reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.10 - General Environment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Weather and riot.
During a lightning storm, high wind storm, a
				period of tornado warning, severe storm warning, fire, or when violence, riot
				or civil disturbance occurs or threatens in or is a direct threat to an
				amusement park or a carnival lot, passengers shall be unloaded or evacuated
				from a ride or device and the ride or device shut down and secured immediately.
				Operation shall not resume until the situation has returned to a normal safe
				operating condition.
(2)
Illumination.
Access and exits to and from amusement rides and
				devices and temporary or permanent structures shall be provided with
				illumination by natural or artificial means of no less than 5 foot-candles
				measured at grade level. No less than 10 foot-candles of illumination shall be
				provided at all work levels for assembly and disassembly of amusement rides and
				devices and temporary structures.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.11 - Medical and First Aid

Current through Register Vol. 47, No. 3, July 24, 2024
The operator shall ensure the availability of medical
				  personnel. In the absence of an infirmary, clinic or hospital in the proximity
				  to the carnival or amusement park which is available for the treatment of
				  injured public, a person or persons who have a valid certificate in first-aid
				  training from the U. S. Bureau of Mines or the American Red Cross shall be
				  available to render first aid. First-aid supplies recommended by a consulting
				  physician shall be easily accessible when required. The first-aid kit shall
				  consist of materials recommended by the consulting physician in a weatherproof
				  container with individual sealed packages for each type of item. The contents
				  of the first-aid kit shall be checked by the operator at each location stand or
				  at least weekly at amusement parks to ensure that expended items are replaced.
				  The operator shall ensure that telephone numbers for doctor, hospital and
				  ambulance service are conspicuously posted.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.12 - Fire Protection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fire extinguishers.
The operator shall provide adequate or
				ensure that adequate fire protection equipment is available within and
				surrounding the temporary structures that are part of the show. The agent or
				agency responsible for the permanent structures shall provide or ensure
				adequate fire protection equipment exists or is available for the permanent
				structure. The selection, placement and maintenance of fire extinguishers shall
				be in accordance with Standard for the Installation of Portable Fire
				Extinguishers, NFPA Number 10-1974.
(2)
Flammable waste and
				materials.
An operator shall provide identified covered metal
				containers for flammable waste such as oily rags and other flammable materials
				which shall be kept in easily accessible locations. Such containers shall be
				located so that they will not obstruct means of ingress or egress or
				aisles.
(3)
Flame
				resistance.
All tents occupied for assembly, or those located within
				that portion of the premises used by the public and all tents in places of
				assembly in or about which any devices using fuel are operated, and all
				tarpaulins and decorative materials used in connection with any of these, shall
				meet the appropriate requirements for resistance to fire prescribed in the
				Standard for Flame-Resistant Textiles and Films, NFPA Number 701-1969. Safety
				nets shall be exempt from the above requirements for resistance to fire. The
				owner shall have a certificate or a test report from an approved testing agency
				or engineer indicating fire resistance rating is equal to or better than the
				above standard.
(4)
Alarm.
The operator shall ensure that the telephone number for
				the local fire department is conspicuously posted.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.13 - Compressed Gas and Air Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
Air and gas compressors, tanks, piping and equipment shall be
				  constructed and maintained to ensure safe operation at all times. The equipment
				  shall have safety relief devices and be inspected in accordance with 29 CFR,
				  Chapter XVII, Part 1910 subpart M-Compressed Gas and Compressed Air Equipment
				  as published at 39 Federal Register 23687 (June 27, 1974). Equipment shall be
				  inspected at least once a year. A record of each inspection shall be kept by
				  the owner where the equipment is used and shall be made available on request by
				  the commissioner
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.15 - Machinery and Machine Guarding

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General requirements.
One or more methods of machine guarding
				shall be provided to protect the public from injury. An example of double
				guarding is public barriers and gear shielding. Guards shall be fixed to the
				machine where possible and secured elsewhere if for any reason attachment to
				the machine is not possible. The guard or barrier shall be such that it does
				not offer an accident hazard in itself. Barriers shall be securely staked or
				sandbagged to prevent movement or tipover by the public falling, pressing or
				stumbling against them. The barriers shall be located to keep the public at
				least 6 feet away from the ride. Ride entrances shall have a passenger waiting
				line retaining chain, bar, gate or device. All machinery designed for a fixed
				location shall be securely anchored to prevent walking or moving. All rides
				containing or having a mounting or moimtings that would catch, wind up or
				entangle long hair shall have attached adequate guards.
(2)
Mechanical power
				transmission.
All power transmission devices and associated moving
				parts shall be shielded, enclosed or barricaded to protect the public in
				accordance with 29 CFR, Chapter XVII, Part 1910 subpart O-Machinery and Machine
				Guarding, Paragraph 1910.219-Mechanical Power Transmission Apparatus as
				published at 39 Federal Register 23728 (Jime 27, 1974).
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.17 - Welding, Cutting and Brazing

Current through Register Vol. 47, No. 3, July 24, 2024
No welding, cutting or brazing shall be accomplished where
				  the public can directly observe the process or be hit by sparks or flying
				  materials generated by the process. Any welding, cutting and brazing
				  accomplished when the general public is in attendance shall be accomplished
				  behind temporary erected solid barriers. The ends of these shall be overlapped
				  to prevent any direct exposure. If the operation cannot be shielded, the
				  operator shall provide a means of keeping the public away from the point of
				  work for a distance of 35 feet for all soldering, brazing, cutting, and gas
				  welding up to ½ inch, 50 feet for all gas welding over ½ inch and
				  150 feet for all arc welding utilizing electrodes up to 3/16-inch diameter All
				  larger arc welding operations shall be accomplished behind solid shielding or
				  prior to or after public attendance hours. All compressed gas, compressed gas
				  cylinders, electrical equipment and other apparatus associated with welding,
				  cutting and brazing shall be stored, handled and meet requirements in
				  accordance with 29 CFR, Chapter XIII, Part 1926 subpart J-Welding and Cutting
				  as published at 39 Federal Register 22828 (June 24, 1974).
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 62 - Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths › Rule 875-62.19 - Electrical

Current through Register Vol. 47, No. 3, July 24, 2024
Electrical conductors and electrical equipment installed and
				  utilized on or around permanent and temporary amusement parks and amusement
				  rides shall conform to National Electrical Code, NFPA Number 70-1975. The
				  following rules are stated for emphasis and clarification and are supplemental
				  to the National Code. If any conflict exists or appears to exist, the National
				  Code shall have precedence.
(1)
Installation.
Portable electrical systems required by
				temporary amusement rides or devices and temporary structures shall be
				installed by a qualified electrician.
(2)
Grounding.
A carnival
				shall not operate until all grounding electrode conductors, equipment and
				safety grounding connections are secured, polarized and tested. The grounding
				conductors shall conform to the National Electrical Code, NFPA Number 70-1975,
				Article 250-Grounding, Paragraphs 250-94 Size of Alternating Current Grounding
				Electrode Conductor and 250-95 Size of Equipment Grounding Conductors. The path
				to ground from circuits, equipment and conductor enclosures shall be permanent
				and continuous and shall have ample carrying capacity to conduct currents
				liable to be imposed on it, and shall have impedance sufficiently low to limit
				the potential above ground and to facilitate the operation of the overcurrent
				devices in the circuit.
a.
Service
				ground.
Equipment or generators operating from a separate supply or
				supplies which are located closer than 8 feet and all service equipment within
				itself shall be bonded together The service ground shall be established by
				connecting the grounding conductor to the service entrance neutral bar in the
				hot truck or generator and to an approved type service grounding electrode such
				as ground rods. If 25 ohms or less is not obtained by a single grounding
				electrode such as a ground rod plate or pipe it shall be augmented by one
				additional grounding electrode of the type permitted by code.
b.
Circuit and equipment
				safety.
From the service entrance neutral bar, the circuit grounded
				and equipment safety grounding conductors shall be continuous and separate
				throughout the entire system. The portable outlet and terminal boxes shall
				contain a service ground through grounded receptacles for both circuit and
				safety. The equipment safety grounding conductors shall be attached to each
				ride, device or concession booth such that impedance is sufficiently low to
				limit the potential above ground and to facilitate the operation of the
				overcurrent devices in the circuit. Separate steel tracks or steel framework,
				such as roller coaster tracks or big slides, shall have grounding the same as
				the service equipment.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 63 - Safety Rules for Bungee Jumps › Rule 875-63.2 - Prohibited Activities

Current through Register Vol. 47, No. 3, July 24, 2024
The following activities are prohibited:
1. Bungee catapulting where an overhead
				obstruction exists;
2.
				Sandbagging;
3. Tandem jumping;
				and
4. Jumping from a bridge,
				television tower, crane, grain bin, hot air balloon or any height not designed
				for the purpose of bungee jumping.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 63 - Safety Rules for Bungee Jumps › Rule 875-63.3 - Site Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Storage.
Adequate storage shall be provided to protect
				equipment from physical, chemical and ultraviolet-ray damage. The storage area
				shall be secured against unauthorized entry.
(2)
Communications.
a. There shall be a public address system in
				operation during the hours of business.
b. A radio communication link shall be
				established between the platform and the staff responsible for jumper
				registration, landing, and recovery.
c. There shall be a means on site to
				communicate with local emergency responders.
d. A clearly visible sign shall be placed at
				the entrance to the operating site setting forth medical restrictions for
				jumpers, the minimum-age requirement of 18 years of age, and instructions for
				jumpers.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 63 - Safety Rules for Bungee Jumps › Rule 875-63.4 - Design

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Platform.
A platform shall:
a. Be capable of supporting at least five
				times the rated capacity or maximum intended load of the platform. If the jump
				equipment is attached to the platform as distinct from the structure, the
				dynamic load factor shall be added to the rated capacity or maximum intended
				load;
b. Be attached with devices
				and to a part of the structure which is able to support at least five times the
				weight of the platform plus the rated capacity or maximum intended
				load;
c. Have a slip-resistant
				floor surface;
d. Have safety
				harness anchor points that are designed and located to facilitate ease of
				movement on the platform;
e. Have a
				permanent enclosure, separate from the jump point, to contain the jumper during
				preparations such as fitting the jumper with a jump harness;
f. Be equipped with a gate across the jump
				point. The gate shall open to the inside of the platform and shall have a
				safety lock or restraining device to prevent accidental opening;
g. Be permanently marked with the maximum
				capacity of the platform and the rated capacity or maximum intended load;
				and
h. Be configured to ensure that
				a jumper shall not come into contact with the supporting structure or tower
				during the jump.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 63 - Safety Rules for Bungee Jumps › Rule 875-63.5 - Maintenance

Current through Register Vol. 47, No. 3, July 24, 2024
The operator shall follow the inspection and testing
				  recommendations of the equipment manufacturers. When those recommendations
				  conflict with the testing and inspection provisions of this rule, the
				  provisions affording the higher degree of safety shall be followed.
				  Inspections, findings and corrective action shall be recorded in the site
				  log.
(1)
Tests and inspections
				by the operator.
a. The jump
				rigging, harness, lowering system and safety gear shall be regularly inspected
				and tested as set forth in the site operating manual.
b. In accordance with the site operating
				manual, the ropes, webbing and bindings shall be inspected visually and by feel
				for signs of wear, fraying or damage.
c. The cord ends shall be inspected as often
				as the manufacturer specifies or no less than daily for wear, slippage or other
				abnormalities.
Iowa Administrative Code › Agency 875 - Labor Services Division › Amusement Parks and Rides › Chapter 63 - Safety Rules for Bungee Jumps › Rule 875-63.6 - Operations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Site
				operating manual.
The operator shall ensure that the site has an
				operating manual that includes the following elements:
a. A site plan showing the fencing, the site
				furniture, the preparation area, the jump space, the jump area, the jump
				direction, the landing area and the recovery area.
b. A site plan showing a profile of the site
				and defining the jump platform and its supporting structure, the maximum system
				length of the bungee cord, the jump space and the jump area.
c. A complete description of each of the
				following:
(1) The system of
				operation;
(2) The components in
				the rigging system, including the manufacturer's specification or a laboratory
				test certificate of each component;
(3) All safety and rescue
				equipment;
(4) A job description
				for the personnel employed on the site and the minimum qualifications for each
				person;
(5) Emergency procedures
				for all foreseeable scenarios;
(6)
				Standard operating procedures for every person employed in processing the
				jumper;
(7) The procedure for
				reporting accidents and reportable incidents to the commissioner;
(8) Equipment inspection procedures,
				including inspection record keeping;
(9) Maintenance procedures; and
(10) The method of verifying and recording
				each jump master's qualifications.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority › Rule 875-65.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions contained in this rule apply to 875-Chapters
				  65 to 73.
"Board"
means the elevator safety
				  board.
"Board office "
means the offices of the
				  division of labor services of the department of workforce development.
"Commissioner "
means the labor commissioner
				  of the state of Iowa.
"Conveyance"
means an elevator, construction
				  personnel hoist, dumbwaiter, escalator, moving walk, lift or inclined or
				  vertical wheelchair lift subject to regulation under Iowa Code chapter 89A, and
				  includes hoistways, rails, guides, and all other related mechanical and
				  electrical equipment.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority › Rule 875-65.2 - Purpose and Authority of Board

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the board is to perform statutory duties
				  pursuant to Iowa Code chapter 89A. The mission of the board is to protect the
				  public health, safety and welfare relating to the safe and proper installation,
				  repair, maintenance, alteration, use, and operation of conveyances in the
				  state. The authority and responsibilities of the board include, but are not
				  limited to:
(1) Adopting rules
				necessary to protect public health, safety and welfare and to administer the
				duties of the board.
(2) Hearing
				and deciding appeals concerning inspection reports that relate to the
				installation, alteration, operation, and maintenance of conveyances in the
				state.
(3) Hearing and deciding
				appeals concerning actions by the commissioner to deny, suspend or revoke
				operating permits.
(4) Establishing
				fees.
(5) Establishing committees
				of the board.
(6) Performing any
				other function authorized by law.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority › Rule 875-65.3 - Organization of Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board
				shall be composed of the commissioner or the commissioner's designee and eight
				additional members appointed by the governor and confirmed by the
				senate.
(2) The eight appointed
				members of the board shall include:
a. Two
				representatives from an elevator manufacturing company or its authorized
				representative.
b. Two
				representatives from elevator servicing companies.
c. One building owner or manager.
d. One representative employed by a local
				government in this state who is knowledgeable about building codes in this
				state.
e. One representative of
				workers actively involved in the installation, maintenance, and repair of
				elevators.
f. One licensed
				mechanical engineer.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority › Rule 875-65.4 - Public Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				board shall hold at least one meeting each calendar quarter.
(2) Board meetings shall be governed in
				accordance with Iowa Code chapter 21, and the board's proceedings shall be
				conducted in accordance with Robert's Rules of Order.
(3) The chairperson or the chairperson's
				designee shall prepare an agenda listing all matters to be discussed at the
				meeting.
(4) A majority of the
				members of the board shall constitute a quorum, and all final motions and
				actions must receive a majority of a quorum vote.
(5) Members of the public may be present
				during board meetings unless the board votes to hold a closed session in
				accordance with Iowa Code chapter 21. The dates and locations of board meetings
				may be obtained from the division of labor services' website or the board
				office.
(6) At every regularly
				scheduled board meeting, time will be designated for public comment. During the
				public comment period, any person may speak for up to two minutes. Requests to
				speak for two minutes per person when a particular topic comes before the board
				may be granted at the discretion of the chairperson. The chairperson may limit
				total public comment time to ten minutes.
(7) The person presiding at a meeting of the
				board may exclude a person from an open meeting for behavior that obstructs the
				meeting.
(8) Cameras and recording
				devices may be used at open meetings provided the cameras and recording devices
				do not obstruct the meeting. If the user of a camera or recording device
				obstructs the meeting by the use of such device, the person presiding at the
				meeting may request the user to discontinue use of the camera or
				device.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority › Rule 875-65.5 - Official Communications

Current through Register Vol. 47, No. 3, July 24, 2024
All official communications, including submissions and
				  requests, shall be addressed to the Elevator Safety Board, Department of
				  Workforce Development, Division of Labor Services, 150 Des Moines Street, Des
				  Moines, Iowa 50309.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.1 - Waivers of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				  uniform process for the granting of individual waivers from rules adopted by
				  the board. To the extent another more specific provision of law governs the
				  issuance of a waiver from a particular rule, the more specific provision shall
				  supersede this chapter with respect to any waiver from that rule.
(1)
Authority.
Authority for
				the board to grant waivers is set forth in Iowa Code sections
				17A.9A and
				89A.11.
(2)
Definition.
"Waiver" means a waiver pursuant to Iowa Code
				section
				17A.9A or an exception or
				variance pursuant to Iowa Code section 89A.11.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.2 - Applicability of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
The board may grant a waiver from a rule only if the board
				  has jurisdiction over the rule and the requested waiver is consistent with
				  applicable statutes, constitutional provisions, or other provisions of law. The
				  board may not waive requirements created or duties imposed by
				  statute.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.3 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to this chapter,
				  the board may, in its sole discretion, issue an order waiving, in whole or in
				  part, the requirements of a rule as applied to an identified person on the
				  basis of the particular circumstances of that person if the board finds, based
				  on clear and convincing evidence, all of the following:
(1) The application of the rule would impose
				an undue hardship on the person for whom the waiver is requested;
(2) The waiver from the requirements of the
				rule in the specific case would not prejudice the substantial legal rights of
				any person;
(3) The provisions of
				the rule subject to the petition for a waiver are not specifically mandated by
				statute or another provision of law;
(4) Substantially equal protection of public
				health, safety, and welfare will be afforded by a means other than that
				prescribed in the particular rule for which the waiver is requested;
				and
(5) There is a reasonable
				relationship between the age of the conveyance and the waiver
				requested.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.4 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				  board as follows:
(1)
Contested cases.
If the petition relates to a pending
				contested case, the petition shall be filed in the contested case proceeding,
				using the caption of the contested case.
(2)
Other.
If the petition
				does not relate to a pending contested case, the petition may be submitted with
				a caption containing the name of the person for whom the waiver is
				requested.
(3)
Filing
				petition.
A petition is deemed filed when it is received in the
				board's office. A petition should be sent to the Elevator Safety Board,
				Department of Workforce Development, Division of Labor Services, 150 Des Moines
				Street, Des Moines, Iowa 50309. The petitioner shall submit the petition and
				all related materials for consideration at least three weeks prior to a
				scheduled board meeting for board review of the petition at the
				meeting.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.5 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
The required form for a petition for waiver is available on
				  the board's website at
www.iowaelevators.gov
. A petition for
				  waiver shall include the following information where applicable and known to
				  the petitioner:
(1) The name, address,
				and telephone number of the entity or person for whom a waiver is being
				requested; the case number of or other reference to any related contested case;
				and the name, address, and telephone number of the petitioner's legal
				representative, if any.
(2) A
				description of and citation to the specific rule from which a waiver is
				requested.
(3) The specific waiver
				requested, including the precise scope and duration.
(4) The relevant facts that the petitioner
				believes would justify a waiver under each of the five criteria described in
				rule 875-66.3 (17A,89A). This
				statement shall include a signed statement from the petitioner attesting to the
				accuracy of the facts provided in the petition and a statement of reasons that
				the petitioner believes will justify a waiver.
(5) A history of any prior contacts between
				the board, other departments or agencies of the state of Iowa, or political
				subdivisions and the petitioner relating to the conveyance affected by the
				proposed waiver.
(6) Information
				regarding the board's action in similar cases.
(7) The name, address, and telephone number
				of any public agency or political subdivision which might be affected by the
				granting of a waiver.
(8) The name,
				address, and telephone number of any entity or person who would be adversely
				affected by the granting of a petition.
(9) The name, address, and telephone number
				of any person with knowledge of the relevant facts relating to the proposed
				waiver.
(10) Signed releases of
				information authorizing persons with knowledge regarding the petition to
				furnish the board with information relevant to the petition for
				waiver.
(11) The state
				identification number of the conveyance.
(12) The age of the conveyance.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.6 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				  board may request additional information from the petitioner relative to the
				  petition and surrounding circumstances. If the petition was not filed in a
				  contested case, the board may, on its own motion or at the petitioner's
				  request, schedule a telephonic or in-person meeting between the petitioner and
				  a representative or representatives of the board related to the waiver
				  request.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.7 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge a petition within ten days of its
				  receipt in the board office. The board shall ensure that notice of the pending
				  petition has been provided to all persons to whom notice is required by any
				  provision of law within 30 days of the receipt of the petition. In addition,
				  the board may give notice to other persons. To accomplish this notice
				  provision, the board may require the petitioner to serve the notice on all
				  persons to whom notice is required by any provision of law and to provide a
				  written statement to the board attesting that notice has been
				  provided.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.8 - Board Review Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless
				the board makes other arrangements, petitions for waiver will be reviewed and
				may be granted or denied at the next scheduled board meeting following receipt
				of the petition. However, if the petition is received less than three weeks
				prior to the scheduled board meeting, the petition will be reviewed at the
				subsequent meeting.
(2) The
				petitioner shall be provided a reasonable opportunity to make a presentation to
				the board. The length of time allotted for presentation shall be reasonable in
				light of the complexity and number of issues involved.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				  17A.10
				  to
				  17A.18A
				  regarding contested case hearings shall apply to any petition for a waiver
				  filed within a contested case and shall otherwise apply to board proceedings
				  for a waiver only when the board so provides by order or is required to do so
				  by statute.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				  indexed, filed, and available for public inspection as provided in Iowa Code
				  section
				  17A.3.
				  Petitions for a waiver and orders granting or denying a waiver petition are
				  public records under Iowa Code chapter 22. If petitions or orders contain
				  information the board is authorized or required to keep confidential, the board
				  may instruct the board office to accordingly redact confidential information
				  from petitions or orders prior to public inspection.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.12 - Summary Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Information about all orders granting or denying a waiver
				  petition shall be submitted by the board staff to the legislative services
				  agency through the designated Internet site within 60 days of granting or
				  denying the petition. The information submitted is available to the public via
				  the website.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				  withdrawn, canceled, or modified if, after appropriate notice and review, the
				  board issues an order finding any of the following:
(1) The petitioner or the person who was the
				subject of the waiver order withheld or misrepresented material facts relevant
				to the propriety or desirability of the waiver; or
(2) The alternative means for ensuring that
				the public health, safety and welfare will be adequately protected after
				issuance of the waiver order have been demonstrated to be insufficient;
				or
(3) The subject of the waiver
				order has failed to comply with all conditions contained in the order
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated
				  as a violation of the particular rule for which the waiver was granted. As a
				  result, the recipient of a waiver under this rule who violates a condition of
				  the waiver may be subject to the same remedies or penalties as a person who
				  violates the rule at issue.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order
				  is a defense within its terms and the specific facts indicated therein only for
				  the specific conveyance to which the order pertains in any proceeding in which
				  the rule in question is sought to be invoked.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.16 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the board's decision to grant or deny a
				  waiver petition may be taken in accordance with Iowa Code chapter
				  17A.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 67 - Elevator Safety Board Petitions for Rule Making › Rule 875-67.1 - Petitions for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person or agency may file a petition for rule making with
				  the board requesting the adoption, amendment or repeal of a rule. The required
				  form for a petition for rule making is available on the board's website
				  at
www.iowaelevators.gov
. The
				  petition shall be filed at the location specified in rule
				  875-65.5 (89A). A petition is
				  deemed filed when it is received by the board office. The board office shall
				  provide the petitioner with a file-stamped copy of the petition if the
				  petitioner provides the board an extra copy for this purpose. The petition must
				  be in writing and provide the following information where applicable and known
				  to the petitioner:
(1) A statement of
				the specific rule-making action sought by the petitioner including the text or
				a summary of the contents of the proposed rule or amendment to a rule and, if
				it is a petition to amend or repeal a rule, a citation to and the relevant
				language of the particular portion or portions of the rule proposed to be
				amended or repealed.
(2) A citation
				to any law deemed relevant to the board's authority to take the action urged or
				to the desirability of that action.
(3) A brief summary of petitioner's arguments
				in support of the action urged in the petition.
(4) A brief summary of any data supporting
				the action urged in the petition.
(5) The names and addresses of other persons,
				or a description of any class of persons, known by petitioner to be affected by
				or interested in the proposed action which is the subject of the
				petition.
(6) The petition must be
				dated and signed by the petitioner or the petitioner's representative. The
				petition must also include the name, mailing address, and telephone number of
				the petitioner and petitioner's representative, and a statement indicating the
				person to whom communications concerning the petition should be
				directed.
(7) The board may deny a
				petition because it does not provide the required information.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 67 - Elevator Safety Board Petitions for Rule Making › Rule 875-67.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support
				  of the action urged in the petition. The board may request a brief from the
				  petitioner or from any other person concerning the substance of the
				  petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 67 - Elevator Safety Board Petitions for Rule Making › Rule 875-67.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				  may be made to Elevator Safety Board, Department of Workforce Development,
				  Division of Labor Services, 150 Des Moines Street, Des Moines, Iowa
				  50309.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 67 - Elevator Safety Board Petitions for Rule Making › Rule 875-67.4 - Board Review Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless
				the board makes other arrangements, petitions for rule making will be reviewed
				and may be granted or denied at the next scheduled board meeting following
				receipt of the petition. However, if the petition is received less than three
				weeks prior to the scheduled board meeting, the petition will be reviewed at
				the subsequent meeting. The board may request the petitioner to submit
				additional information or argument concerning the petition. The board may also
				solicit comments from any person on the substance of the petition. Also,
				comments on the substance of the petition may be submitted to the board by any
				person.
(2) The petitioner shall be
				provided a reasonable opportunity to make a presentation to the board. The
				length of time allotted for presentation shall be reasonable in light of the
				complexity and number of issues involved.
(3) Within 60 days after the filing of the
				petition, or within any longer period agreed to by the petitioner, the board
				shall deny the petition in writing and notify petitioner of its action and the
				specific grounds for the denial, or grant the petition and notify petitioner
				that the board will institute rule-making proceedings on the subject of the
				petition. Notice shall be sent by the board office to the petitioner by regular
				mail. Petitioner shall be deemed notified of the denial or granting of the
				petition on the date the board office mails the required notification to the
				petitioner. Copies of the petition and the document granting or denying the
				petition shall be sent to the administrative rules review committee.
(4) Denial of a petition because it does not
				contain the required information does not preclude the filing of a new petition
				on the same subject that seeks to eliminate the grounds for the board's
				rejection of the petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file at the board's offices a petition with
				  the board for a declaratory order as to the applicability to specified
				  circumstances of a statute, rule, or order within the primary jurisdiction of
				  the board. A petition is deemed filed when it is received by that office. The
				  board shall provide the petitioner with a file-stamped copy of the petition if
				  the petitioner provides the board an extra copy for this purpose.
(1) The required form for a petition for
				declaratory order is available on the board's website at www.iowaelevators.gov.
				The petition must be in writing and provide the following information where
				applicable and known to the petitioner:
a. A
				clear and concise statement of all relevant facts on which the order is
				requested.
b. A citation and the
				relevant language of the specific statutes, rules, or orders whose
				applicability is questioned, and any other relevant law.
c. Clear and concise questions the petitioner
				wants the board to answer.
d. The
				answers to the questions desired by the petitioner and a summary of the reasons
				urged by the petitioner in support of those answers.
e. The reasons for requesting the declaratory
				order and disclosure of the petitioner's interest in the outcome.
f. A statement indicating whether the
				petitioner is currently a party to another proceeding involving the questions
				at issue and whether, to the petitioner's knowledge, those questions have been
				directed by, are pending determination by, or are under investigation by any
				governmental entity.
g. The names
				and addresses of other persons, or a description of any class of persons, known
				by petitioner to be affected by, or interested in, the questions in the
				petition.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				  order, the board shall give notice of the petition to all persons not served by
				  the petitioner pursuant to rule
				  875-68.6
				  (17A,89A) to whom notice is required by any provision of law. The board may
				  also give notice to any other persons.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person who
				qualifies under any applicable provision of law as an intervenor and who files
				a petition for intervention within 20 days of the filing of a petition for
				declaratory order shall be allowed to intervene in a proceeding for a
				declaratory order
(2) At the
				board's discretion, a person who files a petition for intervention more than 20
				days after the filing of a petition for declaratory order but prior to the
				issuance of an order may be allowed to intervene in a proceeding for a
				declaratory order
(3) A petition
				for intervention shall be filed at the board office. Such a petition is deemed
				filed when it is received by that office. The board will provide the petitioner
				with a file-stamped copy of the petition for intervention if the petitioner
				provides an extra copy for this purpose.
a. A
				petition for intervention must be in writing and provide the following
				information where applicable and known to the requester:
(1) Facts supporting the intervenor's
				standing and qualifications for intervention.
(2) The answers urged by the intervenor to
				the question or questions presented and a summary of the reasons urged in
				support of those answers.
(3)
				Reasons for requesting intervention and disclosure of the intervenor's interest
				in the outcome.
(4) A statement
				indicating whether the intervenor is currently a party to any proceeding
				involving the questions at issue and whether, to the intervenor's knowledge,
				those questions have been decided by, are pending determination by, or are
				imder investigation by any governmental entity.
(5) The names and addresses of any additional
				persons, or a description of any additional class of persons, known by the
				intervenor to be affected by, or interested in, the questions
				presented.
(6) Whether the
				intervenor consents to be bound by the determination of the matters presented
				in the declaratory order proceeding.
Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 68 - Declaratory Orders by the Elevator Safety Board › Rule 875-68.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or intervenor may file a brief in support of
				  the position urged. The board may request a brief from the petitioner, any
				  intervenor, or any other person concerning the questions raised in the
				  petition.