89A.4
|
|
Director’s duties and personnel. |
89A.5
|
|
Registration of conveyances. |
89A.6
|
|
Inspections — reports — nonliability. |
89A.8
|
|
New installation permits. |
89A.10
|
|
Enforcement orders by director — injunction.
|
89A.11
|
|
Nonconforming conveyances. |
89A.14
|
|
Continuing duty of owner. |
89A.15
|
|
Inspections by local authorities. |
89A.25
|
|
Short title. Transferred to §89A.1A; 2023 Acts, ch 64, §110.
|
As used in
this chapter, except as otherwise expressly provided:
1. “Alteration” means any change made to an existing conveyance, other than the repair or replacement of damaged, worn, or broken parts necessary
for normal maintenance.
2. “Conveyance” means an elevator, dumbwaiter, escalator, moving walk, lift, or inclined or vertical wheelchair lift subject to regulation
under this chapter, and includes hoistways, rails, guides, and all other related mechanical and electrical equipment.
3. “Department” means the department of inspections, appeals, and licensing.
4. “Director” means the director of the department of inspections, appeals, and licensing.
5. “Dormant conveyance” means a conveyance whose power feed lines have been disconnected from the mainline disconnect switch and is one of the following: a. An electric elevator, material lift, or dumbwaiter whose suspension ropes have been removed, whose car and counterweight rest
at the bottom of the hoistway, and whose hoistway doors have been permanently barricaded or sealed in the closed position
on the hoistway side.
b. A hydraulic elevator, material lift, or dumbwaiter whose car rests at the bottom of the hoistway, whose pressure piping has
been disassembled and a section removed from the premises; whose hoistway doors have been permanently barricaded or sealed
in the closed position on the hoistway side; and, if provided, whose suspension ropes have been removed and the counterweights
landed at the bottom of the hoistway.
c. An escalator or moving walk whose entrances have been permanently barricaded.
d. A rack and pinion or screw column elevator, whose motor has been removed, platform lowered to the bottom, and entrances barricaded.
6. “Dumbwaiter” means a hoisting and lowering mechanism equipped with a car which moves in guides in a substantially vertical direction,
when the floor area does not exceed nine square feet, the total compartment height does not exceed four feet, the capacity
does not exceed five hundred pounds, and which is used exclusively for carrying materials.
7. “Elevator” means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical
direction, and which serves two or more floors of a building or structure. “Elevator” does not include a dumbwaiter, endless belt, conveyor, chain or bucket hoist, construction hoist, or other device used for
the primary purpose of elevating or lowering building or other materials and not used as a means of conveyance for individuals,
and does not include tiering, piling, feeding, or other machines or devices giving service within only one story.
8. “Escalator” means a power-driven, inclined, continuous stairway used for raising or lowering passengers.
9. “Freight elevator” means an elevator used for carrying freight and on which only the operator and persons necessary for unloading and loading
the freight are permitted to ride.
10. “Inclined or vertical wheelchair lift” means a lift used to transport a wheelchair as specified in the American society of mechanical engineers safety standard
for platform lifts and stairway chairlifts, A18.1.
11. “Inspector” means an inspector employed by the department for the purpose of administering this chapter.
12. “Lift” means a device consisting of a power-driven endless belt, provided with steps or platforms and handholds attached to it for
the transportation of persons from floor to floor.
13. “Material lift elevator” means an elevator limited in use to the movement of materials.
14. “Moving walk” means a type of passenger-carrying device on which passengers stand or walk, and in which the passenger-carrying surface
remains parallel to its direction in motion and is uninterrupted.
15. “New installation” means a conveyance the construction or relocation of which is begun, or for which an application for a new installation permit
is filed, on or after the effective date of rules relating to those permits adopted by the director under authority of this chapter. All other installations are existing installations.
16. “Owner” means the owner of a conveyance, unless the conveyance is a new installation or is undergoing major alterations, in which
case the owner shall be considered the person responsible for the installation or alteration of the conveyance until the conveyance
has passed final inspection by the department.
17. “Passenger elevator” means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading.
18. “Safety board” means the elevator safety board created in section 89A.13.
19. “Special inspector” means an inspector commissioned by the director, and not employed by the department.
[C75, 77, 79, 81, §104.1]
88 Acts, ch 1025, §3;
96 Acts, ch 1186, §23;
99 Acts, ch 68, §4;
2000 Acts, ch 1097, §2;
2004 Acts, ch 1107, §11, 12, 30;
2007 Acts, ch 16, §2;
2008 Acts, ch 1029, §1; 2023 Acts, ch 19, §1804 – 1806
This chapter shall be known as the
“Iowa State Elevator Code”.
[C75, 77, 79, 81, §104.18]
C83, §104.25
C87, §89A.25
1. The provisions of this chapter shall not apply to any of the following: a. Any conveyance installed in any single private dwelling residence.
d. Material lift elevators existing in the same location since prior to January 1, 1975.
e. Conveyances over which an agency of the federal government is asserting similar enforcement jurisdiction.
f. An elevator installed in a building in a federally designated national historic district as long as each of the following
conditions is met: (1) The owner of the building owns a commercial enterprise that occupies the first story of the building.
(2) The building has no more than two stories above the first story of the building.
(3) The owner of the building lives in the upper stories of the building.
(4) The building has sufficient physical barriers or safety protocols to ensure that only the owner, the owner’s guests, or a
government official acting in an official capacity can access the elevator.
2. Provisions of this chapter supersede conflicting provisions contained in building codes of this state or any subdivision of this state.
[C75, 77, 79, 81, §104.2]
C87, §89A.2
1. The safety board may adopt rules governing maintenance, construction, alteration, and installation of conveyances, and the
inspection and testing of new and existing installations as necessary to provide for the public safety, and to protect the
public welfare.
2. The safety board shall adopt, amend, or repeal rules pursuant to chapter 17A as it deems necessary for the administration of this chapter, which shall include but not be limited to rules providing for: a. Classifications of types of conveyances.
b. Maintenance, inspection, testing, and operation of the various classes of conveyances.
c. Construction of new conveyances.
d. Alteration of existing conveyances.
e. Minimum safety requirements for all existing conveyances.
f. Control or prevention of access to conveyances or dormant conveyances.
g. The reporting of accidents and injuries arising from the use of conveyances.
h. The adoption of procedures for the issuance of variances.
i. The amount of fees charged and collected for inspection, permits, and commissions. 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. The safety board shall also be authorized to
consider setting reduced fees for nonprofit associations and nonprofit corporations, as described in chapters 501B and 504.
j. Submission of information such as plans, drawings, and measurements concerning new installations and alterations.
3. The safety board shall adopt rules for conveyances 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 safety board deems necessary. In adopting rules
the safety board may adopt the American society of mechanical engineers safety codes, or any part of the codes, by reference.
4. The safety board may adopt rules permitting existing passenger and freight elevators to be modified into material lift elevators.
5. The director shall furnish copies of the rules adopted pursuant to this chapter 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.
6. The safety board may adopt rules permitting inclined or vertical wheelchair lifts in churches and houses of worship to service
more than one floor.
7. The director may adopt rules pursuant to chapter 17A relating to the denial, issuance, revocation, and suspension of special inspector commissions.
[C24, 27, 31, 35, 39, §1678; C46, 50, 54, 58, 62, 66, 71, 73, §104.1; C75, 77, 79, 81, §104.3]
C87, §89A.3
88 Acts, ch 1042, §4; 99 Acts, ch 68, §5, 6; 2004 Acts, ch 1107, §13 – 17, 30; 2007 Acts, ch 16, §4; 2009 Acts, ch 85, §2; 2010 Acts, ch 1031, §55; 2011 Acts, ch 34, §21; 2020 Acts, ch 1103, §35, 51; 2023 Acts, ch 19, §1807; 2024 Acts, ch 1169, §14
89A.4 Director’s duties and personnel.
[C75, 77, 79, 81, §104.4]
89A.5 Registration of conveyances.
The owner of every existing conveyance, whether or not dormant, shall register the conveyance with the director, giving type,
contract load and speed, name of manufacturer, its location, and the purpose for which it is used, and other information the
director may require. Registration shall be made in a format required by the department.
[C75, 77, 79, 81, §104.5]
89A.6 Inspections — reports — nonliability.
All new and existing conveyances, except dormant conveyances, shall be tested and inspected in accordance with the following
schedule:
1. Every new or altered conveyance shall be inspected and tested before the operating permit is issued.
2. Every existing conveyance registered with the director shall be inspected within one year after the effective date of the
registration, except that the safety board may extend by rule the time specified for making inspections.
3. Every conveyance shall be inspected not less frequently than annually, except that the safety board may adopt rules providing
for inspections of conveyances at intervals other than annually.
4. The inspections required by subsections 1 through 3 shall be made only by inspectors or special inspectors. An inspection by a special inspector may be accepted by the director
in lieu of a required inspection by an inspector.
5. A report of every inspection shall be filed with the director by the inspector or special inspector, in a format required
by the director, after the inspection has been completed and within the time provided by rule, but not to exceed thirty days.
The report shall include all information required by the director to determine whether the conveyance is in compliance with
applicable rules. For the inspection required by subsection 1, the report shall indicate whether the conveyance has been installed in accordance with the detailed plans and specifications
approved by the director, and meets the requirements of the applicable rules. The failure of a special inspector to inform
the director of violations shall not subject the director to liability for any damages incurred.
6. In addition to the inspections required by subsections 1 through 3, the safety board may provide by rule for additional inspections as the safety board deems necessary to enforce the provisions
of this chapter.
C87, §89A.6
92 Acts, ch 1098, §5; 99 Acts, ch 68, §8; 2004 Acts, ch 1107, §18, 30; 2007 Acts, ch 16, §6; 2021 Acts, ch 80, §45; 2023 Acts, ch 19, §1810
89A.7 Alteration permits.
The owner shall submit to the director detailed plans, specifications, and other information the director may require for
each conveyance to be altered, together with an application for an alteration permit, in a format required by the director.
Repairs or replacements necessary for normal maintenance are not alterations, and may be made on existing installations with
parts equivalent in material, strength, and design to those replaced and no plans or specifications or application need be
filed for the repairs or replacements. However,
this section does not authorize the use of any conveyance contrary to an order issued pursuant to
section 89A.10, subsections 2 and 3.
[C75, 77, 79, 81, §104.7]
89A.8 New installation permits.
1. The installation or relocation of a conveyance shall not begin until an installation permit has been issued by the director.
2. An application for an installation permit shall be submitted in a format determined by the director.
3. a. If the application or any accompanying materials indicates a failure to comply with applicable rules, the director shall give
notice of the compliance failures to the person filing the application. b. If the application indicates compliance with applicable rules or after compliance failures have been remedied, the director
shall issue an installation permit for relocation or installation, as applicable.
[C75, 77, 79, 81, §104.8]
1. Operating permits shall be issued by the director to the owner of every conveyance when the inspection report indicates compliance
with the applicable provisions of this chapter. However, a permit shall not be issued if the fees required by this chapter have not been paid. Permits shall be issued within thirty days after filing of the inspection report required by section 89A.6, unless the time is extended for cause by the department. A conveyance shall not be operated after the thirty days or after
an extension granted by the director has expired, unless an operating permit has been issued.
2. The operating permit shall indicate the type of equipment for which it is issued, and in the case of elevators shall state
whether passenger or freight, and also shall state the contract load and speed for each conveyance. The permit shall be posted
conspicuously in the car of an elevator, or on or near a dumbwaiter, escalator, moving walk, or inclined or vertical wheelchair
lift.
[C75, 77, 79, 81, §104.9]
89A.10 Enforcement orders by director — injunction.
1. If an inspection report indicates a failure to comply with applicable rules, or with the detailed plans and specifications
approved by the director, the director may, upon giving notice, order the owner of a conveyance to make the changes necessary
for compliance.
2. If the owner does not make the changes necessary for compliance as required in subsection 1 within the period specified by the director, the director, upon notice, may suspend or revoke the operating permit, or may
refuse to issue the operating permit for the conveyance. The director shall notify the owner of any action to suspend, revoke,
or refuse to issue an operating permit and the reason for the action by service in the same manner as an original notice or
by certified mail. An owner may appeal the director’s initial decision to the safety board. The decision of the safety board
shall be considered final agency action pursuant to chapter 17A.
3. If the director has reason to believe that the continued operation of a conveyance constitutes an imminent danger which could
reasonably be expected to seriously injure or cause death to any person, in addition to any other remedies, the director may
apply to the district court in the county in which such imminently dangerous condition exists for a temporary order for the
purpose of enjoining such imminently dangerous conveyance. Upon hearing, if deemed appropriate by the court, a permanent injunction
may be issued to ensure that such imminently dangerous conveyance be prevented or controlled. Upon the elimination or rectification
of such imminently dangerous condition, the temporary or permanent injunction shall be vacated.
[C75, 77, 79, 81, §104.10]
C87, §89A.10
88 Acts, ch 1109, §7, 8; 99 Acts, ch 68, §11; 2004 Acts, ch 1107, §20, 21, 30; 2007 Acts, ch 16, §9; 2021 Acts, ch 76, §20; 2022 Acts, ch 1021, §30; 2023 Acts, ch 19, §1814
89A.11 Nonconforming conveyances.
The safety board, pursuant to rule, may grant exceptions and variances from the requirements of rules adopted for any conveyance.
Exceptions or variations shall be reasonably related to the age of the conveyance, and may be conditioned upon a repair or
modification of the conveyance deemed necessary by the safety board to assure reasonable safety. However, an exception or
variance shall not be granted except to prevent undue hardship. Such conveyances shall be subject to orders issued pursuant
to
section 89A.10.
89A.12 Access to conveyances.
Every owner of a conveyance subject to regulation by
this chapter shall grant access to that conveyance to the director and personnel of the department. Inspections shall be permitted at
reasonable times, with or without prior notice.
[C75, 77, 79, 81, §104.12]
89A.13 Elevator safety board.
1. An elevator safety board is created within the department to formulate definitions and rules for the safe and proper installation,
repair, maintenance, alteration, use, and operation of conveyances in this state.
2. The safety board is composed of nine members, one of whom shall be the director or the director’s designee. The governor shall
appoint the remaining eight members of the board, subject to senate confirmation, to staggered four-year terms which shall
begin and end as provided in section 69.19. The members shall be as follows: two representatives from an elevator manufacturing company or its authorized representative; two representatives from elevator
servicing companies; one building owner or manager; one representative employed by a local government in this state who is
knowledgeable about building codes in this state; one representative of workers actively involved in the installation, maintenance,
and repair of elevators; and one licensed mechanical engineer.
3. A vacancy in membership shall be filled in the same manner as the original appointment. The members shall serve without salary,
but shall be reimbursed for actual and necessary expenses incurred in the performance of official duties as a member.
4. The members of the safety board shall select a chairperson, vice chairperson, and a secretary from their membership. However,
neither the director nor the director’s designee shall serve as chairperson. The safety board shall meet at least quarterly
but may meet as often as necessary. Meetings shall be set by a majority of the safety board or upon the call of the chairperson,
or in the chairperson’s absence, upon the call of the vice chairperson. A majority of the safety board members shall constitute
a quorum.
5. The owner or user of equipment regulated under this chapter may appeal a notice of defect or an inspection report to the safety board within thirty days after the issuance of the notice
or report. Safety board action constitutes final agency action for purposes of chapter 17A.
6. The safety board shall adopt rules pursuant to chapter 17A necessary to administer the duties of the board.
7. Not later than July 1, 2005, and every three years thereafter, the safety board shall conduct a comprehensive review of existing
conveyance rules, regulations, and standards.
[C75, 77, 79, 81, §104.13]
89A.14 Continuing duty of owner.
Every conveyance shall be maintained by the owner in a safe operating condition and in conformity with the rules adopted by
the safety board.
[C75, 77, 79, 81, §104.14]
89A.15 Inspections by local authorities.
A city or other governmental subdivision shall not make or maintain any ordinance, bylaw, or resolution providing for the
licensing of special inspectors. An ordinance or resolution relating to the inspection, construction, installation, alteration,
maintenance, or operation of conveyances within the limits of the city or governmental subdivision which conflicts with
this chapter or with rules adopted pursuant to
this chapter is void. The director, in the director’s discretion, may accept inspections by local authorities in lieu of inspections required
by
section 89A.6, but only upon a showing by the local authority that applicable laws and rules will be consistently and literally enforced
and that inspections will be performed by special inspectors.
[C75, 77, 79, 81, §104.15]
89A.16 Prosecution of offenses.
The department shall cause prosecution for the violation of the provisions of
this chapter to be instituted by the attorney general in the county in which the violation occurred.
[C75, 77, 79, 81, §104.16]
1. Any owner who violates any of the provisions of this chapter shall be guilty of a simple misdemeanor, unless otherwise specifically provided in this chapter.
2. Any person who bribes or attempts to bribe an inspector shall be subject to criminal proceedings under section 722.1.
[C75, 77, 79, 81, §104.17]
If upon notice and hearing the director determines that an owner has operated a conveyance after an order of the director
that suspends, revokes, or refuses to issue an operating permit for the conveyance has become final under
section 89A.10, subsection 2, the director may assess a civil penalty against the owner in an amount not exceeding five hundred dollars, as determined
by the director. An order assessing a civil penalty is subject to appeal under
section 89A.10, subsection 2, in the same manner and to the same extent as decisions referred to in that subsection. The director may commence an action
in the district court to enforce payment of the civil penalty. A record of assessment against or payment of a civil penalty
by any person for a violation of
this section shall not be admissible as evidence in any court in any civil action. Revenue from the penalty provided in
this section shall be remitted to the treasurer of state for deposit in the state general fund.
All fees collected by the director pursuant to
this chapter shall be remitted to the treasurer of state, to be deposited in the licensing and regulation fund created in
section 10A.507.
89A.20 through 89A.24 Reserved.
89A.25 Short title.
Transferred to §89A.1A; 2023 Acts, ch 64, §110.