Current through Register Vol. 49, No. 9, September, 2024
010.05-001
Statement of Organization
and Operations
The Arkansas Department of Labor and Licensing, Division of
Occupational and Professional Licensing Boards and Commissions is an agency of
state government Arkansas Code §2543- 1106. The Elevator Safety Board was
created by Arkansas Code §
20-24-105,
and given regulatory authority over the construction, alteration, repair,
maintenance, operation, and inspection of elevators, escalators, moving
sidewalks, dumbwaiters, and wheelchair lifts, and the power to oversee the
licensure of elevator inspectors, elevator mechanics, and elevator contractors.
The Arkansas Department of Labor and Licensing, Division of Occupational and
Professional Licensing Boards and Commissions is charged with enforcement of
the state's laws regarding elevator safety, as well as the rules promulgated by
the Elevator Safety Board, Arkansas Code §
20-24-104.
Ultimate authority for the operation of the agency is in the Secretary of the
Department of Labor and Licensing. For administrative purposes, the Secretary
has created the Elevator Safety Section which is responsible for administering
and enforcing state law and the rules of the Elevator Safety Board. The
individual charged with the day-to-day operations of the Elevator Safety
Section is referred to as Chief Elevator Inspector, who is selected by the
Secretary. From time to time, the board promulgates rules.
010.05-002
Information for
Public Guidance
The mailing address and telephone number for the Elevator
Safety Section is:
Elevator Safety Section
Arkansas Department of Labor and Licensing 900 West Capitol,
Suite 400
Little Rock, AR 72201 (501) 682-4538
The Department of Labor and Licensing makes available a list of
persons holding certain responsibilities for handling Arkans as Freedom of
Information Act requests, licensing questions, and complaints against licensees
so that the public may obtain information about the agency or make submissions
or requests. The names, mailing addresses, telephone numbers, and electronic
addresses can be obtained from the section's office or website.
The section has a list of official forms used by the section
and a list of all formal, written statements of policy and written
interpretative memoranda, and orders, decisions and opinions resulting from
adjudications, which may be obtained from the section's office or website. The
Department of Labor and Licensing website is:
https://www.labor.arkansas.gov/.
The Elevator Safety Section' s website is:
https://www.labor.arkansas.gov/divisions/code-enforcement/elevator-inspection-and-permits/.
Copies of all forms used by the section, written statements of
policy and written interpretive memoranda, and all orders issued by the
Elevator Safety Board may be obtained from the section's office.
010.05-003
General
Organization
A. The Elevator Safety
Section is generally divided into an office staff and a field staff. The field
staff is composed of Elevator Inspectors.
B. The Elevator Safety Board consists of six
(6) members, one (1) of whom is the Secretary of the Department of Labor and
Licensing, who serves as Chair. A quorum for the transaction of business is a
majority of the members.
C. All
public meetings, including meetings of the Elevator Safety Board will be
conducted pursuant to Robert's Rules of Order and in conformity with the
Arkansas Freedom of Information Act. Regular meetings will be held every other
month. Special meetings may be held on the call of the Chair.
D. The board may create standing and ad hoc
committees. The Chair will select members of committees. A quorum for the
transaction of committee business is a majority of the number of voting members
of the committee.
E. The Chief
Elevator Inspector will prepare the agenda for regular and special meetings.
The agenda will be distributed to board members and agency staff and made
available to the public in advance of the meeting. The agenda should state with
specificity the items that will be considered at a meeting, hearing, or
workshop. The agenda should include the following topics as applicable:
1. The call to order;
2. Review of minutes;
3. Old business;
4. New business;
5. Other business;
6. Adjudicatory hearings;
7. Rule-making hearings; and
8. Public comment.
The order of the agenda items is intended to be flexible and
may be adjusted to meet the needs of the board. Additionally, the agenda may be
amended by appropriate motion.
010.05-004
Purpose and Scope
A.
Purpose
1. The purpose of these rules is to
establish:
a. minimum safety standards for the
maintenance, inspection, tests, and operation of all elevators and escalators
and other conveyances;
b. minimum
safety standards for the construction of new elevators, dumbwaiters, escalators
and other conveyances;
c. minimum
safety standards for the alteration of existing elevators, dumbwaiters,
escalators and other conveyances;
d. minimum safety standards for existing
elevators, escalators, dumbwaiters and other conveyances;
e. rules prescribing fees;
f. rules for the application and granting of
variances and exceptions;
g.
minimum standards for licensing and qualifying elevator inspectors, elevator
contractors, and elevator mechanics; and
h. rules for the effective administration and
enforcement of the Elevator Safety Law, Arkansas Code §
20-24-101
et seq.
2. These rules are intended to protect the
general public, invitees, guests, employees, and all persons who could be
reasonably expected to use an elevator, escalator, dumbwaiter or other
conveyance.
B.
Scope and Application1. These
rules apply to all elevators, escalators, dumbwaiters and other conveyances in
the State of Arkansas, except as specifically exempted herein.
2. These rules do not apply to:
a. a conveyor, chain or bucket hoist,
construction hoist or similar devices used for the primary purpose of elevating
or lowering materials and is not used for elevating or lowering workers or
other riders, including those workers loading and unloading;
b. tiering, piling, feeding, or similar
machines or devices giving service within only one (1) story.
3. Conveyances installed in
private single-family dwellings are exempt from the testing and inspection
requirements of Arkansas Code §
20-24-112
and the permitting requirements of Arkansas Code §§
20-24-115
and -116.
010.05-005
Definitions
As used in these rules, unless the context otherwise
requires:
A.
"Alteration" means any change made to an existing elevator, dumbwaiter,
escalator or other conveyance; or to its hoistway, enclosure, or doors other
than the repair or replacement of damaged, worn, or broken parts necessary for
normal operation. The changing of the speed governor shall be considered an
alteration;
B.
"Authorized
representative" means the building department of cities, towns, or other
governmental subdivisions designated by the Department of Labor to enforce
certain provisions of Ark. Code Ann. §
20-24-101
et seq.;
C.
"Board" means the Arkansas Elevator Safety Board;
D.
"Conveyance" means an
elevator, dumbwaiter, escalator, moving sidewalk, automatic people mover,
platform lift or stairway chair lift;
E.
"Director" means the Director
of the Division of Labor;
F.
"Department" means the Department of Labor and
Licensing;
G.
"Dormant
elevator, dumbwaiter, or escalator" means an elevator or dumbwaiter
whose cables have been removed, whose car and counterweight rest at the bottom
of the shaftway, and whose shaftway doors are permanently boarded up or
barricaded on the inside or an escalator whose main power feed lines have been
disconnected;
H.
"Dumbwaiter" means a hoisting and lowering mechanism, driven by
mechanical power, equipped with a car which moves in guides in a substantially
vertical direction, the floor area of which does not exceed nine (9) square
feet, whose total compartment height does not exceed four feet (4'), the
capacity of which does not exceed five hundred pounds (500 lbs.), and which is
used exclusively for carrying freight;
I.
"Elevator" means a hoisting
and lowering mechanism equipped with a car or platform which moves in guides in
a substantially vertical direction;
1. The
term "elevator" shall not include a, conveyor chain bucket hoist, construction
hoist, or similar devices used for the primary purpose of elevating or lowering
materials, nor shall it include tiering, piling, feeding, or similar machines
or devices giving service within only one (1) story;
2. The term "power elevator" shall mean those
driven by the application of energy other than hand or gravity;
3. "Hand elevators" shall mean those driven
by manual power;
4. The term
"elevator" shall include vertical wheelchair lifts, inclined wheelchair lifts,
and inclined stairway chairlifts installed in any location, including a
private, single-family dwelling for use by individuals with physical
disabilities;
J.
"Escalator" means a power-driven, inclined, continuous stairway or
runway used for raising or lowering passengers;
K.
"Freight elevator" means an
elevator used for carrying freight and on which only the operator and the
persons necessary for loading and unloading are permitted to ride;
and
L.
"Passenger
elevator" means an elevator that is used to carry persons other than the
operator and persons necessary for loading and unloading.
010.05-006
Rule-Making
A.
Authority
The board has been authorized by the Legislature to promulgate
rules. Arkansas Code §
20-24-106(b).
The board follows the procedural requirements of the Arkansas Administrative
Procedure Act, in particular Arkansas Code §
25-15-203
and §
25-15-204.
Additionally, the board and the department are required to abide by the
provisions of §
10-3-309.
B.
Initiation of
Rule-Making
The process of adopting a new rule or amending or repealing an
existing rule (hereinafter referred to "rule-making") may be initiated by
request of the board that the staff submit proposed drafts. Additionally, staff
of the dep artment may request permission of to initiate rule- making. Third
persons outside the department may petition for the issuance, amendment, or
repeal of any rule.
C.
Petition to Initiate Rule-Making
Third parties may initiate rule-making to adopt, amend, or
repeal a rule by filing a petition with the department to initiate rule-making.
The petition must contain the name, address, and telephone number of the
petitioner, the specific rule or action requested, the reasons for the rule or
action requested, and facts showing that the petitioner is regulated by the
Elevator Safety Section or has a substantial interest in the rule or action
requested.
The petition to initiate rule-making shall be filed with the
Secretary of the Department of Labor and Licensing.
Within thirty (30) days after submission of the petition, the
board will either deny the petition, stating its reasons in writing, or will
initiate rule-making. A special meeting will be called if necessary to meet
this time frame.
D.
Filing with Legislative Council
Thirty (30) days before the public-comment period ends, the
agency will file with the Legislative Council the text of the proposed rule or
amendment as well as a financial impact statement and any additional
information as may be required by the Legislative Council as provided by
Arkansas Code §
10-3-309.
E.
Public Input
1. Before finalizing language of a proposed
new rule or an amendment to, or repeal of, an existing rule, the board will
receive public input through written comments and/or oral submissions. The
department will designate in its public notice the format and timing of public
comment.
2. Any public hearing will
provide affected persons and other members of the public a reasonable
opportunity for presentation of evidence, arguments, and oral statements within
reasonable conditions and limitations imposed by the agency to avoid
duplication, irrelevant comments, unnecessary delay, or disruption of the
proceedings.
3. The Director of the
Division of Labor or his designee may preside at the public hearing. The
department must ensure that the personnel responsible for preparing the
proposed rule or amendment are available and will notify third parties
initiating rule changes to be available to explain the proposal and to respond
to questions or comments regarding the proposed rule.
4. The department will preserve the comments
made at the public hearing by a recording.
5. Any person may submit written statements
within the specified period of time.
All timely, written statements will be considered by the board
and be made a part of the rulemaking record.
F.
Notice of Rule-Making
The Department of Labor and Licensing will give notice of
proposed rule-making to be published pursuant to Arkansas Code §
25-15-204.
The notice will set any written comment period and will specify the time, date,
and place of any public hearing.
G.
The Decision to Adopt a Rule
1. The board will not finalize language of
the rule or decide whether to adopt a rule until the period for public comment
has expired and the proposed rule has been reviewed and approved by the
Legislative Council or other legislative committee pursuant to Arkansas Code
§
10-3-309.
2. Before acting on a proposed rule, the
board will consider all of the written submissions and/or oral submissions
received in the rule-making proceeding or any memorandum summarizing such oral
submissions, and any regulatory analysis or fiscal impact statement issued in
the rule-making proceedings.
3. The
board may use its own experience, specialized knowledge, and judgment in the
adoption of a rule or consider the experience, specialized knowledge and
judgment of department staff.
H.
Variance Between Adopted Rule and
Published Notice of Proposed Rule
1.
The board may not adopt a rule that differs from the rule proposed in the
published notice of the intended rule-making on which the rule is based unless:
a. The final rule is in character with the
original scheme and was a logical outgrowth of the notice and comments stemming
from the proposed rule, or
b. The
notice fairly apprised interested persons of the subject and the issues that
would be considered so that those persons had an opportunity to
comment.
2. In
determining whether the final rule is in character with the original scheme and
was a logical outgrowth of the notice and comments, and that the notice of
intended rulemaking provided fair warning that the outcome of that rule-making
proceeding could be the rule in question; the board must consider the following
factors:
a. The extent to which persons who
will be affected by the rule should have understood that the rule-making
proceeding on which it is based could affect their interests; and
b. The extent to which the subject matter of
the rule or issues determined by the rule are different from the subject matter
or issues contained in the notice of intended rule-making; and
c. The extent to which the effects of the
rule differ from the effects of the proposed rule contained in the notice of
intended rule-making.
I.
Concise Statement of Reasons
1. When requested by an interested person,
either prior to the adoption of a rule or within thirty (30) days after its
adoption, the department shall issue a concise statement of the principal
reasons for and against the adoption of the rule. Requests for such a statement
must be in writing and be delivered to the Director of the Division of Labor.
The request should indicate whether the statement is sought for all or only a
specified part of a rule. A request will be considered to have been submitted
on the date on which it is received by the department.
2. The concise statement of reasons must
contain:
a. The board's reasons for adopting
the rule;
b. An indication of any
change between the text of the proposed rule and the text of the rule as
finally adopted, with explanations for any such change; and
c. The principal reasons urged in the
rule-making procedure for and against the rule, and the board's reasons for
overruling the arguments made against the rule.
J.
Contents
The department shall cause the board's rules to be published
and made available to interested persons. The publication must include:
1. The text of the rule; and
2. A note containing the following:
a. The date(s) the board adopted or amended
the rule;
b. The effective date(s)
of the rule;
c. Any findings
required by any provisions of law as a prerequisite to adoption for
effectiveness of the rule; and
d.
Citation to the entire specific statutory or other authority authorizing the
adoption of the rule;
3.
The publication of the rule(s) must state the date of publication.
K.
Format
The published rules of the board will be organized
substantially in the following format:
1. Statement of Organization and
Operations
2. Information for
Public Guidance
3. General
Organization
4. Purpose and
Scope
5. Definitions
6. Rule-making
7. Emergency Rule-making
8. Declaratory Orders
9. Adjudicative Hearings
10. Licensing
11. Substantive rules and other rules of
Agency
L.
Incorporation by Reference
By reference in a rule, the board may incorporate all or any
part of a code, standard, rule, or other matter if the board finds that copying
the matter in the board's rule would be unduly cumbersome, expensive, or
otherwise inexpedient. The reference in the rule must fully and precisely
identify the incorporated matter by title, citation, date, and edition, if any;
briefly indicate the precise subject and general contents of the incorporated
matter; and state that the rule does not include any later amendments or
editions of the incorporated matter. The board may incorporate such a matter by
reference in a proposed or adopted rule only if the department makes copies of
the incorporated matter readily available to the public. The rules must state
how and where copies of the incorporated matter may be obtained at cost from
the department, and how and where copies may be obtained from an agency of the
United States, this state, another state, or the organization, association, or
persons originally issuing that matter. The department must retain permanently
a copy of any materials incorporated by reference in a rule of the
board.
M.
Filing1. After the board
formally adopts a new rule or amends a current rule or repeals an existing
rule, and after the rule change has been reviewed and approved by the
Legislative Council, the department staff will file final copies of the rule
with the Secretary of State, the Arkansas State Library, and the Legislative
Council, or as otherwise provided by Arkansas Code §
25-15-204.
2. Proof of filing a copy of the rule,
amendment, or repeal with the Secretary of State, the Arkansas State Library,
and the Legislative Council will be kept in a file maintained by the
department.
3. Notice of the rule
change will be posted on the department website.
010.05-007
Emergency
Rule-Making
A.
Request for
Emergency Rule-Making
The proponent of a rule may request the board to adopt an
emergency rule. In addition to the text of the proposed rule or amendment to an
existing rule and any other information required by Rule 010.05-006(C), the
proponent will provide a written statement setting out the facts or
circumstances that would support a finding of imminent peril to the public
health, safety, or welfare.
B.
Finding of an Emergency
Upon receipt of the written statement requesting an emergency
rule-making and documents or other evidence submitted in support of the
assertion that an emergency exists, the board will make an independent judgment
as to whether the circumstances and facts constitute an imminent peril to the
public health, safety, or welfare requiring adoption of the rule upon fewer
than 30 days notice. If the board determines that the circumstances warrant
emergency rulemaking, it will make a written determination that sets out the
reasons for its finding that an emergency exists. Upon making this finding, the
board may proceed to adopt the rule without any prior notice or hearing, or it
may determine to provide an abbreviated notice and hearing.
C.
Effective Date of Emergency
Rule1. The board shall not finalize an
emergency rule or file an emergency rule with the Secretary of State for
adoption until the emergency rule has been approved under Arkansas Code §
10-3-309.
2. The emergency rule will be effective
immediately upon filing, or at a stated time less than ten (10) days
thereafter, if the board finds that this effective date is necessary because of
imminent peril to the public health, safety, or welfare. The department will
file with the rule the board's written findings justifying the determination
that emergency rule-making is appropriate and, if applicable, the basis for the
effective date of the emergency rule being less than ten (10) days after the
filing of the rule pursuant to Arkansas Code §
25-15-204(e).
The department will take appropriate measures to make emergency rules known to
persons who may be affected by them.
010.05-008
Declaratory Orders
A.
Purpose and Use of Declaratory
Orders
A declaratory order is a means of resolving a controversy or
answering questions or doubts concerning the applicability of statutory
provisions, rules, or orders over which the board has authority. A petition for
declaratory order may be used only to resolve questions or doubts as to how the
statutes, rules, or orders may apply to the petitioner's particular
circumstances. A declaratory order is not the appropriate means for determining
the conduct of another person or for obtaining a policy statement of general
applicability from an agency. A petition or declaratory order must describe the
potential impact of statutes, rules, or orders upon the petitioner's
interests.
B.
The
Petition
The process to obtain a declaratory order is begun by filing
with the Director of the Division of Labor a petition that provides the
following information:
1. The caption
shall read: Petition for Declaratory Order Before Arkansas Department of Labor
and Licensing, Elevator Safety Board.
2. The name, address, telephone number, and
facsimile number of the petitioner.
3. The name, address, telephone number, and
facsimile number of the attorney of the petitioner.
4. The statutory provision(s), board rule(s),
or agency or board order(s) on which the declaratory order is sought.
5. A description of how the statutes, rules,
or orders may substantially affect the petitioner and the petitioner's
particular set of circumstances, and the question or issue on which petitioner
seeks a declaratory order.
6. The
signature of the petitioner or petitioner's attorney.
7. The date.
8. Request for a hearing, if
desired.
C.
Board
Disposition1. The board may hold a
hearing to consider a petition for declaratory statement.
If a hearing is held, it shall be conducted in accordance with
Arkansas Code §§
25-15-208
and 25-15- 213, and the board's rules for adjudicatory hearings.
2. The board may rely on the
statements of fact set out in the petition without taking any position with
regard to the validity of the facts. Within ninety (90) days of the filing of
the petition, the board will render a final order denying the petition or
issuing a declaratory order.
010.05-009
Adjudicative Hearings
A.
Scope of This Rule
This Rule, 010.005-009, applies in all administrative
adjudications conducted by the Board of Elevator Safety or the Elevator Safety
Section of the Arkansas Department of Labor and Licensing. This procedure is
developed to provide a process by which the board or s e c t i o n formulates
orders (for example, an order revoking a license to practice, or imposing civil
penalties).
B.
Presiding Officer
The Director of the Division of Labor, who is designated by the
Secretary of the Department of Labor and Licensing as chair of the board, shall
preside at a hearing before the board or may designate one or more members of
the board or one or more examiners, referees, or hearing officers to preside at
a hearing. The Director of the Division of Labor shall designate one or more
examiners, referees, or hearing officers to preside at a hearing before the
Elevator Safety Section.
C.
Appearances1. Any party
appearing has the right, at his or her own expense, to be represented by
counsel.
2. The respondent may
appear on his or her own behalf.
3.
Any attorney representing a party to an adjudicatory proceeding must file
notice of appearance as soon as possible.
4. Service on counsel of record is the
equivalent of service on the party represented.
5. On written motion served on the party
represented and all other parties of record, the presiding officer may grant
counsel of record leave to withdraw for good cause shown.
D.
Consolidation
If there are separate matters that involve similar issues of
law or fact, or identical parties, the matters may be consolidated if it
appears that consolidation would promote the just, speedy, and inexpensive
resolution of the proceedings, and would not unduly prejudice the rights of a
party.
E.
Notice to
Interested Parties
If it appears that the determination of the rights of parties
in a proceeding will necessarily involve a determination of the substantial
interests of persons who are not parties, the presiding officer may enter an
order requiring that an absent person be notified of the proceeding and be
given an opportunity to be joined as a party of record.
F.
Service of Papers
Unless the presiding officer otherwise orders, every pleading
and every other paper filed for the proceeding, except applications for witness
subpoenas and the subpoenas, shall be served on each party or the party's
representative at the last address of record.
G.
Initiation and Notice of
Hearing1. An administrative
adjudication is initiated by the issuance by the agency of a notice of
hearing.
2. The notice of hearing
will be sent to the respondent by U.S. mail, return receipt requested, delivery
restricted to the named recipient or his agent, as well as by regular U. S.
mail. Notice shall be sufficient when it is so mailed to the respondent's
latest address on file with the agency.
3. Notice will be mailed at least twenty (20)
days before the scheduled hearing.
4. The notice will include:
a. a statement of the time, place, and nature
of the hearing;
b. a statement of
the legal authority and jurisdiction under which the hearing is to be held;
and
c. a short and plain statement
of the matters of fact and law asserted.
H.
Motions
All requests for relief will be by motion. Motions must be in
writing or made on the record during a hearing. A motion must fully state the
action requested and the grounds relied upon. The original written motion will
be filed with the section. When time allows, the other parties may, within
seven (7) days of the service of the written motion, file a response in
opposition. The presiding officer may conduct such proceedings and enter such
orders as are deemed necessary to address issues raised by the motion. However,
a presiding officer, other than the Director of the Division of Labor, will not
enter a dispositive order unless expressly authorized in writing to do
so.
I.
Answer
A respondent may file an answer.
J.
Discovery
1. Upon written request, the Elevator Safety
Section will provide the information designated in Arkansas Code §
25-15-208(a)(3).
2. Such requests should be received by the
section at least ten (10) days before the scheduled hearing.
K.
Continuances
1. The presiding officer may grant a
continuance of hearing for good cause shown. Requests for continuances will be
made in writing. The request must state the grounds to be considered and be
made as soon as practicable and, except in cases of emergencies, no later than
five (5) days prior to the date noticed for the hearing. In determining whether
to grant a continuance, the presiding officer may consider:
a. Prior continuances;
b. The interests of all parties;
c. The likelihood of informal
settlements;
d. The existence of an
emergency;
e. Any
objection;
f. Any applicable time
requirement;
g. The existence of a
conflict of the schedules of counsel, parties, or witnesses;
h. The time limits of the request;
and
i. Other relevant
factors.
2. The
presiding officer may require documentation of any grounds for
continuance.
L.
Hearing Procedures1. The
presiding officer presides at the hearing and may rule on motions, require
briefs, and issue such orders as will ensure the orderly conduct of the
proceedings; provided, however, any presiding officer other than the Director
of the Division of Labor shall not enter a dispositive order or proposed
decision unless expressly authorized in writing to do so.
2. All objections must be made in a timely
manner and stated on the record.
3.
Parties have the right to participate or to be represented by counsel in all
hearings or pre-hearing conferences related to their case.
4. Subject to terms and conditions prescribed
by the Administrative Procedure Act, parties have the right to introduce
evidence on issues of material fact, cross-examine witnesses as necessary for a
full and true disclosure of the facts, present evidence in rebuttal, and, upon
request by the department, may submit briefs and engage in oral
argument.
5. The presiding officer
is charged with maintaining the decorum of the hearing and may refuse to admit,
or may expel, anyone whose conduct is disorderly.
M.
Order of Proceedings
The presiding officer will conduct the hearing in the following
manner:
1. The presiding officer will
give an opening statement, briefly describing the nature of the
proceedings.
2. The parties are to
be given the opportunity to present opening statements.
3. The parties will be allowed to present
their cases in the sequence determined by the presiding officer.
4. Each witness must be sworn or affirmed by
the presiding officer, or the court reporter, and be subject to examination and
cross-examination as well as questioning by the board and the representative of
the Elevator Safety Section. The presiding officer may limit
questioning in a manner consistent with the law.
5. When all parties and witnesses have been
heard, parties may be given the opportunity to present final
arguments.
N.
Evidence1. The presiding officer
shall rule on the admissibility of evidence and may, when appropriate, take
official notice of facts in accordance with all applicable requirements of
law.
2. Stipulation of facts is
encouraged. The board may make a decision based on stipulated facts.
3. Evidence in the proceeding must be
confined to the issues set forth in the hearing notice, unless the parties
waive their right to such notice or the presiding officer determines that good
cause justifies expansion of the issues. If the presiding officer decides to
admit evidence outside the scope of the notice, over the objection of a party
who did not have actual notice of those issues, that party, upon timely
request, will receive a continuance sufficient to prepare for the additional
issue and to permit amendment of pleadings.
4. A party seeking admission of an exhibit
must provide seven (7) copies of each exhibit at a hearing before the Elevator
Safety Board and three (3) copies of any exhibit in a hearing before the
Elevator Safety Section. The presiding officer must provide the opposing
parties with an opportunity to examine the exhibit prior to the ruling on its
admissibility. All exhibits admitted into evidence must be appropriately marked
and be made part of the record.
5.
Any party may object to specific evidence or may request limits on the scope of
the examination or cross-examination. A brief statement of the grounds upon
which it is based shall accompany such an objection. The objection, the ruling
on the objection, and the reasons for the ruling will be noted in the record.
The presiding officer may rule on the objection at the time it is made or may
reserve the ruling until the written decision.
6. Whenever evidence is ruled inadmissible,
the party offering that evidence may submit an offer of proof on the record.
The party making the offer of proof for excluded oral testimony will briefly
summarize the testimony or, with permission of the presiding officer, present
the testimony. If the excluded evidence consists of a document or exhibit, it
shall be marked as part of an offer of proof and inserted in the
record.
7. Irrelevant, immaterial,
and unduly repetitive evidence will be excluded. Any other oral or documentary
evidence, not privileged, may be received if it is of a type commonly relied
upon by reasonably prudent men and women in the conduct of their
affairs.
8. Reasonable inferences.
The finder of fact may base its findings of fact upon reasonable inferences
derived from other evidence received.
O.
Default
If a party fails to appear or participate in an administrative
adjudication after proper service of notice, the board or the Elevator Safety
Section may proceed with the hearing and render a decision in the absence of
the party.
P.
Subpoenas1. At the request of
any party, the Director of the Division of Labor shall issue subpoenas for the
attendance of witnesses at the hearing. The requesting party shall specify
whether the witness is also requested to bring documents and reasonably
identify said documents.
2. A
subpoena may be served by any person specified by law to serve process or by
any person who is not a party and who is eighteen (18) years of age or older.
Delivering a copy to the person named in the subpoena shall make service. Proof
of service may be made by affidavit of the person making service. The party
seeking the subpoena shall have the burden of obtaining service of the process
and shall be charged with the responsibility of tendering appropriate mileage
fees and witness fees pursuant to Rule 45, Arkansas Rules of Civil Procedure.
The witness must be served at least two days prior to the hearing. For good
cause, the agency may authorize the subpoena to be served less than two days
before the hearing.
3. Any motion
to quash or limit the subpoena shall be filed with the Elevator Safety Section
and shall state the grounds relied upon.
Q.
Recording the Proceedings
The responsibility to record the testimony heard at a hearing
is borne by the Elevator Safety Section. Upon the filing of a petition for
judicial review, the section will provide a transcript of testimony taken
before the board. If the board is successful upon appeal, the section may
request that the court assess the costs against the opposing party.
R.
Factors to be Considered
in Imposing Sanctions or Fines
In addition to any other considerations permitted by Arkansas
Code §§
20-24-101
et seq., if applicable, the board in imposing any sanction or
fine may consider the following:
1.
The nature and degree of the misconduct for which the sanction is being
sought.
2. The seriousness and
circumstances surrounding this misconduct.
3. The loss or damage to clients or
others.
4. The assurance of future
compliance.
5. The profit to the
wrongdoer.
6. The avoidance of
repetition.
7. Whether the conduct
was deliberate, intentional, or negligent.
8. The deterrent effect on others.
9. The conduct of the individual during the
course of the disciplinary proceeding.
10. Any prior enforcement or disciplinary
actions or sanctions, including warnings.
11. Matters offered in mitigation or
extenuation, except that a claim of disability or impairment resulting from the
use of alcohol or drugs may not be considered unless the individual
demonstrates that he or she is successfully pursuing in good faith a program of
recovery.
S.
Final
Order
The department will serve on the respondent a written order
that reflects the action taken by the board. The order will include a
recitation of facts found based on testimony and other evidence presented and
reasonable inferences derived from the evidence pertinent to the issues of the
case. It will also state conclusions of law and directives or other disposition
entered against or in favor of the respondent.
The order will be served personally or by mail on the
respondent. If counsel represents respondent, service of the order on
respondent's counsel shall be deemed service on the respondent.
010.05-010
Licensing
A.
General
1. All action of the
Elevator Safety Board or the Elevator Safety Section regarding licensure shall
be governed by Arkansas Code §§
20-24-101
et seq. and these Rules and, when applicable, Arkan s as C o
de §§
25-15-208
to -213.
2. The Elevator Safety
Board is responsible for licensure of elevator inspectors, Arkansas Code §
20-24-108(a);
elevator mechanics, Arkansas Code §
20-24-108(b);
and elevator contractors, Arkansas Code §
20-24-108(c).
B.
Requirement to Keep
Current Addresses on File
All persons holding a license issued by the agency are required
to provide the section with information so that the board can remain in contact
and provide notice of complaints and/or hearings. The licensee is required to
provide written notice to the board of any change in business and/or residence
address within 10 working days of the change. Service of notices of hearing
sent by mail will be addressed to latest address on file with the board.
C.
Review of
Application
The application and supporting documentation will be reviewed
by staff of the Elevator Safety Section. The section will inform the applicant
in writing if it determines that the application is incomplete, and will
specify why the application is incomplete. When a completed application, a
supplemental application, or the requested information is returned, the section
will reinitiate action on the application for license. If all requirements are
met, the applicant will be licensed.
D.
Denial of License
1. If a preliminary determination is made
that the application should be denied, the section will inform the applicant of
the opportunity for a hearing on the application.
2. The grounds or basis for the proposed
denial of a license will be set forth in writing by the section. The applicant
may appeal the section's determination to the Elevator Safety Board by making a
written request to the board for a hearing within thirty (30) days of the
notice of denial. Any hearing on the denial of a license will be conducted in
accordance with Arkansas Code §§
25-15-208
and -213, and unless otherwise provided by law, the applicant has the burden of
establishing entitlement to the license.
E.
Suspension, Revocation, Annulment or
Withdrawal1. Prior to the entry of a
final order to suspend, revoke, annul, or withdraw a license, or to impose
other sanctions upon a licensee, the section will serve the licensee a notice
of hearing in the manner set out in Arkansas Code §
25-15-208
and Rule 010.05-009 herein.
2. The
section has the burden of proving the alleged facts and violations of law
stated in the notice.
F.
Emergency Action1. If the board
finds that the public health, safety, or welfare imperatively requires
emergency action and incorporates that finding in its order, the board can
summarily suspend, limit, or restrict a license. The notice requirement in Rule
010.05-009(G) does not apply and must not be construed to prevent a hearing at
the earliest time practicable.
2.
Emergency Order: An emergency adjudicative order must contain written findings
that the public health, safety, and welfare imperatively require emergency
action to be taken by the board. The written order must include notification of
the date on which board proceedings are scheduled for completion.
Written Notice. The written emergency adjudicative order will
be immediately delivered to persons who are required to comply with the order.
One or more of the following procedures will be used:
a. Personal delivery;
b. Certified mail, return receipt requested,
to the last address on file with the board;
c. First class mail to the last address on
file with the board;
d. Fax. Fax
may be used as the sole method of delivery if the person required to comply
with the order has filed a written request that section orders be sent by fax
and has provided a fax number for that purpose.
e. Oral notice. Unless the written emergency
order is served by personal delivery on the same day that the order issues, the
section shall make reasonable immediate efforts to contact by telephone the
persons who are required to comply with the order.
3. Unless otherwise provided by law, within
ten (10) days after emergency action taken pursuant to paragraph (F)(1) of this
Rule, the section must initiate a formal suspension or revocation
proceeding.
G.
Voluntary Surrender of License
The licensee, in lieu of formal disciplinary proceedings, may
offer to surrender his or her license, subject to the board's determination to
accept the proffered surrender, rather than conducting a formal disciplinary
proceeding.
H.
Duty
of a Sanctioned Licensee
In every case in which a license is revoked, suspended, or
surrendered, the licensee shall, within thirty (30) days of the revocation,
suspension, or surrender, do the following:
1. Return his or her license and any license
pocket cards to the section' s office;
2. Notify all of his or her clients and
employer in writing that his or her license has been revoked, suspended, or
surrendered;
3. Notify all clients
and employer to make arrangements for other services, calling attention to any
urgency in seeking the substitution of another licensee;
4. Deliver to all clients or employer any
papers or property to which they are entitled, or notify the client or employer
of a suitable time and place where the papers and other property may be
obtained, calling attention to any urgency for obtaining the papers or other
property;
5. Refund any part of the
fees paid in advance that have not been earned;
6. Keep and maintain a record of the steps
taken to accomplish the foregoing;
7. File with the section a list of all other
state, federal, and administrative jurisdictions by which he or she is
licensed. Upon such filing, the agency will notify those entitled of the
revocation, suspension, or surrender; and
8. The licensee shall, within thirty (30)
days of revocation, suspension, or surrender of the license, file an affidavit
with the section that he or she has fully complied with the provisions of the
order and completely performed the foregoing or provide a full explanation of
the reasons for his or her non-compliance. Such affidavit shall also set forth
the address where communications may thereafter be directed to the
respondent.
I.
Reinstatement After Suspension1.
An order suspending a license may provide that a person desiring reinstatement
may file with the Director of the Division of Labor a verified petition
requesting reinstatement.
2. The
petition for reinstatement must set out the following:
a. That the individual has fully and promptly
complied with the requirements of Rule 010.05-010(H) of these rules pertaining
to the duty of a sanctioned professional;
b. That the individual has refrained from
practicing in this occupation or business during the period of
suspension;
c. That the
individual's license fee is current or has been tendered to the section;
and
d. That the individual has
fully complied with any requirements imposed as conditions for
reinstatement.
3. Any
knowing misstatement of fact may constitute grounds for denial or revocation of
reinstatement.
4. Failure to comply
with the provisions of sections (H)(7) and (H)(8) of this Rule precludes
consideration for reinstatement.
5.
No individual will be reinstated unless the board approves reinstatement by
majority vote.
J.
Re-Licensure for Revoked or Surrendered License
1. No individual who has had his or her
license revoked or who has surrendered his or her license will be licensed,
except on petition made to the board. The application for re-licensure is not
allowed until at least two (2) years after the revocation or surrender of
license took effect.
2. The
applicant bears the burden of proof that he is rehabilitated following the
revocation or surrender of his license, that he can engage in the conduct
authorized by the license without undue risk to the public health, safety, and
welfare, and that he is otherwise qualified for the license pursuant to
Arkansas Code §
20-24-101
et seq.
3. The
board may impose any appropriate conditions or limitations on a license to
protect the public health, safety, and welfare.
4. The board may require that the person
seeking re-licensure take the licensing examination.
K.
Inspectors
1. Qualifications. An applicant for an
elevator inspector's license shall complete an application approved by the
board and shall have:
a. at least four (4)
years verified experience in designing, installing, maintaining, or inspecting
conveyances;
b. successfully passed
the written examination for elevator inspectors administered by an accredited
ASME testing facility and evidenced by certification of the applicant as a
Qualified Elevator Inspector. This is commonly referred to as being QEI
certified;
c. no financial interest
in any business or operation which manufactures, installs, repairs, modifies or
services conveyances and have submitted a financial disclosure statement on a
form approved by the section. This qualification does not prohibit employees of
insurance companies insuring conveyances in Arkansas from obtaining a license
as an elevator inspector;
d.
submitted proof of insurance by an insurance company authorized to do business
in Arkansas of general liability coverage for at least one million dollars
($1,000,000) for injury or death of a person and five hundred thousand dollars
($500,000) for property damage; and
e. tendered a license fee in the amount of
one hundred dollars ($100.00).
2. License Renewal. An application for
renewal shall be submitted no later than January 31 of each calendar year,
regardless of the date of issue or renewal and shall be submitted with:
a. a license fee in the amount of one hundred
dollars ($100.00);
b. proof of
insurance as required by this Rule, 010.05-010(K)(1);
c. an annual financial disclosure statement
on a form approved by the division; and
d. proof of completion of eight (8) contact
hours or continuing education hours every two (2) years in a course of training
or instruction approved by the board as required by Rule
010.05-010(Q).
3.
Elevator inspectors in the employ of the Department of Labor and Licensing are
exempt from payment of licensing fees and fees for renewal of
license.
L.
Elevator Contractors1.
Qualifications. An applicant for an elevator contractor's license shall
complete an application approved by the board and shall have:
a. a permanent office located in the State of
Arkansas with an individual designated by the contractor to receive notices on
behalf of the contractor or be currently registered with the Secretary of State
with a designated agent for service of process who is also authorized to
receive notices on behalf of the contractor;
b. submitted verification of employment of a
licensed elevator mechanic;
c.
submitted proof of insurance by an insurance company authorized to do business
in Arkansas of general liability coverage for at least one million dollars
($1,000,000) for injury or death of a person and five hundred thousand dollars
($500,000) for property damage; and tendered a license fee in the amount of two
hundred and fifty dollars ($250).
2. License Renewal. An application for
renewal shall be submitted no later than January 31 of each calendar year,
regardless of the date of issue or renewal and shall be submitted with:
a. a license fee in the amount of two hundred
and fifty dollars ($250); and
b.
proof of insurance as required by this Rule, 010.05-010(L)(1).
M.
Elevator
Mechanics
1. Qualifications. An
applicant for an elevator mechanic's license shall complete an application
approved by the board and shall have:
a. at
least three (3) years verified work experience in constructing, maintaining,
servicing, or repairing conveyances;
b. successfully passed a written examination
approved for elevator mechanics by the board; and
c. tendered a license fee in the amount of
seventy-five dollars ($75) annually.
2. Restricted License. A restricted class of
elevator mechanic's license shall be known as an "Accessibility Technician".
Such class of license shall be restricted to performing work involving vertical
platform lifts, wheelchairs lifts, and inclined stairway chairlifts, including
those for private residences, which are covered by the provisions of ASME A18.1
2005. An applicant for such a restricted license shall complete an application
approved by the board and shall have:
a. at
least three (3) years verified work experience in constructing, maintaining,
servicing, or repairing those conveyances covered by ASME A18.1 2005;
b. tendered a license fee in the amount of
seventy-five dollars ($75) annually.
3. License Renewal. An application for
renewal shall be submitted no later than January 31 of the year of expiration,
regardless off the date of issue or renewal and shall be submitted with:
a. a license fee in the amount of one hundred
and fifty dollars ($150) for two years; and
b. proof of completion of eight (8) contact
hours or continuing education hours every two (2) years in a course of training
or instruction approved by the board as required by Rule
010.05-010(Q).
4.
Emergency Licensing and Temporary Licensing.
a. Whenever an emergency exists or there is a
strike or lock-out and the board determines that there are not enough licensed
elevator mechanics to perform the work necessary to provide for the safety of
life, limb, and property and to protect the public welfare, the board may waive
the examination requirements of these Rules and the provisions or Arkansas Code
§
20-24-108,
and issue an emergency elevator mechanic's license that may be valid for no
longer than thirty (30) days.
b.
Whenever the board determines that there are not enough licensed elevator
mechanics available to perform work necessary for the completion of a project
for which an installation permit has been issued pursuant to Rule 010.05-011 or
010.05-012 and Arkansas Code §
20-24-115(d),
the board may waive the requirements of these Rules and the provisions of
Arkansas Code §
20-24-108,
and issue a temporary elevator mechanics license that may be valid for no
longer than thirty (30) days.
c.
The board may renew an emergency or temporary license if the circumstances
justifying its original issuance continue.
d. The fee for an emergency or temporary
license shall be seventy-five dollars ($75.00) annually for a license valid in
only thirty (30) day increments.
N.
License Renewal and Reinstatement,
Generally1. A license for an elevator
mechanic or an elevator inspector may be renewed within six (6) months after
the date of expiration by paying the renewal fee as follows, provided the
licensee is otherwise qualified for renewal:
a. Elevator Inspector License:
$120.00
b. Elevator Mechanic
License: $95.00 for one year or $170.00 for two years.
2. A license will not be issued or renewed if
there is an unpaid fine or fee due the agency. Further, failure to pay any fine
or fee may result in license suspension or revocation.
3. Reinstatement
a. Notwithstanding any rule to the contrary,
an individual may seek reinstatement under this subsection, Rule
010.05-010(N)(3), provided the applicant for reinstatement demonstrates that he
or she:
i was previously licensed by the
board at any time;
ii. was licensed
in good standing at the time of licensing;
iii did not have his or her license revoked
for: an act of bad faith or a violation of law, rule or ethics.
iv. is not holding a suspended or
probationary license in a sister state; and
v. passes a licensing examination if the
applicant's license has been expired for more than six (6) months.
b. Continuing education
requirements apply to a reinstated licensee in the same manner as other
licensees.
c. An applicant for
reinstatement shall not be required to comply with the requirements of Rule
010.05-010(N)(3) if the applicant meets the requirements for reciprocity
pursuant to Rule 010.05-010(O).
d.
The Elevator Safety Section shall review and decide on any application for
reinstatement in order to expedite the process. The decision of the section is
subject to review by the board upon written request by the applicant.
O.
Reciprocity1. The board may
license a person as an elevator inspector, elevator mechanic, or elevator
contractor without examination if he or she holds an equivalent license for a
state or city that has similar requirements to that provided for in these Rules
and Ark. Code Ann. §
20-24-108
and the person has not had a license revoked for an act of bad faith or a
violation of law, rules or ethics.
2. Provisional License:
a. The Board shall issue a temporary and
provisional license immediately upon receipt of an application, the required
fee, and the documentation required under section O of these rules.
b. The temporary and provisional license
shall be effective until the Board makes a decision on the application, unless
the Board determines that the applicant does not meet the requirements in
section O in which case the temporary and provisional license shall be
immediately revoked.
c. An
applicant may provide the rest of the documentation required above in order to
receive a license, or the applicant may only provide the information necessary
for the issuance of a temporary and provisional license.
P.
Verified Work
Experience1. Work experience required
for licensure shall be documented by notarized letters or affidavits from past
or present employers, official letters or certifications from other government
licensing authorities detailing the duration and character of the work, or
equivalent evidence that verifies work experience. The name, address, and
telephone number of anyone verifying work experience shall be provided on the
verification document.
2. For
purposes of determining experience qualification, the board shall not consider
the following:
a. any experience obtained in
violation of Arkansas Code §
20-24-108;
or
b. any experience obtained in
violation of any federal, state or local licensing or registration
requirements.
Q.
Continuing Education
1. Licensed inspectors and licensed elevator
mechanics must complete eight (8) contact hours or continuing education hours
every two calendar years. An applicant for renewal must submit proof of having
completed this requirement.
2. A
certificate of completion provided to the course participant is sufficient for
any course pre-approved by the Elevator Safety Board. If the course has not
been approved by the board, the licensee will not be given credit unless or
until the board has approved the course.
3. A course of training or education may be
approved by the board by the submission of an Application for Continuing
Education Approval; an overview of the course material; and a professional
resume of the trainer.
4. A list of
approved courses will be posted on the Elevator Safety Board's website or made
available upon request to the Elevator Safety Section.
R.
Uniformed service members, veterans,
and spouses1. As used in this
subsection,
a. "automatic licensure" means the
granting of occupational licensure without an individual's having met
occupational licensure requirements provided under the Arkansas Code or by
these Rules.
b. "uniformed service
veteran" means a former member of the United States Uniformed Services
discharged under circumstances other than dishonorable.
2. The Board shall grant automatic licensure
to an individual who is the holder in good standing of a license with a similar
scope of practice issued by another state, territory, or district of the U.S.
and is:
a. A uniformed service member
stationed in the State of Arkansas;
b. A uniformed service veteran who resides in
or establishes residency in the State of Arkansas; or
c. The spouse of:
i. A person under Rule R.2.a. or b.
ii. A uniformed service member who is
assigned a tour of duty that excludes the uniformed service member's spouse
from accompanying the uniformed service member and the spouse relocates to this
state; or
iii. A uniformed service
member who is killed or succumbs to his or her injuries or illness in the line
of duty if the spouse establishes residency in the state.
3. The Board shall grant such
automatic licensure upon receipt of all of the below:
a. Payment of the initial licensure
fee;
b. Evidence that the
individual holds a license with a similar scope of practice in another state;
and
c. Evidence that the applicant
is a qualified applicant under Rule R.2.a., b., or c.
4. The expiration date of a license for a
deployed uniform service member or spouse will be extended for one hundred and
eighty (180) days following the date of the uniformed service member's return
from deployment.
5. A full
exemption from continuing education requirements will be allowed for a deployed
uniform service member or spouse until one hundred and eighty (180) days
following the date of the uniformed service member's return from
deployment.
S.
Prohibitions and Requirements1.
No elevator inspector shall inspect an elevator, escalator, or dumbwaiter if
the inspector, or any member of his immediate family, has a financial interest
in the building in which the elevator, escalator, or dumbwaiter is located, or
in any business which occupies the building in which the elevator, escalator,
or dumbwaiter is located.
2. No
elevator inspector or any member of his immediate family shall have or maintain
a financial interest in any business which manufactures, installs, alters, or
services elevators, escalators, or dumbwaiters.
3. No elevator inspector shall recommend or
refer one of his clients or customers to a specific business, firm, or
corporation which manufactures, installs, repairs, alters, or services
elevators, escalators, or dumbwaiters.
4. Financial Disclosure. On or before the
last day of January of each year, all licensed elevator inspectors shall file
with the department a financial disclosure statement on forms provided by the
department and approved by the board. Such forms shall include, but not be
limited to, the following:
a. the name and
address of any corporation, firm, or enterprise in which the person has a
direct financial interest of a value in excess of one thousand dollars
($1,000.00). Policies of insurance issued to the inspector or his or her spouse
are not to be considered a financial interest;
b. a list of every office or directorship
held by himself or his spouse, in any corporation, firm, or enterprise subject
to jurisdiction of the board;
c. a
list showing the name and address of any person, corporation, firm, or
enterprise from which the person received compensation in excess of one
thousand five hundred dollars ($1,500) during the preceding year; and
d. a list showing the name and address of any
person, corporation, firm, or enterprise from which the persons received
compensation in excess of twelve thousand five hundred dollars ($12,500) during
the preceding year.
5.
An elevator contractor shall perform all scheduled maintenance and required
safety tests in a timely manner as notified by the Elevator Safety
Section.
6. No elevator contractor
shall employ helpers or apprentices not licensed as elevator mechanics to
erect, construct, alter, replace, repair, maintain, remove, or dismantle any
conveyance unless such helper or apprentice is working under the direct
supervision of a licensed elevator mechanic, except in a ratio of 1 helper or
apprentice to every one licensed elevator mechanic; or, in the event of a crew
of 5 or more workers, a ratio of 3 helpers or apprentices to every two licensed
elevator mechanics. Notwithstanding the provisions of this Rule, an industrial
employer utilizing its own employees for repair or alteration work on
industrial property owned or leased by the employer, may utilize a ratio of 4
helpers or apprentices to every one licensed elevator mechanic.
T.
Workforce Expansion Act
Fee Waiver1. The board shall waive the
initial licensing fee for any license if the applicant:
a. Is receiving assistance through the
Arkansas Medicaid Program; the Supplemental Nutrition Assistance Program; the
Special Supplemental Nutrition Program for Women, Infants, and Children; the
Temporary Assistance for Needy Families Program; or the Lifeline Assistance
Program;
b. Was approved for
unemployment within the last twelve (12) months; or
c. Has an income that does not exceed two
hundred percent (200%) of the federal poverty income guidelines.
U.
Earn and Learn
Act Apprenticeships1. The board shall
grant a license to an applicant who:
a.
Completes an apprenticeship as defined by Arkansas Code §
17-6-103 in an
occupation licensed by this board;
b. Passes an examination with a score
required for licensure, if deemed to be necessary by the board and required of
all applicants;
c. Pays the
appropriate licensing fee; and
d.
Completes all other requirements unrelated to training and
education.
2. Should the
board deny an application this section, the board shall provide the applicant
with a written denial detailing the reason for the denial including whether the
board determined the applicant's apprenticeship program does not correspond to
the level of license for which the applicant applied.
3. An apprenticeship for a profession or
occupation licensed by the Elevator Safety Board is not required to exceed the
number of hours required by the board for the profession or occupation, except
as otherwise required by federal law.
010.05-011
New Construction and
Installation
A.
Minimum
Standards1. All new elevators,
escalators, and dumbwaiters shall be constructed and installed in conformity
with the standards in The American Society of Mechanical Engineers Safety Code
for Elevators and Escalators, ASME A17.1 - 2007. These standards are hereby
adopted by reference and incorporated herein.
2. The minimum standards for the construction
and installation of vertical platform lifts, inclined wheelchair lifts,
inclined stairway chairlifts and residential elevators shall be ASME A18.1
2005, which is hereby adopted by reference and incorporated herein.
3. The minimum standards for the construction
and demolition industry shall be ANSI/ASSE A10.4 - 2007, Safety Requirements
for Personnel Hoists and Employee Elevators, which is hereby adopted by
reference and incorporated herein.
4. This Rule does not include any later
amendments or editions of the standards incorporated by reference.
5. Copies of these standards incorporated by
reference can be viewed in the offices of the Elevator Safety Section or can be
obtained by contacting the following:
American Society of Mechanical Engineers
Two Park Avenue
New York, NY 10016-5990 1-800-843 -2763.
www.asme.org
B.
Installation
Permit1. Prior to the installation or
construction of any elevator, escalator, or dumbwaiter or other conveyance, an
installation permit shall be obtained from the Elevator Safety Section. The
installation permit shall be posted at the job site in a conspicuous location
near the location of the conveyance prior to work beginning on the
installation.
2. Application for an
installation permit shall be made on a form furnished by the section and shall
be submitted by the installing contractor. The application shall require the
submission of detailed plans and specifications.
3. Upon receipt of an application for
installation, the required plans and specifications, and the required fee for
an installation permit, the section shall review the application for compliance
with the provisions of Arkansas Code §
20-24-101
et seq. and these rules. The section shall issue an
installation permit or shall notify the applicant in writing of the reasons the
installation permit is denied.
4.
Any applicant who has been denied an installation permit by the section may
appeal that denial to the Elevator Safety Board, provided a written request to
appeal is received by the department within thirty (30) days of the notice of
the denial.
C.
Inspection and Testing1. Prior
to the operation of any new conveyance or the issuance of the operating permit,
such installation shall be inspected and tested in conformity with these rules
by a licensed elevator inspector in the employ of the department or its
authorized representative.
2. An
inspection report shall be filed with the Elevator Safety Section by the
inspector making the inspection within thirty (30) days after completion of the
inspection. The inspection report shall be on a form furnished by the section
and approved by the board. It shall indicate whether the conveyance was
installed in accordance with the plans and specifications approved by the
section and meets the requirements of Arkansas Code §
20-24-101
et seq. and these rules.
D.
Initial Operating Permit
1. The owner or operator of a conveyance
shall obtain an initial operating permit within seven (7) days after the
required date for filing the inspection report required by Arkansas Code §
20-24-113(a)
and Rule 010.05-011(C)(2) herein.
2. No operating permit shall be issued until
all required fees have been paid.
3. If the inspection report required by
Arkansas Code §
20-24-113
and Rule 010.05-011(C)(2) herein indicates that there is a failure to comply
with the plans and specifications approved by the Elevator Safety Section, Ark.
Code Ann. §
20-24-101
et seq., or these rules, the operating permit shall be denied.
The section shall notify the owner or operator in writing of the reasons for
the denial of an operating permit.
4. Any owner or operator who has been denied
an operating permit by the section may appeal that denial to the Elevator
Safety Board, provided a written request to appeal is received by the
department within thirty (30) days of the notice of the denial.
E.
Fees
1. Installation permits.
a. The following fees shall be paid to the
Elevator Safety Section for installation permits:
|
Elevator |
$150.00 |
|
Escalator or moving |
200.00 |
|
Dumbwaiter |
100.00 |
|
Wheelchair lift |
100.00 |
|
Workmen's hoist |
200.00 |
2. A fee of one hundred dollars ($100) shall
be paid for installation permits for all other types of conveyances.
3. A final inspection fee and the fee for the
initial operating permit are included in the installation permit fee. If a
scheduled final inspection is canceled without due notice to the section or if
the elevator is not complete in the judgment of the inspector, an additional
fee of one hundred dollars ($100.00) shall be charged to the elevator
contractor for an additional final inspection.
4. The fee for the operating permit is
established by Rule 010.05-015(F).
010.05-012
Alterations
A.
Minimum Standards
All alterations and major repairs to conveyances shall be made
in conformity with the same standards as established by Rule
010.05-011(A).
B.
Alteration Permit
1. Prior to
the alteration or major repair of any conveyance, an alteration permit shall be
obtained from the Elevator Safety Section.
2. Application for an alteration permit shall
be made on a form furnished by the section and shall be submitted by the
installing contractor. The application shall require the submission of detailed
plans and specifications.
3. Upon
receipt of an application for alteration or major repair, the required plan and
specifications, and the required fee for an alteration permit, the section
shall review the application for compliance with the provisions of Arkansas
Code §
20-24-101
et seq. and these rules. The section shall issue an alteration
permit or shall notify the applicant in writing of the reasons the alteration
permit is denied.
4. Any applicant
who has been denied a permit for alteration or major repair by the section may
appeal that denial to the Elevator Safety Board provided written request to
appeal is received by the department within thirty (30) days of the notice of
the denial.
C.
Inspection and Testing1. Prior
to the operation of any conveyance which has undergone an alteration or major
repair and prior to the issuance of a new operating permit pursuant to Rule
010.05-012(D), such conveyance shall be inspected and required safety tests
witnessed by a licensed elevator inspector in the employ of the department or
its authorized representative.
2.
An inspection report shall be filed with the Elevator Safety Section by the
inspector making the inspection within thirty (30) days after completion of the
inspection. The inspection report shall be on a form furnished and approved by
the section. It shall indicate whether the conveyance was altered or repaired
in accordance with the plans and specifications approved by the section and
meets the requirements of Arkansas Code § 2024-101 et
seq. and these rules.
3.
The section shall mail a copy of the inspection report to the installing
contractor and the owner.
D.
Operating Permit
1. The owner or operator of a conveyance
which has undergone an alteration or major repair shall obtain a new operating
permit within seven (7) days after the required date for filing the inspection
required by Arkansas Code §
20-24-113(a)
and Rule 010.05-012(C) herein.
2.
No operating permit shall be issued until all the required fees have been
paid.
3. If the inspection report
required by Arkansas Code §
20-24-113
and Rule 010.05-012(C) herein indicates that there is a failure to comply with
the plans and specifications approved by the Elevator Safety Section, Arkansas
Code §
20-24-101
et seq., or these rules, the operating permit shall be denied.
The Elevator Safety Section shall notify the owner or operator in writing of
the reasons for the denial of an operating permit.
4. Any owner or operator who has been denied
an operating permit by the section may appeal that denial to the Elevator
Safety Board provided a written request to appeal is received by the department
within thirty (30) days of the notice of the denial.
E.
Fees
1. The fee for an alteration permit shall be
one hundred dollars ($100.00).
2. A
final inspection fee is included in the alteration permit fee. If a scheduled
final inspection is canceled without due notice to the department or if the
elevator is not complete in the judgment of the inspector, an additional fee
one hundred dollars ($100.00) shall be charged to the elevator contractor for
an additional final inspection.
3.
The fee for the operating permit is established by Rule 010.05-015(F)
herein.
010.05-013
Existing Elevators
A.
Minimum Standards
1. All conveyances shall be maintained by the
owner or lessee in a condition that conforms to the standards established by
the board which were in effect on the date of installation or the provisions of
ASME A17.3-2005, whichever are more stringent.
2. Notwithstanding the provisions of ASME
A17.3- 2005, the owner or operator of any elevator without Phase I and Phase II
fire service shall have a period of five (5) years from the effective date of
these rules or until alteration to install Phase I and Phase II fire service,
whichever occurs first.
3.
Notwithstanding the provisions of ASME A17.3- 2005, Part 4.3.3 applicable to
hydraulic elevators, the owner or operator of any hydraulic elevator with a
flat-bottom jack shall be required to replace or retrofit to comply with A17.3,
Part 4.3.3, within five (5) years from the effective date of these rules or
alteration, whichever occurs first.
4. This Rule does not include any later
amendments or editions of the standards incorporated by reference.
5. Copies of these standards incorporated by
reference can be viewed in the offices of the Elevator Safety Section or can be
obtained by contacting the following:
American Society of Mechanical Engineers
Two Park Avenue
New York, NY 10016-5990 1-800-843 -2763
www.asme.org
B.
Operation1. Any conveyance which
is out of operation or without an operating permit for twelve (12) months or
more shall have a safety test or leak down test and a pressure test performed
in the presence of a licensed elevator inspector in the employ of the
department or its authorized representative before a new operating permit can
be issued or before such can operate. Additionally, such conveyance shall
conform to the standards established by Rule 010.05-011 or have a variance
issued pursuant to Rule 010.05-016 before an operating permit can be issued or
before it can operate.
010.05-014
Periodic Inspections and
Testing
A.
Minimum
Standards1. All inspections and
testing required by Arkansas Code §
20-24-101
et seq. or these rules shall be made in accordance with the
standards established by these rules and the American Society of Mechanical
Engineers Guide for Inspection of Elevators, Escalators and Moving Walks, ASME
A17.2 -2001, which is hereby adopted and incorporated herein.
2. This Rule does not include any later
amendments or editions of the standards incorporated by reference.
3. Copies of these standards incorporated by
reference can be viewed in the offices of the Elevator Safety Section or can be
obtained by contacting the following:
American Society of Mechanical Engineers
Two Park Avenue
New York, NY 10016-5990 1-800-843 -2763
www.asme.org
B.
Periodic
Inspections1.
a.
The owner or lessee of every power passenger elevator and
escalator shall have it inspected periodically every twelfth
(12th) calendar month following the month in which
the initial inspection was made.
b. The owner or lessee of every power freight
elevator and of every dumbwaiter and elevator driven by manual power shall have
it inspected periodically every twelfth (12th) calendar month following the
month in which the initial inspection was made.
2. Any inspection required by Arkansas Code
§
20-24-112(a)(3)
or this Rule 010.05-014(B)(1):
a. may be made
during the month following the calendar month during which such inspection is
due; and
b. shall be made only by
elevator inspectors licensed in accordance with the provisions of Arkansas Code
§
20-24-108
and
20-24-109
and Rule 010.05-010.
3.
In addition to required inspections, the Elevator Safety Section or its
authorized representative may designate a licensed inspector in its employ to
make such additional inspections as may be required to enforce the provisions
of this chapter and these rules.
C. Tests
1.
All tests shall be made in accordance with the applicable ASME Code as adopted
herein.
2. Elevator inspectors
shall not be required to perform any tests.
3. Tests required by these rules shall be
made by a licensed elevator mechanic in the presence of a licensed elevator
inspector in the employ of the department or its authorized
representative.
D.
Inspection Reports
1. A report
of every required inspection shall be filed with the Elevator Safety Section or
its authorized representative by the inspector making the inspection, on a form
approved by the department or its authorized representative, within thirty (30)
days after the inspection or test has been completed.
2. In the event the inspection report
required by this Rule 010.05-014(D)(1) and Arkansas Code §
20-24-113 is
not filed within thirty (30) days after the final date when the conveyance
should have been inspected, the section shall designate a licensed inspector in
its employ to make the inspection and report required.
E.
Fees
1. For each inspection and report made at the
direction of the department, the owner, lessee, or insurance company
responsible for the report of inspection shall pay to the section a fee of
three hundred fifty dollars ($350.00). The fee shall be paid directly to the
section and shall be the only fee or charges for which such owner, lessee, or
insurance company shall be liable for the inspection required by Arkansas Code
§
20-24-112(a).
010.05-015
Operating Permit
A.
Permit
Required
1. No conveyance shall
operate unless the owner or lessee has obtained an operating permit from the
Elevator Safety Section. Operation of a conveyance without a valid operating
permit shall be grounds for:
a. an immediate
order, or red-tag to discontinue use, and
b. a fine pursuant to Arkansas Code §
20-24-103
and Rule 010.05-017.
2.
An operating permit shall be issued for a period of one (1) year and the
expiration date shall appear on its face.
B.
Display
The permit shall be posted conspicuously in the car of the
elevator or lift and on or near the dumbwaiter or escalator.
C.
Permit Information
1. The operating permit shall reflect on its
face the following:
a. the state number, or AS
number, assigned by the section to that conveyance;
b. the type of equipment for which it is
issued;
c. in the case of
elevators, whether passenger or freight;
d. the owner or lessee to whom the permit is
issued;
e. the location of the
conveyance;
f. the contract load
and rated speed; and
g. the
expiration date.
2. In
addition to other requirements, the operating permit for vertical wheelchair
lifts, inclined wheelchair lifts, and inclined stairway chairlifts shall state
the following:
LIMITED USE ONLY - NOT FOR GENERAL PUBLIC USE
D.
Denial of an Operating
Permit1. No operating permit shall be
issued if the fees required by Arkansas Code §
20-24-116 and
Rule 010.05-015(F) herein have not been paid.
2. The section may deny an operating permit
for cause, which shall include the failure to comply with the provisions of
Arkansas Code §
20-24-101
et seq.; these rules; or the detailed plans and specifications
approved by the section at the time of installation. In determining whether
there exists cause to deny an operating permit, the section may rely on an
inspection report filed by a licensed elevator inspector.
3. The section shall notify the owner or
lessee in writing of the reasons the operating permit is denied; the changes
necessary for compliance; and their right to appeal to the Elevator Safety
Board.
4. Any owner or lessee who
has been denied an operating permit by the section may appeal that denial to
the Elevator Safety Board provided a written request to appeal is received by
the section within thirty (30) days of the notice of the denial.
5. The Elevator Safety Board may require, as
a condition of maintaining his or her license, the presence of any elevator
inspector upon whose report the denial of an operating permit was based at any
hearing on such denial.
E.
Revocation of an Operating
Permit1. The section may immediately
revoke an operating permit if it determines there is a failure to comply with
the provisions of Arkansas Code §
20-24-101
et seq.; these rules; or the detailed plans and specifications
approved by the section at the time of installation and such elevator,
escalator or dumbwaiter is in an unsafe condition, so that its continued
operation may be dangerous to the public safety. In making such a determination
the section may rely on an inspection report filed by a licensed elevator
inspector.
2. In order to
immediately revoke an operating permit, the section shall place a red tag or
warning notice on or in the conveyance notifying the owner or lessee and the
public that its use has been ordered to be discontinued. Such warning shall
read as follows:
WARNING ORDER
The Elevator Safety Section of the Arkansas Department of Labor
and Licensing has determined that this elevator or conveyance is in an unsafe
condition, so that its continued operation would be dangerous. The Department
of Labor and Licensing has ordered that the use of this elevator or conveyance
be discontinued until it has been made safe in conformity with Arkansas Law and
the rules of the Arkansas Elevator Safety Board.
Continued operation of this elevator or conveyance or removal
of this notice may result in criminal and/or civil penalties.
This action is taken pursuant to the authority granted by
Arkansas Code §§
11-2-117(c)
and
20-24-116.
The specific conditions the Department of Labor and Licensing
has found which render this elevator unsafe are as follows:
This tag shall only be removed by authority of the Chief
Elevator Inspector.
Chief Elevator
Inspector
State of Arkansas
By:
Dated:
Arkansas Department of Labor and Licensing
900 West Capitol, Suite 400
Little Rock, Arkansas 72201
3. The Elevator Safety Section shall provide
immediate written notice to the owner or lessee or agent of either present at
the location of the conveyance, which notice shall include the following:
a. copy of the red tag or warning;
b. reason for revocation of the operating
permit;
c. the changes necessary
for compliance; and
d. the date,
time, and place of a hearing on the revocation before a hearing officer
designated to hear such matters.
4. In the event the owner or lessee or agent
of either is not present at the location of the conveyance, the section shall
mail the notice required by this Rule 010.05-015(3) to the owner or lessee
within twenty-four (24) hours to the address on file with the
section.
5. The department shall
hold a hearing on the immediate revocation of an operating permit within five
(5) days of placing the red tag or warning on the conveyance. The department
may extend the time for holding such a hearing upon the request, in advance, of
the owner or lessee. The decision of the hearing officer shall constitute the
final action of the department.
6.
Any owner or lessee may appeal the department's final action on the immediate
revocation of an operating permit to the Elevator Safety Board, provided a
written request to appeal is received by the department within thirty (30) days
of the department's final action.
7.
a. If
immediate action is not required, the section may request the Elevator Safety
Board to revoke an operating permit if the department determines there is a
failure to comply with the provisions of Arkansas Code §
20-24-101
et seq.; these rules; or the detailed plans and specifications
approved by the section at the time of installation. In determining whether
there exists cause to seek revocation of an operating permit, the section may
rely on an inspection report filed by a licensed elevator inspector.
b. The section shall notify the owner or
lessee in writing that it has requested the revocation of the owner or lessee's
operating permit; the reasons the section is seeking the revocation; the
changes the section contends are necessary for compliance; and the date, time
and place of a hearing before the Elevator Safety Board.
c. If, after hearing, the board determines
that there has been a failure to comply as alleged by the section, the board
shall revoke the operating permit of the owner or lessee.
F.
Fees
1. The annual fee to be charged for an
operating permit is established by Arkansas Code §
20-24-116,
which provides:
a. Dumbwaiters..........$30.00
annual
b. Elevators and wheelchair
lifts..$50.00 annual
c. Escalators
and moving walks.....$85.00 annual
2. A twenty percent (20%) penalty may be
assessed when the fee is past due by thirty (30) days.
3.
a. The
fee for a temporary operating permit on a new installation shall be one hundred
dollars ($100.00) and shall be good for a period of thirty (30) days. It may be
renewed for additional period of thirty (30) days for a fee of fifty dollars
($50.00). Retesting is required to renew after an initial sixty (60) days.
b. The fee for a temporary
operating permit for a workman's hoist shall be fifty dollars ($50.00) and
shall be good for a period of ninety (90) days.
G.
Requirement to Keep Current
Addresses on File
All owners or operators holding an operating permit issued by
the agency are required to provide the Elevator Safety Section with information
so that the section can remain in contact and provide notice of complaints
and/or hearings. The permit holder is required to provide written notice to the
section of any change in business and/or residence address within ten (1 0)
working days of the change. Service of notices of hearing sent by mail will be
addressed to latest address on file with the section.
H.
Requirement to Report
Accidents1. Any mechanical, structural
or electrical defects directly affecting rider safety for which a conveyance is
closed for use for a period of time more than eight (8) hours, must be reported
in writing by the owner or operator to the Elevator Safety Section within
twenty-four (24) hours.
2. The
owner or operator shall immediately cease to operate any conveyance involved in
a fatality or serious physical injury, except to the extent necessary to
protect life, limb and property. Such accident shall be reported in writing by
the owner or operator within twenty-four (24) hours to the section. For the
purposes of this requirement, the term "serious physical injury" shall mean any
significant injury that requires immediate medical examination or treatment by
a licensed physician.
3. Unless
authorized in writing by the section, no conveyance may be operated, altered,
repaired, or tampered with, except to protect life, limb and property,
following an accident involving a serious injury or death until the section has
completed an investigation concerning the accident.
010.05-016
Variances
A.
Generally
Arkansas Code §
20-24-106(d)
authorizes the board in any particular case to grant exceptions and variances
which shall only be granted where it is clearly evident that they are necessary
in order to prevent undue hardship or where the existing conditions prevent
compliance with the literal requirements of the rules. In no case shall any
exception or variation be granted unless, in the opinion of the board,
reasonable safety will be secured thereby.
B.
Application and Approval
1. An application for a variance shall be
complete and shall be submitted by the owner or a licensed elevator contractor
on behalf of the owner to the Elevator Safety Section on a form approved by the
section. The application shall be accompanied by the following:
a. detailed plans and specifications as
required by Rule 010.05-011 or 10.5.12 herein;
b. a fee of one hundred dollars ($100.00);
and
c. citation to the specific
standard(s) from which a variance is sought.
2. Failure to submit the items required by
Rules 010.05- 016 (B)(1) above shall result in summary dismissal of the
variance request or application.
3.
The section shall review the application for variance and its attachments. The
section may conduct an on-site inspection. The section shall prepare a staff
report and recommendation which shall include a copy of any inspection report
and copies or citations to any applicable ASME Code standards.
4. The section shall notify the applicant for
the variance of the date, time, and place of the hearing before the board on
the application for a variance. Such notice shall include a copy of the staff
report and recommendation.
5. After
hearing, the board shall grant or deny the variance. The board may grant a
variance conditioned upon the provision of alternate means of providing for
public safety or may grant a variance for a limited time only.
6. If the board grants a variance, an order
shall be issued by the board. Such an order shall reflect the following:
a. the name of the petitioner;
b. the state number, or AS number, assigned
by the department if it is an existing conveyance;
c. the type of equipment for which it is
issued;
d. the owner or lessee on
whose behalf the variance is sought;
e. the location of the elevator, escalator,
or dumbwaiter or other conveyance; and
f. any conditions imposed by the
board.
C. The
owner or lessee shall maintain the variance order at the location of the
conveyance and make it accessible to any licensed elevator inspector.
D.
Specific Petitions
1. The board will not grant a variance to
permit the operation of an elevator for use by individuals with physical
disabilities or any other use except in compliance with the provisions of Part
V, Limited-Use/Limited-Application Elevators, ASME A17.1-2004 and 2005
Supplement and 2005 Addenda or A18.1 2005.
2. The board will not grant a variance to
permit the operation of a residential elevator in a non-residential
application.
3. The board
recognizes that installation of a conveyance is expensive.
Therefore, cost-savings alone is not evidence of an undue
hardship.
010.05-017
Civil Fines and Other
Enforcement
A.
Civil fines,
Generally.1. Arkansas Code §
20-24-103
provides that any person, owner, lessee, partnership, association, corporation
or inspector who violates any provision of Arkansas Code §
20-24-101
through
20-24-120
shall be subject to a civil fine of not less than five hundred dollars ($500)
and not more than one thousand dollars ($1000) for each offense.
2. Each day during which a violation
continues shall be a separate offense.
B.
Assessment of Fines
1. The Elevator Safety Section will notify
the person, owner, lessee, partnership, association, corporation, inspector,
licensee, or permittee of any assessment of a civil fine or penalty. Notice
shall be provided in the same manner as a notice of hearing provided for in
Arkansas Code §
25-15-208
and Rule 010.05-009 herein.
2. The
notice of a fine or penalty assessment shall include the following information:
a. the nature of the violation(s);
b. the date(s) of the violation(s);
c. the amount of the civil penalty or
fine;
d. a statement that the civil
fine or penalty will be final unless it is appealed to the Elevator Safety
Board by making a written request to the board for a hearing within thirty (30)
days of the notice of assessment. Any hearing before the board will be
conducted in accordance with Arkansas Code §§
25-15-208
and -213 and Rule 010.05-009 herein.
3. In determining the amount of the fine or
penalty, the section or the board may consider those factors listed in Rule
010.05-009(R) herein.
4. The
section has the burden of proving the alleged facts and violations of law
stated in the notice.
5. No fine
shall be assessed later than two (2) years from the date of the occurrence of
the violation, unless such violation is continuing in nature.
C.
Payment of Fine
1. If a fine or penalty has not been paid
with sixty (60) days of the final administrative determination, the Director of
the Division of Labor may file a civil action in a court of competent
jurisdiction to recover the fine or penalty.
2. No license or permit may be renewed by any
licensee or permittee with an unpaid fine or penalty. Further, failure to pay a
fine or penalty shall be cause for revocation of any license or
permit.
D.
Injunction
In addition to other enforcement action, the Director is
authorized to petition a court of competent jurisdiction to enjoin or restrain
violations of Arkansas Code §
20-24-101
et seq.
010.05-018
Accessibility to the
Disabled
A.
1. In addition to the standards imposed by
Rules 010.05- 011; 010.05-012; and 10.5.13 herein, the board hereby adopts and
incorporates herein the American National Standards Institute Standard for
Buildings and Facilities - Providing Accessibility and Usability for Physically
Handicapped People, ANSI A117.1, 2003.
2. This Rule does not include any later
amendments or editions of the standards incorporated by reference.
3. Copies of these standards incorporated by
reference can be viewed in the offices of the division or can be obtained by
contacting the following:
American National Standards Institute
25 West 43rd Street
New York, NY 10036
(212) 641-4980
www.ansi.org
B. Braille tags. In all
publicly owned buildings containing passenger elevators, braille tags shall be
affixed on or immediately adjacent to all elevator pushbuttons, levers, or
switches in order that blind persons may operate the elevators properly without
assistance from sighted persons. "Publicly owned buildings" includes those
buildings which are owned or operated by a municipal, county, or state
government. This requirement does not apply to elevator pushbuttons located
outside the elevator car and used to call the elevator for travel "up" or
"down".
010.05-019
Other Appeals
As provided in Arkansas Code §
20-24-119:
(a) Any person aggrieved by an order or act
of the Department of Labor and Licensing or its authorized representative under
this chapter may, within fifteen (15) days after notice thereof, appeal from
the order or act to the board which shall, within thirty (30) days thereafter,
hold a hearing of which at least fifteen (15) days written notice shall be
given to all interested parties.
(b) The Elevator Safety Board shall, within
thirty (30) days after the hearing, issue an appropriate order modifying,
approving, or disapproving the order or act.
(c) A copy of the order by the board shall be
served upon all interested parties.
(d) Within thirty (30) days after any order
or act of the board, any person aggrieved thereby may file a petition in the
chancery court of the county in which the aggrieved person re- sides, for a
review thereof.
(e) The court shall
summarily hear the petition and may make appropriate order or decree.
010.05 -020
Repealer,
Effective Date and History
A. All
previous rules of the Elevator Safety Board are hereby repealed.
B. The effective date of these rules is the
1st day of September 1, 2006.
C.
History.1. The Elevator Safety
Board first promulgated rules effective August 27, 1963.
These rules were amended effective May 8, 1964; May 4, 1965;
July 1, 1968; April 1, 1969; May 19, 1969; September 19, 1969; and July 1,
1975.
2. All previous rules
of the Elevator Safety Board were repealed and new rules were adopted effective
February 1, 1994.
3. All previous
rules of the Elevator Safety Board were repealed and new rules were adopted
effective September 1, 2006.
4.
Effective June 1, 2008, Rule 010.05 -011 was amended to adopt ASME A17.1 - 2007
and ANSI/ASSE A10.4 - 2007.
5.
Effective March 1, 2017, the following rules of the board were amended: Rule
010.05 -002 (Information for public guidance); Rule 010.05 -006 (Rule-making);
Rule 010.05 007 (Emergency rule-making); Rule 010.05 -010 (Licensing); and Rule
010.05 -020 (Repealer, Effective Date and History).
6. The rules of the board were amended
effective March 1, 2021.
