WSR 19-09-064

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed April 16, 2019, 10:59 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 18-18-069.

Title of Rule and Other Identifying Information: Amendments to the elevator rules, chapter 296-96 WAC, Safety regulations and fees for all elevators, dumbwaiters, escalators, and other conveyances.

Hearing Location(s): On May 30, 2019, at 9:00 a.m., at the Labor and Industries (L&I) Tukwila Office, 12806 Gateway Drive South, Tukwila, WA 98168; and on May 31, 2019, at 9:00 a.m., at the Davenport Grand Hotel, 333 West Spokane Falls Boulevard, Spokane, WA 99201.

Date of Intended Adoption: July 23, 2019.

Submit Written Comments to: Alicia Curry, L&I, P.O. Box 44400, Olympia, WA 98504-4400, email Alicia.Curry@Lni.wa.gov, fax 360-902-5292, by 5 p.m., on May 31, 2019.

Assistance for Persons with Disabilities: Contact Alicia Curry, phone 360-902-6244, fax 360-902-5292, email Alicia.Curry@Lni.wa.gov, by May 17, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing changes to the elevator rules to adopt additional requirements from the 2015 American Society of Mechanical Engineers (ASME) A17.3 safety codes for existing elevators and escalators. These additional requirements include:

The proposed rules also provide an extended time frame of two years to come into compliance with ASME A17.3 Requirements 2.7.6, 3.3.5, 3.10.7, 3.9.5, and 5.5.3 or to submit a written plan with a projected time frame for compliance and five years for compliance with ASME A17.3 Requirements 3.10.12 and 3.11.3.

Reasons Supporting Proposal: On June 5, 2018, the department filed proposed rule amendments to the elevator rules (chapter 296-96 WAC) following a formal review of the rules and new safety code requirements from the 2016 edition of ASME and other related codes (WSR 18-12-103). The proposed rules were developed using a technical advisory committee of diverse elevator stakeholder representatives and were reviewed and approved by the elevator safety advisory committee. The proposed rules included adoption of the 2015 ASME A17.3 safety codes for existing elevators and escalators. The ASME A17.3 code contains several provisions already adopted in existing requirements under chapter 296-96 WAC but also some new requirements.

On August 31, 2018, the department adopted only those provisions of ASME A17.3 that were consistent with existing requirements and decided to pursue adoption of the remaining provisions in this separate rule making to address concerns that elevator owners did not understand how the rule changes would affect them. This rule making allows the department to further engage in discussions with building owners and other interested parties on the impacts of adopting the additional requirements from ASME A17.3.

Statutory Authority for Adoption: Chapter 70.87 RCW, Elevators, lifting devices, and moving walks.

Statute Being Implemented: Chapter 70.87 RCW, Elevators, lifting devices, and moving walks.

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

Name of Proponent: L&I, governmental.

Name of Agency Personnel Responsible for Drafting: Dotty Stanlaske, Program Manager, Tumwater, Washington, 360-902-6456; Implementation and Enforcement: David Puente, Jr., Assistant Director, Tumwater, Washington, 360-902-6348.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. Under certain circumstances, a rule or rule component is exempt from the economic analysis requirement. These exemption criteria are listed in RCW 34.05.328 (5)(b) including both:

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

April 16, 2019

Joel Sacks

Director