Chapter 2 - Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances

California Labor Code — §§ 7300-7324.2

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Sections (43)

Repealed and added by Stats. 2002, Ch. 1149, Sec. 3. Effective January 1, 2003.

The Legislature finds and declares all of the following:

(a)It is the purpose of this chapter to promote public safety awareness and to assure, to the extent feasible, the safety of the public and of workers with respect to conveyances covered by this chapter.

(b)The use of unsafe or defective conveyances imposes a substantial probability of serious and preventable injury to employees and the public. The prevention of these injuries and

protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Therefore, this chapter also establishes minimum standards for persons operating or maintaining conveyances covered by this chapter. These standards include familiarity with the operation and safety functions of the components and equipment, and documented training or experience or both, which shall include, but not be limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with all legal requirements.

(c)This chapter is not intended to prevent the division from implementing regulations, nor to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by the law, provided that there is technical documentation to demonstrate that the equivalency of the system,

method, or device, is at least as effective as that prescribed in ASME A17.1, ASME A17.3, ASME A18.1, or ASCE 21.

§ 7300.1

Amended by Stats. 2004, Ch. 503, Sec. 1. Effective January 1, 2005.

As used in this chapter:

(a)“ASCE 21” means the Automated People Mover Standards, as adopted by the American Society of Civil Engineers.

(b)“ASME A17.1” means the Safety Code for Elevators and Escalators, an American National Standard, as adopted by the American Society of Mechanical Engineers.

(c)“ASME A17.3” means the Safety Code for Existing Elevators and Escalators,

an American National Standard, as adopted by the American Society of Mechanical Engineers.

(d)“ASME A18.1” means the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard, as adopted by the American Society of Mechanical Engineers.

(e)“Automated people mover” has the same meaning as defined in ASCE 21.

(f)“Board” or “standards board” means the Occupational Safety and Health Standards Board.

(g)“Certified qualified conveyance company” means any person, firm, or corporation that (1) possesses a valid contractor’s license if required by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code and (2) is certified as a qualified conveyance company by the division in accordance with

this chapter.

(h)“Certified competent conveyance mechanic” means any person who has been determined by the division to have the qualifications and ability of a competent journey-level conveyance mechanic and is so certified by the division in accordance with this chapter.

(i)“Conveyance” means any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other equipment subject to this chapter.

(j)“Division” means the Division of Occupational Safety and Health.

(k)“Dormant elevator, dumbwaiter, or escalator” means an installation placed out of service as specified in ASME A17.1 and ASME A18.1.

(l)“Elevator” means an installation defined as an “elevator” in ASME A17.1.

(m)“Conveyance inspector” means any conveyance safety inspector of the division or other conveyance inspector determined by the division to be qualified pursuant to this chapter.

(n)“Escalator” means an installation defined as an “escalator” in ASME A17.1.

(o)“Existing installation” means an installation defined as an “installation, existing” in ASME A17.1.

(p)“Full maintenance service contract” means an agreement by a certified competent conveyance company and the person owning or having the custody, management, or control of the operation of the conveyance, if the agreement provides that the certified

competent conveyance company is responsible for effecting repairs necessary to the safe operation of the equipment and will provide services as frequently as is necessary, but no less often than monthly.

(q)“Material alteration” means an alteration as defined in ASME A17.1 or A18.1.

(r)“Moving walk” or “moving sidewalk” means an installation defined as a “moving walk” in ASME A17.1.

(s)“Permit” means a document issued by the division that indicates that the conveyance has had the required safety inspection and tests and fees have been paid as set forth in this chapter.

(t)“Temporary permit” means a document issued by the division which permits the use of a noncompliant conveyance by the general public for a limited time while minor repairs are being

completed or until permit fees are paid.

(u)“Repair” has the same meaning as defined in ASME A17.1 or A18.1. A “repair” does not require a permit.

(v)“Temporarily dormant elevator, dumbwaiter, or escalator” means a conveyance, the power supply of which has been disconnected by removing fuses and placing a padlock on the mainline disconnect switch in the “off” position. In the case of an elevator or dumbwaiter, the car shall be parked and the hoistway doors shall be in the closed and latched position. A wire seal shall be installed on the mainline disconnect switch by a conveyance inspector of the division. The wire seal and padlock shall not be removed for any purpose without permission from a conveyance inspector of the division. A temporarily dormant elevator, dumbwaiter, or escalator shall not be used again until it has been put in safe running order and is in condition for

use. Annual inspections by a conveyance inspector shall continue for the duration of the temporarily dormant status. Temporarily dormant status may be renewed annually, but shall not exceed five years. After each inspection, the conveyance inspector shall file a report with the chief of the division describing the current condition of the conveyance.

(w)The meanings of building transportation terms not otherwise defined in this section shall be as defined in the latest editions of ASME A17.1 and ASME A18.1.

§ 7300.2

Added by Stats. 2002, Ch. 1149, Sec. 5. Effective January 1, 2003.

Except as provided in Section 7300.3, this chapter covers the design, erection, construction, installation, material alteration, inspection, testing, maintenance, repair, service, and operation of the following conveyances and their associated parts and hoistways:

(a)Hoisting and lowering mechanisms equipped with a car or platform which move between two or more landings. This equipment includes, but is not limited to, the following:

(1)Elevators.

(2)Platform lifts and stairway chair lifts.

(b)Power-driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, the following:

(1)Escalators.

(2)Moving walks.

(c)Hoisting and lowering mechanisms equipped with a car which serve two or more landings and are restricted to the carrying of material by limited size or limited access to the car. This equipment includes, but is not limited to, the following:

(1)Dumbwaiters.

(2)Material lifts and dumbwaiters with automatic

transfer devices.

(d)Automatic guided transit vehicles on guideways with an exclusive right-of-way. This equipment includes, but is not limited to, automated people movers.

§ 7300.3

Amended by Stats. 2004, Ch. 503, Sec. 2. Effective January 1, 2005.

Equipment not covered by this chapter includes the following:

(a)Material hoists within the scope of standard A10.5 as adopted by the American National Standards Institute.

(b)Mobile scaffolds, towers, and platforms within the scope of standard A92 as adopted by the American National Standards Institute.

(c)Powered platforms and equipment for exterior and interior

maintenance within the scope of standard 120.1 as adopted by the American National Standards Institute.

(d)Cranes, derricks, hoists, hooks, jacks, and slings within the scope of standard B30 as adopted by the American Society of Mechanical Engineers.

(e)Industrial trucks within the scope of standard B56 as adopted by the American Society of Mechanical Engineers.

(f)Portable equipment, except for portable escalators that are covered by standard A17.1 as adopted by the American National Standards Institute.

(g)Tiering or piling machines used to move materials to and from storage located and operating entirely within one story.

(h)Equipment for feeding or positioning materials, including

that equipment used with machine tools or printing presses.

(i)Skip or furnace hoists.

(j)Wharf ramps.

(k)Railroad car lifts or dumpers.

(l)Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing a conveyance by a contractor licensed in this state.

§ 7300.4

Amended by Stats. 2004, Ch. 503, Sec. 3. Effective January 1, 2005.

This chapter does not apply to work that is not related to standards for conveyances that are (a) incorporated in codes promulgated by the American National Standards Institute or the American Society of Mechanical Engineers or (b) included in regulations of the division, in effect immediately prior to January 1, 2003, prescribing conveyance safety orders. Work exempted pursuant to this section includes, but is not limited to, routine nonmechanical maintenance, such as cleaning panels and changing light fixtures.

§ 7301

Amended by Stats. 2002, Ch. 1149, Sec. 8. Effective January 1, 2003.

No conveyance shall be operated in this state unless a permit for its operation is issued by or in behalf of the division, and unless the permit remains in effect and is kept posted conspicuously on the conveyance. Operation of a conveyance without a permit or failure to post the permit conspicuously shall constitute cause for the division to prohibit use of the conveyance, unless it can be shown that a request for issuance or renewal of a permit has been made and the request has not been acted upon by the division.

§ 7301.1

Amended by Stats. 2004, Ch. 503, Sec. 4. Effective January 1, 2005.

(a)On and after June 30, 2003, no conveyance may be erected, constructed, installed, or materially altered, as defined by regulation of the division, unless a permit has been obtained from the division before the work is commenced. A copy of the permit shall be kept at the construction site at all times while the work is in progress and shall be made available for inspection upon request. This section shall not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision

(a)of Section 7317.

(b)Before March 1, 2003, the division shall establish an application procedure and all requirements for a permit under this section, which shall include the following:

(1)At a minimum, the applicant for a permit under this section shall meet all of the following requirements:

(A)The applicant shall hold a current elevator contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.

(B)The applicant shall be a certified qualified conveyance company.

(C)The applicant shall submit proof of the following types of insurance coverage, in the form of certified copies of policies or certificates of

insurance:

(i)Liability insurance to provide general liability coverage of not less than one million dollars ($1,000,000) for the injury or death of any one person or persons in any one occurrence, with coverage of not less than five hundred thousand dollars ($500,000) for property damage in any one occurrence.

(ii) Workers’ compensation insurance coverage.

(D) In the event of any material alteration, nonrenewal, or cancellation of any insurance required by this subparagraph, the applicant or permitholder shall submit written notice thereof to the division within five working days.

(2)At a minimum, each application for a permit under this section shall include all of the following:

(A)Copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated, or altered; and all structural supporting members thereof, including foundations. The plans and specifications shall identify all materials to be employed and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(B)The name, residence, and business address of the applicant and each partner, or for a corporation, the principal officers and anyone who is authorized to accept service of process or official notices; the number of years the applicant has engaged in the business of constructing, erecting, installing, or altering conveyances; and the approximate number of persons to be

employed on the permitted job.

(C)The permit fee.

(3)The division shall establish, and may from time to time amend, a fee for a permit under this section in an amount sufficient to defray the division’s actual costs in administering the permit process, including the costs of investigation, revocation, or other associated costs. Permit fees collected by the division are nonrefundable.

(c)(1) The permit shall expire when the work authorized by that permit is not commenced within six months after the date of issuance, or within a shorter period as the division may specify at the time the permit is issued.

(2)The permit shall expire following commencement of work, if the permitholder suspends or abandons the work for a period of 60

days, or for a shorter period of time as the division may specify at the time the permit is issued.

(3)Upon application and for good cause shown, the division may extend a permit that would otherwise expire under this subdivision.

(d)The division may revoke any permit at any time, upon good cause, and after notice and an opportunity to be heard.

§ 7301.5

Amended by Stats. 2004, Ch. 503, Sec. 5. Effective January 1, 2005.

(a)The standards board shall adopt regulations pertaining to conveyances, including, but not limited to, conveyance emergency and signal devices, and the operation of conveyances under fire and other emergency conditions.

(b)Before January 1, 2003, the division shall establish an application procedure and all requirements for certification under this subdivision as an emergency certified competent conveyance mechanic. To ensure the safety of the public when a disaster or other

emergency exists within the state and the number of certified competent conveyance mechanics in the state is insufficient to cope with the emergency, any certified qualified conveyance company may, within five business days after commencing work requiring certified competent conveyance mechanics, apply to the division, on behalf of all persons performing the work who are not certified competent conveyance mechanics, for certification as emergency certified competent conveyance mechanics. Any person for whom emergency certification is sought under this subdivision shall be certified by a certified qualified conveyance company to have an acceptable combination of documented experience and education to perform work covered by this chapter without direct and immediate supervision. The certified qualified conveyance company shall furnish proof of competency as the division may require. The division shall issue an emergency certified competent conveyance mechanic certificate upon receipt of acceptable

documentation and payment of the required fee. Each certificate issued pursuant to this subdivision shall recite that it is valid for a period of 30 days from the date of issuance and for those particular conveyances and geographical areas as the division may designate, and otherwise shall entitle the person being certified to the rights and privileges of a certified competent conveyance mechanic as set forth in this chapter. The division shall renew an emergency certified competent conveyance mechanic certificate during the existence of the emergency.

(c)Before January 1, 2004, the division shall establish an application procedure and all requirements for certification under this subdivision as a temporary certified competent conveyance mechanic. If there are no certified qualified conveyance mechanics available to perform elevator work, a certified qualified conveyance company may apply to the division for certification of one or more

temporary certified competent conveyance mechanics. Any person seeking to work as a temporary certified competent conveyance mechanic shall, before beginning work, be approved by the division as having an acceptable combination of documented experience and education to perform work covered by this chapter without direct and immediate supervision. The certified qualified conveyance company shall furnish proof of competency as the division may require. The division may issue a temporary certified competent conveyance mechanic certificate upon acceptable documentation and payment of the required fee. Each certificate issued pursuant to this subdivision shall recite that it is valid for a period of 30 days from the date of issuance and while the certificate holder is employed by the certified qualified conveyance company that certified the individual as competent. The certificate shall be renewable as long as the shortage of certified competent conveyance mechanics continues.

§ 7302

Repealed and added by Stats. 2002, Ch. 1149, Sec. 12. Effective January 1, 2003.

The operation of a conveyance without a permit by any person owning or having the custody, management, or control of the operation of the conveyance, is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than 10 days, or by both that fine and imprisonment. Each day of operation for each conveyance without a permit is a separate offense. Any person who has requested the issuance or renewal of a permit if the request has not been acted upon by the division may not be prosecuted for a

violation of this section.

§ 7302.1

Added by Stats. 2002, Ch. 1149, Sec. 13. Effective January 1, 2003.

(a)Any person who contracts for or authorizes the erection, construction, installation, or material alteration of a conveyance without a permit in violation of Section 7301.1 is guilty of a misdemeanor punishable by a fine of not more than seventy thousand dollars ($70,000), imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

(b)Any employer or contractor who contracts for or engages in the erection, construction, installation, or

material alteration of a conveyance without a permit in violation of Section 7301.1 is guilty of a misdemeanor punishable by a fine of not more than seventy thousand dollars ($70,000), imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

§ 7302.2

Added by Stats. 2002, Ch. 1149, Sec. 14. Effective January 1, 2003.

The division may assess a civil penalty of not more than seventy thousand dollars ($70,000) against any person, and against any employer or contractor, who contracts for or authorizes the erection, construction, installation, or material alteration of a conveyance without a permit issued pursuant to Section 7301.1.

§ 7303

Amended by Stats. 2002, Ch. 1149, Sec. 15. Effective January 1, 2003.

(a)Whenever any conveyance is operated without a current valid permit issued pursuant to Section 7304, and is in a condition that its use is dangerous to the life or safety of any person, the division or any affected person may apply to the superior court of the county in which the conveyance is located for an injunction restraining the operation of the conveyance until the condition is corrected. Proof by certification of the division that a permit has not been issued, has expired, or has been revoked, together with the affidavit of any

safety inspector of the division or other expert that the operation of the conveyance is dangerous to the life or safety of any person, is sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order.

(b)No bond shall be required from the division as a prerequisite for the division to seek or obtain any restraining order under subdivision (a).

(c)Any person who intentionally violates any injunction prohibiting the operation of the conveyance issued pursuant to subdivision (a) shall be liable for a civil penalty, to be assessed by the division, not to exceed seven thousand dollars ($7,000) for each violation. Each day of operation for each conveyance is a separate violation.

§ 7304

Amended by Stats. 2004, Ch. 183, Sec. 265. Effective January 1, 2005.

(a)Except as provided in subdivision (b), the division shall cause all conveyances to be inspected at least once each year. If a conveyance is found upon inspection to be in a safe condition for operation, a permit for operation for not longer than one year shall be issued by the division.

(b)If a conveyance is subject to a full maintenance service contract, the division may, after investigation and inspection, issue a permit for operation for not longer than two

years.

§ 7305

Amended by Stats. 2002, Ch. 1149, Sec. 17. Effective January 1, 2003.

If inspection shows that a conveyance is in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to the conveyance that are necessary to render it safe, and may prohibit its operation or use until the repairs or alterations are made or the unsafe conditions are removed.

§ 7306

Amended by Stats. 2002, Ch. 1149, Sec. 18. Effective January 1, 2003.

Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in charge of the conveyance may appear and show cause why he or she should not comply with the order.

§ 7307

Amended by Stats. 2002, Ch. 1149, Sec. 19. Effective January 1, 2003.

(a)If it thereafter appears to the division that the conveyance is unsafe and that the requirements contained in the preliminary order should be complied with, or that other things should be done to make the conveyance safe, the division may order or confirm the withholding of the permit and may impose requirements as it deems proper for the repair or alteration of the conveyance or for the correction of the unsafe condition. The order may thereafter be reheard by the division or reviewed by the courts in the manner specified for safety

orders by Part 1 (commencing with Section 6300) of this division, and not otherwise.

(b)The operation of a conveyance by any person owning or having the custody, management, or control of the operation thereof, while an order to repair is outstanding pursuant to subdivision (a), is a misdemeanor punishable by a fine of not more than seven thousand dollars ($7,000), by imprisonment in the county jail for not more than 30 days, or by both that fine and imprisonment. Each day of operation for each conveyance without a permit is a separate offense.

§ 7308

Amended by Stats. 2002, Ch. 1149, Sec. 20. Effective January 1, 2003.

If the operation of a conveyance during the making of repairs or alterations is not immediately dangerous to the safety of persons, the division may issue a temporary permit for its operation for a period not to exceed 30 days during the making of repairs or alterations.

§ 7309

Amended by Stats. 1945, Ch. 1431.

The division may cause the inspection herein provided for to be made either by its safety inspectors or by any qualified elevator inspector employed by an insurance company.

§ 7309.1

Amended by Stats. 2004, Ch. 503, Sec. 6. Effective January 1, 2005.

(a)On and after June 30, 2003, no conveyance subject to this chapter shall be reinspected by any person unless the person is a conveyance inspector employed by the division or certified as qualified by the division.

(b)Before March 1, 2003, the division shall establish an application procedure and all requirements for the certification of conveyance inspectors. Each application for certification shall include information as the division may require and the applicable fee. At a

minimum, the applicant shall present proof of certification as a qualified conveyance inspector by the American Society of Mechanical Engineers or proof of education and experience equivalent to what is required to obtain that certification from the American Society of Mechanical Engineers.

§ 7310

Amended by Stats. 2004, Ch. 503, Sec. 7. Effective January 1, 2005.

The division may also issue its permit or a permit may be issued on its behalf based upon a certificate of inspection issued by a conveyance inspector of any municipality, upon proof to the satisfaction of the division that the safety requirements of the municipality are equal to the minimum safety requirements for conveyances adopted by the board.

§ 7311