justicedao/ipfs_state_laws huggingface dataset:
918-400-0435 Governing Codes (1) The applicable code to which an elevator is inspected for installation or alteration shall be: (a) The Oregon Elevator Specialty Code in effect when plans, pertinent data and fees are received by the division; or (b) Where conflicts arise between specialty codes, the following may be used to determine which code applies: (A) The Oregon Elevator Specialty Code in effect at the time the electrical permit was issued impacting the installation of the elevator; or (B) The Oregon Elevator Specialty Code in effect at the time the structural permit was issued impacting the elevator. (c) The governing code for elevator installations or alterations following an expired permit shall be the Oregon Elevator Specialty Code in effect at the time of the new submittal. (2) The governing code for inspections of existing elevators related to issuance of operating permits shall be as provided in OAR 918-400-0465. This same requirement applies for elevators placed back into service. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0500 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0445 Code References (1) Where an Oregon Elevator Specialty Code refers to the latest edition of another code, has words of similar import, or does not provide a fixed edition adoption date, the reference must be to the applicable code in place on the same date the same provision of the Oregon Elevator Specialty Code was adopted. (2) References to the following codes in the Oregon Elevator Specialty Code mean: (a) “NFPA 70, National Electrical Code” is replaced by the “Oregon Electrical Specialty Code”; (b) “International Residential Code” is replaced by the “Oregon Residential Specialty Code”; and (c) “International Building Code” is replaced with the “Oregon Structural Specialty Code.” [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 455.030 & 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10 BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0510 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0458 Amendments to the Oregon Elevator Specialty Code (1) The Oregon Elevator Specialty Code, adopted at OAR 918-400-0455, is amended pursuant to OAR chapter 918, division 8. Amendments to the Oregon Elevator Specialty Code are provided in this rule, along with the title of the amended code and a descriptive caption of the amendment. (2) Effective January 1, 2024, the Safety Code for Elevators and Escalators, ASME A17.1 2019, is amended by the adoption of Oregon specific amendments. The Oregon specific amendments are published in their entirety at Table 2-L. [Publications: Publications referenced are available for review at the agency.] [NOTE: Table referenced is not included in rule text.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 455.030 & 460.085 Statutes/Other Implemented: ORS 455.030 & 460.085 History: BCD 1-2024, minor correction filed 01/03/2024, effective 01/03/2024 BCD 10-2023, amend filed 12/29/2023, effective 01/01/2024 BCD 12-2018, amend filed 06/21/2018, effective 07/01/2018 BCD 33-2011, f. 12-30-11, cert. ef. 1-1-12 BCD 34-2008, f. 12-31-08, cert. ef. 1-1-09 BCD 17-2006, f. 12-29-06, cert. ef. 1-1-07
918-400-0465 Elevator Maintenance Requirements (1) The governing code for the repair and maintenance of existing elevators and for placing elevators back in service shall be the Oregon Elevator Specialty Code which includes the Safety Code for Existing Elevators and Escalators, ASME A17.3-2020 published by the American Society of Mechanical Engineers, as amended by the Building Codes Division. (2) Exceptions (a) Where ASME A17.3 fails to clearly define or govern a specific device or type of conveyance, the code under which the unit was installed, or the latest alteration code, if applicable, shall be used (b) The 1937 code applies to devices installed prior to March 1937. (3) When elevator signal fixtures are altered, all elevator signal fixtures, car handrail(s), and two-way communication device(s) shall be brought into compliance with the applicable disability regulations in the Oregon Structural Specialty Code. (4) All requirements for periodic safety tests, repair of existing devices and maintenance shall be brought into compliance within the time period required in the periodic inspection report. (5) Except as provided in section (4) of this rule, the maximum time allowed to comply with new maintenance standards for existing elevators shall not be more than 24 months from date of periodic inspection except: (a) The replacement of hand line control as required by ASME A17.3, Section 3.10.1 shall be allowed a maximum of 36 months to comply. (b) All existing elevator hoistway gates or doors required to comply with ASME A17.3, Section 2.6.1 and car doors or gates required to comply with Section 3.4.2(a) shall meet the minimum 72-inch (1828.8 mm) height requirement within 60 months from the date of the periodic safety inspection following effective date of this rule, or when the gate requires complete replacement, whichever comes first. (c) All elevators required by ASME A17.3, Section 3.11.3 to have fire fighters' service shall comply with this rule within 60 months from date of the periodic safety inspection. (d) All passenger elevators and freight elevators allowed to carry passengers permitted after January 1, 1993, shall comply with ASME A17.3, Section 3.11.1. Elevators not in compliance with the applicable chapter of the Oregon Structural Specialty Code for elevator communication devices as of January 1, 1993, shall have 24 months from date of periodic inspection to install the proper communicating device. (e) Compliance extensions beyond the limits set in this section may be granted where, because of material shortages or extent of required changes, the additional time is necessary to achieve compliance. Statutory/Other Authority: ORS 460.085 & 455.117 Statutes/Other Implemented: ORS 460.085 & 455.117 History: BCD 10-2023, amend filed 12/29/2023, effective 01/01/2024 BCD 8-2006, f. 6-30-06, cert. ef. 7-1-06 BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05 BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03 BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0530 BCD 3-1997, f. 3-18-97, cert. ef. 4-1-97 BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0100 DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0075
918-400-0475 Interpretation — Accessibility Federal and state accessibility requirements apply to the installation and operation of elevators. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0710 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0525 Plan Review Requirements Plans and pertinent data submitted to the department under ORS 460.048 must include proof that the elevator equipment meets the Oregon Elevator Specialty Code by providing the following information: (1) Electrical product certification by providing; (a) The listing or certification number and identification of the approved laboratory that tested the equipment; (b) When applicable, date and identification of the electrical special deputy who certified the equipment to the Oregon Elevator Specialty Code electrical requirement; or (c) Proof that requests for listing or certification are pending. (2) For the purpose of complying with plan submittal requirements of ORS 460.048, and when applicable to the type of equipment being proposed, a complete set of drawings must include: (a) Elevation view; (b) Plan view; (c) Machine room layout (when applicable to the type of equipment); (d) Cab and fixture detail; (e) Hoistway entrance detail; and (f) Electrical straight line wiring diagrams showing, as a minimum, safety circuits, normal and final limit circuits, and door lock circuits, which must include circuitry required by the Oregon Elevator Specialty Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.048 History: BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10 BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05 BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03 BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0610 BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0120 BCD 21-1994, f. 9-13-94, cert. ef. 9-15-94
918-400-0535 Installation and Alteration Permits — Interpretation (1) ORS 460.045 and 460.048 contain the requirements for division approval of plans and pertinent data and for a current operating permit before placing certain elevators in use. (2) For the purposes of the elevator laws and rules, the written approval of plans and pertinent data and permission to commence with installation or alteration is a permit. Statutory/Other Authority: ORS 460.045 & 460.048 Statutes/Other Implemented: ORS 460.045 & 460.048 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0400 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0545 Permits for Installation or Alteration (1) A permit issued for installation or alteration of an elevator shall automatically expire 18 months from date of issuance unless the physical installation or alteration started before the end of the 18th month. (2) Two unconditional six-month permit extensions may be granted on written request by the elevator contractor, if the extension is requested prior to the permit expiration date. (3) Upon expiration of a permit, a new application, new plans, pertinent data and associated fees are required. (4) Fees shall not be refunded for expired permits. Statutory/Other Authority: ORS 460.045 Statutes/Other Implemented: ORS 460.045 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0410 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0600 Initial Inspections (1) The division shall perform all initial inspections of a new or altered elevator regulated by ORS 460.005 to 460.175. (2) Prior to all required final inspections, the elevator contractor or person holding the installation or alteration permit shall call for an inspection. Inspections shall be scheduled as soon as resources are available. Where new installation and alteration sites are located more than one hour travel, one-way, from an inspector’s duty station, the contractor shall schedule inspections allowing the inspector to return to the duty station no later than end of business day on Friday or day preceding a holiday. (3) Prior to the scheduled date of the final inspection, the elevator contractor is required to ensure that the installation of the equipment is complete and fully operational according to applicable codes. The elevator inspector is not obliged to continue an inspection where such evidence is not readily apparent. (4) When the inspector discontinues an inspection because the installation fails inspection or is not ready for final inspection, the elevator contractor or general contractor shall be charged at the rate provided for in OAR 918-400-0800. Charges shall include all time expended, portal-to-portal, toward such inspections, but no less than 4 hours. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.125 History: BCD 13-1999, f. & cert. ef. 10-1-99 BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0090 DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0065
918-400-0620 General Policies Regarding Provisional Permits (1) Provisional permits shall be issued only when requested by or agreed to by the contractor, owner or operator and the division, as relevant. (2) When a provisional permit is issued, the division shall place documentation in the file that it considered whether any immediate hazard to health or safety existed and determined that none existed. (3) Provisional permits shall be issued to allow corrections of items that do not meet code requirements. Statutory/Other Authority: ORS 460.055 Statutes/Other Implemented: ORS 460.055 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0430 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0630 Provisional Permits for Elevators Under Construction (1) A construction-use (workman's) permit is only issued to an elevator contractor while the elevator is under construction and may be granted under the following conditions: (a) The elevator must only be used for transportation of workers and materials necessary for the physical construction and inspection of the site and may not be used by the general public; (b) Notification must be given to the division before making any elevator changes, except those necessary to complete construction of the elevator; (c) The installation meets all requirements of the Oregon Elevator Specialty Code; (d) An operator is provided for all elevator operations unless the elevator meets all requirements for normal operations; and (e) The provisional permit must be: (A) Specific to a particular elevator; and (B) Attached to the car enclosure in plain view. (2) Notwithstanding any expiration date placed on a provisional permit, the permit automatically terminates upon issuance of an operating permit. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.055 History: BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10 BCD 2-2005, f. 3-16-05, cert. ef. 4-1-05 BCD 3-2003, f. 2-28-03, cert. ef. 3-1-03 BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0450 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0640 Provisional Permits for New Installations With the exception of private residence installations, a provisional permit may be granted to correct violations of the Oregon Elevator Specialty Code for a new or altered elevator installation, subject to the following: (1) A written request for the provisional permit is made to the division by the permit holder or the general contractor prior to the commencement of any elevator inspections. If granted, the provisional permit shall not exceed 90 days. (2) The elevator contractor or general contractor shall make all required corrections and otherwise complete the construction of the installation within the time allotted by the provisional permit. Failure to do so shall result in the elevator being removed from service until such corrections are complete. Mitigating circumstances shall be considered for extending a provisional operating permit as determined by the division. (3) Provisional permits shall be billed according to OAR 918-400-0800 portal-to-portal. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.055 History: BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0460 BCD 18-1995, f. & cert. ef. 12-15-95
918-400-0645 Escalator and Moving Walk Clean Down Inspections (1) Escalators and moving walks must receive bi-annual clean down inspections during each year of an inspection cycle in which a periodic inspections under ORS 460.125 is not performed. (2) Bi-Annual escalator and moving walk clean down inspections are not covered by an owner’s operating permit fee. Inspection hours, inspector portal-to-portal travel time, and other fees for these inspections are billable as special inspections under 918-400-0800 to the equipment owner or equipment owner’s representative. (3) Bi-annual escalator and moving walk clean down inspections must include inspection verification of the interior of an escalator and moving walk, and cleaning to prevent an accumulation of oil, grease, lint, dirt, and refuse. Statutory/Other Authority: ORS 455.117, 460.085 & 460.125 Statutes/Other Implemented: ORS 455.117, 460.085 & 460.125 History: BCD 17-2010, f. 11-30-10, cert. ef. 12-1-10 BCD 14-2010(Temp), f. 9-30-10, cert. ef. 10-1-10 thru 11-30-10
918-400-0650 Use of Provisional Permits Following Periodic Safety Inspections (1) A provisional permit may be granted to correct Oregon Elevator Specialty Code deficiencies discovered at a periodic elevator inspection, subject to the following: (a) The initial provisional permit is issued for a period not to exceed 120 days from the date of the periodic inspection. (b) A reinspection may be performed 120 days or more from the date of the periodic inspection when determined necessary by the division. If violations found at the periodic inspection still exist, the elevator may be removed from service pursuant to ORS 460.125(3). (2) Where mitigating circumstances did not allow compliance within the initial 120-day period, an additional 60-day period may be granted providing all work can be completed within a 60-day period from the date of the first reinspection. If violations still exist, the elevator shall be ordered to be disconnected from service pursuant to ORS 460.125(3) and the matter shall be referred for additional enforcement action as relevant. (3) Written requests for an extension may be granted in extenuating circumstances beyond the owner's or contractor's control, as determined by the division. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 460.055 Statutes/Other Implemented: ORS 460.055 History: BCD 8-2006, f. 6-30-06, cert. ef. 7-1-06 BCD 25-2000, f. 9-29-00, cert. ef. 10-1-00 BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0440 BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0095 DC 15-1983, f. & cert. ef. 6-28-83, Renumbered from 814-030-0070 DC 25-1982, f. & cert. ef. 12-16-82
918-400-0660 Operating Permits (1) Operating permits are issued periodically based on two-year inspection intervals. (2) Clean down inspections of escalators and moving walks performed according to 918-400-0645 are additional inspections under section (3) of this rule for which special inspection fees under 918-400-0800 apply. (3) The division reserves the right to perform additional inspections outside the two-year inspection interval established by this rule with prior notice to the responsible party according to criteria, which may include but are not limited to the following: (a) Accidents and injuries; (b) Commercial and public assembly structures; (c) Special residency occupancies, schools, hospitals; (d) Type of elevator; (e) Passenger or freight conveyances; (f) Construction only purpose elevators; and (g) Environmental conditions. (4) The division may refuse to issue an operating permit if: (a) Inspections are not satisfactorily completed; or (b) Permit fees have not been received. (5) The elevator-operating permit, or copy of the permit, must be posted in clear view in the elevator. A sign may be substituted providing the sign indicates the on-site location where the actual operating permit may be inspected during normal business hours. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.055, 460.065, 460.085 & 460.125 History: BCD 17-2010, f. 11-30-10, cert. ef. 12-1-10 BCD 14-2010(Temp), f. 9-30-10, cert. ef. 10-1-10 thru 11-30-10 BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10 BCD 8-2007, f. 7-13-07, cert. ef. 10-1-07 BCD 8-2006, f. 6-30-06, cert. ef. 7-1-06 BCD 13-1999, f. & cert. ef. 10-1-99, Renumbered from 918-400-0420 BCD 18-1995, f. & cert. ef. 12-15-95, Renumbered from 918-400-0065 BCA 7-1992, f. & cert. ef. 4-10-92 BCA 41-1991(Temp), f. 12-13-91, cert. ef. 12-15-91 DC 25-1982, f. & cert. ef. 12-16-82, Renumbered from 814-030-0040
918-400-0662 Renewals (1) Operating permit fees not received within 90 days of the billing date may be considered delinquent and subject to a late penalty of double the fee amount. It is the equipment owner’s responsibility to maintain a current operating permit. This responsibility includes notifying the division of address and other billing changes. Late penalties may only be waived under exceptional circumstances. (2) All waiver requests must be submitted in writing and must clearly state the reason for the request. A waiver may be granted for all or part of the additional fee. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.165 History: BCD 10-2009, f. 12-30-09, cert. ef. 1-1-10
918-400-0665 Periodic Inspections (1) The elevator owner must make provisions to allow access for inspections as required by ORS 460.135, within 30 days of request by the division. (2) If access is denied or obstructed in whole or in part at the time of the inspection and a return inspection is necessary, a reinspection fee shall be charged under ORS 460.165 and OAR 918-400-0800. Statutory/Other Authority: ORS 455.117 Statutes/Other Implemented: ORS 455.117 History: BCD 8-2006, f. 6-30-06, cert. ef. 7-1-06
918-400-0670 Use of Minor Installation Labels (1) Elevator contractors having a valid license under ORS 460.045(1) or 479.630(1) and a verified Construction Contractors Board license, when using elevator mechanics licensed under 460.005 to 460.175 or 479.630(6), may purchase and use minor labels as described by OAR 918-100-0000 through 918-100-0060; and, (2) Only permit requirements are deleted. The Oregon Elevator Specialty Code elevator installation, alteration, and repair provisions and all licensing provisions of ORS 460.005 to 460.175, 479.630(1), or 479.630(6) shall be followed. [Publications referenced are available from the agency.] Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
918-400-0675 Scope of Elevator Work Allowed with Minor Installation Label (1) Except as expressly provided in this rule, “minor elevator work” does not include modernization work; minor elevator work allowed under the minor label program provided by OAR 918-100-0000 through 918-100-0060 shall be as follows: (a) Replacement or repair of elevator signal equipment, including emergency signaling and communications equipment; (b) Replacement or repair of elevator car lighting or fans; (c) Replacement, repair, or modernization of elevator car enclosure linings and floor coverings; (d) Replacement or repair of a reopening device for power-operated car doors or gates; (e) Replacement or repair of pressure piping, piping connections, valves, or fittings; (f) Replacement or repair of speed governors; (g) Replacement or repair of hydraulic control valves; (h) Replacement or repair of elevator entrance assembly; and, (i) Installation, replacement, repair, or modernization of cartop controls, door operators, or security card readers. (2) Only one type of minor label work listed in section (1) of this rule may be performed on one minor label; for any 30 day period, only one minor label may be used for each elevator at a job site. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
918-400-0680 Minor Label Inspection Fees (1) The first minor label installation inspection is included in the minor label purchase fee. (2) In the event that a second inspection is required on an installation, or on a second or third label, the contractor shall pay for the inspection at the callback or reinspection fee rate provided in ORS 460.165(1)(d). (3) When a contractor has three failed inspections in the same lot of labels, the contractor shall return any unused minor labels to the division; upon final determination, the division shall not issue minor labels to the contractor for a period of one year. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08
918-400-0685 Misuse of Minor Installation Labels Violations of the minor label rules are subject to civil penalties or license revocations or both. Statutory/Other Authority: ORS 460.085 Statutes/Other Implemented: ORS 460.085 History: BCD 17-2008, f. 9-26-08, cert. ef. 10-1-08