CHAPTER Lab 1300  ELEVATORS

 

Statutory Authority: RSA 157-B: 18

 

PART Lab 1301  APPLICABILITY

 

Lab 1301.01  Applicability.  These rules shall apply to the construction, inspection, alteration and repair of elevators and accessibility lifts as defined in RSA 157-B: 2 and within this jurisdiction.  The following codes shall not preclude compliance with the codes adopted by the State Building Code Review Board pursuant to RSA 155-A.  If a conflict should arise between these rules and any other law, rule, regulation or code, these rules shall not supersede the more stringent requirements.

 

Source.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

PART Lab 1302  INCORPORATION BY REFERENCE

 

          Lab 1302.01  American Standard Safety Code A-17.1-1965 and A-17.1a-1967 and A-17.1b-1968 for Installations Prior to January 1, 1968.  Under the authority of RSA 157-B:18 elevators, dumbwaiters, escalators and moving walks installed before January 1, 1968 shall conform to the American Standard Safety Code for Elevators, Escalators, and Moving Walks, A-17.1-1965 with supplements A-17.1a-1967 and A-17.1b-1968 available as specified in Appendix II with the following modifications:

 

          (a)  Delete rule 100.6 b in its entirety;

 

          (b)  Delete rule 101.2 in its entirety;

 

          (c)  Delete rule 101.3 in its entirety;

 

          (d)  Delete rule 101.4 in its entirety;

 

          (e)  Delete rule 102 in its entirety;

 

          (f)  Rewrite the first sentence of rule 107.1a to read: "When the car rests on its fully compressed buffers there shall be a vertical clearance of not less than two (2) feet between the pit floor and the underside of the car platform";

 

          (g)  Delete rule 202.1a through 202.1c in their entirety; and

 

          (h)  Delete rule 208.1 in its entirety.

 

Source.  #4020, eff 3-21-86; ss by #5108, eff 4-2-91, EXPIRED: 4-2-97

 

New.  #6844, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1302.02  ANSI/ASME A-17.3-1986 for Installations Prior to January 1, 1968.  Under the authority of RSA 157-B:18 elevators, dumbwaiters, escalators and moving walks installed before January 1, 1968 shall conform to the following parts of the ANSI/ASME code for existing Elevators, and Escalators A-17.3-1986 available as specified in Appendix II:

 

          (a)  A17.3 2.2.1. Enclosures;

 

          (b)  A17.3 2.2.2;

 

          (c)  A17.3 2.1.4 and 2.2.5;

 

          (d)  A17.3 3.2; and

 

          (e)  A17.3 3.8.

 

Source.  #4020, eff 3-21-86; ss by #5108, eff 4-2-91, EXPIRED: 4-2-97

 

New.  #6844, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED:  2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1302.03  American Standard Safety Code A-17.1-1965 and A-17.1a-1967 and A-17.1b-1968 for Installations Between January 1, 1968 and January 1, 1985.  Elevators, dumbwaiters, escalators and moving walks, installed between January 1, 1968 and January 1, 1985 shall conform to the American Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, A-17.1-1965 with supplements A-17.1a-1967 and A-17,1b-1968 available as specified in Appendix II.

 

Source.  #4020, eff 3-21-86; ss by #5108, eff 4-2-91, EXPIRED: 4-2-97

 

New.  #6844, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRES: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1302.04  Request for Waiver.  Upon notification of outstanding code violations resulting in the non-issuance of a certificate, the owner or the elevator company may petition the commissioner of labor for a waiver.  Said petition shall be in writing and demonstrate that the enforcement of a particular rule is unreasonable and noncompliance shall not compromise public safety.  No waiver shall be granted on economic consideration only.

 

Source.  #4020, eff 3-21-86; ss by #5108, eff 4-2-91, EXPIRED: 4-2-97

 

New.  #6844, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRES: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

PART Lab 1303  PROCEDURE FOR LICENSING ELEVATOR AND ACCESSIBILITY LIFT MECHANICS AND INSPECTORS

 

Statutory Authority: RSA 157-B:18

 

          Lab 1303.01  Purpose.  A licensing procedure for elevator and accessibility lift mechanics and inspectors was created by the legislature.  These rules are intended to carry out the intent of RSA 157-B by establishing standards for the licensing and regulation of elevator and accessibility lift mechanics and inspectors.

 

Source.  #6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1303.02  Definitions.

 

          (a)  "Applicant" means a person seeking to be licensed under RSA 157-B:8 or RSA 157-B:8-a or seeking a renewal of a license issued thereunder.

 

          (b)  "Accessibility lift inspector" means a person who meets the requirements of RSA 157-B:8 and these rules and is engaged in inspecting and testing inclined stairway chairlifts and inclined and vertical wheelchair lifts, including gates, any doors, enclosure, runway means and appurtenances required for its operation for the exclusive use by person(s) who have a handicap or injury that prevents them from using the stairs.

 

          (c)  "Accessibility lift mechanic" means a person who meets the requirements of RSA 157-B:8-a and these rules and is authorized to act as a mechanic who is engaged in the construction, maintenance or repair of inclined stairway chairlifts and inclined and vertical wheelchair lifts, including gates, any doors, enclosure, runway means and appurtenances required for its operation for the exclusive use by person(s) who have a handicap or injury that prevents them from using the stairs.

 

          (d)  "Elevator mechanic" means a person who meets the requirements of RSA 157-B:8-a and these rules and who is engaged in the construction, maintenance or repair of elevators, escalators and accessibility lifts.

 

          (e)  "Elevator inspector" means a person meeting the qualifications of paragraph RSA 157-B: 8 and these rules and who is engaged in the inspection and testing of elevators escalators and accessibility lifts.

 

          (f)  “Helper/apprentice” means a person working under the direct supervision of a licensed elevator mechanic or accessibility lift mechanic while engaged in the construction, maintenance or repair of elevators or accessibility lifts.

 

Source.  #6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1303.03  Initial License Application.

 

          (a)  No person shall work as a constructor, maintainer or repairer in the installation, maintenance or repair of elevator or accessibility lift controls and all items inside the machine room and the hoistway, except the following when coordinated with a New Hampshire licensed elevator or accessibility lift mechanic as applicable:

 

(1)  The elevator phone;

 

(2)  The elevator lighting;

 

(3)  The elevator flooring;

 

(4)  The smoke detector/heat detector;

 

(5)  The sprinklers;

 

(6)  The elevator shaft and machine room enclosures;

 

(7)  The vents located in the elevator shaft and machine room enclosures;

 

(8)  The building heating/cooling systems; and

 

(9)  Sump pump and piping.

 

          (b)  No person shall inspect elevators, as defined in RSA 157-B:2 IV, or accessibility lifts as defined in RSA 157-B:2, V, pursuant to RSA 157-B:5 without first having secured a license under the provisions of RSA 157-B:8 and these rules.

 

          (c)  The person applying for a license under the provisions of RSA 157-B:8 or RSA 157-B:8-a shall supply the following on or attached to the elevator or accessibility lift license application form ELA:

 

(1)  His/Her name, home address and telephone number;

 

(2)  The name, address, telephone number and federal ID number of the company that the applicant is employed by;

 

(3)  If applying for a elevator or accessibility lift mechanic's license the applicant's current license number and expiration date;

 

(4)  If applying for a elevator or accessibility lift inspector's license, the applicant's current license number and expiration date;

 

(5)  An indication whether the application is for an initial license, a reinstatement, or renewal license and whether for an elevator mechanic or elevator inspector's license, or for a accessibility lift mechanic or accessibility lift inspector license;

 

(6)  A list of all related work experience for the last 5 years and total hours worked on elevators or accessibility lifts for each year;

 

(7)  The name, address and telephone number for each person who can verify the work experience listed;

 

(8)  An indication whether the applicant has ever had a license suspended, revoked, limited or denied in this or any other jurisdiction;

 

(9)  If applicable, an explanation of the suspension, revocation, limitation or denial of the applicant’s license in this or any other jurisdiction; and

 

(10)  The fee specified by RSA 157-B:8 or RSA 157-B:8-a, as applicable.

 

          (d)  The person listed pursuant to (c)(7) above shall be a person with personal knowledge of the applicant's professional abilities.

 

          (e)  The person applying for a license under the provisions of RSA 157-B:8 or RSA 157-B:8-a with a request to be issued a license without taking the examination shall attach to the application form ELA a statement which supports the information submitted pursuant to Lab 1303.03(c)(6) above by the person named in Lab 1303.03(c)(7) above.

 

          (f)  When meeting the requirements of (c)(3) or (c)(4) above, as applicable, the applicant submitting a license from another state shall include documentation to demonstrate that the standard of examination, certification or licensure is equal to that of this state and demonstrating the applicant's technical and practical knowledge of codes at least equal to codes adopted pursuant to RSA 157-B: and Lab 1302.

 

Source.  #6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1303.04  Information Evaluated.

 

          (a)  The information submitted on or attached to form ELA shall be evaluated by the department as set forth in this section.

 

          (b)  The department shall first verify compliance with Lab 1303.03.

 

          (c)  Information supplied pursuant to Lab 1303.03 which is not clear or does not result in an immediate rejection shall be evaluated as follows:

 

(1)  The department shall verify the applicant's identity;

 

(2)  The department shall verify the work experience during the 5 years immediately preceding the date of application;

 

(3)  If applicable, the department shall verify that the applicant's license is current whether issued by this state or another jurisdiction;

 

(4)  The department shall verify the applicant's work experience within this state; and

 

(5) If applicable, the department shall compare any information supplied when meeting the requirements of Lab 1303.03 (f) to rules adopted by this state.

 

Source.  #6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1303.05  Examination Required.

 

          (a)  Upon the department's approval of a completed application form ELA the applicant shall be entitled to one examination providing the following minimum experience is met:

 

(1)  For an accessibility lift mechanic license:

 

a. Two years of documented experience working as a accessibility lift mechanic’s helper/apprentice with an average of 1,800 hours in each year over the 2-year period, in this state directly under a licensed New Hampshire accessibility lift mechanic; or

 

b.  Three consecutive years holding a certificate or license of competency working as an accessibility lift mechanic an average of 1,800 hours in each year over the 3- year period;

 

(2)  For an accessibility lift inspector’s license, 2- years of experience working as an accessibility lift mechanic;

 

(3)  For an elevator mechanic license:

 

a.  Two years of documented experience as an elevator mechanic’s helper/apprentice with an average of 1,800 hours in each year over the 2-year period, working in this state directly under a licensed New Hampshire elevator mechanic; or

 

b.  Three consecutive years holding a certificate or license of competency working as an elevator mechanic an average of 1,800 hours in each year over the 3 -year period; or

 

(4)  For an elevator inspector’ license,  2  years experience working as an elevator mechanic.

 

(b)  The examination shall be in 2 parts, as follows:

 

(1)  A written part consisting of true and false, multiple choice, short answer and essay questions to allow the applicant to demonstrate technical and practical knowledge of elevator and accessibility lifts, as applicable and the codes adopted by this state in RSA 157-B:3 and 4 and Lab 1302; and

 

(2)  Upon successful completion on the written part, above, a oral part consisting of verbal questions and answers to demonstrate the applicant's working knowledge of all functions and operations of all equipment as adopted by this state in Lab 1302.

 

          (c)  The department shall notify the applicant in writing of the next scheduled exam date at least 14 days in advance of the examination date.

 

          (d)  The department shall schedule the examination no later than 60 days from the date the completed application is received and approved by the department.

 

          (e)  If the applicant completes both parts of the exam (b)(1) and (2), above, with at least 70% accuracy, the applicant shall be issued a license.

 

          (f)  If the applicant fails the examination and wants to re-take the exam, the applicant shall re-apply and the department shall notify the applicant in writing of the newly scheduled examination date.

 

Source.  #6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1303.06  Examination Not Required.  Upon the department's approval of a completed application form ELA an applicant shall be issued a license without examination, providing that the following are met:

 

          (a)  The applicant for an accessibility lift inspector or elevator inspector’s license shall have demonstrated pursuant to Lab 1303.03 (e), that the applicant has at least 1,800 hours of the required experience each year during the previous 5 consecutive years within New Hampshire;

 

          (b) The experience required for an accessibility lift inspector’s license in (a) above shall be experience working as a licensed accessibility lift mechanic an average of 1,800 hours in each year over the 5-year period;

 

          (c)  The experience required for a inspector’s license in (a) above shall be experience working as a licensed elevator mechanic an average of 1,800 hours in each year over the 5- year period; and

 

          (d)  An examination shall not be required if the applicant holds a license issued by a state that meets the requirements of Lab 1303.03(f).

 

Source.  #6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1303.07  Renewal License.

 

          (a)  Every licensee shall file a completed form ELA at least 30 days prior to the expiration of the current license together with the renewal application fee.

 

          (b)  The applicant for a renewal license shall supply the information required in Lab 1303.03(c) (1)-(5) and (8).

 

Source.  #6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab  1303.08  Licensing and Fees.

 

          (a)  The commissioner shall issue a license to any person who qualifies for the license under the provisions of RSA 157-B:8 or 157-B:8-a, as applicable, and these rules upon payment of the non-refundable fee.

 

          (b)  A renewal fee pursuant to RSA 157-B:8 or 157-B:8-a, as applicable, shall be charged upon application for renewal license providing that the application is filed within 30 days from expiration date.

 

          (c)  The fee for a re-instatement of a revoked or expired license shall be the same fee as the initial application fee.

 

Source.  #6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1303.09  Revocation of License.

 

          (a)  Any license issued under RSA 157-B:8 or RSA 157-B:8-a, after notice and opportunity for a hearing, shall be revoked by the department if:

 

(1)  The licensee violated any statute, rule or code adopted thereunder relative to elevators or accessibility lift; or,

 

(2)  The licensee falsified any documentation submitted to the department of labor.

 

          (b)  Upon revocation, the department shall notify the holder of the effective date thereof.

 

          (c)  The licensee shall, upon notification, surrender the license to the commissioner.

 

          (d)  Except as provided in (e) below, if the licensee fails to appear at a hearing, the department shall enter a default judgment and suspend the licensee's license after 7 days from the date of the scheduled hearing and until such time as the licensee arranges for a hearing and is present at the scheduled hearing.

 

          (e)  There shall be no revocation if the department determines, based upon information supplied in writing by the licensee within 7 days of the originally scheduled hearing, that the licensee had good cause for failing to appear at the hearing. Good cause shall include illness, accident, the death of a family member, or similar problem beyond the control of the licensee.

 

          (f)  No one shall perform work for which a license is required pursuant to RSA 157-B:8-a and these rules after the revocation of their license.

 

          (g)  No one shall perform inspections pursuant to RSA 157-B:8 and these rules after the revocation of their license.

 

Source.  #6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07 (from Lab 1303.10); ss by #10715, eff 11-10-14

 

PART Lab 1304  PROCEDURE FOR REPORTING ELEVATOR AND ACCESSIBILITY LIFT ACCIDENT

 

Statutory Authority: RSA 157-B:18

 

          Lab 1304.01  Purpose.  The duty to report elevator and accessibility lift accidents was created by the legislature. These rules are intended to carry out the intent of RSA 157-B:15 by describing the information the department of labor requires the owner to report.

 

Source.  #6846, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1304.02  Reporting an Accident.  Pursuant to RSA 157-B:15, an owner of an elevator or accessibility lift, as outlined in Lab 1302, shall report an accident, whether or not it results in injury to a person or damage to the equipment, within 48 hours after its occurrence to the department of labor.

 

          (a)  An owner of an elevator or accessibility lift shall supply the following information on a form provided by the department:

 

(1)  The New Hampshire identification number;

 

(2)  The date of the report to the owner;

 

(3)  The owner/lessee's legal name and telephone number;

 

(4)  The owner/lessee's mailing address;

 

(5)  The location of the building where the accident occurred;

 

(6)  The date of the accident;

 

(7)  The time of the accident;

 

(8)  The date the accident was reported to owner/lessee;

 

(9)  A description of the accident;

 

(10)  Whether or not there was an injury and if there was, the following information:

 

a.  The name, address and phone number of injured;

 

b.  The nature and location of the injury; and

 

c.  Whether the injury was fatal.

 

(11)  The date of the last inspection;

 

(12)  Whether a certificate was issued;

 

(13)  Whether or not there was damage to any equipment, and if there was, a description of the damage;

 

(14)  If applicable, the name telephone number and address of each witness; and

 

(15)  Whether an elevator inspector, an elevator mechanic or an accessibility lift mechanic was notified and if one was:

 

a.  The name and number of that person;

 

b.  The time and date of the notification; and,

 

c.  A copy of the elevator inspection or mechanic report of the accident and findings.

 

(16)  The date reported to the department of labor.

 

Source.  #6846, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

          Lab 1304.03  Investigation.

 

          (a)  If the information supplied pursuant to Lab 1304.02 is unclear, the department shall contact the owner named on the inspection report or the elevator company named on the inspection report or any witnesses or injured parties named on the inspection report to obtain clarification of the information.

 

          (b)  The department shall further investigate the reported accident by taking the following actions:

 

(1)  After a review of the accident report the department shall make a record of the report and take no further action if it is determined that:

 

a.  The accident was not a result of equipment failure;

 

b.  The accident did not result in any damage to the equipment; and

 

c.  The accident did not result in bodily injury to a person;

 

(2)  If the elevator inspector's findings submitted in accordance with Lab 1304.02(a)(15)c show that a code violation exists that will, more likely than not, cause another accident if not corrected immediately, the commissioner shall authorize the elevator inspector to make an emergency suspension of the inspection certificate under RSA 157-B:6,II until the department performs an inspection in accordance with (3) below;

 

(3)  The department shall perform an inspection of the elevator or accessibility lift to determine if the elevator or accessibility lift meets the requirements of the codes adopted pursuant to Lab 1302; and

 

(4)  If the elevator or accessibility lift fails the inspection, the inspector shall furnish the owner with a report of the violations found in accordance with the code adopted pursuant to Lab 1302; and the department of labor shall order that:

 

a.  The elevator or accessibility lift be brought into compliance with the codes pursuant to Lab 1302 within 15 days from the date of the inspection; or

 

b.  The elevator or accessibility lift certificate shall be suspended immediately under RSA 157-B:6,I until such time that the elevator or accessibility lift has been brought into compliance with the codes adopted pursuant to Lab Part 1302.

 

          (c)  If the elevator or accessibility lift certificate is suspended by the commissioner, the department shall commence a hearing within 10 days, or the suspension shall be automatically lifted.

 

Source.  #6846, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07

 

New.  #8880, eff 4-28-07; ss by #10715, eff 11-10-14

 

APPENDIX I

 

Rule

Specific State Statute the Rule Implements

 

 

Lab 1301

RSA 157-B:2 - 18

Lab 1302

RSA 157-B:4

Lab 1303

RSA 157-B:8 & 157-B:8-a

Lab 1304

RSA 157-B:15

 

APPENDIX II

 

 

Rule

Title

Obtain at:

Lab 1302.01

American Standard Safety Code A-17.1-1965 and A-17.1a-1967 and A-17.1b-1968

American Society of Mechanical Engineers, Three Park Ave. New York, NY  10016-5990. Telephone: 1-800-662-1545 opt 3. E-mail: rrequests@lindahall.org

The cost $98.75 for all 3, 341 pages.

 

 

 

Lab 1302.02

ANSI/ASME A-17.3-1986

American Society of Mechanical Engineers, Three Park Ave. New York, NY  10016-5990. Telephone: 1-800-662-1545 option 3. E-mail:  requests@lindahall.org

The cost is $34.75

 

 

 

Lab 1302.03

American Standard Safety Code A-17.1-1965 and A-17.1a-1967 and A-17.1b-1968

American Society of Mechanical Engineers, Three Park Ave. New York, NY  10016-5990.  Telephone: 1-800-662-1545 option 3. E-mail: Requests@lindahall.org

The cost $98.75 for all 3, 341 pages