CHAPTER 71
ADMINISTRATION OF THE CONVEYANCE SAFETY PROGRAM
875—71.1(89A) Definitions. The definitions contained in this rule shall apply to 875—Chapters 71, 72, and 73.
“Acceptance checklist” means a checklist available on the Web site of the division of labor services that includes a list of major systems and components of conveyances.
“AECO” means an elevator/escalator certification organization accredited pursuant to ASME A17.7.
“Approved” means approved by the division.
“CCD” means code compliance documentation as described in ASME A17.7, Section 2.10.
“CEI” means a person who is a certified elevator inspector or certified elevator inspector supervisor and who received the certification from a certifying organization that holds a valid document of accreditation issued by an accreditation body in accordance with ANSI/ISO/IEC 17024.
“Control” means the system governing the starting, stopping, direction of motion, acceleration, speed and deceleration of the moving member.
“Conveyance” means any elevator, escalator, dumbwaiter, wind tower lift, CPH, or other equipment governed by Iowa Code chapter 89A.
“CPH” means a construction personnel hoist.
“CPH jump” means the addition or removal of mast or tower allowing a change in the hoist service elevation of a CPH.
“Division” means the labor services division of the workforce development department.
“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 CPH.
“Elevator mechanic” means a person who meets the standard for “elevator personnel” found in ASME A17.1.
“Hoistway-unit system” means a series of hoistway-door interlocks, hoistway-door electric contacts or hoistway-door combination mechanical locks and electric contacts, or a combination thereof, the function of which is to prevent operation of the driving machine by the normal operating device unless all hoistway doors are in the closed position and, if required, locked.
“Wind tower lift” means a conveyance designed and utilized solely for movement of trained and authorized people and small loads in wind towers built for the production of electricity.
[ARC 7840B, IAB 6/17/09, effective 7/22/09; ARC 9221B, IAB 11/17/10, effective 12/22/10; ARC 0168C, IAB 6/13/12, effective 7/18/12; ARC 0685C, IAB 4/17/13, effective 5/22/13; ARC 1159C, IAB 10/30/13, effective 12/4/13]
875—71.2(89A) Registration of conveyances. The owner or authorized agent of each operable conveyance not previously registered shall register the conveyance. An application to install a new conveyance shall constitute registration. All registrations shall be submitted to the commissioner on forms available from the division of labor services and shall include all information requested by the labor commissioner.
[ARC 7840B, IAB 6/17/09, effective 7/22/09]
875—71.3(89A) State identification number. The commissioner shall assign an identification number to each conveyance that shall be stamped on a metal tag permanently attached to the controller, to the electrical disconnecting switch, or in a wind tower lift cage.
[ARC 7840B, IAB 6/17/09, effective 7/22/09]
875—71.4(89A) Responsibility for obtaining permits. The procuring of all permits and the payment of all fees required by this chapter shall be the responsibility of the owner. Failure to obtain the appropriate permit prior to installation, alteration or operation may, at the discretion of the labor commissioner, result in a referral to the attorney general for prosecution of criminal penalties as described in Iowa Code section 89A.17.
[ARC 7840B, IAB 6/17/09, effective 7/22/09]
875—71.5(89A) Installation permits.
	71.5(1) Installation shall not begin until an installation permit has been issued by the division. A separate installation permit shall be issued for each conveyance, except that a single installation permit shall cover all identical wind tower lifts installed as the result of one construction contract in identical wind towers in a single wind farm.
	71.5(2) Application for an installation permit shall be accompanied by the fee specified in rule 875—71.16(89A), shall be in the format required by the labor commissioner, and shall include the following, as applicable:
	a. 	Sectional plan of car and hoistway.
	b. 	Sectional plan of machine room.
	c. 	Sectional elevation of hoistway and machine room including the pit, bottom and top clearance of car and counterweights.
	d. 	Size and weight of rails and guide rail bracket spacing.
	e. 	The estimated maximum vertical forces on the guide rails on application of the safety device.
	f. 	In the case of freight elevators for class B or class C loading, the horizontal forces on the guide rail faces during loading and unloading and the estimated maximum horizontal forces in a post-wise direction on the guide rail faces on the application of the safety device.
	g. 	The size and weight per foot of any rail reinforcements where rail reinforcements are provided.
	h. 	Job specifications.
	i. 	For a conveyance covered by ASME A17.7, a complete copy of the CCD with attachments and a complete copy of the Certificate of Conformance with attachments as described by ASME A17.7, Appendix I, Section 4.5.
	j. 	For a CPH, the number of CPH jumps planned, the planned dates for each CPH jump, and the change in the number of floors anticipated with each CPH jump.
	71.5(3) A CPH installation permit issued in response to an application submitted in full compliance with this subrule permits each planned CPH jump. Each CPH jump shall be considered an alteration. The fee submitted for a CPH installation permit shall be the total of the CPH installation permit fee as set forth in subrule 71.16(3) and the CPH alteration permit fee as set forth in subrule 71.16(4).
	71.5(4) Issuance of an installation permit shall not be construed as a waiver or variance of any requirement of law.
	71.5(5) The installation permit or a copy of the installation permit shall be conspicuously posted at the worksite. All the wind towers covered by a single installation permit shall be considered a single worksite, and posting one copy of the installation permit at the construction project office shall be sufficient compliance with this subrule.
	71.5(6) Except as described in paragraphs 71.5(6)“a” and “b,” the installation permit shall expire upon the earlier of the completion of the installation as described in the permit application or one year after issuance.
	a. 	For a CPH, the installation permit shall expire upon completion of the last CPH jump.
	b. 	For any conveyance, during the tenth month after issuance, and upon submission to the labor commissioner of sufficient justification, the fee established by this chapter, and other required information, an extension may be granted at the discretion of the labor commissioner.
[ARC 7840B, IAB 6/17/09, effective 7/22/09; ARC 9221B, IAB 11/17/10, effective 12/22/10]
875—71.6(89A) Construction permits. A construction permit authorizes the temporary, limited use of an elevator for purposes relating to construction or demolition.
	71.6(1) Use of the elevator shall not begin until a construction permit has been issued by the division.
	71.6(2) Application for a construction permit shall be in the format required by the labor commissioner and must include all the information requested by the labor commissioner and the fee specified by this chapter.
	71.6(3) Upon submission of the completed application and fee, a state inspector shall be scheduled to inspect the elevator. Construction permits shall be issued only if the following criteria are met:
	a. 	The elevator has been successfully tested pursuant to the requirements of ASME A17.1, Section 8.11.5.13; and
	b. 	The applicable requirements of ASME A17.1, Section 5.10, are met.
	71.6(4) The construction permit or a copy of the construction permit shall be posted conspicuously in a protective sleeve in the elevator car.
	71.6(5) The construction permit shall expire 120 days after issuance. However, between 90 and 110 days after issuance and upon submission to the labor commissioner of sufficient justification, the fee established by this chapter, and other required information, an extension of up to 90 days may be granted at the discretion of the labor commissioner.
	71.6(6) Elevators with a construction permit but without an operating permit shall not be accessible to the general public.
	71.6(7) Failure to comply with these provisions may result in the revocation of the construction permit.
	71.6(8) An operating permit shall not be issued before construction and an acceptance inspection are complete.
[ARC 7840B, IAB 6/17/09, effective 7/22/09]
875—71.7(89A) Operating permits.
	71.7(1) Operation of equipment covered by this chapter without a current operating permit is prohibited, except as authorized by rules 875—71.6(89A), 875—71.8(89A), and 875—71.20(89A). If operation of a conveyance is prohibited under this rule, the labor commissioner may post notice on the conveyance that it is not to be used. The conveyance may be returned to service only after an operating permit for the conveyance has been issued or reissued.
	71.7(2) Operating permits shall not be issued prior to successful completion of an inspection pursuant to rule 875—71.11(89A) and payment of all permit and inspection fees owed to the division.
	71.7(3) Current operating permits or copies of current operating permits shall be conspicuously displayed as follows:
	a. 	The operating permit for an elevator or CPH shall be posted in the car.
	b. 	The operating permit for an escalator, dumbwaiter, wind tower lift, moving walk, or wheelchair lift shall be posted on or near the subject conveyance.
	71.7(4) An operating permit shall expire 60 days after the first permit renewal inspection following the issuance of the operating permit, unless an earlier date is dictated by this rule.
	71.7(5) An operating permit is automatically suspended when an alteration begins. The operating permit automatically resumes when the elevator passes an inspection pursuant to rule 875—71.11(89A).
	71.7(6) An operating permit is automatically terminated when an imminent danger notice is posted on the conveyance.
	71.7(7) Notwithstanding other provisions of this rule, at the discretion of the labor commissioner, a temporary operating permit may be issued for up to 30 days provided the inspection has been completed and no code violations were identified. Issuance of a temporary operating permit does not extend the expiration date of the conveyance’s operating permit.
[ARC 7840B, IAB 6/17/09, effective 7/22/09; ARC 0318C, IAB 9/5/12, effective 10/10/12; ARC 0574C, IAB 2/6/13, effective 3/13/13; ARC 0685C, IAB 4/17/13, effective 5/22/13]
875—71.8(89A) Controller upgrade permits. A controller upgrade permit may be issued to allow operation of an elevator while work to upgrade controls requires deactivation of the Phase I recall initiated by smoke sensing devices. Each elevator to be altered requires a separate controller upgrade permit. The duration of a controller upgrade permit shall not exceed 90 days. Each elevator in the group shall pass inspection pursuant to rule 875—71.11(89A) prior to being placed back into service.
	71.8(1) A controller upgrade permit shall not be issued unless each of the following conditions is met:
	a. 	Two or more elevators share a lobby at the level of the recall floor.
	b. 	The project includes the installation of new elevator controllers in all of the elevators in the group.
	c. 	Phase I fire recall initiated by a key-operated switch and all other controls shall be properly functioning for each elevator available for use.
	d. 	There is a current alteration permit for the project.
	e. 	A complete application for the controller upgrade permit and the fee established by this chapter have been submitted and accepted.
	71.8(2) A controller upgrade permit shall not be construed to waive or excuse compliance with the requirements of any other governmental entity, including the department of public safety.
	71.8(3) Upon the submission to the labor commissioner of sufficient justification, the fee established by this chapter, and other required information, an extension of the permit for up to 60 days may be granted.
[ARC 7840B, IAB 6/17/09, effective 7/22/09]
875—71.9(89A) Alteration permits.
	71.9(1) Alteration shall not begin until an alteration permit has been issued by the division.
	71.9(2) Application for an alteration permit shall be in the format required by the labor commissioner and shall include drawings and specifications of all planned changes and the fee specified by rule 875—71.16(89A).
	71.9(3) Issuance of an alteration permit shall not be construed as a waiver or variance of any requirement of law.
	71.9(4) The alteration permit or a copy of the alteration permit shall be conspicuously posted at the worksite.
	71.9(5) If a complete installation permit application was submitted for a CPH pursuant to subrule 71.5(3), at least seven days’ advance notice of each CPH jump shall be provided to the labor commissioner.
	71.9(6) The alteration permit shall expire upon the earlier of the completion of the alteration as described in the permit application or one year after issuance. However, during the tenth month after issuance and upon submission to the labor commissioner of the fee set forth in this chapter, sufficient justification, and other required information, the labor commissioner may grant an extension of the alteration permit.
[ARC 7840B, IAB 6/17/09, effective 7/22/09; ARC 9221B, IAB 11/17/10, effective 12/22/10; ARC 0685C, IAB 4/17/13, effective 5/22/13; ARC 2333C, IAB 1/6/16, effective 2/10/16]
875—71.10(89A) Alterations.
	71.10(1) Alterations or changes shall comply with rule 875—72.13(89A) or rule 875—73.8(89A), as applicable.
	71.10(2) A conveyance that is relocated shall be brought into compliance with all codes that are applicable at the time of relocation.
	71.10(3) Alterations of conveyances other than escalators and elevators shall require that the entire conveyance be brought into compliance with the current code.
[ARC 7840B, IAB 6/17/09, effective 7/22/09; ARC 0168C, IAB 6/13/12, effective 7/18/12; ARC 0685C, IAB 4/17/13, effective 5/22/13; ARC 2396C, IAB 2/17/16, effective 3/23/16]
875—71.11(89A) Inspections. Pursuant to Iowa Code section 89A.12, inspections by the labor commissioner’s designee shall be permitted at reasonable times with or without prior notice.
	71.11(1) Scope of inspections.
	a. 	Comprehensive. Periodic inspections shall be comprehensive. Elevators being transferred from construction permits to operating permits, previously dormant conveyances being returned to service, relocated conveyances, and new conveyances shall be inspected in their entirety prior to operation.
	b. 	Limited. The scope of an inspection after an alteration shall be determined by rule 875—72.13(89A) or 875—73.8(89A), as applicable. However, if the inspector notices a safety hazard in plain view outside the altered components, or if the periodic inspection is due, the entire conveyance shall be inspected.
	71.11(2) When inspections will occur. When the timing of two different types of inspection on a single conveyance coincide, a state inspector may perform both inspections in one visit.
	a. 	Periodic inspections.
	(1)	Each construction elevator and CPH shall be inspected at intervals not to exceed three months. All other periodic conveyance inspections by state inspectors shall be conducted annually unless the labor commissioner determines resources do not allow annual inspections. If the labor commissioner determines quarterly inspections of construction elevators and CPHs and annual inspections of other state-inspected conveyances are not feasible due to insufficient resources, the labor commissioner shall determine the inspection schedule.
	(2)	Conveyance inspections by special inspectors shall be conducted at least annually.
	b. 	Acceptance inspections. A CPH shall be inspected pursuant to the schedule in ANSI A10.4 – 2007, Chapter 26. For all other conveyances, an acceptance inspection shall occur:
	(1)	After each relocation,
	(2)	After each alteration,
	(3)	For a new installation, not less than two business days after a completed acceptance checklist is submitted by the conveyance installation company,
	(4)	Before an elevator subject to a construction permit receives an operating permit, and
	(5)	Before a previously dormant conveyance is returned to service.
	c. 	Other inspections. Inspections may be made when the commissioner reasonably believes that a conveyance is not in compliance with the rules. Accidents, complaints, or requests for consultative inspections may result in inspections by the labor commissioner’s designee.
	71.11(3) Who may perform inspections.
	a. 	The labor commissioner’s designee shall inspect altered conveyances, construction elevators, CPHs, previously dormant conveyances being returned to service, wind tower lifts exempted from ASME A17.1 by rule 875—72.12(89A), relocated conveyances, and new conveyances.
	b. 	Except as noted in 71.11(3)“c,” annual inspections may be performed by state inspectors or special inspectors authorized by the labor commissioner pursuant to rule 875—71.12(89A).
	c. 	An inspection report by a special inspector shall not be accepted as the required, annual inspection if the conveyance is under contract for maintenance, installation or alteration by the special inspector or the special inspector’s employer, or if the property is owned or leased by the special inspector or the special inspector’s employer.
	71.11(4) Inspection standards. Inspections shall be performed in accordance with applicable safety codes or documents such as:
	a. 	CCD;
	b. 	ASME A17.1, Sections 8.10 and 8.11, except Section 8.11.1.1;
	c. 	ANSI A10.4-2007;
	d. 	Rule 875—72.12(89A) for wind tower lifts exempted from ASME A17.1 by rule 875—72.12(89A); or
	e. 	ASME A18.1.
	71.11(5) Inspection reports.
	a. 	All inspectors shall file inspection reports on forms approved by the commissioner within 30 days from the date of inspection and shall provide owners of conveyances with copies of completed inspection reports. The inspection report must separately list each unsafe condition and the applicable, specific code citation. Up to 30 days shall be allowed for correction of the unsafe conditions.
	b. 	The owner may file a petition for reconsideration of an inspection report pursuant to 875—Chapter 69. The timely and proper filing of a petition for reconsideration extends the deadline for correction of the hazards that are subject to the petition for reconsideration.
	71.11(6) Extension of time. The owner may petition the commissioner for up to 60 additional days to make the necessary corrections. The time frames set forth in subrule 71.11(7) may be adjusted by the labor commissioner as necessary to accommodate an extension of time.
	71.11(7) Correction of unsafe conditions. In the absence of a determination on reconsideration or appeal that correction of hazards is not required, all unsafe conditions identified in the inspection report shall be corrected. The labor commissioner shall verify correction of all unsafe conditions identified in the inspection report by sending a state inspector to reinspect the conveyance for the fee set forth in rule 875—71.16(89A), or by reviewing appropriate documentation such as a photograph, invoice, other verifiable document, or subsequent inspection report. The time frames set forth in this subrule may be accelerated at the request of the owner.
	a. 	Promptly upon receipt of an inspection report listing unsafe conditions, the labor commissioner will send to the owner and the special inspector, if any, an abatement order. A copy of the inspection report shall be attached to the abatement order. Unless a special inspector conducted the inspection, the order may specify a period that ends no more than 45 days after the inspection during which the owner may submit written evidence that the unsafe conditions have been corrected. The abatement order shall:
	(1)	Identify the equipment.
	(2)	Demand that the unsafe conditions be corrected within the period set forth in the inspection report.
	(3)	Set forth the consequences of failure to comply.
	b. 	After the period specified on the inspection report has passed, the labor commissioner may cause a state inspector to verify correction of all unsafe conditions. If reinspection reveals no significant progress toward correcting the unsafe conditions, or the remaining unsafe conditions create significant safety concerns, the labor commissioner may serve a notice of intent to suspend, deny or revoke the operating permit.
	c. 	The labor commissioner may issue an operating permit after receipt of the appropriate fee and verification that each unsafe condition identified in the inspection report has been corrected.
	d. 	If written proof of correction was requested in the abatement order, but adequate proof was not received by the deadline set forth in the abatement order, the labor commissioner may send a second abatement order or cause a state inspector to inspect the conveyance. If the labor commissioner elects to send a second abatement order, it shall notify the owner that, if written proof of abatement is not received within 20 days, a state inspector may be sent to the site. Copies of the abatement order and the inspection report shall be attached to the second abatement order.
	e. 	If a special inspector conducted the inspection, more than 45 days have passed since the deadline for correction of hazards, and an inspection report indicating the hazards are corrected has not been filed, the labor commissioner may contact the special inspector, send a second abatement order to the owner, or send a state inspector to inspect the conveyance. Copies of the abatement order and the inspection report shall be attached to a second abatement order.
	f. 	If an inspection as described in paragraph 71.11(7)“d” or “e” reveals no significant progress toward correcting the unsafe conditions, and the remaining unsafe conditions create no significant safety concerns, the labor commissioner may extend the time for abatement of the unsafe conditions an additional 10 days or may serve a notice of intent to suspend, deny or revoke the operating permit. The labor commissioner may also post a notice prohibiting use of the conveyance pending abatement of the unsafe conditions listed in the inspection report.
	g. 	Procedures for appeal of a notice of intent to suspend, deny or revoke an operating permit are set forth in 875—Chapter 69.
	71.11(8) Imminent danger. If the labor commissioner determines that continued operation of a conveyance pending correction of unsafe conditions creates an imminent danger, the labor commissioner shall post notice on the conveyance that it is not to be used pending repairs. Use of a conveyance contrary to posted notice by the labor commissioner may result in additional legal proceedings pursuant to Iowa Code section 89A.10(3) or 89A.18. The conveyance may be returned to service only after the imminent danger has been corrected and the conveyance has passed a comprehensive inspection.
	71.11(9) Interference prohibited. No person shall interfere with, delay or impede an inspector employed by the state during an inspection.
[ARC 7840B, IAB 6/17/09, effective 7/22/09; ARC 9221B, IAB 11/17/10, effective 12/22/10; ARC 0168C, IAB 6/13/12, effective 7/18/12; ARC 0685C, IAB 4/17/13, effective 5/22/13; ARC 1971C, IAB 4/29/15, effective 6/3/15]
875—71.12(89A,252J,261,272D) Special inspector commissions.
	71.12(1) Definition. As used in this rule, “certificate of noncompliance” means:
	a. 	A certificate of noncompliance issued by the child support recovery unit, department of human services, pursuant to Iowa Code chapter 252J;
	b. 	A certificate of noncompliance issued by the college student aid commission pursuant to Iowa Code chapter 261; or
	c. 	A certificate of noncompliance issued by the centralized collection unit of the department of revenue pursuant to Iowa Code chapter 272D.
	71.12(2) Qualifications.
	a. 	Each applicant must possess a high school diploma or general equivalency degree.
	b. 	Each applicant shall have at least three years of full-time work experience in the construction, installation, repair or inspection of conveyances.
	c. 	Each applicant shall be a CEI.
	d. 	Each applicant shall satisfactorily pass a division of labor services examination on Iowa procedures, Iowa policies, and all safety standards adopted by reference.
	e. 	Each applicant shall submit proof of insurance coverage insuring the applicant against liability for injury or death for any act or omission on the part of the applicant. The insurance policy shall be in an amount of not less than $1,000,000 for bodily injury to or death of one person in any one accident, and in an amount of not less than $5,000,000 for bodily injury to or death of two or more persons in any one accident, and in an amount of not less than $100,000 for damage to or destruction of property in any one accident. The insurance coverage of the special inspector’s employer shall be considered to comply with this requirement if the coverage provides equivalent coverage for each special inspector.
	71.12(3) Application. An applicant for a commission shall complete, sign, and submit to the division the form provided by the division with the required fee. The applicant shall include with the application proof that the applicant is a CEI.
	71.12(4) Expiration. The commission expires when the commission is suspended or revoked by the labor commissioner or one year from issuance, whichever occurs earlier.
	71.12(5) Changes. The special inspector shall notify the division at the time any of the information on the form or attachments changes.
	71.12(6) Denials. The labor commissioner may refuse to issue or renew a special inspector’s commission for failure of the applicant to complete an application package, if the applicant is not a CEI, or for any reason listed in subrules 71.12(8) to 71.12(10).
	71.12(7) Investigations. The labor commissioner may investigate for any reasonable cause related to special inspectors or special inspector applicants. The labor commissioner may conduct interviews and utilize other reasonable investigatory techniques. Investigations may be conducted without prior notice at the times and in the places the labor commissioner directs. The labor commissioner may notify the organization that certified the special inspector as a CEI of the findings of an investigation.
	71.12(8) Reasons for probation. The labor commissioner may issue a notice of commission probation when an investigation reasonably reveals that the special inspector filed inaccurate reports.
	71.12(9) Reasons for suspension. The labor commissioner may issue a notice of commission suspension when an investigation reasonably reveals any of the following:
	a. 	The special inspector failed to submit and report inspections on a timely basis;
	b. 	The special inspector abused the special inspector’s authority;
	c. 	The special inspector misrepresented self as a state inspector or a state employee;
	d. 	The special inspector used commission authority for inappropriate personal gain;
	e. 	The special inspector failed to follow the division’s rules for inspection of object repairs, alterations, construction, installation, or in-service inspection;
	f. 	The special inspector committed numerous violations as described in subrule 71.12(8);
	g. 	The special inspector used fraud or deception to obtain or retain, or to attempt to obtain or retain, a special inspector commission whether for one’s self or another;
	h. 	The special inspector is no longer a CEI;
	i. 	The division received a certificate of noncompliance; or
	j. 	The special inspector failed to take appropriate disciplinary actions against a subordinate special inspector who has committed repeated acts or omissions listed in paragraphs 71.12(9)“a” to “h.”
	71.12(10) Reasons for revocation. The labor commissioner may issue a notice of revocation of a special inspector’s commission when an investigation reveals any of the following:
	a. 	The special inspector filed a misleading, false or fraudulent report;
	b. 	The special inspector failed to perform a required inspection;
	c. 	The special inspector failed to file a report or filed a report which was not in accordance with the provisions of applicable standards;
	d. 	The special inspector committed repeated violations as described in subrule 71.12(9);
	e. 	The special inspector used fraud or deception to obtain or retain, or to attempt to obtain or retain, a special inspector commission whether for one’s self or another;
	f. 	The special inspector instructed, ordered, or otherwise encouraged a subordinate special inspector to perform the acts or omissions listed in paragraphs 71.12(10)“a” to “e”;
	g. 	The special inspector is no longer a CEI; or
	h. 	The division received a certificate of noncompliance.
	71.12(11) Procedures. The following procedures shall apply except in the event of revocation or suspension due to receipt of a certificate of noncompliance. In instances involving receipt of a certificate of noncompliance, the applicable procedures of Iowa Code chapter 252J, 261, or 272D shall apply.
	a. 	Notice of actions. The labor commissioner shall serve a notice on the special inspector by certified mail to an address listed on the commission application form or by other service as permitted by Iowa Code chapter 17A.
	b. 	Contested cases. The special inspector shall have 20 days to file a written notice of contest with the labor commissioner. If the special inspector does not file a written contest within 20 days of receipt of the notice, the action stated in the notice shall automatically be effective.
	c. 	Hearing procedures. The hearing procedures in 875—Chapter 1 shall govern.
	d. 	Emergency suspension. Pursuant to Iowa Code section 17A.18A, if the labor commissioner finds that the public health, safety or welfare imperatively requires emergency action because a special inspector failed to comply with applicable laws or rules, the special inspector’s commission may be summarily suspended.
	e. 	Probation period. A special inspector may be placed on probation for a period not to exceed one year for each incident causing probation.
	f. 	Suspension period. A special inspector’s commission may be suspended up to five years for each incident causing a suspension.
	g. 	Revocation period. A special inspector’s commission that has been revoked shall not be reinstated for five years.
	h. 	Concurrent actions. Multiple actions may proceed at the same time against any special inspector.
	i. 	Revoked or suspended commissions. Within five business days of final agency action revoking or suspending a special inspector commission, the special inspector shall surrender the special inspector’s commission card to the labor commissioner. The labor commissioner may notify the special inspector’s employer and the organization that certified the special inspector as a CEI of a revocation or suspension.
[ARC 7841B, IAB 6/17/09, effective 7/22/09]
875—71.13(89A) State employees. Rescinded ARC 1971C, IAB 4/29/15, effective 6/3/15.
875—71.14(89A) Safety tests. Only safety test reports submitted on approved forms from elevator mechanics who are employed by authorized companies shall be considered to meet the requirements of this rule. The alternative test methods set forth at ASME A17.1, Rule 8.6.11.10, shall not be allowed as a substitute for a full-load safety test.
	71.14(1) When safety tests will be performed.
	a. 	Safety tests shall be performed on new and altered installations before they are placed in service.
	b. 	Safety tests shall be made on all conveyances pursuant to the schedules and procedures set forth in:
	(1)	The maintenance control plan for wind tower lifts exempted from ASME A17.1 by rule 875—72.12(89A);
	(2)	The CCD for conveyances covered by ASME A17.7-2007/CSA B44-07;
	(3)	The columns pertaining to “periodic tests” in Table N-1 in the edition of ASME A17.1 currently adopted for new conveyances at rule 875—72.1(89A);
	(4)	ASME A18.1(2003), Part 10; or
	(5)	ANSI A10.4-2007, Section 26.4.
	71.14(2) How safety tests will be reported. Within 30 days after completion of a safety test, the elevator mechanic shall file with the labor commissioner a report on an approved form and shall provide a copy of the form to the owner and to the witness, if applicable.
	71.14(3) How safety tests will be recorded. The elevator mechanic shall attach a tag showing the date of the test, the elevator mechanic’s name, and the type of test performed.
	a. 	On electric traction elevators, the elevator mechanic shall attach the tag to the safety-releasing carrier.
	b. 	On hydraulic elevators, the elevator mechanic shall attach the tag to the disconnecting switch or the controller.
	c. 	On wheelchair lifts, the elevator mechanic shall attach the tag to the disconnecting switch.
	d. 	On other conveyances covered by these rules, the commissioner’s designee witnessing the acceptance safety test shall indicate the proper location of the tag. Subsequent test tags shall be attached in the same location.
[ARC 7840B, IAB 6/17/09, effective 7/22/09; ARC 9221B, IAB 11/17/10, effective 12/22/10; ARC 0168C, IAB 6/13/12, effective 7/18/12; ARC 1766C, IAB 12/10/14, effective 1/14/15]
875—71.15(89A) Authorized companies.
	71.15(1) Each year, authorized companies shall train their elevator mechanics who perform safety tests on safety test procedures.
	71.15(2) For each conveyance owned by an authorized company, the owner shall obtain the services of a CEI who is not employed by the authorized company or an inspector employed by the state to witness the safety test.
	71.15(3) To become authorized to perform safety tests, a company shall submit a copy of its procedures for performing safety tests. The labor commissioner shall review the procedures for adequacy and shall request modifications to the procedures or grant or deny the authorization.
	71.15(4) Every five years or within six months after the board adopts a new edition of ASME, whichever is earlier, authorized companies shall submit revised safety test procedures for renewal of authorization. The labor commissioner shall review the procedures for adequacy and shall request modifications to the procedures or grant or deny the authorization.
	71.15(5) Investigations. Investigations shall take place at the times and in the places the labor commissioner directs. The labor commissioner may investigate for any reasonable cause. The labor commissioner may conduct interviews and utilize other reasonable investigatory techniques. Investigations may be conducted without prior notice.
	71.15(6) Suspension. If the labor commissioner determines that a falsified safety test report was submitted by an elevator mechanic, the labor commissioner shall suspend the authorization of the elevator mechanic’s employer for six months. During the suspension, all safety tests performed by any employee of the authorized company shall be witnessed by a state inspector or a CEI who is not employed by the suspended authorized company.
	71.15(7) Suspension procedures.
	a. 	The labor commissioner shall notify an authorized company of its suspension by certified mail or by other service as permitted by Iowa Code chapter 17A.
	b. 	The authorized company shall have 20 days to file a written notice of contest with the labor commissioner. If the authorized company does not file a written notice of contest in a timely manner, the suspension shall automatically be effective. If the authorized company does file a written notice of contest in a timely manner, the hearing procedures in 875—Chapter 1 shall govern.
	c. 	If the labor commissioner finds, pursuant to Iowa Code section 17A.18A, that public health, safety or welfare imperatively requires emergency action, the authorization may be summarily suspended.
[ARC 7840B, IAB 6/17/09, effective 7/22/09]
875—71.16(89A) Fees. Except as noted in this rule, all fees are nonrefundable and due in advance.
	71.16(1) Operating permits. The annual operating permit fee shall be $75 per conveyance.
	71.16(2) Periodic inspections. Fees shall be remitted to the division of labor services within 30 days of the date of inspection. The fees for periodic inspections shall be as follows:
	a. 	Construction elevator: $200.
	b. 	Wind tower lift: $225.
	c. 	Hand-powered elevator: $90.
	d. 	Television tower elevator: $500.
	e. 	Handicapped restricted use elevator: $100.
	f. 	Other hydraulic elevator: $100.
	g. 	Other traction elevator: $150.
	h. 	Escalator: $150.
	i. 	Dumbwaiter: $90.
	j. 	Wheelchair lift: $90.
	k. 	CPH.
	(1)	Annual: $500.
	(2)	Quarterly: $200.
	l. 	Moving walk: $150.
	71.16(3) Installation permits. The fees in this subrule cover the initial print review, installation permit, initial inspection and first-year operating permit. Each print revision submitted to the division shall be subject to an additional fee of $100. The fees for new installations shall be as follows:
	a. 	Wind tower lift: $500.
	b. 	Hydraulic elevator: $750.
	c. 	Traction elevator: $1000.
	d. 	Escalator: $1000.
	e. 	Dumbwaiter: $500.
	f. 	Wheelchair lift: $500.
	g. 	CPH: $500.
	h. 	Moving walk: $500.
	71.16(4) Alteration permits.
	a. 	The fee for any elevator alteration permit shall be $500 and shall cover the initial print review, alteration permit, and initial inspection.
	b. 	The fee for each CPH extension shall be $150. The total fee required for all planned CPH extensions shall be submitted with the installation permit application pursuant to subrule 71.5(3).
	c. 	The fee for an alteration permit shall be $500 if the only alteration is the addition or replacement of an escalator skirt brush.
	d. 	For all other conveyances, the fees for new installations shall apply to alterations.
	71.16(5) Construction permits. The construction permit fee shall be $200 per conveyance. This fee includes the fee for initial inspection.
	71.16(6) Controller upgrade permits. The controller upgrade permit fee shall be $250. This fee includes one inspection.
	71.16(7) Consultative inspections. Consultative inspections may be performed at the discretion of the labor commissioner for $125 per hour, including travel time, with a minimum charge of $250.
	71.16(8) Special inspector commission. The special inspector commission fee shall be $60 annually.
	71.16(9) Witness of safety tests. The fee for division employees to witness safety tests shall be $125 per hour, including travel time, with a minimum charge of $250.
	71.16(10) Permit extensions. The fee to extend an installation permit, alteration permit, or construction permit shall be $100.
	71.16(11) Inspections outside of normal business hours. Inspections outside the normal business hours may be performed at the discretion of the labor commissioner. If the owner or contractor requests an inspection outside of normal business hours and the labor commissioner agrees to the schedule, an additional fee will be charged. The additional fee will be calculated at a rate of $200 per hour, including travel time, with a minimum charge of $400.
	71.16(12) Reinspections. The fees for reinspections are $400 for television tower elevators and CPHs, $200 for wind tower lifts, and $300 for all other conveyances.
	71.16(13) Inspection for temporary removal from service. The inspection fee for temporary removal from service pursuant to rule 875—71.20(89A) shall be $125 per hour, including travel time, with a minimum charge of $250.
	71.16(14) Fee waiver.
	a. 	When a state inspector combines in one visit two different types of inspection on a single conveyance, the commissioner may waive the lesser of the fees.
	b. 	The fee for an alteration permit shall be waived by the commissioner if the only alterations covered by the permit application are required by rule 875—72.26(89A) or 875—73.27(89A). The fee waiver set forth in this paragraph does not eliminate the requirement to pay for an acceptance inspection or for an operating permit.
[ARC 7840B, IAB 6/17/09, effective 7/22/09; ARC 9221B, IAB 11/17/10, effective 12/22/10; ARC 0318C, IAB 9/5/12, effective 10/10/12; ARC 0685C, IAB 4/17/13, effective 5/22/13; ARC 1158C, IAB 10/30/13, effective 12/4/13; ARC 1972C, IAB 4/29/15, effective 6/3/15; ARC 1971C, IAB 4/29/15, effective 6/3/15]
875—71.17(89A) Publications available for review. Standards, codes, and publications adopted by reference in these rules are available for review in the office of the Division of Labor Services, 1000 E. Grand Avenue, Des Moines, Iowa 50319.
[ARC 7840B, IAB 6/17/09, effective 7/22/09]
875—71.18(89A) Other regulations affecting elevators. Regulations concerning accessibility of buildings and conveyances available to the public are found at 661—Chapter 302. Regulations governing the safety and health of employees who work in and around elevators are found at 875—Chapters 2 to 26. Iowa Code chapter 91C and 875—Chapter 150 apply to companies that alter and install conveyances. No rule in 875—Chapters 71 to 73 shall be interpreted as creating an exemption, waiver, or variance from any otherwise applicable regulation or statute.
[ARC 7840B, IAB 6/17/09, effective 7/22/09]
875—71.19(89A) Accidents.
	71.19(1) Reporting the accident. The owner shall immediately notify the commissioner of each personal injury accident requiring the service of a physician or causing disability exceeding one day or causing damage to the conveyance exceeding $2,000. Notification shall be in writing and shall include the state identification number, owner, and description of accident.
	71.19(2) Securing the accident site pending investigation. The removal of any part of the damaged conveyance or operating mechanism from the premises is forbidden until permission to do so is granted by the commissioner.
	71.19(3) Putting the conveyance back into operation. When an accident involves the failure or destruction of any part of the conveyance or its operating mechanism, the use of the conveyance is forbidden until it has been made safe, until it has been reinspected, and until any repairs or alterations have been approved by the commissioner.
[ARC 7840B, IAB 6/17/09, effective 7/22/09]
875—71.20(89A) Temporary removal from service. The requirements for an annual inspection, annual inspection fee, safety test, operating permit, and operating permit fee shall be temporarily suspended for up to three years for an elevator in an unoccupied building if the requirements of this rule are met.
	71.20(1) All elevator doors in unoccupied buildings shall be closed and locked. Hydraulic elevators shall be parked at the bottom of the hoistway. Traction elevators shall be parked at the top of the hoistway.
	71.20(2) Upon request by the owner of an elevator in an unoccupied building, the labor commissioner shall send an inspector who is a state employee to confirm that the building is unoccupied and that the car and doors of the elevator have been properly secured. If the conditions set forth in subrule 71.20(1) are met, the inspector shall apply to the elevator a seal and a red tag marked with the words “Do Not Operate.”
	71.20(3) One year after the inspection, the owner must file with the labor commissioner written confirmation that the status of the elevator and building have not changed, and the owner must file again two years after the inspection. Failure to comply with this requirement shall result in termination of the temporary suspension of the requirements for safety tests, inspections, and operating permits.
	71.20(4) Prior to returning the elevator to service, and upon request of the owner, the labor commissioner may allow the elevator to be operated for 30 days for the sole purpose of performing safety tests and maintenance.
	71.20(5) The owner must notify the labor commissioner at least two weeks before placing an elevator back into service and must arrange for an inspector who is a state employee to witness a safety test.
	71.20(6) If at the end of three years the building is still unoccupied, suspension of the requirements for safety tests, inspections, and operating permits shall end without possibility of renewal.
[ARC 0318C, IAB 9/5/12, effective 10/10/12]
These rules are intended to implement Iowa Code chapters 89A, 252J, 261 and 272D.
[Filed emergency 12/15/75, Notice 10/6/75—published 12/29/75, effective 12/15/75]
[Filed 7/28/82, Notice 5/26/82—published 8/18/82, effective 9/30/82]
[Filed emergency 9/5/86—published 9/24/86, effective 9/24/86]
[Filed emergency 12/4/92 after Notice 9/30/92—published 12/23/92, effective 12/23/92]
[Filed 2/15/01, Notice 10/18/00—published 3/7/01, effective 4/11/01]
[Filed 11/20/01, Notice 6/13/01—published 12/12/01, effective 1/16/02]
[Filed 11/7/03, Notice 10/1/03—published 11/26/03, effective 1/1/04]
[Filed 2/10/06, Notice 1/4/06—published 3/1/06, effective 4/5/06]
[Filed 7/3/07, Notice 4/25/07—published 8/1/07, effective 9/5/07]
[Filed 1/25/08, Notice 11/7/07—published 2/13/08, effective 3/19/08]
[Filed emergency 5/28/08—published 6/18/08, effective 5/28/08]
[Filed 5/29/08, Notice 4/23/08—published 6/18/08, effective 7/23/08]
[Filed emergency 6/24/08—published 7/16/08, effective 7/23/08]
[Filed 9/3/08, Notice 6/18/08—published 9/24/08, effective 10/29/08]
[Filed 9/3/08, Notice 7/16/08—published 9/24/08, effective 10/29/08]
[Filed ARC 7840B (Notice ARC 7696B, IAB 4/8/09), IAB 6/17/09, effective 7/22/09]
[Filed ARC 7841B (Notice ARC 7697B, IAB 4/8/09), IAB 6/17/09, effective 7/22/09]
[Filed ARC 9221B (Notice ARC 8996B, IAB 8/11/10), IAB 11/17/10, effective 12/22/10]
[Filed ARC 0168C (Notice ARC 0011C, IAB 2/22/12), IAB 6/13/12, effective 7/18/12]
[Filed ARC 0318C (Notice ARC 0171C, IAB 6/13/12), IAB 9/5/12, effective 10/10/12]
[Filed ARC 0574C (Notice ARC 0411C, IAB 10/31/12), IAB 2/6/13, effective 3/13/13]
[Filed ARC 0685C (Notice ARC 0597C, IAB 2/6/13), IAB 4/17/13, effective 5/22/13]
[Filed ARC 1159C (Notice ARC 0951C, IAB 8/21/13), IAB 10/30/13, effective 12/4/13]
[Filed ARC 1158C (Notice ARC 1009C, IAB 9/4/13), IAB 10/30/13, effective 12/4/13]
[Filed ARC 1766C (Notice ARC 1560C, IAB 7/23/14), IAB 12/10/14, effective 1/14/15]
[Filed ARC 1971C (Notice ARC 1849C, IAB 2/4/15), IAB 4/29/15, effective 6/3/15]
[Filed ARC 1972C (Notice ARC 1853C, IAB 2/4/15), IAB 4/29/15, effective 6/3/15]
[Filed ARC 2333C (Notice ARC 2163C, IAB 9/30/15), IAB 1/6/16, effective 2/10/16]
[Filed ARC 2396C (Notice ARC 2264C, IAB 11/25/15), IAB 2/17/16, effective 3/23/16]