WSR 14-01-089 PROPOSED RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed December 17, 2013, 10:08 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-17-102.
Title of Rule and Other Identifying Information: Amending the elevator fees, chapter 296-96 WAC, Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances.
Hearing Location(s): Department of Labor and Industries (L&I), 7273 Linderson Way S.W., Room S119, Tumwater, WA 98501, on January 22, 2014, at 1:00 p.m. For directions to the L&I office, see http://www.lni.wa.gov/Main/ContactInfo/OfficeLocations/.
Date of Intended Adoption: February 26, 2014.
Submit Written Comments to: Alicia Curry, P.O. Box 44400, Olympia, WA 98504-4400, e-mail Alicia.Curry@Lni.wa.gov, fax (360) 902-5292, by 5 p.m. on January 22, 2014.
Assistance for Persons with Disabilities: Contact Alicia Curry by January 13, 2014, at Alicia.Curry@Lni.wa.gov or (360) 902-6244.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: L&I was given the authority by 3ESSB Bill 5034, which passed the legislature in 2013, to increase the elevator fees by 13.1 percent.
Reasons Supporting Proposal: The elevator program's budget and projected revenue were evaluated and the 13.1 percent fee increase is necessary to support the program's expenditures which includes the addition of six new full-time employees (five inspectors and one technical specialist) as requested by the department.
For more information on this rule making, visit the L&I web site at http://www.lni.wa.gov/TradesLicensing/Rules/ByTrade/Elevator/default.asp or contact the individual below. Interested parties can sign up for e-mail updates at http://www.lni.wa.gov/Main/ContactInfo/TradesLicensing/Elevators.asp.
Statutory Authority for Adoption: Chapter 70.87 RCW and chapter 4, Laws of 2013 (3ESSB 5034).
Statute Being Implemented: Chapter 70.87 RCW and chapter 4, Laws of 2013 (3ESSB 5034).
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: Jack Day, Tumwater, Washington, (360) 902-6128; Implementation and Enforcement: Jose Rodriguez, Tumwater, Washington, (360) 902-6348.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
EXECUTIVE SUMMARY: The elevator program within L&I is proposing rule changes under chapter 296-96 WAC, Part B and Part B-1, regarding the safety regulation and fees for elevator and all other conveyances in the state of Washington. In this rule making, the program is proposing a 13.1 percent fee increase for all elevator related services, with the exception of the elevator penalty fees. The rate of increase was approved by ESSB [3ESSB] 5034 in the 2013 legislative session.
According to the Regulatory Fairness Act (RFA), RCW 19.85.030, an agency shall prepare a small business economic impact statement (SBEIS): (i) If the proposed rule will impose more than minor costs on businesses in an industry; or (ii) if requested to do so by a majority vote of the joint administrative rules review committee within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320. This report is prepared to determine whether the proposed elevator fee increases will impose more than minor costs and, if yes, whether the rule will impose disproportionate impact on small businesses.
Section 2 contains the results with regard to the comparison of costs in various elevator fees. Based on these analyses, the department concludes the proposed fee increases will not impose disproportionate impact on small businesses. In addition, the proposed rule as a whole will impose no more than minor costs1 on the affected businesses. Therefore, an SBEIS is not required and this document is prepared for general information purposes only.
A complete copy of the statement may be obtained by contacting Alicia Curry, Legislative and Rules Coordinator, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6244, fax (360) 902-5292, e-mail Alicia.Curry@Lni.wa.gov.
1Minor cost is defined under RCW 19.85.020 as a cost per business that is less than three-tenths of one percent of annual revenue or income, or one hundred dollars, whichever is greater, or one percent of annual payroll. It is evident that the cost per business as a result of these fee increases is much smaller than three-tenths of one percent of annual income or one percent of annual payroll of the affected businesses.
A copy of the statement may be obtained by contacting Alicia Curry, Legislative and Rules Coordinator, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6244, fax (360) 902-5292, e-mail Alicia.Curry@Lni.wa.gov. This rule is exempt from the SBEIS because the proposed changes will impose no more than minor costs on businesses in the affected industry and the agency was not requested to do so by the joint administrative rules review committee (see RCW 19.85.030(1)). An SBEIS document was prepared for general information purposes only.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Alicia Curry, Legislative and Rules Coordinator, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6244, fax (360) 902-5292, e-mail Alicia.Curry@Lni.wa.gov. RCW 34.05.328 applies to the proposed rule pursuant to RCW 34.05.328 (5)(a)(i) as a significant legislative rule of L&I.
December 17, 2013
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-00922 What are the fees associated with licensing?
The following are the department's elevator license fees:
AMENDATORY SECTION (Amending WSR 07-24-041, filed 11/30/07, effective 1/1/08)
WAC 296-96-01005 When do I need and what are the steps in obtaining a permit?
(1) See WAC 296-96-01000 for the permit process. (2) Construction and alteration permits are valid for one year from the date of issue. However, permits may be renewed if you: (a) Apply for a renewal permit before your current permit expires; (b) The department approves your request for a renewal permit; and (c) You pay a $((51.60)) 58.30 renewal fee to the department for each permit you renew; (3) If your permit has expired you must reapply for a new permit. (4) See WAC 296-96-01006 for work requiring a permit.
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01010 What are the installation permit fees for conveyances, material lifts, and hoists and how are they calculated?
Installation permit fees are based on the total cost of the conveyance and the labor to install the conveyance. The following permit fees apply to the construction or relocation of all conveyances and material lifts:
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01012 What are the permit fees for alterations to conveyances, material lifts, and hoists and how are they calculated?
Permit fees are based on the total cost of the equipment, materials and labor to perform the alteration. The following permit fees apply to the alteration of all conveyances and material lifts:
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01025 What is the permit fee for personnel and material hoists?
The fee for each personnel hoist or material hoist installation is. . . .$((228.40)) 258.30 See WAC 296-96-01035(2) for requirements for jumps.
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01027 Are initial installation permit fees refundable?
Your initial installation permit fees are refundable if the installation work has not been performed, minus a processing fee, unless your permits have expired. No refunds will be issued for expired permits. All requests for refunds must be submitted in writing to the elevator section and must identify the specific permits and the reasons for which the refunds are requested. The processing fee for each refund is. . . .$((34.10)) 38.50
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01030 What is the process for installation and alteration plan approval?
Prior to the start of construction, the applicant must submit to the department for approval two copies of plans for new installations or major alterations. To be approved, the plan must comply with the latest adopted edition of the American Society of Mechanical Engineers (ASME), the National Electrical Code (NEC) and applicable Washington Administrative Codes (WAC). In addition, the plans must include all information necessary in determining whether each installation/alteration complies with all applicable codes. The permit holder must keep a copy of the approved plan on the job site until the department has witnessed all acceptance tests. Any alterations to the approved plan must be submitted to the department for approval before a final inspection will be conducted. The nonrefundable fees for reviewing your plans are: For each installation/major alteration. . . .$((28.30)) 32.00 If more than two sets of plans are submitted, the fee for each additional set. . . .$((11.20)) 12.60
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01035 Are there inspection fees?
Yes. The initial inspection(s) of a conveyance or for the initial inspection of construction, alteration or relocation of a conveyance is included with your permit fee. Once the department has approved the initial installation of the conveyance you will be issued a temporary operating certificate that is valid for 30 days. Prior to the expiration of the 30-day temporary operating certificate the application for an annual operating certificate and the appropriate fees must be paid to the department. Once the department has received the appropriate fees and application the owner will be issued the first annual operating certificate. The owner or owners' representative will receive an invoice from the department for renewal. The owner is required to renew the annual operating certificate yearly. The following inspections require an additional inspection fee: (1) Reinspection. If a conveyance does not pass an initial inspection and an additional inspection is required, the fee for each reinspection of a conveyance is $((114.10)) 129.00 per conveyance plus $((55.40)) 62.60 per hour for each hour in addition to the first hour. The department may waive reinspection fees. (2) Inspecting increases in the height (jumping) of personnel and material hoists. The fee for inspecting an increase in the height (jumping) of each personnel hoist or material hoist is $((114.10)) 129.00 plus $((56.90)) 64.30 per hour for each hour in addition to 2 hours. This fee is for inspections occurring during regular working hours. The permit holder may be allowed to operate a hoist prior to the jump inspection if: (a) The electrical limits will not allow the lift to operate above the previously inspected landing. (b) The state elevator inspector is contacted, agrees and can schedule within 3 days. (3) Variance inspections. (a) The fee for an on-site variance inspection is $((171.20)) 193.60 per conveyance plus $((56.90)) 64.30 per hour for each hour in addition to 2 hours. This fee is for inspections occurring during regular working hours. (b) The fee for a variance that does not require an on-site inspection is $((56.90)) 64.30 per conveyance. The individual requesting the variance must provide the department with pictures, documentation, or other information necessary for the department to review the variance. The department may conduct an on-site variance inspection to verify the information provided or if it determines that an inspection is necessary. If an on-site variance inspection is performed, the fees in (a) of this subsection will apply. (4) "Red tag" status fee. The annual fee for a conveyance in "Red tag" status is $((28.30)) 32.00.
(5) Decommission inspection. The fee for performing a decommission inspection is $((56.90)) 64.30. Once the decommission inspection has been performed and approved, the conveyance will no longer require annual inspections until such time that the conveyance is brought back into service. Prior to operating the conveyance, a new inspection and annual operating permit must be obtained. (6) Voluntary inspections by request. The owner or potential purchaser of a building within the department's jurisdiction may request a voluntary inspection of a conveyance. The fee for this inspection will be $((114.10)) 129.00 per conveyance and $((56.90)) 64.30 per hour for each hour in addition to 2 hours plus the standard per diem and mileage allowance granted to department inspectors. The owner/potential purchaser requesting the voluntary inspection will not be subject to any penalties based on the inspector's findings.
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01040 What is the fee for testing and inspecting regular elevators used as temporary elevators to provide transportation for construction personnel, tools, and materials only?
(1) The fee for the inspecting and testing of regular elevators used as temporary elevators is $((91.20)) 103.10, in addition to any other fees required in this chapter. This fee purchases a 30-day temporary use permit that may be renewed at the department's discretion. (2) When this temporary use permit is purchased, a notice declaring that the equipment has not received final approval from the department must be conspicuously posted in the elevator.
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01045 What are the inspection requirements and fees for conveyances in private residences?
(1) Chapter 70.87 RCW requires the department to inspect all new, altered or relocated conveyances operated exclusively for single-family use in private residences. Prior to installation, a licensed elevator contractor must complete a permit application as described in WAC 296-96-01005 and pay the appropriate fee listed in WAC 296-96-01010. (2) Chapter 70.87 RCW allows the department to inspect conveyances operated exclusively for single-family use in private residences when the department is investigating an accident or an alleged or apparent violation of the statute or these rules. (3) No annual inspection and operating certificate is required for a private residence conveyance operated exclusively for single-family use unless the owner requests it. When an owner requests an inspection and an annual operating certificate, the following fee must be paid prior to an inspection:
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01050 How do I get a supplemental inspection?
Any person, firm, corporation or governmental agency can request a supplemental inspection from the department by paying a fee of $((68.40)) 77.30 per hour (including travel time) plus the standard per diem and mileage allowance granted to department inspectors. This fee is for inspections occurring during regular working hours.
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01055 Are technical services available and what is the fee?
You may request elevator field technical services from the department by paying a fee of $((68.40)) 77.30 per hour (including travel time) 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.
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01057 Does the department charge a fee to perform investigations and what is the fee?
An elevator inspector may charge at a rate of $((68.40)) 77.30 per hour (including travel time) plus the standard per diem and mileage allowance granted to department inspectors. These services shall include accident investigation relating to any and all accidents. This fee would include an inspection as required during the accident investigation.
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01060 Can I request an after-hours inspection and what is the fee?
You may request an inspection outside of normal business 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. The minimum fee for an after-hours inspection is $((85.40)) 96.50 and $((85.40)) 96.50 per hour for each hour in addition to the first 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.
AMENDATORY SECTION (Amending WSR 12-06-065, filed 3/6/12, effective 4/30/12)
WAC 296-96-01065 What are the annual operating certificate fees?
An annual operating certificate will be issued to you upon payment of the appropriate fee. The owner of record will be invoiced by the department. If a change of owner has occurred, it is the new owner's responsibility to ensure the department has the corrected information. Below is the fee structure table:
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