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H0569...........................................................by BUSINESS ELEVATOR SAFETY CODE ACT - Amends and adds to existing law relating to elevator safety to set forth legislative findings and intent; to define terms; to provide for enforcement and rulemaking authority; to provide scope and exemptions; to require that installation and periodic inspections be performed by certain persons; to require permits; to provide for responsibility for operation and maintenance of equipment and period tests; to provide for certificates to operate; to provide that operation of a conveyance without a certificate may be enjoined; to adopt safety codes; to require inspections and tests; to set forth fee schedules; to provide for annual renewal of certificates; to provide for inspection reports; to provide that violations constitute misdemeanors; to set forth punishment; to provide civil penalties; to require notice for violations; to set forth nonliability provisions; to set forth provisions relating to accidents; and to remove obsolete references to elevators. 01/28 House intro - 1st rdg - to printing 01/29 Rpt prt - to Bus 02/12 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 02/19 3rd rdg - PASSED - 65-0-5 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Crow, Deal, Field(23), Jones, Mr. Speaker Floor Sponsor - Gagner Title apvd - to Senate 02/20 Senate intro - 1st rdg - to Com/HuRes 02/27 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 29-0-6 AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk NAYS -- None Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams Floor Sponsor - Noble Title apvd - to House 03/16 To enrol 03/17 Rpt enrol - Sp signed 03/18 Pres signed - To Governor 04/01 Governor signed Session Law Chapter 359 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 569 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO ELEVATOR SAFETY; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF 3 A NEW CHAPTER 86, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO SET 4 FORTH LEGISLATIVE FINDINGS AND INTENT, TO DEFINE TERMS, TO PROVIDE FOR 5 ENFORCEMENT AND RULEMAKING AUTHORITY, TO PROVIDE SCOPE AND EXEMPTIONS, TO 6 REQUIRE THAT INSTALLATION AND PERIODIC INSPECTIONS BE PERFORMED BY CERTAIN 7 PERSONS, TO REQUIRE PERMITS, TO PROVIDE FOR THE SUBMISSION OF PERMIT 8 APPLICATIONS, TO REQUIRE POSTING OF PERMITS, TO PROVIDE EXCEPTIONS, TO 9 PROVIDE THAT PERMITS AND INSPECTIONS ARE NOT EXCLUSIVE REQUIREMENTS, TO 10 PROVIDE FOR THE RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF EQUIPMENT 11 AND PERIODIC TESTS, TO PROVIDE FOR TEMPORARY CERTIFICATES TO OPERATE, TO 12 PROVIDE FOR CERTIFICATES TO OPERATE, TO PROVIDE THAT OPERATION OF A CON- 13 VEYANCE WITHOUT A CERTIFICATE MAY BE ENJOINED, TO SET FORTH PROVISIONS 14 RELATING TO THE AUTHORITY OF THE ADMINISTRATOR TO ORDER THE DISCONTINUANCE 15 OF CERTAIN OPERATIONS, TO ADOPT SAFETY CODES, TO REQUIRE INSPECTIONS AND 16 TESTS, TO SET FORTH FEE SCHEDULES, TO PROVIDE FOR ANNUAL RENEWAL OF CER- 17 TIFICATES, TO PROVIDE FOR INSPECTION REPORTS, TO PROVIDE THAT VIOLATIONS 18 CONSTITUTE MISDEMEANORS AND TO SET FORTH PUNISHMENT, TO PROVIDE FOR CIVIL 19 PENALTIES, TO REQUIRE NOTICE OF VIOLATIONS, TO SET FORTH NONLIABILITY PRO- 20 VISIONS AND TO SET FORTH PROVISIONS RELATING TO ACCIDENTS; AMENDING SEC- 21 TION 39-4109, IDAHO CODE, TO REMOVE A REFERENCE TO AN ELEVATOR AND ESCALA- 22 TOR SAFETY CODE; AND AMENDING SECTION 72-720, IDAHO CODE, TO REMOVE A REF- 23 ERENCE TO ELEVATORS. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended 26 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 27 ter 86, Title 39, Idaho Code, and to read as follows: 28 CHAPTER 86 29 IDAHO ELEVATOR SAFETY CODE ACT 30 39-8601. SHORT TITLE. This chapter shall be known and may be cited as the 31 "Elevator Safety Code Act." 32 39-8602. LEGISLATIVE FINDINGS AND INTENT. (1) The purpose of this chapter 33 is to provide for safety of life and limb and to ensure that the safe design, 34 mechanical and electrical operation, erection, installation, alteration, main- 35 tenance, inspection and repair of elevators, escalators, moving walks, plat- 36 form lifts, material lifts, and dumbwaiters, and all such operation, erection, 37 installation, alteration, maintenance, inspection and repair subject to the 38 provisions of this chapter shall be reasonably safe to persons and property 39 and in conformity with the provisions of this chapter. The use of unsafe and 40 defective lifting devices imposes a substantial probability of serious and 41 preventable injury to employees and the public exposed to unsafe conditions. 2 1 The prevention of these injuries and the protection of employees and the pub- 2 lic from unsafe conditions is in the best interest of the people of this 3 state. Personnel performing work covered by this chapter must, by documented 4 training or experience or both, be familiar with the operation and safety 5 functions of the components and equipment and be licensed in accordance with 6 this chapter. Training and experience shall include, but are not limited to, 7 recognizing the safety hazards and performing the procedures to which they are 8 assigned in conformance with the requirements of this chapter. This chapter 9 establishes the minimum acceptable standards for personnel performing all 10 inspections required in this chapter. 11 (2) This chapter is not intended to prevent the use of systems, methods 12 or devices of equivalent or superior quality, strength, fire resistance, code 13 effectiveness, durability and safety to those required by this chapter, pro- 14 vided that there is technical documentation to demonstrate the equivalency of 15 the system, method or device, as prescribed in this chapter and the rules 16 adopted under this chapter. 17 39-8603. DEFINITIONS. As used in this chapter, the terms defined in this 18 section shall have the following meanings unless the context clearly indicates 19 another meaning: 20 (1) "Administrator" means the administrator of the division of building 21 safety for the state of Idaho. 22 (2) "ANSI" means the American national standards institute. 23 (3) "ASME" means the American society of mechanical engineers. 24 (4) "Conveyance" includes elevators, escalators, moving walks, platform 25 lifts, material lifts, and dumbwaiters. 26 (5) "Division" means the Idaho division of building safety. 27 (6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a 28 car of limited size that is used exclusively for carrying materials and that 29 moves in guide rails and serves two (2) or more landings. 30 (7) "Elevator" means a hoisting or lowering machine equipped with a car 31 or platform that moves in guides and services two (2) or more floors or land- 32 ings of a building or structure. 33 (8) "Escalator" means a power-driven, inclined, continuous stairway used 34 for raising and lowering passengers. 35 (9) "Installation" means a complete conveyance including any hoistway, 36 hoistway enclosures and related construction, and all machinery and equipment 37 for its operation. 38 (a) "Existing installation" means an installation that has been completed 39 or upon which construction was commenced prior to July 1, 2004. 40 (b) "New installation" means any installation not classified as an exist- 41 ing installation by definition, or an existing conveyance moved to a new 42 location subsequent to July 1, 2004. 43 (10) "Maintenance" means a process of routine examination, lubrication, 44 cleaning, adjustment, and replacement of parts for the performance in accor- 45 dance with applicable code requirements. 46 (11) "Major alteration" means any change to equipment or other mainte- 47 nance, repair or replacement where work is defined by any applicable code 48 requirement. 49 (12) "Material lift" means a hoisting and lowering mechanism normally 50 classified as an elevator, equipped with a car that moves within a guide sys- 51 tem installed at an angle of greater than seventy degrees (70 ) from the hori- 52 zontal, serving two (2) or more landings, for the purpose of transporting 53 materials which are manually or automatically loaded or unloaded. 54 (13) "Modernization" means the replacing or upgrading of any major operat- 3 1 ing component(s) of a conveyance. 2 (14) "Moving walks" means a type of passenger-carrying device on which 3 passengers stand or walk and in which the passenger-carrying surface remains 4 parallel to its direction of motion and is uninterrupted. 5 (15) "Owner" includes the designated agent or representative of the owner. 6 (16) "Platform lift" means a hoisting and lowering mechanism that moves 7 within a guide system and serves two (2) or more landings, and may include 8 vertical or inclined platform lifts used by persons who are mobility impaired. 9 (17) "Private residence" means a separate dwelling or a separate apartment 10 in a multiple dwelling occupied only by the members of a single family unit. 11 (18) "Qualified elevator inspector" or "QEI" means a person who is cur- 12 rently certified by the National Association of Elevator Safety Authorities 13 International (NAESA International) accredited certifying organization as 14 meeting the requirements of the NAESA International QEI-1 standard, and who is 15 employed by or under contract to the division of building safety. 16 (19) "Repair" means the process of rehabilitation, upgrading or replace- 17 ment of parts that are basically the same as the originals for the purpose of 18 ensuring performance in accordance with the applicable code requirements. 19 (20) "Replacement" means the substitution of a device or component in its 20 entirety with a new unit that is basically the same as the original for the 21 purpose of ensuring performance in accordance with the applicable code 22 requirements. 23 39-8604. ENFORCEMENT. The administrator shall enforce the provisions of 24 this chapter. Local governments shall not adopt codes or institute enforcement 25 programs with regard to conveyances. 26 39-8605. ADMINISTRATOR'S RULEMAKING AUTHORITY. The administrator may 27 adopt rules and codes governing the operation, installation, alteration, main- 28 tenance, inspection and repair of conveyances and shall adopt minimum stan- 29 dards governing existing installations. The administrator may adopt such rules 30 and fees as are reasonably necessary to establish and administer the provi- 31 sions of this chapter. 32 39-8606. SCOPE -- EXEMPTIONS. The provisions of this chapter shall apply 33 to all conveyances within the state of Idaho except the following: 34 (1) Conveyances located in private residences; 35 (2) Conveyances in federally-owned facilities; 36 (3) Conveyances permanently removed from service or made effectively 37 inoperative; and 38 (4) Conveyances erected temporarily for use only during construction work 39 that are of such a design that they must be operated by a workman stationed at 40 the hoisting machine. 41 39-8607. INSPECTIONS. On and after July 1, 2004, all installations and 42 periodic inspections required by this chapter shall be performed by a QEI as 43 defined in this chapter. 44 39-8608. INSTALLATION PERMITS REQUIRED -- APPLICATION -- POSTING -- 45 EXCEPTIONS -- OTHER LICENSES, PERMITS AND INSPECTIONS. (1) On and after July 46 1, 2004, it shall be unlawful for any person to do, or cause or permit to be 47 done, whether acting as principal, agent or employee, any installation or 48 major alteration of any conveyance in the state of Idaho without first procur- 49 ing an installation permit from the division of building safety authorizing 50 the work to be done. 4 1 (2) The owner of a conveyance shall submit an application for the permit 2 in a form that the division may prescribe. A copy of the plans or specifica- 3 tions for the installation, erection, major alteration, or relocation shall 4 be attached to the permit application. 5 (3) The permit issued by the division shall be kept posted conspicuously 6 at the site of installation. 7 (4) No installation permit is required for repairs and replacement nor- 8 mally necessary for maintenance and made with parts of equivalent materials, 9 strength and design, or for installations and major alterations that have been 10 commenced prior to July 1, 2004, or for new installations let for bid prior to 11 November 1, 2002. 12 (5) The installation permit and inspections required in this chapter are 13 not exclusive. Installations and major alterations of conveyances as herein 14 defined may be subject to licensing, permitting and inspection requirements 15 set forth in other provisions of law. 16 39-8609. RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF EQUIPMENT AND 17 FOR PERIODIC TESTS. (1) The person installing or altering a conveyance is 18 responsible for its operation and maintenance until the division has issued an 19 operating certificate for the conveyance. The owner is responsible for all 20 tests of a new, relocated or altered conveyance until the division has issued 21 an operating permit for the conveyance. 22 (2) The owner shall be responsible for the safe operation and proper 23 maintenance of the conveyance after the division has issued the operating cer- 24 tificate and also during the period of effectiveness of any temporary operat- 25 ing permit. The owner shall be responsible for assuring that all required 26 periodic tests are performed by a QEI as defined in this chapter. 27 39-8610. TEMPORARY CERTIFICATE TO OPERATE. A temporary certificate to 28 operate may be issued by the administrator and shall be effective for not more 29 than sixty (60) days. No temporary certificate shall be issued when life- 30 safety nonconformances are present. Before the expiration of sixty (60) days, 31 the conveyance shall be reinspected and a permanent certificate to operate 32 shall be issued or the conveyance shall be put out of service. 33 39-8611. CERTIFICATE TO OPERATE. (1) Inspection and certificate. No con- 34 veyance shall be placed into operation until an inspection has been performed 35 and a certificate to operate has been issued by the division. 36 (2) Inspection prior to issuance. A certificate to operate may be issued 37 only if, after a thorough inspection, the QEI finds that the conveyance meets 38 the required safety standards. If the conveyance is found to be unsafe, the 39 division shall prohibit the use of the conveyance until it is made safe. 40 (3) Term of certificate. A certificate to operate shall be in effect for 41 five (5) years, provided that the conveyance continues to meet the require- 42 ments of the appropriate codes as evidenced by annual inspections. 43 (4) Revocation of certificate. The certificate to operate shall remain 44 the property of the state of Idaho and may be revoked at any time if the con- 45 veyance fails to meet the requirements of the appropriate codes or if the 46 annual certification fee is not paid. 47 39-8612. OPERATION WITHOUT CERTIFICATE MAY BE ENJOINED. Whenever any con- 48 veyance is being operated without a certificate required by this chapter, the 49 administrator may apply to the district court of the county in which the con- 50 veyance is located for a temporary restraining order or a temporary or perma- 51 nent injunction restraining the operation of the conveyance until the division 5 1 issues a certificate to operate. Notwithstanding any other provision of law, 2 the division shall not be required to post a bond. 3 39-8613. ORDER TO DISCONTINUE OPERATION -- NOTICE -- CONDITIONS -- CON- 4 TENTS OF ORDER -- RESCISSION OF ORDER -- VIOLATION -- PENALTY -- RANDOM 5 INSPECTIONS. (1) The administrator may order the owner or person operating a 6 conveyance to discontinue the operation of a conveyance, and may place a 7 notice that states that the conveyance shall not be operated, in a conspicuous 8 place in the conveyance if the conveyance: 9 (a) Has not been constructed, installed, maintained or repaired in accor- 10 dance with the requirements of this chapter; or 11 (b) Has otherwise become unsafe. 12 (2) The administrator's order is effective immediately and shall not be 13 stayed by a request for an administrative hearing. 14 (3) The administrator shall prescribe a form for the order to discontinue 15 operation. The order shall specify why the conveyance violates this chapter or 16 is otherwise unsafe. 17 (4) The administrator shall rescind the order to discontinue operation if 18 the conveyance is fixed or modified to bring it into compliance with this 19 chapter. 20 (5) An owner or a person that knowingly operates or allows the operation 21 of a conveyance in contravention of an order to discontinue operation, or that 22 removes a notice not to operate, is: 23 (a) Guilty of a misdemeanor; and 24 (b) Subject to a civil penalty. 25 (6) The division may conduct random on-site inspections and tests on 26 existing installations and may witness periodic inspections and testing in 27 order to ensure satisfactory performance. 28 (7) Administrative hearings of appeals from orders issued by the adminis- 29 trator shall be governed by the provisions of the Idaho administrative proce- 30 dure act, chapter 67, title 52, Idaho Code. 31 39-8614. ADOPTION OF CODES. The following codes, including updates and 32 addenda as set forth in the duly promulgated administrative rules, are hereby 33 adopted for all conveyances subject to this chapter: 34 (1) ANSI/ASME, Safety Code for Elevators and Escalators. 35 (2) ANSI/ASME, Guide for Inspection of Elevators, Escalators, and Moving 36 Walks. 37 (3) ANSI/ASME, Safety Code for Existing Elevators and Escalators. 38 (4) ANSI/ASME, Guide for Emergency Personnel. 39 (5) ANSI/ASME, Standards for Elevator and Escalator Electrical Equipment. 40 (6) ANSI/ASME, Safety Requirements for Personnel Hoists and Employee Ele- 41 vators for Construction and Demolition of Operations. 42 (7) ICC/ANSI, American National Standard, Accessible and Usable Buildings 43 and Facilities. 44 (8) ANSI/ASME, Safety Standards for Platform Lifts and Stairway 45 Chairlifts. 46 (9) ASME, Standards for the Qualification of Elevator Inspectors. 47 39-8615. INSPECTIONS AND TESTS. Conveyances shall have an inspection per- 48 formed in accordance with ANSI/ASME standards set forth in section 39-8614, 49 Idaho Code. The following types of inspections are required: 50 (1) Acceptance. The initial inspection and tests of new or altered equip- 51 ment by a QEI to check for compliance with the applicable code requirements. 52 (2) Periodic. Periodic inspection and tests plus additional detailed 6 1 examination and operation of equipment at specified intervals performed by a 2 QEI to check for compliance with the applicable code requirements. Periodic 3 inspections are required at least every five (5) years. 4 (3) Routine. Annual examinations performed in compliance with applicable 5 codes to verify compliance with requirements. 6 39-8616. FEES. Fees to be charged by the division shall be as follows: 7 (1) Installation, alteration, modernization or relocation fee schedule. 8 Fees include one (1) plan review and certificate to operate, and two (2) 9 acceptance inspections (each inspection thereafter will incur a reinspection 10 fee): 11 (a) Certification fee: 12 (i) Traction and roped hydraulic elevator....................$1,500 13 (ii) Moving walk/escalator....................................$1,500 14 (iii) Hydraulic elevator.......................................$1,000 15 (iv) Platform lift/material lift/dumbwaiter.....................$750 16 (b) Reinspection fee: 17 (i) Traction and roped hydraulic elevator......................$500 18 (ii) Moving walk/escalator......................................$500 19 (iii) Hydraulic elevator.........................................$500 20 (iv) Platform lift/material lift/dumbwaiter.....................$250 21 (2) Annual certificate to operate fee schedule. Fees include annual cer- 22 tificate to operate and periodic inspection (every five (5) years): 23 (a) Certification fee: 24 (i) Traction and roped hydraulic elevator......................$225 25 (ii) Moving walk/escalator......................................$225 26 (iii) Hydraulic elevator.........................................$125 27 (iv) Platform lift/material lift/dumbwaiter.....................$100 28 (b) Reinspection fee: 29 (i) Traction and roped hydraulic elevator......................$225 30 (ii) Moving walk/escalator......................................$225 31 (iii) Hydraulic elevator.........................................$125 32 (iv) Platform lift/material lift/dumbwaiter.....................$100 33 (3) Temporary certificate to operate fee schedule (same as annual): 34 (a) Temporary certification fee: 35 (i) Traction and roped hydraulic elevator......................$225 36 (ii) Moving walk/escalator......................................$225 37 (iii) Hydraulic elevator.........................................$125 38 (iv) Platform lift/material lift/dumbwaiter.....................$100 39 (b) Reinspection fee: 40 (i) Traction and roped hydraulic elevator......................$225 41 (ii) Moving walk/escalator......................................$225 42 (iii) Hydraulic elevator.........................................$125 43 (iv) Platform lift/material lift/dumbwaiter.....................$100 44 (4) Application for initial certification (nonrefundable): 45 All conveyances........................................................$50 46 39-8617. ANNUAL RENEWAL. Certificates to operate shall be renewed annu- 47 ally by making application to the division on such forms as the division may 48 prescribe. Successful application shall require payment of the annual renewal 49 fee and submission of a satisfactory routine inspection form, provided how- 50 ever, that on each five (5) year anniversary of issuance of the certificate, 51 successful application shall require payment of the annual renewal fee and 52 submission of a satisfactory periodic inspection form. 7 1 39-8618. INSPECTION REPORTS. Within fifteen (15) days of completion of 2 the inspection, all inspection reports shall be filed with the division and a 3 copy shall be sent to the owner for corrective actions as required. Failure to 4 complete corrective actions within fifteen (15) days of receipt of the inspec- 5 tion report shall constitute grounds for the imposition of civil penalties and 6 such further action as the division may deem appropriate. 7 39-8619. VIOLATIONS -- MISDEMEANORS. (1) Any person who willfully vio- 8 lates any provision of this chapter or the duly promulgated rules hereunder is 9 guilty of a misdemeanor and, upon conviction, shall be punished by a fine of 10 not more than three hundred dollars ($300) or by imprisonment for not more 11 than six (6) months or by both such fine and imprisonment. 12 (2) A separate violation is deemed to have occurred with respect to each 13 conveyance not in compliance with this chapter. Each day such violation con- 14 tinues constitutes a separate offense. 15 39-8620. CIVIL PENALTY FOR VIOLATION OF CHAPTER -- NOTICE. (1) The admin- 16 istrator may assess a penalty against a person violating a provision of this 17 chapter. The penalty shall be not more than five hundred dollars ($500) per 18 violation. Each day that the violation continues is a separate violation and 19 is subject to a separate penalty. 20 (2) The administrator shall notify the violator of his action and the 21 reasons for his action in writing. The administrator shall send the notice by 22 certified mail to the violator's last known address. The notice shall inform 23 the violator that a hearing may be requested under the provisions of the Idaho 24 administrative procedure act, chapter 52, title 67, Idaho Code. A request for 25 a hearing shall not stay the effect of the penalty. 26 39-8621. NO LIMITATION OR ASSUMPTION OF LIABILITY. This chapter shall not 27 be construed to relieve or lessen the responsibility of any person, firm or 28 corporation owning, operating, controlling, maintaining, erecting, construct- 29 ing, installing, altering, inspecting, testing or repairing any conveyance 30 covered by this chapter for damages to any person or property caused by any 31 defect therein, nor does the state assume any such liability or responsibility 32 for any liability to any person for whatever reason whatsoever by the adoption 33 of this chapter or any acts or omissions arising hereunder. 34 39-8622. ACCIDENTS -- REPORT AND INVESTIGATION -- CESSATION OF USE -- 35 REMOVAL OF DAMAGED PARTS. The owner shall promptly notify the division of each 36 accident to a person requiring the service of a physician or resulting in a 37 disability exceeding one (1) day and shall afford the division every facility 38 for investigating and inspecting the accident. After being so notified, the 39 division shall without delay make an inspection and shall place on file a full 40 and complete report of the accident. The report shall detail all material 41 facts and information gathered as a part of the investigation and shall 42 include the potential cause or causes of the accident, as may be ascertained 43 by the division. The report shall be open to public inspection at all reason- 44 able hours. When an accident involves the failure or destruction of any part 45 of the construction or the operating mechanism of a conveyance, the use of the 46 conveyance is forbidden until it has been made safe, it has been reinspected, 47 any repairs, changes or alterations have been approved by the division, and a 48 permit has been issued by the division. The removal of any part of the damaged 49 construction or operating mechanism from the premises is forbidden until the 50 division grants permission to do so. 8 1 SECTION 2. That Section 39-4109, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 39-4109. APPLICATION OF CODES. The following codes are hereby adopted for 4 the state of Idaho division of building safety and shall only be applied by 5 local governments as prescribed by section 39-4116, Idaho Code: 6 (1) The 2000 International Building Code and appendices thereto pertain- 7 ing to building accessibility, not including the adoption of the incorporated 8 electrical codes, plumbing codes, fire codes or property maintenance codes 9 other than specifically referenced subjects or sections of the International 10 Fire Code, but including the incorporated International Residential Code; 11 International Mechanical Code; International Fuel Gas Code; International 12 Energy Conservation Code; for the 2000 edition of the International Building 13 Code, the requirements pertaining to accessibility for persons with disabili- 14 ties published by the International Code Council in the 2001 supplement to the 15 International Codes and rules promulgated by the board to provide equivalency 16 with the provisions of the Americans with disabilities act accessibility 17 guidelines and the fair housing act accessibility guidelines shall be 18 included; 19 (2) The 2000 International Residential Code as published by the Interna- 20 tional Code Council, except for parts VII and VIII as they pertain to plumbing 21 and electrical requirements; 22 (3) The 2000 International Energy Conservation Code as published by the 23 International Code Council; 24 (4) The latest edition of the Uniform Mechanical Code, published by the 25 International Conference of Building Officials; and 26 (5) The 1997 Uniform Code for Building Conservation as published by the 27 International Conference of Building Officials; and28(6) The Safety Code for Elevators and Escalators (ASME/ANSI A17.1) as29published by the American Society of Mechanical Engineers and the American30National Standards Institute. 31 SECTION 3. That Section 72-720, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 72-720. POWERS OF COMMISSION -- SAFETY. (1) Except as provided in subsec- 34 tion (2) of this section, whenever it receives a written request for an 35 inspection or has written documented information that any employer subject to 36 the commission's jurisdiction in worker safety matters is employing workers 37 in or about any structure, room or place of employment which is not con- 38 structed and maintained in conformity with reasonable standards of construc- 39 tion as shall render it safe, or is employing workers on, or with, tools, 40 equipment or machinery which are not equipped with safety devices, safeguards 41 or other means of protection well adapted to render employees and places of 42 employment safe, the commission is authorized to inspect such places of 43 employment, to compel such employer to cease employing workers in such places, 44 or on, or with, such tools, appliances or machinery, if they are deemed 45 unsafe, and, pursuant to the provisions of chapter 52, title 67, Idaho Code, 46 to adopt reasonable minimum safety standards. 47 (2) The provisions of this section requiring a written request or written 48 documentation prior to an inspection shall not apply to: 49 (a) Inspections conducted pursuant to rules promulgated by the commission 50 relating to the logging safety program,or elevators,boilers and pressure 51 vessels; or 52 (b) Inspections of buildings owned or maintained by a political subdivi- 9 1 sion of the state if such political subdivision has not, pursuant to chap- 2 ter 41, title 39, Idaho Code, adopted applicable building codes and insti- 3 tuted and implemented a code enforcement program; provided however, that 4 inspections by the commission of such buildings shall be conducted on an 5 annual basis only. For purposes of this subsection, "political subdivi- 6 sion" means any governmental unit or special district of the state of 7 Idaho.
STATEMENT OF PURPOSE RS 13656 This bill adds a new Chapter 86 relating to elevator safety requirements to Title 39. The purpose is to ensure that the use of elevators, escalators, moving walks, platform lifts, material lifts and dumbwaiters is reasonably safe. Elevator safety is found only in Idaho Code Section 72-720 which relates to the Industrial Commission and worker safety in the workplace. IDAPA 17.07.01, Safety Rules for Elevators, Escalators and Moving Walks, are promulgated pursuant to the authority granted the Industrial Commission. However, the rules do not grant the authority to enforce the requirements of safety inspections. This legislation provides the authority to the Division of Building Safety for enforcement and rulemaking. It also establishes the requirements for a permitting process, installations, inspections, types of certificates to operate, the adoption of safety codes, sets forth fee schedules, sets forth nonliability provisions and sets forth provisions relating to accidents. The Division of Building Safety has record of approximately 860 elevators. However, the private elevator companies doing business in Idaho estimate over 1,700. There are many elevators not being inspected or possibly never inspected. In the past, only elevators have been inspected. This legislation expands the inspections to include elevators, escalators, moving walks, platform lifts, material lifts and dumbwaiters. This bill also amends Section 39-4109, Idaho Code, removing a reference to an elevator and escalator safety code. It also amends Section 72-720, Idaho Code, removing a reference to elevators. FISCAL NOTE The estimated savings to the Industrial Commission Administrative fund is $200,000 per year. These funds are transferred to the Division of Building Safety for inspection of elevators. Funds in support of this legislation will come from elevator registration, annual certificate for operational and reinspection fees. Existing resources within the industrial safety program will be utilized to start up the elevator program. The elevator inspection program will be self-supporting within the first year. Impact on the General Fund will be inspection of state and school elevators and lifts; chair and platform. Estimated cost is $50,000 per year. Based on 1,700 elevators (the figure provided by elevator companies), the annual cost of Division of Building Safety inspection program is: Ongoing One-time Personnel $208,700 -0- Operating costs $ 65,800 $10,000 Capital outlay $ -0- $23,300 $274,500 $33,300 First year cost: $307,800 Contact: Bob Corbell Building Owners and Managers Association 870-5817 STATEMENT OF PURPOSE/FISCAL NOTE H 569