198B.400 Definitions for KRS 198B.410 to 198B.540. (Effective until July 1, 2011)
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<![CDATA[198B.400 Definitions for KRS 198B.410 to 198B.540. (Effective until July 1, 2011) As used in KRS 198B.410 to 198B.540, unless the context otherwise requires: <br>(1) "Elevator" means all the machinery, construction, apparatus, and equipment used in raising and lowering a car, cage, or platform vertically between permanent rails or <br>guides, and includes all elevators, power dumbwaiters, escalators, gravity elevators, <br>and other lifting or lowering apparatus permanently installed between rails or <br>guides, but does not include hand operated dumbwaiters, manlifts of the platform <br>type with a platform area not exceeding nine hundred square inches, construction <br>hoists, or other similar temporary lifting or lowering apparatus; (2) "Passenger elevator" means an elevator that is designed to carry persons to its contract capacity; (3) "Freight elevator" means an elevator used for carrying freight and on which only the operator, by the permission of the employer, is allowed to ride; (4) "General inspector" means a state inspector examined and hired to inspect elevators for the Department of Housing, Buildings and Construction; (5) "Special inspector" means an inspector examined and certified by the department to inspect elevators in the state; (6) "Inspector" means either a general or special inspector; <br>(7) "Department" means the Department of Housing, Buildings and Construction; <br>(8) "Certificate of operation" is a certificate issued by the department authorizing the operation of an elevator which must be conspicuously posted on the elevator at all <br>times; (9) "Escalator" means a moving stairway consisting of steps attached to a continuously circulating belt that is used to move persons from one (1) level to another; (10) "Moving sidewalk" means horizontal flat panels attached to a continuously circulating belt used to move people; and (11) "Fixed guideway system" means any nonrail system, funicular, or automated people mover, either air-suspended or wheeled, that is not regulated by the Federal Transit <br>Administration. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 261, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 157, sec. 1, effective July 12, 2006. -- Amended 1980 Ky. Acts <br>ch. 295, sec. 85, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 232, sec. 3; <br>and ch. 299, sec. 77. -- Created 1974 Ky. Acts ch. 239, sec. 1. Formerly codified as KRS 336.510. 198B.400 Definitions for KRS 198B.410 to 198B.540. (Effective July 1, 2011) <br>As used in KRS 198B.410 to 198B.540, unless the context otherwise requires: <br>(1) "Elevator" means all the machinery, construction, apparatus, and equipment used in raising and lowering a car, cage, or platform vertically between permanent rails or <br>guides, and includes all elevators, power dumbwaiters, escalators, gravity elevators, <br>and other lifting or lowering apparatus permanently installed between rails or <br>guides, but does not include hand operated dumbwaiters, manlifts of the platform type with a platform area not exceeding nine hundred square inches, construction <br>hoists, or other similar temporary lifting or lowering apparatus; (2) "Passenger elevator" means an elevator that is designed to carry persons to its contract capacity; (3) "Freight elevator" means an elevator used for carrying freight and on which only the operator, by the permission of the employer, is allowed to ride; (4) "General inspector" means a state inspector examined and hired to inspect elevators for the Department of Housing, Buildings and Construction; (5) "Special inspector" means an inspector examined and certified by the department to inspect elevators in the state; (6) "Inspector" means either a general or special inspector; <br>(7) "Department" means the Department of Housing, Buildings and Construction; <br>(8) "Certificate of operation" is a certificate issued by the department authorizing the operation of an elevator which must be conspicuously posted on the elevator at all <br>times; (9) "Escalator" means a moving stairway consisting of steps attached to a continuously circulating belt that is used to move persons from one (1) level to another; (10) "Moving sidewalk" means horizontal flat panels attached to a continuously circulating belt used to move people; (11) "Fixed guideway system" means any nonrail system, funicular, or automated people mover, either air-suspended or wheeled, that is not regulated by the Federal Transit <br>Administration; (12) "Mine elevator" means an elevator permanently installed in a mine shaft to provide vertical transportation of mine personnel, their tools, equipment, and mine supplies; (13) "Stage elevator" means a section of a stage arranged to be raised and lowered above and below the stage in a vertical direction; (14) "Orchestra elevator" means a platform used for raising and lowering musicians in an orchestra in a vertical direction; (15) "Organ console elevator" means a mechanism used for raising and lowering an organ console, including the organist, in a vertical direction; (16) "Material lift" means a hoisting and lowering mechanism equipped with a car that moves within a guide system installed at an angle of greater than seventy (70) <br>degrees from the horizontal, serving two (2) or more landings, for the purpose of <br>transporting materials that are manually or automatically loaded or unloaded. A <br>person shall not ride on a material lift; (17) "Committee" means the Elevator Advisory Committee; <br>(18) "Elevator contractor" means any sole proprietor, partnership, or corporation possessing an elevator contractor license issued by the department and who is <br>engaged in the business of erecting, constructing, installing, altering, servicing, <br>repairing, or maintaining elevators or fixed guideway systems; (19) "Elevator mechanic" means any person who: (a) Possesses an elevator mechanic license issued by the department; <br>(b) Is employed by an elevator contractor; and <br>(c) Is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or fixed guideway systems; (20) "Elevator helper" or "elevator apprentice" means any person who works under the general supervision of a licensed elevator mechanic. An elevator helper or elevator <br>apprentice is not subject to licensure; (21) "Commissioner" means the commissioner of the Department of Housing, Buildings and Construction; (22) "Direct and immediate supervision" means that the licensed supervising authority is on site. The supervisor is not required to have actual or direct sight of the person <br>being directly supervised; and (23) "General supervision" means that the supervising authority oversees the work performed overall but is not required to be on-site at all times during work relating <br>to elevators or fixed guideway systems. Effective: July 1, 2011 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 261, effective July 15, 2010; and ch. 116, sec. 19, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 1, effective <br>July 12, 2006. -- Amended 1980 Ky. Acts ch. 295, sec. 85, effective July 15, 1980. -- <br>Amended 1976 Ky. Acts ch. 232, sec. 3; and ch. 299, sec. 77. -- Created 1974 Ky. <br>Acts ch. 239, sec. 1. Formerly codified as KRS 336.510. <br>Legislative Research Commission Note (7/1/2011). This section was amended by 2010 Ky. Acts chs. 24 and 116, which do not appear to be in conflict and have been <br>codified together. Legislative Research Commission Note (7/1/2011). 2010 Ky. Acts ch. 116, sec. 39, provides that "KRS 198B.400 to 198B.540 shall be known and may be cited as the <br>Kentucky Elevator Safety Act." Legislative Research Commission Note (7/1/2011). References to the "Office of Housing, Buildings and Construction" and the "executive director" of housing, <br>buildings and construction in this section, as amended by 2010 Ky. Acts ch. 116, sec. <br>19, have been changed in codification to the "Department of Housing, Buildings and <br>Construction" and the "commissioner" of housing, buildings and construction, <br>respectively, to reflect the reorganization of certain parts of the Executive Branch, as <br>set forth in Executive Order 2009-535 and confirmed by the General Assembly in <br>2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant <br>to 2010 Ky. Acts ch. 24, sec. 1938. ]]>