Title 8, Chapter 2, Section 104
( 8-2-104)
(a) The Commissioner shall be authorized to employ inspectors to
carry out the provisions of this part. The Commissioner shall also
be authorized to certify other qualified persons to carry out the
provisions of this part, including technically competent individuals
of any company licensed to insure and insuring elevators in this
state and technically competent individuals of a regularly
established elevator inspection service. The Commissioner shall
prescribe the qualifications, authority, functions, and duties of
such inspectors. (b)(1)(A) The Commissioner shall by rules and regulations
prescribe various inspection fees and operating permit fees
necessary to enable the state and local enforcement authorities
to carry out the provisions of this part. (B) The owners and users of elevators, dumbwaiters, escalators,
manlifts, and moving walks which are inspected by certified
inspectors in private business or with private corporations
shall be exempt from the payment to the state or local
enforcement authorities of the inspection fees provided in
subparagraph (A) of this paragraph. (2) Elevators, dumbwaiters, escalators, manlifts, and moving walks
subject to operating permit inspections by private inspectors
shall be inspected within 60 calendar days following the required
reinspection date. Inspections not performed within this 60
calendar day period shall result in a civil penalty of $500.00 for
each elevator, dumbwaiter, escalator, manlift, or moving walk not
inspected. (3) Inspection fees due on elevators, dumbwaiters, escalators,
manlifts, and moving walks subject to inspection by the chief or
deputy inspectors or operating permit fees due from inspections
performed by private inspectors shall be paid within 60 calendar
days of completion of such inspections. Inspection fees or
operating fees unpaid within 60 calendar days shall bear interest
at the rate of 1.5 percent per month or any fraction of a month.
Interest shall continue to accrue until all amounts due, including
interest, are received by the Commissioner. (4) The Commissioner may waive the collection of the penalties and
interest assessed in paragraphs (2) and (3) of this subsection
when it is reasonably determined that the delays in inspection or
payment were unavoidable or due to the action or inaction of the
department. (c) The American National Standard Safety Code for elevators,
dumbwaiters, escalators, and moving walks ANSI A17.1-1984 and the
Safety Standards for Manlifts ANSI A90.1a-1976 are adopted as rules
and regulations of the Department of Labor for the purposes of this
part until otherwise amended by rules and regulations of the
Commissioner. (d) In addition to the rules and regulations adopted pursuant to
subsections (b) and (c) of this Code section, the Commissioner shall
be authorized to adopt such rules and regulations as may be
reasonably necessary to carry out the provisions of this part.
(e) The Commissioner shall also have the power in any particular
case to grant exceptions and variations from the literal
requirements of the rules and regulations adopted pursuant to
subsection (c) of this Code section. Such exceptions and variations
shall be granted only in any particular case where it is clearly
evident that they are necessary to prevent undue hardship or where
the existing conditions prevent compliance with the literal
requirements of the rules and regulations. In no case shall any
exception or variation be granted unless, in the opinion of the
Commissioner, reasonable safety will be secured thereby. |