LABOR AND INDUSTRIES
[Filed July 23, 2019, 10:30 a.m., effective September 1, 2019]
Effective Date of Rule: September 1, 2019.
Purpose: This rule making will adopt additional requirements from the 2015 American Society of Mechanical Engineers (ASME) A17.3 safety codes for existing elevators and escalators. The additional requirements include:
|•||ASME A17.3 requirement 2.7.6 Hoistway Emergency Door Contacts;|
|•||ASME A17.3 requirement 3.3.5 Protection of Platforms Against Fire;|
|•||ASME A17.3 requirement 3.10.7 Operating of Driving Machine;|
|•||ASME A17.3 requirement 3.10.12 System to Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact Circuits;|
|•||ASME A17.3 requirement 3.11.3 Firefighter's Service;|
|•||ASME A17.3 requirement 3.9.5 Piston Connections; and|
|•||ASME A17.3 requirement 5.5.3 Adjacent Floor Surfaces.|
The adopted 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.
The changes were originally proposed as part of the elevator rule changes that were adopted on August 31, 2018, WSR 18-12-103. The development of the proposed rules involved a technical advisory committee of diverse elevator stakeholder representatives and review and approval of the changes by the elevator safety advisory committee. During the 2018 process, stakeholders expressed concerns that elevator owners did not understand how the rule changes would affect them or the potential financial impacts. The department decided to adopt only those provisions of ASME A17.3 that were consistent with existing requirements and initiate this separate rule making specific to the changes to ensure building owners and other interested parties understand the impacts of the requirements and to provide an additional opportunity for public comment.
Citation of Rules Affected by this Order: Amending WAC 296-96-00675 and 296-96-23000.
Statutory Authority for Adoption: Chapter 70.87
RCW, Elevators, lifting devices, and moving walks.
Adopted under notice filed as WSR 19-09-064 on April 16, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, 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 0, Amended 2, Repealed 0.
Date Adopted: July 23, 2019.
AMENDATORY SECTION(Amending WSR 18-18-070, filed 8/31/18, effective 10/1/18)
WAC 296-96-00675Amendments to adopted standards.
(1) Exclude all references to QEI certification in ASME A17.1/CSA B44 from code adoption.
(2) ASME A17.1/CSA B44, Section 1.2 Purpose and Exceptions amended as follows: The purpose of this code is to provide for the safety of life and limb, and to promote the public welfare. Compliance with these rules shall be achieved by:
(a) Conformance with the requirements in ASME A17.1/CSA B44 as amended by this chapter; or
(b) Conformance with a combination of requirements in ASME A17.1/CSA B44, this chapter, and ASME A17.7/CSA B44.7 with the following ASME A17.7/CSA B44.7 inclusions:
(i) All system or component certifications performed by an Accredited Elevator/Escalator Certification Organization (AECO) under ASME A17.7/CSA B44.7 shall be approved by the department before any such system or component is allowed to be permitted or installed in the state of Washington.
(ii) The applicant shall provide the certificate of certification for the device or system evaluated by an AECO.
(iii) The department has the final authority regarding acceptance of any item in ASME A17.7/CSA B44.7. The department may remove approval if a design has changed or unforeseen or undisclosed information is obtained.
(iv) The department will post the specific ASME A17.7/CSA B44.7 AECO certificate including exceptions agreed upon. At that time the certificate and exceptions become part of the adopted rule in the state of Washington and not subject to a variance process. The installer shall include the certificate and exceptions and all required information on each conveyance installed utilizing the ASME A17.7/CSA B44.7 method in the Maintenance Control Program documentation.
(v) The department may charge an additional fee for each item in review based upon the variance fee table.
(c) Additions or modifications to adopted standards and/or this chapter shall require approval from the department.
(3) ASME A17.1/CSA B44, Section 5.8, Marine Elevators. This section only applies to elevators installed on board a marine vessel flying the Washington state flag and under one hundred gross metric tons.
(4) ASME A17.1/CSA B44, Section 5.11, Wind Turbine Elevator is not adopted.
(5) Periodic tests and inspections. Pursuant to ((Req.
18.104.22.168 and 22.214.171.124, the department adopts ASME A17.1/CSA B44, Appendix N for the frequency of periodic tests. Pursuant to RCW 70.87.120
(2)(a) periodic inspections shall be performed annually.
(6) ASME A17.1/CSA B44 requirement 126.96.36.199.2 is not adopted. The department shall be permitted to witness periodic tests when the department deems necessary.
(7)(a) ASME A17.1-2016/CSA B44-16, 188.8.131.52 Firefighters' Emergency Operation is amended as follows: All elevators provided with firefighters' emergency operation shall be subjected quarterly, by authorized personnel, to Phase I recall by use of the keyed switch, and a minimum of one-floor operation on Phase II. Deficiencies shall be corrected. A record of findings shall be available to elevator personnel and the authority having jurisdiction.
(b) At least once each year, the fire alarm initiating devices associated with elevator recall and shunt trip initiating devices shall be tested to ((determine if))ensure they are still properly interfaced with the elevator control.
(((8) ASME A17.3 requirement 2.7.6 Hoistway Emergency Door Contacts is not adopted.
(9) ASME A17.3 requirement 3.3.5 Protection of Platforms Against Fire is not adopted.
(10) ASME A17.3 requirement 3.10.7 Operating of Driving Machine with Hoistway Door Unlocked or Hoistway or Car Door Not in the Closed Position is not adopted.
(11) ASME A17.3 requirement 3.10.12 System to Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact Circuits is not adopted.
(12) ASME A17.3 requirement 3.11.3 Firefighter's Service is not adopted.
(13) ASME A17.3 requirement 3.9.5 Piston Connections is not adopted.
(14) ASME A17.3 requirement 5.5.3 Adjacent Floor Surfaces is not adopted.))
AMENDATORY SECTION(Amending WSR 18-18-070, filed 8/31/18, effective 10/1/18)
WAC 296-96-23000Compliance time frames.
Time frames for compliance with Part D or ASME A17.3 (or combination thereof) as applicable.
(1) These time frames do not apply to maintenance and periodic testing as required by ASME A17.1/CSA B44, Section 8.6.
(2) Where a single unit is required to comply with multiple requirements or a group of units is required to comply with multiple requirements on one or more conveyances, the owner shall ((be granted sufficient time in order to comply without penalty.
(3) The owner shall)):
(a) Have twenty-four months/two years in which to come into compliance; or
(b) Submit a written plan ((and))within twenty-four months indicating the projected time frame ((for))in which to comply.
(((4)))(3) Where conveyances are targeted for alterations upon complying with subsection (2)(b) of this section, the owner may delay implementation of the requirements of Part D or ASME A17.3 (or combination thereof) until such time when the alteration is permitted by the department.
(4) The owner shall have a maximum of 60 months/5 years in which to come into compliance with the following:
(a) ASME A17.3 requirement 3.10.12 System to Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact Circuits.
(b) Where Firefighters' Emergency Operation is required by ASME A17.3, requirement 3.11.3 (note: ASME A17.3, requirement 3.11.3 only pertains to elevators where Firefighters' Emergency Operation does not comply with the 1987 or later editions of ASME A17.1 or ASME A17.1/CSA B44. There is no requirement to add Firefighter's Emergency Operation (FEO) under ASME A17.3 if the elevator was not provided with FEO during the initial installation).