Current through September 18, 2024
Authority: IC 22-13-2-13
Affected: IC 22-13; IC 22-14; IC 22-15-5-3
Sec. 1.5.
(a) All
signatories to an application shall be determined as follows:
(1) For a corporation, the signatory shall be
a responsible corporate officer. For the purpose of this section, a responsible
corporate officer means a president, secretary, treasurer, or vice president of
the corporation in charge of a principal business function, or any other person
who performs similar policymaking or decision-making functions for the
corporation.
(2) For a partnership
or sole proprietorship, the signatory shall be a general partner or the
proprietor, respectively.
(3) For a
municipality, state, or other public agency, the signatory shall be a principal
executive officer or ranking elected official.
(b) Alternatively, a duly authorized
representative of a signatory listed under subsection (a) may be the signatory
on the application. A person is a duly authorized representative only if:
(1) the authorization is made in writing by
an individual described in subsection (a);
(2) the authorization specifies either an
individual or a position having responsibility for the regulated lifting device
such as the position of plant manager, superintendent, position of equivalent
responsibility, or an individual or position having overall responsibility for
building and fire safety matters for the company; and
(3) the written authorization is submitted to
the office, if requested.
(c) The elevator contractor that is
responsible for the installation or alteration of the regulated lifting device
shall make the following affirmation on an application for an installation or
alteration permit: "I affirm, under penalty of perjury, the following:
(1) This document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate, and complete.
(2) The
regulated lifting device will be installed or altered in accordance with all
applicable statutes and rules adopted by the commission and will not be changed
from the design specified in the plans and specifications submitted with the
application and released by the office.
(3) All individuals installing or altering
the regulated lifting device:
(A) have
sufficient background, knowledge, skills, and training to install or alter,
inspect, and maintain the regulated lifting device;
(B) have the training and expertise necessary
to recognize and report any condition that could result in the unsafe operation
of the regulated lifting device;
(C) are provided with sufficient ongoing
training to reasonably ensure that the individuals are proficient in the
standards affecting regulated lifting devices that have been adopted by the
commission; and
(D) possess the
requisite authority and are required to immediately suspend the operation of
the regulated lifting device upon discovering a condition that could result in
the unsafe operation of the regulated lifting device, and to report the
discovery of such a condition to the office.".
(d) The designated signatories shall make the
following affirmation on an application for an initial or renewal operating
certificate:
(1) The owner of the building in
which the regulated lifting device is located shall make an affirmation that
reads, "I affirm, under penalty of perjury, the following:
(A) This document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate, and complete.
(B) The
regulated lifting device will be maintained and repaired in accordance with all
applicable statutes and rules adopted by the commission.
(C) If an elevator contractor performed the
safety tests of the regulated lifting device, this contractor was chosen under
my direction and to the best of my knowledge and belief, after exercising due
diligence, has the expertise necessary to install or alter the regulated
lifting device in accordance with the rules adopted by the
commission.
(D) I hereby grant the
authority to and require all individuals employed by either the elevator
contractor or the owner to immediately suspend the operation of the regulated
lifting device upon discovering a condition that could result in the unsafe
operation of the regulated lifting device, and to report the discovery of such
a condition to the office.".
(2) If an elevator contractor performed the
safety tests of the regulated lifting device, this contractor shall make an
affirmation that reads, "I affirm, under penalty of perjury, the following:
(A) This document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate, and complete.
(B) The
regulated lifting device is in compliance with all applicable equipment and
building laws.
(C) All individuals
responsible for performing these safety tests of the regulated lifting device:
(i) have sufficient background, knowledge,
skills, and training to perform these tests on the regulated lifting
device;
(ii) have the training and
expertise necessary to recognize and report any condition that could result in
the unsafe operation of the regulated lifting device;
(iii) are provided with sufficient ongoing
training to reasonably ensure that the individuals are proficient in the
standards affecting regulated lifting devices that have been adopted by the
commission; and
(iv) possess the
requisite authority and are required to immediately suspend the operation of
the regulated lifting device upon discovering a condition that could result in
the unsafe operation of the regulated lifting device, and to report the
discovery of such a condition to the office.".