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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 1301:3-6 | Elevator Inspection

 
 
 
Rule
Rule 1301:3-6-01 | Definitions.
 

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

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

(C) "Elevator" has the same meaning as defined in division (A) of section 4105.01 of the Revised Code.

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

Last updated July 2, 2021 at 2:58 PM

Supplemental Information

Authorized By: 4105.12
Amplifies: 4105.01
Five Year Review Date: 6/24/2026
Prior Effective Dates: 4/11/2015
Rule 1301:3-6-02 | Certificates of competency.
 

(A) The 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 that 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 or her 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 may be suspended or revoked, in accordance with Chapters 119. and 4105. of the Revised Code for:

(1) Failure to meet the requirements of paragraph (A) of this rule;

(2) Malfeasance, misfeasance, nonfeasane, incompetence, or untrustworthiness of the applicant or holder thereof; or

(3) Falsification of any matter by a certificate holder or applicant before the division.

(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 education requirements:

(1) Comply with the continuing education requirements as set forth in ASME QEI-1 2018: Standard for the Qualification of Elevator Inspectors, as well as maintaining a current QEI certification issued by a certifying agency.

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

Last updated July 2, 2021 at 2:59 PM

Supplemental Information

Authorized By: 4105.12
Amplifies: 4105.02, 4105.04
Five Year Review Date: 6/24/2026
Prior Effective Dates: 10/13/2005, 4/11/2015
Rule 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 under section 4105.16 of the Revised Code for the erection, repair, or removal to a different location of an elevator 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 assessed 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 under 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 in accordance with section 4105.17 of the Revised Code, the amount of which shall be as follows:

(a) The nonrefundable fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an elevator that is inspected twice every twelve months in accordance with division (A) of section 4105.10 of the Revised Code is two hundred ninety-five dollars plus sixteen dollars for each floor where the elevator stops, except where the elevator has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(b) The nonrefundable fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an elevator that is inspected at least once every twelve months in accordance with division (B) of section 4105.10 of the Revised Code is seventy-two dollars plus thirteen dollars for each floor where the elevator stops, except where the elevator has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(c) The nonrefundable fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an escalator or moving walk is three hundred ninety-five dollars, except where the escalator or moving walk has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(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. The current certificate of operation shall be posted in the elevator or a copy shall be made available upon request.

(D) An application for a permit under section 4105.16 of the Revised Code for the erection, repair or removal to a different location of an elevator 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 an elevator permanently out of service by completing each of the following:

(1) Disable the elevator as an "installation placed out of service," as described in the "Safety Code for Elevators and Escalators," ASME A17.1-2016, section 8.11.1.1.4 or the edition most recently adopted by the board of building standards.

(2) Within thirty days of disabling an elevator as 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 completion on a form prescribed by the elevator section.

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

Last updated October 12, 2021 at 9:25 AM

Supplemental Information

Authorized By: 4105.12, 4105.17
Amplifies: 4105.09, 4105.15, 4105.16, 4105.17
Five Year Review Date: 6/24/2026
Prior Effective Dates: 10/13/2005
Rule 1301:3-6-04 | Inspections.
 

(A) Each elevator in the state of Ohio, including those conveyances enumerated in rule 4101:5-1-01 of the Administrative Code, shall be subject to periodic safety tests in accordance with the standards established in the "Safety Code for Elevators and Escalators." ASME A17.1-2016, or the edition most recently adopted by the board of building standards, and the "Guide for Inspection of Elevators, Escalators, and Moving Walks," A17.2-2017, or the most current edition. Of those periodic safety tests, at least one test every five years shall be a full-load safety test under the standards established in ASME A17.1-2016, section 8.6.4.20.

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

(C) Where the ASME A17.2-2017 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 manufacturer specifications, and as designated by the chief of the elevator section in the division of industrial compliance.

(D) The duties of inspectors for conducting 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, lifts intended for transportation of a mobility impaired person, escalators, and moving walks shall be used during acceptance and periodic inspections, in accordance with ASME A17.1-2016, sections 8.10 and 8.11, or the edition most recently adopted by the board of building standards.

(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) The completed report shall be left with the owner or operator of the elevator by making it available to the owner or operator, in electronic format, on the day the inspection is completed.

(E) Special inspectors are subject to observations of their performance of inspections by the chief elevator inspector or the chiefs designee. A designee shall be at a minimum an elevator inspector supervisor.

Last updated July 2, 2021 at 2:59 PM

Supplemental Information

Authorized By: 4105.12
Amplifies: 4105.10, 4105.11
Five Year Review Date: 6/24/2026
Prior Effective Dates: 10/13/2005
Rule 1301:3-6-05 | Complaints; denials, suspensions, and revocations of certificates of competency.
 

(A) Any person who wishes to make a complaint alleging that a violation of Chapter 4105. of the Revised Code or rules adopted thereunder has occurred 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 rules adopted thereunder. 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 rules adopted thereunder, 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 may 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 for or holder of a certificate of competency 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 may direct the elevator section to impose one or both of the following:

(1) Suspend or revoke an inspectors 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) Any person whose certificate of competency or certificate of competency application has been revoked, suspended, denied, or not renewed may request an adjudication hearing on the matter. The request for an adjudication hearing must be received by the division within thirty days from the date the notice of the action was mailed. The hearing shall be held in accordance with Chapter 119. of the Revised Code. A licensee or applicant adversely affected by an adjudication order issued pursuant to this rule shall have a right to appeal pursuant to section 119.12 of the Revised Code.

Last updated July 2, 2021 at 2:59 PM

Supplemental Information

Authorized By: 4105.12
Amplifies: 4105.05, 4105.11
Five Year Review Date: 6/24/2026
Prior Effective Dates: 10/13/2005
Rule 1301:3-6-06 | Conduct of hearings.
 

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.

Last updated July 2, 2021 at 3:00 PM

Supplemental Information

Authorized By: 4105.12
Amplifies: 4105.11
Five Year Review Date: 6/24/2026