Section 12-801 - Definitions.
§ 12-801. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 89, § 49C(a)(1) and the introductory phrase of § 49B(b).
It is restated in the standard introductory language to a definition section.
The reference to this "subtitle" is substituted for the former reference to this "section" to extend the applicability of the definitions not only to Part III of this subtitle, which revises former § 49C, but to the entire subtitle. No substantive change is intended.
(b) Board.- "Board" means the Elevator Safety Review Board.
Revisor's Note.
This subsection formerly was Art. 89, § 49C(a)(2).
No changes are made.
Defined Terms.
"Elevator" § 12-801
(c) Certificate.- "Certificate" means a certificate of registration and inspection issued by the Commissioner to operate an elevator unit.
Revisor's Note.
This subsection formerly was Art. 89, § 49B(b)(5).
The only changes are in style.
Defined Terms.
"Commissioner" § 12-801
"Elevator unit" § 12-801
(d) Commissioner.- "Commissioner" means the Commissioner of Labor and Industry or an authorized representative of the Commissioner of Labor and Industry.
Revisor's Note.
This subsection formerly was Art. 89, § 49B(b)(10).
The only changes are in style.
(e) Dumbwaiter.- "Dumbwaiter" means a hoisting and lowering machine equipped with a car of limited capacity and size that moves in guides in a substantially vertical direction and is used exclusively for carrying material.
Revisor's Note.
This subsection formerly was Art. 89, § 49B(b)(2).
The reference to a hoisting and lowering "machine" is substituted for the former reference to a "mechanism" for consistency with the definition of "elevator" in subsection (f) of this section.
The only other changes are in style.
(f) Elevator.- "Elevator" means a hoisting and lowering machine equipped with a car or platform that moves in guides in a substantially vertical direction and serves two or more floors of a building or structure.
Revisor's Note.
This subsection is new language derived without substantive change from the first clause of former Art. 89, § 49B(b)(1).
The reference to a hoisting "and" lowering machine is substituted for the former reference to a hoisting "or" lowering machine because an elevator hoists and lowers.
The second clause of former Art. 89, § 49B(b)(1), which referred to the term "elevator" as including "dumbwaiters, escalators, and moving walks", is deleted for clarity and accuracy. Throughout the former law, the phrase "elevators, dumbwaiters, escalators, and moving walks" was used if the provision applied to each of these devices. The former reference to the term "elevator" as including all these devices was therefore unnecessary. In addition, the former reference was potentially misleading because there were provisions in the former law that applied only to elevators, and the "includes" definition literally extended those provisions to dumbwaiters, escalators, and moving walks as well. In the revision, if a provision applies to elevators, dumbwaiters, escalators, and moving walks, the provision explicitly so states.
(g) Elevator contractor.- "Elevator contractor" means a person who is engaged in the business of erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator units.
Revisor's Note.
This subsection formerly was Art. 89, § 49C(a)(4).
The only changes are in style.
Defined Terms.
"Elevator unit" § 12-801
"Person" § 1-101
(h) Elevator mechanic.- "Elevator mechanic" means a person who is engaged in erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator units.
Revisor's Note.
This subsection formerly was Art. 89, § 49C(a)(5).
The only changes are in style.
Defined Terms.
"Elevator unit" § 12-801
"Person" § 1-101
(i) Elevator refinisher.- "Elevator refinisher" means a person who is engaged in the refinishing of existing metal and wood elements in elevator cabs, including the stripping of old lacquer on wood and bronze items, staining wood to match existing finishes, cleaning, polishing, oxidizing, painting, lacquering, and the removing of scratches to maintain existing finishes.
Special Revisor's Note.
Chapter 254, Acts of 2003, added this subsection.
Defined Terms.
"Elevator" § 12-801
"Person" § 1-101
(j) Elevator renovator contractor.- "Elevator renovator contractor" means a person who is engaged in the business of performing work:
(1) on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator's wall, ceiling, floor, rail, or handle; and
(2) that does not affect the elevator's moving operation.
Special Revisor's Note.
Chapter 254, Acts of 2003, added this subsection.
Defined Terms.
"Elevator" § 12-801
"Person" § 1-101
(k) Elevator renovator mechanic.- "Elevator renovator mechanic" means a person who performs work:
(1) on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator's wall, ceiling, floor, rail, or handle; and
(2) that does not affect the elevator's moving operation.
Special Revisor's Note.
Chapter 254, Acts of 2003, added this subsection.
Defined Terms.
"Elevator" § 12-801
"Person" § 1-101
(l) Elevator unit.- "Elevator unit" includes an elevator, escalator, dumbwaiter, and moving walk.
Special Revisor's Note.
Chapter 5, Acts of 2003, enacted this subsection as § 12-801(i), which was new language added to avoid repetition of the lengthy phrase "elevator, escalator, dumbwaiter, and moving walk". However, Ch. 254, Acts of 2003, renumbered this subsection to be § 12-801(l).
Defined Terms.
"Dumbwaiter" § 12-801
"Elevator" § 12-801
"Escalator" § 12-801
"Moving walk" § 12-801
(m) Escalator.- "Escalator" means a power driven, inclined, continuous stairway used for raising and lowering passengers.
Special Revisor's Note.
Chapter 5, Acts of 2003, enacted this subsection as § 12-801(j), which formerly was Art. 89, § 49B(b)(3). No changes were made by Ch. 5. However, Ch. 254, Acts of 2003, renumbered this subsection to be § 12-801(m).
(n) License.- "License" includes:
(1) an elevator contractor license;
(2) an elevator mechanic license;
(3) an elevator renovator contractor license; and
(4) an elevator renovator mechanic license.
Special Revisor's Note.
Chapter 5, Acts of 2003, enacted this subsection as § 12-801 (k), which formerly was Art. 89, § 49C(a)(6). The only changes made by Ch. 5 were in style. However, Ch. 254, Acts of 2003, renumbered this subsection to be § 12-801(n) and added items (3) and (4) of this subsection.
Defined Terms.
"Elevator contractor" § 12-801
"Elevator mechanic" § 12-801
"Elevator renovator contractor" § 12-801
"Elevator renovator mechanic" § 12-801
(o) Moving walk.- "Moving walk" means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted.
Special Revisor's Note.
Chapter 5, Acts of 2003, enacted this subsection as § 12-801(l), which formerly was Art. 89, § 49B(b)(4). No changes were made by Ch. 5. However, Ch. 254, Acts of 2003, renumbered this subsection to be § 12-801(o).
(p) Safety Code.- "Safety Code" means the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, known as ANSI A17.1 - 1971, and all subsequent amendments and revisions to it, as adopted by the Commissioner.
Special Revisor's Note.
Chapter 5, Acts of 2003, enacted this subsection as § 12-801(m), which was new language added as a shorthand way to avoid repetition of the longer reference "American National Standardmerican Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, known as ANSI A17.1 - 1971, and all subsequent amendments and revisions to it, as adopted by the Commissioner". However, Ch. 254, Acts of 2003, renumbered this subsection to be § 12-801(p).
Defined Terms.
"Commissioner" § 12-801
"Dumbwaiter" § 12-801
"Elevator" § 12-801
"Escalator" § 12-801
"Moving walk" § 12-801
(q) Secretary.- "Secretary" means the Secretary of Labor, Licensing, and Regulation.
Special Revisor's Note.
Chapter 5, Acts of 2003, enacted this subsection as § 12-801(n), which was new language added to avoid repetition of the full title "Secretary of Labor, Licensing, and Regulation". However, Ch. 254, Acts of 2003, renumbered this subsection to be § 12-801(q).
(r) Third-party qualified elevator inspector.- "Third-party qualified elevator inspector" means an inspector who:
(1) meets the qualifications, insurance requirements, and procedures established by the Commissioner; and
(2) is certified by an organization accredited by the American Society of Mechanical Engineers in accordance with the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, known as ANSI A17.1-1971, and all subsequent amendments, and any related consensus standards.
[An. Code 1957, art. 89, §§ 49B(b) (intro. lang.), (b)(1)-(5), (10), 49C(a)(1), (2), (4)-(6); 2003, ch. 5, § 2; ch. 254, § 2; 2006, ch. 39; 2007, ch. 408; 2009, ch. 145.]