Establishes consumer-facing portal for elevator maintenance for owners of certain buildings to provide information on elevator servicer; requires certain signage; requires DCA to establish senior housing elevator maintenance loan program.

A2239

ASSEMBLY, No. 2239

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Establishes consumer-facing portal for elevator
maintenance for owners of certain buildings to provide information on elevator
servicer; requires certain signage; requires DCA to establish senior housing
elevator maintenance loan program.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning elevator maintenance and signage,
amending P.L.1997, c.336, and supplementing P.L.1975, c.217 (C.52:27D-119 et
seq.).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 1 of P.L.1997,
c.336 (C.52:27D-126f) is amended to read as follows:

���� 1.� a.� As used in this
section:

���� "Elevator device"
means a hoisting and lowering device equipped with a car or platform which
moves in guides for the transportation of individuals or freight in a
substantially vertical direction through successive floors or levels of a
building or structure.� The term includes, without limitation, elevators,
dumbwaiters, wheelchair lifts, manlifts, stairway chairlifts and any device
within the scope of ASME A17.1 (Safety Code for Elevators and Escalators) or
ASME A90.1 (Safety Standard for Belt Manlifts), except escalators and moving
walks.� It shall not include any conveyor devices that are process equipment.

���� "Qualified elevator
device inspection firm" means any entity, whether a sole proprietorship,
partnership, association or corporation, that is engaged in the business of
inspecting, testing, installing, maintaining or repairing elevator devices, or
the business of inspecting and testing elevator devices, is registered for
those purposes with the Department of Community Affairs, and employs at least
one qualified elevator device inspector.

���� "Qualified elevator
device inspector" means any person who is employed by a qualified elevator
device inspection firm and who is licensed by the Department of Community
Affairs to conduct the routine, periodic and acceptance inspections and tests
of elevator devices required pursuant to the provisions of the "State
Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.).

���� b.��� No elevator devices
which, under the provisions of the "State Uniform Construction Code
Act," P.L.1975, c.217 (C.52:27D-119 et seq.), are subject to routine,
periodic and acceptance inspections and tests by the local enforcing agency or
the Department of Community Affairs shall be subject to such inspections and
tests, nor shall the owner of the structure be charged any fees therefor, if
those elevator devices are subjected to acceptance testing and are routinely
and periodically inspected and tested by a qualified elevator device inspection
firm, and the owner has registered each such elevator device with the
Department of Community Affairs and has indicated in the registration
application form, or in a supplement to that form, the identity of the qualified
elevator device inspection firm that has been given responsibility for
inspection and testing of the elevator device.

���� The inspections and tests,
including the frequency thereof, conducted by a qualified elevator device
inspector shall be in accordance with such rules and regulations as the
Commissioner of Community Affairs may prescribe pursuant to the "State
Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and
subsection e. of this section.� Acceptance testing and the five-year test shall
be witnessed by the local enforcing agency or the Department of Community
Affairs in accordance with such rules and regulations as the Commissioner of
Community Affairs may prescribe pursuant to the "State Uniform
Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and
subsection e. of this section.� No qualified elevator device inspector shall
act in that capacity when his work on the elevator device is the work being
inspected.

���� c.���� If, upon inspection or
test, a qualified elevator device inspector shall find that an elevator device
is in a dangerous condition, or if there is an immediate hazard to persons
riding on or using any such device, the inspector shall immediately prohibit any
further use of the device and shall so notify in writing the owner and the
local enforcing agency or Department of Community Affairs, as the case may be.�
The device shall remain out of service until such time as the inspector shall
certify in writing that the dangerous condition or immediate hazard has been
removed or corrected and that the device is safe for public use.� If the local
enforcing agency or the department shall determine, in response to a complaint
or otherwise, that an elevator device is in a dangerous condition or that there
is an immediate hazard to persons riding on or using that device, the local
enforcing agency or the department may require the owner of the elevator device
to make such repairs as may be necessary, or take other corrective action,
within such time as the local enforcing agency or the department, as the case
may be, shall prescribe.

���� d.��� Any qualified elevator
device inspector or qualified elevator device inspection firm violating the
provisions of this section shall be subject to a penalty in accordance with
section 20 of P.L.1975, c.217 (C.52:27D-138) and shall also be subject to suspension
or revocation by the Department of Community Affairs of licensure or�
registration as a qualified elevator device inspector or qualified elevator
device inspection firm, as the case may be.

���� e.���� The Commissioner of
Community Affairs, in accordance with the provisions of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
shall promulgate rules and regulations to effectuate the purposes of this act.�
The rules and regulations shall provide for, but not be limited to, the
qualifications for licensing of qualified elevator device inspectors, the
registration of qualified elevator device inspection firms, the manner and form
of licensure and registration, the fee for each such license or registration,
the manner in which test results pursuant to this act are to be recorded, and
minimum liability insurance requirements for qualified elevator device
inspection firms, for which proof thereof shall be provided by the firms to the
department.� License and registration� fees shall be designed to cover, but not
exceed, the actual costs the department shall incur in administering the
provisions of this act.

���� f.���� The Department of
Community Affairs shall conduct a review and perform an analysis of the impact
on the safety record of elevator devices in this State as a result of the
implementation of this section.� The review and analysis shall be performed
biennially.� A written report of the results of the review and analysis shall
be submitted to the Governor and the Legislature, with the first report
submitted within 48 months following the effective date of P.L.1997, c.336
(C.52:27D-126f).

����
g.��� The Department of
Community Affairs shall establish a public database of inspected elevator
devices.� The database shall include, for each elevator device: (1) the
elevator device identification number, to be assigned to each elevator device
by the Commissioner of Community Affairs; (2) the address of the building in
which the elevator device is located; (3) the date of the most recent elevator
device inspection; (4) any report of hazardous or unsafe condition, as reported
to the department pursuant to subsection c. of this section; and (5) the status
of any reported hazardous or unsafe condition: remedied or open.

(cf: P.L.1997, c.336, s.1)

���� 2.� (New Section)� a.� Owners
of Group R-2 buildings, as classified in the Uniform Construction Code, adopted
pursuant to P.L.1975, c.217 (C.52:27D-123), containing an elevator device
shall, inside of and at each door of each elevator device in the building, post
a visible sign, with text in a contrasting color.� The sign shall be
prominently displayed at every entrance to an elevator device and inside an
elevator device, and shall provide: (1) the name, address, and telephone number
of the designated qualified elevator device inspection firm, as identified in
the elevator device maintenance contract; and (2) the elevator device
identification number, as assigned by the Department of Community Affairs
pursuant to section 1 of P.L.1997, c.336 (C.52:27D-126f).

���� b.� A building owner who
violates subsection a. of this section shall be subject to a fine of $100 for
the first offense, $500 for the second offense, and $1,000 for any subsequent
offense.

���� 3.� a.� (New Section)� The
Department of Community Affairs shall establish and administer a loan program
to assist owners of residential rental properties reserved for senior citizens,
to perform maintenance on elevator devices pursuant to P.L.1997, c.336
(C.52:27D-126f).

���� b.� A loan to the owner of a
residential rental property reserved for senior citizens shall:

���� (1)� be made pursuant to a
loan agreement with the department;

���� (2)� bear interest at lower
rates and with more flexible repayment terms than are available to loan
recipients from private lenders through conventional loans, as deemed
appropriate by the department; and

���� (3)� contain other terms and
conditions considered appropriate by the department that are consistent with
the purposes of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) and with rules and regulations adopted by the department pursuant to
section 5 of P.L.��� , c.��� (C.������� ).

���� c.� The department may,
through the terms of the loan agreement made pursuant to subsection b. of this
section, establish terms governing the incidence of default by a loan
recipient.

���� d.� The department shall
advertise to the public of the availability of the provision of loans to owners
of residential rental properties reserved for senior citizens.

���� 4.� The Commissioner of
Community Affairs, in accordance with the provisions of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
shall promulgate rules and regulations to effectuate the purposes of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill).

���� 5.� This act shall take effect
on the first day of the seventh month next following enactment, except that the
Commissioner of Community Affairs may take any anticipatory action as necessary
to effectuate the provisions of P.L.��� , c.��� (C.������� ) (pending before
the Legislature as this bill).

STATEMENT

���� This bill would require the
Department of Community Affairs to establish and maintain a database of
elevators and elevator inspections, including elevator identification numbers.�
It would also require owners of R-2 occupancies, including apartment buildings,
to post signage at each door to and inside of an elevator with the information
of the elevator servicer.� An R-2 occupancy building owner who fails to post
such signage would be subject to a fine of $100 for the first offense, $500 for
the second offense, and $1,000 for any subsequent offense.� Additionally, the
bill requires the Department of Community Affairs to establish and maintain a
loan program for owners of senior housing to perform maintenance on elevators.�
The bill would take effect on the first day of the seventh month next following
enactment.