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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 - 2007IN 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,andaddenda 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 13to be chargedin accordance with the fee schedule established by the division, 14 which schedule shallbenot 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 actionswithin fifteen27(15) days of receipt of the inspection reportset 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