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H0102...........................................................by BUSINESS
IDAHO ELEVATOR CODE SAFETY ACT - Amends existing law relating to the Idaho
Elevator Code Safety Act to provide that conveyances shall comply with
specified codes; to revise applicable codes; to revise fees; and to set
forth provisions applicable to compliance agreements.
02/02 House intro - 1st rdg - to printing
02/05 Rpt prt - to Bus
02/16 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Mathews
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Com/HuRes
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Broadsword
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed - Pres signed
03/16 To Governor
03/21 Governor signed
Session Law Chapter 137
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 102
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO ELEVATOR SAFETY CODE ACT; AMENDING SECTION 39-8611,
3 IDAHO CODE, TO PROVIDE THAT CONVEYANCES SHALL COMPLY WITH SPECIFIED CODES;
4 AMENDING SECTION 39-8614, IDAHO CODE, TO REVISE APPLICABLE CODES; AMENDING
5 SECTION 39-8616, IDAHO CODE, TO REVISE FEES; AND AMENDING SECTION 39-8618,
6 IDAHO CODE, TO SET FORTH PROVISIONS APPLICABLE TO COMPLIANCE AGREEMENTS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 39-8611, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-8611. CERTIFICATE TO OPERATE. (1) Inspection and certificate. No con-
11 veyance shall be placed into operation until an inspection has been performed
12 and a certificate to operate has been issued by the division.
13 (2) Inspection prior to issuance. A certificate to operate may be issued
14 only if, after a thorough inspection, the QEI finds that the conveyance meets
15 the required safety standards. If the conveyance is found to be unsafe, the
16 division shall prohibit the use of the conveyance until it is made safe. Con-
17 veyances shall comply with the codes set forth in section 39-8614, Idaho Code.
18 (3) Term of certificate. A certificate to operate shall be in effect for
19 five (5) years, provided that the conveyance continues to meet the require-
20 ments of the appropriate codes as evidenced by annual inspections.
21 (4) Revocation of certificate. The certificate to operate shall remain
22 the property of the state of Idaho and may be revoked at any time if the con-
23 veyance fails to meet the requirements of the appropriate codes or if the
24 annual certification fee is not paid.
25 SECTION 2. That Section 39-8614, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-8614. ADOPTION OF CODES. (1) The following codes, including those
28 updates, and addenda and amendments thereto hereafter adopted by the division
29 as set forth in the duly promulgated administrative rules, are hereby adopted
30 for all conveyances subject to this chapter as may be applicable below:
31 (1a) ANSI/ASME, Safety Code for Elevators and Escalators.
32 (2b) ANSI/ASME, Guide for Inspection of Elevators, Escalators, and Moving
33 Walks.
34 (3c) ANSI/ASME, Safety Code for Existing Elevators and Escalators.
35 (4d) ANSI/ASME, Guide for Emergency Personnel.
36 (5e) ANSI/ASME, Standards for Elevator and Escalator Electrical Equip-
37 ment.
38 (6f) ANSI/ASME, Safety Requirements for Personnel Hoists and Employee
39 Elevators for Construction and Demolition of Operations.
40 (7g) ICC/ANSI, American National Standard, Accessible and Usable Build-
41 ings and Facilities.
2
1 (8h) ANSI/ASME, Safety Standards for Platform Lifts and Stairway
2 Chairlifts.
3 (9i) ASME, Standards for the Qualification of Elevator Inspectors.
4 (2) Conveyances placed into operation after July 1, 2004, shall comply
5 with those codes in effect on the date the division received the application
6 for the permit or certificate for the conveyance.
7 (3) Conveyances placed into operation prior to July 1, 2004, shall be
8 required to comply only with the Safety Code for Existing Elevators and Esca-
9 lators.
10 SECTION 3. That Section 39-8616, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-8616. FEES. The division shall have authority to charge certain fFees
13 to be charged in accordance with the fee schedule established by the division,
14 which schedule shall be not exceed the amounts set forth as follows and which
15 amounts may be reduced by the division as set forth in duly promulgated admin-
16 istrative rules:
17 (1) Installation, alteration, modernization or relocation fee schedule.
18 Fees include one (1) plan review and certificate to operate, and two (2)
19 acceptance inspections (each inspection thereafter will incur a reinspection
20 fee):
21 (a) Certification fee:
22 (i) Traction and roped hydraulic elevator....................$1,500
23 (ii) Moving walk/escalator....................................$1,500
24 (iii) Hydraulic elevator.......................................$1,000
25 (iv) Platform lift/material lift/dumbwaiter.....................$750
26 (b) Reinspection fee:
27 (i) Traction and roped hydraulic elevator......................$500
28 (ii) Moving walk/escalator......................................$500
29 (iii) Hydraulic elevator.........................................$500
30 (iv) Platform lift/material lift/dumbwaiter.....................$250
31 (2) Annual certificate to operate fee schedule. Fees include annual cer-
32 tificate to operate and periodic inspection (every five (5) years), and one
33 (1) reinspection as may be necessary (each inspection thereafter will incur a
34 reinspection fee):
35 (a) Certification fee:
36 (i) Traction and roped hydraulic elevator......................$225
37 (ii) Moving walk/escalator......................................$225
38 (iii) Hydraulic elevator.........................................$125
39 (iv) Platform lift/material lift/dumbwaiter.....................$100
40 (b) Reinspection fee:
41 (i) Traction and roped hydraulic elevator......................$225
42 (ii) Moving walk/escalator......................................$225
43 (iii) Hydraulic elevator.........................................$125
44 (iv) Platform lift/material lift/dumbwaiter.....................$100
45 (3) Temporary certificate to operate fee schedule (same as annual) and
46 one (1) reinspection fee as may be necessary (each inspection thereafter will
47 incur a reinspection fee):
48 (a) Temporary certification fee:
49 (i) Traction and roped hydraulic elevator......................$225
50 (ii) Moving walk/escalator......................................$225
51 (iii) Hydraulic elevator.........................................$125
52 (iv) Platform lift/material lift/dumbwaiter.....................$100
53 (b) Reinspection fee:
3
1 (i) Traction and roped hydraulic elevator......................$225
2 (ii) Moving walk/escalator......................................$225
3 (iii) Hydraulic elevator.........................................$125
4 (iv) Platform lift/material lift/dumbwaiter.....................$100
5 (4) Application for initial certification (nonrefundable):
6 All conveyances........................................................$50
7 SECTION 4. That Section 39-8618, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-8618. INSPECTION REPORTS AND COMPLIANCE AGREEMENTS. (1) Within fifteen
10 (15) days of completion of the inspection, all inspection reports shall be
11 filed with the division and a copy shall be sent to the owner for corrective
12 actions as required.
13 (2) Within thirty (30) days of the delivery of an inspection report to
14 the owner and the division, the owner and the division shall enter into a com-
15 pliance agreement whereby the owner and the division shall agree upon a sched-
16 ule for corrective actions identified in the inspection report. The division
17 shall issue a temporary certificate to operate if the corrective actions are
18 not related to life safety issues. The owner and the division shall thereafter
19 act in good faith to comply with the provisions of the compliance agreement.
20 (3) Where there are practical difficulties involved in complying with
21 this chapter or any provision of any applicable code, as part of a compliance
22 agreement, the owner and the division may identify alternative means of com-
23 pliance so long as such alternative means do not lessen health, fire and life
24 safety requirements and are otherwise consistent with the intent and purpose
25 of applicable codes.
26 (4) An owner's fFailure to complete the corrective actions within fifteen
27 (15) days of receipt of the inspection report set forth in the compliance
28 agreement shall constitute grounds for the imposition of civil penalties and
29 such further action as the division may deem appropriate if the owner:
30 (a) Fails to initiate corrective action; and
31 (b) Fails to provide evidence of compliance within thirty (30) days of
32 the owner's receipt of written notice from the division of a failure to
33 comply.
34 (5) An owner shall not be deemed to be in violation of this chapter:
35 (a) If the owner and the division are in the process of entering into a
36 compliance agreement; or
37 (b) If the owner is undertaking corrective action as set forth in the
38 compliance agreement; or
39 (c) If upon the expiration of thirty (30) days from receipt of written
40 notice from the division specifying the particulars in which the owner has
41 failed to perform its obligations under a compliance agreement, the owner
42 fails, prior to expiration of said thirty (30) day period, to rectify the
43 particulars specified in such notice; or
44 (d) If an owner's failure to perform under this chapter cannot be reason-
45 ably rectified within thirty (30) days from receipt of written notice from
46 the division, but the owner, having received the notice, has commenced
47 actions necessary to cure the failure and is diligently pursuing the cure
48 of the failure.
STATEMENT OF PURPOSE
RS 16774
This bill amends Chapter 86, Title 39, which was adopted in 2004 to
regulate elevators and other conveyances. This bill makes technical
amendments to Chapter 86 that have been identified by the Division
of Building Safety, building owners and elevator vendors as arising
from the implementation of Chapter 86. Specifically, these
amendments make the following modifications to Chapter 86, Title
39:
Clarifies the applicability of codes to existing elevators and
to new installations, and the process by which codes are adopted
and applied to both existing elevators and new installation;
Authorizes the Division of Building Safety to reduce fees by
rule as may be reasonable in the future;
Clarifies the number and type of inspections that are covered
by the relevant fees in the statutory fee schedule; and
Provides for negotiated compliance agreements that more
realistically represent the actual timing and process for
undertaking corrective actions based upon inspections by the
Division of Building Safety.
FISCAL NOTE
There will be no fiscal impact.
Contact: Bob Corbell, Building Owners & Managers Assn.
870-5817
Geoffrey Wardle, Building Owners & Managers Assn.
388-4894
STATEMENT OF PURPOSE/FISCAL NOTE H 102