jswizzle3737/ontario_laws_and_regs huggingface dataset:
3.
 3. (1) A person engaged in an activity, use of equipment, process or procedure to which the Act and this Regulation apply shall comply with the Act, this Regulation, including the code adoption document, and any applicable director’s order.  O. Reg. 209/01, s. 3 (1); O. Reg. 252/08, s. 3 (1). (2) For the purpose of subsection (1), the reference to an activity, use of equipment process or procedure includes, but is not limited to, the design, construction, installation, inspecting, testing, erection, maintenance, alteration, use and service of elevating devices or parts of them.  O. Reg. 209/01, s. 3 (2); O. Reg. 252/08, s. 3 (2).
4.
 4. (1) Except where otherwise required by this Regulation or by the director under sections 14, 27, 30 and 31 or subsection 36 (3) of the Act, an existing elevating device and parts thereof shall conform to the Elevating Devices Act, 1990, the regulations made under that Act, the codes or standards in force in Ontario at the time the device was installed and any applicable director’s orders.  O. Reg. 252/08, s. 4. (2) Except where otherwise required by this Regulation or the Director pursuant to section 14, 27, 30 and 31 or subsection 36 (3) of the Act, every alteration made to an existing elevating device shall conform to this Regulation, the codes or standards in force in Ontario at the time the device was altered and any applicable director’s orders.  O. Reg. 252/08, s. 4.
5.
 5. (1) A new elevating device or part thereof that is not specifically dealt with in the code adoption document shall be constructed so as to comply with such codes, standards or other technical rules as are adopted by the Minister or authorized by the director under section 36 of the Act.  O. Reg. 209/01, s. 5 (1). (2) If no code, standard or other technical rule has been authorized under section 36 of the Act so that the new elevating device has not been dealt with, general engineering practice normally applied to elevating devices on the basis of the code adoption document apply, having regard to the particular situation and risk safety assessment.  O. Reg. 209/01, s. 5 (2).
6.
 6. No person shall construct, install, alter, repair, maintain, test, operate or use an elevating device or part thereof except in accordance with this Regulation, the code adoption document and any applicable director’s order.  O. Reg. 209/01, s. 6; O. Reg. 252/08, s. 5.
7.
 7. (1) No person shall commence a new installation or major alteration of an elevating device until a design submission for it has been registered.  O. Reg. 209/01, s. 7 (1). (2) Despite subsection (1), a person who submits a design submission for registration may commence a new installation or major alteration of an elevating device if the person assumes all risks related to the installation or alteration.  O. Reg. 209/01, s. 7 (2).
8.
 8. No person shall put into service, (a)  a newly installed elevating device until it is licensed; or (b)  a licensed elevating device to which a major alteration has been made until it is inspected by an inspector.  O. Reg. 209/01, s. 8.
9.
 9. (1) No person shall operate an elevating device or cause or permit it to be operated if it is in an unsafe condition.  O. Reg. 209/01, s. 9 (1). (2) No person shall operate an elevating device or cause or permit it to be operated in an unsafe manner.  O. Reg. 209/01, s. 9 (2). (3) No person shall operate or use an elevating device or cause or permit it to be operated or used with a load in excess of its maximum capacity.  O. Reg. 209/01, s. 9 (3). (4) Subsections (1), (2) and (3) do not apply to an inspector, a person authorized by an inspector, a mechanic or a mechanic-in-training during the installation, alteration, repair, testing, maintenance or inspection of an elevating device.  O. Reg. 209/01, s. 9 (4).
10.
 10. (1) No person shall behave in or on an elevating device or perform any work on an elevating device in such a manner as to, (a)  impair the safe operation of the elevating device; or (b)  endanger themselves, another person or any property.  O. Reg. 209/01, s. 10 (1). (2) No person shall remove, displace, interfere with or damage any device installed in or about an elevating device for its safe operation except, (a)  a person making an inspection under this Regulation; or (b)  a contractor for the purpose of making a test or repair.  O. Reg. 209/01, s. 10 (2).
11.
 11. No person shall provide an elevating device or any part thereof for use by another person under any rental, leasing or other arrangement if the elevating device or part is in an unsafe condition or otherwise not in conformity with this Regulation, the code adoption document and any applicable director’s order.  O. Reg. 209/01, s. 11; O. Reg. 252/08, s. 6.
12.
 12. No owner shall operate an elevating device or permit it to be operated unless it is licensed and it complies with this Regulation, the code adoption document and any applicable director’s order.  O. Reg. 252/08, s. 7.
13.
 13. Where the operation of an elevating device requires that an attendant or operator be present, the owner of the device shall ensure that the attendant or the operator complies with the requirements of this Regulation, the code adoption document and any applicable director’s order.  O. Reg. 209/01, s. 13; O. Reg. 252/08, s. 8.
14.
 14. No person shall act as a contractor unless registered as a contractor and no contractor who is registered shall offer or provide a service unless the contractor is registered to provide that service.  O. Reg. 209/01, s. 14. Design Submission
Design Submission
nan
16.
 16. An applicant for a registration of a design submission shall, (a)  apply in the form published by the Corporation; (b)  include with the application the number of copies of the design submission specified by the director that are reasonably necessary for the purpose of assessing the application; and (c)  pay the fee set by the Corporation.  O. Reg. 209/01, s. 16; O. Reg. 290/21, s. 1.
17.
 17. (1) The registration of a design submission expires on the fourth anniversary of its issue unless the elevating devices to which it relates become licensed.  O. Reg. 209/01, s. 17 (1). (2) Upon registration of a design submission, the director shall send to the applicant, (a)  a notice that the design submission has been registered; (b)  one copy of the registered design submission; and (c)  the installation number or registration number, as the case may be, that has been allocated to the elevating device or to the standard design submission.  O. Reg. 209/01, s. 17 (2); O. Reg. 252/08, s. 10.
18.
 18. (1) Where a change is proposed to a registered design submission, no work shall be performed on the portion of the elevating device affected by the change until a design submission outlining the scope of the change with reference to the relevant parts of the registered design submission is prepared in accordance with sections 15 and 16 and the design change is registered.  O. Reg. 209/01, s. 18 (1). (2) Despite subsection (1), work may be performed under that subsection before a design submission has been registered if a request for registration of the design change has been made and the person making the request assumes all risks related to the work.  O. Reg. 209/01, s. 18 (2).
19.
 19. (1) Upon completion of any individual activity classified as a minor alteration, the contractor who completed the minor alteration shall forward to the director a design submission, in accordance with subsection 15 (2), not later than 30 days after returning the elevating device to service.  O. Reg. 252/08, s. 11. (2) The contractor who completed the minor alteration shall ensure that a special inspection has been requested within 60 days after returning the elevating device to service and shall facilitate the performance of any tests that the inspector requires.  O. Reg. 252/08, s. 11.
20.
 20. If this Regulation, including the code adoption document or a director’s order, requires a laboratory or organization to carry out an engineering test on or a certification of an elevating device component, the person who carries out the test or certification shall file the test or certification document with the director upon request.  O. Reg. 209/01, s. 20; O. Reg. 252/08, s. 12. Contractors
Contractors
nan
21.
 21. (1) An application for registration as a contractor or a renewal thereof shall be made to the director in the form published by the Corporation and be accompanied by the fee set by the Corporation.  O. Reg. 209/01, s. 21 (1); O. Reg. 290/21, s. 1. (2) It is a condition for registration as a contractor or a renewal of a registration that the applicant, (a)  be a mechanic, or employ one or more mechanics, who hold a certificate of the same scope as the scope of the registration being sought; (b)  be or employ a person who has full knowledge of the Act, this Regulation and any applicable director’s orders.  O. Reg. 252/08, s. 13. (3) An applicant for registration as a contractor or a renewal shall provide such information to the director as is necessary for the director to determine whether the requirements of subsection (2) are met.  O. Reg. 209/01, s. 21 (3). (4) Despite clause (2) (a), where the registration of a contractor is limited to the testing or examining of elevating devices or parts thereof, the contractor is exempt from the requirement set out in clause (2) (a) where the contractor is a professional engineer or has a professional engineer in the contractor’s continuous employ.  O. Reg. 209/01, s. 21 (4). (5) A registration as a contractor expires one year following the date on which it was issued.  O. Reg. 209/01, s. 21 (5).
22.
 22. A contractor shall take every precaution reasonable in the circumstances to ensure that his, her or its employees comply with the Act, this Regulation, the code adoption document and any applicable director’s order.  O. Reg. 209/01, s. 22; O. Reg. 252/08, s. 14.
23.
 23. (1) Every contractor who maintains an elevating device shall submit annually to the Corporation a list, in the time and manner required by the director, that contains data on the installation numbers, class and location of each elevating device maintained by the contractor, together with information that indicates the scope of each maintenance contract.  O. Reg. 209/01, s. 23 (1); O. Reg. 290/21, s. 1. (2) The list shall reflect information that is accurate as of the date on which the contractor’s registration is renewed.  O. Reg. 209/01, s. 23 (2).
24.
 24. (1) No person shall undertake any work on an elevating device unless the person is employed by a contractor and is either a mechanic or a mechanic-in-training working under the supervision of a mechanic.  O. Reg. 252/08, s. 15. (2) No person shall be involved in a task that is necessarily ancillary or incidental to the installation or maintenance of an elevating device unless he or she is supervised by a mechanic.  O. Reg. 209/01, s. 24 (2). (3) No mechanic shall be assigned or undertake work beyond the scope of his or her certificate or, in the case of passenger ropeway mechanics, beyond the scope of his or her experience or training.  O. Reg. 209/01, s. 24 (3). Installation and Alteration
Installation and Alteration
nan
25.
 25. (1) A contractor who installs or alters an elevating device shall, after the contractor has carried out a preliminary examination and is satisfied that all work is completed in accordance with the registered design submission and that the installation or alteration complies with the requirements of this Regulation, notify the director in the form provided by the director that such is the case and arrange for an inspection of the elevating device.  O. Reg. 209/01, s. 25 (1); O. Reg. 252/08, s. 16 (2). (2) A contractor who installs a new elevating device or alters an existing elevating device shall, on completion of the work, supply to the owner of the elevating device a copy of the registered design submission and general instructions for maintaining the newly installed elevating device or altered elevating device in a safe operating condition.  O. Reg. 209/01, s. 25 (2). (3) The owner shall ensure that any alteration to the elevating device is made by a contractor registered under section 21.  O. Reg. 252/08, s. 16 (3).
26.
 26. (1) Each component of an elevating device identified in a design submission shall be readily identifiable on the actual installation.  O. Reg. 209/01, s. 26 (1). (2) Each component of an elevating device, the size, function and operating characteristics of which are not readily identifiable when installed on the elevating device, shall bear a permanently affixed name plate indicating all the information needed to facilitate its replacement.  O. Reg. 209/01, s. 26 (2).
27.
 27. Where an alteration is made to an elevating device, the contractor who made the alteration shall provide the owner of the elevating device with an amended design submission to reflect the changes made.  O. Reg. 209/01, s. 27. Licence for Elevating Device
Licence for Elevating Device
nan
28.
 28. (1) An applicant for an initial or temporary licence for an elevating device or for a renewal of that licence shall submit an application to the director in the form published by the Corporation together with the fee set by the Corporation.  O. Reg. 209/01, s. 28 (1); O. Reg. 290/21, s. 1. (2) An initial licence for an elevating device expires one year after the date of its issue unless another expiry date is specified on the licence.  O. Reg. 209/01, s. 28 (2). (3) A renewal of a licence for an elevating device shall be for the period specified on the licence.  O. Reg. 209/01, s. 28 (3). (4) A temporary licence for an elevating device shall be for a period not exceeding six months.  O. Reg. 209/01, s. 28 (4). (5) A temporary licence for an elevating device may be issued even if all of the requirements for a licence have not been met and is subject to the terms and conditions that are set out in it.  O. Reg. 209/01, s. 28 (5).
29.
 29. (1) The owner shall notify the director within 10 days of a change in any particular noted on the licence for the elevating device.  O. Reg. 252/08, s. 17 (1). (2) An owner of an elevating device shall notify the director within 10 days of a change in the owner’s name or address.  O. Reg. 209/01, s. 29 (2); O. Reg. 252/08, s. 17 (2). (3) Where a change is proposed with respect to the ownership of an elevating device, (a)  the current owner shall notify the director in writing, within 10 days after the change in ownership, of the details and the effective date of the change; and (b)  the new owner shall notify the director in writing, within 10 days after the change in ownership, of the details and the effective date of the change, including the name of the contractor who maintains the elevating device as of the date of the change.  O. Reg. 209/01, s. 29 (3). (4) Subject to subsections (5) and (6), upon receipt of information described under subsection (3) and upon payment of the fee set by the Corporation and required for the transfer of a licence, the director shall transfer the licence to the new owner.  O. Reg. 209/01, s. 29 (4); O. Reg. 290/21, s. 1. (5) The director shall not transfer a licence for an elevating device to which a seal has been affixed under subsection 18 (4) of the Act.  O. Reg. 209/01, s. 29 (5). (6) The director may refuse to transfer the licence of an elevating device, (a)  while the licence is under suspension; or (b)  where there is any outstanding fee or charge set by the Corporation owing with respect to the elevating device.  O. Reg. 209/01, s. 29 (6); O. Reg. 290/21, s. 1.
30.
 30. (1) A licence for an elevating device shall be posted by the owner in a conspicuous position in the load-carrying unit of the elevating device or adjacent to the elevating device or in a more remote location as is required by the director.  O. Reg. 209/01, s. 30 (1). (2) A licence for an elevating device other than an elevator shall be posted by the owner on or adjacent to the elevating device such that it is readily visible.  O. Reg. 209/01, s. 30 (2). Notices
Notices
nan
Notices
 31. (1) An elevating device shall have securely fastened to it, and conspicuously displayed, a notice indicating its maximum capacity and installation number, (a)  in the load-carrying unit; or (b)  where it is not practicable to fasten it on the load-carrying unit, as close as is practicable to the bottom loading area of the elevating device.  O. Reg. 209/01, s. 31 (1). (2) The installation number shall be allocated to the elevating device by the Corporation.  O. Reg. 209/01, s. 31 (2); O. Reg. 290/21, s. 1. (3) The notice indicating the maximum capacity shall be provided by the owner and shall set forth in letters and numbers not less than six millimetres in height, (a)  the words “maximum capacity”; (b)  the total weight in kilograms allowed in the elevating device; and (c)  the words “persons per hour”, as the case may be.  O. Reg. 209/01, s. 31 (3). (4) The notice may include the number of persons allowed to use the elevating device.  O. Reg. 209/01, s. 31 (4). (5) If the maximum capacity is expressed in terms of both weight and the number of persons, the notice shall use the word “or” to indicate that the maximum capacity is defined in alternative terms.  O. Reg. 209/01, s. 31 (5). (6) The maximum capacity notice on freight elevators shall also indicate the class of loading designated in accordance with the applicable code, standard or requirement referred to in the code adoption document.  O. Reg. 209/01, s. 31 (6); O. Reg. 252/08, s. 18. (7) The notice indicating the installation number shall be set forth in numerals at least six millimetres in height and shall be in a form determined by the director.  O. Reg. 209/01, s. 31 (7). Operation and Maintenance
Operation and Maintenance
nan
Operation and maintenance
 32. (1) An owner of an elevating device shall ensure that the elevating device is not used or operated unless it is maintained by a registered contractor in accordance with the requirements of this section.  O. Reg. 209/01, s. 32 (1). (2) The methods and intervals of maintenance of an elevating device shall be determined by the owner or a contractor on behalf of the owner, on the basis of, (a)  the inherent quality and age of the device; (b)  the specifications for maintenance of the manufacturer, manufacturer’s agent or of the contractor; and (c)  the frequency and method of use of the device.  O. Reg. 209/01, s. 32 (2). (3) The maintenance of an elevating device shall include, (a)  an inspection and examination at regular intervals of all parts and functions of the elevating device; (b)  cleaning, lubricating and adjusting all its parts at regular intervals and repairing or replacing worn or defective components in order to prevent the device from becoming unsafe for operation; (c)  repairing or replacing damaged or broken parts; (d)  such other examinations or work as is required by this Regulation, the applicable code or standard referred to in the code adoption document or by an inspector.  O. Reg. 209/01, s. 32 (3). (4) A person who carries out an inspection referred to in clause (3) (a) shall ensure that the elevating device is in a safe operating condition and shall take all steps and reasonable precautions in the circumstances to ensure that the parts and functions will remain in a safe operating condition until the next scheduled inspection and examination.  O. Reg. 209/01, s. 32 (4). (5) Where a part of an elevating device is replaced for any reason, the replacement part shall be at least equivalent to the original part as specified in the design submission or as supplied by the manufacturer of the original part.  O. Reg. 209/01, s. 32 (5). (6) Despite subsections (1) and (3), a person other than a registered contractor may, (a)  carry out jobs of a housekeeping nature in the load-carrying unit of an elevating device or in the area giving access to it; and (b)  clean an elevator car and hoistway enclosures made of glass if the elevator is provided with equipment referred to in the code adoption document.  O. Reg. 209/01, s. 32 (6).
Testing and inspection after maintenance
 33. (1) Where maintenance is carried out on an elevating device that is equipped with a safety device, an overspeed device or an uncontrolled low speed protective device, the maintenance referred to in subsection 32 (3) shall include an inspection and testing of such devices in accordance with the requirements for periodic inspection set out in the code adoption document.  O. Reg. 252/08, s. 19 (1). (2) Where the maintenance is carried out on an endless belt type manlift, the maintenance referred to in subsection 32 (3) shall include an inspection and testing of the safety brake to ensure compliance with the applicable code, standard or requirement referred to in the code adoption document or any applicable director’s order.  O. Reg. 209/01, s. 33 (2); O. Reg. 252/08, s. 19 (2). (3) Where the maintenance is carried out on a counter-balanced type or power type manlift, the maintenance referred to in subsection 32 (3) shall include an inspection and testing of the safety device and, if any, the overspeed governor to ensure compliance with the applicable code, standard or requirement referred to in the code adoption document or any applicable director’s order.  O. Reg. 209/01, s. 33 (3); O. Reg. 252/08, s. 19 (2). (4) The inspection and tests required under subsections (1), (2) and (3) shall be carried out at intervals determined in accordance with subsection 32 (2) as long as the interval between the inspections or tests is not longer than 12 months.  O. Reg. 209/01, s. 33 (4). (5) Despite subsections (1), (2), (3) and (4), no inspection or test is required for an elevating device that is equipped with a device referred to in subsection (1) if the operational reliability of the device is proven through type testing and certification in compliance with the applicable codes, standards or requirements referred to in the code adoption document or any applicable director’s order, and the certification records are filed with the director in accordance with section 20 and placed at the location of the elevating device.  O. Reg. 209/01, s. 33 (5); O. Reg. 252/08, s. 19 (3). (6) A record of inspections and tests carried out under subsections (1), (2) and (3) shall be kept in the log book referred to in section 34.  O. Reg. 209/01, s. 33 (6). (7) Where the ownership of an elevating device changes, the records referred to in subsection (6) shall be transferred to the new owner.  O. Reg. 209/01, s. 33 (7).
Log book
 34. (1) Every owner of an elevating device and every contractor shall maintain a log book for each elevating device that they own or maintain, and the log book shall contain up-to-date data on, (a)  all maintenance functions required to be recorded in the log book by the applicable code, standard or requirement referred to in the code adoption document or any applicable director’s order; and (b)  such other data as are required to be kept in the log book by this Regulation.  O. Reg. 209/01, s. 34 (1); O. Reg. 252/08, s. 20. (2) The log book shall be kept for a period of at least five years from the date of the last entry in the log book.  O. Reg. 209/01, s. 34 (2). (3) The log book data shall be readily available at the location of the elevating device to an inspector, maintenance mechanic and other persons designated by the owner.  O. Reg. 209/01, s. 34 (3).
Defects or occurrences
 35. Where a manufacturer or owner of an elevating device or a contractor discovers a defect in a part or component that may create an unsafe condition with respect to the operation or use of an elevating device and as a result of the discovery the same part or component is replaced in other elevating devices because of a possible recurrence of the defect, then the manufacturer, owner or contractor, as the case may be, shall forthwith notify the director, in writing, of the nature of the defect and any actions taken with respect to the part or component.  O. Reg. 209/01, s. 35. Incidents
Incidents
nan
Duty of owner re access
 37. Every owner of an elevating device shall ensure that, (a)  there is unobstructed access to and egress from the elevating device; (b)  there is a safe and unobstructed access to the machinery space, including the electrical equipment, of the elevating device regardless of weather conditions; (c)  the machinery space, including the electrical equipment, and any part of the elevating device that may be hazardous, is closed, locked or otherwise made inaccessible to the public and free of objects not required for the operation of the elevating device; (d)  the keys required for access to the machine space, including the electrical equipment, and other locked parts of the elevating device are readily available at all times at the location of the installation to an inspector, a member of the police or fire department or other person who may be involved in an emergency where the elevating device is located; (e)  a list of persons to be called in case of an equipment or power failure, the discovery of a hazardous condition or an incident referred to in section 36, or any other emergency involving the elevating device is readily available at the location of the installation and ensure that the person called is prepared to take such action as is appropriate in the circumstances; (f)  a copy of the registered design submissions for, and general instructions for maintenance received under subsection 25 (2) of, the elevating device is readily available to an inspector and contractor; and (g)  on the transfer of ownership of an elevating device, a copy of the registered design submission and the instructions from maintenance are delivered to the new owner.  O. Reg. 209/01, s. 37; O. Reg. 252/08, s. 22.
Passenger elevator
 38. Every owner of a passenger elevator shall ensure that, (a)  in addition to the list required under clause 37 (e), the name and telephone number of the contractor currently maintaining the elevator is readily available, together with the expiry of the elevator maintenance contract; and (b)  the location of the keys required to be available under clause 37 (d) are posted inside the firehose cabinet located closest to the main front entrance of the apartment or building or other conspicuous location at the main front entrance of the building.  O. Reg. 209/01, s. 38.
Reporting elevator outages
 38.1 (1) In this section, “long-term care home” has the same meaning as in subsection 2 (1) of the Fixing Long-Term Care Act, 2021; “outage” means, in relation to an elevator, a period of time that is 48 hours or longer in which the elevator is out of service; “residential occupancy” has the same meaning as in Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992. O. Reg. 290/21, s. 3; O. Reg. 272/22, s. 1. (2) If an elevator in a long-term care home or in a building that is used partially or entirely for residential occupancy experiences an outage, the owner of the elevator shall submit a report to the Corporation no later than 30 days after the day the elevator is returned to service. O. Reg. 290/21, s. 3. (3) The report required by subsection (2) shall be in the form published by the Corporation and shall contain the following information: 1.  The address of the premises where the elevator is installed. 2.  The number of elevators in the building. 3.  The installation number allocated to the elevator. 4.  The number of floors which the elevator serves. 5.  The date and time that the outage started and ended. 6.  The cause of the outage, including any factor that prolonged the elevator being out of service. 7.  The year in which the elevator was installed. 8.  If a major alteration has been made to the elevator, the date that the elevator was returned to service after undergoing the most recent major alteration. 9.  If the elevator’s control system has been replaced, the date that the most recent replacement occurred. 10.  The intervals at which the elevator undergoes maintenance. 11.  The name of the manufacturer of the elevator. 12.  The name of the manufacturer of the elevator’s control system. 13.  The name of the contractor who maintains the elevator. 14.  In respect of a contractor who repaired the elevator during the outage: i.  The name of the contractor. ii.  The date and time that the contractor was first contacted about the outage. iii.  The date and time that the contractor first attended the premises after being contacted about the outage. O. Reg. 290/21, s. 3. (4) The Corporation shall publish on its website the information referred to in paragraphs 1 to 10 of subsection (3). O. Reg. 290/21, s. 3. Freight Handlers
Freight Handlers
nan
Freight handlers
 39. (1) Where the use or operation of an elevating device requires one or more freight handlers, or where the presence of one or more attendants or operators is required under the applicable code, standard or requirement referred to in the code adoption document or any applicable director’s order, the owner shall, (a)  designate persons as freight handlers, attendants or operators, as the case requires; (b)  ensure that the persons designated under clause (a) have the training and experience necessary to carry out their duties in a safe manner and that they comply with this Regulation; and (c)  ensure that the attendants or operators who are designated are stationed at locations appropriate in the circumstances, in or about the elevating device.  O. Reg. 209/01, s. 39 (1); O. Reg. 252/08, s. 23. (2) In addition to the requirements set out in subsection (1) and those in the applicable codes and standards referred to in the code adoption document, where an elevating device is powered by a driving unit or equipped with operating devices that are not automatically rendered inoperative should an unsafe condition for operation exist, the owner shall ensure that while the elevating device is in operation it is supervised and operated by an operator who is stationed at the driving unit of the elevating device or at some other location appropriate in the circumstances.  O. Reg. 209/01, s. 39 (2). Attendants and Operators
Attendants and Operators
nan
Duty of owner re knowledge and experience requirements
 40. (1) Every owner of an elevating device shall ensure that every attendant, operator operating an elevating device and every freight handler using an elevating device for moving freight has such knowledge of and experience in the attending, operating or using of the elevating device that, (a)  he or she is able to attend, operate or use the elevating device safely; (b)  he or she is aware of the hazardous situations that are likely to occur with respect to persons using the elevating device or the materials being carried on it.  O. Reg. 209/01, s. 40 (1). (2) Every owner of an elevating device shall ensure that every person learning to be an attendant, operator or freight handler obtains the experience referred to in subsection (1) and performs his or her duties only under the personal supervision of an experienced attendant, operator or freight handler, as the case may be, or a mechanic or other person having thorough knowledge and experience in the attending, operation or use of an elevating device and who is aware of the hazards connected therewith.  O. Reg. 209/01, s. 40 (2).
Attendants
 41. An attendant shall, (a)  only be responsible for the safe operation and use of the elevating device that is within the scope of his or her employment; (b)  be stationed in close proximity to the elevating device, in a location designated by the owner of the elevating device; (c)  ensure that the persons and materials can move safely to or from the elevating device in the area that is under his or her supervision. (d)  ensure that all doors or gates are closed or other safety measures are taken, as the case may be, before the elevating device is operated or a signal is given to an operator to operate it; and (e)  not operate the elevating device, knowing or having reason to believe that the maximum capacity as shown on the licence is exceeded, except where he or she is assisting in the testing of the elevating device.  O. Reg. 209/01, s. 41.
Operators
 42. An operator shall, (a)  be responsible for the safe operation of the driving unit of the elevating device that he or she is operating; (b)  not operate the driving unit unless he or she has been given a signal by an attendant to operate it or is otherwise satisfied that all doors or gates are closed, the device is not overloaded and that all safety measures have been taken to ensure the safe operation of the elevating device; (c)  be satisfied each day that the elevating device that he or she is operating is safe for normal operation before operating it on that day; and (d)  not leave the driving unit unattended without taking measures to prevent the unauthorized use of the elevating device.  O. Reg. 209/01, s. 42.
Duty of owner re freight handling
 43. (1) The owner of an elevating device and the employer of a freight handler shall ensure that materials and freight move with safety to or from the elevating device.  O. Reg. 209/01, s. 43 (1). (2) In addition to the requirements set out in subsection (1), where a freight handler performs his or her duties without supervision by an attendant, the freight handler shall, (a)  ensure that all doors or gates are closed or other safety measures are taken, as the case requires, before the elevating device is operated or a signal is given to an operator to operate it; and (b)  not operate the elevating device, knowing or having reason to believe that the maximum capacity as shown on the licence is exceeded, except where he or she is assisting in the testing of the elevating device by an inspector or a mechanic.  O. Reg. 209/01, s. 43 (2). Inspections
Inspections
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Inspections
 44. (1) An elevating device shall be inspected by an inspector at such intervals as may be determined by the director for the purpose of ensuring the safe operation of the device.  O. Reg. 209/01, s. 44 (1).  (2) The labour, test load, measuring and other devices required to carry out the inspection shall be provided, and the fee set by the Corporation, paid by, (a)  the contractor who installed or altered the elevating device, in the case of an initial inspection, an inspection following an initial inspection, a special inspection following a minor alteration or a follow-up inspection following a special inspection; (b)  the owner, in the case of a periodic inspection, a follow-up inspection following a periodic inspection or any other inspection of an elevating device.  O. Reg. 252/08, s. 24; O. Reg. 290/21, s. 1. (3) Prior to requesting an inspection of a newly installed passenger elevator, freight elevator or lift for persons with physical disabilities, the contractor or the contractor’s agent who requests the inspection shall ensure that the general contractor responsible for the construction of the building or the owner has completed the pre-inspection check-list for the applicable device in the form provided by the Corporation.  O. Reg. 252/08, s. 24; O. Reg. 290/21, s. 1.
Removal and replacement of seals
 45. (1) Where an inspector has sealed a part on an elevating device as part of an investigation or, subject to subsection (2), to prevent readjustment of the part, no person shall remove the seal without the permission of the inspector.  O. Reg. 252/08, s. 25. (2) A contractor may remove a seal without the permission of the inspector and may affix a replacement seal if, (a)  the contractor repairs or replaces a part that was sealed and the part’s settings remain at the setting at which the part was originally sealed or are returned to that setting; or (b)  the contractor changes the settings of the part that was sealed but the new settings are within the allowable range specified by the applicable code, standard or other requirement referred to in the code adoption document.  O. Reg. 252/08, s. 25. (3) Where an original seal is missing from a part, a contractor may, subject to subsection (5), affix a replacement seal provided that the settings of the replacement part remain the same as they were for the original part.  O. Reg. 252/08, s. 25. (4) A contractor who affixes a replacement seal under this section shall ensure that a permanent record is kept, either attached to the seal or adjacent to the seal, that gives, (a)  the date of replacement of the seal; (b)  the name, signature and certificate number of the mechanic who replaced the seal; (c)  the number of the replacement seal; and (d)  the setting at which the part is sealed.  O. Reg. 252/08, s. 25. (5) In addition to the record, the contractor shall record that the seal has been replaced in the log book referred to in section 34.  O. Reg. 252/08, s. 25. 46. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 209/01, s. 46.