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PAG LIN 1 1 Section 1. NEW SECTION. 89A.101 SHORT TITLE. 1 2 This chapter may be cited as the "Iowa State Elevator 1 3 Code". 1 4 Sec. 2. NEW SECTION. 89A.102 EQUIPMENT COVERED BY THIS 1 5 CHAPTER. 1 6 1. This chapter covers the design, construction, 1 7 operation, inspection, testing, maintenance, alteration, and 1 8 repair of the following equipment, its associated parts, and 1 9 its hoistways, except as excluded by section 89A.103: 1 10 a. Hoisting and lowering mechanisms equipped with a car or 1 11 platform, which move between two or more landings. This 1 12 equipment includes, but is not limited to, elevators and 1 13 platform lifts and stairway chairlifts. 1 14 b. Power-driven stairways and walkways for carrying 1 15 persons between landings. This equipment includes, but is not 1 16 limited to, escalators and moving walks. 1 17 c. Hoisting and lowering mechanisms equipped with a car, 1 18 which serve two or more landings and are restricted to the 1 19 carrying of material by limited size or limited access to the 1 20 car. This equipment includes, but is not limited to, 1 21 dumbwaiters and material lifts and dumbwaiters with automatic 1 22 transfer devices. 1 23 2. This chapter covers the design, construction, 1 24 operation, inspection, testing, maintenance, alteration, and 1 25 repair of automatic guided transit vehicles on guideways with 1 26 an exclusive right-of-way. This equipment includes, but is 1 27 not limited to, automated people movers. 1 28 Sec. 3. NEW SECTION. 89A.103 EQUIPMENT NOT COVERED BY 1 29 THIS CHAPTER. 1 30 Equipment not covered by this chapter includes, but is not 1 31 limited to, the following: 1 32 1. Personnel hoists within the scope of ANSI standard 1 33 A10.4. 1 34 2. Material hoists within the scope of ANSI standard 1 35 A10.5. 2 1 3. Manlifts within the scope of ASME standard A90.1. 2 2 4. Mobile scaffolds, towers, and platforms within the 2 3 scope of ANSI standard A92. 2 4 5. Powered platforms and equipment for exterior and 2 5 interior maintenance within the scope of ANSI standard 120.1. 2 6 6. Conveyors and related equipment within the scope of 2 7 ASME standard B20.1. 2 8 7. Cranes, derricks, hoists, hooks, jacks, and slings 2 9 within the scope of ASME standard B30. 2 10 8. Industrial trucks within the scope of ASME standard 2 11 B56. 2 12 9. Portable equipment, except for portable escalators 2 13 within the scope of ANSI standard A17.1. 2 14 10. Tiering or piling machines used to move materials to 2 15 and from storage located and operating entirely within one 2 16 story. 2 17 11. Equipment for feeding or positioning materials at 2 18 machine tools and printing presses. 2 19 12. Skip or furnace hoists. 2 20 13. Wharf ramps. 2 21 14. Railroad car lifts or dumpers. 2 22 15. Line jacks, false cars, shafters, moving platforms, 2 23 and similar equipment used for installing an elevator by a 2 24 contractor licensed in this state. 2 25 Sec. 4. NEW SECTION. 89A.104 PURPOSE – ELEVATOR SAFETY. 2 26 1. The purpose of this chapter is to provide for the 2 27 safety of employees and the public and to promote public 2 28 safety awareness concerning the use of lifting devices. 2 29 2. The provisions of this chapter are not intended to 2 30 prevent the use of systems, methods, or devices of equivalent 2 31 or superior quality, strength, fire resistance, code 2 32 effectiveness, durability, and safety to those required by 2 33 this chapter, provided that there is technical documentation 2 34 to demonstrate the equivalency of the system, method, or 2 35 device, as prescribed in ASME standard A17.1, ASME standard 3 1 A18.1, or ASCE standard 21. 3 2 Sec. 5. NEW SECTION. 89A.105 DEFINITIONS. 3 3 1. "ANSI" means the American national standards institute. 3 4 2. "ASCE" means the American society of civil engineers. 3 5 3. "ASME" means the American society of mechanical 3 6 engineers. 3 7 4. "Automated people mover" means an installation defined 3 8 as an automated people mover in ASCE standard 21. 3 9 5. "Board" means the elevator safety review board as 3 10 created in this chapter. 3 11 6. "Certificate of operation" means a document issued by 3 12 the commissioner that indicates that the conveyance has had 3 13 the required safety inspections and tests and fees have been 3 14 paid as set forth in this chapter. 3 15 7. "Certificate of operation – temporary" means a 3 16 document issued by the commissioner which permits the 3 17 temporary use of a noncompliant conveyance by the general 3 18 public for a limited time of thirty days or less while minor 3 19 repairs to the conveyance are being completed. 3 20 8. "Commissioner" means the labor commissioner, appointed 3 21 pursuant to section 91.2, or the labor commissioner's 3 22 designee. 3 23 9. "Conveyance" means an elevator, dumbwaiter, escalator, 3 24 moving sidewalk, platform lifts, stairway chairlifts, and 3 25 automated people movers. 3 26 10. "Dormant elevator, dumbwaiter, or escalator" means an 3 27 installation placed out of service as specified in ASME 3 28 standard A17.1 and ASME standard A18.1. 3 29 11. "Elevator" means an installation defined as an 3 30 elevator in ASME standard A17.1. 3 31 12. "Elevator contractor" means a person who is engaged in 3 32 the business of erecting, constructing, installing, altering, 3 33 servicing, repairing, replacing, maintaining, removing, or 3 34 dismantling elevators or related conveyances covered by this 3 35 chapter. 4 1 13. "Elevator helper or apprentice" means a person who 4 2 performs work under the general direction of an elevator 4 3 mechanic. 4 4 14. "Elevator inspector" means a person who engages in the 4 5 business of inspecting elevators or related conveyances 4 6 covered by this chapter. 4 7 15. "Elevator mechanic" means a person who is engaged in 4 8 erecting, constructing, installing, altering, servicing, 4 9 repairing, replacing, or maintaining elevators or related 4 10 conveyances covered by this chapter. 4 11 16. "Escalator" means an installation defined as an 4 12 escalator in ASME standard A17.1. 4 13 17. "Existing installation" means an installation defined 4 14 as an existing installation in ASME standard A17.1. 4 15 18. "Material alteration" means an alteration as defined 4 16 in the applicable standards. 4 17 19. "Moving walk or sidewalk" means an installation 4 18 defined as a moving walk in ASME standard A17.1. 4 19 20. "Person" means an individual, corporation, limited 4 20 liability company, government or governmental subdivision or 4 21 agency, business trust, estate, trust, partnership or 4 22 association, or any other legal entity. 4 23 21. "Private residence" means a separate dwelling or a 4 24 separate apartment in a multiple dwelling, which is occupied 4 25 by members of a single-family unit. 4 26 22. "Repair" means a repair as defined in the applicable 4 27 standards and that does not require a permit. 4 28 23. "Temporarily dormant elevator, dumbwaiter, or 4 29 escalator" means an installation whose power supply has been 4 30 disconnected by removing fuses and placing a padlock on the 4 31 mainline disconnect switch in the off position with the car 4 32 parked and the hoistway doors in the closed and latched 4 33 position. A wire seal shall be installed on the mainline 4 34 disconnect switch by an elevator inspector. This installation 4 35 shall not be used again until it has been put in safe running 5 1 order and is in condition for use. Annual inspections shall 5 2 continue for the duration of the temporarily dormant status by 5 3 an elevator inspector. "Temporarily dormant" status shall be 5 4 renewable on an annual basis, and shall not exceed a five-year 5 5 period. The inspector shall file a report with the 5 6 commissioner describing the current conditions. The wire seal 5 7 and padlock shall not be removed for any purpose without 5 8 permission from the elevator inspector. 5 9 All other building transportation terms as defined in the 5 10 latest edition of ASME standard A17.1 and ASME standard A18.1 5 11 are adopted by reference. 5 12 Sec. 6. NEW SECTION. 89A.106 ELEVATOR SAFETY REVIEW 5 13 BOARD. 5 14 1. An elevator safety review board is created, consisting 5 15 of nine members, one of whom shall be the commissioner of 5 16 labor or the commissioner's designee, and one of whom shall be 5 17 the director of the department of inspections and appeals or 5 18 the director's designee. The governor shall appoint the 5 19 remaining seven members of the board, subject to senate 5 20 confirmation as follows: one representative from a major 5 21 elevator manufacturing company or its authorized 5 22 representative; one representative from an elevator servicing 5 23 company; one representative from the architectural design or 5 24 elevator consulting profession; one representative from the 5 25 general public; one representative from a municipality in the 5 26 state; one representative from a building owner or manager; 5 27 and one representative of labor involved in the installation, 5 28 maintenance, and repair of elevators. 5 29 2. The members constituting the board shall serve for 5 30 terms of three years, excluding the director of the department 5 31 of inspections and appeals or the director's designee, and the 5 32 commissioner of labor or the commissioner's designee, who 5 33 shall serve continuously. The members shall serve without 5 34 salary. Each board member shall be reimbursed for actual and 5 35 necessary travel and expenses incurred in performance of their 6 1 duties. The governor shall appoint one of the members to 6 2 serve as chair and the chair shall be the deciding vote in the 6 3 event of a tie vote. 6 4 Sec. 7. NEW SECTION. 89A.107 MEETINGS OF THE BOARD. 6 5 The board shall meet and organize within thirty days after 6 6 the appointment of its members and at such meeting shall elect 6 7 one member to be secretary of the board to serve during the 6 8 term to be fixed by the rules to be adopted by the board. The 6 9 board shall meet regularly once each month at a time and place 6 10 to be fixed by the board and at such times as the board deems 6 11 necessary for the consideration of code regulations, appeals, 6 12 variances, and for the transaction of such other business as 6 13 may properly come before the board. Special meetings shall be 6 14 called as provided in the rules. 6 15 Sec. 8. NEW SECTION. 89A.108 POWERS OF THE BOARD. 6 16 1. The board may consult engineering authorities and 6 17 organizations concerned with standard safety codes, rules, and 6 18 regulations governing the operation, maintenance, servicing, 6 19 construction, alteration, installation, and inspection of 6 20 elevators, dumbwaiters, escalators, moving sidewalks, platform 6 21 lifts and stairway chairlifts, and automated people movers. 6 22 2. The board shall adopt rules pursuant to chapter 17A 6 23 governing the regulation of equipment pursuant to this 6 24 chapter. The rules shall include the safety code for 6 25 elevators and escalators, ASME standard A17.1; the safety code 6 26 for existing elevators and escalators, ASME standard A17.3; 6 27 the safety standards for platform lifts and stairway 6 28 chairlifts, ASME standard A18.1; the standards for the 6 29 qualification of elevator inspectors, ASME standards QEI-1; 6 30 and standards for automated people movers, ASCE standard 21. 6 31 The board shall adopt by rule the latest editions of the 6 32 applicable standards within six months of the effective date 6 33 of the standards. Any modifications to the standards, that 6 34 the board deems necessary, shall be justified in writing by 6 35 the board. 7 1 3. The board may grant exceptions and variances from the 7 2 literal requirements of applicable code and standards, 7 3 regulations, or local legislation in cases where such 7 4 variances would not jeopardize the safety and welfare of the 7 5 public. The board may hear appeals, hold hearings, and issue 7 6 decisions in accordance with the requirements of chapter 17A. 7 7 4. The board shall establish fee schedules for permits, 7 8 certificates, and inspections. The fees shall reflect the 7 9 actual costs and expenses necessary to operate the board and 7 10 to perform the duties of the commissioner as described in this 7 11 chapter. 7 12 Sec. 9. NEW SECTION. 89A.109 REGISTRATION OF EXISTING 7 13 ELEVATORS, PLATFORM LIFTS, DUMBWAITERS, ESCALATORS, MOVING 7 14 WALKS, AND ANY OTHER CONVEYANCES. 7 15 Within six months after the date of the appointment of the 7 16 board, the owner or lessee of every existing conveyance shall 7 17 register with the commissioner each such elevator, dumbwaiter, 7 18 platform lift, escalator or device, or other conveyance, 7 19 subject to regulation by this chapter, owned and operated by 7 20 them, giving the type, rated load and speed, name of 7 21 manufacturer, its location, and the purpose for which it is 7 22 used and such additional information as the commissioner may 7 23 require. Elevators, dumbwaiters, platform lifts, escalators, 7 24 and moving walks or other conveyances upon which construction 7 25 has begun subsequent to the date of the creation of the board 7 26 shall be registered at the time they are completed and placed 7 27 in service. 7 28 Sec. 10. NEW SECTION. 89A.110 COMPLIANCE WITH STATE FIRE 7 29 PREVENTION AND BUILDING CODE. 7 30 The installation, service, and maintenance of elevators and 7 31 other conveyances subject to regulation by this chapter shall 7 32 be performed in compliance with the provisions contained in 7 33 applicable fire prevention and building codes, and with 7 34 generally accepted standards referenced in such codes. 7 35 Sec. 11. NEW SECTION. 89A.111 PERMITS. 8 1 1. An elevator or other conveyance, covered by this 8 2 chapter shall not be erected, constructed, installed, or 8 3 altered within buildings or structures in this state unless a 8 4 permit has been obtained from the commissioner before the work 8 5 is commenced. If a material alteration, as defined herein, is 8 6 made, the device shall conform to applicable requirements in 8 7 ASME standard A17.1; ASME standard A18.1, or ASCE standard 21 8 8 for the alteration. A copy of the permit shall be kept at the 8 9 construction site at all times while the work is in progress. 8 10 2. The permit fee the be as set by the board. Permit fees 8 11 collected are nonrefundable. 8 12 3. Each application for a permit shall be accompanied by 8 13 copies of specifications, accurately scaled and fully 8 14 dimensioned plans showing the location of the installation in 8 15 relation to the plans and elevation of the building, the 8 16 location of the machinery room and the equipment to be 8 17 installed, relocated, or altered, and all structural 8 18 supporting members, including foundations, and shall specify 8 19 all materials to be employed and all loads to be supported or 8 20 conveyed. Such plans and specifications shall be sufficiently 8 21 complete to illustrate all details of construction and design. 8 22 The applicable fees shall accompany each permit application. 8 23 4. Permits may be revoked for any of the following 8 24 reasons: 8 25 a. A permit applicant made false statements or 8 26 misrepresentations of material facts in the application, 8 27 plans, or specifications on which the permit was based. 8 28 b. The permit was issued in error and should not have been 8 29 issued in accordance with applicable standards and this 8 30 chapter. 8 31 c. The work detailed under the permit is not being 8 32 performed in accordance with the provisions of the 8 33 application, plans, or specifications or with the applicable 8 34 standards or conditions of the permit. 8 35 d. The elevator contractor to whom the permit was issued 9 1 fails or refuses to comply with an order. 9 2 5. Permits shall expire if either of the following occurs: 9 3 a. The work authorized by such permit is not commenced 9 4 within six months after the date of issuance, or within a 9 5 shorter period of time as the commissioner in the 9 6 commissioner's discretion may specify at the time the permit 9 7 is issued. For good cause, the commissioner at the 9 8 commissioner's discretion may allow an extension of the six- 9 9 month period. 9 10 b. The work is suspended or abandoned after the work has 9 11 started for a period of sixty days, or such shorter period of 9 12 time as the commissioner in the commissioner's discretion may 9 13 specify at the time the permit is issued. For good cause, the 9 14 commissioner at the commissioner's discretion may allow an 9 15 extension of the sixty-day period. 9 16 Sec. 12. NEW SECTION. 89A.112 NEW INSTALLATIONS – 9 17 ANNUAL INSPECTIONS AND REGISTRATIONS. 9 18 1. Prior to any new conveyance being used, the property 9 19 owner or lessee must obtain a certificate of operation from 9 20 the commissioner. A fee as determined by the board shall be 9 21 paid for the certificate of operation. It is the 9 22 responsibility of the elevator contractor to complete and 9 23 submit an application for registration of new installations. 9 24 A certificate of operation for newly installed platform lifts 9 25 and stairway chairlifts for private residences shall be issued 9 26 subsequent to an inspection by an elevator inspector. 9 27 2. A certificate of operation fee for all new and existing 9 28 platform and stairway chairlifts and a certificate of 9 29 operation renewal fee shall be waived for private residences. 9 30 The commissioner or the commissioner's designee shall inspect, 9 31 in accordance with the requirements set forth in this chapter, 9 32 all newly installed and existing platform lifts and stairway 9 33 chairlifts for private residences subsequent to an inspection 9 34 by an elevator inspector. The commissioner shall provide 9 35 notice to the owner of the private residence where the 10 1 conveyance is located that contains relevant information about 10 2 conveyance safety requirements, including, but not limited to, 10 3 having the owner contact the commissioner in order to ensure 10 4 that the conveyance is periodically and timely inspected and 10 5 made safe before the permit for the conveyance expires. 10 6 Inspections shall only be done at the request of the private 10 7 residence owner. The penalty provisions of this chapter shall 10 8 not apply to private residence owners. 10 9 3. Certificates of operation shall be renewed annually 10 10 except for certificates issued for platform and stairway 10 11 chairlifts for private residences, which shall be valid for a 10 12 period of three years. Certificates of operation must be 10 13 clearly displayed on or in each conveyance or in the machine 10 14 room of the conveyance. 10 15 Sec. 13. NEW SECTION. 89A.113 INSURANCE REQUIREMENTS. 10 16 1. Elevator contractors shall submit to the commissioner 10 17 an insurance policy, a certified copy of the insurance policy, 10 18 or an appropriate certificate of insurance, issued by an 10 19 insurance company authorized to do business in the state, 10 20 which provides general liability coverage of at least one 10 21 million dollars for injury or death of any number of persons 10 22 in any one occurrence, general liability coverage of at least 10 23 five hundred thousand dollars for property damage in any one 10 24 occurrence, and workers' compensation insurance coverage as 10 25 required by state law. 10 26 2. Elevator inspectors, not employed by the state, shall 10 27 submit to the commissioner an insurance policy, a certified 10 28 copy of the insurance policy or an appropriate certificate of 10 29 insurance, issued by an insurance company authorized to do 10 30 business in the state, which provides general liability 10 31 coverage of at least one million dollars for injury or death 10 32 of any number of persons in any one occurrence, general 10 33 liability coverage of at least five hundred thousand dollars 10 34 for property damage in any one occurrence, and workers' 10 35 compensation insurance coverage as required by state law. 11 1 3. Such policies, certified copies of insurance policies, 11 2 or appropriate certificates of insurance, approved as to form 11 3 and sufficiency by the commissioner, shall be delivered to the 11 4 commissioner before or at the time of the issuance of a permit 11 5 or on an annual basis. In the event of any material 11 6 alteration or cancellation of any policy, at least ten days' 11 7 notice of the cancellation shall be given to the commissioner. 11 8 Sec. 14. NEW SECTION. 89A.114 ENFORCEMENT. 11 9 1. The board shall develop an enforcement program which 11 10 will ensure compliance with the requirements of this chapter. 11 11 This enforcement program shall include but not be limited to: 11 12 a. Making regulations for identification of property 11 13 locations which are subject to the requirements of this 11 14 chapter. 11 15 b. Issuing notification to violating property owners or 11 16 operators. 11 17 c. Conducting random on-site inspections and tests on 11 18 existing installations. 11 19 d. Witnessing periodic inspections and testing in order to 11 20 ensure satisfactory performance of the inspections and 11 21 testing. 11 22 e. Assisting in development of public awareness programs. 11 23 2. A person may make a request for an investigation into 11 24 an alleged violation of this chapter by giving notice to the 11 25 commissioner of such alleged violation. Such request shall be 11 26 in writing, shall set forth with reasonable particularity the 11 27 grounds for the request, and shall be signed by the person 11 28 making the request. Upon the request of the person signing 11 29 the request, that person's name shall not appear on any copy 11 30 of such request or on any other record published, released, or 11 31 made available to the public. 11 32 3. If upon receipt of a request for investigation, the 11 33 commissioner determines that reasonable grounds exist to 11 34 believe that such violation has occurred, the commissioner 11 35 shall make an investigation in accordance with the provisions 12 1 of this chapter as soon as is practicable to determine if such 12 2 violation has occurred. If the commissioner determines that 12 3 there are no reasonable grounds to believe that a violation 12 4 has occurred, the commissioner shall notify the party who made 12 5 the request, in writing, of such determination. 12 6 Sec. 15. NEW SECTION. 89A.115 LIABILITY. 12 7 This chapter shall not be construed to relieve or reduce 12 8 the responsibility or liability of a person owning, operating, 12 9 controlling, maintaining, erecting, constructing, installing, 12 10 altering, inspecting, testing, or repairing any elevator or 12 11 other related conveyance covered by this chapter for damages 12 12 to persons or property caused by any defect of an elevator or 12 13 other conveyance. The state does not assume liability or 12 14 responsibility for damages to persons or property by the 12 15 adoption of this chapter or any acts or omissions arising 12 16 under this chapter. 12 17 Sec. 16. NEW SECTION. 89A.116 CIVIL AND CRIMINAL 12 18 PENALTIES FOR OFFENSES. 12 19 An owner or lessee who violates any of the provisions of 12 20 this chapter commits a simple misdemeanor. 12 21 Sec. 17. NEW SECTION. 89A.117 PROVISIONS NOT 12 22 RETROACTIVE. 12 23 The provisions of this chapter are not retroactive unless 12 24 otherwise stated and equipment shall be required to comply 12 25 with the applicable code at the date of its installation or 12 26 within the period determined by the board for compliance with 12 27 ASME standard A17.3, whichever is more stringent. If upon 12 28 inspection, equipment covered by this chapter is found to be 12 29 in dangerous condition or there is an immediate hazard to 12 30 those riding or using such equipment, or if the design or the 12 31 method of operation in combination with equipment used is 12 32 considered inherently dangerous, in the opinion of the 12 33 commissioner, the commissioner shall notify the owner of the 12 34 dangerous condition and shall order alterations or additions 12 35 as the commissioner deems necessary to eliminate the dangerous 13 1 condition. 13 2 Sec. 18. NEW SECTION. 89A.118 INSPECTION AND TESTING. 13 3 1. The owner of all new and existing conveyances located 13 4 in a building or structure shall have the conveyance inspected 13 5 annually pursuant to ASME standard A17.1, category one, by an 13 6 elevator inspector. Subsequent to inspection, the elevator 13 7 inspector shall supply the property owner or lessee, and the 13 8 commissioner with a written inspection report describing any 13 9 code violations. The commissioner shall ensure code 13 10 compliance by the owner of the property. Property owners 13 11 shall have thirty days from the date of the published 13 12 inspection report to be in full compliance with the code. 13 13 2. The owner of all conveyances shall have an elevator 13 14 contractor, as described in this chapter, ensure that the 13 15 required tests are performed at intervals in compliance with 13 16 ASME standard A17.1, ASME standard A18.1, and ASCE standard 13 17 21. 13 18 3. All tests shall be performed by an elevator mechanic. 13 19 Sec. 19. NEW SECTION. 89A.119 STATE LAW, CODE, OR 13 20 REGULATION. 13 21 If a provision in this chapter is found to be inconsistent 13 22 with any other provision of applicable state law, the state 13 23 law shall prevail. This chapter, unless specifically stated 13 24 otherwise, is not intended to establish more stringent or more 13 25 restrictive standards than standards set forth in any other 13 26 applicable state law. 13 27 Sec. 20. Section 10A.601, subsections 1 and 7, Code 13 28 Supplement 2003, are amended to read as follows: 13 29 1. A full-time employment appeal board is created within 13 30 the department of inspections and appeals to hear and decide 13 31 contested cases under chapter 8A, subchapter IV, and chapters 13 32 80, 88,89A,91C, 96, and 97B. 13 33 7. An application for rehearing before the appeal board 13 34 shall be filed pursuant to section 17A.16, unless otherwise 13 35 provided in chapter 8A, subchapter IV, or chapter 80, 88,89A,14 1 91C, 96, or 97B. A petition for judicial review of a decision 14 2 of the appeal board shall be filed pursuant to section 17A.19. 14 3 The appeal board may be represented in any such judicial 14 4 review by an attorney who is a regular salaried employee of 14 5 the appeal board or who has been designated by the appeal 14 6 board for that purpose, or at the appeal board's request, by 14 7 the attorney general. Notwithstanding the petitioner's 14 8 residency requirement in section 17A.19, subsection 2, a 14 9 petition for judicial review may be filed in the district 14 10 court of the county in which the petitioner was last employed 14 11 or resides, provided that if the petitioner does not reside in 14 12 this state, the action shall be brought in the district court 14 13 of Polk county, Iowa, and any other party to the proceeding 14 14 before the appeal board shall be named in the petition. 14 15 Notwithstanding the thirty-day requirement in section 17A.19, 14 16 subsection 6, the appeal board shall, within sixty days after 14 17 filing of the petition for judicial review or within a longer 14 18 period of time allowed by the court, transmit to the reviewing 14 19 court the original or a certified copy of the entire records 14 20 of a contested case. The appeal board may also certify to the 14 21 court, questions of law involved in any decision by the appeal 14 22 board. Petitions for judicial review and the questions so 14 23 certified shall be given precedence over all other civil cases 14 24 except cases arising under the workers' compensation law of 14 25 this state. No bond shall be required for entering an appeal 14 26 from any final order, judgment, or decree of the district 14 27 court to the supreme court. 14 28 Sec. 21. Section 331.304, subsection 4, Code 2003, is 14 29 amended by striking the subsection. 14 30 Sec. 22. Section 602.8102, subsection 25, Code Supplement 14 31 2003, is amended by striking the subsection. 14 32 Sec. 23. Chapter 89A, Code 2003 and Code Supplement 2003, 14 33 is repealed. 14 34 EXPLANATION 14 35 This bill enacts a new Code chapter 89A relating to the 15 1 design, construction, operation, inspection, testing, 15 2 maintenance, alteration, and repair of elevators and other 15 3 related conveyances, including but not limited to platform 15 4 lifts, stairway chairlifts, escalators and moving walks, 15 5 dumbwaiters and material lifts, and automated people movers. 15 6 Current Code chapter 89A is repealed. 15 7 The bill defines elevators and other conveyances with 15 8 reference to standards promulgated by the American national 15 9 standards institute (ANSI), the American society of mechanical 15 10 engineers (ASME), and the American society of civil engineers 15 11 (ASCE). 15 12 The bill defines the duties of persons who are employed as 15 13 elevator contractors, elevator helpers and apprentices, 15 14 elevator inspectors, and elevator mechanics. 15 15 The bill creates an elevator safety review board consisting 15 16 of nine members, including the commissioner of labor and the 15 17 director of the department of inspections and appeals or their 15 18 designees and seven other members appointed by the governor, 15 19 representing an elevator manufacturing company, an elevator 15 20 servicing company, an architectural designer or elevator 15 21 consulting professional, the general public, a municipality, a 15 22 building owner or manager, and a representative of labor 15 23 involved with elevators. 15 24 The bill provides that the elevator board meet monthly to 15 25 consider codes, regulations, appeals, variances, and proposed 15 26 legislation and to adopt rules governing regulation of 15 27 equipment pursuant to new Code chapter 89A, including safety 15 28 codes and standards. 15 29 The bill requires that within six months after the date of 15 30 appointment of the elevator safety review board, the owner or 15 31 lessee of every existing elevator or other conveyance subject 15 32 to regulation by this bill shall be registered with the 15 33 commissioner of labor. Installation, service, and maintenance 15 34 of elevators and other conveyances subject to regulation by 15 35 this bill must be performed in compliance with applicable fire 16 1 and building codes. 16 2 The bill requires that an elevator or other conveyance 16 3 regulated by the bill shall not be erected, constructed, 16 4 installed, or altered unless a permit is first obtained from 16 5 the commissioner of labor before the work is commenced, upon 16 6 an application as set forth in the bill, including detailed 16 7 plans and specifications of the work to be performed. 16 8 The bill requires inspection of all new installations 16 9 before use and before a certificate of operation can be 16 10 issued. The certificate of operation fee is waived for 16 11 private residences and the inspection of private residences by 16 12 the commissioner shall be performed after an inspection by an 16 13 elevator inspector. Inspections of private residences by the 16 14 commissioner shall only be done at the request of the private 16 15 residence owner. Certificates of operation must be renewed 16 16 annually except for platform and stairway chairlifts in 16 17 private residences, which are valid for a period of three 16 18 years. 16 19 The bill requires elevator contractors and elevator 16 20 inspectors not employed by the state to submit an insurance 16 21 policy, a certified copy of an insurance policy, or an 16 22 appropriate certificate of insurance to the commissioner of 16 23 labor that provides general liability coverage of at least $1 16 24 million for personal injury, $500,000 for property damage, and 16 25 workers' compensation coverage as required by state law. 16 26 The bill provides that the elevator safety review board 16 27 shall develop an enforcement program to ensure compliance with 16 28 the requirements of the bill. The bill also provides that a 16 29 person may request that the commissioner investigate alleged 16 30 violations of the bill and that if reasonable grounds exist to 16 31 believe that a violation exists, the commissioner shall 16 32 conduct an investigation. If the commissioner determines that 16 33 there are no reasonable grounds to believe that a violation 16 34 exists, the commissioner shall notify the requesting party of 16 35 that fact. 17 1 The bill provides that the Code chapter shall not be 17 2 construed to relieve or reduce the existing responsibility or 17 3 liability of a person that performs work on elevators or other 17 4 conveyances subject to regulation by the bill. 17 5 The bill provides that a violation of the provisions of the 17 6 bill is a simple misdemeanor. A simple misdemeanor is 17 7 punishable by confinement for no more than 30 days or a fine 17 8 of at least $50 but not more than $500, or by both. 17 9 The bill provides that its provisions are not retroactive 17 10 unless otherwise stated, and equipment is required to comply 17 11 with the applicable code in effect at the date of its 17 12 installation or within the period determined by the board for 17 13 compliance with ASME standard A17.3, whichever is more 17 14 stringent, except that if a device regulated by this Code 17 15 chapter is found to be in a dangerous condition or poses an 17 16 immediate hazard to those riding or using such equipment, the 17 17 commissioner shall notify the owner and order alterations or 17 18 additions as the commissioner deems necessary to eliminate the 17 19 dangerous condition. 17 20 The bill also requires the owner of all new and existing 17 21 elevators and other conveyances subject to regulation by the 17 22 bill to have those conveyances inspected annually. The 17 23 elevator inspector is directed to supply the property owner or 17 24 lessee and the commissioner with a written inspection report 17 25 describing any code violations and the commissioner shall 17 26 ensure that the violations are brought into compliance with 17 27 the bill. 17 28 The bill provides that if another state law is inconsistent 17 29 with the provisions of the bill, the other state law prevails. 17 30 LSB 5543HC 80 17 31 av/sh/8
Text: HSB00580 Text: HSB00582 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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