2289AELEVATORS89A.1Definitions.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:aAn 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.bA 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.cAn escalator or moving walk whose entrances have been permanently barricaded.dA 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]84 Acts, ch 1094, §1; 86 Acts, ch 1157, §1, 2; 86 Acts, ch 1245, §937C87, §89A.188 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, §12023 Acts, ch 19, §1804 – 180689A.1AShort title.This chapter shall be known as the “Iowa State Elevator Code”.[C75, 77, 79, 81, §104.18]C83, §104.25C87, §89A.252023 Acts, ch 64, §110C2024, §89A.1A89A.2Scope of chapter.1The provisions of this chapter shall not apply to any of the following:aAny conveyance installed in any single private dwelling residence.bMaterial hoists subject to regulation under 875 IAC 26.1 and 29 C.F.R. §1926.552.cLifts subject to regulation under chapter 88.dMaterial lift elevators existing in the same location since prior to January 1, 1975.eConveyances over which an agency of the federal government is asserting similar enforcement jurisdiction.fAn elevator installed in a building in a federally designated national historic district as long as each of the following conditions is met:1The owner of the building owns a commercial enterprise that occupies the first story of the building.2The building has no more than two stories above the first story of the building.3The owner of the building lives in the upper stories of the building.4The 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.2Provisions 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.22007 Acts, ch 16, §3; 2008 Acts, ch 1029, §2; 2020 Acts, ch 1043, §1; 2021 Acts, ch 80, §43, 44State building code, see chapter 103A89A.3Rules.1The 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.2The 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:aClassifications of types of conveyances.bMaintenance, inspection, testing, and operation of the various classes of conveyances.cConstruction of new conveyances.dAlteration of existing conveyances.eMinimum safety requirements for all existing conveyances.fControl or prevention of access to conveyances or dormant conveyances.gThe reporting of accidents and injuries arising from the use of conveyances.hThe adoption of procedures for the issuance of variances.iThe 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.jSubmission of information such as plans, drawings, and measurements concerning new installations and alterations.3The 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.4The safety board may adopt rules permitting existing passenger and freight elevators to be modified into material lift elevators.5The 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.6The safety board may adopt rules permitting inclined or vertical wheelchair lifts in churches and houses of worship to service more than one floor.7The 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]84 Acts, ch 1094, §2; 86 Acts, ch 1157, §3C87, §89A.388 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, §1489A.4Director’s duties and personnel.The director shall enforce the provisions of this chapter. The director shall employ personnel for the administration of this chapter pursuant to chapter 8A, subchapter IV.[C75, 77, 79, 81, §104.4]C87, §89A.42003 Acts, ch 145, §162; 2023 Acts, ch 19, §180889A.5Registration 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]C87, §89A.599 Acts, ch 68, §7; 2007 Acts, ch 16, §52023 Acts, ch 19, §180989A.6Inspections — reports — nonliability.All new and existing conveyances, except dormant conveyances, shall be tested and inspected in accordance with the following schedule:1Every new or altered conveyance shall be inspected and tested before the operating permit is issued.2Every 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.3Every 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.4The 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.5A 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.6In 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.[C75, 77, 79, 81, §104.6; 82 Acts, ch 1077, §1]C87, §89A.692 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, §181089A.7Alteration 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]C87, §89A.799 Acts, ch 68, §9; 2007 Acts, ch 16, §72023 Acts, ch 19, §181189A.8New installation permits.1The installation or relocation of a conveyance shall not begin until an installation permit has been issued by the director.2An application for an installation permit shall be submitted in a format determined by the director.3aIf 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.bIf 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]C87, §89A.899 Acts, ch 68, §10; 2008 Acts, ch 1032, §201; 2009 Acts, ch 85, §32023 Acts, ch 19, §181289A.9Operating permits.1Operating 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.2The 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]84 Acts, ch 1067, §20C87, §89A.92004 Acts, ch 1107, §19, 30; 2007 Acts, ch 16, §8; 2008 Acts, ch 1029, §3; 2023 Acts, ch 19, §181389A.10Enforcement orders by director injunction.1If 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.2If 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.3If 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]86 Acts, ch 1245, §526C87, §89A.1088 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, §181489A.11Nonconforming 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.[C75, 77, 79, 81, §104.11; 81 Acts, ch 50, §1]C87, §89A.112004 Acts, ch 1107, §22, 30; 2007 Acts, ch 16, §1089A.12Access 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]C87, §89A.1299 Acts, ch 68, §12; 2007 Acts, ch 16, §112023 Acts, ch 19, §181589A.13Elevator safety board.1An 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.2The 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.3A 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.4The 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.5The 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.6The safety board shall adopt rules pursuant to chapter 17A necessary to administer the duties of the board.7Not 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]C87, §89A.1388 Acts, ch 1042, §5; 2004 Acts, ch 1107, §23, 30; 2007 Acts, ch 16, §122023 Acts, ch 19, §1816Confirmation, see §2.3289A.14Continuing 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]C87, §89A.142004 Acts, ch 1107, §24, 30; 2007 Acts, ch 16, §1389A.15Inspections 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]C87, §89A.152004 Acts, ch 1107, §25, 30; 2007 Acts, ch 16, §14; 2023 Acts, ch 19, §181789A.16Prosecution 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]C87, §89A.162023 Acts, ch 19, §181889A.17Penalties.1Any owner who violates any of the provisions of this chapter shall be guilty of a simple misdemeanor, unless otherwise specifically provided in this chapter.2Any 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]C87, §89A.1789A.18Civil penalty.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.[82 Acts, ch 1077, §2]C87, §89A.182004 Acts, ch 1107, §26, 30; 2007 Acts, ch 16, §15; 2023 Acts, ch 19, §181989A.19Fees.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.507.2004 Acts, ch 1107, §27, 30; 2008 Acts, ch 1023, §2; 2023 Acts, ch 19, §1820; 2023 Acts, ch 108, §3489A.20Reserved.89A.21Reserved.89A.22Reserved.89A.23Reserved.89A.24Reserved.89A.25Short title.Transferred to §89A.1A; 2023 Acts, ch 64, §110.