R616.  Labor Commission, Boiler, Elevator and Coal Mine Safety.
R616-3.  Elevator Rules.
R616-3-1.  Authority.
	This rule is established pursuant to Section 34A-7-201 for the purpose of the Labor Commission ascertaining, fixing, and enforcing reasonable standards regarding elevators for the protection of life, health, and safety of the general public and employees.

R616-3-2.  Definitions.
	A.  "ANSI" means the American National Standards Institute, Inc.
	B.  "ASME" means the American Society of Mechanical Engineers.
	C.  "Commission" means the Labor Commission created in Section 34A-1-103.
	D.  "Division" means the Division of Boiler, Elevator and Coal Mine Safety of the Labor Commission.
	E.  "Elevator" means a hoisting and lowering mechanism equipped with a car or platform and that moves in guides in a substantially vertical direction.
	F.  "Escalator" means a stairway, moving walkway, or runway that is power driven, continuous and used to transport one or more individuals.

R616-3-3.  Safety Codes for Elevators.
	The following safety codes are adopted and incorporated by reference within this rule:
	A.  ASME A17.1-2016/CSA B44-16, Safety Code for Elevators and Escalators, and amended as follows:
	1.  Delete 2.2.2.5;
	2.  Amend 8.6.5.8 as follows: Existing hydraulic cylinders installed below ground when found to be leaking shall be replaced with cylinders conforming to 3.18.3.4 or the car shall be provided with safeties conforming to 3.17.1 and guide rails, guide rail supports and fastenings conforming to 3.23.1.  This code is issued every two years.  New issues become mandatory only when a formal change is made to these rules.  Elevators are required to comply with the A17.1 code in effect at the time of installation.
	B.  ASME A17.3 - 2015 Safety Code for Existing Elevators and Escalators.  This code is adopted for regulatory guidance only for elevators classified as remodeled elevators by the Division of Boiler, Elevator and Coal Mine Safety.
	C.  ASME A90.1-2015, Safety Standard for Belt Manlifts.
	D.  ANSI A10.4-2016, Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations.
	E.  ICC/ANSI A117.1 (2009) Accessible and Usable Buildings and Facilities, sections 407 and 408, and 410 approved October 20, 2010.
	F.  ASME A18.1-2014 Safety Standard For Platform Lifts And Stairway Chairlifts.
	G.  ASME A17.6-2010 Standard for Elevator Suspension, Compensation, and Governor Systems.

R616-3-4.  Inspector Qualification.
	A.  Any person who performs elevator safety inspections must be a State Elevator Inspector certified by the Division.
	B.  A State Elevator Inspector is a person who meets the following nationally recognized standards of qualifications for inspectors of elevators and escalators:
	(1)  Has four or more years of verifiable documented education and experience in the mechanical and/or electrical aspects of the elevator industry and is a person deemed to meet the ASME A17.1 definition of "elevator personnel";
	(2)  Has two or more years of college courses in an elevator industry-related engineering field; or
	(3)  Meets the definition of "elevator personnel" in ASME A17.1 and has documented training as one of the following:
	(i)  an Elevator Inspector performing inspections for an enforcing authority;
	(ii)  an Elevator Inspector trainee working under the direct supervision of an Elevator Inspector performing inspections for an enforcing authority;
	(iii)  an Elevator Inspector performing inspections and licensed by or under the jurisdiction of an enforcing authority; or
	(vi)  an Elevator Inspector trainee licensed by or working under the direct supervision of a licensed Elevator Inspector performing inspections and working under the jurisdiction of an enforcing authority.
	C.  Prior to a person becoming certified as a State Elevator Inspector, a person must pass a state-issued examination with at least a 70% score which will test the person's knowledge and understanding of the Utah Elevator and Escalator Safety Act, Utah Code Ann. 34A-7-201 et seq.; the Utah Administrative Code sections relating to elevators, R616-3 et seq.; and the national code sections adopted and incorporated by Utah in R616-3-3.

R616-3-5.  Modifications and Variances to Codes.
	A.  In a case where the Division finds that the enforcement of any code would not materially increase the safety of employees or general public, and would work undue hardships on the owner/user, the Division may allow the owner/user a variance.  Variances must be in writing to be effective and can be revoked after reasonable notice is given in writing.
	B.  Persons who apply for a variance to a safety code requirement must present the Division with the rationale as to how their elevator installation provides safety equivalent to the applicable safety code.
	C.  No errors or omissions in these codes shall be construed as permitting any unsafe or unsanitary condition to exist.
	D.  The Commission may, by rule, add or delete from the applicable safety codes for any good and sufficient safety reason.
	E.  In the event that adopted safety codes are in conflict with one another, the ASME A17.1, Safety Code for Elevators and Escalators will take precedence.  The exception to this is for compliance with the accessibility guidelines of Pub. L. No. 101-336 "The Americans with Disability Act of 1990".  In this instance, the International Building Code standards adopted in R616-3-3 for accessibility as applied to elevators take precedence over ASME A17.1.

R616-3-6.  Exemptions.
	A.  These rules apply to all elevators in Utah with the following exemptions:
	1.  Private residence elevators installed inside a single family dwelling.  Common elevators which serve multiple private residences are not exempt from these rules.
	2.  Elevators in buildings owned by the Federal government.
	B.  Owners of elevators exempted in R616-3-6.A. may request a safety inspection by Division of Boiler, Elevator and Coal Mine Safety inspectors.  Code non-compliance items will be treated as recommendations by the inspector with the owner having the option as to which, if any, are corrected.  Owners requesting these inspections will be invoiced at the special inspection rate.  If the owner requests a State of Utah Certificate to Operate for the elevator, all of the recommendations must be completed to the satisfaction of the inspector and the owner will be invoiced the appropriate certificate fee.

R616-3-7.  Inspection of Elevators, Permit to Operate, Unlawful Operations.
	A.  It shall be the responsibility of the Division to make inspections of all elevators when deemed necessary or appropriate.
	B.  Elevator inspectors shall examine conditions in regards to the safety of the employees, public, machinery, drainage, methods of lighting, and into all other matters connected with the safety of persons using or in close proximity to each elevator, and when necessary give directions providing for the better health and safety of persons in or about the same.  The owner/user is required to freely permit entry, inspection, examination and inquiry, and to furnish a guide when necessary.
	C.  If the Division finds that an elevator complies with the applicable safety codes and rules, the owner/user shall be issued a Certificate of Inspection and Permit to Operate.
	1.  The Certificate of Inspection and Permit to Operate is valid for 24 months.
	2.  The Certificate of Inspection and Permit to Operate shall be displayed in a conspicuous location for the entire validation period.  If the certificate is displayed where accessible to the general public, as opposed to being in the elevator machine room, it must be protected under a transparent cover.
	D.  If the Division finds an elevator is not being operated in accordance with the safety codes and rules, the owner/user shall be notified in writing of all deficiencies and shall be directed to make specific improvements or changes as are necessary to bring the elevator into compliance.
	E.  Pursuant to Section 34A-7-204, if the improvements or changes are not made within a reasonable time, by agreement of the division and the owner, the elevator is being operated unlawfully.
	F.  If the owner/user refuses to allow an inspection to be made, the elevator is being operated unlawfully.
	G.  If the owner/user refuses to pay the required fee, the elevator is being operated unlawfully.
	H.  If the owner/user operates an elevator unlawfully, the Commission may order the elevator operation to cease pursuant to Section 34A-1-104.
	I.  If, in the judgment of an elevator inspector, the lives or safety of employees or public are, or may be, endangered should they remain in the danger area, the elevator inspector shall direct that they be immediately withdrawn from the danger area, and the elevator removed from service until repairs have been made and the elevator has been brought into compliance.

R616-3-8.  Inclined Wheelchair Lift Headroom Clearance.
	A.  Headroom clearance for inclined wheelchair lifts throughout the range of travel shall be not less than 80 inches (2032 mm) as measured vertically from the leading edge of the platform floor.
	B.  For existing facilities only, in the event that it is not technically or economically feasible to provide other means of access for disabled persons, inclined wheelchair lifts may be installed if all of the following conditions are met:
	1.  The appropriate building inspection jurisdiction approves the use of an inclined wheelchair lift for the specific application.
	2.  Headroom clearance throughout the range of travel shall be not less than 60 inches as measured vertically from the leading edge of the platform floor.
	3.  The passenger restriction sign as required by ASME A18.1 3.1.2.3 shall be amended as follows:  "PHYSICALLY DISABLED PERSONS ONLY. NO FREIGHT. HEADROOM CLEARANCE IS LIMITED.  USE ONLY IN THE SITTING POSITION".

R616-3-9.  Valves in Hydraulic Elevator Operating Fluid Systems.
	A.  Due to the potential loss of pressure retaining capability when over torqued, bronze-bodied valves shall not be installed in the hydraulic systems of a hydraulic elevator.
	B.  This requirement is in effect for all new installations and remodel installations involving the hydraulic system.
	C.  If a bronze-bodied valve installed on an existing elevator begins to leak, that valve shall be replaced by a steel-bodied valve.

R616-3-10.  Hydraulic Elevator Piping.
	A.  This rule establishes minimum standards for hydraulic fluid piping in hydraulic elevators.  The piping specifications referred to in this rule are governed by ASME or ASTM piping specifications (e.g. ASME Specification SA-53 Table X2.4).

R616-3-11.  Shunt Trips in Elevator Systems.
	A.  The means (shunt trip) to automatically disconnect the main line power supply to the elevator discussed in 2.8.3.3.2 of A17.1 is not required for hydraulic elevators with a rise of 50 feet or less.

R616-3-12.  Hoistway Vents.
	Hoistway ventilation as outlined in the International Building Code is under the jurisdiction of the local building official.

R616-3-13.  Hand Line Control Elevators.
	A.  Operation of a hand line control elevator is not permitted.
	B.  Owners of hand line control elevators are required to render the elevator electrically and mechanically incapable of operation.

R616-3-14.  Remodeled Elevators.
	A.  When an elevator is classified as a remodeled (modernized) elevator by the Division, the components of the elevator involved in the modernization must comply with the standards of the latest version of ASME A17.1 and ASME A17.3 in effect at the time the remodeling of the elevator commences.

R616-3-15.  Fees.
	A. Fees to be charged as provided by Section 34A-1-106 and 63J-1-303 shall be adopted by the Labor Commission and approved by the Legislature pursuant to Section 63J-1-301(2).
	B.  The fee for the initial certification permit shall be invoiced to and paid by the company or firm installing the elevator.
	C.  The renewal certification permit shall be invoiced to and paid by the owner/user.
	D.  Any request for a special inspection shall be invoiced to and paid by the person/company requesting the inspection, at the hourly rate plus mileage and expenses.

R616-3-16.  Notification of Installation, Revision or Remodeling.
	A.  Before any elevator covered by this rule is installed or a major revision or remodeling begins on the elevator, the Division must be advised at least one week in advance of such installation, revision, or remodeling unless emergency dictates otherwise.

R616-3-17.  Initial Agency Action.
	Issuance or denial of a Certificate of Inspection and Permit to Operate by the Division, and orders or directives to make changes or improvements by the elevator inspector are informal adjudicative actions commenced by the agency per Section 63G-4-201.

R616-3-18.  Presiding Officer.
	The elevator inspector is the presiding officer referred to in Section 63G-4-201.  If an informal hearing is requested pursuant to R616-3-18, the Commission shall appoint the presiding officer for that hearing.

R616-3-19.  Request for Informal Hearing.
	Within 30 days of issuance, any aggrieved person may request an informal hearing regarding the reasonableness of a permit issuance or denial or an order to make changes or improvements.  The request for hearing shall contain all information required by Sections 63G-4-201(3)(a) and 63G-4-201(3)(b).

R616-3-20.  Classification of Proceeding for Purpose of Utah Administrative Procedures Act.
	Any hearing held pursuant to R616-3-18 shall be informal and pursuant to the procedural requirements of Section 63G-4-203 and any agency review of the order issued after the hearing shall be per Section 63G-4-302.  An informal hearing may be converted to a formal hearing pursuant to Subsection 63G-4-202(3).

KEY:  elevators, certification, safety
Date of Enactment or Last Substantive Amendment:  December 11, 2019
Notice of Continuation:  August 23, 2016
Authorizing, and Implemented or Interpreted Law:  34A-1-101 et seq.