WSR 04-11-063

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 18, 2004, 10:25 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-09-090.

     Title of Rule: Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances, chapter 296-96 WAC.

     Purpose: The purpose of this rule making is to:

     • Clarify that special purpose and residential elevators are exempt from the requirements for installation and operation requirements relating to hall buttons; and

     • Add a new section for requirements that apply to hydraulic elevators without safety bulkheads.

     Other Identifying Information: This rule making is related to the elevator licensing rule making filed under WSR 04-08-087 on April 6, 2004.

     Statutory Authority for Adoption: RCW 70.87.020, 70.87.030, 70.87.034, 70.87.120, 70.87.185, 70.87.190.

     Statute Being Implemented: Chapter 70.87 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

     Name of Agency Personnel Responsible for Drafting: Dotty Stanlaske, Tumwater, (360) 902-6128; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.

     Name of Proponent: Department of Labor and Industries, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: See Purpose above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed changes to WAC 296-96-23303 are intended to bring the requirement in line with American Society of Mechanical Engineers (ASME) code 8.6.5.5, requirements for safety bulkheads. Since the ASME code falls into the category of a national consensus code, this rule change is exempt under RCW 34.05.310 (4)(c). The change being made to WAC 296-96-02355, simply clarifies the rule by adding a line that states, "Special purpose and residential elevators are exempt from this section." Since this rule amendment is a clarification, it is covered by RCW 34.05.310 (4)(d).

     RCW 34.05.328 applies to this rule adoption. Significant rule-making criteria does apply to these rule changes however they are exempt under RCW 34.05.328 (5)(b).

     Hearing Location: Department of Labor and Industries, Room S130, 7273 Linderson Way S.E., Olympia, WA 98504, on June 22, 2004, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Christine Swanson by June 8, 2004, at (360) 902-6411 or copc235@LNI.wa.gov.

     Submit Written Comments to: Christine Swanson, 7273 Linderson Way S.E., Olympia, WA 98504-4400, copc235@lni.wa.gov, phone (360) 902-6411, fax (360) 902-5292.

     Date of Intended Adoption: July 20, 2004.

May 18, 2004

Paul Trause

Director

OTS-7178.2


AMENDATORY SECTION(Amending WSR 01-02-026, filed 12/22/00, effective 1/22/01)

WAC 296-96-02355   What are the installation and operation requirements for hall buttons?   (1) The centerline of all hall call buttons must be 42 inches above the floor.

     (2) The "UP" direction button must be on top.

     (3) Raised or flush direction buttons, exclusive of the panel border, must be a minimum of 3/4 inch in size.

     (4) Indicator lights must be installed to show each call registered and they must extinguish when the call is answered.

     (5) When pushed, the depth of flush buttons must not exceed 3/8 inch.

Exception: Special purpose and residential elevators are exempt from this section.
Note: The exception becomes effective August 19, 2004.

[Statutory Authority: RCW 70.87.020, 70.87.030, 70.87.034, 70.87.120, 70.87.185 and chapter 70.87 RCW. 01-02-026, § 296-96-02355, filed 12/22/00, effective 1/22/01.]


NEW SECTION
WAC 296-96-23303   What requirements apply to hydraulic elevators without safety bulkheads?   (1) Oil levels must be monitored and tracked in a log.

     (2) The log must contain the date the oil was added, the reason for the loss of oil, and the amount of oil added.

     (3) If the reason for the loss of oil cannot be determined, the unit must be immediately taken out of service and the cylinder must be replaced.

Note: This section becomes effective August 19, 2004.

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