(1) In the event of an emergency or disaster, as defined in 10-3-103 , MCA, the department may issue a temporary practice permit for an elevator mechanic or limited elevator mechanic. A temporary practice permit will not be issued until the department:
(a) verifies information provided by a licensed elevator contractor that the contractors' employee, who is the applicant, may be qualified to perform elevator mechanic work without direct supervision; and
(b) determines that the training, education, and/or experience of the applicant seeking temporary practice permits is sufficient to allow that person to perform unsupervised elevator mechanic work without creating a risk to public health, safety, and well-being.
(2) Documentation of the training, education, and/or experience required in (1) for a temporary practice permit must include the following:
(a) a sworn affidavit from a licensed contractor stating an employee/applicant seeking a temporary practice permit has sufficient elevator installation experience to perform specific types of elevator work without supervision by a licensed mechanic;
(b) certified submission of relevant training or coursework successfully completed by the applicant; and
(c) in the case of an apprentice seeking a temporary practice permit, documentation from a state apprenticeship and training bureau or program that the apprentice has completed no less than 70% of the apprentice's required term and is completely current with related instruction.
(3) The department will verify the information described in (2) as it deems necessary to determine if acceptable standards of public health, safety, and well-being can be maintained by issuing temporary permits to specific applicants. Indicators used to evaluate acceptable levels of competency include, but are not limited to:
(a) satisfactory completion of relevant course work;
(b) amount of relevant on the job training;
(c) relevant military training and experience;
(d) relevant on the job training and experience from related trades; and
(e) trade school certificates.
(4) A temporary practice permit issued pursuant to (1) is valid for 30 days.
(a) Subsequent temporary practice permits will only be issued if the emergency or disaster condition still exists.
(5) In the event the department determines that a shortage of licensed elevator mechanics or limited mechanics exists to the extent that, if left uncorrected, it could have a materially adverse impact on public health, safety, and well-being, the department may issue a temporary practice permit for an elevator mechanic or limited mechanic.
(a) A licensed elevator contractor may submit written notification to the department that a shortage of licensed elevator mechanics or limited mechanics exists. The elevator contractor must be in good standing with the department and have no active complaints against the licenses of the contractor or the contractor's employees before the contractor is eligible to declare a shortage of elevator mechanics or limited mechanics for the contractor's business. Sufficient proof of a bona fide shortage of licensed elevator mechanics or limited mechanics must accompany the written notification and must include:
(i) a detailed description of the nature of the claimed shortage which particularly explains why the shortage was unforeseeable;
(ii) a description of all the projects affected by the claimed shortage, including the location of each project; and
(iii) evidence of the need for immediate action by an elevator contractor, especially as it may relate to healthcare issues or accessibility for disabled persons.
(6) Upon consideration and subsequent finding by the department that a contractor's claimed shortage of elevator mechanics or limited mechanics is bona fide to the extent that, if left uncorrected, an adverse material impact on public health, safety, and well-being will result, the department will issue temporary practice permits as it deems prudent and appropriate to temporarily remedy the mechanic shortage.
(7) A temporary practice permit issued pursuant to (5) is valid for 30 days and only at the locations noted in (5) (a) (ii) .
(a) Subsequent temporary practice permits will be issued only if continued monitoring by the department indicates a bona fide elevator mechanic or limited mechanic shortage continues to exist.
(8) For good cause and upon notice, the department may revoke any temporary practice permit as it believes is prudent and necessary to best serve the interests of ensuring or maintaining public health, safety, and well-being.