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89A.3 Rules.

1. The commissioner may adopt rules governing maintenance, construction, alteration, and installation of facilities, and the inspection and testing of new and existing installations as necessary to provide for the public safety, and to protect the public welfare.

The commissioner shall adopt, amend, or repeal rules pursuant to chapter 17A as the commissioner deems necessary for the execution of the commissioner's duties under this chapter, which shall include, but not be limited to, rules providing for:

a. Classifications of types of facilities.

b. Maintenance, inspection, testing, and operation of the various classes of facilities.

c. Construction of new facilities.

d. Alteration of existing facilities.

e. Minimum safety requirements for all existing facilities.

f. Control or prevention of access to facilities or dormant facilities.

g. The reporting of accidents and injuries arising from the use of facilities.

h. The specification of hearing and appeal procedures used by the commissioner.

i. Qualifications for obtaining an inspector's license.

j. The adoption of procedures for the issuance of variances.

k. The amount of fees charged and collected for inspection, permits, and licenses. Fees shall be set at an amount sufficient to cover costs as determined from consideration of the reasonable time required to conduct an inspection, reasonable hourly wages paid to inspectors, and reasonable transportation and similar expenses.

2. Insofar as applicable, rules adopted for facilities installed after January 1, 1975, shall be based on the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, and supplements to the Code, A17.1. The commissioner shall adopt rules for facilities installed prior to January 1, 1975, according to the applicable provisions of such American National Standard Safety Code as the commissioner deems necessary. In adopting rules the commissioner may adopt the American National Standard Safety Code, or any part of the Code, by reference.

3. The commissioner may adopt rules permitting existing passenger and freight elevators to be modified into material lift elevators. The American national standard safety standards for conveyors and related equipment, B20.1, shall be the basis for the rules.

4. The commissioner shall furnish copies of the rules adopted by the commissioner to any person who requests them, without charge, or upon payment of a charge not to exceed the actual cost of printing of the rules.

5. The commissioner may adopt rules permitting inclined or vertical wheelchair lifts in churches and houses of worship to service more than one floor.

Section History: Early form

[C24, 27, 31, 35, 39, § 1678; C46, 50, 54, 58, 62, 66, 71, 73, § 104.1; C75, 77, 79, 81, § 104.3]

Section History: Recent form

84 Acts, ch 1094, § 2; 86 Acts, ch 1157, § 3 ~IC87, § 89A.3 ~I88 Acts, ch 1042, §4

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