Kentucky Statutes 198B.420 – State Elevator and Fixed Guideway System Inspection Program — Qualifications of director — Appointment of general inspectors — Investigation of alleged violations of KRS 198B.400 to 198B.540
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(1) The department shall administer all aspects of the State Elevator and Fixed
Guideway System Inspection Program.
(2) The program shall be directed by a person with at least five (5) years’ experience in the inspection or construction, installation, maintenance, and repair of elevators, fixed guideway systems, and their appurtenances.
(3) The commissioner may appoint and hire, from the holders of certificates of competency, general inspectors of elevators.
(4) Any person may request an investigation into an alleged violation of KRS
198B.400 to 198B.540 by giving notice to the department of the violation or danger. This notice shall be:
(a) In writing;
(b) Set forth with particularity regarding the grounds for the notice; and
(c) Signed by the person making the request.
(5) If, upon receipt of the request for investigation, the department determines that there is evidence that a violation or danger exists, the department shall conduct an investigation in accordance with KRS § 198B.400 to KRS § 198B.540 as soon as practicable. If the department finds no grounds to substantiate that a violation or danger exists, the department shall notify the requesting party in writing of the findings within fourteen (14) calendar days of the determination.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 24, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 263, effective July 15, 2010; and ch. 116, sec. 21, effective July 1, 2011. — Amended 2006 Ky. Acts ch. 157, sec. 3, effective July 12, 2006. — Amended 1990 Ky. Acts ch. 72, sec. 1, effective July
13, 1990. — Amended 1984 Ky. Acts ch. 143, sec. 1, effective July 13, 1984. — Amended 1980 Ky. Acts ch. 295, sec. 87, effective July 15, 1980. — Amended
1976 Ky. Acts ch. 299, sec. 78. — Created 1974 Ky. Acts ch. 239, sec. 3.
Formerly codified as KRS § 336.530.
Legislative Research Commission Note (7/1/2011). References to the “Office” of Housing, Buildings and Construction in this section, as amended by 2010 Ky. Acts ch. 116, sec. 21, have been changed in codification to the “Department” of Housing, Buildings and Construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec.
1938.
Guideway System Inspection Program.
Terms Used In Kentucky Statutes 198B.420
- Commissioner: means the commissioner of the department. See Kentucky Statutes 198B.010
- Construction: means the erection, fabrication, reconstruction, substantial alteration or conversion of a building, or the installation of equipment therein, but shall not include the ordinary repair of a building or structure. See Kentucky Statutes 198B.010
- Department: means the Department of Housing, Buildings and Construction. See Kentucky Statutes 198B.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) The program shall be directed by a person with at least five (5) years’ experience in the inspection or construction, installation, maintenance, and repair of elevators, fixed guideway systems, and their appurtenances.
(3) The commissioner may appoint and hire, from the holders of certificates of competency, general inspectors of elevators.
(4) Any person may request an investigation into an alleged violation of KRS
198B.400 to 198B.540 by giving notice to the department of the violation or danger. This notice shall be:
(a) In writing;
(b) Set forth with particularity regarding the grounds for the notice; and
(c) Signed by the person making the request.
(5) If, upon receipt of the request for investigation, the department determines that there is evidence that a violation or danger exists, the department shall conduct an investigation in accordance with KRS § 198B.400 to KRS § 198B.540 as soon as practicable. If the department finds no grounds to substantiate that a violation or danger exists, the department shall notify the requesting party in writing of the findings within fourteen (14) calendar days of the determination.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 24, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 263, effective July 15, 2010; and ch. 116, sec. 21, effective July 1, 2011. — Amended 2006 Ky. Acts ch. 157, sec. 3, effective July 12, 2006. — Amended 1990 Ky. Acts ch. 72, sec. 1, effective July
13, 1990. — Amended 1984 Ky. Acts ch. 143, sec. 1, effective July 13, 1984. — Amended 1980 Ky. Acts ch. 295, sec. 87, effective July 15, 1980. — Amended
1976 Ky. Acts ch. 299, sec. 78. — Created 1974 Ky. Acts ch. 239, sec. 3.
Formerly codified as KRS § 336.530.
Legislative Research Commission Note (7/1/2011). References to the “Office” of Housing, Buildings and Construction in this section, as amended by 2010 Ky. Acts ch. 116, sec. 21, have been changed in codification to the “Department” of Housing, Buildings and Construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec.
1938.