Rule-making notices
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15),
101.12,
101.13,
101.132, and
101.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to elevators, escalators, and lift devices.
The public hearing will be held as follows:
Wednesday, July 9, 2003 at 10:00 a.m.
Conference Room #125
Department of Revenue Building
2135 Rimrock Road
Madison, WI
Analysis of Proposed Rules
Overview
Under the statutes cited, the Department protects public health, safety, and welfare by promulgating fire prevention and construction requirements for public buildings and places of employment, including commercial buildings and structures and multifamily dwellings. The Department is also responsible for creating design and construction requirements for mechanical devices, such as elevators, escalators and platform lifts, to ensure the safety of employees and frequenters in public buildings and places of employment who use these devices.
Currently, the Department adopts by reference the 1996 edition of the ASME A17.1- Safety Code for Elevators and Escalators, which included requirements for platform lifts and stairway chairlifts. In 1999, the ASME A18.1-Safety Standard for Platform Lifts and Stairway Chairlifts was developed as a separate document from the ASME A17.1 standard. The ASME A17.1-2000 edition and the ASME A18.1a-2001 edition are proposed to be adopted by reference in chapter Comm 18. Both of the national standards have been substantially revised and renumbered, which will necessitate chapter Comm 18 being completely rewritten and renumbered for consistency with the adopted standards.
Major Changes
The following are the major items contained in the revised chapter Comm 18, which incorporates by reference the ASME A17.1 and ASME A18.1a national standards:
1. Renumber chapter Comm 18 to correspond with the adopted standards numbering system. For example Comm 18.1708 relates to ASME A17.1 chapter 8, and Comm 18.1802 relates to ASME A18.1a chapter 2.
2. Add an application requirement that specifies which parts of the code apply to both new and existing installations. This requirement is consistent with ASME A17.1 section 1.1.3 and is being included as a Wisconsin based requirement in the administration and enforcement section of the code for clarity and consistency. [Comm 18.1003 (1) (b) 3.]
3. Include the same definition of “alteration" as used in the ASME A17.1 in Comm 18 for consistency. [Comm 18.1004 (1)]
4. Require owners to provide maintenance logs to inspectors upon request. [Comm 18.1008 (3)]
5. Add a statement to the requirements for incorporation by reference of ASME A17.1 and ASME A18.1a that indicates any internal cross-references within the adopted codes to another requirement that has been modified by chapter Comm 18, the modification will apply unless specifically stated otherwise. This will eliminate the need to repeat a modification that applies to more than one type of elevator, or platform lift. [Comm 18. Comm 18.1005 (1) and (2)]
6. Require that information layout plans also provide information as specified in the ASME A17.1 and ASME A18.1a standard. [Comm 18.1013]
7. Reformat the plan review requirements for alterations to elevators and other mechanical lifting devices to a tabular format. The tables are organized to indicate when plans and applications are required or when only applications are required. Changes include requirements for platform lift alterations. [Comm 18.1013 (2) and Tables Comm 18.1013-1 to 18.1013-7]
8. Clarify that an application submittal is required when the repair of speed governors or valves includes breaking the seal. [Comm 18.1013 (2) (b) and Table Comm 18.1013-4]
9. Require the refuge space on top of hydraulic elevators to be identified the same as specified for electric elevators. [Comm 18.1703 (1)]
10. Modify the requirements in ASME A17.1 section 8.6.5.8 that requires elevators with hydraulic cylinders installed below ground to be replaced or provided with safeties conforming to ASME A17.1 section 3.17.1. Currently, there are no known safeties that would comply with the requirements so the replacement of existing single bottom hydraulic cylinders would be required. The Department has modified the requirements in ASME A17.1 section 8.6.5.8 to apply to hydraulic elevators installed prior to January 1, 1975 and that have below ground cylinders, and to require these elevators to have an annual pressure test as specified in ASME A17.1 sections 8.11.3.2.1 and 8.11.3.2.2. If the pressure test, or the record of oil usage specified in ASME A17.1 section 8.6.5.7 indicates there is an unexplained loss of oil, the hydraulic cylinder will need to be replaced. [Comm 18.1708 (1) and ASME A17.1 sections 8.11.3.2.1 and 8.11.3.2.2]
11. Include the ASME A18.1a section 1.1.1 requirement that prohibits a full passenger enclosure for platform lifts. [Comm 18.1802 (1) (e) and (2) (b) 1.]
12. Prohibit vertical platform lifts where runway enclosures are not provided. Vertical platform lifts without runway enclosures would not comply with the protruding object requirements in IBC chapter 10 for elements located on an accessible route. [Comm 18.1802 (3)]
13. Require differences in elevation between the platform lift and the floor to be overcome with ramps complying with the building code. [Comm 18.1802 (4)]
14. Increase the maximum travel distance of a platform lift from 12 feet to 14 feet. [Comm 18.1802 (7) (d)]
15. Include accessibility control requirements for platform lifts, which were previously found in chapter Comm 18. [Comm 18.1802 (8) (a)]
16. Require that a means be provided to permit authorized personnel from a position outside of the vertical platform runway enclosure to raise or lower the platform manually in the event of a power failure, unless standby power is provided. [Comm 18.1802 (8) (d)]
17. Permit inclined platform lifts that have restraining arms and that also fold up against a wall to be used as part of an accessible route in existing construction. These types of lifts would only be permitted under certain conditions in new construction as specified in s.
Comm 62.1109 (7), and must not infringe into the minimum means of egress width required for the building occupants as specified in IBC chapter 10. These units will permit a minimum load capacity of 450 pounds, as opposed to the 750 pound minimum currently in the code. In the past, people with disabilities who use larger motorized chairs felt an increase in capacity was necessary. However, national codes and the Americans with Disabilities Act Accessibility Guidelines (ADAAG) permit these units with the minimum capacity of 450 pounds. The unit is restricted to travel between 2 consecutive floors and have a maximum of 3 stops, and a sign is required to specify the maximum weight capacity of the lift. [Comm 18.1803]
18. Add a requirement specifying that stairway chairlifts may not be used as an accessible route in public buildings and places of employment, since these units do not provide accessibility for people who use mobility aids, such as wheelchairs. Stairway chairlifts serve only a small number of people with disabilities and may not be considered where an accessible route is required. [Comm 18.1804 (1)]
19. Eliminate the Wisconsin-based requirement that vertical platform lifts may penetrate a floor, since the ASME A18.1a standard now permits vertical platform lifts to penetrate a floor. [ASME A18.1a section 2.1]
Council Members and Representation
The proposed rules were developed with the assistance of the Elevator Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Don Annen WI State Fire Chiefs Association, Inc.
Warren Bauer American Institute of Architects-WI Society
David Koch National Assn. of Elevator Contractors
Bruce Lammi WI Society of Professional Engineers
Steve Lex WI State AFL-CIO
Jeff Lund Waupaca Elevator Company
William Page Accessibility Equip. Manufacturers Assn.
David Rakowski Otis Elevator Company
John Zalewski National Elevator Industry, Inc.
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 25, 2003 , to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email
dmeredith@commerce.state.wi.us.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audiotape format will, to the fullest extent possible, be made available upon request by a person with a disability.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
All small businesses that have elevators, escalators, or lift devices will be affected by these rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Owners of buildings with elevators, escalators, or lift devices will be required to keep a log of the maintenance performed on their equipment, and to make this log available to inspectors.
Owners of hydraulic elevators installed prior to January 1, 1975 and that have below ground cylinders will be required to perform an annual pressure test or a static test to determine if there is an unexplained loss of oil. The average cost to perform these tests is $500 per elevator. If the tests show an unexplained loss of oil, the hydraulic cylinders will need to be replaced.
3. Types of professional skills necessary for compliance with the rules.
None known.
