WSR 98-12-043

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed May 29, 1998, 12:17 p.m., effective June 30, 1998]



Date of Adoption: May 29, 1998.

Purpose: Chapter 296-86 WAC, Regulations and fees for freight and passenger elevators, manlifts, material lifts, dumbwaiters, escalators, moving walks, automobile parking elevators, personnel elevators, and other lifting devices, state-initiated amendments to chapter 296-86 WAC, Regulations and fees for freight and passenger elevators, manlifts, material lifts, dumbwaiters, escalators, moving walks, automobile parking elevators, personnel elevators, and other lifting devices, were adopted to comply with the Administrative Procedure Act (see RCW 34.05.220(5)). Consequently, clear rule-writing techniques were used to rewrite the entire chapter. Following the recommendation of the Office of Code Reviser, chapter 296-86 WAC was repealed in its entirety and replaced with chapter 296-86A WAC, Regulations and fees for all elevators, dumbwaiters, escalators and other lifting devices.

Chapter 296-86A WAC, Regulations and fees for all elevators, dumbwaiters, escalators and other lifting devices, state-initiated clear rule-writing amendments to chapter 296-86A WAC were adopted to:

Move existing chapter 296-86 WAC requirements into New sections of chapter 296-86A WAC.

Write all sections of chapter 296-86A WAC in a clear rule-writing style, which means:

Remove outdated and redundant language to make the sections easier to read.

Use questions for section titles to better describe the information contained in each rule section and to better engage the reader.

Use a less formal voice in the rule sections and eliminate the passive voice when possible.

Reorganize some rule sections to make them easier to use.

All sections of chapter 296-86A WAC were written in a clear rule-writing style. In addition, all fees in the chapter were increased by 4.05% rounded down to the nearest quarter of a dollar. The 4.05% figure was obtained from the Office of Financial Management and is the maximum allowable fiscal growth rate factor for fiscal year 1998. These state-initiated fee increases are necessary to help offset projected inflationary growth in the elevator program's operating costs for fiscal year 1998. Finally, several new fees were adopted. These fees either cover the cost of program services previously provided without charge or establish annual operating permit fees for new types of conveyances now being used by department customers.

New section WAC 296-86A-010 Do I need a permit to construct, alter or relocate a conveyance?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Clarify that your construction, alteration or relocation permit can only be renewed if:

Your application for renewal is made before your current permit expires; and

Your renewal application is approved by the department; and

You pay a one-dollar fee for each permit you renew.

New section WAC 296-86A-020 When I apply for my construction, alteration or relocation permit, what permit fees will I have to pay?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Increase permit fees by 4.05% rounded down to the nearest quarter of a dollar.

New section WAC 296-86A-025 When I apply for my material lift installation, alteration or relocation permit, what permit fees will I have to pay?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Increase permit fees by 4.05% rounded down to the nearest quarter of a dollar.

New section WAC 296-86A-028 Are the construction and alteration permit fees that I pay refundable?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Clarify the conditions under which construction and alteration permit fees are refundable.

Establish a twenty-five dollar processing fee for each refund requested.

New section WAC 296-86A-030 What installation permit fees will I have to pay for personnel and material hoists?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Increase permit fees by 4.05% rounded down to the nearest quarter of a dollar.

New section WAC 296-86A-040 Do I need to submit my plans for new installations and alterations to the department for approval?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Emphasize that you must submit all plans for new installations and major alteration to the department for approval.

Emphasize that your plans must be in compliance with the latest edition of the American Society of Mechanical Engineers (ASME) A17.1, National Electrical Code (NEC) and applicable Washington Administrative Code (WAC) adopted by the department.

Delete reference to the American Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks A17.1.

Emphasize that all plans you submit "must include all information pertinent to determining whether each installation/alteration complies with all applicable codes."

Require that a copy of all approved plans must be kept on your job site until the department has witnessed all acceptance tests.

Emphasize that the department must approve any alterations to approved plans before a final inspection can take place.

Clarify that plan review fees are nonrefundable.

Establish a review fee for any plans you submit beyond the two sets required by the department.

Increase plan review fees by 4.05% rounded down to the nearest quarter of a dollar.

New section WAC 296-86A-060 What annual operating permit fees will I have to pay?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Increase annual operating permit fees by 4.05% rounded down to the nearest quarter of a dollar.

Establish a fee for roped-hydraulic elevators.

Establish a fee for limited use/limited-application elevators.

Establish a fee for special purpose elevators.

Change "personnel elevator" to "personnel hoist."

Delete the words "with variance" from "Each private residence elevator installed with variance in other than a private residence."

New section WAC 296-86A-065 Can I replace annual operating permits that have been damaged, lost or stolen?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Clarify the conditions under which a replacement permit can be obtained.

Establish a five-dollar replacement permit fee for each permit replaced.

New section WAC 296-86A-070 Can I obtain a supplemental inspection from the department?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Increase supplemental inspection fees by 4.05% rounded down to the nearest quarter of a dollar.

New section WAC 296-86A-073 Can I obtain technical services from the department's elevator section?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Provide technical services to the industry.

Establish a fee for these technical services.

Emphasize that technical services do not include inspections.

New section WAC 296-86A-074 Can I request an inspection outside of the department's normal work hours?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Provide inspection services to the industry outside of normal work hours.

Define "normal work hours."

Establish a fee for inspections conducted outside of normal work hours.

Emphasize that these "outside of normal work hour" inspection fees are in addition to any other fees required for a project.

New section WAC 296-86A-075 Do I pay a fee when my conveyance is inspected?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Clarify the meaning of "reinspection fee" and when such a fee is paid.

Increase reinspection fees by 4.05% rounded down to the nearest quarter of a dollar.

Clarify when the department may waive a reinspection fee.

New section WAC 296-86A-080 Is there a fee for inspecting regular elevators used as temporary personnel elevators?

Reason for Adopting Rule: State-initiated amendments were adopted to:

Write the section in a clear rule style.

Increase this inspection fee by 4.05% rounded down to the nearest quarter of a dollar.

Clarify the use of this temporary permit.

Chapter 296-81 WAC, Safety rules governing elevators, dumbwaiters, escalators, and lifting devices--Moving walks:

Amended section WAC 296-81-007 National Elevator Code adopted.

Reason for Adopting Rule: State-initiated amendments were adopted to create this new section adopting the 1996 edition of the American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ASME A17.1 as the standard for elevators, dumbwaiters, escalators and other conveyances installed on or after June 30, 1998.

Citation of Existing Rules Affected by this Order: Amending WAC 296-81-007 National Elevator Code adopted; and repealing WAC 296-86-010 Permits for construction, alteration, relocation of installations, 296-86-020 Construction and alteration fee, 296-86-030 Installation fee for personnel elevators and material hoists, 296-86-040 Submission of plans for new installations, 296-86-050 Fee for checking plans for new installations, 296-86-060 Annual operating permit fees, 296-86-070 Supplemental inspections, 296-86-075 Reinspection fees, 296-86-080 Fee for inspection of regular elevators being used as temporary personnel elevators, and 296-86-090 Material lift installation, alteration and relocation fees.

Statutory Authority for Adoption: Chapter 70.87 RCW.

Adopted under notice filed as WSR 98-07-094 on March 18, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 13, amended 1, repealed 10.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 13, amended 1, repealed 10.

Effective Date of Rule: June 30, 1998.

May 27, 1998

Gary Moore

Director

OTS-1840.1

REPEALER



The following chapter of the Washington Administrative Code is repealed:



WAC 296-86-010 Permits for construction, alteration, relocation of installations.

WAC 296-86-020 Construction and alteration fee.

WAC 296-86-030 Installation fee for personnel elevators and material hoists.

WAC 296-86-040 Submission of plans for new installations.

WAC 296-86-050 Fee for checking plans for new installations.

WAC 296-86-060 Annual operating permit fees.

WAC 296-86-070 Supplemental inspections.

WAC 296-86-075 Reinspection fees.

WAC 296-86-080 Fee for inspection of regular elevators being used as temporary personnel elevators.

WAC 296-86-090 Material lift installation, alteration and relocation fees.

OTS-1841.3

Chapter 296-86A WAC



REGULATIONS AND FEES FOR ALL ELEVATORS, DUMBWAITERS, ESCALATORS AND OTHER LIFTING DEVICES



NEW SECTION



WAC 296-86A-010  Do I need a permit to construct, alter or relocate a conveyance? (1) You must obtain a permit from the department before you begin constructing, altering or relocating any conveyance. To obtain your permit, you need to complete the department's permit application and pay a fee. (Consult the appropriate fee schedules in this chapter.) Once your application is approved and your fee is paid, your permit will be issued and work on your project can begin.

(2) Your construction and alteration permits are valid for one year from the date of issue. However, construction and alteration permits can be renewed if you:

(a) Apply for a renewal permit before your current permit expires; and

(b) The department approves your request for a renewal permit; and

(c) You pay a one-dollar renewal fee to the department for each permit you renew.

(3) You are not required to obtain permits and pay fees for the following:

(a) Repairs and replacement normally necessary for maintenance and made with parts of equivalent materials, strength and design.

(b) Any conveyance exempted by RCW 70.87.200.



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NEW SECTION



WAC 296-86A-020  When I apply for my construction, alteration or relocation permit, what permit fees will I have to pay? The following permit fees apply to all conveyances except for material lifts:



total cost fee
$250.00 to and including $1,000 . . . $ 29.50
$1,001 to and including $15,000
For the first $1,001 . . . 41.50
For each additional $1,000 or fraction

thereof . . .



8.25
$15,001 to and including $100,000
For first $15,001. . . 158.75
For each additional $1,000 or fraction

thereof . . .



5.50
over $100,001
For first $100,001 . . . 666.75
For each additional $1,000 or fraction

thereof . . .



4.50




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NEW SECTION



WAC 296-86A-025  When I apply for my material lift installation, alteration or relocation permit, what permit fees will I have to pay? The following permit fees apply to the installation, alteration and relocation of material lifts:



total cost fee
$250.00 to and including $1,000 . . . $ 27.00
$1,001 to and including $15,000
For the first $1,001 . . . 37.75
For each additional $1,000 or fraction

thereof . . .



7.50
$15,001 to and including $100,000
For first $15,001 . . . 144.25
For each additional $1,000 or fraction

thereof . . .



5.00
over $100,001
For first $100,001 . . . 606.25
For each additional $1,000 or fraction

thereof . . .



4.00




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NEW SECTION



WAC 296-86A-028  Are the construction and alteration permit fees that I pay refundable? Your construction and alteration permit fees are refundable unless your permits have expired. If your permits have expired, no refunds for these permits will be issued to you. All requests for refunds must be addressed to the elevator section in writing and must identify the specific permits for which refunds are being requested. In those cases where you are entitled to a refund, the department will charge you a twenty-five-dollar processing fee for each refund you request.



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NEW SECTION



WAC 296-86A-030  What installation permit fees will I have to pay for personnel and material hoists? For each personnel hoist or material hoist you install, you will have to pay an installation fee of ninety-seven dollars and seventy-five cents.



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NEW SECTION



WAC 296-86A-040  Do I need to submit my plans for new installations and alterations to the department for approval? You must submit all new installation plans and plans for major alterations to the department for approval. Your plans must be submitted, in duplicate, to the elevator section prior to the start of construction. To be approved, they must comply with the latest edition of the American Society of Mechanical Engineers (ASME) A17.1, National Electrical Code (NEC) and applicable Washington Administrative Codes (WAC) adopted by the department. In addition, your plans must include all information pertinent to determining whether each installation/alteration complies with all applicable codes. Once approved, a copy of your plan must be kept on your job site until all acceptance tests have been witnessed by the department. Any alterations to your approved plan must be submitted to the department for approval before a final inspection will be conducted. The nonrefundable fees for reviewing your plans are:



For each installation/major alteration . . . $21.50
If more than two sets of plans are submitted, the fee
for reviewing each additional set . . . 21.50




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NEW SECTION



WAC 296-86A-060  What annual operating permit fees will I have to pay? No annual operating permit will be issued to you until you have paid an appropriate fee to the department. The following is a schedule of those fees.







type of conveyance annual operating

permit fee

Each hydraulic elevator . . . $ 75.75
Each roped-hydraulic elevator . . . 97.75
plus $7.50 for each hoistway opening in excess of two . . .



7.50
Each cable elevator . . . 97.75
plus $7.50 for each hoistway opening in excess of two . . .

7.50
Each cable elevator traveling more than 25
feet without an opening-$10.50 for each
25 foot traveled without openings . . . 10.50
Each limited-use/limited-application

elevator . . .



75.75
Each sidewalk freight elevator . . . 75.75
Each hand-powered freight elevator . . . 48.75
Each hand-powered manlift . . . 48.75
Each incline elevator in other than a private residence . . .

97.75
Each belt manlift . . . 75.75
Each boat launching elevator . . . 75.75
Each auto parking elevator . . . 75.75
Each escalator . . . 75.75
Each moving walk . . . 75.75
Each dumbwaiter in other than a private residence . . .

48.75
Each people mover . . . 65.00
Each stair lift in other than a private residence . . .

48.75
Each wheel chair lift in other than a private residence . . .

48.75
Each special purpose elevator . . . 75.75
Each personnel hoist . . . 75.75
Each material hoist . . . 75.75
Each casket lift . . . 75.75
Each material lift . . . 65.00
Each inclined stairway chair lift in private residence . . .

16.00
Each inclined wheel chair lift in a private residence . . .

21.50
Each vertical wheel chair lift in a private residence . . .

27.00
Each inclined elevator at a private

residence . . .



75.75
Each dumbwaiter in a private residence . . . 21.50
Each private residence elevator . . . 48.75
Each private residence elevator installed in

other than a private residence . . .



75.75




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NEW SECTION



WAC 296-86A-065  Can I replace annual operating permits that have been damaged, lost or stolen? If you have already paid for a current operating permit under WAC 296-86-060, you may purchase a replacement permit by paying the department's five-dollar replacement permit fee for each permit being replaced. No replacement permit will be issued until this replacement fee has been received by the department.



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NEW SECTION



WAC 296-86A-070  Can I obtain a supplemental inspection from the department? Any person, firm, corporation or governmental agency can obtain a supplemental inspection from the department by paying a fee of two hundred eighty dollars per day plus the standard per diem and mileage allowance granted to department inspectors.



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NEW SECTION



WAC 296-86A-073  Can I obtain technical services from the department's elevator section? You can obtain elevator field technical services from the department by paying a fee of fifty-four dollars per hour plus the standard per diem and mileage allowance granted to department inspectors. These field technical services may include code evaluation, code consultation, plan examination, code interpretation and clarification of technical data relating to the application of the department's conveyance rules. Field technical services do not include inspections.



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NEW SECTION



WAC 296-86A-074  Can I request an inspection outside of the department's normal work hours? You may request an inspection outside of normal work hours, which are 7:00 a.m. to 5:00 p.m., if an inspector is available and the inspection is authorized by the department. However, the fee for such an inspection is sixty-eight dollars per hour plus the standard per diem and mileage allowance granted to department inspectors. This fee is in addition to any other fees required for your project.



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NEW SECTION



WAC 296-86A-075  Do I pay a fee when my conveyance is inspected? Not necessarily, some inspections do not require a fee. For example, the initial annual inspection of a conveyance does not require one. Neither does the initial inspection of any conveyance constructed, altered or relocated. The following table explains which inspections do require a fee:



inspection fee
If a conveyance does not pass an initial
inspection and a second inspection
(reinspection) is required, the fee for
each conveyance inspected* . . . $75.75
If a third inspection (reinspection)
is required, the fee for each conveyance
inspected* . . . 97.75
*These "reinspection" fees are in
addition to the fees charged under
WAC 296-86-020, 296-86-025 and
296-86-030 and must be paid before
an annual operating permit will be issued.
The department may waive reinspection fees
when it is not possible to conduct the
inspection and the inability to inspect is
not the fault of the party requesting
and/or paying for the inspection.
The department may also waive
reinspection fees for reasons of justice
and equity which prevent their payment.



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NEW SECTION



WAC 296-86A-080  Is there a fee for inspecting regular elevators used as temporary personnel elevators? Yes, the fee for inspecting and testing regular elevators used as temporary personnel elevators is sixty-five dollars. This fee is in addition to any other fees required in this chapter.

This sixty-five dollar fee purchases a thirty-day temporary use permit which may be renewed at the discretion of the department. When this temporary use permit is purchased, a notice declaring that the equipment has not been finally approved must be conspicuously posted on the elevator.



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OTS-1839.2

AMENDATORY SECTION (Amending WSR 95-04-005, filed 1/18/95, effective 3/1/95)



WAC 296-81-007  National Elevator Code adopted. (1) The American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, American National Standards Institute A17.1, as amended or revised through 1971, is adopted as the standards in this state for elevators, dumbwaiters, escalators, and moving walks installed from February 25, 1972, through June 30, 1982.

(2) The American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1, 1981 edition, is adopted as the standard for elevators, dumbwaiters, escalators, and moving walks installed on or after July 1, 1982 through January 9, 1986.

(3) The American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1, 1984 edition is adopted as the standard for elevators, dumbwaiters, escalators, and moving walks installed on or after January 10, 1986, with the exception of ANSI A17.1, part XIX. For all elevators, dumbwaiters, escalators, and moving walks installed on or after November 1, 1988, the requirements of ANSI A17.1, 1984 edition apply, with the exception of ANSI A17.1, part XIX and ANSI A17.1, part II, Rule 211.3b, which is replaced by WAC 296-81-275.

(4) The American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1, 1987 edition is adopted as the standard for elevators, dumbwaiters, escalators, and moving walks installed on or after January 1, 1989, with the exception of ANSI A17.1, part XIX, and ANSI A17.1, part II, Rule 211.3b, which is replaced by WAC 296-81-275.

(5) The American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1, 1990 Edition is adopted as the standard for elevators, dumbwaiters, escalators, and moving walks installed on or after January 1, 1993, with the exceptions of ANSI A17.1, Part XIX, and ANSI A17.1, Part V, Section 513, which is replaced by chapter 296-94 WAC.

(6) The American National Standard Safety Code For Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1, 1993 Edition is adopted as the standard for elevators, dumbwaiters, escalators, and moving walks installed on or after March 1, 1995, with the exceptions of ANSI A17.1, Part XIX, and ANSI A17.1, Part V, Section 513, which is replaced by chapter 296-94 WAC.

(7) The 1996 edition of the American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, AMSE A17.1 (formally known as American National Standard, ANSI A17.1), is adopted as the standard for elevators, dumbwaiters, escalators and other conveyances installed on or after June 30, 1998.



[Statutory Authority: Chapter 70.87 RCW. 95-04-005, 296-81-007, filed 1/18/95, effective 3/1/95. Statutory Authority: Chapter 70.87 RCW and RCW 70.87.030. 92-24-065, 296-81-007, filed 12/1/92, effective 1/1/93. Statutory Authority: RCW 70.87.080, 70.87.090 and 70.87.100. 88-19-053 (Order 88-18), 296-81-007, filed 9/15/88. Statutory Authority: RCW 70.87.030. 87-23-007 (Order 87-21), 296-81-007, filed 11/6/87. Statutory Authority: RCW 70.87.080, 70.87.090 and 70.87.100. 86-03-024 (Order 86-1), 296-81-007, filed 1/10/86. Statutory Authority: RCW 70.87.030 and 70.87.185. 84-23-001 (Order 84-21), 296-81-007, filed 11/8/84. Statutory Authority: RCW 70.87.185 and 70.87.034. 84-05-005 (Order 83-37), 296-81-007, filed 2/6/84. Statutory Authority: RCW 70.87.030. 82-12-005 (Order 82-18), 296-81-007, filed 5/20/82; Order 72-2, 296-81-007, filed 2/25/72.]

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