LABOR AND INDUSTRIES

[Filed August 5, 2025, 9:10 a.m.]

Continuance of WSR 25-12-088.

Preproposal statement of inquiry was filed as WSR 25-08-062.

Title of Rule and Other Identifying Information: Elevator fees; chapter 296-96 WAC, Safety regulations and fees for all elevators, dumbwaiters, escalators and other conveyances.

Hearing Location(s): On September 11, 2025, at 9:00 a.m., at the Department of Labor and Industries (L&I), 7273 Linderson Way S.W., Tumwater, WA 98501; or join electronically at https://lni-wa-gov.zoom.us/j/84913351479?pwd=80QKbDbQuoZnhCR3EsdIPgTLzdeh0Z.1, Passcode ElevPH!2; or join by phone (audio only) 253-215-8782, Meeting ID 849 1335 1479, Passcode 22496771. The in-person and virtual/telephonic hearing starts at 9:00 a.m. and will continue until all oral comments are received.

Date of Intended Adoption: September 30, 2025.

Submit Written Comments to: Meagan Edwards, L&I, Field Services and Public Safety Division, P.O. Box 44400, Olympia, WA 98504-4400, email Meagan.Edwards@Lni.wa.gov, fax 360-704-1980, beginning August 6, 2025, at 8:00 a.m., by September 11, 2025, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Meagan Edwards, phone 360-522-0125, fax 360-704-1980, email Meagan.Edwards@Lni.wa.gov, by August 28, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this continuance is to extend the public comment period and hold a second public hearing for changes under chapter 296-96 WAC, Safety regulations and fees for all elevators, dumbwaiters, escalators, and other conveyances. L&I filed a CR-102 Proposal on June 3, 2025 (WSR 25-12-088). A hybrid public hearing was held on July 8, 2025, with written comments accepted through July 8, 2025. During the process, some stakeholders did not receive notice of the CR-102 filing. The continuance extends the opportunity for public comment.

Proposed rule amendments to this chapter are as follows:

WAC 296-96-01085 Permit and inspection fees.


•	Creates a new section to consolidate the existing permit and inspection fees relocated from WAC 296-96-01005, 296-96-01010, 296-96-01025, 296-96-01027, 296-96-01030, 296-96-01035, 296-96-01040, 296-96-01045, 296-96-01055, 296-96-01057, 296-96-01060, and 296-96-01065.
•	Increases the existing fees by the fiscal growth factor of 6.41 percent.

WAC 296-96-00922 Licensing fees.


•	Increases the existing fees by the fiscal growth factor of 6.41 percent.

WAC-296-96-01005 Obtaining permits.


•	Removes and relocates the permit renewal fee to new section.
•	Adds new language to clarify the location of the fee.

WAC 296-96-01030 Plan approval.


•	Removes and relocates the application processing fee to new section.

WAC 296-96-01035 Inspection fees.


•	Adds clarifying language for locating the fees.
•	Removes and relocates the fees to new section.
•	Amends the rule for general housekeeping, such as title and subheader changes, grammatical corrections, and renumbering subsections.

WAC 296-96-01040 Construction-use inspection fee.


•	Amends the title to clarify content.
•	Adds clarifying language that contractors may apply for construction use permits in writing.
•	Removes and relocates the fees to new section.
•	Amends language to clarify existing requirements for renewal of 30-day temporary use permits.

WAC 296-96-01045 Residential elevator inspection and fees.


•	Removes and relocates the fees to new section.
•	Amends the rule for general housekeeping, such as title change, reference update, punctuation, and sentence structure.

WAC 296-96-01055 Technical services and consultations.


•	Removes and relocates the fees to new section.

WAC 296-96-01057 Accident investigations.


•	Removes and relocates the fees to new section.

WAC 296-96-01060 Inspections after normal business hours.


•	Removes and relocates the fees to new section.
•	Adds new language to clarify the existing requirement that applicable fee for inspection after normal business hours must be preapproved by L&I.

WAC 296-96-01065 Annual operating permit fees.


•	Removes and relocates the fees to new section.
•	Amends the rule for general housekeeping, such as title change and sentence structure.

WAC 296-96-01010 Installation and alteration permit fees.


•	Repeals the rule, as language is relocated to new section.

WAC 296-96-01025 Permit fees for personnel and material hoists.


•	Repeals the rule, as language is relocated to new section.

WAC 296-96-01027 Permit fee refunds.

Reasons Supporting Proposal: The fee increases are necessary to support the operating expenses of the elevator program, as current fee levels are not adequate to cover current program expenses. Additional amendments are necessary to help simplify the rules and make the fees easier to locate.


•	Repeals the rule, as language is relocated to new section.

Statutory Authority for Adoption: Chapter 70.87 RCW.

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, Washington, 360-999-0592; Implementation and Enforcement: Steve Reinmuth, Assistant Director, Tumwater, Washington, 360-902-6348.

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

A cost-benefit analysis is not required under RCW 34.05.328. The rules are exempt from the cost-benefit analysis requirement under the Administrative Procedure Act. Specifically, RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045. RCW 34.05.328 (5)(b)(iv) exempts rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

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 only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-00922Licensing fees.

The following are the department's elevator license fees:

Type of Fee	Period Covered by Fee	Dollar Amount of Fee
Elevator contractor/mechanic application fee (not required for renewal of valid license)	Per application	$((86.70))92.20
Elevator contractor/ mechanic examination fee	Per application	$((261.70))278.40***
Reciprocity application fee	Per application*	$((86.70))92.20
Elevator mechanic license	2 years	$((174.30))185.40
Elevator contractor license	2 years	$((174.30))185.40
Temporary elevator mechanic license application fee (not required for renewal)	Per application	$((86.70))92.20
Temporary elevator mechanic license	1 year	$((174.30))185.40
Emergency elevator mechanic license	30 days	$((43.00))45.70
Elevator mechanic/contractor timely renewal fee	2 years	$((174.30))185.40
Elevator mechanic/contractor late renewal fee	2 years	$((349.20))371.50
Temporary elevator mechanic timely renewal fee	1 year	$((174.30))185.40
Temporary elevator mechanic late renewal fee	1 year	$((349.20))371.50
Training provider application/renewal fee	2 years	$((174.30))185.40
Continuing education course fee by approved training provider	1 year**	Not applicable
Replacement of any licenses		$((25.80))27.40
Refund processing fee		$((51.90))55.20

*	Reciprocity application is only allowed for applicants who are applying for licensing based upon possession of a valid license that was obtained in state(s) with which the department has a reciprocity.
**	This fee is paid directly to the continuing education training course provider approved by the department.
***	This fee may be collected by an outside vendor for some exams and may differ from the fee shown above.

AMENDATORY SECTION(Amending WSR 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-01005Obtaining permits.

(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:

(a) Application for a renewal permit is submitted before the current permit expires;

(b) The department approves the request for a renewal permit; and

(c) ((A renewal fee of $78.60))The renewal fee required under WAC 296-96-01085 is paid to the department for each permit renewed.

(3) If the permit has expired the applicant shall reapply for a new permit.

(4) See WAC 296-96-01006 for work requiring a permit.

AMENDATORY SECTION(Amending WSR 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-01030Plan approval.

Prior to the start of construction and the issuance of a permit, the applicant shall submit to the department for approval a permit application and plans for new installations or major alterations. To be approved, the plan shall comply with the latest adopted applicable standard and applicable Washington Administrative Code (WAC). In addition, the plans shall include all information necessary to determine whether each installation/alteration complies with all applicable codes. The permit holder shall 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 shall be submitted to the department for approval before a final inspection will be conducted. ((The nonrefundable fees for processing the applications are $43.00 for each installation/major alteration.))

Exception:

Residential incline chair lifts will not require plan review. Equipment shall be listed and labeled by a product testing laboratory which is accredited by the department and plans supplied by the manufacturer shall be on-site. If the equipment is not listed and labeled as per RCW 19.28.010 it shall be field evaluated or replaced with equipment that is listed and labeled by a product testing laboratory which is accredited by the department. The department may request additional information as deemed necessary to determine if lifts comply with current codes and testing standards. Governor overspeed safety testing shall be verified by manufacturer's documentation (see A18.1 Requirement 9.9.3). The test results certified by, a nationally recognized testing laboratory (NRTL). Certification shall be provided at time of application.

AMENDATORY SECTION(Amending WSR 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-01035Inspections((fees)).

The initial inspection of construction, alteration, or relocation of a conveyance is included with the permit fee under WAC 296-96-01085. Once the department has approved the initial installation of the conveyance, a temporary 30-day operating certificate will be issued. Prior to the expiration of the 30-day temporary operating certificate, the application for an annual operating certificate and the appropriate fees shall 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 owner's 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))reinspection is required((, the fee for each reinspection of a conveyance is $174.30 per conveyance plus $84.50 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.(((a) The fee for inspecting an increase in the height (jumping) of each personnel hoist or material hoist is $174.30 plus $86.70 per hour for each hour in addition to two hours. This fee is for inspections occurring during regular working hours.

(b))) The permit holder may be allowed to operate a hoist prior to the jump inspection if:

(((i)))(a) The electrical limits will not allow the lift to operate above the previously inspected landing; and

(((ii)))(b) The state elevator inspector is contacted, agrees and can schedule an inspection within three days.

(3) Variance request application criteria and inspections.(((a) The fee for an on-site variance inspection is $261.70 per conveyance plus $86.70 per hour for each hour in addition to two 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 $86.70 per conveyance.)) The individual requesting the variance shall 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 $43.00.

Note:

The department shall be provided with written approval from the building official, indicating that the conveyance is not required for building occupancy, when applying to have the conveyance placed in voluntary red tag status.

(5)))Decommission inspection.((The fee for performing a decommission inspection is $86.70.)) 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 shall be obtained.

(((6)))(5)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 $174.30 per conveyance and $86.70 per hour for each hour in addition to two 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 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-01040Construction-use inspections((fee)).

(1) The ((fee for the inspecting and testing of elevators used for construction is $139.30, in addition to any other fees required in this chapter.

This fee purchases))elevator contractor may apply for a "construction use permit" in writing. After determination by the department, a 30-day temporary use permit ((that)) may be purchased and 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 shall be conspicuously posted in the elevator.

AMENDATORY SECTION(Amending WSR 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-01045Residential elevator inspections((and fees)).

(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 shall complete a permit application as described in WAC 296-96-01005 and pay the appropriate fee listed in WAC ((296-96-01010))296-96-01085.

(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)) fees shall be paid prior to an inspection((:)).

((TYPE OF CONVEYANCE	FEE
Each inclined stairway chair lift in private residence . . . .	$40.30
Each inclined wheel chair lift in a private residence . . . .	$40.30
Each vertical wheel chair lift in a private residence . . . .	$51.00
Each dumbwaiter in a private residence . . . .	$40.30
Each inclined elevator at a private residence . . . .	$144.80
Each private residence elevator . . . .	$93.20
Duplication of a lost, damaged or stolen operating permit . . . .	$16.80))

AMENDATORY SECTION(Amending WSR 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-01055Technical services and consultations.

A person, firm, corporation, or governmental agency may request elevator field technical services from the department ((by paying a fee of $104.20 per hour or any portion thereof (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 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-01057Accident investigations.

The department shall investigate an injury-related accident reported by the owner or owner's duly authorized agent. ((The department may charge a rate of $104.20 per hour or portion thereof (including travel time) plus the standard per diem and mileage allowance granted to department inspectors.))

AMENDATORY SECTION(Amending WSR 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-01060Inspections after normal business hours.

An inspection outside of normal business hours and business days (i.e., Monday through Friday excluding holidays; 7:00 a.m. to 5:00 p.m.) may be requested under the following conditions:

(1) An inspector is available; and

(2) The inspection is authorized by the department.

(3) The ((minimum fee for an after-hours inspection is $130.40 and $130.40 per hour for each hour in addition to the first hour plus the standard per diem and mileage allowance granted to department inspectors.

(4) This fee is in addition to any other fees required for the project))applicable fee for inspection after normal business hours is preapproved by the department.

AMENDATORY SECTION(Amending WSR 23-21-083, filed 10/17/23, effective 1/1/24)

WAC 296-96-01065Annual operating permits((fees)).

An annual operating certificate will be issued to the building owner upon payment of the appropriate fee. The owner of record shall be invoiced by the department. If a change of ownership has occurred, it is the new owner's responsibility to ensure the department has the corrected information. ((Below is the fee structure table:

TYPE OF CONVEYANCE	FEE
Each hydraulic elevator . . . .	$174.30
Each roped-hydraulic elevator . . . .	$217.80
plus for each hoistway opening in excess of two . . . .	$16.80
Each cable elevator . . . .	$217.80
plus for each hoistway opening in excess of two . . . .	$16.80
Each cable elevator traveling more than 25 feet without an opening—for each 25 foot traveled . . . .	$16.80
Each limited-use/limited-application (—LULA) elevator . . . .	$174.30
Each escalator . . . .	$144.70
Each dumbwaiter in other than a private residence . . . .	$93.20
Each material lift. . . .	$174.30
Each incline elevator in other than a private residence . . . .	$187.40
Each belt manlift . . . .	$174.30
Each stair lift in other than a private residence . . . .	$93.20
Each wheel chair lift in other than a private residence . . . .	$93.20
Each personnel hoist . . . .	$174.30
Each grain elevator personnel lift . . . .	$144.70
Each material hoist . . . .	$174.30
Each special purpose elevator . . . .	$174.30
Each private residence elevator installed in other than a private residence . . . .	$174.30
Each sidewalk freight elevator . . . .	$144.70
Each hand-powered manlift or freight elevator . . . .	$98.00
Each moving walk . . . .	$144.70
Duplication of a damaged, lost or stolen operating permit . . . .	$16.80))

WAC 296-96-01085Permit and inspection fees.

(1) Installation and alteration permits. Permit fees are based on the total cost of the conveyance or alteration and the labor to install or alter the conveyance. The following permit fees apply to the construction, alteration, or relocation of all conveyances except personnel and material hoists (see subsection (3) of this section):

TOTAL COST OF INSTALLATION OR ALTERATION		FEE
$0 to and including $1,000		$92.20
$1,001 to and including $5,000		$138.70
$5,001 to and including $7,000		$231.70
$7,001 to and including $10,000		$278.40
$10,001 to and including $15,000		$371.50
OVER $15,000 for installation only*		$520.20 plus
OVER $15,000 for alteration only*		$371.50
	* Each additional $1,000 or fraction thereof	$12.50

(2) Installation and alteration permit renewal.

Renewal of each construction and alteration permit

$83.60

(3) Personnel and material hoist permit.

Each personnel hoist or material hoist installation

$371.50

Note:

An operating certificate is also required for these types of conveyances.

(4) Permit refunds. The initial installation permit fees are refundable minus a processing fee if the installation work has not been performed. No refunds will be issued for expired permits. All requests for refunds shall be submitted in writing to the elevator section and shall identify the specific permits and the reasons for which the refunds are requested.

Processing fee for each refund

$55.20

(5) Plan approval.

Nonrefundable fees for processing the applications for each installation/major alteration

$45.70

(6) Inspection.

(a) Reinspection.

	Each reinspection of a conveyance per conveyance	$185.40
	Plus every hour for each additional hour after the first hour	$89.90

(b) Increases in height (jumping) of personnel and material hoists.

	Inspecting an increase in the height (jumping) of each personnel hoist or material hoist up to two hours	$185.40
	Plus every hour for each additional hour	$92.20

Note:

This fee is for inspections occurring during regular working hours.

(i) On-site.

	On-site variance inspection per conveyance up to two hours	$278.40
	Plus every hour for each additional hour	$92.20

Note:

This fee is for inspections occurring during regular working hours.

(ii) Off-site.

A variance that does not require an on-site inspection per conveyance

$92.20

(d) Red tag status.

Annual fee for a conveyance in "red tag" status

$45.70

Note:

(e) Decommission inspection.

Performing a decommission inspection

$92.20

(f) Voluntary inspections by request.

	Inspection per conveyance up to two hours	$185.40
	Plus every hour for each additional hour	$92.20
	Plus the standard per diem and mileage allowance granted to department inspectors

(g) Construction-use inspection.

Inspecting and testing of elevators used for construction

$148.20

(h) Residential elevator inspection.

	TYPE OF CONVEYANCE	FEE
	Each inclined stairway chair lift in private residence	$42.80
	Each inclined wheelchair lift in a private residence	$42.80
	Each vertical wheelchair lift in a private residence	$54.20
	Each dumbwaiter in a private residence	$42.80
	Each inclined elevator at a private residence	$154.00
	Each private residence elevator	$99.10
	Duplication of a lost, damaged, or stolen operating permit	$17.80

(i) Technical services and consultations.

	Per hour or any portion thereof (including travel time)	$110.80
	Plus the standard per diem and mileage allowance granted to department inspectors

(j) Accident investigations.

	Rate per hour or portion thereof (including travel time)	$110.80
	Plus the standard per diem and mileage allowance granted to department inspectors may be charged by the department

(k) Inspections after normal business hours.

	Minimum fee for an after-hours inspection up to one hour	$138.70
	Plus per hour for each additional hour	$138.70
	Plus the standard per diem and mileage allowance granted to department inspectors

(7) Annual operating permit.

	TYPE OF CONVEYANCE	FEE
	Each hydraulic elevator	$185.40
	Each roped-hydraulic elevator	$231.70
	plus for each hoistway opening in excess of two	$17.80
	Each cable elevator	$231.70
	plus for each hoistway opening in excess of two	$17.80
	Each cable elevator traveling more than 25 feet without an opening—for each 25 foot traveled	$17.80
	Each limited-use/limited-application (—LULA) elevator	$185.40
	Each escalator	$153.90
	Each dumbwaiter in other than a private residence	$99.10
	Each material lift	$185.40
	Each incline elevator in other than a private residence	$199.40
	Each belt manlift	$185.40
	Each stair lift in other than a private residence	$99.10
	Each wheel chair lift in other than a private residence	$99.10
	Each personnel hoist	$185.40
	Each grain elevator personnel lift	$153.90
	Each material hoist	$185.40
	Each special purpose elevator	$185.40
	Each private residence elevator installed in other than a private residence	$185.40
	Each sidewalk freight elevator	$153.90
	Each hand-powered manlift or freight elevator	$104.20
	Each moving walk	$153.90
	Duplication of a damaged, lost, or stolen operating permit	$17.80

The following sections of the Washington Administrative Code are repealed:

Installation and alteration permit fees.

Permit fees for personnel and material hoists.

WAC 296-96-01010	Installation and alteration permit fees.
WAC 296-96-01025	Permit fees for personnel and material hoists.
WAC 296-96-01027	Permit fee refunds.