DAR File No. 43164

Labor Commission, Boiler, Elevator and Coal Mine Safety

Section R616-3-4

Inspector Qualification

Notice of Proposed Rule

(Amendment)

DAR File No.: 43164
Filed: 08/24/2018 11:25:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for these changes is to define the nationally recognized standards of qualifications for inspectors of elevators and escalators which Utah will use. Additionally, these changes will allow the Boiler, Elevator and Coal Mine Safety Division (Division) to test new employees as soon as they are ready on all aspects of the national elevator/escalator standards which Utah has adopted and incorporated, as well as on the Utah Elevator and Escalator Safety Act, Section 34A-7-201 et seq. and the Utah Administrative Code relating to elevators (Rule R616-3 et seq.). This will allow the Division to certify State Elevator Inspectors in a more efficient manner and ensure that these inspectors are competently trained in all aspects relating to laws, rules, and codes which Utah has enacted, adopted, and incorporated.

Summary of the rule or change:

The current rule states that an elevator inspector must be certified as a Qualified Elevator Inspector (QEI) from a nationally accredited organization. This requirement severely hampers the effectiveness of the Division in that it requires each inspector to have performed or witnessed elevator inspections for at least one year before they can apply to take the national QEI examination which only tests on national elevator standards. Additionally, the national QEI test contains questions which are not relevant to Utah because the jurisdiction of the Division in Utah does not include inspection of residential elevators or elevators in federal buildings. These rule changes comply with Subsection 34A-7-203(4) and specifically defines the nationally recognized standards of qualifications for inspectors of elevators and escalators which Utah will use. This rule explains that an inspector must be certified by the Division, sets out the experience requirements to become a State Elevator Inspector, and also explains the subject matter of the examination required to be taken and the percentage which a person will be required to obtain in order to be pass the examination and be certified as a State Elevator Inspector.

Statutory or constitutional authorization for this rule:

• Section 34A-1-101 et seq.

Anticipated cost or savings to:

the state budget:

There will be no cost or savings to the state budget. These rule changes are for clarification purposes and will have not have any fiscal impact on the Division or the state of Utah.

local governments:

There will be no cost or savings to any local government. These rule changes are for clarification purposes and will not have any fiscal impact on local governments.

small businesses:

These will be no cost or savings to small businesses. These rule changes are for clarification purposes and will not have any fiscal impact on small businesses.

persons other than small businesses, businesses, or local governmental entities:

There will be no cost or savings to other persons with these changes. These rule changes are for clarification purposes only and will have no fiscal impact.

Compliance costs for affected persons:

There will be no cost or savings associated with these changes. These rule changes are for clarification purposes only and will have no fiscal impact.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no cost or savings associated with these changes. These rule changes are for clarification purposes only and will have no fiscal impact.

Jaceson Maughan, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Labor Commission
Boiler, Elevator and Coal Mine Safety
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Pete Hackford at the above address, by phone at 801-530-7605, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov
• Ami Windham at the above address, by phone at 801-530-6850, by FAX at 801-530-6871, or by Internet E-mail at awindham@utah.gov
• Christopher Hill at the above address, by phone at 801-530-6113, by FAX at 801-530-6390, or by Internet E-mail at chill@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2018

This rule may become effective on:

10/22/2018

Authorized by:

Jaceson Maughan, Commissioner

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There will be no fiscal impact to non-small businesses as the only elevator inspectors for the state of Utah are employed by the Division of Boiler, Elevator and Coal Mine Safety.

 

 

R616. Labor Commission, Boiler, Elevator and Coal Mine Safety.

R616-3. Elevator Rules.

R616-3-4. Inspector Qualification.

A. [Any person who performs elevator safety inspections must have a current certification as a Qualified Elevator Inspector from a nationally accredited organization.]Any person who performs elevator safety inspections must be a State Elevator Inspector certified by the Division.

B. A State Elevator Inspector is a person who meets the following nationally recognized standards of qualifications for inspectors of elevators and escalators:

(1) Has four or more years of verifiable documented education and experience in the mechanical and/or electrical aspects of the elevator industry and is a person deemed to meet the ASME A17.1 definition of "elevator personnel";

(2) Has two or more years of college courses in an elevator industry-related engineering field; or

(3) Meets the definition of "elevator personnel" in ASME A17.1 and has documented training as one of the following:

(i) an Elevator Inspector performing inspections for an enforcing authority;

(ii) an Elevator Inspector trainee working under the direct supervision of an Elevator Inspector performing inspections for an enforcing authority;

(iii) an Elevator Inspector performing inspections and licensed by or under the jurisdiction of an enforcing authority; or

(vi) an Elevator Inspector trainee licensed by or working under the direct supervision of a licensed Elevator Inspector performing inspections and working under the jurisdiction of an enforcing authority.

C. Prior to a person becoming certified as a State Elevator Inspector, a person must pass a state-issued examination with at least a 70% score which will test the person's knowledge and understanding of the Utah Elevator and Escalator Safety Act, Utah Code Ann. 34A-7-201 et seq.; the Utah Administrative Code sections relating to elevators, R616-3 et seq.; and the national code sections adopted and incorporated by Utah in R616-3-3.

 

KEY: elevators, certification, safety

Date of Enactment or Last Substantive Amendment: [ April 9, ]2018

Notice of Continuation: August 23, 2016

Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.