89A.3 - RULES.

        89A.3  RULES.
         1.  The safety board may adopt rules governing maintenance,
      construction, alteration, and installation of conveyances, and the
      inspection and testing of new and existing installations as necessary
      to provide for the public safety, and to protect the public welfare.

         2.  The safety board shall adopt, amend, or repeal rules pursuant
      to chapter 17A as it deems necessary for the administration of this
      chapter, which shall include but not be limited to rules providing
      for:
         a.  Classifications of types of conveyances.
         b.  Maintenance, inspection, testing, and operation of the
      various classes of conveyances.
         c.  Construction of new conveyances.
         d.  Alteration of existing conveyances.
         e.  Minimum safety requirements for all existing conveyances.

         f.  Control or prevention of access to conveyances or dormant
      conveyances.
         g.  The reporting of accidents and injuries arising from the
      use of conveyances.
         h.  The adoption of procedures for the issuance of variances.

         i.  The amount of fees charged and collected for inspection,
      permits, and commissions.  Fees shall be set at an amount sufficient
      to cover costs as determined from consideration of the reasonable
      time required to conduct an inspection, reasonable hourly wages paid
      to inspectors, and reasonable transportation and similar expenses.
         j.  Submission of information such as plans, drawings, and
      measurements concerning new installations and alterations.
         3.  The safety board shall adopt rules for conveyances according
      to the applicable provisions of the American society of mechanical
      engineers safety codes for elevators and escalators, A17.1 and A17.3,
      as the safety board deems necessary.  In adopting rules the safety
      board may adopt the American society of mechanical engineers safety
      codes, or any part of the codes, by reference.
         4.  The safety board may adopt rules permitting existing passenger
      and freight elevators to be modified into material lift elevators.
         5.  A rule adopted pursuant to this section which adopts standards
      by reference to another publication shall be exempt from the
      requirements of section 17A.6, subsection 4, if the following
      conditions exist:
         a.  The cost of the publication is an unreasonable expense
      when compared to the anticipated usage of the publication.
         b.  A copy of the publication is available from an entity
      located within the state capitol complex.
         c.  The rule identifies the location where the publication is
      available.
         d.  The administrative rules coordinator approves the
      exemption.
         6.  The commissioner shall furnish copies of the rules adopted
      pursuant to this chapter to any person who requests them, without
      charge, or upon payment of a charge not to exceed the actual cost of
      printing of the rules.
         7.  The safety board may adopt rules permitting inclined or
      vertical wheelchair lifts in churches and houses of worship to
      service more than one floor.
         8.  The commissioner may adopt rules pursuant to chapter 17A
      relating to the denial, issuance, revocation, and suspension of
      special inspector commissions.  
         Section History: Early Form
         [C24, 27, 31, 35, 39, § 1678; C46, 50, 54, 58, 62, 66, 71, 73,
      § 104.1; C75, 77, 79, 81, § 104.3] 
         Section History: Recent Form
         84 Acts, ch 1094, § 2; 86 Acts, ch 1157, § 3
         C87, § 89A.3
         88 Acts, ch 1042, §4; 99 Acts, ch 68, §5, 6; 2004 Acts, ch 1107,
      §13--17, 30; 2007 Acts, ch 16, §4; 2009 Acts, ch 85, §2