Testimony of Norman Martin, Proponent of HB 107 — Commerce & Labor Committee (March 24, 2021)

Summary

Written testimony of Norman Martin, proponent of HB 107 (the Ohio Elevator Safety Bill), for the Commerce & Labor Committee, dated March 24, 2021. He identifies himself as a Codes and Standards Officer at Schindler Elevator Corporation and a former Chief Elevator Inspector for the State of Ohio, speaking on behalf of National Elevator Industry, Inc. (NEII). The testimony argues for licensed elevator mechanics, says HB 107 supports the Certified Elevator Technician program of the National Association of Elevator Contractors as well as the union program, and expresses support for an Elevator Board. A closing section on inspection costs lists certificate of operation fees of $244 for a 2 story building and $340 for a 10 story building.

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Testimony of Norman Martin
Proponent of HB 107
Commerce & Labor Committee
March 24, 2021

Chair Stein, Vice Chair Johnson, Ranking Member Lepore-Hagan and
Members of the House Commerce and Labor Committee thank you for the opportunity to
testify in support of House Bill 107--the Ohio Elevator Safety Bill.

My name is Norman Martin. I am employed by Schindler Elevator Corporation as a Codes and
Standards Officer. It is my job to interface with various Authorities Having Jurisdiction across
the USA and Canada.

Prior to my employment with Schindler Elevator, I served as Chief Elevator Inspector for the
State of Ohio, a position from which I retired after 30 years of service.

Schindler is a member of the National Elevator Industry, Inc. or NEII, the national trade
association representing the major elevator manufacturers. Collectively, NEII member
companies represent approximately 85% of the total work hours in the industry and all have a
large footprint here in Ohio.

My remarks today are on behalf of NEII but I also intend to draw upon my experience
overseeing Ohio’s elevator program.

The safety of workers and the riding public is a top priority of NEII and all its member
companies. For that reason, I am here today to speak in favor of HB 107 and discuss
the importance of licensed elevator mechanics.

The rationale behind HB 107 is straightforward. Elevators are extremely complex pieces of
equipment and its absolutely necessary for the safety of both workers and elevator passengers in
Ohio that those working on them are trained properly and demonstrate a fundamental
competency.

Schindler and all of the other NEII member companies already ensure that their workers are
adequately educated and trained according to nationally accredited standards, even in states that
do not enforce any baseline licensing requirements for elevator mechanic. The problem arises
when other companies hire employees without comparable training or a building owner uses its
own in-house contractor to perform elevator work. This exposes the untrained worker, other
industry personnel, inspectors and the riding public to potentially dangerous equipment.

During my time as Chief in Ohio, I remember plenty of accidents that resulted from mechanics
being untrained and unqualified. Taking just one as an example, a mechanic was fatally injured
in Akron when the elevator came down on him while he was working in the pit. This accident
happened because the mechanic was not trained in the proper way to support the elevator while
working underneath it. An accident like this might have been prevented had the mechanic
undergone the proper education and training.
I want to make clear that I am not here today to advocate for any one specific training program.
It is incorrect to portray this bill as being exclusive by imposing a mandate that all industry
personnel go through the union’s training program. HB 107 supports the non-union counterpart
as well, the Certified Elevator Technician program—provided by the National Association of
Elevator Contractors. Requiring mechanics to complete either of these training programs offers a
significant opportunity for the State to increase the safety and reliability of its elevators.

I also want to express my strong support for the creation of an Elevator Board. Tasked with
enforcing the narrow functions outlined in HB 107 , a board full of industry experts, labor
reps., members of the public and government officials, is both knowledgeable enough to fully
understand the issues and diverse enough to ensure the proper checks and balances.

Before taking questions, I want to reiterate my full support of HB 107. On behalf of NEII,
Schindler and as a former Chief, I urge the committee to adopt licensing requirements and
protect Ohio’s elevator workers and passengers.

Thank you for the opportunity to testify today and I look forward to answering any of your
questions.
Appendix

Examples of Fees from Elevator Inspection Programs:

State Note: Fees
Iowa Inspectio
n once
per year

Ohio Inspecti Ohio Revised Code 4105:
o n twice
per year
“...(C) The fee for issuing or renewing a certificate of operation under
for
section 4105.15 of the Revised Code for an elevator that is inspected every
elevator
s and six months in accordance with division (A) of section 4105.10 of the
escalato Revised Code is two hundred twenty dollars plus twelve dollars for each
rs floor where the elevator stops, except where the elevator has been
inspected by a special inspector in accordance with section 4105.07 of the
Revised Code.

(D) The fee for issuing or renewing a certificate of operation under section
4105.05 of the Revised Code for an elevator that is inspected every twelve
months in accordance with division (A) of section 4105.10 of the Revised
Code is fifty-five dollars plus ten dollars for each floor where the elevator
stops, except where the elevator has been inspected by a special
inspector in accordance with section 4105.07 of the Revised Code.

(E) The fee for issuing or renewing a certificate of operation under section
4105.15 of the Revised Code for an escalator or moving walk is three
hundred dollars, except where the escalator or moving walk has been
inspected by a special inspector in accordance section 4105.07 of the
Revised Code.”

Oregon Escalators Dumbwaiter $134.40 Chairlift $134.40
and moving
walks Sidewalk Elevator $134.40 Sidewalk Matl lift $134.40
inspected Freight Elevator 2-4 floors $197.12 LULA $197.12
annually

3
and Passenger Elevator 2-4 floors $197.12 Rack & Pinion $197.12
passenger Stagelift $197.12 Special Purpose $197.12
elevator
every two Vert Reciprocating Conveyor $197.12 Wheelchair Lift $197.12
years Material lift $197.12 Elevator 5-9 floors $241.92
Escalator $219.52 Inclined Elevator $219.52
Belt Manlift $219.52 Moving Walk $219.52
Elevator 10-19 floors $300.16 Elevator 20+ floors $351.68
Once per
Indiana year $120 per unit
inspection

Nebraska Nebraska's Elevator Law, Sections 48-2501 through 48-2533 requires that all
conveyances including freight and passenger elevators, escalators, moving and walks,
material lifts in the state be inspected at least once every 12 months annual and have
mechanical testing.

The inspector issues a Certificate of Operation or notifies the owner or user in
writing of any equipment found to be unsafe or unfit for operation. notices
These indicate to the owner whether or not the equipment may be used making
without the repair. The inspector may permit the owner reasonable time to any
make repairs. Certificates of Operation must be posted inside t he or
conveyance adjacent to the escalator or moving walk.

The annual inspection fee may vary depending on the number of floors served by
the conveyance. There is a flat fee for 1-5 floors served and an additional per floor
fee after that. Please refer to Section 48-418.09 of the statute for a list of fees.

Elevator; inspections; fees; special
inspection.
Section 48-418.09
Elevator; inspections; fees; special inspection.
(1) The Commissioner of Labor may charge a reasonable fee for each
elevator inspection. The commissioner shall establish the fees a level
at necessary to meet the costs of the elevator inspection approved
program as by the Legislature and to provide a sufficient
balance in the Elevator Inspection Fund.

(2) An annual inspection fee of not more than one hundred fifty dollars per
unit up to five floors plus five dollars for each floor over five shall each be paid
elevator inspected. For new installations, a preliminary inspection of for
not more than one hundred fifty dollars per unit up to five floors fee
additional five dollars for each floor over five shall be paid for each plus an
inspected. For an initial inspection, a fee of not more than two hundred elevator
dollars per unit up to five floors plus five dollars for each floor over be
paid. If an elevator does not pass an initial inspection and a fiveshall
reinspection is required, an additional initial inspection fee shall be
charged for additional reinspection of such elevator. Such fees shall be each
paid owner or user for each elevator inspected by the state elevatorby the
inspector before the inspection certificate is issued.

(3) For the class of elevators which includes escalators, moving
sidewalks, conveyors, and dumbwaiters, the preliminary inspection fee
shall more than one hundred fifty dollars per unit up to five floors plusbe not
additional five dollars for each floor over five. The initial inspection bean
not more than one hundred fifty dollars per unit up to five floors fee shall
additional five dollars for each floor over five. The annual inspection be plus an
not more than one hundred fifty dollars per unit for up to five floors an fee shall
additional charge of five dollars for each floor over five. If such moving with
sidewalk, conveyor, or dumbwaiter does not pass an initial inspection escalator,
and a reinspection is required, an additional initial inspection
fee4
shall be charged for each additional reinspection of such elevator. Such
fees shall be paid by the owner or user for each escalator, moving sidewalk,
conveyor, or dumbwaiter inspected by the state elevator inspector before
the inspection certificate is issued.

(4) If at any time the owner or user desires a special inspection of an
elevator, it shall be made by the elevator inspector after due request
therefor and the inspector making the inspection shall collect his or her
expenses in connection therewith and a fee of not more than two hundred
dollars for each elevator inspected with an additional charge of five dollars
for each floor over five.

Colorado Private inspection. $30 test filing fee on an annual basis. Owner pay
for inspection independent of the State of Colorado.
Oklahoma Existing elevator – certification of operation $25.00
12. New elevator – inspection and certification $150.00
13. Elevator temporary certification $25.00
14. Elevator temporary mechanic license for 30 days $10.00
15. Labor for chief elevator inspector or deputy elevator
inspector to perform inspection for issuance of certificate of
operation:
a. any escalator or moving walkway $125.00
b. elevator, two-four floors $75.00
c. elevator, five-ten floors $100.00
d. elevator, eleven floors and over $125.00
. wheelchair lift $25.00
Arkansas The fee for the operating permit is established by
Rule 010.05-015(F).

The owner or lessee of every power passenger
elevator and escalator shall have it inspected periodically every
sixth (6th) calendar month...

For each inspection and report made at the direction
of the department, the owner, lessee, or insurance company responsible
for the report of inspection shall pay to the department a fee of one hundred
dollars ($100.00). The fee shall be paid directly to the department
and shall be the only fee or charges for which such owner, lessee, or
insurance company shall be liable for the inspection required by Ark.
Code Ann. § 20-24-112(a).
2. For witnessing the performance of all safety tests required
by Ark. Code Ann. § 20-24-101 et seq. or these regulations, the
owner, lessee, or insurance company responsible for the test shall pay to
the department a fee of seventy-five dollars ($75.00).

Fees
1. The annual fee to be charged for an operating permit
is established by Ark. Code Ann. § 20-24-116, which provides:
a. Dumbwaiters. . . . . . . . . . . . . ...$30.00 annual
. Elevators and wheelchair lifts. . . . $50.00 annual
b. Escalators and moving walks. . . ...$85.00 annual

Missouri Fee Schedule for inspections conducted by a State employed inspector with
the Division of Fire Safety is as follows:

Annual Inspection: $125 per unit, PLUS expenses

5
State Operating Certificate fee: $25 per unit
Use of private inspectors as well.
Other Varies Fees will vary from state to state in locations in which private inspectors
states with conduct inspections. Many times the jurisdictional authority may charge
private
inspection a license fee and the private inspector will change a separate inspection
fee.
Note: All fees are separate from the fees associated with the
maintenance and annual testing of the elevator equipment by
the building’s elevator maintenance company.

Calculating Fees: Example

a. Number of inspectors necessary to complete inspections on a twice per year basis
(excluding certain devices) multiplied by their total wages and benefits (include
estimated overtime) (inspectors can complete about 1000-1400 inspection per year depending
upon how far their inspection headquarters were from their assigned territory and density of the
inspection territory and the complexity of the equipment – i.e. the taller the building, the more time it
takes to inspect. A simple hydraulic elevator in a two story building will take less time than a high rise
building or building were there is complications to gaining entry or difficult inspection environment such
as a steel mill);
b. The number of inspectors multiplied by the estimated equipment, training
and vehicle costs;
c. Estimated administrative overhead charge-backs.

This has resulted in the following certificate of operation fees (see appendix for
complete fees for Ohio - A “certificate of operation” includes the fees for the twice per
year inspections):

2 story building: $244
10 story building: $340
Accessibility Lift or churches: $ 75

END

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