Chapter 1301:3-6 Elevator Inspection

1301:3-6-01 Definitions.

(A) "ASME" shall mean the American society of mechanical engineers. Reference material from this organization can be located at www.asme.org or by calling 1-800-THE-ASME.

(B) "Division" or "Division of Industrial Compliance" or "Industrial Compliance" shall mean the division of industrial compliance in the Ohio department of commerce.

(C) "Elevator" is defined in division (A) of section 4105.01 of the Revised Code as a hoisting and lowering apparatus equipped with a car, cage, or platform which moves on or between permanent rails or guides and serves two or more fixed landings in a building or structure to which section 3781.06 of the Revised Code applies. "Elevator" includes dumb-waiters other than hand-powered dumb-waiters, escalators, manlifts, moving walks, of the endless belt type, other lifting or lowering apparatus permanently installed on or between rails or guides, and all equipment, machinery, and construction related to any elevator; but does not include construction hoists and other similar temporary lifting or lowering apparatuses, ski lifts, traveling, portable amusement rides or devices that are not affixed to a permanent foundation, or nonportable amusement rides or devices that are affixed to a permanent foundation.

(D) "Elevator section" shall mean the elevator section within the division of industrial compliance in the Ohio department of commerce.

Effective: 10/13/2005
R.C. 119.032 review dates: 09/30/2010
Promulgated Under: 119.03
Statutory Authority: RC Sec. 4105.12
Rule Amplifies: RC Sec. 4105.01

1301:3-6-02 Certificates of Competency.

(A) The license application for a certificate of competency as an inspector of elevators specified in section 4105.02 of the Revised Code shall consist of the following:

(1) A completed application form designated by the superintendent of industrial compliance which contains the items listed in section 4105.02 of the Revised Code;

(2) An original letter or letters from one or more of the applicant's previous employers certifying as to his character and experience as specified in the second paragraph of section 4105.02 of the Revised Code; and

(3) An application fee of twenty-five dollars for special inspectors as established by the director of commerce in accordance with section 4105.17 of the Revised Code, which fee shall be nonrefundable.

(B) An application for a certificate of competency as an inspector of elevators may be denied, and a certificate of competency and a commission to serve as a special inspector of elevators in accordance with section 4105.05 of the Revised Code may be suspended or revoked, in accordance with Chapters 119. and 4105. of the Revised Code for:

(1) Failure to submit a complete application as required by this rule;

(2) Incompetence or untrustworthiness of the applicant or holder thereof; or

(3) Falsification of any matter contained in the applicant's or holder's application or in any report of inspection filed by a certificate holder.

(C) A commission to serve as a special inspector of elevators shall be renewed, subject to denial as set forth in this rule, upon payment of a renewal fee of twenty-five dollars and demonstration of compliance with the renewal requirements for "Qualified Elevator Inspector" (QEI) certification under the authority of the American society of mechanical engineers in accordance with the provisions of Chapters 4105. and 4745. of the Revised Code on or before a renewal expiration date for that certificate of competency as an inspector of elevators established by the superintendent of industrial compliance.

(D) To maintain a certificate of competency, the general and special inspectors shall comply with each of the following continuing educational requirements:

(1) Comply with the continuing education requirements as set forth in ASME A 17.4 2004 item 2.3 of the 2004 edition of the "Qualified Elevator Inspector" (QEI) standard as well as maintaining a current QEI certification card issued by a certifying agency.

(2) Provide evidence that the inspector has maintained knowledge of current local administrative or operating procedures necessary to discharge duties by attending an annual meeting held by the elevator section.

Effective: 10/13/2005
R.C. 119.032 review dates: 09/30/2010
Promulgated Under: 119.03
Statutory Authority: RC Sec. 4105.12
Rule Amplifies: RC Sec. 4105.02 , 4105.04

1301:3-6-03 Permits for Erection, Repair, or Removal to Different Location; Certificates of Operation; Temporary Certificates of Operation; Procedure for Registered Elevator to be Permanently Taken Out of Service.

(A) An application for a permit for the erection, repair, or removal to a different location of an elevator specified in section 4105.16 of the Revised Code shall consist of the following:

(1) A completed application form designated by the superintendent;

(2) Plans and specifications, in duplicate, giving information, adequate to the division, concerning the construction, alteration, or repair of the elevator; and

(3) Any applicable fee as established by the board of building standards in accordance with section 4105.17 of the Revised Code, which fee shall be nonrefundable.

(B) An application for a certificate of operation for an elevator specified in section 4105.15 of the Revised Code shall consist of the following:

(1) A completed application form designated by the superintendent of industrial compliance;

(2) A permit for the erection or repair of the elevator issued in conformity with section 4105.16 of the Revised Code;

(3) The fee for issuance of a certificate of operation as established in accordance with section 4105.17 of the Revised Code, which fee shall be nonrefundable; and

(4) Evidence of having passed a final inspection before operation of an elevator as required by section 4105.16 of the Revised Code.

(C) A certificate of operation for an elevator shall be renewed, subject to denial as set forth in this rule, in accordance with the provisions of Chapter 4745. of the Revised Code, on or before a renewal expiration date for that certificate of operation for an elevator established by the superintendent of industrial compliance.

(D) An application for a permit for the erection, repair or removal to a different location of an elevator specified in section 4105.16 of the Revised Code may be denied, suspended, or revoked, in accordance with Chapters 119. and 4105. of the Revised Code for the following:

(1) Failure to submit a complete application as required by this rule;

(2) Failure to conform to the applicable standards for the construction, maintenance, and repair of elevators as established by the board of building standards under the authority granted in section 4105.011 of the Revised Code; or

(3) Falsification of any matter contained in the application.

(E) An application for a certificate of operation for an elevator may be denied, and a certificate of operation for an elevator may be suspended or revoked in accordance with Chapters 119. and 4105. of the Revised Code for the following:

(1) Failure to submit a complete application as required by this rule;

(2) Falsification of any matter contained in an application for the issuance or renewal of a certificate of operation for an elevator; or

(3) Failure to pass an inspection as required by Chapter 4105. of the Revised Code.

(F) The superintendent of industrial compliance may, upon written request by an applicant for a certificate of operation, issue a temporary certificate of operation for a period not to exceed ninety days. A temporary certificate of operation issued by the superintendent shall specify the terms and limitations on the use of the elevator under the temporary certificate.

(G) A permit issued for installation or alteration of an elevator shall automatically expire eighteen months from the date of issuance with no action taken from the elevator section unless the physical installation or alteration started before the end of the eighteenth month. One six-month permit extension may be granted upon a written request by the elevator owner, if the extension is requested prior to the permit expiration date. Upon expiration of a permit, a new application, new plans,pertinent data, and associated fees are required. Fees shall not be refunded for expired or canceled permits.

(H) An owner may take a registered elevator permanently out of service by completing each of the following:

(1) Within twelve months from the date the elevator is taken out of service permanently, disable it as an "installation placed out of service," as described in the "Safety Code for Elevators and Escalators", ASME A 17.1 2004 edition, section 8.11. 1.4.

(2) Within thirty days of disabling an installation placed out of service according to paragraph (H)(1) of this rule, notification shall be sent to the elevator section of the date of compliance on a form prescribed by the elevator section.

(3) The owner shall not return the elevator to service until reinspection by the elevator section.

Effective: 10/13/2005
R.C. 119.032 review dates: 09/30/2010
Promulgated Under: 119.03
Statutory Authority: RC Sec. 4105.12
Rule Amplifies: RC Sec. 4105.09 , 4105.15 , 4105.16 , 4105.17

1301:3-6-04 Inspections.

(A) At least one elevator inspection per year required under section 4105.10 of the Revised Code shall be performed in conformity with the provisions of the "Guide for Inspection of Elevators, Escalators and Moving Walks," ASME A 17.2 - 2004 edition, approved by the American society of mechanical engineers on July 22, 2004, copyright 2005, and published on March 31, 2005.

(B) Additional inspections shall be in conformance with paragraph (A) of this rule unless alternative inspection procedures are approved by the superintendent.

(C) Where the "Guide for Inspection of Elevators, Escalators and Moving Walks" fails to clearly define or govern a specific device or type of conveyance, the inspector shall apply a standard specific to that device or type of conveyance in accordance with generally accepted engineering practices, and as designated by the chief of the elevator section in the division of industrial compliance.

(D) The duties of inspectors for conducting inspections and reporting inspections shall be the following

(1) Inspectors shall comply with the code of ethics established by the "Qualified Elevator Inspector" (QEI) certifying agency.

(2) Inspectors shall report the results of the inspection and testing in accordance with the appropriate administrative procedures in the format required by the elevator section and the following:

(a) The ASME checklist forms as published by the elevator section for electric elevators, hydraulic elevators, handicapped accessible lifts, escalators, and moving walks shall be used when the inspection is either acceptance in accordance with ASME A 17.1, section 8.10 or periodic in accordance with ASME A 17.1, section 8.11.

(b) The report shall be signed by the inspector, and shall include his or her certification number and QEI certifying agency.

(c) All code deficiencies noted in the report shall include a reference to the specific rule violated in the Ohio Elevator Code, in conformance with the policy established by the elevator section.

(d) The report shall include the date and time that the inspection was conducted.

(E) Special inspectors are subject to observations of their performance of inspections by the chief elevator inspector or the chief's designee. A designee shall be at a minimum an elevator inspector supervisor. The elevator section shall publish a procedure for notification of special inspectors when an observation is to occur.

Effective: 10/13/2005
R.C. 119.032 review dates: 09/30/2010
Promulgated Under: 119.03
Statutory Authority: RC Sec. 4105.12
Rule Amplifies: RC Sec. 4105.10 , 4105.11

1301:3-6-05 Complaints; Denials, Suspensions, and Revocations of Certificates of Competency.

(A) Any person who wishes to make a complaint against a person who holds a license shall submit the complaint in writing to the elevator section within twelve months after the date of the action or event upon which the complaint is based. The elevator section shall investigate any alleged violation of Chapter 4105. of the Revised Code or the rules adopted pursuant to it. If, after an investigation, the elevator section determines that any person has engaged or is engaging in any practice that violates Chapter 4105. of the Revised Code or the rules adopted pursuant to it, that section may apply to the court of common pleas of the county in which the violation occurred or is occurring for an injunction or other appropriate relief to enjoin or terminate the violation.

(B) The superintendent shall direct the elevator section to deny, revoke, or suspend the issuance or renewal of a certificate of competency if the section finds that the applicant has done any of the following:

(1) Been convicted of a felony;

(2) Violated any provision of Chapter 4105. of the Revised Code or rules adopted pursuant thereto;

(3) Obtained a license by fraud, misrepresentation, or deception; or

(4) Engaged in fraud, misrepresentation, deception, malfeasance, misfeasance, or nonfeasance in the conduct of business.

(C) Upon a reasonable cause shown, the superintendent shall direct the elevator section to impose one or both of the following:

(1) Suspend or revoke an inspector's certificate of competency for a specified period of time that the elevator section establishes.

(2) Require a holder of a certificate of competency to complete additional continuing education course work within a specified time period.

(D) Upon written notification of the action of the elevator section, the aggrieved may appeal pursuant to Chapter 119. of the Revised Code and rule 1301:3-6-05 of the Administrative Code.

Effective: 10/13/2005
R.C. 119.032 review dates: 09/30/2010
Promulgated Under: 119.03
Statutory Authority: RC Sec. 4105.12
Rule Amplifies: RC Sec. 4105.05 , 4105.11

1301:3-6-06 Conduct of Hearings.

(A) Administrative hearings held under Chapter 4105. of the Revised Code, shall be conducted in conformity with Chapter 119. of the Revised Code relating to adjudication hearings. In the event of any conflict between the provisions of Chapters 4105. and 119. of the Revised Code, any specific provisions of Chapter 4105. of the Revised Code shall prevail over general provisions of Chapter 119. of the Revised Code.

(B) Subject to the provisions of Chapters 4105. and 119. of the Revised Code relating to adjudication hearings, the superintendent of industrial compliance may designate any person to appear on behalf of the division of industrial compliance at an administrative hearing held under Chapter 4105. of the Revised Code.

Effective: 10/13/2005
R.C. 119.032 review dates: 09/30/2010
Promulgated Under: 119.03
Statutory Authority: RC Sec. 4105.12
Rule Amplifies: RC Sec. 4105.11