§ 59-3023. Elevator Inspection Bureau - Adoption and promulgation of rules - Inspections.

A.  There is hereby established an Elevator Inspection Bureau in the Department of Labor under the direction of the chief elevator inspector, who shall be responsible to the Commissioner of Labor or a duly authorized representative for the supervision, inspection, alteration, installation, testing, and maintenance of elevators and other such devices within the definitions of the Elevator Safety Act.

The Elevator Inspection Bureau shall be furnished with sufficient personnel, deputy inspectors, and clerical aids to perform the assigned duties within the limits prescribed by the Commissioner of Labor.

The chief elevator inspector and deputy inspectors, under the supervision of the Commissioner of Labor, shall:

1.  Take action necessary for the enforcement of the Elevator Safety Act and these rules;

2.  Make available upon request copies of the rules promulgated by the agency; and

3.  Issue, suspend, or revoke for cause certificates, licenses, and registrations as may be issued by the provisions of the Elevator Safety Act, and administer other disciplinary actions as prescribed in rules as promulgated by the Commissioner of Labor.

B.  The Commissioner of Labor is authorized to adopt and promulgate rules pursuant to the Administrative Procedures Act.  Definitions, rules, and regulations so adopted shall be based upon and follow generally accepted national engineering standards, formula, and practices.  The Commissioner of Labor may adopt an existing American national standard known as the Safety Code for Elevators and Escalators of the American Society of Mechanical Engineers (“ASME”).

C.  Under the provisions of the Elevator Safety Act, the Commissioner of Labor is responsible to provide rules for the safety of life, limb, and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules.  Inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the American Society of Mechanical Engineers Code or other construction standards acceptable to the Commissioner of Labor.  Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions such as:

1.  History of previous experience, previous records of inspection, performance, and maintenance;

2.  Location, with respect to personnel hazard;

3.  Quality of inspection and operating personnel;

4.  Provisions for related safe operating controls; and

5.  Interrelation with other operations outside the scope of the Elevator Safety Act.

D.  Inspections required by the Elevator Safety Act shall be conducted by inspectors licensed by the Department of Labor.

E.  Inspections conducted for the issuance of a certificate of operation may be performed by:

1.  The chief elevator inspector, deputy elevator inspector or licensed third party inspector who at the time of inspection possesses a valid elevator inspector’s license issued by the Department of Labor; or

2.  An elevator inspector employed by the liability insurance company of record of the owner of the elevator or device who at the time of inspection is in possession of a valid elevator inspector’s license issued by the Department of Labor.

F.  Elevator Inspectors, not employed by the Department of Labor, shall submit to the Commissioner of Labor, an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in this state to provide general liability coverage of a least One Million Dollars ($1,000,000.00) for injury or death of any number of persons in any one occurrence, with the coverage of at least Five Hundred Thousand Dollars ($500,000.00) for property damage in any one occurrence and proof of workers’ compensation coverage.

G.  Elevators, escalators, and other such devices within the definitions of the Elevator Safety Act shall receive an inspection for the purpose of obtaining a certificate of operation:

1.  Two-floor to four-floor elevator units, not to exceed two (2) years;

2.  Any wire-rope elevator, regardless of floors, annually;

3.  Escalators and moving walkways, annually;

4.  Wheelchair lifts, triennially;

5.  Temporary elevators shall be inspected at each erection and every ninety (90) days or as the code requires; and

6.  Any elevator or other such device subject to the provisions of the Elevator Safety Act located in a structure whose occupants are mobility restricted, such as hospitals, nursing homes, and residential care facilities, shall be inspected annually.

Added by Laws 2006, c. 207, § 4, eff. Nov. 1, 2006.  Amended by Laws 2008, c. 312, § 17, eff. Nov. 1, 2008.