1.
 1. (1) In this Regulation, “above-surface ropeway” means a circulating passenger ropeway, including a chair lift and a gondola lift, and a reversible passenger ropeway, including an aerial tramway; “alteration” means an alteration or replacement, removal or addition of any component or part of an elevating device that results in, or may result in, a change in the original design, inherent safety or operational characteristics of the elevating device, and “altered” has a corresponding meaning; “attendant” means a person whose normal duties consist, in whole or in part, of, (a)  operating an elevating device that is equipped with operating devices that are automatically rendered inoperative if an unsafe condition for operation of the elevating device arises, or (b)  actively engaging in or supervising the loading, movement or unloading of persons or freight on an elevating device or the operation of an elevating device; “bar lift” means a passenger ropeway that pulls passengers by means of devices propelled by an overhead circulating hauling rope where the passengers remain in contact with the ground or snow surface; “chair lift” means a passenger ropeway where passengers are carried on chairs, (a)  attached to and suspended from a circulating wire rope, or (b)  attached to a circulating wire rope and supported by a standing wire rope or other overhead structure; “code adoption document” means the “Elevating Devices Code Adoption Document” adopted as part of this Regulation under Ontario Regulation 223/01; “construction hoist” means a temporarily installed elevating device equipped with a car or platform that moves vertically in guides, and that is used for hoisting and lowering materials or workers or both, in connection with the construction, alteration, maintenance or demolition of a building or structure; “contractor” means a person who performs for his or her own benefit or for the benefit of another, with or without compensation, any work with respect to the installation, alteration, repair or maintenance of an elevating device or part thereof but does not include an employee; “conveyor” means a type of passenger ropeway used to transport skiers, riders or foot passengers uphill for recreational purposes while they stand on a flexible moveable element; “counter-balanced type manlift” means a manlift that is equipped with a passenger-carrying unit in the form of a car, the motion of which is obtained by means of the application of hand energy or gravity; “design submission” means drawings, specifications, calculation sheets, work test documentation and any other information that is required under this Regulation for an elevating device or part thereof submitted for the purpose of obtaining a licence for the device; “dumbwaiter” means an elevating device that is equipped with a car too small to be accessible to persons, that moves vertically in guides and that is used exclusively for lifting or lowering freight between two or more levels of a building or structure; “elevating device” means a non-portable device for hoisting, lowering or otherwise moving persons or freight and includes any machine room, hoistway and hoistway enclosure, supporting structure, terminals and runway associated with the device; “elevator” means an elevating device that is equipped with a car that moves vertically in guides and that serves two or more floors of a building or structure; “enclosed stair platform lift” means a stair platform lift where the runway is guarded so as to prevent access to it; “enclosed vertical platform lift” means a vertical platform lift that has a fully enclosed runway; “endless belt type manlift” means a manlift that is equipped with one or more passenger-carrying units in the form of steps and handholds attached to a power driven endless belt; “escalator” means an elevating device in the form of a power-driven, inclined continuous stairway that is used for raising or lowering persons; “existing”, when used in reference to an elevating device or part thereof, means any elevating device or part thereof that was installed or for which a design submission was registered before this Regulation came into force; “follow-up inspection” means an inspection by an inspector that is made following a periodic inspection or a special inspection; “freight elevator” means an elevator that is designed and constructed to carry freight and on which an attendant and freight handlers are permitted ride; “freight handler” means a person who, as part of his or her normal duties, loads and unloads freight from an elevating device; “freight platform lift” means an elevating device that is not intended to carry passengers, is equipped with a platform that moves vertically and is restricted as to use, location, access, speed, travel and type of operating device and is either, (a)  a Type A lift that carries only freight, or (b)  a Type B lift that, in addition to freight, may carry an attendant or freight handler; “funicular railway” means an incline lift in the form of a railway where the ascending car and the descending car, connected by a driven rope, counter-balance each other; “gondola lift” means a passenger ropeway where passengers are carried in enclosed gondola cars, (a)  attached to and suspended from a circulating wire rope, or (b)  attached to a circulating wire rope and supported by a standing wire rope or other overhead structure; “hand-power dumbwaiter” means a dumbwaiter car moved by manual energy or gravity; “hand-power freight elevator” means an elevator that utilizes manual energy or gravity to move the car and that is used for carrying freight only; “incident” means an occurrence involving an elevator system, an elevating device or a component of an elevating device resulting in an adverse consequence to a person or property; “incline lift” means an elevating device that is equipped with a car or platform that moves at an angle other than vertical and serves two or more permanent levels but does not include a stair platform lift; “initial inspection” means an inspection by an inspector of a newly installed elevating device or an elevating device to which a major alteration has been made; “lift for persons with physical disabilities” means an elevating device, whether portable or fixed, that travels between fixed points of a building or structure, that is restricted as to access, speed, travel and type of operating device, and that is specifically designed for use by persons with physical disabilities; “limited use/limited application elevator” means a power passenger elevator in which the use and application are limited by size, capacity, speed and rise; “maintenance” means regularly scheduled work or other action taken to ensure that an elevating device is and will remain in safe operating condition and “maintain” has a corresponding meaning; “major alteration” means an alteration that results in a substantial change to the original design, inherent safety or operational characteristics of an elevating device or that is defined as a major alteration in the code adoption document; “manlift” means an elevating device commonly known as a “manlift” that moves vertically in guides, that serves two or more floors of a building or structure and that is equipped with a passenger-carrying unit the use of which is restricted; “material construction hoist” means a construction hoist that is restricted to the carriage of materials, where workers may enter the car or platform only for the purpose of loading or unloading; “material lift” means an elevating device that is not intended to carry passengers, is equipped with a platform that moves vertically, is restricted as to use, location and access, and is either, (a)  a Type A lift that carries only freight and is restricted as to width, or (b)  a Type B lift that, in addition to freight, may carry an attendant or freight handler and is restricted as to speed, travel and type of operating device; “maximum capacity” means the weight or other measure of capacity that an elevating device is designed and constructed to carry safely as set out in a licence; “mechanic” means a person who holds a certificate referred to in section 4 of Ontario Regulation 222/01 made under the Act; “mechanic-in-training” means a person who works under the supervision of a mechanic for the purpose of obtaining the qualifying time and experience required to obtain a certificate referred to in section 4 of Ontario Regulation 222/01; “medical practitioner” means a physician, nurse, dentist, chiropractor or physiotherapist legally qualified to practise their profession in Ontario, and a paramedic as defined under the Ambulance Act; “minor alteration” means an alteration that results in a minor change to the original design, inherent safety or operational characteristics of an elevating device or that is defined as a minor alteration in the code adoption document; “moving walk” means an elevating device that moves passengers on an uninterrupted load-carrying surface that remains substantially parallel to its direction of motion; “new”, when referring to an elevating device or part thereof, means any elevating device or part thereof for which a design submission is registered after the day this Regulation comes into force; “non-portable device” means a device that is a part of, or affixed to, a structure or another device from which it is not readily detachable; “observation elevator” means a passenger elevator that has a transparent car or hoistway enclosure or both; “operator” means a person who, in the normal course of his or her duties, (a)  is in charge of the entire operation of a passenger ropeway, or (b)  operates an elevating device that is equipped with operating devices that are not automatically rendered inoperative upon the arising of a condition rendering the operation of the elevating device unsafe, and who has direct control over the starting, stopping and speed of an elevating device or part thereof; “owner” includes the owner of the building in which an elevating device is located, the person who holds the licence for the device, and any agent or lessee acting for the building owner or licence holder, but does not include an attendant or operator of the device; “parking garage lift” means an elevating device that is used for lifting or lowering a vehicle in or about a parking facility; “passenger elevator” means an elevator that is designed and constructed primarily to carry persons; “passenger ropeway” means an elevating device that is designed and constructed to move persons along a horizontal or inclined pathway by means of a hauling rope that is driven by a non-portable power unit and includes bar lifts, chair lifts, gondola lifts, reversible ropeways and ropetows; “periodic inspection” means an inspection by an inspector carried out at intervals determined by the director; “power type manlift” means a manlift that is equipped with a passenger-carrying unit in the form of a car moved by applying energy other than by hand; “preliminary design submission” means a design of an elevating device or part thereof, that may include variances, submitted for preliminary review and assessment by the director; “professional engineer” means a professional engineer within the meaning of the Professional Engineers Act; “reversible ropeway” means a passenger ropeway where passengers are carried in one or more cars fixed to a hauling rope that is independent of a track rope, and where the cars reciprocate between terminals; “ropetow” means a passenger ropeway where persons grasp a circulating hauling rope or a handle or similar device attached to the rope and are propelled by the tow while remaining in contact with the ground or snow surface; “secondary carrier” means a carrier on which one or more persons are carried and towed by a surface ropeway; “shopping cart conveyor” means an elevating device that is restricted to lifting and lowering shopping carts from one floor to another; “sidewalk elevator” means a freight elevator that operates between a sidewalk or other area exterior to a building and floor levels inside the building that are below the sidewalk or other area exterior to the building and that has no landing opening into the building at its upper limit of travel; “ski-lift mechanic” means a person who holds a ski-lift mechanic’s certificate under Ontario Regulation 222/01; “special elevating device” means an elevating device that is not otherwise defined in this Regulation; “special inspection” means an inspection that is carried out by an inspector pursuant to a complaint, an incident referred to in section 36 or a minor alteration to an elevating device; “stage lift” means an elevating device that is used for lifting or lowering persons or freight in or about a stage or orchestra pit; “stair chair lift” means a lift for persons with physical disabilities that is equipped with a passenger-carrying unit in the form of one or two attached chairs that moves substantially in the direction of a flight of stairs or ramp at a mean angle of not more than 45º; “stair platform lift” means a lift for persons with physical disabilities that is equipped with a platform that moves substantially in the direction of a flight of stairs or ramp at a mean angle of not more than 45º; “standard design submission” means a design submission for a type of elevating device or part thereof that is intended to be installed in more than one location and that may incorporate the use of alternative interchangeable components but does not include information relating to the location of individual installations; “subsequent inspection” means an inspection by an inspector that is made subsequent to an initial inspection where the initial inspection reveals that the elevating device does not conform to the requirements of the Act and this Regulation; “surface ropeway” includes a barlift, a ropetow, including a ropetow associated with a secondary carrier, and a conveyor; “temporary elevator” means a passenger or freight elevator in a building under construction that is used for carrying workers or materials; “temporary licence” means a licence issued with respect to an elevating device that may not meet all of the requirements for a licence under this Regulation and that permits the operation of the device at the times and on the conditions specified in the licence; “tube tow” means a secondary carrier in which passengers are towed in a tube; “unenclosed stair platform lift” means a stair platform lift having a partially enclosed or unenclosed runway; “unenclosed vertical platform lift” means a vertical platform lift having a partially enclosed or unenclosed runway; “vertical platform lift” means a lift for persons with physical disabilities that is equipped with a platform that moves vertically; “workers’ rail-guided construction hoist” means a construction hoist used for carrying workers and materials where the load-carrying unit is guided by rails; “workers’ rope-guided construction hoist” means a construction hoist that is used for carrying workers and materials where the load-carrying unit is guided by ropes.  O. Reg. 209/01, s. 1 (1); O. Reg. 185/03, s. 1; O. Reg. 252/08, s. 1 (1-15); O. Reg. 290/21, s. 2. (2) Revoked: O. Reg. 252/08, s. 1 (16). (3) In the event of conflict between a provision of this Regulation and the code adoption document, this Regulation prevails.  O. Reg. 209/01, s. 1 (3). (4) A reference in this Regulation to a director is a reference to the director to whom the subject matter of this Regulation is assigned.  O. Reg. 209/01, s. 1 (4). (4.1) A reference in this Regulation to “director’s order” is a reference to a safety order under section 14 of the Act, a public safety order under section 31 of the Act or an authorization under clause 36 (3) (a) of the Act.  O. Reg. 252/08, s. 1 (17). (5) The following classes of elevating devices are designated for the purposes of this Regulation and the code adoption document: 1.  Elevators being, i.  freight elevators, ii.  freight elevators-P, iii.  hand-power freight elevators, iv.  observation elevators, v.  passenger elevators, vi.  sidewalk elevators, vii.  temporary elevators, and viii.  limited use/limited application elevators. 2.  Dumbwaiters being, i.  dumbwaiters, other than hand-power dumbwaiters, and ii.  hand-power dumbwaiters. 3.  Escalators. 4.  Moving walks. 4.1  Shopping cart conveyors. 5.  Freight platform lifts and material lifts, being, i.  freight platform lifts-Type A, ii.  freight platform lifts-Type B, iii.  material lifts-Type A, or iv.  material lifts-Type B. 6.  Lifts for persons with physical disabilities, being, i.  stair chair lifts, ii.  enclosed stair platform lifts, iii.  unenclosed stair platform lifts, iv.  enclosed vertical platform lifts, and v.  unenclosed vertical platform lifts. 7.  Manlifts, being, i.  counter-balanced type manlifts, ii.  endless belt type manlifts, and iii.  power type manlifts. 8.  Passenger ropeways, being, i.  above-surface ropeways, whether circulating passenger ropeways such as chair lifts or gondola lifts or reversible passenger ropeways such as aerial tramways, ii.  surface ropeways such as bar lifts or ropeways made of fibre or wire, iii.  ropeways for secondary carriers such as tube tows, or iv.  conveyors. 9.  Construction hoists, being, i.  material construction hoists, ii.  workers’ rail-guided construction hoists, and iii.  workers’ rope-guided construction hoists. 10.  Incline lifts, being, i.  incline elevators, ii.  incline dumbwaiters, iii.  incline manlifts, iv.  incline construction hoists, v.  incline freight platform lifts, and vi.  funicular railways. 11.  Stage lifts. 12.  Special elevating devices. 13.  Parking garage lifts.  O. Reg. 209/01, s. 1 (5); O. Reg. 252/08, s. 1 (18-23).