As used in this chapter, unless the context otherwise requires: “Aerial passenger tramways” means recreational transportation of passengers on devices that are usually referred to by the following names: Reversible Aerial Tramways. That class of aerial passenger tramways and lifts in which the passengers are transported in carriers and are not in contact with the […]
There is created the elevator and amusement device safety board, consisting of eight (8) members appointed by the governor. The focus of five (5) members of the board shall be for elevator safety, the focus of two (2) members shall be amusement device safety, and the focus of one (1) member shall be on amusement […]
It is the duty of the board to license elevator inspectors as provided in this chapter, and the board has the power and it is its duty to consult with engineering authorities and organizations studying and developing safety codes, including the American Standards Association, and to determine what rules and regulations governing the qualifications, training […]
Except where otherwise provided, the department has the power, and it is its duty, to enforce this chapter and the rules and regulations promulgated by the board. The department shall exercise enforcement over moving walks in the same manner and to the same extent as provided in this chapter for elevators, dumbwaiters, and escalators. The […]
Within sixty (60) days after the date of adoption by the board of rules and regulations under § 68-121-103, the owner or lessee of every existing elevator, dumbwaiter and escalator shall register with the department each elevator, dumbwaiter or escalator owned or operated by such owner or lessee, giving type, contract load and speed, name […]
All new, altered and existing elevators, dumbwaiters and escalators, except dormant elevators, dumbwaiters and escalators, shall be tested and inspected in accordance with the following schedule: Initial Inspection Test of New or Altered Installations. Every new or altered elevator, dumbwaiter and escalator shall be inspected and tested in conformity with the applicable rules and regulations […]
It is unlawful to operate any elevator, dumbwaiter, or escalator without a valid operating permit issued in accordance with this section. If an inspection report indicates compliance with this chapter, the commissioner shall issue an operating permit to the owner or lessee of such elevator, dumbwaiter, or escalator; provided, that no permits shall be issued […]
Plans and Specifications. On and after the effective date of the rules and regulations adopted by the board under § 68-121-103, detailed plans and specifications of each elevator, dumbwaiter or escalator to be thereafter installed, relocated or altered shall be submitted to the department or its authorized representative, together with an application for a construction […]
Every elevator, dumbwaiter and escalator shall be maintained by the owner or lessee in a safe operating condition and so that it conforms to the rules and requirements of the board as adopted under § 68-121-103. Every aerial passenger tramway shall be maintained by the owner or lessee in a safe operating condition and so […]
No person shall be licensed as an elevator inspector to inspect elevators, escalators or new or altered dumbwaiters, unless the person is an employee of the state authorized to inspect elevators, escalators and dumbwaiters or an employee authorized to inspect elevators, escalators and dumbwaiters for any insurance company insuring such elevators, escalators and dumbwaiters in […]
This chapter shall not have the effect of replacing any municipal law or ordinance in municipalities having regulations controlling the design, construction, location, installation, inspection and operation of elevators, dumbwaiters or escalators where such local laws, ordinances or regulations are in substantial conformity with the commonly accepted standards of safety concerning the design, construction, location, […]
Any person aggrieved by an order or act of the commissioner or department under this chapter may, within fifteen (15) days after notice thereof, appeal from such order or act to the board. The board shall hear the appeal in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Prosecutions for violations of this chapter shall be instituted by the commissioner, and shall be in the form of summary proceedings before a court of competent jurisdiction. Upon conviction, after a hearing, the penalties provided for in § 68-121-115 shall be imposed and shall be final, subject to appeal to a court of proper jurisdiction […]
Any person, firm or corporation that violates any of this chapter or the rules and regulations adopted by the board, or who fails or neglects to pay the fees as required in this chapter, commits a Class C misdemeanor. The fee for any inspection or operating permit under this chapter shall be increased fifty percent […]
The legislature finds that: An unsafe amusement device is likely to cause serious and preventable injuries to members of the public; and For the welfare of the people of the state, these injuries must be prevented and the public must be protected from unsafe amusement devices. The purpose of regulating amusement devices is to ensure, […]
It is an offense, punishable as provided in § 68-121-115, for: The owner of any amusement device to operate, or permit any person to operate, any amusement device, unless an annual permit has been issued by the department to the owner of the amusement device, which permit shall be valid in any and all counties […]
The owner or operator of an amusement device shall immediately cease to operate any amusement device upon which a fatality, serious physical injury, or serious incident has occurred. An owner shall report any accident involving a fatality, serious physical injury, or serious incident resulting from the operation of an amusement device to the commissioner, in […]
The commissioner shall compile a list of persons who have been found to be qualified inspectors. The list shall be posted on the web site maintained by the department. The commissioner may employ or contract with qualified inspectors to conduct inspections of amusement devices pursuant to this chapter. However, if the commissioner does not employ […]
A person shall not operate an amusement device unless the owner of the amusement device has the device inspected at least once annually by a qualified inspector, who is either provided by the commissioner or whom the owner or insurer has selected from the lists maintained on the department’s website pursuant to § 68-121-119, and […]
Each owner or operator shall retain on the premises or with a traveling or portable amusement device for at least twenty-four (24) months, all maintenance, inspection and accident records for each amusement device. The owner shall make the records for the amusement device under inspection for failure or malfunction available to the commissioner or the […]