Code of Massachusetts Regulations
524 CMR - BOARD OF ELEVATOR REGULATIONS
Title 524 CMR 4.00 - Accident and injury reporting requirements
Section 4.06 - Shutdown Period and Appeal
Current through Register 1531, September 27, 2024
(1) Any elevator shut down pursuant to 524 CMR 4.05 shall remain shut down until express written authorization is given to the owner to resume operation from the Department. In determining how long an elevator shall remain shut down or whether to revoke a certificate of inspection, the Department shall consider the seriousness of the violation, the deleterious effect of the violation on the public, any good faith on the part of the owner, and the owner's history of previous violations.
(2) An owner may appeal a decision made pursuant to 524 CMR 4.05 to shut down an elevator or revoke an elevator's inspection certificate to the Board of Elevator Regulations. Such appeal must be made in writing and received by the Board within 30 days of the date of the Department's decision. The Board shall consider the factors outlined in 524 CMR 4.06(1) in reviewing the Department's decision. Appeals from the Board's decision shall be to Superior Court in accordance with M.G.L. c. 30A.