AN
ACT Relating to inspection requirements for private residence conveyances; and
amending RCW 70.87.010 and 70.87.120.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.87.010 and 1983 c 123 s 1 are each amended to read as follows:
For
the purposes of this chapter, except where a different interpretation is
required by the context:
(1)
"Owner" means any person having title to or control of a conveyance,
as guardian, trustee, lessee, or otherwise;
(2)
"Conveyance" means an elevator, escalator, dumbwaiter, belt
moonlight, automobile parking elevator, or moving walk, all as defined in this
section;
(3)
"Existing installations" means all conveyances for which plans were
completed and accepted by the owner, or for which the plans and specifications
have been filed with and approved by the department before June 13, 1963, and
work on the erection of which was begun not more than twelve months thereafter;
(4)
"Elevator" means a hoisting or lowering machine equipped with a car
or platform that moves in guides and serves two or more floors or landings of a
building or structure;
(a)
"Passenger elevator" means an elevator (i) on which passengers are
permitted to ride and (ii) that may be used to carry freight or materials when
the load carried does not exceed the capacity of the elevator;
(b)
"Freight elevator" means an elevator (i) used primarily for carrying
freight and (ii) on which only the operator, the persons necessary for loading
and unloading, and other employees approved by the department are permitted to
ride;
(c)
"Sidewalk elevator" means a freight elevator that: (i) Operates
between a sidewalk or other area outside the building and floor levels inside
the building below the outside area, (ii) has no landing opening into the
building at its upper limit of travel, and (iii) is not used to carry
automobiles;
(5)
"Escalator" means a power-driven, inclined, continuous stairway used
for raising and lowering passengers;
(6)
"Dumbwaiter" means a hoisting and lowering mechanism equipped with a
car (a) that moves in guides in a substantially vertical direction, (b) the
floor area of which does not exceed nine square feet, (c) the inside height of
which does not exceed four feet, (d) the capacity of which does not exceed five
hundred pounds, and (e) that is used exclusively for carrying materials;
(7)
"Automobile parking elevator" means an elevator: (a) Located in
either a stationary or horizontally moving hoistway; (b) used exclusively for
parking automobiles where, during the parking process, each automobile is moved
either under its own power or by means of a power-driven transfer device onto
and off the elevator directly into parking spaces or cubicles in line with the
elevator; and (c) in which no persons are normally stationed on any level
except the receiving level;
(8)
"Moving walk" means a passenger carrying device (a) on which
passengers stand or walk and (b) on which the passenger carrying surface
remains parallel to its direction of motion;
(9)
"Belt manlift" means a power driven endless belt provided with steps
or platforms and a hand hold for the transportation of personnel from floor to
floor;
(10)
"Department" means the department of labor and industries;
(11)
"Director" means the director of the department or his or her
representative;
(12)
"Inspector" means an elevator inspector of the department or an
elevator inspector of a municipality having in effect an elevator ordinance
pursuant to RCW 70.87.200;
(13)
"Permit" means a permit issued by the department to construct,
install, or operate a conveyance;
(14)
"Person" means this state, a political subdivision, any public or
private corporation, any firm, or any other entity as well as an individual;
(15)
"One-man capacity manlift" means a single passenger, hand-powered
counterweighted device, or electric-powered device, that travels vertically in
guides and serves two or more landings;
(16)
"Private residence conveyance" means a conveyance installed in or on
the premises of a single-family dwelling and operated for transporting persons
or property from one elevation to another.
Sec.
2. RCW
70.87.120 and 1993 c 281 s 61 are each amended to read as follows:
(1)
The department shall appoint and employ inspectors, as may be necessary to
carry out the provisions of this chapter, under the provisions of the rules
adopted by the Washington personnel resources board in accordance with chapter
41.06 RCW.
(2)(a)
Except as provided in (b) of this subsection, the department shall cause
all conveyances to be inspected and tested at least once each year. Inspectors
have the right during reasonable hours to enter into and upon any building or
premises in the discharge of their official duties, for the purpose of making
any inspection or testing any conveyance contained thereon or therein.
Inspections and tests shall conform with the rules adopted by the department.
The department shall inspect all installations before it issues any initial
permit for operation. Permits shall not be issued until the fees required by
this chapter have been paid.
(b)(i)
Private residence conveyances operated exclusively for single-family use shall
be inspected and tested only when required under RCW 70.87.100 or as necessary
for the purposes of subsection (4) of this section.
(ii)
The department may perform additional inspections of a private residence
conveyance at the request of the owner of the conveyance. Fees for these
inspections shall be in accordance with the schedule of fees adopted for
operating permits pursuant to RCW 70.87.030. An inspection requested under
this subsection (2)(b)(ii) shall not be performed until the required fees have
been paid.
(3)
If inspection shows a conveyance to be in an unsafe condition, the department
shall issue an inspection report in writing requiring the repairs or
alterations to be made to the conveyance that are necessary to render it safe
and may also suspend or revoke a permit pursuant to RCW 70.87.125 or order the
operation of a conveyance discontinued pursuant to RCW 70.87.145.
(4) The department may investigate accidents and alleged or
apparent violations of this chapter.
