Alabama Administrative Code Chapter 480-8-2 — Board Powers and Standards

480 Alabama Department of Workforce (formerly Alabama Department of Labor)

Ala. Admin. Code r. 480-8-2-.01 Board Composition And Powers

(1) The Elevator Safety Review Board is comprised of 10 members as specified in Code of Ala. 1975, §25-13-5. The Board’s office is located at the Department of Labor, 649 Monroe Street, Montgomery, Alabama 36131.

(2) The Board controls the issuance, renewal, suspension and revocation of elevator mechanics, lift mechanics and inspectors licenses. In order to exercise its powers and carry out its responsibilities the Board may:

(a) Conduct or otherwise provide examinations;

(b) Conduct hearings with regard to the administration of its affairs;

(c) Investigate all matters within its jurisdiction; and,

(d) Adopt rules consistent with its statutory authority.

(e) The public may obtain information and make submissions or requests at the Board's office.

History

• Author: Andrew Hamilton Smith
• Authority: Code of Ala. 1975, §§25-13-6, -13, -20 (2003).
• New Rule: Filed June 22, 2004; effective July 27, 2004. Amended: Filed January 9, 2013; effective February 13, 2013.

Ala. Admin. Code r. 480-8-2-.02 Registration Of Conveyances

(1) The owner or lessee of a conveyance shall register the conveyance with the department, pursuant to rules adopted by the Board. The registration shall include the type, rated load and speed, manufacturer, location, purpose, date of installation and any additional information the Board may require.

(2) Six months after the Board’s adoption of these Rules, the Board may, after notice and hearing, assess an administrative penalty of no more than $500.00 per day against a building owner or lessee who fails to register a conveyance as required by this subchapter 30 days after being directed to do so by the Board.

(3) A jurisdiction tag shall be furnished and shall be permanently attached on or near the conveyance’s crosshead by the inspector. On conveyances without a crosshead, jurisdiction tags shall be attached to the equipment on the car top. On conveyances also lacking car tops, the jurisdiction tag shall be attached on or near the control panel.

(4) The Secretary, chief inspector, deputy inspector or licensed elevator inspector shall have free access during reasonable hours to any premises in the State where elevators or other conveyances are being constructed, installed, operated, maintained, or repaired for the purpose of performing any required safety inspections in accordance with the Act and these rules. Any owner/user or person responsible for elevators or other conveyances that denies access for inspection shall be in violation of the Act and may be subjected to fines.

History

• Author: Andrew Hamilton Smith
• Authority: Code of Ala. 1975, §25-13-14 (2003).
• New Rule: Filed June 22, 2004; effective July 27, 2004. Amended: Filed January 9, 2013; effective February 13, 2013. Amended: Published May 31, 2024; effective July 15, 2024.

Ala. Admin. Code r. 480-8-2-.03 Minimum Standards Adoption Of Nationally Recognized Safety Codes

(1) If not previously adopted, The Board shall automatically adopt the latest editions of the standards listed in (1)(a) through (e) below six months from their effective date. Any modifications to the standards that the administrator deems necessary shall be justified in writing by the Board:

(a) THE NATIONAL SAFETY CODE FOR ELEVATORS AND ESCALATORS (ASME A.17.1)

(b) THE NATIONAL SAFETY CODE FOR EXISTING ELEVATORS AND ESCALATORS (ASME A.17.3). ASME A.17.3, however, shall only apply to conveyances constructed and installed after its most recent effective date or where a subsequent alteration is being made pursuant to Section 8.7 of ASME A.17.1 Portions of an elevator not altered or affected by the alteration are not required to comply with the current code requirements of A.17.3. Up to and until an alteration is being made, the edition of ASME A.17.1 that was in effect at the time of construction shall apply.

(c) THE NATIONAL SAFETY STANDARD FOR PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS (ASME A.18.1)

(d) THE NATIONAL SAFETY STANDARD FOR THE QUALIFICATIONS OF ELEVATOR INSPECTORS (ASME QEI-1)

(e) AUTOMATED PEOPLE MOVER STANDARDS (ASCE 21)

(2) Hydraulic elevators that have any portion of the cylinder buried in the ground and that do not have a double cylinder or a cylinder with a safety bulkhead shall:

(a) have the cylinder replaced with a double cylinder or a cylinder with a safety bulkhead protected from corrosion by one or more of the following methods:

1. monitored cathodic protection;

2. a coating to protect the cylinder from corrosion that will withstand the installation process;

3. by a protective plastic casing immune to galvanic or electrolic action, salt water, and other known underground conditions; or

(b) be provided with a device meeting the requirements of Section 3.5 or a device arranged to operate in the down direction at an over speed not exceeding 125% of rated speed. The device shall mechanically act to limit the maximum car speed to the buffer striking speed, or stop the elevator car with rated load with a deceleration not to exceed 32.2ft/s2(9.8m/s2), and shall not automatically reset. Actuation of the device shall cause power to be removed from the pump motor and control valves until manually reset; or

(c) have other means acceptable to the authority having jurisdiction to protect against unintended movement of the car as a result of uncontrolled fluid loss.

(d) All new and existing jacks must be in compliance by October 1, 2007

(3) The following standards shall govern restricted openings of hoistway doors and/or car doors on passenger elevators.

(a) When a car is outside the unlocking zone, the hoistway doors or car doors shall be so arranged that the hoistway doors or car doors cannot be opened more than 4 in. (102 mm) from inside the car.

(b) When the car is outside the unlocking zone, the car doors shall be openable from outside the car without the use of special tools.

(c) The unlocking zone shall extend from the landing floor level to a point no greater than 18 in. (457 mm) above or below the landing floor level.

(d) All existing elevators that are not in compliance with this rule have six months after the inspection report is received by the department to be in compliance.

(4) The following procedures shall be followed for Temporary Certificates of Operation

(a) A temporary certificate of operation may be issued at the discretion of the chief inspector if requested by the elevator contractor and the inspector. This request must be submitted by the inspector in the form of an inspection report, along with the required fee.

(b) The fee required for the certificate and inspection is $100.00 must be submitted with the inspection report at the time of the request. The remaining $160.00 will be paid to the inspector as determined at the time of the inspection. Any violations that would prevent the elevator from receiving a temporary certificate of operation must be completed prior to sending in the inspection report.

(c) The elevator must have all safety devices properly tested and witnessed by the inspector. The inspector along with the elevator contractor must decide if an elevator operator will be required. If so, the operator must receive proper training by the elevator contractor. If an operator will be stationed in the elevator during operation, no working phone is required during temporary operation. The operator will be required to have some form of 2-way communication.

(d) When the inspection report and fee are submitted to this office, the inspector is certifying the elevator is safe for this type service.

(5) In order to reduce the hazards associated with water on energized circuits from the activation of sprinklers in the elevator equipment room, new elevator installations, and modernizations/alterations will require the shunt trip of each elevator disconnecting means to be located outside the elevator equipment room.

(a) It shall de-energize both the line side and load side of the affected elevator's disconnecting means.

(b) In cases of extreme difficulty in locating the shunt trip outside the machine room, and with prior written approval from the administrator, locating the shunt trip in the machine room may be approved, if the disconnect is a rainproof NEMA 3R or better enclosure.

(c) Control circuits to shut down elevator power shall be monitored for presence of operating voltage. Loss of voltage to the control circuit for the disconnecting means shall cause a supervisory signal to be indicated at the control unit and required remote enunciators.

History

• Author: Ralph Pate
• Authority: Code of Ala. 1975, §25-13-6 (2003).
• New Rule: Filed June 22, 2004; effective July 27, 2004. Amended: Filed December 29, 2004; effective February 2, 2005. Amended: Filed August 17, 2006; effective September 21, 2006. Amended: Filed May 8, 2008; effective June 12, 2008. Amended: Filed January 9, 2013; effective February 13, 2013. Amended: Published February 26, 2021; effective April 12, 2021.

Ala. Admin. Code r. 480-8-2-.04 Variance, Exemption And Reconsideration

(1) The Board may grant a variance approving a different solution to compliance with the intent of this code. In considering a request for a variance, the board may take into consideration the impact to the historic character of the conveyance and/or the building. It is the policy of the Board that whenever possible the determination of a variance or exemption request be made by the Elevator Safety Review Board.

(2) In order for a variance or exemption request to be reviewed the owner or designated representative shall submit:

(a) Evidence that the proposed or existing conveyance is not in compliance with this Code.

(b) Evidence, letters, statements, test results, construction documents, or other supporting information as required to justify the request.

(c) Evidence that strict compliance with the Code would entail practical difficulty, unnecessary hardship or is otherwise found unwarranted.

(d) Evidence that any such variance or exemption secures the public safety and health and that the methods, means or practices proposed provide equal protection of the public safety and health.

(3) The determination on the variance or exemption request shall be made in writing to the applicant and shall advise the applicant of the reconsideration process. This determination shall be made no later than 30 days after the request is made.

(4) The Board may reconsider an interpretation or decision made pursuant to this Section. To request reconsideration the owner shall submit a written request to the Board including:

(a) Evidence the proposed or existing conveyance is not in compliance with this Code.

(b) Evidence, letters, statements, test results, construction documents or other supporting information as required to justify the request.

(c) Evidence that the true intent of the Code has been incorrectly interpreted, or the provisions of the Code do not fully apply; or the decision is unreasonable or arbitrary as it applies to alternatives or new materials.

(5) The request for reconsideration shall be submitted no later than 30 days after receiving the variance or exemption determination.

(6) A request for variance, exemption, or reconsideration shall not relieve a person from complying with this Code, permit or occupancy requirements, unless the Board expressly authorizes an extension of compliance period pending review of the request.

History

• Author: Andrew Hamilton Smith
• Authority: Code of Ala. 1975, §25-13-6 (2003).
• New Rule: Filed June 22, 2004; effective July 27, 2004. Amended: Filed January 9, 2013; effective February 13, 2013.

Ala. Admin. Code r. 480-8-2-.05 Application Form For Variance From Adopted Elevator Code

The Secretary or his/her designee shall publish a form which shall be used to submit applications for a variance from the adopted elevator code as authorized in Administrative Rule 480-8-2-.04. The application form may be found on the Alabama Department of Labor website (www.labor.alabama.gov). However, the standards for the granting or denial of a variance as set forth in Rule 480-8-2-.04 are the standards applicable to the granting or denial of a variance. The applicant has the burden of proof to meet the standards set forth in Administrative Rule 480-8-2-.04.

History

• Author: Allen Pate; Elevator Safety Review Board
• Authority: Code of Ala. 1975, §25-13-6.
• New Rule: Filed September 11, 2009; effective October 16, 2009. Amended: Filed January 9, 2013; effective February 13, 2013. Amended: Published February 26, 2021; effective April 12, 2021.

Ala. Admin. Code r. 480-8-2-.06 Notification Of Incident

(1) When an incident occurs on a conveyance resulting in a personal injury, the owner or lessee shall notify the Chief Inspector within 24 hours by submitting a detailed report of the incident. In the event the incident occurs during a weekend, notification shall be made on the first business day thereafter.

(2) In the event of a personal injury requiring immediate transport to a medical facility, notice shall be given by telephone or email within four (4) hours, and neither the conveyance, nor any part thereof, shall be removed or disturbed before permission to do so has been given by the Chief Inspector, except for the purpose of saving human life and limiting consequential damage.

(3) An inspection shall be made as a result of an incident and the inspector will inform the owner or lessee of the requirements set forth in paragraph (1).

History

• Author: James E. Dye, Jr., Joseph S. Ammons
• Authority: Code of Ala. 1975, §§25-13-1, -6, -20.
• New Rule: Filed August 13, 2019; effective September 27, 2019.