Code of Massachusetts Regulations
524 CMR - BOARD OF ELEVATOR REGULATIONS
Title 524 CMR 1.00 - Scope and Administration
Section 1.13 - Enforcement

Universal Citation: 524 MA Code of Regs 524.1

Current through Register 1531, September 27, 2024

(1) Violations. It shall be unlawful for any person to operate, construct, install, repair, relocate, alter, replace, demolish, decommission, or reclassify any elevator or part thereof, or cause same to be done, in conflict with or in violation of any of the provisions of 524 CMR.

(2) Notice of Violation. The state elevator inspector is authorized to serve a notice of violation or order on the person responsible for the construction, installation, relocation, alteration, replacement, demolition, decommissioning or reclassification to any elevator regulated by 524 CMR. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation and further note the availability of an appeal.

(3) Penalties. Any person who violates a provision of 524 CMR or a directive of the Office shall be subject to penalties as prescribed by the applicable provisions of M.G.L. c. 143, §§ 62 through 71G, M.G.L. c. 22, § 22, 520 CMR 1.00: Enforcement of Civil Fines and 16.00: Enforcement of Civil Fines for Expired Elevator Certificates and 524 CMR.

(4) Notice of Dangerous Conditions (Placarding) Pursuant to M.G.L. c. 143, § 65.

(a) Issuance. The placard shall be in writing and shall cite the 524 CMR violations observed and shall be issued to the owner, the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order.

(b) Unlawful Continuance. Any person who continues any work subject to a stop work order after except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by 524 CMR, 520 CMR 1.00: Enforcement of Civil Fines and 16.00: Enforcement of Civil Fines for Expired Elevator Certificates, and applicable portions of M.G.L. c. 143, §§62 through 71G and other laws.

(5) Unsafe or Noncompliant Conditions. If upon inspection any elevator is found in an unsafe condition, or not in accordance with the provisions of 524 CMR in effect at the time of its installation, the state elevator inspector shall serve a written notice upon the building owner or lessee, or his or her designee, citing the section of 524 CMR or other referenced standard of which said equipment is in violation, stating the action required to bring the equipment into compliance, and the date when recommended repairs or changes shall be completed. After the service of such notice, it shall be the duty of the owner to proceed within the time allowed to make such repairs as are necessary to place the equipment in a safe and compliant condition. It shall be unlawful to operate such equipment after the date stated in the notice unless such recommended repairs or changes have been made and the equipment has been approved, or unless an extension of time has been secured from the state elevator inspector in writing. The state elevator inspector may withhold issuance of the inspection certificate until such time as the equipment is brought into compliance with all outstanding orders.

(6) Power to Seal Equipment. The state elevator inspector shall have the power to seal out of service any elevator for noncompliance with 524 CMR, or any other law or regulation requiring compliance with 524 CMR, including but not limited to 520 CMR 16.00: Enforcement of Civil Fines for Expired Elevator Certificates, or when the elevator is unsafe.

(a) Notice of Sealing Out of Service. Before sealing any device out of service, the state elevator inspector, except in the case of emergency, shall serve written notice upon the building owner or lessee stating intention to seal the equipment out of service and the reasons therefor.

(b) Unlawful to Remove Seal. Any device sealed out of service by the state elevator inspector shall be plainly marked with a sign or tag indicating the reason for such sealing. Any tampering with, concealing, defacing, or removal of the seal without approval of the state elevator inspector is not allowed.

(7) Matters Not Provided For. If upon inspection by a state elevator inspector any elevator is determined to be in an unsafe or a typical state due to a condition not specifically provided for in 524 CMR the inspector may take whatever action is deemed necessary in the interest of public safety. If any action is taken pursuant to 524 CMR 1.13(2), the inspector shall provide written notice to the owner or lessee, or their designee, clearly describing the condition to be corrected and shall immediately notify the Board in writing.

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