PRIOR PRINTER'S NO. 1589 PRINTER'S NO. 2018
No. 1247 Session of 1998
INTRODUCED BY ARMSTRONG, JANUARY 21, 1998
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 1, 1998
AN ACT
1 Amending the act of May 2, 1929 (P.L.1518, No.452), entitled, as
2 reenacted and amended, "An act regulating the construction,
3 equipment, maintenance, operation and inspection of
4 elevators; granting certain authority to and imposing certain
5 duties upon the Department of Labor and Industry; providing
6 fees for inspection of elevators, certificates of operation,
7 and approval of plans; providing penalties for violations of
8 this act; and repealing all acts or parts of acts
9 inconsistent with this act," providing for technical
10 standards; further providing for regulations and fees;
11 increasing penalties; and providing for accident reporting
12 requirements.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1 of the act of May 2, 1929 (P.L.1518,
16 No.452), referred to as the Elevator Regulation Law, reenacted
17 and amended April 8, 1937 (P.L.277, No.69), is amended by adding
18 a definition to read:
19 Section 1. Definitions.--Be it enacted, &c., That, as used
20 in this act, * * *
21 "Existing elevator" shall mean an elevator approved by the
22 Department of Labor and Industry prior to the effective date of
1 this definition.
2 * * *
3 Section 2. Sections 2 and 3 of the act, amended July 29,
4 1941 (P.L.581, No.246), are amended to read:
5 Section 2. [General Requirement.--] Elevator Requirements.--
6 (a) Every elevator, as described in section one of this act,
7 shall be so constructed, equipped, maintained and operated, with
8 respect to the supporting members, elevator car, shaftway,
9 guides, cables, doors and gates, safety stops and mechanisms,
10 locking mechanisms, electrical apparatus and wiring, mechanical
11 apparatus, counterweights, and all other appurtenances, as to
12 safely sustain the load which the said elevator is designed and
13 intended to carry. LIFTING DEVICES SUCH AS BUILDERS HOIST USED <--
14 DURING THE CONSTRUCTION OF THE BUILDING AND COVERED BY THE
15 FEDERAL OSHA STANDARDS ARE EXEMPTED FROM THIS ACT.
16 (b) The following technical standards for elevators shall
17 apply:
18 (1) The sections of the most current edition of the "Safety
19 Code of Elevators and Escalators" published by the American <--
20 Society of Mechanical Engineers entitled: Elevator Hoist ways;
21 Hoist way Enclosures and Related Construction; Machinery and
22 equipment for electric elevators; Hydraulic elevators; Sidewalk
23 freight elevators; Hand and Gravity Elevators; Dumbwaiters;
24 Escalators; Moving walks; Engineering and type tests; Design
25 data and Formulas; Material lifts; Special industrial service
26 elevators; Rack and pinion elevators; Inclined elevators; Screw
27 column elevators; Elevators used for construction; Inclined
28 stairway chair lifts; and inclined and vertical wheelchair
29 lifts. Other sections of ASME/ANSI A 17.1 not specifically named
30 CODE FOR ELEVATORS AND ESCALATORS" OR THEIR SUCCESSOR <--
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1 PUBLICATIONS PUBLISHED BY THE AMERICAN SOCIETY OF MECHANICAL
2 ENGINEERS ENTITLED: DEFINITIONS; HOISTWAYS; HOISTWAY ENCLOSURES;
3 AND RELATED CONSTRUCTION FOR ELECTRICAL ELEVATORS; MACHINERY AND
4 EQUIPMENT FOR ELECTRIC ELEVATORS; HYDRAULIC ELEVATORS; POWER
5 SIDEWALK ELEVATORS; HAND ELEVATORS; HAND AND POWER DUMBWAITERS;
6 ESCALATORS; MOVING WALKS; ENGINEERING AND TYPE TESTS; DESIGN
7 DATA AND FORMULAS; SPECIAL PURPOSE PERSONNEL ELEVATORS; RACK AND
8 PINION ELEVATORS; INCLINED ELEVATORS; SCREW-COLUMN ELEVATORS;
9 ELEVATORS USED FOR CONSTRUCTION; INCLINED STAIRWAY CHAIRLIFTS
10 AND INCLINED AND VERTICAL WHEELCHAIR LIFTS; LIMITED-USE/LIMITED
11 APPLICATION ELEVATORS. OTHER SECTIONS OF ASME A17.1 NOT
12 SPECIFICALLY NAMED in this section are not being adopted at this
13 time.
14 (2) Existing elevators being altered, repaired, replaced or
15 maintained shall meet the section entitled "Alterations,
16 Repairs, Replacements and Maintenance" of the most current
17 edition of ASME/ANSI A 17.1, ASME A17.1, "Safety Code for <--
18 Elevators and Escalators" except that the references to
19 ASME/ANSI A 17.3 ASME A17.3 entitled "Safety Code for Existing <--
20 Elevators AND ESCALATORS" shall not apply. THE PROVISIONS OF 34 <--
21 PA. CODE CH. 7 § 7.13 (RELATING TO REPAIRS) SHALL REMAIN IN
22 EFFECT FOR MAJOR REPAIRS IDENTIFIED IN SECTION 7.13(E) UNTIL THE
23 DEPARTMENT PROMULGATES NEW REGULATIONS CONCERNING MAJOR REPAIRS.
24 (3) Builders hoists shall comply with the most current <--
25 edition of ASME/ANSI A 10.4 and ASME/ANSI 10.5.
26 (4) Ski lifts shall comply with the most current edition of
27 ASME/ANSI A 77.1.
28 (5) Man lifts shall comply with the most current edition of
29 ASME/ANSI A 90.1.
30 (6) Conveyors and related equipment shall comply with the
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1 following sections of the most current edition of ASME/ANSI B
2 20.1: Part 5, entitled "General Safety Standards," section 5.1
3 through 5.13 and 5.15 (standards), section 6.6 (inclined
4 reciprocating conveyors), and section 6.21 (vertical
5 reciprocation conveyors).
6 (3) AERIAL TRAMWAYS, AERIAL LIFTS, SURFACE LIFTS AND <--
7 TOWS SHALL COMPLY WITH THE MOST CURRENT EDITION OF ANSI
8 B77.1.
9 (4) BELT MANLIFTS SHALL COMPLY WITH THE MOST CURRENT
10 EDITION OF ASME A90.1.
11 (5) VERTICAL AND INCLINED RECIPROCATING CONVEYORS SHALL
12 COMPLY WITH THE FOLLOWING SECTIONS OF THE MOST CURRENT
13 EDITION OF ASME B20.1, PART 5, ENTITLED "GENERAL SAFETY
14 STANDARDS," SECTIONS 5.1 THROUGH 5.13 AND 5.15 (STANDARDS),
15 SECTION 6.6 (INCLINED RECIPROCATING CONVEYORS) AND SECTION
16 6.21 (VERTICAL RECIPROCATION CONVEYORS).
17 (6) STAGE, ORCHESTRA, ORGAN CONSOLE AND LUMBER ELEVATORS
18 SHALL BE COVERED BY THE 1981 EDITION OF 34 PA. CODE CH. 7
19 SUBCH. D (RELATING TO STAGE, ORCHESTRA, ORGAN CONSOLE AND
20 LUMBER ELEVATORS) AND SHALL REMAIN IN EFFECT UNTIL THE
21 DEPARTMENT PROMULGATES NEW REGULATIONS UNDER THIS ACT.
22 (c) Nothing in this act shall be construed to disallow
23 third-party elevator inspections.
24 (d) No certificate of operation for any "man lift" shall be
25 refused or suspended, unless such elevator is found to have been
26 incorrectly installed, to be mechanically defective, or to be
27 operating under some unnecessary hazard.
28 Section 3. Rules and Regulations.--(a) To carry out the
29 provisions and the intent and purpose of this act, the
30 department shall have power, and its duty shall be, to make,
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1 alter, amend or repeal rules and regulations for the
2 construction, installation, maintenance, operation and
3 inspection of elevators used or destined for use in this
4 Commonwealth, and shall make specifications for the construction
5 and equipment of such elevators. No elevator shall be permitted
6 to be installed and used in this Commonwealth which does not
7 comply with the rules and regulations herein provided for.
8 (b) The department may modify the technical standards set
9 forth in section 2 for elevator construction, repair,
10 maintenance and inspection in its rules and regulations. and <--
11 shall not require reshackling more than once every two years.
12 (c) Subchapter A of the administrative provisions of the
13 department's current regulations found at 34 Pa. Code §§ 7.2 <--
14 through 7.12, 7.2 (RELATING TO SCOPE), 7.11 (RELATING TO <--
15 EQUIPMENT OF SPECIAL DESIGN), 7.12 (RELATING TO RULES OF
16 OPERATION), 7.13 (RELATING TO REPAIRS), 7.14 (RELATING TO
17 TESTS), 7.15(A)(4), (B), (C), (D) AND (E) (RELATING TO
18 INSPECTION) AND 7.31 (RELATING TO SUBMISSION AND APPROVAL OF
19 PLANS), excluding the definitions, shall remain in effect until
20 the department promulgates new regulations under this act. All
21 other elevator regulation found at 34 Pa. Code §§ 7.31 through
22 7.487 are hereby repealed, EXCEPT 34 PA. CODE CH. 7 SUBCH. D <--
23 (RELATING TO STAGE, ORCHESTRA, ORGAN CONSOLE AND LUMBER
24 ELEVATORS).
25 (d) When the controller is replaced in an existing elevator,
26 the elevator shall be modified to comply with the emergency
27 operation and signaling devices requirements of the most current
28 edition of ASME/ANSI A 17.1 "Safety Code for Elevators." EDITION <--
29 OF ASME A17.1, "SAFETY CODE FOR ELEVATORS AND ESCALATORS."
30 (e) No rules and regulations shall be adopted prohibiting
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1 the use of man lifts, except only when such man lifts are found
2 to have been incorrectly installed, to be mechanically
3 defective, or to be operating under some unnecessary hazard.
4 (F) THE DEPARTMENT SHALL NOT REQUIRE RESHACKLING MORE THAN <--
5 ONCE EVERY TWO YEARS.
6 Section 3. Section 4 of the act, amended December 10, 1974
7 (P.L.862, No.291), is amended to read:
8 Section 4. Examination of Inspectors and Fees Therefor.--(a)
9 No person shall inspect elevators unless he has passed a written
10 examination prescribed by the department. Application for
11 examination shall be made in writing, upon a form furnished by
12 the department, [and shall be accompanied by an examination fee
13 of forty dollars ($40). If the applicant is successful in
14 passing the said examination, a certificate of competency and a
15 commission shall be issued upon the payment of an additional fee
16 of twenty dollars ($20)] and certificate of competency and
17 commissions shall be issued by the department. All inspectors
18 shall be required to secure a new credential card each year, by
19 application to the department[, which application shall be
20 accompanied by a fee of ten dollars ($10)]. The Secretary of
21 Labor and Industry may suspend any commission for due cause, but
22 no commission may be revoked until the inspector has been
23 granted a hearing.
24 (b) The department shall establish a schedule of fees for
25 examinations, certificates of competency and commissions, and
26 credentials cards. The fees shall be based on the costs incurred
27 by the department in carrying out the programs established under
28 this act. Upon the effective date of this subsection the interim
29 fees FEE schedule which will remain in effect until the <--
30 department promulgates fees as provided in this section is as
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1 follows:
2 (1) Application for examination - fifty dollars ($50).
3 (2) Certificate of competency and commission - thirty-five
4 dollars ($35).
5 (3) Credential card application - twenty dollars ($20).
6 (c) Within two years after the effective date of this
7 subsection, all inspectors shall meet the qualification MOST <--
8 CURRENT requirements of the American Society of Mechanical
9 Engineers' standards entitled "Qualified Elevator Inspector," <--
10 ASM QEI-1, STANDARD FOR THE QUALIFICATION OF ELEVATOR <--
11 INSPECTORS, (ASME QEI-1) AND POSSESS A CURRENT QEI
12 CERTIFICATION, in addition to the other requirements of this
13 section.
14 (d) No person shall inspect elevators who is not a "bona
15 fide" employe of the Commonwealth or of an insurance carrier
16 authorized to do business in this Commonwealth or of a company
17 engaged in the making of inspections on a fee or contract basis
18 when performing inspections on such basis for an insurance <--
19 carrier. For the purposes of this section, "employe" is defined
20 as any person who is directly responsible to the employer for
21 all work performed, and who receives as compensation a regular
22 salary based on full-time or part-time employment and for whom
23 workers' compensation insurance is required by law to be carried
24 by the employer. The term "employe" does not include any person
25 who inspects elevators on a commission or fee-per-inspection
26 basis.
27 Section 4. Section 7 of the act, June 23, 1972 (P.L.485,
28 No.156), is amended to read:
29 Section 7. Frequency of Inspections.--Every passenger <--
30 elevator and escalator shall be inspected [four times in] once
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1 every [twelve] six months; freight elevators, including gravity
2 elevators, shall be inspected at least twice in every twelve
3 months; dumb-waiters, hoists and other lifting apparatus shall
4 be inspected at least once in every twelve months; temporary
5 construction elevators shall be load-tested at the time of each
6 erection and inspected every three months thereafter.
7 [SECTION 7. FREQUENCY OF INSPECTIONS.--EVERY PASSENGER <--
8 ELEVATOR AND ESCALATOR SHALL BE INSPECTED FOUR TIMES IN EVERY
9 TWELVE MONTHS; FREIGHT ELEVATORS, INCLUDING GRAVITY ELEVATORS,
10 SHALL BE INSPECTED AT LEAST TWICE IN EVERY TWELVE MONTHS; DUMB-
11 WAITERS, HOISTS AND OTHER LIFTING APPARATUS SHALL BE INSPECTED
12 AT LEAST ONCE IN EVERY TWELVE MONTHS; TEMPORARY CONSTRUCTION
13 ELEVATORS SHALL BE LOAD-TESTED AT THE TIME OF EACH ERECTION AND
14 INSPECTED EVERY THREE MONTHS THEREAFTER.]
15 SECTION 7. FREQUENCY OF INSPECTIONS.--(A) ALL PASSENGER AND
16 FREIGHT ELEVATORS, SIDEWALK ELEVATORS, HAND ELEVATORS,
17 ESCALATORS, MOVING WALKS, SPECIAL PURPOSE PERSONNEL ELEVATORS,
18 RACK AND PINION ELEVATORS, INCLINED ELEVATORS, SCREW COLUMN
19 ELEVATORS, LIMITED USE/LIMITED APPLICATION ELEVATORS AND BELT
20 MANLIFTS SHALL BE INSPECTED ONCE EVERY SIX MONTHS.
21 (B) ALL DUMBWAITERS, WHEELCHAIR AND STAIRWAY CHAIRLIFTS,
22 STAGE, ORGAN AND ORCHESTRA LIFTS, VERTICAL AND INCLINE
23 RECIPROCATING CONVEYORS AND OTHER LIFTING DEVICES SHALL BE
24 INSPECTED ONCE EVERY TWELVE MONTHS.
25 (C) ALL ELEVATORS USED FOR CONSTRUCTION SHALL BE INSPECTED
26 ONCE EVERY THREE MONTHS.
27 (D) ALL AERIAL TRAMWAYS, AERIAL LIFTS, SURFACE LIFTS AND
28 TOWS AND RELATED EQUIPMENT SHALL BE INSPECTED PRIOR TO THE
29 SEASON IN WHICH IT OPERATES.
30 Section 5. Section 16 of the act is amended to read:
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1 Section 16. Penalties.--Any person who shall violate any of
2 the provisions of this act, or the rules and regulations of the
3 department, as herein provided for, or who shall fail or neglect
4 to pay the fees herein provided for, shall, for the first
5 offense, be penalized by a fine of not more than [one] five
6 hundred dollars and costs, and, upon nonpayment thereof,
7 imprisonment in the county jail for not more than ten days, and
8 for each subsequent offense shall be penalized by a fine of not
9 more than [two hundred dollars] two thousand dollars and costs,
10 and, upon nonpayment thereof, imprisonment in the county jail
11 for not more than thirty days. Any person who shall continue to
12 operate his elevator or other lifting apparatus after notice to
13 discontinue its use as set forth in section nine of this act,
14 shall be penalized in a like action by a fine of five dollars
15 for each day the said elevator or lifting apparatus has been
16 operated after the service of the said notice, in addition to
17 the fines above set forth.
18 All fines collected under this act shall be forwarded to the
19 Department of Labor and Industry, who shall transmit the same to
20 the State Treasury, through the Department of Revenue.
21 Section 6. The act is amended by adding a section to read:
22 Section 17. Accident Reporting Requirements.--The owner of
23 any elevator equipment or party responsible for maintaining such <--
24 elevator or any other such devices that is subject to this act,
25 ANY EQUIPMENT COVERED UNDER THIS ACT OR HIS AGENT, shall notify <--
26 the department of any accident involving an elevator or other
27 device which results in a fatal injury within five (5) days of <--
28 the fatality and shall notify the department of any accident
29 which results in the hospitalization of any individual within
30 fifteen (15) days of the accident in a manner prescribed by the
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1 department. OR HOSPITALIZATION OF ANY INDIVIDUAL. THE REPORT OF <--
2 THE ACCIDENT MUST BE FILED BY THE OWNER OR AGENT WITHIN TWENTY-
3 FOUR HOURS OF THE ACCIDENT IN A MANNER PRESCRIBED BY THE
4 DEPARTMENT. THE DEPARTMENT MAY REQUIRE AN ACCIDENT INVESTIGATION
5 TO BE PERFORMED PRIOR TO A REPAIR BEING MADE TO THE DEVICE OR
6 DEVICES INVOLVED IN THE ACCIDENT OR BEFORE THE EQUIPMENT IS
7 PLACED BACK INTO SERVICE.
8 Section 7. This act shall take effect in 90 days.
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