General Laws

  Section 65. If in the judgment of an inspector assigned by the commissioner that an elevator is safe, and if the elevator has been constructed in the manner required by law or by the regulations of the board of elevator regulations or the state building code, the inspector shall issue a certificate to that effect to the owner of the elevator or to the person in charge thereof, who shall post the certificate in a conspicuous place in or near the cab or car of such elevator. If such elevator is judged unsafe, the inspector shall immediately post conspicuously upon the entrance or door of the cab or car of such elevator, or upon the elevator, a notice of its dangerous condition, and shall prohibit the use of the elevator until it has been made safe to his satisfaction; provided, however, that said inspector shall also immediately notify the chief executive of the city or town wherein such unsafe condition exists. No person shall remove such notice or operate such elevator until the inspector has issued his certificate as aforesaid.

[ Paragraphs added by 2011, 68, Sec. 95 effective December 28, 2011. See 2011, 68, Sec. 217.]

  No elevator licensed under this chapter shall be operated without a valid inspection certificate. If a certificate has expired, no new certificate shall be issued until a new inspection has been completed and no elevator shall be operated until a new certificate has been issued by a qualified state inspector. The owner or operator of an elevator who fails to comply with this section shall be punished by a fine of $1,000 for each day that an elevator is in operation without a valid certificate. The commissioner or the commissioner's designee, and such other person as may be specifically authorized, may issue a written notice of violation under section 21 of chapter 22 for a violation of this section.

  An owner or operator of an elevator shall not be assessed a fine for having violated this section if: (i) 30 days prior to the expiration of a certificate, the owner or operator has, in writing or in any manner prescribed by the department, requested an inspection of the elevator by the department and an inspection was not completed within the 30-day period; and (ii) the elevator was not determined to be unsafe at any time during the 30-day period, notwithstanding that the results of an inspection were rendered beyond such 30-day period.