subdivision the applicant shall-

(A) Have a high school diploma or general educational development (GED) equivalent;

(B) Have had at least one (1) year experience in some mechanical or electrical endeavor. The mechanical or electrical experience shall be at the journeyman mechanical level or technical work and the work must have been comparable to work in the elevator industry. Engineering education on a college level may be substituted on a year-for-year basis for the qualifying experience;

(C) Have their elevator equipment inspections directly supervised by a QEI or BOCA certified elevator inspector or a nationally recognized certified elevator inspector approved by the Missouri Elevator Safety Board;

(D) Within one (1) year of application for candidacy applicant shall have successfully completed the training class for QEI or BOCA certification presented by an association accredited by the American Society of Mechanical Engineers or the Missouri Elevator Safety Board;

(E) Beginning with the second year of their candidacy status the applicant shall attend one (1) continuing education and certification class as approved by the Missouri Elevator Safety Board per year;

(F) Within five (5) years of the date of application to the Missouri Elevator Safety Board for a candidate's license to inspect elevator equipment the applicant shall have successfully passed the written examination for elevator inspectors administered by an association accredited by the American Society of Mechanical Engineers and evidenced by a certification of the applicant or licensee as a qualified elevator inspector (QEI), commonly referred to as being QEI certified; or have successfully completed the Building Officials Code Administrators (BOCA) certification program for Elevator Inspector and evidenced by a certification of the applicant or licensee as a BOCA certified elevator inspector, or a nationally recognized elevator certification program approved by the Elevator Safety Board; and

(G) Have no direct financial interest in any business or operation that manufactures, installs, repairs, modifies, or services elevator equipment. This qualification does not prohibit employees of insurance companies insuring automatic elevator equipment from obtaining a license as an inspector.

(6) Grandfather Clause for Municipal and Political Subdivision Inspector. All existing inspectors shall have one (1) year from the effective date of these rules and regulations to meet the qualifications established by sections 701.350-701.380, RSMo. At the end of one (1) year from the effective date of these rules and regulations, the applicant must comply with the requirements as defined in 11 CSR 40-5.120 as listed herein, except that upon application to the Missouri Elevator Safety Board for a candidate's license, existing inspectors need not comply with subsection 11 CSR 40-5.120(5)(F).

(7) Application.

(A) A written application for a license shall be on a form supplied by the department, which shall include a statement of the applicant's experience and proof that the applicant is QEI certified.

(B) The board shall consider an application for a license at its next regular meeting, which shall in no event be more than three (3) months from the date the department received the application.

(8) Issuance.

(A) The department shall issue a license immediately upon the board's approval of an applicant and the payment of a fee in accordance with 11 CSR 40-5.110.

(B) A license shall expire one (1) year from the date of issuance or renewal. License shall be renewed annually. The annual inspector license fee shall be in accordance with 11 CSR 40-5.110 as listed herein.

(9) Prohibited Activities.

(A) No licensed inspector shall inspect any elevator equipment if the licensed inspector, has a direct financial interest in the building or operation in which the elevator equipment is located.

(B) No licensed inspector shall have or maintain a financial interest in any business which manufactures, installs, alters, or services elevator equipment.

(C) No licensed inspector shall recommend or refer one of his/her clients or customers to a specific business, firm, or corporation which manufactures, installs, repairs, alters, or services elevator equipment.

(10) Financial Disclosure. On or before January 31 of each year, all licensed inspectors shall file, with the department, a financial disclosure statement on forms provided by the department and approved by the board. Such forms shall include, but not be limited to, the following:

(A) The name and address of any corporation, firm, or enterprise in which the licensed inspector has a direct financial interest of a value in excess of one thousand dollars ($1,000). Policies of insurance issued to the licensed inspector or their spouse are not to be considered a financial interest;

(B) A list of every office or directorship held by the licensed inspector or their spouse, in any corporation, firm, or enterprise subject to jurisdiction of the board; and

(C) A list showing the name and address of any person, corporation, firm, or enterprise from which the licensed inspector received compensation in excess of one thousand five hundred dollars ($1,500) during the preceding year.

(11) Revocation of License.

(A) The board may revoke any license for cause. Such cause includes, but is not limited to the following:

1. Failure to comply with the provisions of sections 701.350- 701.380, RSMo, or these rules and regulations;

2. Falsifying or making a material misstatement or omission on any application for license, financial disclosure statement, or inspection report;

3. Failure to attend at least one (1) Missouri state elevator code update meeting per calendar year conducted by the department; and

4. Conducting or performing state required safety inspections without a state licensed mechanic, if required.

(B) The department shall give notice to the licensee by mail at least fifteen (15) days prior to any hearing before the board regarding a license suspension or revocation. Such notice shall state the date, time and place of hearing, and shall contain a statement of the alleged facts or conduct warranting the proposed suspension or revocation.

(C) If the chief elevator inspector notifies the board or the board finds that the public safety imperatively requires emergency action, and the board incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending the immediate initiation of the license revocation procedures. In such an event, the licensee shall be given written notice of the suspension. Such notice shall state the date, time, and place of an emergency revocation hearing and a statement of the alleged facts or conduct warranting the summary suspension and proposed revocation. Hearing to be held within five (5) days of receipt of the notice.

11 CSR 40-5.120

AUTHORITY: section 701.355, RSMo 2000.* Original rule filed Aug. 26, 1998, effective July 1, 1999. Emergency amendment filed Aug. 24, 2000, effective Sept. 4, 2000, expired March 2, 2001. Amended: Filed Aug. 29, 2000, effective Feb. 28, 2001. Amended: Filed Dec. 16, 2002, effective June 30, 2003.

Amended by Missouri Register March 16, 2020/Volume 45, Number 6, effective 4/30/2020

*Original authority: 701.355, RSMo 1994.