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. The commissioner shall adopt rules for facilities according to the applicable provisions of the American society of mechanical engineers safety codes for elevators and escalators, A17.1 and A17.3, as the commissioner deems necessary. In adopting rules the commissioner may adopt the American society of mechanical engineers safety codes, or any part of the codes, by reference.
The commissioner may adopt rules permitting existing passenger and freight elevators to be modified into material lift elevators.
3. A rule adopted pursuant to this section which adopts standards by reference to another publication shall be exempt from the requirements of section 17A.6, subsection 4, if the following conditions exist:
a. The cost of the publication is an unreasonable expense when compared to the anticipated usage of the publication.
b. A copy of the publication is available from an entity located within the state capitol complex.
c. The rule identifies the location where the publication is available.
d. The administrative rules coordinator approves the exemption.
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.
[C24, 27, 31, 35, 39, § 1678; C46, 50, 54, 58, 62, 66, 71, 73, § 104.1; C75, 77, 79, 81, § 104.3]
84 Acts, ch 1094, § 2; 86 Acts, ch 1157, § 3
C87, § 89A.3
88 Acts, ch 1042, §4; 99 Acts, ch 68, §5, 6
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