Chapter 4101:5-1 General Provisions

4101:5-1-01 Scope.

This code covers the design, construction, repair, alteration, and maintenance of:

(A) Passenger elevators;

(B) Freight elevators;

(C) Dumbwaiters;

(D) Escalators;

(E) Moving walks;

(F) Belt Manlifts;

(G) Mine elevators;;

(H) Special service elevators and other lifting and lowering equipment as provided for by section 4105.01 of the Revised Code, but shall not include the following:

(1) Conveyors and related equipment within the scope of "ANSI B 20.1 ";

(2) Tiering or piling machines used to move material to and from storage and located and operating entirely within one story;

(3) Equipment for feeding or positioning materials at machine tools, printing presses, etc.;

(4) Hoists for raising or lowering materials and which are provided with unguided hooks, slings, and similar means for attachment to the materials;

(5) Skip or furnace hoists;

(6) Wharf ramps;

(7) Amusement devices, but does include elevators in observation towers, etc.;

(8) Lift bridges;

(9) Railroad car lifts or dumpers;

(10) Material hoists and workmen's hoists in place for the duration of the construction renovation or demolition of the project; and

(11) Elevators in one-, two-, and three-family dwelling houses.

R.C. 119.032 review dates: 11/10/2011 and 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 4105.011(A)
Rule Amplifies: 4105.01 , 4105.011(A) , 4105.17
Prior Effective Dates: 4/1/74, 12/15/84, 2/1/96, 12/1/00, 4/1/02

4101:5-1-02 Definitions.

Note: For definitions used in rules 4101:5-1-01 to 4101:5-3-02 of the Administrative Code:

(For definitions not contained herein, refer to the " ASME" standards listed in rule 4101:5-3-01 of the Administrative Code.)

"ASME" means the "American Society of Mechanical Engineers." Referenced standards, codes, and related technical information developed by this organization can be purchased by logging on to http://www.asme.org or by calling 1-800-the-asme.

"Board" means the board of building standards as established by section 3781.07 of the Revised Code and authorized by division (A) of section 4105.011 of the Revised Code to formulate rules and regulations governing the design, construction, repair, alteration, and maintenance of elevators.

"Board of building appeals" means the board of building appeals as established by section 3781.19 of the Revised Code.

"Division" means the division of industrial compliance in the department of commerce.

"Elevator" means, 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 of the endless belt type, moving walks, 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.

"Freight elevator" means an elevator normally used for carrying freight and on which only the operator and employees in the pursuit of their duties, by the permission of the employer, are allowed to ride.

"General inspector" means a state inspector examined and hired to inspect elevators and lifting apparatus for that state.

"Inspector" means either a general or special inspector.

"Moving walks" means a type of passenger-carrying device on which passengers stand or walk, and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted.

"Owner or user" means any person, firm or corporation owning or operating any elevator.

"Special inspector" means an inspector examined and commissioned by the superintendent to inspect elevators and lifting apparatus in the state.

"Superintendent" means the superintendent of the division of industrial compliance created in the department of commerce under section 121.04 of the Revised Code, or the person designated by the superintendent as responsible for the enforcement of rules 4101:5-1-01 to 4101:5-3-02 and 1301:3-6-01 to 1301:3-6-06 of the Administrative Code.

Effective: 03/15/2012
R.C. 119.032 review dates: 11/10/2011 and 11/10/2016
Promulgated Under: 119.03
Statutory Authority: 4105.011(A)
Rule Amplifies: 3781.06 , 4105.01 , 4105.011(A)
Prior Effective Dates: 4/1/74, 11/1/80, 2/1/96, 1/1/03

4101:5-1-03 Enforcement.

The superintendent shall enforce all provisions of rules 4101:5-1-01 to 4101:5-3-02 and rules 1301:3-6-01 to 1301:3-6-06 of the Administrative Code relating to the design, construction, repair, alteration, and maintenance of elevators as defined in rule 4101:5-1-02 of the Administrative Code.

Replaces: 4101:5-1-03

Effective: 03/15/2012
R.C. 119.032 review dates: 11/10/2016
Promulgated Under: 119.03
Statutory Authority: 4105.011(A)
Rule Amplifies: 4105.02 , 4105.03 , 4105.04 , 4105.07 , 4105.08 , 4105.10 , 4105.11 , 4105.16
Prior Effective Dates: 4/1/74, 2/1/96

4101:5-1-04 Application for permit.

In accordance with section 4105.16 of the Revised Code , every owner or contractor shall apply for and obtain a permit from the division of industrial compliance prior to the installation of, alteration of, or repair of any elevator regulated by the division. The application shall be made on forms prescribed by the superintendent and in accordance with rule 1301:3-6-03 of the Administrative Code.

Replaces: 4101:5-1-04

Effective: 03/15/2012
R.C. 119.032 review dates: 11/10/2016
Promulgated Under: 119.03
Statutory Authority: 4105.011(A)
Rule Amplifies: 4105.16
Prior Effective Dates: 4/1/74

4101:5-1-05 Adjudication order.

Before attempting to enforce, by any remedy, civil or criminal, the provisions with which the inspected elevator does not comply, the superintendent shall issue an adjudication order in accordance with section 4105.11 of the Revised Code. The owner of the elevator specified therein may appeal to the board of building appeals under section 3781.19 of the Revised Code.

Effective: 03/15/2012
R.C. 119.032 review dates: 11/10/2011 and 11/10/2016
Promulgated Under: 119.03
Statutory Authority: 4105.011(A)
Rule Amplifies: 4105.11
Prior Effective Dates: 4/1/74, 2/1/96

4101:5-1-06 Examination for certificate of competency.

(A) No person may act, either as a general inspector or as a special inspector of elevators, unless he holds a certificate of competency issued by the superintendent in accordance with rule 1301:3-6-02 of the Administrative Code.

(B) The written examination administered by the superintendent, prior to issuance of a certificate of competency, shall be the "Quality Elevator Inspectors (QEI) Examination."

Effective: 03/15/2012
R.C. 119.032 review dates: 11/10/2011 and 11/10/2016
Promulgated Under: 119.03
Statutory Authority: 4105.011(A)
Rule Amplifies: 4105.011(C) , 4105.02 , 4105.03 , 4105.04 , 4105.05 , 4105.06
Prior Effective Dates: 4/1/74, 2/1/96, 1/1/03

4101:5-1-07 Assessment fee.

(A) In accordance with division (I) of section 4105.17 of the Revised Code, in addition to any fees assessed and collected directly from the owner or user for the inspection and issuance of a certificate of operation, the superintendent will collect, directly from the owner or user, a board assessed fee of three dollars and twenty-five cents for each certificate of operation or renewal thereof and for each inspection conducted.

(B) The three dollars and twenty-five cent assessment fee collected directly from the owner or user on behalf of the board shall be remitted to the board when deposited by the division of industrial compliance pursuant to section 121.084 of the Revised Code. The superintendent shall report to the board the amounts remitted not later than one month following the first full month's collection and then monthly thereafter.

Effective: 03/15/2012
R.C. 119.032 review dates: 11/10/2011 and 11/10/2016
Promulgated Under: 119.03
Statutory Authority: 4105.011(A)
Rule Amplifies: 4105.17(I)
Prior Effective Dates: 4/1/74, 3/10/82, 12/1/83, 1/1/90, 5/1/92, 7/5/93, 2/1/96, 1/1/03