WSR 98-07-094

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed March 18, 1998, 10:05 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-144

Title of Rule: 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 and chapter 296-81 WAC, Safety rules governing elevators, dumbwaiters, escalators, and lifting devices--Moving walks

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 proposed 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, are made to comply with RCW 34.05.220(5). Consequently, clear rule writing techniques have been used to rewrite the entire chapter. Following the recommendation of the Office of Code Reviser, chapter 296-86 WAC has been repealed in its entirety and replaced with chapter 296-86A WAC, Regulations and fees for all elevators, dumbwaiters, escalators and other lifting devices. The following sections of chapter 296-86 WAC have been repealed: WAC 296-86-010 Permits for construction, alteration, relocation of installations, 296-86-020 Construction and alteration fees, 296-86-030 Installation fee for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 fee, 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.

Chapter 296-86A WAC, Regulations and fees for all elevators, dumbwaiters, escalators and other lifting devices, state-initiated proposed clear rule writing amendments to chapter 296-86A WAC are made 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.

Remove outdated and redundant language to make the sections easier to read.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 have been written in a clear rule writing style.

In addition to clear rule writing chapter 296-86A WAC, all fees in the chapter have been 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 proposed fee increases are necessary to help off-set the projected inflationary growth in the elevator program's operating costs for fiscal year 1998. Also, several new fees are being proposed. These new fees either cover the cost of program services previously provided without charge or they establish annual operating permit fees for new types of conveyances now being used by department customers.

Other state-initiated amendments, including the proposed 4.05% general fee increase and proposed new fees, are:

WAC 296-86A-010 Do I need a permit to construct, alter or relocate a conveyance? State-initiated proposed amendments are made to 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.

WAC 296-86A-020 When I apply for my construction, alteration or relocation permit, what permit fees will I have to pay? State-initiated proposed amendments are made to increase permit fees by 4.05% rounded down to the nearest quarter of a dollar.

WAC 296-86A-025 When I apply for my material lift installation, alteration or relocation permit, what permit fees will I have to pay? State-initiated proposed amendments are made to increase permit fees by 4.05% rounded down to the nearest quarter of a dollar.

WAC 296-86A-028 Are the construction and alteration permit fees that I pay refundable? State-initiated proposed amendments are made to:

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

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

WAC 296-86A-030 What installation permit fees will I have to pay for personnel and material hoists? State-initiated proposed amendments are made to increase permit fees by 4.05% rounded down to the nearest quarter of a dollar.

WAC 296-86A-040 Do I need to submit my plans for new installations and alterations to the department for approval? State-initiated proposed amendments are made to:

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 Codes (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 all acceptance tests have been witnessed by the department.

Emphasize that any alterations to approved plans must be approved by the department 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.

WAC 296-86A-060 What annual operating permit fees will I have to pay? State-initiated proposed amendments are made to:

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."

WAC 296-86A-065 Can I replace annual operating permits that have been damaged, lost or stolen? State-initiated proposed amendments are made to:

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

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

WAC 296-86A-070 Can I obtain a supplemental inspection from the department? State-initiated proposed amendments are made to increase supplemental inspection fees by 4.05% rounded down to the nearest quarter of a dollar.

WAC 296-86A-073 Can I obtain technical services from the department's elevator section? State-initiated proposed amendments are made to:

Provide technical services to the industry.

Establish a fee for these technical services.

Emphasize that technical services do not include inspections.

WAC 296-86A-074 Can I request an inspection outside of the department's normal work hours? State-initiated proposed amendments are made to:

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.

WAC 296-86A-075 Do I pay a fee when my conveyance is inspected? State-initiated proposed amendments are made to:

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.

WAC 296-86A-080 Is there a fee for inspecting regular elevators used as temporary personnel elevators? State-initiated proposed amendments are made to increase this inspection fee by 4.05% rounded down to the nearest quarter of a dollar and clarify the use of this temporary permit.

Chapter 296-81 WAC, Safety rules governing elevators, dumbwaiters, escalators, and lifting devices--Moving walks. WAC 296-81-007 National Elevator Code adopted. State-initiated proposed amendments are made 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

Statutory Authority for Adoption: Chapter 70.87 RCW

Summary: See Purpose above

Reasons Supporting Proposal: See Purpose above

Name of Agency Personnel Responsible for Drafting: Jan Gould, Tumwater, Washington, (360) 902-6128; Implementation and Enforcement: Ernie LaPalm, Tumwater, Washington, (360) 902-5329

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 department does not consider the economic impact of the proposed rule amendments to be a more than minor economic impact on business. Therefore, the preparation of a comprehensive Small Business Economic Impact Statement is not required.

RCW 34.05.328 applies to this rule adoption. RCW 34.05.328 does apply to this rule adoption because the proposed rule amendments to chapter 296-86 WAC amend a significant regulatory program and will have a financial impact on the public that they regulate. The amendment to chapter 296-81 WAC is merely a code update.

Hearing Location: Spokane Public Works Building, County Commissioners Assembly Room (lower level), 1026 West Broadway, Spokane, WA, on April 23, 1998, at 1:30 p.m.; and at the Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on April 24, 1998, at 1:30 p.m

Assistance for Persons with Disabilities: Contact George Huffman, by April 13, 1998, TDD (360) 902-5797, or (360) 902-6411

Submit Written Comments to: Jan Gould, Chief Elevator Inspector, Department of Labor and Industries, Specialty Compliance Services Division, Elevator Section, P.O. Box 44480, Olympia, WA 98504-4480, by 5:00 p.m. on May 1, 1998.

In addition to written comments, the department will accept comments submitted to FAX (360) 902-6132 by 5:00 p.m. on May 1, 1998. Comments submitted by FAX must be ten pages or less

Date of Intended Adoption: May 29, 1998

March 18, 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:

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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:

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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:

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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.

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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:

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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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