WSR 23-10-083

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed May 2, 2023, 8:37 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 21-21-088.

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

Hearing Location(s): On June 7, 2023, at 9:00 a.m., virtual and telephonic hearing. Join electronically https://lni-wa-gov.zoom.us/j/88472027841?pwd=dHV5VDRhTVJVendNaEZwTGZGcVJYZz09, Passcode 1Nh+8S+Y; or join by phone (audio only) 1-253-215-8782, Meeting ID 884 7202 7841, Passcode 57042695. The virtual/telephonic hearing starts at 9:00 a.m. and will continue until all oral comments are received; and on June 13, 2023, at 9:00 a.m., at Department of Labor and Industries (L&I) Tukwila Office, 12806 Gateway Drive South, Tukwila, WA 98168. The in-person hearing starts at 9:00 a.m. and will continue until all oral comments are received.

Date of Intended Adoption: August 1, 2023.

Submit Written Comments to: Alicia Curry, L&I, Field Services and Public Safety, P.O. Box 44400, Olympia, WA 98504-4400, email Alicia.Curry@Lni.wa.gov, fax 360-902-6134, by 5 p.m. on June 13, 2023.

Assistance for Persons with Disabilities: Contact Alicia Curry, phone 360-902-6244, fax 360-902-6134, email Alicia.Curry@Lni.wa.gov, by May 24, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to propose amendments to the elevator rules under chapter 296-96 WAC. The elevator program reviewed the existing rules and new safety codes from the 2019 edition of the American Society of Mechanic Engineers (ASME) A17.1/CSA B44 - 2019, Safety Code for Elevators and Escalators, and other related codes. The review process included an opportunity for elevator stakeholders to participate in the review of the existing rules, submit proposals for amendments, and provide recommendations to L&I on proposals. A technical advisory committee (TAC), consisting of multiple industry representatives, and the Elevator Safety Advisory Board (ESAC) reviewed the proposals and provided advice to L&I on adoption of the rules.

This rule making proposes amendments to adopt new safety codes, along with updates, clarification, housekeeping, and other amendments recommended by stakeholders, TAC, ESAC, and L&I to improve public safety.

Proposed rules to this chapter are as follows:

Amended Sections:

WAC 296-96-02650 Additional required on-site documentation.

Repealed Sections:

Reasons Supporting Proposal: This rule making proposes amendments based on recommendations from the elevator program, TAC, and ESAC identified during the rule development process. This rule making is needed to update the rules with the latest safety code requirements, so Washington state is consistent with the national consensus codes that govern conveyances. ASME A17.1/B44 CSA is the recognized safety standard for the elevator industry and is adopted throughout North America. The ASME standards address both new and existing elevators, escalators, dumbwaiters, moving walks, material lifts, platform lifts, and stairway chairlifts and provides requirements applying to the design, construction, installation, operation, testing, inspection, maintenance, alteration, and repair of these conveyances. The purpose of the safety codes and standards are to enhance public health and safety. Additionally, other amendments to this chapter are needed to bring the rules up-to-date and to adopt amendments requested by stakeholders.

Statutory Authority for Adoption: RCW 70.87.030.

Statute Being Implemented: Chapter 70.87 RCW.

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: Gerald Brown, Program Manager, Tumwater, WA, 360-999-0592; Implementation and Enforcement: Steve Reinmuth, Assistant Director, Tumwater, WA, 360-902-6348.

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

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Alicia Curry, L&I, Field Services and Public Safety, P.O. Box 44400, Olympia, WA 98504-4400, phone 360-902-6244, fax 360-902-6134, email Alicia.Curry@Lni.wa.gov.

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; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.

Explanation of exemptions: See explanation in Section 2 below.

Scope of exemption for rule proposal:

Is partially exempt:

Explanation of partial exemptions:

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. L&I identified the following amendments that would impose new or additional costs on affected businesses.

Rule overview: This change clarifies that L&I's interpretation of RCW 70.87.200 (1)(b) does not include construction personnel hoists and material hoists covered by ANSI/ASSP A10.4 and A10.5 and is an interpretive rule under RCW 34.05.328 (5)(c)(ii) which does not subject anyone to a penalty or cost.

Rule overview: This change establishes the definition of "Machine room less (MRL elevator)" and is an interpretive rule under RCW 34.05.328 (5)(c)(ii) which does not subject anyone to a penalty or cost.

Rule Overview: This change deviates from the national code under ASME A17.1 by requiring hoistwayless elevators to have the same standards as hoistway elevators for an auxiliary disconnect. The change now requires an additional location for the disconnecting means to allow for safely disconnecting the power without having to get into the elevator.

Rule Overview: Creates a definition of "code data plate" and adds this to the signage requirement for WAC material lifts.

Rule Overview: This change adds new requirements to provide for safer access to roof doors leading to elevator machine rooms. Some access to roof areas are currently provided with wooden ladders, which do not comply with ANSI A14.3. The proposed language makes allowances where a stair or collapsible stair is not feasible.

The industries listed in the table below are the ones most likely to be affected by the proposed rule amendments. Businesses in the 238291 and 238292 NAICS categories will be required to install a second disconnect switch when installing hoistwayless elevators, but the added cost will be passed on to the elevator owner. Businesses in the 454110 and 455211 NAICS categories will absorb the cost of the new data plates required on WAC material lifts.

Costs: The new language creates a cost for installing an additional disconnect switch. The estimated average cost for this installation is $25 per unit and less than one hour of labor at $75 per hour. Less than 20 hoistwayless elevators are installed each year. Therefore, the total cost of this requirement to the industry is estimated to be $2,000 or less per year. Hoistwayless elevators are exclusively used in residential homes. Therefore, this cost becomes a consumer expenditure and none of the cost remains with the industry.

Costs: This is a new requirement that applies to new WAC material lifts only, and there will be a cost for procurement of the data plates for these conveyances. It is estimated that on average, less than 20 such lifts would be installed each year in the state and the data plates are estimated to cost $10 each. Since no attachment method is specified, the labor cost for installation will be minimal. Therefore, the total cost of this requirement to the industry is estimated to be $200 or less per year.

Costs: This new language creates a cost for the replacement of fixed wooden ladders. The minimum requirement is that the wooden ladder be replaced with a noncombustible ladder. The estimated cost for replacement of the wooden ladders is $300 to $500 each.

As analyzed above, the cost of additional disconnect switches would ultimately be passed on to the owners of residential elevators. Therefore, the changes in WAC 296-96-02715 present no cost to any businesses. WAC material lifts are installed in large warehouse facilities. It is reasonable to assume that, on average, any one business would install one such lift per year. Given the cost of $10 for each data plate required with such a lift under WAC 296-96-05210(2), the annual per-business cost is $10. In addition, WAC 296-96-23102 creates a cost for the purchase of noncombustible ladders. The cost of these ladders is $300 to $500 each. The replacement will be required as current ladders become unfit. Therefore, it is reasonable to assume that building owners will, on average, replace one per year at a cost of $500 or less.

When compared to the minor-cost threshold (one percent of annual payroll), the average per-business cost of these proposed rule amendments is far below the threshold for affected businesses discussed above. Therefore, a small business economic impact statement is not required for this rule making pursuant to RCW 19.85.030(1), and the information provided above is sufficient to fulfill the requirements in the Regulatory Fairness Act (chapter 19.85 RCW).

May 2, 2023

Joel Sacks

Director

OTS-3924.8

The following sections of the Washington Administrative Code are repealed: