Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule is to require a state operating
permit for all elevators.
(1)
State Operating Certificate Requirements.
(A)
A state operating certificate shall be issued by the department directly to the
owner, operator, lessee or agent of either, of the elevator equipment when the
inspection report indicates compliance with the applicable provisions of
sections 701.350-701.380, RSMo these rules and regulations and the state
operating certificate fees have been paid. Following receipt of the inspection
report, the department shall issue a notice that state operation certificate
fees are due. The owner, operator, lessee or agent of either will then have
thirty (30) days to respond to the department. The department may allow for an
extension of fees as deemed necessary by the chief elevator inspector upon a
proper written request received prior to the expiration of the thirty (30)
days. No elevator equipment shall be operated after one hundred twenty (120)
days, after an inspection report or after an extension granted by the chief
elevator inspector has expired, unless the owner, operator, lessee or agent of
either has obtained a state operating certificate issued by the department or
unless the owner, operator, lessee or agent of either has complied with all
provisions of these rules and regulations, but has not yet received the
certificate. The burden of proof to establish compliance with all provisions of
these rules and regulations shall be on the owner, operator, lessee or agent of
either.
(B) A state operating
certificate shall be issued for a period of one (1) year and the expiration
date shall appear on its face.
(2) Display of State Operating Certificate.
The owner, operator, lessee or agent of either shall post the operating
certificate in the elevator equipment room, in a noncombustible frame with a
clear protective vision plate over it. For installations without an elevator
room the state operating certificate shall be posted as directed by the chief
elevator inspector.
(3) State
Operating Certificate Information.
(A) The
state operating certificate shall indicate the following information:
1. The state number, issued by the department
to that installation;
2. The type
of elevator equipment for which it is issued;
3. In the case of elevators, whether
passenger or freight;
4. The owner,
operator, lessee or agent of either to whom the certificate is
issued;
5. The location of the
elevator equipment;
6. The contract
load and rated speed;
7. The
expiration date;
8. The name of the
permitting authority and the licensed inspectors name; and
9. The date of the periodic inspection and
test.
(B) In addition to
other requirements, state operating certificates for vertical wheelchair lifts,
inclined wheelchair lifts and inclined stairway chair lifts shall state the
following:
LIMITED USE ONLY NOT FOR GENERAL PUBLIC USE
(4) Denial of State Operating Certificate.
(A) State operating certificate will be
referred to as certificates.
(B)
The certificate may not be issued if the fees required by
11 CSR
40-5.110 have not been paid.
(C) The department may deny any certificate
for cause, which shall include the failure to comply with the provisions of
sections 701.350-701.380, RSMo, these rules and regulations or the detailed
plans and specifications approved by the department at time of installation. In
determining whether there exists cause to deny any certificate, the department
may rely on an inspection report filed by a licensed inspector.
(D) The department shall notify the owner,
operator, lessee or agent of either, in writing of the reasons for which the
certificate is denied; the changes necessary for compliance; and information
regarding their right to appeal.
(E) Any owner, operator, lessee or agent of
either who has been denied a certificate by the department may appeal that
denial to the department, provided a written request to appeal is received by
the department with twenty-one (21) days from the issuance of the notice of the
denial to the owner, operator, lessee or agent of either.
(F) As a condition of maintaining his/her
license, the department may require the presence of the licensed inspector,
upon whose report the denial of the certificate was based, at any hearing on
such denial.
(5)
Revocation of State Operating Certificate.
(A)
State operating certificate will be referred to as certificates.
(B) A certificate may be revoked if the fees
required by
11 CSR
40-5.110 have not been paid.
(C) The department may immediately revoke any
certificate if it determines there is a failure to comply with the provisions
of sections 701.350-701.380, RSMo, these rules and regulations, or the detailed
plans and specifications approved by the department at the time of installation
and such elevator equipment is in an unsafe condition, where its continued
operation may be dangerous to the public safety. In making such a determination
the department may rely on an inspection report filed by a licensed
inspector.
(D) Immediate
Revocation.
1. In order to immediately revoke
a certificate, the licensed inspector shall place a tag or warning notice on or
in the elevator equipment notifying the owner, operator, lessee or agent of
either and the public that its use has been ordered to be discontinued. Such
warning shall read as follows:
WARNING ORDER
The Missouri Department of Elevator Safety has determined
that this equipment is in an unsafe condition, so that its continued operation
would be dangerous. The Missouri Department of Elevator Safety has ordered that
the use of this equipment be discontinued until it has been made safe in
conformity with the provisions of sections 701.350-701.380, RSMo and the rules
and regulations of the Missouri Elevator Safety Board.
Continued operation of this equipment or removal of this
notice may result in criminal and/or civil penalties.
This action is taken pursuant to the authority granted by
sections 701.350-701.380, RSMo.
The specific conditions found by the Missouri Department of
Elevator Safety, which has rendered this equipment unsafe, are as
follows:
_______________
_______________
_______________
_______________
_______________
_______________
This tag shall only be removed by authority of the Chief
Elevator Inspector.
Department of Public Safety Division of Elevator Safety
P. O. Box 844
Jefferson City, Missouri 65102
By:_
Date:_
2.
The licensed inspector shall provide immediate written notice to the owner,
operator, lessee or agent of either present at the location of the elevator
equipment and to the department. This notice shall include the following:
A. A copy of any applicable inspection
report;
B. A copy of the warning
notice;
C. The reason for
revocation of the certificate;
D.
The changes necessary for compliance; and
E. Information on how to appeal a revocation
order.
(E) Any
person aggrieved by a revocation order may appeal by the rules and regulations
established under
11 CSR 40-5.140 as listed
herein.
(F) In the event the owner,
operator, lessee or agent of either is not present at the location of the
elevator equipment, the licensed inspector shall mail the notice required by
11
CSR 40-5.100, subsection (5)(D) as listed herein, to
the owner, operator, lessee or agent of either within twenty-four (24)
hours.
(6) Local
Operating Certificate. Procedures for local operating certificates shall be
defined by the authorized representative.
*Original authority: 701.355, RSMo
1994.
