Okla. Stat. tit. 59, § 59-3021

required - Temporary cessation of operation - Hearings -

Registration of elevator - Exemptions - Other laws - Interference

with Commissioner.

A. The Legislature, finding that the protection of public

health and safety requires that elevators and similar devices be

installed, maintained, and regularly inspected in compliance with

recognized safety standards and codes, declares that elevator

contractors, elevator mechanics, and elevator inspectors shall be

licensed by this state pursuant to the Elevator Safety Act.

B. 1. Except as otherwise provided for by the Elevator Safety

Act or rules promulgated pursuant thereto, no person shall erect,

construct, install, wire, alter, replace, maintain, remove, repair,

or dismantle any elevator unless the person holds a valid elevator

mechanic's license pursuant to the Elevator Safety Act and is

employed by a person or business entity licensed as an elevator

contractor pursuant to the Elevator Safety Act.

2. Whenever an emergency exists in this state due to disaster,

act of God or work stoppage, and the number of persons in the state

holding licenses issued by the Commissioner of Labor is insufficient

Oklahoma Statutes - Title 59. Professions and Occupations Page 1484

to cope with the emergency, licensed elevator contractors shall

respond as necessary to assure the safety of the public. Any person

certified by a licensed elevator contractor to have an acceptable

combination of documented experience and education to perform

elevator work without direct and immediate supervision shall apply

for an emergency elevator mechanic license from the Department of

Labor within five (5) business days after commencing work requiring

a license. The Commissioner shall issue emergency elevator mechanic

licenses. The licensed elevator contractor shall furnish proof of

competency as the Commissioner may require. Each such license shall

state that it is valid for a period of forty-five (45) days from the

date thereof and for such particular elevators or geographical areas

as the Commissioner may designate and otherwise shall entitle the

licensee to the rights and privileges of an elevator mechanic

license issued pursuant to the Elevator Safety Act. The

Commissioner shall renew an emergency elevator mechanic license upon

proper application during the existence of an emergency. No fee

shall be charged for any emergency elevator mechanic license or

renewal thereof.

3. A licensed elevator contractor shall notify the Commissioner

of Labor when there are no licensed personnel available to perform

elevator work. The licensed elevator contractor may request that

the Commissioner issue temporary elevator mechanic licenses to

persons certified by the licensed elevator contractor to have an

acceptable combination of documented experience and education to

perform elevator work without direct and immediate supervision. Any

person certified by a licensed elevator contractor to have any

combination of documented experience and education to perform

elevator work without direct and immediate supervision shall

immediately apply for a temporary elevator mechanic license from the

Commissioner and shall pay such fee as the Commissioner shall

determine. Each such license shall state that it is valid for a

period not to exceed thirty (30) days and while employed by the

licensed elevator contractor that certified the individual as

qualified. The Commissioner shall renew such licenses upon proper

application and payment of any required fees as long as the shortage

of license holders shall continue.

4. The Commissioner of Labor or an authorized representative

may issue a written order for the temporary cessation of operation

of an elevator if it has been determined after inspection to be

hazardous, unsafe, or in violation of any provisions of the Elevator

Safety Act or rules promulgated by the Commissioner. Operations
uired fees as long as the shortage

of license holders shall continue.

4. The Commissioner of Labor or an authorized representative

may issue a written order for the temporary cessation of operation

of an elevator if it has been determined after inspection to be

hazardous, unsafe, or in violation of any provisions of the Elevator

Safety Act or rules promulgated by the Commissioner. Operations

shall not resume until such conditions are corrected to the

satisfaction of the Commissioner. The Commissioner or an authorized

representative may inspect any elevator without notice. The

Commissioner or an authorized representative may issue a written

order for the temporary cessation of any licensing violations and/or

Oklahoma Statutes - Title 59. Professions and Occupations Page 1485

any violations of any rule or order promulgated pursuant to the

provisions of the Elevator Safety Act.

5. Any alleged violator of paragraph 2 of this subsection shall

be afforded an opportunity for a fair and swift administrative

hearing. The hearing may be conducted by the Commissioner or

his/her designated hearing officer in conformity with, and records

made thereof as provided by, Sections 308a through 323 of Title 75

of the Oklahoma Statutes.

6. Any order issued by the Commissioner or an authorized

representative may be enforced in the district court in an action

for an injunction or writ of mandamus upon the petition of the

district attorney or Attorney General, upon the request of the

Commissioner. Provided further, an injunction without bond may be

granted by the district court to the Commissioner, for the purpose

of enforcing the Elevator Safety Act.

C. Except as otherwise provided by the Elevator Safety Act,

every elevator in this state shall be subject to the provisions as

required by the Elevator Safety Act. The owner or lessee of every

elevator in service or put into service shall register the elevator

with the Department of Labor, giving the type, rated load and speed,

name of manufacturer, location of the elevator, and purpose for

which used, as well as such other information as the Commissioner of

Labor may require. Elevators newly constructed or installed shall

be registered and inspected before being put into service.

D. The provisions of the Elevator Safety Act shall not apply to

elevators that are:

1. In or adjacent to buildings or excavations owned by and/or

under the operational control of the government of the United States

or located on federal property and/or a sovereign tribal nation.

Such elevators shall be inspected if the authorized representative

of the owner request such an inspection in writing and agrees to pay

inspection fees established pursuant to the Elevator Safety Act;

2. In an existing owner-occupied private residence or an

existing building of not more than two floors owned by a municipal

public trust that is used solely for independent living apartments

for persons sixty-two (62) years of age or older; provided, such

elevators shall be inspected if the property owner so requests and

pays inspection fees established pursuant to the Elevator Safety

Act. Inspection of an elevator pursuant to this paragraph shall not

cause any other provision of the Elevator Safety Act to apply to the

owner with respect to the private residence or building; or

3. Located in or adjacent to a building or structure within a

manufacturing, utility or industrial facility. Such elevators shall

be inspected if the authorized representative of the facility

requests such an inspection in writing and agrees to pay inspection

fees established pursuant to the Elevator Safety Act.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1486

E. Nothing in the Elevator Safety Act shall be construed as

prohibiting municipalities, counties, or other political

subdivisions of the state from enacting and enforcing licensure
ntative of the facility

requests such an inspection in writing and agrees to pay inspection

fees established pursuant to the Elevator Safety Act.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1486

E. Nothing in the Elevator Safety Act shall be construed as

prohibiting municipalities, counties, or other political

subdivisions of the state from enacting and enforcing licensure

requirements or safety standards exceeding those required by the

Elevator Safety Act.

F. Provisions of Section 863.1 et seq. of Title 19 of the

Oklahoma Statutes that are in conflict with provisions of the

Elevator Safety Act shall prevail over provisions of the Elevator

Safety Act unless the provisions of Section 863.1 et seq. of Title

19 of the Oklahoma Statutes are less stringent than the provisions

of the Elevator Safety Act.

G. No person, firm, or corporation shall interfere with,

obstruct, or hinder by force or otherwise the Commissioner of Labor

or an authorized representative while in the performance of their

duties, or refuse to properly answer questions asked by such

officers pertaining to the laws over which he or she has supervision

under the provisions of the Elevator Safety Act, or refuse them

admittance to any place where an elevator is located which is

affected by the Elevator Safety Act.