2007 Legislation
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HOUSE BILL NO. 102 – Elevators, code compliance

HOUSE BILL NO. 102

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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