Ohio Administrative Code 4101:5 — Department of Commerce | Board of Building Standards: Elevator Rules

Chapter 4101:5-1 General Provisions

Ohio Adm.Code 4101:5-1-01 Scope.

This division of the Administrative Code applies to the design, construction, repair, alteration, and maintenance of:

(A) Passenger elevators;

(B) Freight elevators;

(C) Stage lifts;

(D) Dumbwaiters;

(E) Escalators;

(F) Moving walks;

(G) Belt Manlifts;

(H) Mine elevators;

(I) Wind turbine tower elevators

(J) Special service elevators and other lifting and lowering equipment as provided for by section 4105.01 of the Revised Code, but does not include the following:

(1) Conveyors and related equipment within the scope of "ANSI B20.1";

(2) Tiering or piling machines used to move material to and from storage and located and operating entirely within one story;

(3) Equipment for feeding or positioning materials at machine tools, printing presses, etc.;

(4) Hoists for raising or lowering materials and which are provided with unguided hooks, slings, and similar means for attachment to the materials;

(5) Skip or furnace hoists;

(6) Wharf ramps;

(7) Amusement devices, but does include elevators in observation towers, etc.;

(8) Lift bridges;

(9) Railroad car lifts or dumpers;

(10) Material hoists and material lifts;

(11) Workmen's hoists in place for the duration of the construction renovation or demolition of the project; and

(12) Elevators within individual dwelling units.

Last updated July 2, 2024 at 10:19 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4101:5-1-02 Definitions.

This rule defines terms used in rules 4101:5-1-01 to 4101:5-3-02 of the Administrative Code.

For definitions of terms not contained herein, refer to the " ASME" standards listed in rule 4101:5-3-01 of the Administrative Code.

"ASME" means the "American Society of Mechanical Engineers." Referenced standards, codes, and related technical information developed by this organization can be purchased by logging on to http://www.asme.org or by calling 1-800-the-asme.

"Board" means the board of building standards as established by section 3781.07 of the Revised Code and authorized by division (A) of section 4105.011 of the Revised Code to formulate rules and regulations governing the design, construction, repair, alteration, and maintenance of elevators.

"Board of building appeals" means the board of building appeals as established by section 3781.19 of the Revised Code.

"Division" means the division of industrial compliance in the department of commerce.

"Elevator" means, a hoisting and lowering apparatus equipped with a car, cage, or platform which moves on or between permanent rails or guides and serves two or more fixed landings in a building or structure to which section 3781.06 of the Revised Code applies. "Elevator" includes dumb-waiters other than hand-powered dumb-waiters, escalators, manlifts of the endless belt type, moving walks, other lifting or lowering apparatus permanently installed on or between rails or guides, and all equipment, machinery, and construction related to any elevator; but does not include construction hoists and other similar temporary lifting or lowering apparatuses, ski lifts, traveling, portable amusement rides or devices that are not affixed to a permanent foundation, or nonportable amusement rides or devices that are affixed to a permanent foundation.

"Freight elevator" means an elevator normally used for carrying freight and on which only the operator and employees in the pursuit of their duties, by the permission of the employer, are allowed to ride.

"General inspector" means a state inspector examined and hired to inspect elevators and lifting apparatus for that state.

"Inspector" means either a general or special inspector.

"Moving walks" means a type of passenger-carrying device on which passengers stand or walk, and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted.

"Owner or user" means any person, firm or corporation owning or operating any elevator.

"Special inspector" means an inspector examined and commissioned by the superintendent to inspect elevators and lifting apparatus in the state.

"Superintendent" means the superintendent of the division of industrial compliance created in the department of commerce under section 121.04 of the Revised Code, or the person designated by the superintendent as responsible for the enforcement of rules 4101:5-1-01 to 4101:5-3-02 and 1301:3-6-01 to 1301:3-6-06 of the Administrative Code.

Last updated July 2, 2024 at 10:19 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4101:5-3-01

Unless otherwise specifically provided for in rules 4101:1-30-01 or 4101:5-1-01 to 4101:5-3-02 of the Administrative Code, compliance with the applicable technical provisions and requirements of the standards listed in "Table 4101:5-3-01" of this rule is prima facie evidence of conformity with accepted engineering practice or with an approved standard governing the design, construction, repair, alteration and maintenance of elevators. Compliance with a more recently published edition of a standard listed in "Table 4101:5-3-01" of this rule is acceptable as meeting the minimum standard identified provided that compliance is demonstrated to the entire standard and the specific edition of that standard is identified on the approval record issued by the superintendent. Additionally, the specific editition of that standard is to be identified on the certificate of plan approval and the certificate of occupancy issued by the building official having jurisdiction pursuant to rule 4101:1-1-01 of the Administrative Code. Addenda subsequently issued by the promulgating agency in between published editions is not enforceable unless specifically adopted herein.

Table 4101:5-3-01

Last updated July 2, 2024 at 10:20 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4101:5-1-03 Enforcement.

(A) The superintendent of the division of industrial compliance enforces the provisions of rules 4101:5-1-01 to 4101:5-3-02 and rules 1301:3-6-01 to 1301:3-6-06 of the Administrative Code relating to the design, construction, repair, alteration, and maintenance of elevators and elevator controls as defined in rule 4101:5-1-02 of the Administrative Code.

Exception: Municipal corporations, such as the city of Cleveland and the city of Cincinnati, which are authorized to adopt regulations for the regular inspection of elevators pursuant to section 4105.19 of the Revised Code.

(B) All requirements within the standards referenced in "Table 4101:5-3-01" of rule 4101:5-3-01 of the Administrative Code that relate to the construction of the building and the building service equipment located within an elevator hoistway enclosure, hoistway, machine room, and control room such as, but not limited to, requirements for wall materials, wall fire resistance ratings, fire and/or smoke dampers, means of egress doors and hardware, ladders, air conditioning systems, ventilation systems, fire protection systems, lighting systems, electrical power supply to the elevator controls, lighting switches, electrical disconnects and selective coordination of overcurrent protective devices (OCPD), plumbing, sanitary piping, and sump pits are to be enforced by the building official having jurisdiction as determined in division (A)(1) of section 3791.04 of the Revised Code.

Last updated July 2, 2024 at 10:19 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1301:3-6-01

(A) "ASME" means the American society of mechanical engineers. Reference material from this organization can be obtained at www.asme.org or by calling 1-800-THE-ASME.

(B) "Division" or "Division of Industrial Compliance" or "Industrial Compliance" means the division of industrial compliance in the Ohio department of commerce.

(C) "Elevator" has the same meaning as defined in division (A) of section 4105.01 of the Revised Code.

(D) "Elevator section" means the elevator section within the division of industrial compliance in the Ohio department of commerce.

(E) As used in Chapter 1301:3-6 of the Administrative Code, "disqualifying offense" has the following meaning:

(1) For applicants seeking to renew a certificate of competency, any offense that is a felony.

(a) A violation of section 2903.01 or 2903.02 of the Revised Code;

(b) A sexually oriented offense as defined in section 2950.01 of the Revised Code;

(c) An offense that is an offense of violence as defined in section 2901.01 of the Revised Code, if the offense is a felony of the first or second degree;

(d) Complicity in committing an offense described in paragraph (E)(2)(a) of this rule;

(e) An attempt or conspiracy to commit or complicity in committing any offense described in paragraph (E)(2)(a), (E)(2)(b), (E)(2)(c), or (E)(2)(d) of this rule if the attempt, conspiracy, or complicity is a felony of the first or second degree;

(f) A violation of any former law of this state, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in paragraph (E)(2)(a), (E)(2)(b), (E)(2)(c), (E)(2)(d), or (E)(2)(e) of this rule;

(g) Forgery (section 2913.31 of the Revised Code);

(h) Trademark counterfeiting (section 2913.34 of the Revised Code);

(i) Fraud (section 2913.40, section 2913.42, section 2913.45, section 2913.47, section 2913.48, or section 2913.49 of the Revised Code);

(j) Receiving stolen property (section 2913.51 of the Revised Code);

(k) Bribery (section 2929.02 of the Revised Code);

(l) Theft in office (section 2921.41 of the Revised Code);

(m) Having an unlawful interest in a public contract (section 2921.42 of the Revised Code);

(n) Engaging in a pattern of corrupt activity (section 2929.32 of the Revised Code);

(o) Money laundering (division (A) of section 1315.55 of the Revised Code);

(p) Criminal negligence (section 2901.21 of the Revised Code).

Last updated June 2, 2022 at 8:33 AM

History

• Effective: June 2, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 1301:3-6-06

Administrative hearings held under Chapter 4105. of the Revised Code, shall be conducted in conformity with Chapter 119. of the Revised Code relating to adjudication hearings.

Last updated July 2, 2021 at 3:00 PM

History

• Effective: July 2, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 4101:5-1-04 Application for permit.

In accordance with section 4105.16 of the Revised Code, every owner or contractor is required to apply for and obtain a permit from the division of industrial compliance prior to the installation of, alteration of, or repair of any elevator regulated by the division. The application is to be made on forms prescribed by the superintendent and in accordance with rule 1301:3-6-03 of the Administrative Code.

Last updated July 2, 2024 at 10:19 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1301:3-6-03

(A) An application for a permit under section 4105.16 of the Revised Code for the erection, repair, or removal to a different location of an elevator shall consist of the following:

(1) A completed application form designated by the superintendent;

(2) Plans and specifications giving information, adequate to the division, concerning the construction, alteration, or repair of the elevator; and

(3) Any applicable fee assessed by the board of building standards in accordance with section 4105.17 of the Revised Code, which fee shall be nonrefundable.

(B) An application for a certificate of operation for an elevator under section 4105.15 of the Revised Code shall consist of the following:

(1) A completed application form designated by the superintendent of industrial compliance;

(2) A permit for the erection or repair of the elevator issued in conformity with section 4105.16 of the Revised Code;

(3) The fee for issuance of a certificate of operation in accordance with section 4105.17 of the Revised Code, the amount of which shall be as follows:

(a) The nonrefundable fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an elevator that is inspected twice every twelve months in accordance with division (A) of section 4105.10 of the Revised Code is two hundred ninety-five dollars plus sixteen dollars for each floor where the elevator stops, except where the elevator has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(b) The nonrefundable fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an elevator that is inspected at least once every twelve months in accordance with division (B) of section 4105.10 of the Revised Code is seventy-two dollars plus thirteen dollars for each floor where the elevator stops, except where the elevator has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(c) The nonrefundable fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an escalator or moving walk is three hundred ninety-five dollars, except where the escalator or moving walk has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(4) Evidence of having passed a final inspection before operation of an elevator as required by section 4105.16 of the Revised Code.

(C) A certificate of operation for an elevator shall be renewed, subject to denial as set forth in this rule, in accordance with the provisions of Chapter 4745. of the Revised Code, on or before a renewal expiration date for that certificate of operation for an elevator established by the superintendent of industrial compliance. The current certificate of operation shall be posted in the elevator or a copy shall be made available upon request.

(D) An application for a permit under section 4105.16 of the Revised Code for the erection, repair or removal to a different location of an elevator may be denied, suspended, or revoked, in accordance with Chapters 119. and 4105. of the Revised Code, for the following:

(1) Failure to submit a complete application as required by this rule;

(2) Failure to conform to the applicable standards for the construction, maintenance, and repair of elevators as established by the board of building standards under the authority granted in section 4105.011 of the Revised Code; or

(3) Falsification of any matter contained in the application.

(E) An application for a certificate of operation for an elevator may be denied, and a certificate of operation for an elevator may be suspended or revoked in accordance with Chapters 119. and 4105. of the Revised Code for the following:

(1) Failure to submit a complete application as required by this rule;

(2) Falsification of any matter contained in an application for the issuance or renewal of a certificate of operation for an elevator; or

(3) Failure to pass an inspection as required by Chapter 4105. of the Revised Code.

(F) The superintendent of industrial compliance may, upon written request by an applicant for a certificate of operation, issue a temporary certificate of operation for a period not to exceed ninety days. A temporary certificate of operation issued by the superintendent shall specify the terms and limitations on the use of the elevator under the temporary certificate.

(G) A permit issued for installation or alteration of an elevator shall automatically expire eighteen months from the date of issuance with no action taken from the elevator section unless the physical installation or alteration started before the end of the eighteenth month. One six-month permit extension may be granted upon a written request by the elevator owner, if the extension is requested prior to the permit expiration date. Upon expiration of a permit, a new application, new plans, pertinent data, and associated fees are required. Fees shall not be refunded for expired or canceled permits.

(H) An owner may take an elevator permanently out of service by completing each of the following:

(1) Disable the elevator as an "installation placed out of service," as described in the "Safety Code for Elevators and Escalators," ASME A17.1-2016, section 8.11.1.1.4 or the edition most recently adopted by the board of building standards.

(2) Within thirty days of disabling an elevator as an " installation placed out of service" according to paragraph (H)(1) of this rule, notification shall be sent to the elevator section of the date of completion on a form prescribed by the elevator section.

(3) The owner shall not return the elevator to service until the elevator has passed a reinspection by the elevator section.

Last updated December 30, 2021 at 8:31 AM

History

• Effective: December 30, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 4101:5-1-05 Adjudication order.

Before attempting to enforce, by any remedy, civil or criminal, the provisions with which the proposed or inspected elevator does not comply, the superintendent will issue an adjudication order in accordance with section 4105.11 of the Revised Code. The owner of the elevator specified therein may appeal to the board of building appeals under section 3781.19 of the Revised Code.

Last updated July 2, 2024 at 10:20 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4101:5-1-06 Examination for certificate of competency.

(A) No person may act, either as a general inspector or as a special inspector of elevators, unless that person holds a certificate of competency issued by the superintendent in accordance with rule 1301:3-6-02 of the Administrative Code.

(B) The written examination administered by the superintendent, prior to issuance of a certificate of competency, is the "Quality Elevator Inspectors (QEI) Examination."

Last updated July 2, 2024 at 10:20 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1301:3-6-02

(A) The application for a certificate of competency as an inspector of elevators specified in section 4105.02 of the Revised Code shall consist of the following:

(1) A completed application form designated by the superintendent of industrial compliance that contains the items listed in section 4105.02 of the Revised Code;

(2) An original letter or letters from one or more of the applicant's previous employers certifying as to his or her character and experience as specified in the second paragraph of section 4105.02 of the Revised Code; and

(3) An application fee of twenty-five dollars for special inspectors as established by the director of commerce in accordance with section 4105.17 of the Revised Code, which fee shall be nonrefundable.

(B) An application for a certificate of competency as an inspector of elevators may be denied, and a certificate of competency and a commission to serve as a special inspector of elevators may be suspended or revoked, in accordance with Chapters 119. and 4105. of the Revised Code for:

(1) Failure to meet the requirements of paragraph (A) of this rule;

(2) Malfeasance, misfeasance, nonfeasane, incompetence, or untrustworthiness of the applicant or holder thereof; or

(3) Falsification of any matter by a certificate holder or applicant before the division.

(C) A commission to serve as a special inspector of elevators shall be renewed, subject to denial as set forth in this rule, upon payment of a renewal fee of twenty-five dollars and demonstration of compliance with the renewal requirements for "Qualified Elevator Inspector" (QEI) certification under the authority of the American society of mechanical engineers in accordance with the provisions of Chapters 4105. and 4745. of the Revised Code on or before a renewal expiration date for that certificate of competency as an inspector of elevators established by the superintendent of industrial compliance.

(D) To maintain a certificate of competency, the general and special inspectors shall comply with each of the following continuing education requirements:

(1) Comply with the continuing education requirements as set forth in ASME QEI-1 2018: Standard for the Qualification of Elevator Inspectors, as well as maintaining a current QEI certification issued by a certifying agency.

(2) Provide evidence that the inspector has maintained knowledge of current local administrative or operating procedures necessary to discharge his or her duties by attending an annual meeting held by the elevator section.

Last updated July 2, 2021 at 2:59 PM

History

• Effective: July 2, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 4101:5-1-07 Assessment fee.

(A) In accordance with division (I) of section 4105.17 of the Revised Code, in addition to any fees assessed and collected directly from the owner or user for the inspection and issuance of a certificate of operation, the superintendent will collect, directly from the owner or user, a board assessed fee of three dollars and twenty-five cents for each certificate of operation or renewal thereof and for each inspection conducted.

(B) The three dollars and twenty-five cent assessment fee collected directly from the owner or user on behalf of the board is to be remitted to the board when deposited by the division of industrial compliance pursuant to section 121.084 of the Revised Code. The superintendent is to report to the board the amounts remitted not later than one month following the first full month's collection and then monthly thereafter.

Last updated July 2, 2024 at 10:20 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Chapter 4101:5-3 Accepted Engineering Practice and Approved Standards

Ohio Adm.Code 4101:5-3-01 Accepted engineering practice and approved standards.

Unless otherwise specifically provided for in rules 4101:1-30-01 or 4101:5-1-01 to 4101:5-3-02 of the Administrative Code, compliance with the applicable technical provisions and requirements of the standards listed in "Table 4101:5-3-01" of this rule is prima facie evidence of conformity with accepted engineering practice or with an approved standard governing the design, construction, repair, alteration and maintenance of elevators. Compliance with a more recently published edition of a standard listed in "Table 4101:5-3-01" of this rule is acceptable as meeting the minimum standard identified provided that compliance is demonstrated to the entire standard and the specific edition of that standard is identified on the approval record issued by the superintendent. Additionally, the specific editition of that standard is to be identified on the certificate of plan approval and the certificate of occupancy issued by the building official having jurisdiction pursuant to rule 4101:1-1-01 of the Administrative Code. Addenda subsequently issued by the promulgating agency in between published editions is not enforceable unless specifically adopted herein.

Table 4101:5-3-01

Last updated July 2, 2024 at 10:20 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4101:1-30-01

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

Last updated October 15, 2025 at 1:02 AM

History

• Effective: October 15, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 4101:5-1-01

This division of the Administrative Code applies to the design, construction, repair, alteration, and maintenance of:

(A) Passenger elevators;

(B) Freight elevators;

(C) Stage lifts;

(D) Dumbwaiters;

(E) Escalators;

(F) Moving walks;

(G) Belt Manlifts;

(H) Mine elevators;

(I) Wind turbine tower elevators

(J) Special service elevators and other lifting and lowering equipment as provided for by section 4105.01 of the Revised Code, but does not include the following:

(1) Conveyors and related equipment within the scope of "ANSI B20.1";

(2) Tiering or piling machines used to move material to and from storage and located and operating entirely within one story;

(3) Equipment for feeding or positioning materials at machine tools, printing presses, etc.;

(4) Hoists for raising or lowering materials and which are provided with unguided hooks, slings, and similar means for attachment to the materials;

(5) Skip or furnace hoists;

(6) Wharf ramps;

(7) Amusement devices, but does include elevators in observation towers, etc.;

(8) Lift bridges;

(9) Railroad car lifts or dumpers;

(10) Material hoists and material lifts;

(11) Workmen's hoists in place for the duration of the construction renovation or demolition of the project; and

(12) Elevators within individual dwelling units.

Last updated July 2, 2024 at 10:19 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4101:5-3-02

(A) In the event of conflict, the rules of the board of building standards adopted pursuant to section 3781.10 of the Revised Code and known as the "Ohio Building Code", the "Ohio Mechanical Code", and the "Ohio Plumbing Code" govern any rule or standards adopted by the board pursuant to division (A) of section 4105.011 of the Revised Code.

(B) The rules of the board are not to be retroactively applied to existing elevators that are not otherwise being altered or repaired. Portions of an elevator not altered and not affected by an alteration are not required to comply with the code requirements for a new elevator.

Last updated July 2, 2024 at 10:21 AM

History

• Effective: July 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4101:1-1-01

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

Last updated October 15, 2025 at 1:02 AM

History

• Effective: October 15, 2025
• Promulgated Under: 119.03