ARC 8322C

ARC 8322C

Proposing rulemaking related to administration of the conveyance safety program
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):

●October 1, 2024

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Division and advise of specific needs.

ITEM 1.Rescind 875—Chapter 71 and adopt the following new chapter in lieu thereof:

CHAPTER 71

ADMINISTRATION OF THE CONVEYANCE SAFETY PROGRAM

875—71.1(89A) Definitions. The definitions contained in this rule apply to 875—Chapters 71, 72, and 73.

“Acceptance checklist” means a checklist available on the website of the department that includes a list of major systems and components of conveyances.

“AECO” means an elevator/escalator certification organization accredited pursuant to ASME A17.7.

“Approved” means approved by the department.

“CCD” means code compliance documentation as described in ASME A17.7, Section 2.10.

“CEI” means a person who is a certified elevator inspector or certified elevator inspector supervisor and who received the certification from a certifying organization that holds a valid document of accreditation issued by an accreditation body in accordance with ANSI/ISO/IEC 17024.

“Center of the elevator path” means a vertical line through the center point of an elevator car top beginning two feet below the lower landing and ending ten feet above the highest landing of an elevator.

“Control” means the system governing the starting, stopping, direction of motion, acceleration, speed and deceleration of the moving member.

“Conveyance” means any elevator, escalator, material lift elevator installed on or after August 10, 2016, dumbwaiter, wind tower lift, CPH, or other equipment governed by Iowa Code chapter 89A.

“CPH” means a construction personnel hoist.

“CPH jump” means the addition or removal of mast or tower allowing a change in the hoist service elevation of a CPH.

“Department” means the department of inspections, appeals, and licensing.

“Director” means the director of the department of inspections, appeals, and licensing or the director’s designee.

“Elevator” means a hoisting and lowering mechanism equipped with a car or platform that moves in guides in a substantially vertical direction and that serves two or more floors of a building or structure. “Elevator” does not include a CPH.

“Elevator mechanic” means a person who meets the standard for “elevator personnel” found in ASME A17.1.

“Hoistway-unit system” means a series of hoistway-door interlocks, hoistway-door electric contacts or hoistway-door combination mechanical locks and electric contacts, or a combination thereof, the function of which is to prevent operation of the driving machine by the normal operating device unless all hoistway doors are in the closed position and, if required, locked.

“Imminent danger” means one or more conditions or practices exist that are reasonably expected to cause death or serious physical harm immediately.

“Seal off” means to place a conveyance controller in the off position and attach a wire seal with a tag warning that the conveyance must be rendered dormant or not used pending repairs.

“Serious danger” means one or more conditions or practices exist that create a substantial probability that death or serious physical harm could result.

“Waiver” means a waiver pursuant to Iowa Code section 17A.9A or an exception or variance pursuant to Iowa Code section 89A.11.

“Wind tower lift” means a conveyance designed and utilized solely for movement of trained and authorized people and small loads in wind towers built for the production of electricity.

875—71.2(89A) Registration of conveyances. The owner or authorized agent of each operable conveyance not previously registered shall register the conveyance. An application to install a new conveyance constitutes registration. All registrations are submitted to the director on forms available from the department and include all information requested by the director.

875—71.3(89A) State identification number. The director will assign an identification number to each conveyance that shall be stamped on a metal tag permanently attached to the controller, to the electrical disconnecting switch, or in a wind tower lift cage.

875—71.4(89A) Responsibility for obtaining permits. The procuring of all permits and the payment of all fees required by this chapter are the responsibility of the owner. Failure to obtain the appropriate permit prior to installation, alteration or operation may, at the discretion of the director, result in a referral to the attorney general for prosecution of criminal penalties.

875—71.5(89A) Installation permit requirements.

71.5(1) Installation will not begin until an installation permit has been issued by the department. A separate installation permit will be issued for each conveyance, except that a single installation permit will cover all identical wind tower lifts installed as the result of one construction contract in identical wind towers in a single wind farm.

71.5(2) Application for an installation permit shall be accompanied by the fee, in the format required by the director, and include the following, as applicable:

a.Sectional plan of car and hoistway.

b.Sectional plan of machine room.

c.Sectional elevation of hoistway and machine room including the pit, bottom and top clearance of car and counterweights.

d.Size and weight of rails and guide rail bracket spacing.

e.The estimated maximum vertical forces on the guide rails on application of the safety device.

f.In the case of freight elevators for class B or class C loading, the horizontal forces on the guide rail faces during loading and unloading and the estimated maximum horizontal forces in a post-wise direction on the guide rail faces on the application of the safety device.

g.The size and weight per foot of any rail reinforcements where rail reinforcements are provided.

h.Job specifications.

i.For a conveyance covered by ASME A17.7, a complete copy of the CCD with attachments and a complete copy of the Certificate of Conformance with attachments as described by ASME A17.7, Appendix I, Section 4.5.

j.For a CPH, the number of CPH jumps planned, the planned dates for each CPH jump, and the change in the number of floors anticipated with each CPH jump.

71.5(3) A CPH installation permit issued in response to an application submitted in full compliance with this subrule permits each planned CPH jump. Each CPH jump will be considered an alteration. The fee for a CPH installation permit is the total of the CPH installation permit fee and the CPH alteration permit fee.

71.5(4) Issuance of an installation permit is not a waiver of any requirement of law.

71.5(5) The installation permit or a copy of the installation permit shall be conspicuously posted at the worksite. All the wind towers covered by a single installation permit are a single worksite, and posting one copy of the installation permit at the construction project office is sufficient compliance with this subrule.

71.5(6) Except as described here, the installation permit expires upon the earlier of the completion of the installation as described in the permit application or one year after issuance.

a.For a CPH, the installation permit expires upon completion of the last CPH jump.

b.For any conveyance, during the tenth month after issuance, and upon submission to the director of sufficient justification, the fee established by this chapter, and other required information, an extension may be granted at the discretion of the director.

875—71.6(89A) Construction permits—requirements. A construction permit authorizes the temporary, limited use of an elevator for purposes relating to construction or demolition.

71.6(1) Use of the elevator will not begin until a construction permit has been issued by the department.

71.6(2) Application for a construction permit will be in the format required by the director and must include all the information requested by the director and the fee specified by this chapter.

71.6(3) Upon submission of the completed application and fee, a state inspector will be scheduled to inspect the elevator. Construction permits will be issued only if the following criteria are met:

a.The elevator has been successfully tested pursuant to the requirements of ASME A17.1, Section 8.11.5.13; and

b.The applicable requirements of ASME A17.1, Section 5.10, are met.

71.6(4) The construction permit or a copy of the construction permit will be posted conspicuously in a protective sleeve in the elevator car.

71.6(5) The construction permit will expire 120 days after issuance. However, between 90 and 110 days after issuance and upon submission to the director of sufficient justification, the fee established by this chapter, and other required information, an extension of up to 90 days may be granted at the discretion of the director.

71.6(6) Elevators with a construction permit but without an operating permit will not be accessible to the general public.

71.6(7) Failure to comply with these provisions may result in the revocation of the construction permit.

71.6(8) An operating permit will not be issued before construction and an acceptance inspection are complete.

875—71.7(89A) Operating permits—requirements.

71.7(1) Operation of equipment covered by this chapter without a current operating permit is prohibited, except for construction permits, controller upgrade permits, and temporary removals from service, all defined in this chapter. If operation of a conveyance is prohibited under this rule, the director may post notice on the conveyance that it is not to be used. The conveyance may be returned to service only after an operating permit for the conveyance has been issued or reissued.

71.7(2) Operating permits will not be issued prior to successful completion of an inspection and payment of all permit and inspection fees owed to the department.

71.7(3) Current operating permits or copies of current operating permits will be conspicuously displayed as follows:

a.The operating permit for an elevator or CPH will be posted in the car.

b.The operating permit for an escalator, dumbwaiter, wind tower lift, moving walk, or wheelchair lift will be posted on or near the subject conveyance.

71.7(4) An operating permit expires 60 days after the first permit renewal inspection following the issuance of the operating permit, unless an earlier date is dictated by this rule.

71.7(5) An operating permit is automatically suspended when an alteration begins. The operating permit automatically resumes when the elevator passes an inspection.

71.7(6) An operating permit is automatically terminated when an imminent danger notice is posted on the conveyance.

71.7(7) Notwithstanding other provisions of this rule, at the discretion of the director, a temporary operating permit may be issued for up to 30 days provided the inspection has been completed and no code violations were identified. Issuance of a temporary operating permit does not extend the expiration date of the conveyance’s operating permit.

875—71.8(89A) Controller upgrade permits—requirements. A controller upgrade permit may be issued to allow operation of an elevator while work to upgrade controls requires deactivation of the Phase I recall initiated by smoke sensing devices. Each elevator to be altered requires a separate controller upgrade permit. The duration of a controller upgrade permit will not exceed 90 days. Each elevator in the group will pass inspection prior to being placed back into service.

71.8(1) A controller upgrade permit will not be issued unless each of the following conditions is met:

a.Two or more elevators share a lobby at the level of the recall floor.

b.The project includes the installation of new elevator controllers in all of the elevators in the group.

c.Phase I fire recall initiated by a key-operated switch and all other controls will be properly functioning for each elevator available for use.

d.There is a current alteration permit for the project.

e.A complete application for the controller upgrade permit and the fee established by this chapter have been submitted and accepted.

71.8(2) A controller upgrade permit does not waive or excuse compliance with the requirements of any other governmental entity, including the department of public safety.

71.8(3) Upon the submission to the director of sufficient justification, the fee established by this chapter, and other required information, an extension of the permit for up to 60 days may be granted.

875—71.9(89A) Alteration permits—requirements.

71.9(1) Alteration will not begin until an alteration permit has been issued by the department.

71.9(2) Application for an alteration permit will be in the format required by the director and will include scope of work, drawings and specifications of all planned changes and the fee.

71.9(3) Issuance of an alteration permit is not a waiver of any requirement of law.

71.9(4) The alteration permit or a copy of the alteration permit will be conspicuously posted at the worksite.

71.9(5) If a complete installation permit application was submitted for a CPH pursuant to subrule 71.5(3), at least seven days’ advance notice of each CPH jump will be provided to the director.

71.9(6) The alteration permit expires upon the earlier of the completion of the alteration as described in the permit application or one year after issuance. However, during the tenth month after issuance and upon submission to the director of the fee set forth in this chapter, sufficient justification, and other required information, the director may grant an extension of the alteration permit.

875—71.10(89A) Alteration requirements.

71.10(1) Alterations or changes will comply with applicable rules.

71.10(2) A conveyance that is relocated will be brought into compliance with all codes that are applicable at the time of relocation.

71.10(3) Alterations of conveyances other than escalators and elevators require that the entire conveyance be brought into compliance with the current code.

71.10(4) Work required by ASME A17.3 (2011) qualifies as normal maintenance and does not require an alteration permit except for work performed to comply with ASME A17.3 (2011) 2.3.3, 3.4.4.1(a), 3.4.4.2, 3.5.3, 3.5.5(a) and (b), 3.5.7, 3.6.1, 3.6.2, 3.8.1(a), 3.8.3(a), 3.10.1, 3.10.4(b) through (g), 3.10.4(i) through (k), 3.10.4(m), 3.10.4(r), 3.10.4(w), 3.10.7, 3.10.9, 3.10.10, 4.4.2, 4.4.3, and 4.7.3.

875—71.11(89A) Inspection requirements. Pursuant to Iowa Code section 89A.12, inspections by the director will be permitted at reasonable times with or without prior notice.

71.11(1) Scope of inspections.

a.Comprehensive. Periodic inspections will be comprehensive. Elevators being transferred from construction permits to operating permits, previously dormant conveyances being returned to service, relocated conveyances, and new conveyances will be inspected in their entirety prior to operation.

b.Limited. An alteration inspection is normally limited to the altered components. If the inspector notices a safety hazard in plain view during an inspection after alteration, or if the periodic inspection is due, the entire conveyance will be inspected.

71.11(2) When inspections will occur. When the timing of two different types of inspection on a single conveyance coincide, a state inspector may perform both inspections in one visit.

a.Periodic inspections.

(1)Each construction elevator and CPH will be inspected at intervals not to exceed three months. All other periodic conveyance inspections by state inspectors are conducted annually unless the director determines resources do not allow annual inspections. If the director determines quarterly inspections of construction elevators and CPHs and annual inspections of other state-inspected conveyances are not feasible due to insufficient resources, the director will determine the inspection schedule.

(2)Conveyance inspections by special inspectors will be conducted at least annually.

(3)The inspector will arrange to perform the periodic inspection of a broadcast tower elevator when the maintenance company is on site to perform the periodic tests. If the inspection is to be performed by employees of the director, the inspection will occur during the department’s normal business hours, unless otherwise agreed to by the director.

b.Acceptance inspections. A CPH will be inspected pursuant to the schedule in ANSI A10.4 – 2007, Chapter 26. For all other conveyances, an acceptance inspection will occur:

(1)After each relocation,

(2)After each alteration,

(3)For a new installation, not less than two business days after a completed acceptance checklist is submitted by the conveyance installation company,

(4)Before an elevator subject to a construction permit receives an operating permit, and

(5)Before a previously dormant conveyance is returned to service.

c.Other inspections. Inspections may be made when the director reasonably believes that a conveyance is not in compliance with the rules. Accidents, complaints, or requests for consultative inspections may result in inspections by the director.

71.11(3) Who may perform inspections.

a.The director will inspect altered conveyances, construction elevators, CPHs, previously dormant conveyances being returned to service, relocated conveyances, and new conveyances.

b.Except as noted in 71.11(3)“c,” annual inspections may be performed by state inspectors or special inspectors authorized by the director.

c.An inspection report by a special inspector will not be accepted as the required, annual inspection if the conveyance is under contract for maintenance, installation or alteration by the special inspector or the special inspector’s employer, or if the property is owned or leased by the special inspector or the special inspector’s employer.

71.11(4) Inspection standards. Inspections will be performed in accordance with applicable safety codes or documents such as:

a.CCD;

b.ASME A17.1, Sections 8.10 and 8.11, except Section 8.11.1.1;

c.ANSI A10.4-2007; or

d.ASME A18.1.

71.11(5) Inspection reports.

a.All inspectors will file inspection reports on forms approved by the director within 30 days from the date of inspection and will provide owners of conveyances with copies of completed inspection reports. The inspection report must separately list each unsafe condition and the applicable, specific code citation. Up to 30 days will be allowed for correction of the unsafe conditions.

b.The owner may file a petition for reconsideration of an inspection report. The timely and proper filing of a petition for reconsideration extends the deadline for correction of the hazards that are subject to the petition for reconsideration.

71.11(6) Extension of time. The owner may petition the director for up to 60 additional days to make the necessary corrections. The time frames may be adjusted by the director as necessary to accommodate an extension of time.

71.11(7) Correction of unsafe conditions. In the absence of a determination on reconsideration or appeal that correction of hazards is not required, all unsafe conditions identified in the inspection report will be corrected. The director will verify correction of all unsafe conditions identified in the inspection report by sending a state inspector to reinspect the conveyance for the applicable fee, or by reviewing appropriate documentation such as a photograph, invoice, other verifiable document, or subsequent inspection report. The time frames set forth in this subrule may be accelerated at the request of the owner.

a.Promptly upon receipt of an inspection report listing unsafe conditions, the director will send to the owner and the special inspector, if any, an abatement order. A copy of the inspection report will be attached to the abatement order. Unless a special inspector conducted the inspection, the order may specify a period that ends no more than 45 days after the inspection during which the owner may submit written evidence that the unsafe conditions have been corrected. The abatement order will:

(1)Identify the equipment.

(2)Demand that the unsafe conditions be corrected within the period set forth in the inspection report.

(3)Set forth the consequences of failure to comply.

b.After the period specified on the inspection report has passed, the director may cause a state inspector to verify correction of all unsafe conditions. If reinspection reveals no significant progress toward correcting the unsafe conditions, or the remaining unsafe conditions create significant safety concerns, the director may serve a notice of intent to suspend, deny or revoke the operating permit.

If there is a serious danger, the director may seal off the conveyance and post notice on the conveyance that it is not to be used pending repairs. Use of a conveyance prior to completion of the required repairs may result in additional legal proceedings. The conveyance may be returned to service only after the serious danger has been corrected and the conveyance has passed a comprehensive inspection.

c.The director may issue an operating permit after receipt of the appropriate fee and verification that each unsafe condition identified in the inspection report has been corrected.

d.If written proof of correction was requested in the abatement order, but adequate proof was not received by the deadline set forth in the abatement order, the director may send a second abatement order or cause a state inspector to inspect the conveyance. If the director elects to send a second abatement order, it will notify the owner that, if written proof of abatement is not received within 20 days, a state inspector may be sent to the site. Copies of the abatement order and the inspection report will be attached to the second abatement order.

e.If a special inspector conducted the inspection, more than 45 days have passed since the deadline for correction of hazards, and an inspection report indicating the hazards are corrected has not been filed, the director may:

(1)Contact the special inspector,

(2)Send a second abatement order to the owner with copies of the inspection report and first abatement order, or

(3)Send a state inspector to inspect the conveyance. If there is a serious danger, the director may seal off the conveyance and post notice on the conveyance that it is not to be used pending repairs. Use of a conveyance prior to completion of the required repairs may result in additional legal proceedings. The conveyance may be returned to service only after the serious danger has been corrected and the conveyance has passed a comprehensive inspection.

f.If an inspection as described in paragraph 71.11(7)“d” or “e” reveals no significant progress toward correcting the unsafe conditions, and the remaining unsafe conditions create no significant safety concerns, the director may extend the time for abatement of the unsafe conditions an additional ten days or may serve a notice of intent to suspend, deny or revoke the operating permit. The director may also post a notice prohibiting use of the conveyance pending abatement of the unsafe conditions listed in the inspection report.

g.If an abatement order was provided and a conveyance is not in use and the owner does not intend to use the conveyance, repair the conveyance, or make the conveyance dormant, the director may seal off the conveyance.

71.11(8) Imminent danger. If the director determines that continued operation of a conveyance pending correction of unsafe conditions creates an imminent danger, the director may seal off the conveyance and post notice on the conveyance that it is not to be used pending repairs. Use of a conveyance contrary to posted notice by the director may result in additional legal proceedings pursuant to Iowa Code section 89A.10(3) or 89A.18. The conveyance may be returned to service only after the imminent danger has been corrected and the conveyance has passed a comprehensive inspection.

71.11(9) Interference prohibited. No person shall interfere with, delay or impede an inspector employed by the state during an inspection.

71.11(10) Escalator inspections. The owner will arrange for an escalator mechanic to be on site to assist with the inspection. The inspector will work with the owner to arrange an inspection time.

875—71.12(89A,252J,272D) Special inspector commissions.

71.12(1) Definition. As used in this rule, “certificate of noncompliance” means:

a.A certificate of noncompliance issued by the child support recovery unit, department of human services, pursuant to Iowa Code chapter 252J; or

b.A certificate of noncompliance issued by the centralized collection unit of the department of revenue pursuant to Iowa Code chapter 272D.

71.12(2) Qualifications.

a.Each applicant will possess a high school diploma or general equivalency degree.

b.Each applicant will have at least three years of full-time work experience in the construction, installation, repair or inspection of conveyances.

c.Each applicant will be a CEI.

d.Each applicant will satisfactorily pass the department’s examination on Iowa procedures, Iowa policies, and all safety standards adopted by reference.

e.Each applicant will submit proof of insurance coverage insuring the applicant against liability for injury or death for any act or omission on the part of the applicant. The insurance policy will be in an amount of not less than $1,000,000 for bodily injury to or death of one person in any one accident, and in an amount of not less than $5,000,000 for bodily injury to or death of two or more persons in any one accident, and in an amount of not less than $100,000 for damage to or destruction of property in any one accident. The insurance coverage of the special inspector’s employer complies with this requirement if the coverage provides equivalent coverage for each special inspector.

71.12(3) Application. An applicant for a commission will complete, sign, and submit to the department the form provided by the department with the required fee. The applicant will include with the application proof that the applicant is a CEI.

71.12(4) Expiration. The commission expires when the commission is suspended or revoked by the director or one year from issuance, whichever occurs earlier.

71.12(5) Changes. The special inspector shall notify the department at the time any of the information on the form or attachments changes.

71.12(6) Denials. The director may refuse to issue or renew a special inspector’s commission for failure of the applicant to complete an application package, if the applicant is not a CEI, or for any reason listed in subrules 71.12(8) through 71.12(10).

71.12(7) Investigations. The director may investigate for any reasonable cause related to special inspectors or special inspector applicants. The director may conduct interviews and utilize other reasonable investigatory techniques. Investigations may be conducted without prior notice at the times and in the places the director directs. The director may notify the organization that certified the special inspector as a CEI of the findings of an investigation.

71.12(8) Reasons for probation. The director may issue a notice of commission probation when an investigation reasonably reveals that the special inspector filed inaccurate reports.

71.12(9) Reasons for suspension. The director may issue a notice of commission suspension when an investigation reasonably reveals any of the following:

a.The special inspector failed to submit and report inspections on a timely basis;

b.The special inspector abused the special inspector’s authority;

c.The special inspector misrepresented self as a state inspector or a state employee;

d.The special inspector used commission authority for inappropriate personal gain;

e.The special inspector failed to follow the department’s rules for inspection of object repairs, alterations, construction, installation, or in-service inspection;

f.The special inspector committed numerous violations;

g.The special inspector used fraud or deception to obtain or retain, or to attempt to obtain or retain, a special inspector commission whether for one’s self or another;

h.The special inspector is no longer a CEI;

i.The department received a certificate of noncompliance; or

j.The special inspector failed to take appropriate disciplinary actions against a subordinate special inspector who has committed repeated acts or omissions listed herein.

71.12(10) Reasons for revocation. The director may issue a notice of revocation of a special inspector’s commission when an investigation reveals any of the following:

a.The special inspector filed a misleading, false or fraudulent report;

b.The special inspector failed to perform a required inspection;

c.The special inspector failed to file a report or filed a report that was not in accordance with the provisions of applicable standards;

d.The special inspector committed repeated violations;

e.The special inspector used fraud or deception to obtain or retain, or to attempt to obtain or retain, a special inspector commission whether for one’s self or another;

f.The special inspector instructed, ordered, or otherwise encouraged a subordinate special inspector to perform acts or omissions listed herein;

g.The special inspector is no longer a CEI; or

h.The department received a certificate of noncompliance.

71.12(11) Procedures. The following procedures shall apply except in the event of revocation or suspension due to receipt of a certificate of noncompliance. In instances involving receipt of a certificate of noncompliance, the applicable procedures of Iowa Code chapter 252J or 272D shall apply.

a.Notice of actions. The director will serve a notice on the special inspector by certified mail to an address listed on the commission application form or by other service as permitted by Iowa Code chapter 17A.

b.Emergency suspension. If the director finds that the public health, safety or welfare imperatively requires emergency action because a special inspector failed to comply with applicable laws or rules, the special inspector’s commission may be summarily suspended.

c.Probation period. A special inspector may be placed on probation for a period not to exceed one year for each incident causing probation.

d.Suspension period. A special inspector’s commission may be suspended up to five years for each incident causing a suspension.

e.Revocation period. A special inspector’s commission that has been revoked will not be reinstated for five years.

f.Concurrent actions. Multiple actions may proceed at the same time against any special inspector.

g.Revoked or suspended commissions. Within five business days of final agency action revoking or suspending a special inspector commission, the special inspector shall surrender the special inspector’s commission card to the director. The director may notify the special inspector’s employer and the organization that certified the special inspector as a CEI of a revocation or suspension.

875—71.13(89A) Safety tests. Only safety test reports submitted on approved forms from elevator mechanics who are employed by authorized companies meet the requirements of this rule. The alternative test methods set forth at ASME A17.1, Rule 8.6.11.10, are not allowed as a substitute for a full-load safety test.

71.13(1) When safety tests will be performed.

a.Safety tests are performed on new and altered installations before they are placed in service.

b.Category 1 safety tests of wind turbine tower elevators are conducted after two years of operation, and category 5 safety tests of wind turbine tower elevators are performed after ten years of operation.Safety tests shall be made on all other conveyances pursuant to the schedules and procedures set forth in:

(1)The maintenance control plan for wind tower lifts exempted from ASME A17.1;

(2)The CCD for conveyances covered by ASME A17.7-2007/CSA B44-07;

(3)The columns pertaining to “periodic tests” in Table N-1 in the edition of ASME A17.1 currently adopted for new conveyances;

(4)ASME A18.1(2003), Part 10; or

(5)ANSI A10.4-2007, Section 26.4.

71.13(2) How safety tests will be reported. Within 30 days after completion of a safety test, the elevator mechanic shall file with the director a report on an approved form and provide a copy of the form to the owner and to the witness, if applicable.

71.13(3) How safety tests will be recorded. The elevator mechanic shall attach a tag showing the date of the test, the elevator mechanic’s name, and the type of test performed.

a.On electric traction elevators, the elevator mechanic attaches the tag to the safety-releasing carrier.

b.On hydraulic elevators, the elevator mechanic attaches the tag to the disconnecting switch or the controller.

c.On wheelchair lifts, the elevator mechanic attaches the tag to the disconnecting switch.

d.On other conveyances covered by these rules, the director witnessing the acceptance safety test will indicate the proper location of the tag. Subsequent test tags are attached in the same location.

875—71.14(89A) Authorized companies—requirements.

71.14(1) Each year, authorized companies will train their elevator mechanics who perform safety tests on safety test procedures.

71.14(2) For each conveyance owned by an authorized company, the owner will obtain the services of a CEI who is not employed by the authorized company or an inspector employed by the state to witness the safety test.

71.14(3) To become authorized to perform safety tests, a company will submit a copy of its procedures for performing safety tests. The director will review the procedures for adequacy and will request modifications to the procedures or grant or deny the authorization.

71.14(4) Every five years or within six months after the board adopts a new edition of ASME, whichever is earlier, authorized companies will submit revised safety test procedures for renewal of authorization. The director will review the procedures for adequacy and will request modifications to the procedures or grant or deny the authorization.

71.14(5) Investigations. Investigations will take place at the times and in the places the director directs. The director may investigate for any reasonable cause. The director may conduct interviews and utilize other reasonable investigatory techniques. Investigations may be conducted without prior notice.

71.14(6) Suspension. If the director determines that a falsified safety test report was submitted by an elevator mechanic, the director will suspend the authorization of the elevator mechanic’s employer for six months. During the suspension, all safety tests performed by any employee of the authorized company will be witnessed by a state inspector or a CEI who is not employed by the suspended authorized company.

71.14(7) Suspension procedures.

a.The director will notify an authorized company of its suspension by certified mail or by other service as permitted by Iowa Code chapter 17A.

b.The authorized company will have 20 days to file a written notice of contest with the director. If the authorized company does not file a written notice of contest in a timely manner, the suspension will automatically be effective. If the authorized company does file a written notice of contest in a timely manner, department hearing procedures govern.

c.If the director finds, pursuant to Iowa Code section 17A.18A, that public health, safety or welfare imperatively requires emergency action, the authorization may be summarily suspended.

875—71.15(89A) Fees. Except as noted in this rule, all fees are nonrefundable and due in advance.

71.15(1) Operating permits. The annual operating permit fee is $75 per conveyance.

71.15(2) Periodic inspections. Fees shall be remitted to the department within 30 days of the date of inspection. The fees for periodic inspections are as follows:

a.Construction elevator: $200.

b.Wind tower lift: $225.

c.Hand-powered elevator: $90.

d.Television tower elevator: $500.

e.Handicapped restricted use elevator: $100.

f.Other hydraulic elevator: $100.

g.Other traction elevator: $150.

h.Escalator: $150.

i.Dumbwaiter: $90.

j.Wheelchair lift: $90.

k.CPH:

(1)Annual: $500.

(2)Quarterly: $200.

l.Moving walk: $150.

71.15(3) Installation permits. The fees in this subrule cover the initial print review, installation permit, initial inspection and first-year operating permit. Each print revision submitted to the department is subject to an additional fee of $100. The fees for new installations are as follows:

a.Wind tower lift: $500.

b.Material lift elevators: $500.

c.Other hydraulic elevators: $750.

d.Other traction elevators: $1,000.

e.Escalator: $1,000.

f.Dumbwaiter: $500.

g.Wheelchair lift: $500.

h.CPH: $500.

i.Moving walk: $500.

71.15(4) Alteration permits.

a.Except as set forth below, the fee for any elevator alteration permit is $500 and covers the initial print review, alteration permit, and initial inspection.

b.The fee for each CPH extension is $150. The total fee required for all planned CPH extensions shall be submitted with the installation permit application.

c.The fee for an alteration permit is $500 if the only alteration is the addition or replacement of an escalator skirt brush.

d.The fee for an initial print review, elevator alteration permit, and initial inspection is $250 if both of the following conditions are met:

(1)The only changes covered by the elevator alteration permit application are required by ASME A17.3 (2011) as adopted in 875—Chapters 372 and 373; and

(2)The elevator alteration permit application is submitted before or no later than 120 days after the issuance of an inspection report describing ASME A17.3 requirements.

e.For all other conveyances, the fees for new installations shall apply to alterations.

71.15(5) Construction permits. The construction permit fee is $200 per conveyance. This fee includes the fee for initial inspection.

71.15(6) Controller upgrade permits. The controller upgrade permit fee is $250. This fee includes one inspection.

71.15(7) Consultative inspections Consultative inspections may be performed at the discretion of the director for $125 per hour, including travel time, with a minimum charge of $250.

71.15(8) Special inspector commission. The special inspector commission fee is $60 annually.

71.15(9) Witness of safety tests. The fee for department employees to witness safety tests is $125 per hour, including travel time, with a minimum charge of $250.

71.15(10) Permit extensions. The fee to extend an installation permit, alteration permit, or construction permit is $100.

71.15(11) Inspections outside of normal business hours. Inspections outside the normal business hours may be performed at the discretion of the director. If the owner or contractor requests an inspection outside of normal business hours and the director agrees to the schedule, an additional fee will be charged. The additional fee will be calculated at a rate of $200 per hour, including travel time, with a minimum charge of $400.

71.15(12) Reinspections. The fees for reinspections are $400 for television tower elevators and CPHs, $200 for wind tower lifts, and $300 for all other conveyances.

71.15(13) Inspection for temporary removal from service. The inspection fee for temporary removal from service is $125 per hour, including travel time, with a minimum charge of $250.

71.15(14) Fee waiver.

a.When a state inspector combines in one visit two different types of inspection on a single conveyance, the director may waive the lesser of the fees.

b.The fee for an alteration permit will be waived by the director if the only alterations covered by the permit application are required by 875—Chapter 372 or 373. The fee waiver set forth in this paragraph does not eliminate the requirement to pay for an acceptance inspection or for an operating permit.

875—71.16(89A) Publications available for review. Standards, codes, and publications adopted by reference in these rules are available for review in the department office.

875—71.17(89A) Accidents and injuries—requirements.

71.17(1) This rule applies to a conveyance in the event one of the following occurs:

a.A personal injury accident that requires the service of a physician;

b.A personal injury accident that causes disability exceeding one day; or

c.Damage that will require more than one hour of mechanic’s time (excluding travel) to repair.

71.17(2) The owner will promptly notify the director if one of the events listed in subrule 71.19(1) occurs. Notification will be in writing and will include the state identification number, owner, and description of accident.

71.17(3) The removal of any part of the damaged conveyance or operating mechanism from the premises is forbidden until permission is granted by the director.

71.17(4) When an accident or injury involves the failure or destruction of any part of the conveyance or its operating mechanism, the use of the conveyance is forbidden until it has been inspected and approved by the director.

875—71.18(89A) Temporary removal from service. The requirements for an annual inspection, annual inspection fee, safety test, operating permit, and operating permit fee will be temporarily suspended for up to three years for an elevator in an unoccupied building if the requirements of this rule are met.

71.18(1) All elevator doors in unoccupied buildings shall be closed and locked. Hydraulic elevators are parked at the bottom of the hoistway. Traction elevators are parked at the top of the hoistway.

71.18(2) Upon request by the owner of an elevator in an unoccupied building, the director will send an inspector who is a state employee to confirm that the building is unoccupied and that the car and doors of the elevator have been properly secured. If the conditions set forth in subrule “1” are met, the inspector shall apply to the elevator a seal and a red tag marked with the words “Do Not Operate.”

71.18(3) One year after the inspection, the owner must file with the director written confirmation that the status of the elevator and building have not changed, and the owner must file again two years after the inspection. Failure to comply with this requirement will result in termination of the temporary suspension of the requirements for safety tests, inspections, and operating permits.

71.18(4) Prior to returning the elevator to service, and upon request of the owner, the director may allow the elevator to be operated for 30 days for the sole purpose of performing safety tests and maintenance.

71.18(5) The owner must notify the director at least two weeks before placing an elevator back into service and must arrange for an inspector who is a state employee to witness a safety test.

71.18(6) If at the end of three years the building is still unoccupied, suspension of the requirements for safety tests, inspections, and operating permits end without possibility of renewal.

These rules are intended to implement Iowa Code chapters 89A, 252J, and 272D.