WSR 00-14-041

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed June 30, 2000, 9:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-13-124.

Title of Rule: All rules relating to elevators and other conveyances (chapters 296-81, 296-82, 296-84, 296-85, 296-87, 296-89, 296-91, 296-93A, 296-94, 296-95, and 296-100 WAC).

Purpose: Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-16 issue of the Register.

Statutory Authority for Adoption: RCW 70.87.020, 70.87.030, 70.87.034, 70.87.120, 70.87.185, and 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: Rich Atkinson, 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. These rules are exempt from the small business economic impact statement requirements because the purpose of these rules is to:

Rewrite, reorganize, and combine all of the existing rules relating to elevators and other conveyances in one location and in a more usable format as directed in the department's August 1997 rule review plan (in response to the Governor's Executive Order 97-02 on regulatory improvement) in order to make them easier to understand;
Make clarifying and housekeeping changes;
Adopt either by reference or without material change national consensus codes;
Separate the requirements for inclined private residence conveyances for transporting people and property into two parts - inclined private residence elevators for transporting person(s) and inclined private residence elevators for transporting property in order to clarify the differences and provide the appropriate level of safety for the two different types of elevators;
Implement requirements authorized by statute (e.g. specified when inspections of private residence conveyances are performed and when they are not necessary and implement a penalty structure for failure to notify corrections on all conveyances); and
Incorporate necessary policy (and current practice) into rule as directed by the Governor's Executive Order 97-02 on regulatory improvement.

RCW 34.05.328 does not apply to this rule adoption. This rule making was a comprehensive clear rule write of all the rules relating to elevators and other conveyances. The purpose of this rule making is to:

Rewrite, reorganize, and combine all of the existing rules relating to elevators and other conveyances in one location and in a more usable format as directed in the department's August 1997 rule review plan (in response to the Governor's Executive Order 97-02 on regulatory improvement) in order to make them easier to understand;
Make clarifying and housekeeping changes;
Adopt either by reference or without material change national consensus codes;
Separate the requirements for inclined private residence conveyances for transporting people and property into two parts - inclined private residence elevators for transporting person(s) and inclined private residence elevators for transporting property in order to clarify the differences and provide the appropriate level of safety for the two different types of elevators;
Implement requirements authorized by statute (e.g. specified when inspections of private residence conveyances are performed and when they are not necessary and implement a penalty structure for failure to notify corrections on all conveyances); and
Incorporate necessary policy (and current practice) into rule as directed by the Governor's Executive Order 97-02 on regulatory improvement.
Significant rule-making criteria does not apply to these rule changes because the exempt criteria outlined in RCW 34.05.328(5) was met.

Hearing Location: Department of Labor and Industries, Tukwila Service Location, 12806 Gateway Drive, Tukwila, WA 98168-1050, on September 5, 2000, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Josh Swanson by September 1, 2000, at (360) 902-6411.

Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, swaj235@lni.wa.gov, fax (360) 902-5292, by September 12, 2000. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: October 20, 2000.

June 30, 2000

Gary Moore

Director

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-16 issue of the Register.

Washington State Code Reviser's Office