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09.12.81 - Division of Labor and Industry - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 41, ISSUE 10,
FRIDAY, MAY 16, 2014

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.81 ELEVATOR, ESCALATOR, AND CHAIRLIFT SAFETY

Authority: Public Safety Article, §§12-805, 12-806, 12-809, and 12-812, Annotated Code of Maryland

Notice of Proposed Action
[14-122-P]

The Commissioner of Labor and Industry proposes to amend Regulation .01 under COMAR 09.12.81 Elevator, Escalator, and Chairlift Safety.

Statement of Purpose

The purpose of this action is to require that an owner, contractor, or lessee of an elevator unit adhere to the requirements of the applicable adopted safety code that is in effect when the contract to install the elevator unit is executed provided the final acceptance inspection is performed within 3 years of the contract date. If the final acceptance inspection is performed more than 3 years from the contract date, then the safety code in effect at the time of installation will apply.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. It is assumed that this proposal will benefit an owner, contractor, or lessee of an elevator unit by clarifying the safety code that applies to that elevator unit. The regulation sets forth that the safety code in effect at the time the contract to install the elevator unit is executed is the safety code that will apply to that elevator unit, as long as the final acceptance inspection is performed within 3 years of the contract date. If the final acceptance inspection is performed more than 3 years from the date the contract was executed, the safety code in effect at the time of installation will apply. Adherence to the safety code at the time of installation may cause an owner or lessee of an elevator unit to incur additional costs.

 
Revenue (R+/R-)
 
II. Types of Economic
Impact.
Expenditure
(E+/E-)
Magnitude

A. On issuing agency: NONE
 
B. On other State agencies: NONE
 
C. On local governments: NONE

Benefit (+)
Cost (-)

Magnitude

D. On regulated industries or trade groups: (+) Indeterminable
E. On other industries or trade groups: NONE
 
F. Direct and indirect effects on public: NONE
 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. This proposal provides an owner, contractor, or lessee of an elevator unit with clarification as to the applicable safety code that must be adhered to at the time the contract to install the elevator unit is executed and the final acceptance inspection is performed. If the elevator unit is installed more than 3 years after the contract is executed, the safety code in effect at the time of installation will apply. This change will provide for a more efficient and timely installation process, but adherence to the safety code at the time of installation may cause an owner or lessee of an elevator unit to incur additional costs.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Debbie Stone, Regulations Coordinator, Department of Labor, Licensing, and Regulation, Division of Labor and Industry, 1100 N. Eutaw Street, Room 606, Baltimore, Maryland 21201, or call 410-767-2225, or email to deborah.stone@maryland.gov, or fax to 410-767-2986. Comments will be accepted through June 16, 2014. A public hearing has not been scheduled.

.01 Safety Code for Elevators and Escalators.
  A. Scope
    (1) (text unchanged)
    (2) The applicable adopted safety code will be contingent upon the date the contract to install an elevator unit is signed.
    (3) Documentation verifying the contract date shall be provided as part of the registration process.
    (4) The elevator unit shall undergo a final acceptance inspection within 3 years of the contract date or the next subsequent adopted safety code shall be applied.

    [(2)] (5) — [(3)] (6) (text unchanged)
  B. (text unchanged)

J. RONALD DEJULIIS
Commissioner of Labor and Industry