23-491. Definitions In this article, unless the context otherwise requires: 1. " Authorized representative" means the elevator chief and elevator inspector employed by the division. 2. " Certificate" means a certificate of inspection issued by the division. 3. " Commission" means the industrial commission of Arizona. 4. " Conveyance" means an elevator, dumbwaiter, escalator, moving […]
23-491.01. Administration The division shall administer the provisions of this article.
23-491.02. Owner’s and operator’s duty Every owner and operator of a conveyance shall: 1. Construct, furnish, maintain and provide safe and adequate devices with which to safely and properly convey or move all persons and material utilizing the services offered by the owner or operator of such device. 2. Comply with all standards and regulations […]
23-491.03. Existing conveyances Existing conveyances lawfully installed prior to the effective date of this article may continue in use if the use is, in the opinion of the director, not a hazard to life, health or property.
23-491.04. Commission powers and duties A. The commission shall: 1. Administer this article through the division of occupational safety and health. 2. Promulgate standards and regulations pursuant to section 23-491.06 as required and promulgate such other rules and regulations and exercise such other powers as are necessary to carry out this article. B. The commission, […]
23-491.05. Division powers The division may: 1. Inspect conveyances when deemed necessary or appropriate by the division. 2. Recommend to the commission for approval or disapproval standards and regulations and amendments to such standards and regulations. 3. Enforce, pursuant to section 23-491.09, all standards and regulations promulgated by the commission.
23-491.06. Development of standards and regulations A. Safety standards and regulations shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or federal standards or draft such regulations as it considers necessary after conducting sufficient investigations through the division’s employees and through consultation with other persons knowledgeable […]
23-491.07. Certificate of inspection No conveyance shall be operated in this state without an annual certificate of inspection issued by the division. The division shall issue such certificate of inspection if, after inspection, the conveyance is found to comply with the standards and regulations adopted pursuant to this article.
23-491.08. Notice requesting investigation; confidentiality; determination of grounds A. Any person may make a request for an investigation by the division into alleged violations of section 23-491.02 by giving notice to the director or the director’s authorized representative of such violation or danger. Such notice shall be in writing, shall set forth with reasonable particularity […]
23-491.09. Enforcement A. If the division, following an inspection or investigation, determines that there is reasonable cause to believe that there is a violation of a standard or regulation, the division shall issue a correction order directing any repairs, improvements, changes or additions necessary to eliminate the hazard. Each correction order shall be in writing, […]
23-491.10. Hearing rights and procedures A. Any interested party may request a hearing before the commission to contest any correction order issued pursuant to this article. B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and include such party’s address. C. The commission shall refer […]
23-491.11. Decisions of administrative law judge; contents; disposition and effect A. Upon the conclusion of any hearing, or prior to the conclusion with concurrence of the parties, the administrative law judge shall, not later than thirty days after the matter is submitted for decision, determine the matter and make a decision in accordance with the […]
23-491.12. Decision upon review A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days from the date of filing […]
23-491.13. Effective date of orders; time for compliance; effect of orders A. The commission shall, upon application of any owner or operator, grant such time as reasonably necessary for compliance with an order. A person may petition the commission for an extension of time to comply with an order which the commission shall grant if […]
23-491.14. Petition for special action to review lawfulness of decision, order or decision upon review; procedure A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-491.12 may apply to the court of appeals by a petition for special action to review the lawfulness of the […]
23-491.15. Nonimpairment of other agencies Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement or licensing, safety or police regulation authorized by local ordinance or state statute if, upon determination by the commission, the standards employed by such […]
23-491.16. Private elevator inspector; qualifications; civil penalty; prohibited conduct; exemption from rule making A. The commission may authorize an individual to perform initial or annual inspections under this article or any other inspection under this article designated by the commission, if the individual does all of the following: 1. Meets the qualifications and insurance requirements […]
