7300. The Legislature finds and declares all of the following:
(a) It is the purpose of this chapter to promote public safety
awareness and to assure, to the extent feasible, the safety of the
public and of workers with respect to conveyances covered by this
chapter.
(b) The use of unsafe or defective conveyances imposes a
substantial probability of serious and preventable injury to
employees and the public. The prevention of these injuries and
protection of employees and the public from unsafe conditions is in
the best interest of the people of this state. Therefore, this
chapter also establishes minimum standards for persons operating or
maintaining conveyances covered by this chapter. These standards
include familiarity with the operation and safety functions of the
components and equipment, and documented training or experience or
both, which shall include, but not be limited to, recognizing the
safety hazards and performing the procedures to which they are
assigned in conformance with all legal requirements.
(c) This chapter is not intended to prevent the division from
implementing regulations, nor to prevent the use of systems, methods,
or devices of equivalent or superior quality, strength, fire
resistance, code effectiveness, durability, and safety to those
required by the law, provided that there is technical documentation
to demonstrate that the equivalency of the system, method, or device,
is at least as effective as that prescribed in ASME A17.1, ASME
A17.3, ASME A18.1, or ASCE 21.
7300.1. As used in this chapter:
(a) "ASCE 21" means the Automated People Mover Standards, as
adopted by the American Society of Civil Engineers.
(b) "ASME A17.1" means the Safety Code for Elevators and
Escalators, an American National Standard, as adopted by the American
Society of Mechanical Engineers.
(c) "ASME A17.3" means the Safety Code for Existing Elevators and
Escalators, an American National Standard, as adopted by the American
Society of Mechanical Engineers.
(d) "ASME A18.1" means the Safety Standard for Platform Lifts and
Stairway Chairlifts, an American National Standard, as adopted by the
American Society of Mechanical Engineers.
(e) "Automated people mover" has the same meaning as defined in
ASCE 21.
(f) "Board" or "standards board" means the Occupational Safety and
Health Standards Board.
(g) "Certified qualified conveyance company" means any person,
firm, or corporation that (1) possesses a valid contractor's license
if required by Chapter 9 (commencing with Section 7000) of Division 3
of the Business and Professions Code and (2) is certified as a
qualified conveyance company by the division in accordance with this
chapter.
(h) "Certified competent conveyance mechanic" means any person who
has been determined by the division to have the qualifications and
ability of a competent journey-level conveyance mechanic and is so
certified by the division in accordance with this chapter.
(i) "Conveyance" means any elevator, dumbwaiter, escalator, moving
platform lift, stairway chairlift, material lift or dumbwaiter with
automatic transfer device, automated people mover, or other equipment
subject to this chapter.
(j) "Division" means the Division of Occupational Safety and
Health.
(k) "Dormant elevator, dumbwaiter, or escalator" means an
installation placed out of service as specified in ASME A17.1 and
ASME A18.1.
(l) "Elevator" means an installation defined as an "elevator" in
ASME A17.1.
(m) "Conveyance inspector" means any conveyance safety inspector
of the division or other conveyance inspector determined by the
division to be qualified pursuant to this chapter.
(n) "Escalator" means an installation defined as an "escalator" in
ASME A17.1.
(o) "Existing installation" means an installation defined as an
"installation, existing" in ASME A17.1.
(p) "Full maintenance service contract" means an agreement by a
certified competent conveyance company and the person owning or
having the custody, management, or control of the operation of the
conveyance, if the agreement provides that the certified competent
conveyance company is responsible for effecting repairs necessary to
the safe operation of the equipment and will provide services as
frequently as is necessary, but no less often than monthly.
(q) "Material alteration" means an alteration as defined in ASME
A17.1 or A18.1.
(r) "Moving walk" or "moving sidewalk" means an installation
defined as a "moving walk" in ASME A17.1.
(s) "Permit" means a document issued by the division that
indicates that the conveyance has had the required safety inspection
and tests and fees have been paid as set forth in this chapter.
(t) "Temporary permit" means a document issued by the division
which permits the use of a noncompliant conveyance by the general
public for a limited time while minor repairs are being completed or
until permit fees are paid.
(u) "Repair" has the same meaning as defined in ASME A17.1 or
A18.1. A "repair" does not require a permit.
(v) "Temporarily dormant elevator, dumbwaiter, or escalator" means
a conveyance, the power supply of which has been disconnected by
removing fuses and placing a padlock on the mainline disconnect
switch in the "off" position. In the case of an elevator or
dumbwaiter, the car shall be parked and the hoistway doors shall be
in the closed and latched position. A wire seal shall be installed on
the mainline disconnect switch by a conveyance inspector of the
division. The wire seal and padlock shall not be removed for any
purpose without permission from a conveyance inspector of the
division. A temporarily dormant elevator, dumbwaiter, or escalator
shall not be used again until it has been put in safe running order
and is in condition for use. Annual inspections by a conveyance
inspector shall continue for the duration of the temporarily dormant
status. Temporarily dormant status may be renewed annually, but shall
not exceed five years. After each inspection, the conveyance
inspector shall file a report with the chief of the division
describing the current condition of the conveyance.
(w) The meanings of building transportation terms not otherwise
defined in this section shall be as defined in the latest editions of
ASME A17.1 and ASME A18.1.
7300.2. Except as provided in Section 7300.3, this chapter covers
the design, erection, construction, installation, material
alteration, inspection, testing, maintenance, repair, service, and
operation of the following conveyances and their associated parts and
hoistways:
(a) Hoisting and lowering mechanisms equipped with a car or
platform which move between two or more landings. This equipment
includes, but is not limited to, the following:
(1) Elevators.
(2) Platform lifts and stairway chair lifts.
(b) Power-driven stairways and walkways for carrying persons
between landings. This equipment includes, but is not limited to, the
following:
(1) Escalators.
(2) Moving walks.
(c) Hoisting and lowering mechanisms equipped with a car which
serve two or more landings and are restricted to the carrying of
material by limited size or limited access to the car. This equipment
includes, but is not limited to, the following:
(1) Dumbwaiters.
(2) Material lifts and dumbwaiters with automatic transfer
devices.
(d) Automatic guided transit vehicles on guideways with an
exclusive right-of-way. This equipment includes, but is not limited
to, automated people movers.
7300.3. Equipment not covered by this chapter includes the
following:
(a) Material hoists within the scope of standard A10.5 as adopted
by the American National Standards Institute.
(b) Mobile scaffolds, towers, and platforms within the scope of
standard A92 as adopted by the American National Standards Institute.
(c) Powered platforms and equipment for exterior and interior
maintenance within the scope of standard 120.1 as adopted by the
American National Standards Institute.
(d) Cranes, derricks, hoists, hooks, jacks, and slings within the
scope of standard B30 as adopted by the American Society of
Mechanical Engineers.
(e) Industrial trucks within the scope of standard B56 as adopted
by the American Society of Mechanical Engineers.
(f) Portable equipment, except for portable escalators that are
covered by standard A17.1 as adopted by the American National
Standards Institute.
(g) Tiering or piling machines used to move materials to and from
storage located and operating entirely within one story.
(h) Equipment for feeding or positioning materials, including that
equipment used with machine tools or printing presses.
(i) Skip or furnace hoists.
(j) Wharf ramps.
(k) Railroad car lifts or dumpers.
(l) Line jacks, false cars, shafters, moving platforms, and
similar equipment used for installing a conveyance by a contractor
licensed in this state.
7300.4. This chapter does not apply to work that is not related to
standards for conveyances that are (a) incorporated in codes
promulgated by the American National Standards Institute or the
American Society of Mechanical Engineers or (b) included in
regulations of the division, in effect immediately prior to January
1, 2003, prescribing conveyance safety orders. Work exempted pursuant
to this section includes, but is not limited to, routine
nonmechanical maintenance, such as cleaning panels and changing light
fixtures.
7301. No conveyance shall be operated in this state unless a permit
for its operation is issued by or in behalf of the division, and
unless the permit remains in effect and is kept posted conspicuously
on the conveyance. Operation of a conveyance without a permit or
failure to post the permit conspicuously shall constitute cause for
the division to prohibit use of the conveyance, unless it can be
shown that a request for issuance or renewal of a permit has been
made and the request has not been acted upon by the division.
7301.1. (a) On and after June 30, 2003, no conveyance may be
erected, constructed, installed, or materially altered, as defined by
regulation of the division, unless a permit has been obtained from
the division before the work is commenced. A copy of the permit shall
be kept at the construction site at all times while the work is in
progress and shall be made available for inspection upon request.
This section shall not apply to platform lifts and stairway
chairlifts installed in a private residence as provided in paragraph
(2) or (3) of subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for a permit under this
section, which shall include the following:
(1) At a minimum, the applicant for a permit under this section
shall meet all of the following requirements:
(A) The applicant shall hold a current elevator contractor's
license issued pursuant to Chapter 9 (commencing with Section 7000)
of Division 3 of the Business and Professions Code.
(B) The applicant shall be a certified qualified conveyance
company.
(C) The applicant shall submit proof of the following types of
insurance coverage, in the form of certified copies of policies or
certificates of insurance:
(i) Liability insurance to provide general liability coverage of
not less than one million dollars ($1,000,000) for the injury or
death of any one person or persons in any one occurrence, with
coverage of not less than five hundred thousand dollars ($500,000)
for property damage in any one occurrence.
(ii) Workers' compensation insurance coverage.
(D) In the event of any material alteration, nonrenewal, or
cancellation of any insurance required by this subparagraph, the
applicant or permitholder shall submit written notice thereof to the
division within five working days.
(2) At a minimum, each application for a permit under this section
shall include all of the following:
(A) Copies of specifications and accurately scaled and fully
dimensioned plans showing the location of the installation in
relation to the plans and elevation of the building; the location of
the machinery room and the equipment to be installed, relocated, or
altered; and all structural supporting members thereof, including
foundations. The plans and specifications shall identify all
materials to be employed and all loads to be supported or conveyed.
The plans and specifications shall be sufficiently complete to
illustrate all details of construction and design.
(B) The name, residence, and business address of the applicant and
each partner, or for a corporation, the principal officers and
anyone who is authorized to accept service of process or official
notices; the number of years the applicant has engaged in the
business of constructing, erecting, installing, or altering
conveyances; and the approximate number of persons to be employed on
the permitted job.
(C) The permit fee.
(3) The division shall establish, and may from time to time amend,
a fee for a permit under this section in an amount sufficient to
defray the division's actual costs in administering the permit
process, including the costs of investigation, revocation, or other
associated costs. Permit fees collected by the division are
nonrefundable.
(c) (1) The permit shall expire when the work authorized by that
permit is not commenced within six months after the date of issuance,
or within a shorter period as the division may specify at the time
the permit is issued.
(2) The permit shall expire following commencement of work, if the
permitholder suspends or abandons the work for a period of 60 days,
or for a shorter period of time as the division may specify at the
time the permit is issued.
(3) Upon application and for good cause shown, the division may
extend a permit that would otherwise expire under this subdivision.
(d) The division may revoke any permit at any time, upon good
cause, and after notice and an opportunity to be heard.
7301.5. (a) The standards board shall adopt regulations pertaining
to conveyances, including, but not limited to, conveyance emergency
and signal devices, and the operation of conveyances under fire and
other emergency conditions.
(b) Before January 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this subdivision as an emergency certified competent conveyance
mechanic. To ensure the safety of the public when a disaster or other
emergency exists within the state and the number of certified
competent conveyance mechanics in the state is insufficient to cope
with the emergency, any certified qualified conveyance company may,
within five business days after commencing work requiring certified
competent conveyance mechanics, apply to the division, on behalf of
all persons performing the work who are not certified competent
conveyance mechanics, for certification as emergency certified
competent conveyance mechanics. Any person for whom emergency
certification is sought under this subdivision shall be certified by
a certified qualified conveyance company to have an acceptable
combination of documented experience and education to perform work
covered by this chapter without direct and immediate supervision. The
certified qualified conveyance company shall furnish proof of
competency as the division may require. The division shall issue an
emergency certified competent conveyance mechanic certificate upon
receipt of acceptable documentation and payment of the required fee.
Each certificate issued pursuant to this subdivision shall recite
that it is valid for a period of 30 days from the date of issuance
and for those particular conveyances and geographical areas as the
division may designate, and otherwise shall entitle the person being
certified to the rights and privileges of a certified competent
conveyance mechanic as set forth in this chapter. The division shall
renew an emergency certified competent conveyance mechanic
certificate during the existence of the emergency.
(c) Before January 1, 2004, the division shall establish an
application procedure and all requirements for certification under
this subdivision as a temporary certified competent conveyance
mechanic. If there are no certified qualified conveyance mechanics
available to perform elevator work, a certified qualified conveyance
company may apply to the division for certification of one or more
temporary certified competent conveyance mechanics. Any person
seeking to work as a temporary certified competent conveyance
mechanic shall, before beginning work, be approved by the division as
having an acceptable combination of documented experience and
education to perform work covered by this chapter without direct and
immediate supervision. The certified qualified conveyance company
shall furnish proof of competency as the division may require. The
division may issue a temporary certified competent conveyance
mechanic certificate upon acceptable documentation and payment of the
required fee. Each certificate issued pursuant to this subdivision
shall recite that it is valid for a period of 30 days from the date
of issuance and while the certificate holder is employed by the
certified qualified conveyance company that certified the individual
as competent. The certificate shall be renewable as long as the
shortage of certified competent conveyance mechanics continues.
7302. The operation of a conveyance without a permit by any person
owning or having the custody, management, or control of the operation
of the conveyance, is a misdemeanor, punishable by a fine of not
more than one thousand dollars ($1,000), imprisonment in the county
jail for not more than 10 days, or by both that fine and
imprisonment. Each day of operation for each conveyance without a
permit is a separate offense. Any person who has requested the
issuance or renewal of a permit if the request has not been acted
upon by the division may not be prosecuted for a violation of this
section.
7302.1. (a) Any person who contracts for or authorizes the
erection, construction, installation, or material alteration of a
conveyance without a permit in violation of Section 7301.1 is guilty
of a misdemeanor punishable by a fine of not more than seventy
thousand dollars ($70,000), imprisonment in the county jail for not
more than one year, or by both that fine and imprisonment.
(b) Any employer or contractor who contracts for or engages in the
erection, construction, installation, or material alteration of a
conveyance without a permit in violation of Section 7301.1 is guilty
of a misdemeanor punishable by a fine of not more than seventy
thousand dollars ($70,000), imprisonment in the county jail for not
more than one year, or by both that fine and imprisonment.
7302.2. The division may assess a civil penalty of not more than
seventy thousand dollars ($70,000) against any person, and against
any employer or contractor, who contracts for or authorizes the
erection, construction, installation, or material alteration of a
conveyance without a permit issued pursuant to Section 7301.1.
7303. (a) Whenever any conveyance is operated without a current
valid permit issued pursuant to Section 7304, and is in a condition
that its use is dangerous to the life or safety of any person, the
division or any affected person may apply to the superior court of
the county in which the conveyance is located for an injunction
restraining the operation of the conveyance until the condition is
corrected. Proof by certification of the division that a permit has
not been issued, has expired, or has been revoked, together with the
affidavit of any safety inspector of the division or other expert
that the operation of the conveyance is dangerous to the life or
safety of any person, is sufficient ground, in the discretion of the
court, for the immediate granting of a temporary restraining order.
(b) No bond shall be required from the division as a prerequisite
for the division to seek or obtain any restraining order under
subdivision (a).
(c) Any person who intentionally violates any injunction
prohibiting the operation of the conveyance issued pursuant to
subdivision (a) shall be liable for a civil penalty, to be assessed
by the division, not to exceed seven thousand dollars ($7,000) for
each violation. Each day of operation for each conveyance is a
separate violation.
7304. (a) Except as provided in subdivision (b), the division shall
cause all conveyances to be inspected at least once each year. If a
conveyance is found upon inspection to be in a safe condition for
operation, a permit for operation for not longer than one year shall
be issued by the division.
(b) If a conveyance is subject to a full maintenance service
contract, the division may, after investigation and inspection, issue
a permit for operation for not longer than two years.
7305. If inspection shows that a conveyance is in an unsafe
condition, the division may issue a preliminary order requiring
repairs or alterations to be made to the conveyance that are
necessary to render it safe, and may prohibit its operation or use
until the repairs or alterations are made or the unsafe conditions
are removed.
7306. Unless the preliminary order is complied with, a hearing
before the division shall be allowed, upon request, at which the
owner, operator, or other person in charge of the conveyance may
appear and show cause why he or she should not comply with the order.
7307. (a) If it thereafter appears to the division that the
conveyance is unsafe and that the requirements contained in the
preliminary order should be complied with, or that other things
should be done to make the conveyance safe, the division may order or
confirm the withholding of the permit and may impose requirements as
it deems proper for the repair or alteration of the conveyance or
for the correction of the unsafe condition. The order may thereafter
be reheard by the division or reviewed by the courts in the manner
specified for safety orders by Part 1 (commencing with Section 6300)
of this division, and not otherwise.
(b) The operation of a conveyance by any person owning or having
the custody, management, or control of the operation thereof, while
an order to repair is outstanding pursuant to subdivision (a), is a
misdemeanor punishable by a fine of not more than seven thousand
dollars ($7,000), by imprisonment in the county jail for not more
than 30 days, or by both that fine and imprisonment. Each day of
operation for each conveyance without a permit is a separate offense.
7308. If the operation of a conveyance during the making of repairs
or alterations is not immediately dangerous to the safety of
persons, the division may issue a temporary permit for its operation
for a period not to exceed 30 days during the making of repairs or
alterations.
7309. The division may cause the inspection herein provided for to
be made either by its safety inspectors or by any qualified elevator
inspector employed by an insurance company.
7309.1. (a) On and after June 30, 2003, no conveyance subject to
this chapter shall be reinspected by any person unless the person is
a conveyance inspector employed by the division or certified as
qualified by the division.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for the certification of
conveyance inspectors. Each application for certification shall
include information as the division may require and the applicable
fee. At a minimum, the applicant shall present proof of certification
as a qualified conveyance inspector by the American Society of
Mechanical Engineers or proof of education and experience equivalent
to what is required to obtain that certification from the American
Society of Mechanical Engineers.
7310. The division may also issue its permit or a permit may be
issued on its behalf based upon a certificate of inspection issued by
a conveyance inspector of any municipality, upon proof to the
satisfaction of the division that the safety requirements of the
municipality are equal to the minimum safety requirements for
conveyances adopted by the board.
7311. All persons inspecting conveyances shall first secure from
the division a certificate of competency to make those inspections.
The division may determine the competency of any applicant for the
certificate, either by examination or by other satisfactory proof of
qualifications. The division may rescind at any time, upon good cause
being shown therefor, and after hearing, if requested, any
certificate of competency issued by it to a conveyance inspector.
7311.1. (a) On and after June 30, 2003, no conveyance subject to
this chapter shall be erected, constructed, installed, materially
altered, tested, maintained, repaired, or serviced by any person,
firm, or corporation unless the person, firm, or corporation is
certified by the division as a certified qualified conveyance
company. A copy of the certificate shall be kept at the site of the
conveyance at all times while any work is in progress, and shall be
made available for inspection upon request. However, certification
under this section is not required for removing or dismantling
conveyances that are destroyed as a result of the complete demolition
of a secured building or structure or where the hoistway or wellway
is demolished back to the basic support structure and no access is
permitted that would endanger the safety of any person. This section
does not apply to platform lifts and stairway chairlifts installed in
a private residence as provided in paragraph (2) or (3) of
subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this section as a certified qualified conveyance company, consistent
with this section. At a minimum, the individual qualifying on behalf
of a corporation, the owner on behalf of a sole ownership, or the
partners on behalf of a partnership, shall meet either of the
following requirements:
(1) Five years' work experience at a journeyperson level in the
conveyance industry in construction, installation, alteration,
testing, maintenance, and service and repair of conveyances covered
by this chapter. This experience shall be verified by current and
previously licensed elevator contractors or by current and previously
certified qualified conveyance companies.
(2) Satisfactory completion of a written examination administered
by the division on the most recent applicable codes and standards.
(c) At a minimum, each application for certification as a
certified qualified conveyance company shall include:
(1) The name, residence and business address, and telephone
numbers and other means to contact the sole owner or each partner, or
for a corporation of the principal officers and the individual
qualifying for the corporation; the number of years the applicant
business has engaged in the business of constructing, maintaining,
and service and repair of conveyances; and other information as the
division may require.
(2) The fee required by this chapter.
(d) Before bidding for or engaging in any work covered by this
chapter, a certified qualified conveyance company shall submit proof
to the division by certified copies of policies or certificates of
insurance, of all of the following:
(1) Liability insurance providing general liability coverage of
not less than one million dollars ($1,000,000) for injury or death of
any one person or persons in any one occurrence, with coverage of
not less than five hundred thousand dollars ($500,000) for property
damage of any one person or persons in any one occurrence.
(2) Workers' compensation insurance coverage.
(3) In the event of any material alteration or cancellation of any
policy specified in paragraph (1) or (2), the certified qualified
conveyance company shall provide written notice thereof to the
division within five working days.
(e) An elevator company subject to this chapter shall disclose its
status as a certified qualified conveyance company prior to bidding
on a project or prior to contracting for services. The disclosure
shall be in writing and located in a conspicuous place on the bid
documents or contract in at least 10-point type.
7311.2. (a) On and after June 30, 2003, except as provided in
subdivisions (b) and (c) of Section 7301.5, any person who, without
supervision, erects, constructs, installs, alters, tests, maintains,
services or repairs, removes, or dismantles any conveyance covered by
this chapter, shall be certified as a certified competent conveyance
mechanic by the division. This section does not apply to platform
lifts and stairway chairlifts installed in a private residence as
provided in paragraph (2) or (3) of subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this section as a certified competent conveyance mechanic, consistent
with all of the following:
(1) At a minimum, a certified competent conveyance mechanic
applicant shall meet both of the following requirements:
(A) Three years' work experience in the conveyance industry in
construction, maintenance, and service and repair of conveyances
covered by this chapter. This experience shall be verified by current
and previously licensed elevator contractors or by current and
previously certified qualified conveyance companies, as required by
the division.
(B) One of the following:
(i) Satisfactory completion of a written examination administered
by the division on the most recent applicable codes and standards.
(ii) A certificate of completion and successfully passing the
mechanic examination of a nationally recognized training program for
the conveyance industry, such as the National Elevator Industry
Educational Program or its equivalent.
(iii) A certificate of completion of an apprenticeship program for
elevator mechanic, having standards substantially equal to those of
this chapter, and which program shall be registered with the Bureau
of Apprenticeship and Training of the United States Department of
Labor or a state apprenticeship council.
(iv) A certificate or license from another state having standards
substantially equal to or more comprehensive than those of this
chapter.
(v) The applicant applies on or before December 31, 2003, and
within the three years immediately prior to January 1, 2003, has
documented at least three years of actual work experience in the
conveyance industry in construction, maintenance, and service and
repair of conveyances covered by this chapter. This experience shall
be as a journey-level mechanic working without direct and immediate
supervision, and shall be verified by currently and previously
licensed conveyance contractors or by current and previously
certified qualified conveyance companies, as required by the
division.
(2) At a minimum, each application for certification as a
certified competent conveyance mechanic shall include the information
required by the division and the fee required by this chapter.
7311.25. (a) The following meanings apply for purposes of this
section:
(1) "Agricultural production, processing, and handling facilities"
includes grain elevators, feed mills, flour mills, rice mills, rice
dryers, and other similar facilities.
(2) "Applicable Elevator Safety Orders" means the Elevator Safety
Orders referenced in Subchapter 6 (commencing with Section 3000) of
Chapter 4 of Division 1 of Title 8 of the California Code of
Regulations, and any successors to those orders.
(b) Notwithstanding Section 7311.2 or any other provision of this
chapter, an owner or operator of agricultural production, processing,
and handling facilities may designate a competent person in his or
her employ to maintain, repair, service, lubricate, or test manlifts
installed and used at the facilities if the manlifts are maintained
and inspected in accordance with applicable Elevator Safety Orders.
The designated competent person need not be a certified competent
conveyance mechanic.
7311.3. (a) A certificate issued by the division to the certified
qualified conveyance inspector, certified qualified conveyance
company, or certified competent conveyance mechanic as set forth in
Sections 7309.1, 7311.1, and 7311.2, shall have a term of two years.
The fee for biennial renewal shall be established by the division in
an amount sufficient to defray the division's costs of administering
this chapter.
(b) The renewal of all certificates issued under this chapter
shall be conditioned upon the submission of a certificate of
completion of a course designed to ensure the continuing education of
certificate holders on new and existing provisions of the
regulations of the board. This continuing education course shall
consist of not less than eight hours of instruction that shall be
attended and completed within one year immediately preceding any
certificate renewal.
(c) The courses shall be taught by instructors through continuing
education providers that may include, but not be limited to, division
programs, association seminars, and joint labor-management
apprenticeship and journeyman upgrade training programs. The division
shall approve the continuing education providers and curriculum. All
instructors shall be approved by the division and shall be exempt
from the requirements of subdivision (b), provided that the applicant
is qualified as an instructor at any time during the one-year period
immediately preceding the scheduled date for renewal.
(d) A certificate holder who is unable to complete the continuing
education course required under this section prior to the expiration
of his or her certificate due to a temporary disability may apply for
a waiver from the division. Waiver applications shall be submitted
to the division on a form provided by the division. Waiver
applications shall be signed and accompanied by a declaration signed
by a competent physician attesting to the applicant's temporary
disability. Upon the termination of the temporary disability, the
certificate holder shall submit to the division a declaration from
the same physician, if practicable, attesting to the termination of
the temporary disability, and a waiver sticker, valid for 90 days,
shall be issued to the certificate holder and affixed to his or her
certificate.
(e) Continuing education providers approved by the division shall
keep uniform records, for a period of 10 years, of attendance of
certificate holders, following a format approved by the division.
These records shall be available for inspection by the division at
its request. Approved continuing education providers shall keep
secure all attendance records and certificates of completion.
Falsifying or knowingly allowing another to falsify attendance
records or certificates of completion of continuing education
provided pursuant to this section shall constitute grounds for
suspension or revocation of the approval required under this section.
7311.4. (a) The division shall establish fees for initial and
renewal applications for certification under this chapter as a
certified qualified conveyance inspector, certified qualified
conveyance company, or certified competent conveyance mechanic based
upon the actual costs involved with the certification process,
including the cost of developing and administering any tests as well
as any costs related to continuing education, investigation,
revocation, or other associated costs.
(b) Fees collected pursuant to this chapter are nonrefundable.
7311.5. (a) A person, firm, or corporation that maintains and
repairs solely special purpose personnel elevators on cranes that
utilize a rack and pinion system in marine terminals as part of crane
maintenance activities qualifies as a certified qualified conveyance
company under Section 7311.1 if the individual qualifying
individually or on behalf of the firm or corporation has five years'
work experience at a journeyperson level in the crane maintenance
industry, including experience in the maintenance and repair of crane
elevators. This experience shall be verified by a person, firm, or
corporation in the business of maintaining and repairing cranes in
marine terminals.
(b) A person qualifies as a certified competent conveyance
mechanic under Section 7311.2 if the person has three years' work
experience in the crane maintenance industry, including experience in
the maintenance and repair of crane elevators, as a journey-level
mechanic without direct and immediate supervision. This experience
shall be verified by a crane maintenance company approved as a
certified qualified conveyance company pursuant to subdivision (a).
(c) The certifications obtained pursuant to this section may only
be used for the limited purposes of maintaining and repairing special
purpose personnel elevators on cranes that utilize a rack and pinion
system in marine terminals.
(d) A person, firm, or corporation that qualifies for
certification as a certified qualified conveyance company or
certified competent conveyance mechanic is not authorized to perform
any of the following procedures:
(1) Any work on a conveyance other than a special purpose
personnel elevator on cranes that utilize a rack and pinion system in
marine terminals.
(2) Any work related to new elevator installations.
(3) Any modifications or alterations of existing elevator systems.
(4) Testing or replacing of emergency brakes, centrifugal brakes,
emergency safety devices, or electrical systems.
(5) Annual certifications of any type of conveyance or elevator.
(e) The certifications authorized by this section require
experience but do not require an examination because the general
examination given pursuant to this chapter is inapplicable to the
work described in this section. The division is not required to set
up specialty examinations to certify persons pursuant to this
chapter.
(f) For purposes of this section, the following terms shall have
the following meanings:
(1) "Special purpose personnel elevators" shall have the same
meaning as defined in Section 3085 of Title 8 of the California Code
of Regulations.
(2) "Marine terminal" shall have the same meaning as used in
Section 3460 of Title 8 of the California Code of Regulations.
(g) Nothing in this section exempts a person, firm, or corporation
applying for certification as a certified qualified conveyance
company or a certified competent conveyance mechanic under this
section from paying the administration fees required under this
chapter.
7312. The division may at any time, upon good cause being shown
therefor, and after notice and an opportunity to be heard, revoke any
permit to operate a conveyance.
7313. Each conveyance inspector shall, within 21 days after he or
she makes an inspection, forward to the division on forms provided by
it, a report of the inspection. Failure to comply with this section
shall be grounds for the division to cancel his or her certificate.
7314. (a) The division may fix and collect fees for the inspection
of conveyances as it deems necessary to cover the actual costs of
having the inspection performed by a division safety engineer,
including administrative costs, and the costs related to regulatory
development as required by Section 7323. An additional fee may, in
the discretion of the division, be charged for necessary subsequent
inspections to determine if applicable safety orders have been
complied with. The division may fix and collect fees for field
consultations regarding conveyances as it deems necessary to cover
the actual costs of the time spent in the consultation by a division
safety engineer, including administrative and travel expenses.
(b) Notwithstanding Section 6103 of the Government Code, the
division may collect the fees authorized by subdivision (a) from the
state or any county, city, district, or other political subdivision.
(c) Whenever a person owning or having the custody, management, or
operation of a conveyance fails to pay the fees required under this
chapter within 60 days after the date of notification, he or she
shall pay, in addition to the fees required under this chapter, a
penalty fee equal to 100 percent of the fee. Failure to pay fees
within 60 days after the date of notification constitutes cause for
the division to prohibit use of the conveyance.
(d) Any fees required pursuant to this section shall be set forth
in regulations that shall be adopted as emergency regulations. These
emergency regulations shall not be subject to the review and approval
of the Office of Administrative Law pursuant to the provisions of
the Administrative Procedure Act provided for in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. These regulations shall become effective
immediately upon filing with the Secretary of State.
(e) For purposes of this section, the date of the invoice
assessing a fee pursuant to this section shall be considered the date
of notification.
7315. Fees shall be paid before the issuance of any permit to
operate a conveyance, but a temporary permit may be issued pending
receipt of fee payment. No fee may be charged by the division where
an inspection has been made by an inspector of an insurance company
or municipality if that inspector holds a certificate as a conveyance
inspector and an inspection report is filed with the division within
21 days after inspection is made.
7316. All fees collected by the division under this chapter shall
be paid into the Elevator Safety Account which is hereby created for
the administration of the division's conveyance safety program. The
division shall establish criteria upon which fee charges are based
and prepare an annual report concerning revenues obtained and
expenditures appropriated for the conveyance safety program. The
division shall file the report with the Legislative Analyst, the
Joint Legislative Audit Committee, and the Department of Finance.
7317. (a) Except as provided in subdivision (b), the following
conveyances are exempt from this chapter:
(1) Conveyances under the jurisdiction of the United States
government.
(2) Conveyances located in a single-unit private home and not
accessible to the public.
(3) Conveyances located in a multiunit residential building
serving no more than two dwelling units and not accessible to the
public.
(b) Conveyances otherwise exempted pursuant to paragraph (3) of
subdivision (a) shall be inspected by the division upon completion of
installation prior to being placed in service or after major
alterations. The inspection shall be for safety and compliance with
orders or regulations applicable to the type of conveyance installed.
7318. Nothing in this chapter limits the authority of the division
to prescribe or enforce general or special safety orders.
7319. All elevators used for the carriage of passengers shall be
provided with a suitable seat for the operator in charge. Failure to
comply with this section is a misdemeanor punishable by a fine not
exceeding fifty dollars ($50) for each offense.
7320. The division may assess a civil penalty not to exceed one
thousand dollars ($1,000) against any person owning or having
custody, management, or control of the operation of a conveyance, who
operates the conveyance without a permit or who fails to
conspicuously post the permit in the conveyance. No penalty shall be
assessed against any person who has requested the issuance or renewal
of a permit and the request has not been acted upon by the division.
7321. (a) The division may assess a civil penalty not to exceed
seventy thousand dollars ($70,000) against any person owning or
having custody, management, or control of the operation of a
conveyance, who operates or permits the operation of the conveyance
in a condition that is dangerous to the life or safety of any person,
or who operates or permits the operation of the conveyance in
violation of an order prohibiting use issued pursuant to Section
7301, 7305, or 7314.
(b) The division shall issue an order prohibiting use and may
assess a civil penalty not to exceed seventy thousand dollars
($70,000) against any person who constructs, installs, or materially
alters a conveyance without a permit issued pursuant to Section
7301.1 that is dangerous to the life or safety of any person.
7321.5. The division shall enforce Sections 7320 and 7321 by
issuance of a citation and notice of civil penalty in a manner
consistent with Sections 6317 and 6319. Any person owning or having
custody, management, or control of the operation of a conveyance who
receives a citation and notice of civil penalty may appeal to the
Occupational Safety and Health Appeals Board in a manner consistent
with Section 6319.
7322. (a) Once an authorized representative of the division has
issued an order prohibiting the use of a conveyance as specified in
Sections 7301, 7305, 7314, or subdivision (b) of Section 7321, the
person owning or having custody, management, or operation of the
conveyance may contest the order and shall be granted, upon request,
a hearing to review the validity of the order. The hearing shall be
held no later than 10 working days following receipt of the request
for hearing.
(b) After a notice is attached as provided in Section 7305 or
subdivision (b) of Section 7321, every person who enters or uses, or
directs or causes another to enter or use, any conveyance before it
is made safe, or who defaces, destroys, or removes the notice without
the authority of the division, is guilty of a misdemeanor punishable
by a fine of not more than seventy thousand dollars ($70,000), by
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.
(c) After a notice is attached for failure to comply with the
requirements of Section 7301 or 7314, every person who enters or
uses, or directs or causes another to enter or use, any conveyance
before it is made safe, or who defaces, destroys, or removes the
notice without the authority of the division, is guilty of a
misdemeanor punishable by a fine of not more than seven thousand
dollars ($7,000), imprisonment in the county jail for not more than
six months, or by both that fine and imprisonment.
7323. The division shall propose to the standards board for review,
and the standards board shall adopt, regulations for the equipment
covered by this chapter. Not later than December 31, 2003, the
division shall propose final rulemaking proposals to the standards
board for review and adoption, which shall include provisions at
least as effective as ASME A17.1, ASME A17.3, ASME A18.1, and ASCE
21, as in effect prior to September 30, 2002. Not later than nine
months after the effective date of any revision or any substantive
revision to any addendum to these codes, the division shall propose
additional final rulemaking proposals to the standards board for
review and adoption at least as effective as those in the revised
code or addendum. The standards board shall notice the division's
final rulemaking proposals for public hearing within three months of
their receipt and shall adopt the proposed regulations promptly and
in accordance with subdivision (b) of Section 11346.4 of the
Government Code.
7324. Individuals, firms, or companies certified as described in
this chapter shall ensure that installation, service, and maintenance
of conveyances are performed in compliance with the provisions
contained in the State Fire Prevention and Building Code and with
generally accepted standards referenced in that code.
7324.1. This chapter shall not be construed to relieve or lessen
the responsibility or liability of any person, firm, or corporation
owning, operating, controlling, maintaining, erecting, constructing,
installing, altering, testing, or repairing any conveyance or other
related mechanisms covered by this chapter for damages to any person
or property caused by any defect therein.
7324.2. The provisions of this chapter added or amended by the act
enacting this section shall not be applied retroactively. Equipment
subject to this chapter shall be required to comply with the
applicable standards in effect on the date of its installation or
within the period determined by the board for compliance with ASME
A17.3, whichever is more stringent.
7300. The Legislature finds and declares all of the following:
(a) It is the purpose of this chapter to promote public safety
awareness and to assure, to the extent feasible, the safety of the
public and of workers with respect to conveyances covered by this
chapter.
(b) The use of unsafe or defective conveyances imposes a
substantial probability of serious and preventable injury to
employees and the public. The prevention of these injuries and
protection of employees and the public from unsafe conditions is in
the best interest of the people of this state. Therefore, this
chapter also establishes minimum standards for persons operating or
maintaining conveyances covered by this chapter. These standards
include familiarity with the operation and safety functions of the
components and equipment, and documented training or experience or
both, which shall include, but not be limited to, recognizing the
safety hazards and performing the procedures to which they are
assigned in conformance with all legal requirements.
(c) This chapter is not intended to prevent the division from
implementing regulations, nor to prevent the use of systems, methods,
or devices of equivalent or superior quality, strength, fire
resistance, code effectiveness, durability, and safety to those
required by the law, provided that there is technical documentation
to demonstrate that the equivalency of the system, method, or device,
is at least as effective as that prescribed in ASME A17.1, ASME
A17.3, ASME A18.1, or ASCE 21.
7300.1. As used in this chapter:
(a) "ASCE 21" means the Automated People Mover Standards, as
adopted by the American Society of Civil Engineers.
(b) "ASME A17.1" means the Safety Code for Elevators and
Escalators, an American National Standard, as adopted by the American
Society of Mechanical Engineers.
(c) "ASME A17.3" means the Safety Code for Existing Elevators and
Escalators, an American National Standard, as adopted by the American
Society of Mechanical Engineers.
(d) "ASME A18.1" means the Safety Standard for Platform Lifts and
Stairway Chairlifts, an American National Standard, as adopted by the
American Society of Mechanical Engineers.
(e) "Automated people mover" has the same meaning as defined in
ASCE 21.
(f) "Board" or "standards board" means the Occupational Safety and
Health Standards Board.
(g) "Certified qualified conveyance company" means any person,
firm, or corporation that (1) possesses a valid contractor's license
if required by Chapter 9 (commencing with Section 7000) of Division 3
of the Business and Professions Code and (2) is certified as a
qualified conveyance company by the division in accordance with this
chapter.
(h) "Certified competent conveyance mechanic" means any person who
has been determined by the division to have the qualifications and
ability of a competent journey-level conveyance mechanic and is so
certified by the division in accordance with this chapter.
(i) "Conveyance" means any elevator, dumbwaiter, escalator, moving
platform lift, stairway chairlift, material lift or dumbwaiter with
automatic transfer device, automated people mover, or other equipment
subject to this chapter.
(j) "Division" means the Division of Occupational Safety and
Health.
(k) "Dormant elevator, dumbwaiter, or escalator" means an
installation placed out of service as specified in ASME A17.1 and
ASME A18.1.
(l) "Elevator" means an installation defined as an "elevator" in
ASME A17.1.
(m) "Conveyance inspector" means any conveyance safety inspector
of the division or other conveyance inspector determined by the
division to be qualified pursuant to this chapter.
(n) "Escalator" means an installation defined as an "escalator" in
ASME A17.1.
(o) "Existing installation" means an installation defined as an
"installation, existing" in ASME A17.1.
(p) "Full maintenance service contract" means an agreement by a
certified competent conveyance company and the person owning or
having the custody, management, or control of the operation of the
conveyance, if the agreement provides that the certified competent
conveyance company is responsible for effecting repairs necessary to
the safe operation of the equipment and will provide services as
frequently as is necessary, but no less often than monthly.
(q) "Material alteration" means an alteration as defined in ASME
A17.1 or A18.1.
(r) "Moving walk" or "moving sidewalk" means an installation
defined as a "moving walk" in ASME A17.1.
(s) "Permit" means a document issued by the division that
indicates that the conveyance has had the required safety inspection
and tests and fees have been paid as set forth in this chapter.
(t) "Temporary permit" means a document issued by the division
which permits the use of a noncompliant conveyance by the general
public for a limited time while minor repairs are being completed or
until permit fees are paid.
(u) "Repair" has the same meaning as defined in ASME A17.1 or
A18.1. A "repair" does not require a permit.
(v) "Temporarily dormant elevator, dumbwaiter, or escalator" means
a conveyance, the power supply of which has been disconnected by
removing fuses and placing a padlock on the mainline disconnect
switch in the "off" position. In the case of an elevator or
dumbwaiter, the car shall be parked and the hoistway doors shall be
in the closed and latched position. A wire seal shall be installed on
the mainline disconnect switch by a conveyance inspector of the
division. The wire seal and padlock shall not be removed for any
purpose without permission from a conveyance inspector of the
division. A temporarily dormant elevator, dumbwaiter, or escalator
shall not be used again until it has been put in safe running order
and is in condition for use. Annual inspections by a conveyance
inspector shall continue for the duration of the temporarily dormant
status. Temporarily dormant status may be renewed annually, but shall
not exceed five years. After each inspection, the conveyance
inspector shall file a report with the chief of the division
describing the current condition of the conveyance.
(w) The meanings of building transportation terms not otherwise
defined in this section shall be as defined in the latest editions of
ASME A17.1 and ASME A18.1.
7300.2. Except as provided in Section 7300.3, this chapter covers
the design, erection, construction, installation, material
alteration, inspection, testing, maintenance, repair, service, and
operation of the following conveyances and their associated parts and
hoistways:
(a) Hoisting and lowering mechanisms equipped with a car or
platform which move between two or more landings. This equipment
includes, but is not limited to, the following:
(1) Elevators.
(2) Platform lifts and stairway chair lifts.
(b) Power-driven stairways and walkways for carrying persons
between landings. This equipment includes, but is not limited to, the
following:
(1) Escalators.
(2) Moving walks.
(c) Hoisting and lowering mechanisms equipped with a car which
serve two or more landings and are restricted to the carrying of
material by limited size or limited access to the car. This equipment
includes, but is not limited to, the following:
(1) Dumbwaiters.
(2) Material lifts and dumbwaiters with automatic transfer
devices.
(d) Automatic guided transit vehicles on guideways with an
exclusive right-of-way. This equipment includes, but is not limited
to, automated people movers.
7300.3. Equipment not covered by this chapter includes the
following:
(a) Material hoists within the scope of standard A10.5 as adopted
by the American National Standards Institute.
(b) Mobile scaffolds, towers, and platforms within the scope of
standard A92 as adopted by the American National Standards Institute.
(c) Powered platforms and equipment for exterior and interior
maintenance within the scope of standard 120.1 as adopted by the
American National Standards Institute.
(d) Cranes, derricks, hoists, hooks, jacks, and slings within the
scope of standard B30 as adopted by the American Society of
Mechanical Engineers.
(e) Industrial trucks within the scope of standard B56 as adopted
by the American Society of Mechanical Engineers.
(f) Portable equipment, except for portable escalators that are
covered by standard A17.1 as adopted by the American National
Standards Institute.
(g) Tiering or piling machines used to move materials to and from
storage located and operating entirely within one story.
(h) Equipment for feeding or positioning materials, including that
equipment used with machine tools or printing presses.
(i) Skip or furnace hoists.
(j) Wharf ramps.
(k) Railroad car lifts or dumpers.
(l) Line jacks, false cars, shafters, moving platforms, and
similar equipment used for installing a conveyance by a contractor
licensed in this state.
7300.4. This chapter does not apply to work that is not related to
standards for conveyances that are (a) incorporated in codes
promulgated by the American National Standards Institute or the
American Society of Mechanical Engineers or (b) included in
regulations of the division, in effect immediately prior to January
1, 2003, prescribing conveyance safety orders. Work exempted pursuant
to this section includes, but is not limited to, routine
nonmechanical maintenance, such as cleaning panels and changing light
fixtures.
7301. No conveyance shall be operated in this state unless a permit
for its operation is issued by or in behalf of the division, and
unless the permit remains in effect and is kept posted conspicuously
on the conveyance. Operation of a conveyance without a permit or
failure to post the permit conspicuously shall constitute cause for
the division to prohibit use of the conveyance, unless it can be
shown that a request for issuance or renewal of a permit has been
made and the request has not been acted upon by the division.
7301.1. (a) On and after June 30, 2003, no conveyance may be
erected, constructed, installed, or materially altered, as defined by
regulation of the division, unless a permit has been obtained from
the division before the work is commenced. A copy of the permit shall
be kept at the construction site at all times while the work is in
progress and shall be made available for inspection upon request.
This section shall not apply to platform lifts and stairway
chairlifts installed in a private residence as provided in paragraph
(2) or (3) of subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for a permit under this
section, which shall include the following:
(1) At a minimum, the applicant for a permit under this section
shall meet all of the following requirements:
(A) The applicant shall hold a current elevator contractor's
license issued pursuant to Chapter 9 (commencing with Section 7000)
of Division 3 of the Business and Professions Code.
(B) The applicant shall be a certified qualified conveyance
company.
(C) The applicant shall submit proof of the following types of
insurance coverage, in the form of certified copies of policies or
certificates of insurance:
(i) Liability insurance to provide general liability coverage of
not less than one million dollars ($1,000,000) for the injury or
death of any one person or persons in any one occurrence, with
coverage of not less than five hundred thousand dollars ($500,000)
for property damage in any one occurrence.
(ii) Workers' compensation insurance coverage.
(D) In the event of any material alteration, nonrenewal, or
cancellation of any insurance required by this subparagraph, the
applicant or permitholder shall submit written notice thereof to the
division within five working days.
(2) At a minimum, each application for a permit under this section
shall include all of the following:
(A) Copies of specifications and accurately scaled and fully
dimensioned plans showing the location of the installation in
relation to the plans and elevation of the building; the location of
the machinery room and the equipment to be installed, relocated, or
altered; and all structural supporting members thereof, including
foundations. The plans and specifications shall identify all
materials to be employed and all loads to be supported or conveyed.
The plans and specifications shall be sufficiently complete to
illustrate all details of construction and design.
(B) The name, residence, and business address of the applicant and
each partner, or for a corporation, the principal officers and
anyone who is authorized to accept service of process or official
notices; the number of years the applicant has engaged in the
business of constructing, erecting, installing, or altering
conveyances; and the approximate number of persons to be employed on
the permitted job.
(C) The permit fee.
(3) The division shall establish, and may from time to time amend,
a fee for a permit under this section in an amount sufficient to
defray the division's actual costs in administering the permit
process, including the costs of investigation, revocation, or other
associated costs. Permit fees collected by the division are
nonrefundable.
(c) (1) The permit shall expire when the work authorized by that
permit is not commenced within six months after the date of issuance,
or within a shorter period as the division may specify at the time
the permit is issued.
(2) The permit shall expire following commencement of work, if the
permitholder suspends or abandons the work for a period of 60 days,
or for a shorter period of time as the division may specify at the
time the permit is issued.
(3) Upon application and for good cause shown, the division may
extend a permit that would otherwise expire under this subdivision.
(d) The division may revoke any permit at any time, upon good
cause, and after notice and an opportunity to be heard.
7301.5. (a) The standards board shall adopt regulations pertaining
to conveyances, including, but not limited to, conveyance emergency
and signal devices, and the operation of conveyances under fire and
other emergency conditions.
(b) Before January 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this subdivision as an emergency certified competent conveyance
mechanic. To ensure the safety of the public when a disaster or other
emergency exists within the state and the number of certified
competent conveyance mechanics in the state is insufficient to cope
with the emergency, any certified qualified conveyance company may,
within five business days after commencing work requiring certified
competent conveyance mechanics, apply to the division, on behalf of
all persons performing the work who are not certified competent
conveyance mechanics, for certification as emergency certified
competent conveyance mechanics. Any person for whom emergency
certification is sought under this subdivision shall be certified by
a certified qualified conveyance company to have an acceptable
combination of documented experience and education to perform work
covered by this chapter without direct and immediate supervision. The
certified qualified conveyance company shall furnish proof of
competency as the division may require. The division shall issue an
emergency certified competent conveyance mechanic certificate upon
receipt of acceptable documentation and payment of the required fee.
Each certificate issued pursuant to this subdivision shall recite
that it is valid for a period of 30 days from the date of issuance
and for those particular conveyances and geographical areas as the
division may designate, and otherwise shall entitle the person being
certified to the rights and privileges of a certified competent
conveyance mechanic as set forth in this chapter. The division shall
renew an emergency certified competent conveyance mechanic
certificate during the existence of the emergency.
(c) Before January 1, 2004, the division shall establish an
application procedure and all requirements for certification under
this subdivision as a temporary certified competent conveyance
mechanic. If there are no certified qualified conveyance mechanics
available to perform elevator work, a certified qualified conveyance
company may apply to the division for certification of one or more
temporary certified competent conveyance mechanics. Any person
seeking to work as a temporary certified competent conveyance
mechanic shall, before beginning work, be approved by the division as
having an acceptable combination of documented experience and
education to perform work covered by this chapter without direct and
immediate supervision. The certified qualified conveyance company
shall furnish proof of competency as the division may require. The
division may issue a temporary certified competent conveyance
mechanic certificate upon acceptable documentation and payment of the
required fee. Each certificate issued pursuant to this subdivision
shall recite that it is valid for a period of 30 days from the date
of issuance and while the certificate holder is employed by the
certified qualified conveyance company that certified the individual
as competent. The certificate shall be renewable as long as the
shortage of certified competent conveyance mechanics continues.
7302. The operation of a conveyance without a permit by any person
owning or having the custody, management, or control of the operation
of the conveyance, is a misdemeanor, punishable by a fine of not
more than one thousand dollars ($1,000), imprisonment in the county
jail for not more than 10 days, or by both that fine and
imprisonment. Each day of operation for each conveyance without a
permit is a separate offense. Any person who has requested the
issuance or renewal of a permit if the request has not been acted
upon by the division may not be prosecuted for a violation of this
section.
7302.1. (a) Any person who contracts for or authorizes the
erection, construction, installation, or material alteration of a
conveyance without a permit in violation of Section 7301.1 is guilty
of a misdemeanor punishable by a fine of not more than seventy
thousand dollars ($70,000), imprisonment in the county jail for not
more than one year, or by both that fine and imprisonment.
(b) Any employer or contractor who contracts for or engages in the
erection, construction, installation, or material alteration of a
conveyance without a permit in violation of Section 7301.1 is guilty
of a misdemeanor punishable by a fine of not more than seventy
thousand dollars ($70,000), imprisonment in the county jail for not
more than one year, or by both that fine and imprisonment.
7302.2. The division may assess a civil penalty of not more than
seventy thousand dollars ($70,000) against any person, and against
any employer or contractor, who contracts for or authorizes the
erection, construction, installation, or material alteration of a
conveyance without a permit issued pursuant to Section 7301.1.
7303. (a) Whenever any conveyance is operated without a current
valid permit issued pursuant to Section 7304, and is in a condition
that its use is dangerous to the life or safety of any person, the
division or any affected person may apply to the superior court of
the county in which the conveyance is located for an injunction
restraining the operation of the conveyance until the condition is
corrected. Proof by certification of the division that a permit has
not been issued, has expired, or has been revoked, together with the
affidavit of any safety inspector of the division or other expert
that the operation of the conveyance is dangerous to the life or
safety of any person, is sufficient ground, in the discretion of the
court, for the immediate granting of a temporary restraining order.
(b) No bond shall be required from the division as a prerequisite
for the division to seek or obtain any restraining order under
subdivision (a).
(c) Any person who intentionally violates any injunction
prohibiting the operation of the conveyance issued pursuant to
subdivision (a) shall be liable for a civil penalty, to be assessed
by the division, not to exceed seven thousand dollars ($7,000) for
each violation. Each day of operation for each conveyance is a
separate violation.
7304. (a) Except as provided in subdivision (b), the division shall
cause all conveyances to be inspected at least once each year. If a
conveyance is found upon inspection to be in a safe condition for
operation, a permit for operation for not longer than one year shall
be issued by the division.
(b) If a conveyance is subject to a full maintenance service
contract, the division may, after investigation and inspection, issue
a permit for operation for not longer than two years.
7305. If inspection shows that a conveyance is in an unsafe
condition, the division may issue a preliminary order requiring
repairs or alterations to be made to the conveyance that are
necessary to render it safe, and may prohibit its operation or use
until the repairs or alterations are made or the unsafe conditions
are removed.
7306. Unless the preliminary order is complied with, a hearing
before the division shall be allowed, upon request, at which the
owner, operator, or other person in charge of the conveyance may
appear and show cause why he or she should not comply with the order.
7307. (a) If it thereafter appears to the division that the
conveyance is unsafe and that the requirements contained in the
preliminary order should be complied with, or that other things
should be done to make the conveyance safe, the division may order or
confirm the withholding of the permit and may impose requirements as
it deems proper for the repair or alteration of the conveyance or
for the correction of the unsafe condition. The order may thereafter
be reheard by the division or reviewed by the courts in the manner
specified for safety orders by Part 1 (commencing with Section 6300)
of this division, and not otherwise.
(b) The operation of a conveyance by any person owning or having
the custody, management, or control of the operation thereof, while
an order to repair is outstanding pursuant to subdivision (a), is a
misdemeanor punishable by a fine of not more than seven thousand
dollars ($7,000), by imprisonment in the county jail for not more
than 30 days, or by both that fine and imprisonment. Each day of
operation for each conveyance without a permit is a separate offense.
7308. If the operation of a conveyance during the making of repairs
or alterations is not immediately dangerous to the safety of
persons, the division may issue a temporary permit for its operation
for a period not to exceed 30 days during the making of repairs or
alterations.
7309. The division may cause the inspection herein provided for to
be made either by its safety inspectors or by any qualified elevator
inspector employed by an insurance company.
7309.1. (a) On and after June 30, 2003, no conveyance subject to
this chapter shall be reinspected by any person unless the person is
a conveyance inspector employed by the division or certified as
qualified by the division.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for the certification of
conveyance inspectors. Each application for certification shall
include information as the division may require and the applicable
fee. At a minimum, the applicant shall present proof of certification
as a qualified conveyance inspector by the American Society of
Mechanical Engineers or proof of education and experience equivalent
to what is required to obtain that certification from the American
Society of Mechanical Engineers.
7310. The division may also issue its permit or a permit may be
issued on its behalf based upon a certificate of inspection issued by
a conveyance inspector of any municipality, upon proof to the
satisfaction of the division that the safety requirements of the
municipality are equal to the minimum safety requirements for
conveyances adopted by the board.
7311. All persons inspecting conveyances shall first secure from
the division a certificate of competency to make those inspections.
The division may determine the competency of any applicant for the
certificate, either by examination or by other satisfactory proof of
qualifications. The division may rescind at any time, upon good cause
being shown therefor, and after hearing, if requested, any
certificate of competency issued by it to a conveyance inspector.
7311.1. (a) On and after June 30, 2003, no conveyance subject to
this chapter shall be erected, constructed, installed, materially
altered, tested, maintained, repaired, or serviced by any person,
firm, or corporation unless the person, firm, or corporation is
certified by the division as a certified qualified conveyance
company. A copy of the certificate shall be kept at the site of the
conveyance at all times while any work is in progress, and shall be
made available for inspection upon request. However, certification
under this section is not required for removing or dismantling
conveyances that are destroyed as a result of the complete demolition
of a secured building or structure or where the hoistway or wellway
is demolished back to the basic support structure and no access is
permitted that would endanger the safety of any person. This section
does not apply to platform lifts and stairway chairlifts installed in
a private residence as provided in paragraph (2) or (3) of
subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this section as a certified qualified conveyance company, consistent
with this section. At a minimum, the individual qualifying on behalf
of a corporation, the owner on behalf of a sole ownership, or the
partners on behalf of a partnership, shall meet either of the
following requirements:
(1) Five years' work experience at a journeyperson level in the
conveyance industry in construction, installation, alteration,
testing, maintenance, and service and repair of conveyances covered
by this chapter. This experience shall be verified by current and
previously licensed elevator contractors or by current and previously
certified qualified conveyance companies.
(2) Satisfactory completion of a written examination administered
by the division on the most recent applicable codes and standards.
(c) At a minimum, each application for certification as a
certified qualified conveyance company shall include:
(1) The name, residence and business address, and telephone
numbers and other means to contact the sole owner or each partner, or
for a corporation of the principal officers and the individual
qualifying for the corporation; the number of years the applicant
business has engaged in the business of constructing, maintaining,
and service and repair of conveyances; and other information as the
division may require.
(2) The fee required by this chapter.
(d) Before bidding for or engaging in any work covered by this
chapter, a certified qualified conveyance company shall submit proof
to the division by certified copies of policies or certificates of
insurance, of all of the following:
(1) Liability insurance providing general liability coverage of
not less than one million dollars ($1,000,000) for injury or death of
any one person or persons in any one occurrence, with coverage of
not less than five hundred thousand dollars ($500,000) for property
damage of any one person or persons in any one occurrence.
(2) Workers' compensation insurance coverage.
(3) In the event of any material alteration or cancellation of any
policy specified in paragraph (1) or (2), the certified qualified
conveyance company shall provide written notice thereof to the
division within five working days.
(e) An elevator company subject to this chapter shall disclose its
status as a certified qualified conveyance company prior to bidding
on a project or prior to contracting for services. The disclosure
shall be in writing and located in a conspicuous place on the bid
documents or contract in at least 10-point type.
7311.2. (a) On and after June 30, 2003, except as provided in
subdivisions (b) and (c) of Section 7301.5, any person who, without
supervision, erects, constructs, installs, alters, tests, maintains,
services or repairs, removes, or dismantles any conveyance covered by
this chapter, shall be certified as a certified competent conveyance
mechanic by the division. This section does not apply to platform
lifts and stairway chairlifts installed in a private residence as
provided in paragraph (2) or (3) of subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this section as a certified competent conveyance mechanic, consistent
with all of the following:
(1) At a minimum, a certified competent conveyance mechanic
applicant shall meet both of the following requirements:
(A) Three years' work experience in the conveyance industry in
construction, maintenance, and service and repair of conveyances
covered by this chapter. This experience shall be verified by current
and previously licensed elevator contractors or by current and
previously certified qualified conveyance companies, as required by
the division.
(B) One of the following:
(i) Satisfactory completion of a written examination administered
by the division on the most recent applicable codes and standards.
(ii) A certificate of completion and successfully passing the
mechanic examination of a nationally recognized training program for
the conveyance industry, such as the National Elevator Industry
Educational Program or its equivalent.
(iii) A certificate of completion of an apprenticeship program for
elevator mechanic, having standards substantially equal to those of
this chapter, and which program shall be registered with the Bureau
of Apprenticeship and Training of the United States Department of
Labor or a state apprenticeship council.
(iv) A certificate or license from another state having standards
substantially equal to or more comprehensive than those of this
chapter.
(v) The applicant applies on or before December 31, 2003, and
within the three years immediately prior to January 1, 2003, has
documented at least three years of actual work experience in the
conveyance industry in construction, maintenance, and service and
repair of conveyances covered by this chapter. This experience shall
be as a journey-level mechanic working without direct and immediate
supervision, and shall be verified by currently and previously
licensed conveyance contractors or by current and previously
certified qualified conveyance companies, as required by the
division.
(2) At a minimum, each application for certification as a
certified competent conveyance mechanic shall include the information
required by the division and the fee required by this chapter.
7311.25. (a) The following meanings apply for purposes of this
section:
(1) "Agricultural production, processing, and handling facilities"
includes grain elevators, feed mills, flour mills, rice mills, rice
dryers, and other similar facilities.
(2) "Applicable Elevator Safety Orders" means the Elevator Safety
Orders referenced in Subchapter 6 (commencing with Section 3000) of
Chapter 4 of Division 1 of Title 8 of the California Code of
Regulations, and any successors to those orders.
(b) Notwithstanding Section 7311.2 or any other provision of this
chapter, an owner or operator of agricultural production, processing,
and handling facilities may designate a competent person in his or
her employ to maintain, repair, service, lubricate, or test manlifts
installed and used at the facilities if the manlifts are maintained
and inspected in accordance with applicable Elevator Safety Orders.
The designated competent person need not be a certified competent
conveyance mechanic.
7311.3. (a) A certificate issued by the division to the certified
qualified conveyance inspector, certified qualified conveyance
company, or certified competent conveyance mechanic as set forth in
Sections 7309.1, 7311.1, and 7311.2, shall have a term of two years.
The fee for biennial renewal shall be established by the division in
an amount sufficient to defray the division's costs of administering
this chapter.
(b) The renewal of all certificates issued under this chapter
shall be conditioned upon the submission of a certificate of
completion of a course designed to ensure the continuing education of
certificate holders on new and existing provisions of the
regulations of the board. This continuing education course shall
consist of not less than eight hours of instruction that shall be
attended and completed within one year immediately preceding any
certificate renewal.
(c) The courses shall be taught by instructors through continuing
education providers that may include, but not be limited to, division
programs, association seminars, and joint labor-management
apprenticeship and journeyman upgrade training programs. The division
shall approve the continuing education providers and curriculum. All
instructors shall be approved by the division and shall be exempt
from the requirements of subdivision (b), provided that the applicant
is qualified as an instructor at any time during the one-year period
immediately preceding the scheduled date for renewal.
(d) A certificate holder who is unable to complete the continuing
education course required under this section prior to the expiration
of his or her certificate due to a temporary disability may apply for
a waiver from the division. Waiver applications shall be submitted
to the division on a form provided by the division. Waiver
applications shall be signed and accompanied by a declaration signed
by a competent physician attesting to the applicant's temporary
disability. Upon the termination of the temporary disability, the
certificate holder shall submit to the division a declaration from
the same physician, if practicable, attesting to the termination of
the temporary disability, and a waiver sticker, valid for 90 days,
shall be issued to the certificate holder and affixed to his or her
certificate.
(e) Continuing education providers approved by the division shall
keep uniform records, for a period of 10 years, of attendance of
certificate holders, following a format approved by the division.
These records shall be available for inspection by the division at
its request. Approved continuing education providers shall keep
secure all attendance records and certificates of completion.
Falsifying or knowingly allowing another to falsify attendance
records or certificates of completion of continuing education
provided pursuant to this section shall constitute grounds for
suspension or revocation of the approval required under this section.
7311.4. (a) The division shall establish fees for initial and
renewal applications for certification under this chapter as a
certified qualified conveyance inspector, certified qualified
conveyance company, or certified competent conveyance mechanic based
upon the actual costs involved with the certification process,
including the cost of developing and administering any tests as well
as any costs related to continuing education, investigation,
revocation, or other associated costs.
(b) Fees collected pursuant to this chapter are nonrefundable.
7311.5. (a) A person, firm, or corporation that maintains and
repairs solely special purpose personnel elevators on cranes that
utilize a rack and pinion system in marine terminals as part of crane
maintenance activities qualifies as a certified qualified conveyance
company under Section 7311.1 if the individual qualifying
individually or on behalf of the firm or corporation has five years'
work experience at a journeyperson level in the crane maintenance
industry, including experience in the maintenance and repair of crane
elevators. This experience shall be verified by a person, firm, or
corporation in the business of maintaining and repairing cranes in
marine terminals.
(b) A person qualifies as a certified competent conveyance
mechanic under Section 7311.2 if the person has three years' work
experience in the crane maintenance industry, including experience in
the maintenance and repair of crane elevators, as a journey-level
mechanic without direct and immediate supervision. This experience
shall be verified by a crane maintenance company approved as a
certified qualified conveyance company pursuant to subdivision (a).
(c) The certifications obtained pursuant to this section may only
be used for the limited purposes of maintaining and repairing special
purpose personnel elevators on cranes that utilize a rack and pinion
system in marine terminals.
(d) A person, firm, or corporation that qualifies for
certification as a certified qualified conveyance company or
certified competent conveyance mechanic is not authorized to perform
any of the following procedures:
(1) Any work on a conveyance other than a special purpose
personnel elevator on cranes that utilize a rack and pinion system in
marine terminals.
(2) Any work related to new elevator installations.
(3) Any modifications or alterations of existing elevator systems.
(4) Testing or replacing of emergency brakes, centrifugal brakes,
emergency safety devices, or electrical systems.
(5) Annual certifications of any type of conveyance or elevator.
(e) The certifications authorized by this section require
experience but do not require an examination because the general
examination given pursuant to this chapter is inapplicable to the
work described in this section. The division is not required to set
up specialty examinations to certify persons pursuant to this
chapter.
(f) For purposes of this section, the following terms shall have
the following meanings:
(1) "Special purpose personnel elevators" shall have the same
meaning as defined in Section 3085 of Title 8 of the California Code
of Regulations.
(2) "Marine terminal" shall have the same meaning as used in
Section 3460 of Title 8 of the California Code of Regulations.
(g) Nothing in this section exempts a person, firm, or corporation
applying for certification as a certified qualified conveyance
company or a certified competent conveyance mechanic under this
section from paying the administration fees required under this
chapter.
7312. The division may at any time, upon good cause being shown
therefor, and after notice and an opportunity to be heard, revoke any
permit to operate a conveyance.
7313. Each conveyance inspector shall, within 21 days after he or
she makes an inspection, forward to the division on forms provided by
it, a report of the inspection. Failure to comply with this section
shall be grounds for the division to cancel his or her certificate.
7314. (a) The division may fix and collect fees for the inspection
of conveyances as it deems necessary to cover the actual costs of
having the inspection performed by a division safety engineer,
including administrative costs, and the costs related to regulatory
development as required by Section 7323. An additional fee may, in
the discretion of the division, be charged for necessary subsequent
inspections to determine if applicable safety orders have been
complied with. The division may fix and collect fees for field
consultations regarding conveyances as it deems necessary to cover
the actual costs of the time spent in the consultation by a division
safety engineer, including administrative and travel expenses.
(b) Notwithstanding Section 6103 of the Government Code, the
division may collect the fees authorized by subdivision (a) from the
state or any county, city, district, or other political subdivision.
(c) Whenever a person owning or having the custody, management, or
operation of a conveyance fails to pay the fees required under this
chapter within 60 days after the date of notification, he or she
shall pay, in addition to the fees required under this chapter, a
penalty fee equal to 100 percent of the fee. Failure to pay fees
within 60 days after the date of notification constitutes cause for
the division to prohibit use of the conveyance.
(d) Any fees required pursuant to this section shall be set forth
in regulations that shall be adopted as emergency regulations. These
emergency regulations shall not be subject to the review and approval
of the Office of Administrative Law pursuant to the provisions of
the Administrative Procedure Act provided for in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. These regulations shall become effective
immediately upon filing with the Secretary of State.
(e) For purposes of this section, the date of the invoice
assessing a fee pursuant to this section shall be considered the date
of notification.
7315. Fees shall be paid before the issuance of any permit to
operate a conveyance, but a temporary permit may be issued pending
receipt of fee payment. No fee may be charged by the division where
an inspection has been made by an inspector of an insurance company
or municipality if that inspector holds a certificate as a conveyance
inspector and an inspection report is filed with the division within
21 days after inspection is made.
7316. All fees collected by the division under this chapter shall
be paid into the Elevator Safety Account which is hereby created for
the administration of the division's conveyance safety program. The
division shall establish criteria upon which fee charges are based
and prepare an annual report concerning revenues obtained and
expenditures appropriated for the conveyance safety program. The
division shall file the report with the Legislative Analyst, the
Joint Legislative Audit Committee, and the Department of Finance.
7317. (a) Except as provided in subdivision (b), the following
conveyances are exempt from this chapter:
(1) Conveyances under the jurisdiction of the United States
government.
(2) Conveyances located in a single-unit private home and not
accessible to the public.
(3) Conveyances located in a multiunit residential building
serving no more than two dwelling units and not accessible to the
public.
(b) Conveyances otherwise exempted pursuant to paragraph (3) of
subdivision (a) shall be inspected by the division upon completion of
installation prior to being placed in service or after major
alterations. The inspection shall be for safety and compliance with
orders or regulations applicable to the type of conveyance installed.
7318. Nothing in this chapter limits the authority of the division
to prescribe or enforce general or special safety orders.
7319. All elevators used for the carriage of passengers shall be
provided with a suitable seat for the operator in charge. Failure to
comply with this section is a misdemeanor punishable by a fine not
exceeding fifty dollars ($50) for each offense.
7320. The division may assess a civil penalty not to exceed one
thousand dollars ($1,000) against any person owning or having
custody, management, or control of the operation of a conveyance, who
operates the conveyance without a permit or who fails to
conspicuously post the permit in the conveyance. No penalty shall be
assessed against any person who has requested the issuance or renewal
of a permit and the request has not been acted upon by the division.
7321. (a) The division may assess a civil penalty not to exceed
seventy thousand dollars ($70,000) against any person owning or
having custody, management, or control of the operation of a
conveyance, who operates or permits the operation of the conveyance
in a condition that is dangerous to the life or safety of any person,
or who operates or permits the operation of the conveyance in
violation of an order prohibiting use issued pursuant to Section
7301, 7305, or 7314.
(b) The division shall issue an order prohibiting use and may
assess a civil penalty not to exceed seventy thousand dollars
($70,000) against any person who constructs, installs, or materially
alters a conveyance without a permit issued pursuant to Section
7301.1 that is dangerous to the life or safety of any person.
7321.5. The division shall enforce Sections 7320 and 7321 by
issuance of a citation and notice of civil penalty in a manner
consistent with Sections 6317 and 6319. Any person owning or having
custody, management, or control of the operation of a conveyance who
receives a citation and notice of civil penalty may appeal to the
Occupational Safety and Health Appeals Board in a manner consistent
with Section 6319.
7322. (a) Once an authorized representative of the division has
issued an order prohibiting the use of a conveyance as specified in
Sections 7301, 7305, 7314, or subdivision (b) of Section 7321, the
person owning or having custody, management, or operation of the
conveyance may contest the order and shall be granted, upon request,
a hearing to review the validity of the order. The hearing shall be
held no later than 10 working days following receipt of the request
for hearing.
(b) After a notice is attached as provided in Section 7305 or
subdivision (b) of Section 7321, every person who enters or uses, or
directs or causes another to enter or use, any conveyance before it
is made safe, or who defaces, destroys, or removes the notice without
the authority of the division, is guilty of a misdemeanor punishable
by a fine of not more than seventy thousand dollars ($70,000), by
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.
(c) After a notice is attached for failure to comply with the
requirements of Section 7301 or 7314, every person who enters or
uses, or directs or causes another to enter or use, any conveyance
before it is made safe, or who defaces, destroys, or removes the
notice without the authority of the division, is guilty of a
misdemeanor punishable by a fine of not more than seven thousand
dollars ($7,000), imprisonment in the county jail for not more than
six months, or by both that fine and imprisonment.
7323. The division shall propose to the standards board for review,
and the standards board shall adopt, regulations for the equipment
covered by this chapter. Not later than December 31, 2003, the
division shall propose final rulemaking proposals to the standards
board for review and adoption, which shall include provisions at
least as effective as ASME A17.1, ASME A17.3, ASME A18.1, and ASCE
21, as in effect prior to September 30, 2002. Not later than nine
months after the effective date of any revision or any substantive
revision to any addendum to these codes, the division shall propose
additional final rulemaking proposals to the standards board for
review and adoption at least as effective as those in the revised
code or addendum. The standards board shall notice the division's
final rulemaking proposals for public hearing within three months of
their receipt and shall adopt the proposed regulations promptly and
in accordance with subdivision (b) of Section 11346.4 of the
Government Code.
7324. Individuals, firms, or companies certified as described in
this chapter shall ensure that installation, service, and maintenance
of conveyances are performed in compliance with the provisions
contained in the State Fire Prevention and Building Code and with
generally accepted standards referenced in that code.
7324.1. This chapter shall not be construed to relieve or lessen
the responsibility or liability of any person, firm, or corporation
owning, operating, controlling, maintaining, erecting, constructing,
installing, altering, testing, or repairing any conveyance or other
related mechanisms covered by this chapter for damages to any person
or property caused by any defect therein.
7324.2. The provisions of this chapter added or amended by the act
enacting this section shall not be applied retroactively. Equipment
subject to this chapter shall be required to comply with the
applicable standards in effect on the date of its installation or
within the period determined by the board for compliance with ASME
A17.3, whichever is more stringent.
7300. The Legislature finds and declares all of the following:
(a) It is the purpose of this chapter to promote public safety
awareness and to assure, to the extent feasible, the safety of the
public and of workers with respect to conveyances covered by this
chapter.
(b) The use of unsafe or defective conveyances imposes a
substantial probability of serious and preventable injury to
employees and the public. The prevention of these injuries and
protection of employees and the public from unsafe conditions is in
the best interest of the people of this state. Therefore, this
chapter also establishes minimum standards for persons operating or
maintaining conveyances covered by this chapter. These standards
include familiarity with the operation and safety functions of the
components and equipment, and documented training or experience or
both, which shall include, but not be limited to, recognizing the
safety hazards and performing the procedures to which they are
assigned in conformance with all legal requirements.
(c) This chapter is not intended to prevent the division from
implementing regulations, nor to prevent the use of systems, methods,
or devices of equivalent or superior quality, strength, fire
resistance, code effectiveness, durability, and safety to those
required by the law, provided that there is technical documentation
to demonstrate that the equivalency of the system, method, or device,
is at least as effective as that prescribed in ASME A17.1, ASME
A17.3, ASME A18.1, or ASCE 21.
7300.1. As used in this chapter:
(a) "ASCE 21" means the Automated People Mover Standards, as
adopted by the American Society of Civil Engineers.
(b) "ASME A17.1" means the Safety Code for Elevators and
Escalators, an American National Standard, as adopted by the American
Society of Mechanical Engineers.
(c) "ASME A17.3" means the Safety Code for Existing Elevators and
Escalators, an American National Standard, as adopted by the American
Society of Mechanical Engineers.
(d) "ASME A18.1" means the Safety Standard for Platform Lifts and
Stairway Chairlifts, an American National Standard, as adopted by the
American Society of Mechanical Engineers.
(e) "Automated people mover" has the same meaning as defined in
ASCE 21.
(f) "Board" or "standards board" means the Occupational Safety and
Health Standards Board.
(g) "Certified qualified conveyance company" means any person,
firm, or corporation that (1) possesses a valid contractor's license
if required by Chapter 9 (commencing with Section 7000) of Division 3
of the Business and Professions Code and (2) is certified as a
qualified conveyance company by the division in accordance with this
chapter.
(h) "Certified competent conveyance mechanic" means any person who
has been determined by the division to have the qualifications and
ability of a competent journey-level conveyance mechanic and is so
certified by the division in accordance with this chapter.
(i) "Conveyance" means any elevator, dumbwaiter, escalator, moving
platform lift, stairway chairlift, material lift or dumbwaiter with
automatic transfer device, automated people mover, or other equipment
subject to this chapter.
(j) "Division" means the Division of Occupational Safety and
Health.
(k) "Dormant elevator, dumbwaiter, or escalator" means an
installation placed out of service as specified in ASME A17.1 and
ASME A18.1.
(l) "Elevator" means an installation defined as an "elevator" in
ASME A17.1.
(m) "Conveyance inspector" means any conveyance safety inspector
of the division or other conveyance inspector determined by the
division to be qualified pursuant to this chapter.
(n) "Escalator" means an installation defined as an "escalator" in
ASME A17.1.
(o) "Existing installation" means an installation defined as an
"installation, existing" in ASME A17.1.
(p) "Full maintenance service contract" means an agreement by a
certified competent conveyance company and the person owning or
having the custody, management, or control of the operation of the
conveyance, if the agreement provides that the certified competent
conveyance company is responsible for effecting repairs necessary to
the safe operation of the equipment and will provide services as
frequently as is necessary, but no less often than monthly.
(q) "Material alteration" means an alteration as defined in ASME
A17.1 or A18.1.
(r) "Moving walk" or "moving sidewalk" means an installation
defined as a "moving walk" in ASME A17.1.
(s) "Permit" means a document issued by the division that
indicates that the conveyance has had the required safety inspection
and tests and fees have been paid as set forth in this chapter.
(t) "Temporary permit" means a document issued by the division
which permits the use of a noncompliant conveyance by the general
public for a limited time while minor repairs are being completed or
until permit fees are paid.
(u) "Repair" has the same meaning as defined in ASME A17.1 or
A18.1. A "repair" does not require a permit.
(v) "Temporarily dormant elevator, dumbwaiter, or escalator" means
a conveyance, the power supply of which has been disconnected by
removing fuses and placing a padlock on the mainline disconnect
switch in the "off" position. In the case of an elevator or
dumbwaiter, the car shall be parked and the hoistway doors shall be
in the closed and latched position. A wire seal shall be installed on
the mainline disconnect switch by a conveyance inspector of the
division. The wire seal and padlock shall not be removed for any
purpose without permission from a conveyance inspector of the
division. A temporarily dormant elevator, dumbwaiter, or escalator
shall not be used again until it has been put in safe running order
and is in condition for use. Annual inspections by a conveyance
inspector shall continue for the duration of the temporarily dormant
status. Temporarily dormant status may be renewed annually, but shall
not exceed five years. After each inspection, the conveyance
inspector shall file a report with the chief of the division
describing the current condition of the conveyance.
(w) The meanings of building transportation terms not otherwise
defined in this section shall be as defined in the latest editions of
ASME A17.1 and ASME A18.1.
7300.2. Except as provided in Section 7300.3, this chapter covers
the design, erection, construction, installation, material
alteration, inspection, testing, maintenance, repair, service, and
operation of the following conveyances and their associated parts and
hoistways:
(a) Hoisting and lowering mechanisms equipped with a car or
platform which move between two or more landings. This equipment
includes, but is not limited to, the following:
(1) Elevators.
(2) Platform lifts and stairway chair lifts.
(b) Power-driven stairways and walkways for carrying persons
between landings. This equipment includes, but is not limited to, the
following:
(1) Escalators.
(2) Moving walks.
(c) Hoisting and lowering mechanisms equipped with a car which
serve two or more landings and are restricted to the carrying of
material by limited size or limited access to the car. This equipment
includes, but is not limited to, the following:
(1) Dumbwaiters.
(2) Material lifts and dumbwaiters with automatic transfer
devices.
(d) Automatic guided transit vehicles on guideways with an
exclusive right-of-way. This equipment includes, but is not limited
to, automated people movers.
7300.3. Equipment not covered by this chapter includes the
following:
(a) Material hoists within the scope of standard A10.5 as adopted
by the American National Standards Institute.
(b) Mobile scaffolds, towers, and platforms within the scope of
standard A92 as adopted by the American National Standards Institute.
(c) Powered platforms and equipment for exterior and interior
maintenance within the scope of standard 120.1 as adopted by the
American National Standards Institute.
(d) Cranes, derricks, hoists, hooks, jacks, and slings within the
scope of standard B30 as adopted by the American Society of
Mechanical Engineers.
(e) Industrial trucks within the scope of standard B56 as adopted
by the American Society of Mechanical Engineers.
(f) Portable equipment, except for portable escalators that are
covered by standard A17.1 as adopted by the American National
Standards Institute.
(g) Tiering or piling machines used to move materials to and from
storage located and operating entirely within one story.
(h) Equipment for feeding or positioning materials, including that
equipment used with machine tools or printing presses.
(i) Skip or furnace hoists.
(j) Wharf ramps.
(k) Railroad car lifts or dumpers.
(l) Line jacks, false cars, shafters, moving platforms, and
similar equipment used for installing a conveyance by a contractor
licensed in this state.
7300.4. This chapter does not apply to work that is not related to
standards for conveyances that are (a) incorporated in codes
promulgated by the American National Standards Institute or the
American Society of Mechanical Engineers or (b) included in
regulations of the division, in effect immediately prior to January
1, 2003, prescribing conveyance safety orders. Work exempted pursuant
to this section includes, but is not limited to, routine
nonmechanical maintenance, such as cleaning panels and changing light
fixtures.
7301. No conveyance shall be operated in this state unless a permit
for its operation is issued by or in behalf of the division, and
unless the permit remains in effect and is kept posted conspicuously
on the conveyance. Operation of a conveyance without a permit or
failure to post the permit conspicuously shall constitute cause for
the division to prohibit use of the conveyance, unless it can be
shown that a request for issuance or renewal of a permit has been
made and the request has not been acted upon by the division.
7301.1. (a) On and after June 30, 2003, no conveyance may be
erected, constructed, installed, or materially altered, as defined by
regulation of the division, unless a permit has been obtained from
the division before the work is commenced. A copy of the permit shall
be kept at the construction site at all times while the work is in
progress and shall be made available for inspection upon request.
This section shall not apply to platform lifts and stairway
chairlifts installed in a private residence as provided in paragraph
(2) or (3) of subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for a permit under this
section, which shall include the following:
(1) At a minimum, the applicant for a permit under this section
shall meet all of the following requirements:
(A) The applicant shall hold a current elevator contractor's
license issued pursuant to Chapter 9 (commencing with Section 7000)
of Division 3 of the Business and Professions Code.
(B) The applicant shall be a certified qualified conveyance
company.
(C) The applicant shall submit proof of the following types of
insurance coverage, in the form of certified copies of policies or
certificates of insurance:
(i) Liability insurance to provide general liability coverage of
not less than one million dollars ($1,000,000) for the injury or
death of any one person or persons in any one occurrence, with
coverage of not less than five hundred thousand dollars ($500,000)
for property damage in any one occurrence.
(ii) Workers' compensation insurance coverage.
(D) In the event of any material alteration, nonrenewal, or
cancellation of any insurance required by this subparagraph, the
applicant or permitholder shall submit written notice thereof to the
division within five working days.
(2) At a minimum, each application for a permit under this section
shall include all of the following:
(A) Copies of specifications and accurately scaled and fully
dimensioned plans showing the location of the installation in
relation to the plans and elevation of the building; the location of
the machinery room and the equipment to be installed, relocated, or
altered; and all structural supporting members thereof, including
foundations. The plans and specifications shall identify all
materials to be employed and all loads to be supported or conveyed.
The plans and specifications shall be sufficiently complete to
illustrate all details of construction and design.
(B) The name, residence, and business address of the applicant and
each partner, or for a corporation, the principal officers and
anyone who is authorized to accept service of process or official
notices; the number of years the applicant has engaged in the
business of constructing, erecting, installing, or altering
conveyances; and the approximate number of persons to be employed on
the permitted job.
(C) The permit fee.
(3) The division shall establish, and may from time to time amend,
a fee for a permit under this section in an amount sufficient to
defray the division's actual costs in administering the permit
process, including the costs of investigation, revocation, or other
associated costs. Permit fees collected by the division are
nonrefundable.
(c) (1) The permit shall expire when the work authorized by that
permit is not commenced within six months after the date of issuance,
or within a shorter period as the division may specify at the time
the permit is issued.
(2) The permit shall expire following commencement of work, if the
permitholder suspends or abandons the work for a period of 60 days,
or for a shorter period of time as the division may specify at the
time the permit is issued.
(3) Upon application and for good cause shown, the division may
extend a permit that would otherwise expire under this subdivision.
(d) The division may revoke any permit at any time, upon good
cause, and after notice and an opportunity to be heard.
7301.5. (a) The standards board shall adopt regulations pertaining
to conveyances, including, but not limited to, conveyance emergency
and signal devices, and the operation of conveyances under fire and
other emergency conditions.
(b) Before January 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this subdivision as an emergency certified competent conveyance
mechanic. To ensure the safety of the public when a disaster or other
emergency exists within the state and the number of certified
competent conveyance mechanics in the state is insufficient to cope
with the emergency, any certified qualified conveyance company may,
within five business days after commencing work requiring certified
competent conveyance mechanics, apply to the division, on behalf of
all persons performing the work who are not certified competent
conveyance mechanics, for certification as emergency certified
competent conveyance mechanics. Any person for whom emergency
certification is sought under this subdivision shall be certified by
a certified qualified conveyance company to have an acceptable
combination of documented experience and education to perform work
covered by this chapter without direct and immediate supervision. The
certified qualified conveyance company shall furnish proof of
competency as the division may require. The division shall issue an
emergency certified competent conveyance mechanic certificate upon
receipt of acceptable documentation and payment of the required fee.
Each certificate issued pursuant to this subdivision shall recite
that it is valid for a period of 30 days from the date of issuance
and for those particular conveyances and geographical areas as the
division may designate, and otherwise shall entitle the person being
certified to the rights and privileges of a certified competent
conveyance mechanic as set forth in this chapter. The division shall
renew an emergency certified competent conveyance mechanic
certificate during the existence of the emergency.
(c) Before January 1, 2004, the division shall establish an
application procedure and all requirements for certification under
this subdivision as a temporary certified competent conveyance
mechanic. If there are no certified qualified conveyance mechanics
available to perform elevator work, a certified qualified conveyance
company may apply to the division for certification of one or more
temporary certified competent conveyance mechanics. Any person
seeking to work as a temporary certified competent conveyance
mechanic shall, before beginning work, be approved by the division as
having an acceptable combination of documented experience and
education to perform work covered by this chapter without direct and
immediate supervision. The certified qualified conveyance company
shall furnish proof of competency as the division may require. The
division may issue a temporary certified competent conveyance
mechanic certificate upon acceptable documentation and payment of the
required fee. Each certificate issued pursuant to this subdivision
shall recite that it is valid for a period of 30 days from the date
of issuance and while the certificate holder is employed by the
certified qualified conveyance company that certified the individual
as competent. The certificate shall be renewable as long as the
shortage of certified competent conveyance mechanics continues.
7302. The operation of a conveyance without a permit by any person
owning or having the custody, management, or control of the operation
of the conveyance, is a misdemeanor, punishable by a fine of not
more than one thousand dollars ($1,000), imprisonment in the county
jail for not more than 10 days, or by both that fine and
imprisonment. Each day of operation for each conveyance without a
permit is a separate offense. Any person who has requested the
issuance or renewal of a permit if the request has not been acted
upon by the division may not be prosecuted for a violation of this
section.
7302.1. (a) Any person who contracts for or authorizes the
erection, construction, installation, or material alteration of a
conveyance without a permit in violation of Section 7301.1 is guilty
of a misdemeanor punishable by a fine of not more than seventy
thousand dollars ($70,000), imprisonment in the county jail for not
more than one year, or by both that fine and imprisonment.
(b) Any employer or contractor who contracts for or engages in the
erection, construction, installation, or material alteration of a
conveyance without a permit in violation of Section 7301.1 is guilty
of a misdemeanor punishable by a fine of not more than seventy
thousand dollars ($70,000), imprisonment in the county jail for not
more than one year, or by both that fine and imprisonment.
7302.2. The division may assess a civil penalty of not more than
seventy thousand dollars ($70,000) against any person, and against
any employer or contractor, who contracts for or authorizes the
erection, construction, installation, or material alteration of a
conveyance without a permit issued pursuant to Section 7301.1.
7303. (a) Whenever any conveyance is operated without a current
valid permit issued pursuant to Section 7304, and is in a condition
that its use is dangerous to the life or safety of any person, the
division or any affected person may apply to the superior court of
the county in which the conveyance is located for an injunction
restraining the operation of the conveyance until the condition is
corrected. Proof by certification of the division that a permit has
not been issued, has expired, or has been revoked, together with the
affidavit of any safety inspector of the division or other expert
that the operation of the conveyance is dangerous to the life or
safety of any person, is sufficient ground, in the discretion of the
court, for the immediate granting of a temporary restraining order.
(b) No bond shall be required from the division as a prerequisite
for the division to seek or obtain any restraining order under
subdivision (a).
(c) Any person who intentionally violates any injunction
prohibiting the operation of the conveyance issued pursuant to
subdivision (a) shall be liable for a civil penalty, to be assessed
by the division, not to exceed seven thousand dollars ($7,000) for
each violation. Each day of operation for each conveyance is a
separate violation.
7304. (a) Except as provided in subdivision (b), the division shall
cause all conveyances to be inspected at least once each year. If a
conveyance is found upon inspection to be in a safe condition for
operation, a permit for operation for not longer than one year shall
be issued by the division.
(b) If a conveyance is subject to a full maintenance service
contract, the division may, after investigation and inspection, issue
a permit for operation for not longer than two years.
7305. If inspection shows that a conveyance is in an unsafe
condition, the division may issue a preliminary order requiring
repairs or alterations to be made to the conveyance that are
necessary to render it safe, and may prohibit its operation or use
until the repairs or alterations are made or the unsafe conditions
are removed.
7306. Unless the preliminary order is complied with, a hearing
before the division shall be allowed, upon request, at which the
owner, operator, or other person in charge of the conveyance may
appear and show cause why he or she should not comply with the order.
7307. (a) If it thereafter appears to the division that the
conveyance is unsafe and that the requirements contained in the
preliminary order should be complied with, or that other things
should be done to make the conveyance safe, the division may order or
confirm the withholding of the permit and may impose requirements as
it deems proper for the repair or alteration of the conveyance or
for the correction of the unsafe condition. The order may thereafter
be reheard by the division or reviewed by the courts in the manner
specified for safety orders by Part 1 (commencing with Section 6300)
of this division, and not otherwise.
(b) The operation of a conveyance by any person owning or having
the custody, management, or control of the operation thereof, while
an order to repair is outstanding pursuant to subdivision (a), is a
misdemeanor punishable by a fine of not more than seven thousand
dollars ($7,000), by imprisonment in the county jail for not more
than 30 days, or by both that fine and imprisonment. Each day of
operation for each conveyance without a permit is a separate offense.
7308. If the operation of a conveyance during the making of repairs
or alterations is not immediately dangerous to the safety of
persons, the division may issue a temporary permit for its operation
for a period not to exceed 30 days during the making of repairs or
alterations.
7309. The division may cause the inspection herein provided for to
be made either by its safety inspectors or by any qualified elevator
inspector employed by an insurance company.
7309.1. (a) On and after June 30, 2003, no conveyance subject to
this chapter shall be reinspected by any person unless the person is
a conveyance inspector employed by the division or certified as
qualified by the division.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for the certification of
conveyance inspectors. Each application for certification shall
include information as the division may require and the applicable
fee. At a minimum, the applicant shall present proof of certification
as a qualified conveyance inspector by the American Society of
Mechanical Engineers or proof of education and experience equivalent
to what is required to obtain that certification from the American
Society of Mechanical Engineers.
7310. The division may also issue its permit or a permit may be
issued on its behalf based upon a certificate of inspection issued by
a conveyance inspector of any municipality, upon proof to the
satisfaction of the division that the safety requirements of the
municipality are equal to the minimum safety requirements for
conveyances adopted by the board.
7311. All persons inspecting conveyances shall first secure from
the division a certificate of competency to make those inspections.
The division may determine the competency of any applicant for the
certificate, either by examination or by other satisfactory proof of
qualifications. The division may rescind at any time, upon good cause
being shown therefor, and after hearing, if requested, any
certificate of competency issued by it to a conveyance inspector.
7311.1. (a) On and after June 30, 2003, no conveyance subject to
this chapter shall be erected, constructed, installed, materially
altered, tested, maintained, repaired, or serviced by any person,
firm, or corporation unless the person, firm, or corporation is
certified by the division as a certified qualified conveyance
company. A copy of the certificate shall be kept at the site of the
conveyance at all times while any work is in progress, and shall be
made available for inspection upon request. However, certification
under this section is not required for removing or dismantling
conveyances that are destroyed as a result of the complete demolition
of a secured building or structure or where the hoistway or wellway
is demolished back to the basic support structure and no access is
permitted that would endanger the safety of any person. This section
does not apply to platform lifts and stairway chairlifts installed in
a private residence as provided in paragraph (2) or (3) of
subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this section as a certified qualified conveyance company, consistent
with this section. At a minimum, the individual qualifying on behalf
of a corporation, the owner on behalf of a sole ownership, or the
partners on behalf of a partnership, shall meet either of the
following requirements:
(1) Five years' work experience at a journeyperson level in the
conveyance industry in construction, installation, alteration,
testing, maintenance, and service and repair of conveyances covered
by this chapter. This experience shall be verified by current and
previously licensed elevator contractors or by current and previously
certified qualified conveyance companies.
(2) Satisfactory completion of a written examination administered
by the division on the most recent applicable codes and standards.
(c) At a minimum, each application for certification as a
certified qualified conveyance company shall include:
(1) The name, residence and business address, and telephone
numbers and other means to contact the sole owner or each partner, or
for a corporation of the principal officers and the individual
qualifying for the corporation; the number of years the applicant
business has engaged in the business of constructing, maintaining,
and service and repair of conveyances; and other information as the
division may require.
(2) The fee required by this chapter.
(d) Before bidding for or engaging in any work covered by this
chapter, a certified qualified conveyance company shall submit proof
to the division by certified copies of policies or certificates of
insurance, of all of the following:
(1) Liability insurance providing general liability coverage of
not less than one million dollars ($1,000,000) for injury or death of
any one person or persons in any one occurrence, with coverage of
not less than five hundred thousand dollars ($500,000) for property
damage of any one person or persons in any one occurrence.
(2) Workers' compensation insurance coverage.
(3) In the event of any material alteration or cancellation of any
policy specified in paragraph (1) or (2), the certified qualified
conveyance company shall provide written notice thereof to the
division within five working days.
(e) An elevator company subject to this chapter shall disclose its
status as a certified qualified conveyance company prior to bidding
on a project or prior to contracting for services. The disclosure
shall be in writing and located in a conspicuous place on the bid
documents or contract in at least 10-point type.
7311.2. (a) On and after June 30, 2003, except as provided in
subdivisions (b) and (c) of Section 7301.5, any person who, without
supervision, erects, constructs, installs, alters, tests, maintains,
services or repairs, removes, or dismantles any conveyance covered by
this chapter, shall be certified as a certified competent conveyance
mechanic by the division. This section does not apply to platform
lifts and stairway chairlifts installed in a private residence as
provided in paragraph (2) or (3) of subdivision (a) of Section 7317.
(b) Before March 1, 2003, the division shall establish an
application procedure and all requirements for certification under
this section as a certified competent conveyance mechanic, consistent
with all of the following:
(1) At a minimum, a certified competent conveyance mechanic
applicant shall meet both of the following requirements:
(A) Three years' work experience in the conveyance industry in
construction, maintenance, and service and repair of conveyances
covered by this chapter. This experience shall be verified by current
and previously licensed elevator contractors or by current and
previously certified qualified conveyance companies, as required by
the division.
(B) One of the following:
(i) Satisfactory completion of a written examination administered
by the division on the most recent applicable codes and standards.
(ii) A certificate of completion and successfully passing the
mechanic examination of a nationally recognized training program for
the conveyance industry, such as the National Elevator Industry
Educational Program or its equivalent.
(iii) A certificate of completion of an apprenticeship program for
elevator mechanic, having standards substantially equal to those of
this chapter, and which program shall be registered with the Bureau
of Apprenticeship and Training of the United States Department of
Labor or a state apprenticeship council.
(iv) A certificate or license from another state having standards
substantially equal to or more comprehensive than those of this
chapter.
(v) The applicant applies on or before December 31, 2003, and
within the three years immediately prior to January 1, 2003, has
documented at least three years of actual work experience in the
conveyance industry in construction, maintenance, and service and
repair of conveyances covered by this chapter. This experience shall
be as a journey-level mechanic working without direct and immediate
supervision, and shall be verified by currently and previously
licensed conveyance contractors or by current and previously
certified qualified conveyance companies, as required by the
division.
(2) At a minimum, each application for certification as a
certified competent conveyance mechanic shall include the information
required by the division and the fee required by this chapter.
7311.25. (a) The following meanings apply for purposes of this
section:
(1) "Agricultural production, processing, and handling facilities"
includes grain elevators, feed mills, flour mills, rice mills, rice
dryers, and other similar facilities.
(2) "Applicable Elevator Safety Orders" means the Elevator Safety
Orders referenced in Subchapter 6 (commencing with Section 3000) of
Chapter 4 of Division 1 of Title 8 of the California Code of
Regulations, and any successors to those orders.
(b) Notwithstanding Section 7311.2 or any other provision of this
chapter, an owner or operator of agricultural production, processing,
and handling facilities may designate a competent person in his or
her employ to maintain, repair, service, lubricate, or test manlifts
installed and used at the facilities if the manlifts are maintained
and inspected in accordance with applicable Elevator Safety Orders.
The designated competent person need not be a certified competent
conveyance mechanic.
7311.3. (a) A certificate issued by the division to the certified
qualified conveyance inspector, certified qualified conveyance
company, or certified competent conveyance mechanic as set forth in
Sections 7309.1, 7311.1, and 7311.2, shall have a term of two years.
The fee for biennial renewal shall be established by the division in
an amount sufficient to defray the division's costs of administering
this chapter.
(b) The renewal of all certificates issued under this chapter
shall be conditioned upon the submission of a certificate of
completion of a course designed to ensure the continuing education of
certificate holders on new and existing provisions of the
regulations of the board. This continuing education course shall
consist of not less than eight hours of instruction that shall be
attended and completed within one year immediately preceding any
certificate renewal.
(c) The courses shall be taught by instructors through continuing
education providers that may include, but not be limited to, division
programs, association seminars, and joint labor-management
apprenticeship and journeyman upgrade training programs. The division
shall approve the continuing education providers and curriculum. All
instructors shall be approved by the division and shall be exempt
from the requirements of subdivision (b), provided that the applicant
is qualified as an instructor at any time during the one-year period
immediately preceding the scheduled date for renewal.
(d) A certificate holder who is unable to complete the continuing
education course required under this section prior to the expiration
of his or her certificate due to a temporary disability may apply for
a waiver from the division. Waiver applications shall be submitted
to the division on a form provided by the division. Waiver
applications shall be signed and accompanied by a declaration signed
by a competent physician attesting to the applicant's temporary
disability. Upon the termination of the temporary disability, the
certificate holder shall submit to the division a declaration from
the same physician, if practicable, attesting to the termination of
the temporary disability, and a waiver sticker, valid for 90 days,
shall be issued to the certificate holder and affixed to his or her
certificate.
(e) Continuing education providers approved by the division shall
keep uniform records, for a period of 10 years, of attendance of
certificate holders, following a format approved by the division.
These records shall be available for inspection by the division at
its request. Approved continuing education providers shall keep
secure all attendance records and certificates of completion.
Falsifying or knowingly allowing another to falsify attendance
records or certificates of completion of continuing education
provided pursuant to this section shall constitute grounds for
suspension or revocation of the approval required under this section.
7311.4. (a) The division shall establish fees for initial and
renewal applications for certification under this chapter as a
certified qualified conveyance inspector, certified qualified
conveyance company, or certified competent conveyance mechanic based
upon the actual costs involved with the certification process,
including the cost of developing and administering any tests as well
as any costs related to continuing education, investigation,
revocation, or other associated costs.
(b) Fees collected pursuant to this chapter are nonrefundable.
7311.5. (a) A person, firm, or corporation that maintains and
repairs solely special purpose personnel elevators on cranes that
utilize a rack and pinion system in marine terminals as part of crane
maintenance activities qualifies as a certified qualified conveyance
company under Section 7311.1 if the individual qualifying
individually or on behalf of the firm or corporation has five years'
work experience at a journeyperson level in the crane maintenance
industry, including experience in the maintenance and repair of crane
elevators. This experience shall be verified by a person, firm, or
corporation in the business of maintaining and repairing cranes in
marine terminals.
(b) A person qualifies as a certified competent conveyance
mechanic under Section 7311.2 if the person has three years' work
experience in the crane maintenance industry, including experience in
the maintenance and repair of crane elevators, as a journey-level
mechanic without direct and immediate supervision. This experience
shall be verified by a crane maintenance company approved as a
certified qualified conveyance company pursuant to subdivision (a).
(c) The certifications obtained pursuant to this section may only
be used for the limited purposes of maintaining and repairing special
purpose personnel elevators on cranes that utilize a rack and pinion
system in marine terminals.
(d) A person, firm, or corporation that qualifies for
certification as a certified qualified conveyance company or
certified competent conveyance mechanic is not authorized to perform
any of the following procedures:
(1) Any work on a conveyance other than a special purpose
personnel elevator on cranes that utilize a rack and pinion system in
marine terminals.
(2) Any work related to new elevator installations.
(3) Any modifications or alterations of existing elevator systems.
(4) Testing or replacing of emergency brakes, centrifugal brakes,
emergency safety devices, or electrical systems.
(5) Annual certifications of any type of conveyance or elevator.
(e) The certifications authorized by this section require
experience but do not require an examination because the general
examination given pursuant to this chapter is inapplicable to the
work described in this section. The division is not required to set
up specialty examinations to certify persons pursuant to this
chapter.
(f) For purposes of this section, the following terms shall have
the following meanings:
(1) "Special purpose personnel elevators" shall have the same
meaning as defined in Section 3085 of Title 8 of the California Code
of Regulations.
(2) "Marine terminal" shall have the same meaning as used in
Section 3460 of Title 8 of the California Code of Regulations.
(g) Nothing in this section exempts a person, firm, or corporation
applying for certification as a certified qualified conveyance
company or a certified competent conveyance mechanic under this
section from paying the administration fees required under this
chapter.
7312. The division may at any time, upon good cause being shown
therefor, and after notice and an opportunity to be heard, revoke any
permit to operate a conveyance.
7313. Each conveyance inspector shall, within 21 days after he or
she makes an inspection, forward to the division on forms provided by
it, a report of the inspection. Failure to comply with this section
shall be grounds for the division to cancel his or her certificate.
7314. (a) The division may fix and collect fees for the inspection
of conveyances as it deems necessary to cover the actual costs of
having the inspection performed by a division safety engineer,
including administrative costs, and the costs related to regulatory
development as required by Section 7323. An additional fee may, in
the discretion of the division, be charged for necessary subsequent
inspections to determine if applicable safety orders have been
complied with. The division may fix and collect fees for field
consultations regarding conveyances as it deems necessary to cover
the actual costs of the time spent in the consultation by a division
safety engineer, including administrative and travel expenses.
(b) Notwithstanding Section 6103 of the Government Code, the
division may collect the fees authorized by subdivision (a) from the
state or any county, city, district, or other political subdivision.
(c) Whenever a person owning or having the custody, management, or
operation of a conveyance fails to pay the fees required under this
chapter within 60 days after the date of notification, he or she
shall pay, in addition to the fees required under this chapter, a
penalty fee equal to 100 percent of the fee. Failure to pay fees
within 60 days after the date of notification constitutes cause for
the division to prohibit use of the conveyance.
(d) Any fees required pursuant to this section shall be set forth
in regulations that shall be adopted as emergency regulations. These
emergency regulations shall not be subject to the review and approval
of the Office of Administrative Law pursuant to the provisions of
the Administrative Procedure Act provided for in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. These regulations shall become effective
immediately upon filing with the Secretary of State.
(e) For purposes of this section, the date of the invoice
assessing a fee pursuant to this section shall be considered the date
of notification.
7315. Fees shall be paid before the issuance of any permit to
operate a conveyance, but a temporary permit may be issued pending
receipt of fee payment. No fee may be charged by the division where
an inspection has been made by an inspector of an insurance company
or municipality if that inspector holds a certificate as a conveyance
inspector and an inspection report is filed with the division within
21 days after inspection is made.
7316. All fees collected by the division under this chapter shall
be paid into the Elevator Safety Account which is hereby created for
the administration of the division's conveyance safety program. The
division shall establish criteria upon which fee charges are based
and prepare an annual report concerning revenues obtained and
expenditures appropriated for the conveyance safety program. The
division shall file the report with the Legislative Analyst, the
Joint Legislative Audit Committee, and the Department of Finance.
7317. (a) Except as provided in subdivision (b), the following
conveyances are exempt from this chapter:
(1) Conveyances under the jurisdiction of the United States
government.
(2) Conveyances located in a single-unit private home and not
accessible to the public.
(3) Conveyances located in a multiunit residential building
serving no more than two dwelling units and not accessible to the
public.
(b) Conveyances otherwise exempted pursuant to paragraph (3) of
subdivision (a) shall be inspected by the division upon completion of
installation prior to being placed in service or after major
alterations. The inspection shall be for safety and compliance with
orders or regulations applicable to the type of conveyance installed.
7318. Nothing in this chapter limits the authority of the division
to prescribe or enforce general or special safety orders.
7319. All elevators used for the carriage of passengers shall be
provided with a suitable seat for the operator in charge. Failure to
comply with this section is a misdemeanor punishable by a fine not
exceeding fifty dollars ($50) for each offense.
7320. The division may assess a civil penalty not to exceed one
thousand dollars ($1,000) against any person owning or having
custody, management, or control of the operation of a conveyance, who
operates the conveyance without a permit or who fails to
conspicuously post the permit in the conveyance. No penalty shall be
assessed against any person who has requested the issuance or renewal
of a permit and the request has not been acted upon by the division.
7321. (a) The division may assess a civil penalty not to exceed
seventy thousand dollars ($70,000) against any person owning or
having custody, management, or control of the operation of a
conveyance, who operates or permits the operation of the conveyance
in a condition that is dangerous to the life or safety of any person,
or who operates or permits the operation of the conveyance in
violation of an order prohibiting use issued pursuant to Section
7301, 7305, or 7314.
(b) The division shall issue an order prohibiting use and may
assess a civil penalty not to exceed seventy thousand dollars
($70,000) against any person who constructs, installs, or materially
alters a conveyance without a permit issued pursuant to Section
7301.1 that is dangerous to the life or safety of any person.
7321.5. The division shall enforce Sections 7320 and 7321 by
issuance of a citation and notice of civil penalty in a manner
consistent with Sections 6317 and 6319. Any person owning or having
custody, management, or control of the operation of a conveyance who
receives a citation and notice of civil penalty may appeal to the
Occupational Safety and Health Appeals Board in a manner consistent
with Section 6319.
7322. (a) Once an authorized representative of the division has
issued an order prohibiting the use of a conveyance as specified in
Sections 7301, 7305, 7314, or subdivision (b) of Section 7321, the
person owning or having custody, management, or operation of the
conveyance may contest the order and shall be granted, upon request,
a hearing to review the validity of the order. The hearing shall be
held no later than 10 working days following receipt of the request
for hearing.
(b) After a notice is attached as provided in Section 7305 or
subdivision (b) of Section 7321, every person who enters or uses, or
directs or causes another to enter or use, any conveyance before it
is made safe, or who defaces, destroys, or removes the notice without
the authority of the division, is guilty of a misdemeanor punishable
by a fine of not more than seventy thousand dollars ($70,000), by
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.
(c) After a notice is attached for failure to comply with the
requirements of Section 7301 or 7314, every person who enters or
uses, or directs or causes another to enter or use, any conveyance
before it is made safe, or who defaces, destroys, or removes the
notice without the authority of the division, is guilty of a
misdemeanor punishable by a fine of not more than seven thousand
dollars ($7,000), imprisonment in the county jail for not more than
six months, or by both that fine and imprisonment.
7323. The division shall propose to the standards board for review,
and the standards board shall adopt, regulations for the equipment
covered by this chapter. Not later than December 31, 2003, the
division shall propose final rulemaking proposals to the standards
board for review and adoption, which shall include provisions at
least as effective as ASME A17.1, ASME A17.3, ASME A18.1, and ASCE
21, as in effect prior to September 30, 2002. Not later than nine
months after the effective date of any revision or any substantive
revision to any addendum to these codes, the division shall propose
additional final rulemaking proposals to the standards board for
review and adoption at least as effective as those in the revised
code or addendum. The standards board shall notice the division's
final rulemaking proposals for public hearing within three months of
their receipt and shall adopt the proposed regulations promptly and
in accordance with subdivision (b) of Section 11346.4 of the
Government Code.
7324. Individuals, firms, or companies certified as described in
this chapter shall ensure that installation, service, and maintenance
of conveyances are performed in compliance with the provisions
contained in the State Fire Prevention and Building Code and with
generally accepted standards referenced in that code.
7324.1. This chapter shall not be construed to relieve or lessen
the responsibility or liability of any person, firm, or corporation
owning, operating, controlling, maintaining, erecting, constructing,
installing, altering, testing, or repairing any conveyance or other
related mechanisms covered by this chapter for damages to any person
or property caused by any defect therein.
7324.2. The provisions of this chapter added or amended by the act
enacting this section shall not be applied retroactively. Equipment
subject to this chapter shall be required to comply with the
applicable standards in effect on the date of its installation or
within the period determined by the board for compliance with ASME
A17.3, whichever is more stringent.
