ORS Chapter 460
Chapter 460 — Elevators;Amusement Rides and Devices
2009 EDITION
ELEVATORS;AMUSEMENT RIDES AND DEVICES
PUBLICHEALTH AND SAFETY
ELEVATORS
460.005 Definitionsfor ORS 460.005 to 460.175
460.015 Shorttitle of ORS 460.005 to 460.175
460.024 Policy
460.035 Exemptionsfrom operation of ORS 460.005 to 460.175
460.045 Permits,licenses, certificates and authorizations required
460.047 Personsauthorized to conduct mechanical and electrical repairs in industrial plant
460.055 Elevatorpermits; examination of applicant for elevator inspector certificate; lapse ofcertificates; rules
460.057 Limitedmechanical license
460.059 Limitedapprentice license
460.061 Mechanicalwork on reciprocating conveyors; rules; fees
460.065 Expirationand renewal of permit or certificate; rules
460.075 Cancellation,suspension and revocation of permits, authorizations and certificates
460.085 Rules;granting of exceptions; fees
460.125 Periodicinspection of elevators and permits; action upon finding noncompliance
460.135 Entryon premises for inspection purposes
460.145 Restrainingviolations
460.155 Appealsfrom adverse rulings of department
460.165 Fees;failure to pay fee
460.175 Dispositionof fees
AMUSEMENTRIDES AND DEVICES
460.310 Definitionsfor ORS 460.310 to 460.370
460.320 Permitand insurance required; notice of termination of insurance; rules
460.330 Applicationfor and issuance of permit; fees; rules
460.340 Durationof permit
460.345 Expirationof permits
460.350 Enforcingcompliance with law
460.352 Groundsfor cancellation, suspension or revocation of permit
460.355 Rules;required standards of care; exemption of regulated or inspected rides ordevices
460.360 Rules;applicability of Administrative Procedures Act
460.370 Depositof fees
PENALTIES
460.990 Penalties
ELEVATORS
460.005Definitions for ORS 460.005 to 460.175. As used in ORS 460.005 to 460.175,unless the context requires otherwise:
(1)“Alteration” means a change or addition to equipment, other than the ordinaryrepair or replacement of an existing part of the equipment.
(2)“Certified elevator inspector” means an employee or representative of acasualty insurance company or companies who has passed the required examinationand has been issued a certificate of competency as an elevator inspector by theDepartment of Consumer and Business Services.
(3)“Elevator” means a hoisting and lowering mechanism equipped with a car orplatform that moves in guides, and that serves two or more landings, andincludes but is not limited to dumbwaiters, escalators, manlifts, platformhoists, vertical parking units for motor vehicles and moving walks.
(4)“Elevator contractor license” means an authorization issued by the departmentunder ORS 460.005 to 460.175 for the licensee to engage in the business ofinstalling, altering, repairing and maintaining elevators.
(5)“Installation permit” means a permit issued by the department for theinstallation, alteration or repair of an elevator.
(6)“Minimum safety standards” means safety standards provided by ORS 460.005 to460.175 or by rules adopted under ORS 460.005 to 460.175.
(7)“Moving walk” means a power-driven, horizontal or inclined, or combination,passenger-carrying device, in which the passenger-carrying surface remainsparallel to its direction of motion, and is uninterrupted.
(8)“Operating permit” means a permit issued by the department for the operation ofan elevator.
(9)“Platform hoist” means a hoisting and lowering mechanism equipped with an openplatform that moves in a substantially vertical direction and that travels alimited distance above or below a building floor or dock level.
(10)“Provisional operating permit” means a permit issued by the department on thebasis of a variance from the minimum safety standards under ORS 460.005 to460.175.
(11)“Temporary operation authorization” means an authorization issued by thedepartment to operate an elevator for a specified period pending the issuanceof an operating permit. [1961 c.427 §3; 1963 c.330 §1; 1971 c.753 §50; 1973c.528 §1; 1987 c.414 §31; 1993 c.744 §108; 2005 c.616 §1; 2005 c.758 §22; 2009c.696 §1]
460.010 [Repealed by1961 c.427 §22]
460.015Short title of ORS 460.005 to 460.175. ORS 460.005 to 460.175 may be cited asthe Elevator Safety Law. [1961 c.427 §1]
460.020 [Repealed by1957 c.398 §9]
460.024Policy.The purpose of ORS 460.005 to 460.175 is to protect the health and safety ofthe people of Oregon from the danger of unsafe elevators. To accomplish thispurpose the Legislative Assembly intends by ORS 460.005 to 460.175:
(1)To provide minimum safety standards for the installation, alteration, repairand maintenance of elevators to be operated in this state.
(2)To ensure compliance with minimum safety standards in installation, alteration,repair and maintenance of elevators to be operated within the state.
(3)To provide for the administration and enforcement of ORS 460.005 to 460.175 bythe Department of Consumer and Business Services.
(4)To provide for defraying the cost of administering and enforcing ORS 460.005 to460.175 by fees collected in connection with licensing, approval or rejectionof plans, inspections, processing reports and issuing of elevator installationpermits and operating permits. [1961 c.427 §2; 1971 c.753 §51; 1973 c.528 §2;2009 c.696 §2]
460.025 [1957 c.398 §§2,3;repealed by 1961 c.427 §22]
460.027 [1957 c.398 §4;repealed by 1961 c.427 §22]
460.030 [Amended by1955 c.138 §1; 1957 c.398 §5; 1957 c.465 §3; repealed by 1961 c.427 §22]
460.035Exemptions from operation of ORS 460.005 to 460.175. (1) Fees arenot required under ORS 460.005 to 460.175 to install, alter, repair, operate ormaintain an elevator:
(a)Under the supervision of the United States Government.
(b)That is a nonpower-driven lifting device.
(c)Located in a private residence, except for initial installation.
(2)The owner or user of an elevator described in subsection (1) of this sectionmay request that the Department of Consumer and Business Services inspect theelevator. If the department performs the inspection, the department,notwithstanding subsection (1) of this section, may collect the appropriate feefor performing the inspection.
(3)Pipes installed in an elevator hoistway prior to July 1, 1961, that do notconvey gases or liquids that would endanger life if discharged into thehoistway need not be removed.
(4)ORS 460.005 to 460.175 do not apply to:
(a)Belt, bucket, scoop, roller or similar type material conveyors.
(b)Hoists for raising or lowering materials and that are provided with unguidedhooks, slings and similar means for attachment to the materials.
(c)Material hoists used only to raise and lower building material in buildingsunder construction.
(d)Stackers that serve one floor only.
(e)Window-washing scaffolds.
(f)Nonpower-driven lifting devices.
(g)Amusement rides.
(h)Mine elevators.
(i)Elevators under the supervision of the United States Government.
(j)Elevators located in private residences, except for initial installationpermits and installation inspections.
(k)Other elevators and equipment as provided by the department by rule. [1961c.427 §4; 1963 c.330 §2; 1973 c.528 §3; 2001 c.104 §198; 2005 c.22 §339; 2005c.616 §2; 2009 c.696 §3]
460.040 [Amended by1955 c.138 §2; 1957 c.398 §6; 1957 c.465 §4; repealed by 1961 c.427 §22]
460.045Permits, licenses, certificates and authorizations required. A person maynot:
(1)Engage in the business of installation, alteration, repair or maintenance of anelevator without an elevator contractor license issued under ORS 460.005 to460.175 or 479.510 to 479.945.
(2)Install, alter, repair or maintain an elevator unless the person possesses avalid license issued under ORS 460.059 or 479.630 (6).
(3)Install, alter, or commence to install or alter, an elevator covered by ORS460.005 to 460.175 unless the Department of Consumer and Business Services hasissued an installation permit.
(4)Permit or suffer an elevator to be operated, without a valid temporaryoperation authorization or current operating permit, on property that theperson owns, controls, manages or supervises.
(5)Act or offer to act as a certified elevator inspector unless the person has acurrent certificate of competency as an elevator inspector issued by thedepartment.
(6)Place in service a new or altered elevator without a current operating permitissued after a satisfactory acceptance inspection made by the department andsatisfactory acceptance tests performed in the presence of a member of thedepartment’s staff of elevator inspectors.
(7)Place in service an elevator that has caused an injury to a person or personsunless permission has been obtained from the department. [1961 c.427 §5; 1973c.528 §4; 1999 c.1031 §4; 2005 c.616 §3; 2009 c.696 §4]
460.047Persons authorized to conduct mechanical and electrical repairs in industrialplant.Notwithstanding ORS 460.045 (2), the following persons may conduct electricaland mechanical repairs on an elevator located in an industrial plant:
(1)A limited supervising electrician licensed under ORS 479.630 (3).
(2)A limited journeyman electrician licensed under ORS 479.630 (5). [1999 c.1031 §8]
460.048 [1973 c.528 §6;repealed by 2009 c.696 §26]
460.050 [Amended by1957 c.398 §7; repealed by 1961 c.427 §22]
460.055Elevator permits; examination of applicant for elevator inspector certificate;lapse of certificates; rules. (1) The Department of Consumer andBusiness Services shall give its decision within a reasonable time, notexceeding 30 days:
(a)Approving or rejecting plans and pertinent data for proposed elevatorinstallations or alterations submitted for the department’s examination.
(b)Issuing or denying an installation permit.
(c)Issuing or denying a certificate of competency to applicants after examinationsfor the certificate have been taken.
(d)Issuing or denying operating permits for elevators inspected by a member of thedepartment’s staff of elevator inspectors or by a certified elevator inspector.
(2)Except as provided in subsection (3) of this section operating permits may notbe issued or renewed for elevators failing to meet minimum safety standards.
(3)A provisional operating permit may be issued for elevators whose safetystandards vary from the minimum safety standards, if in the opinion of the departmentno immediate hazard to health or safety exists. The department shall issue aprovisional operating permit for a specific period of time determined by thedepartment at the time the permit is granted. During the life of theprovisional operating permit, the elevator must be brought into compliance withthe safety standards found at variance at the time of the issuance of theprovisional permit.
(4)The department may adopt rules regarding installation permits and operatingpermits. The rules may include, but need not be limited to, rules for the useof standardized forms and terms and conditions for permit validity.
(5)The department shall issue a certificate of competency as an elevator inspectoronly to an individual who has passed an examination administered by thedepartment for that purpose and who is employed by the department or is arepresentative of a casualty insurance company or companies as an elevatorinspector. The examination shall:
(a)Include questions, the answers to which are confined to matters that will aidin determining the fitness and competency of the applicant for the intendedservice.
(b)Include a practical demonstration of manipulative skill directly related to theintended service, or the requirement of previous related experience in lieu ofa practical demonstration.
(c)Be maintained on file with the records of practical demonstrations for no lessthan three years and shall be produced by the department upon the request ofany court, or the Electrical and Elevator Board, or a person with a legitimateinterest.
(6)If for a period of more than two years after the person is issued a certificateof competency as an elevator inspector, a holder of the certificate is notemployed as an elevator inspector, the person is not entitled to renewal of thecertificate. The person may qualify for issuance of a new certificate in themanner provided for in subsection (5) of this section. [1961 c.427 §6; 1963c.330 §3; 1973 c.528 §7; 2009 c.696 §5]
460.057Limited mechanical license. The Department of Consumer and Business Servicesmay issue a special limited license to a person who can document to thesatisfaction of the department that the person possesses sufficient workexperience in the mechanical aspects of elevator installation, alteration,maintenance and repair acquired prior to October 23, 1999. In addition to anyother conditions or limitations imposed by department rule on the scope of workthat may be performed under the license, the license shall limit the person to performingmechanical installation, alteration, maintenance and repair on elevators. [1999c.1031 §7; 2005 c.758 §23]
460.059Limited apprentice license. The Department of Consumer and Business Servicesmay issue a special limited license to a person engaged in an approvedapprenticeship program that allows the person to engage in the installation,alteration, maintenance and repair of elevators. The department, afterconsultation with the Electrical and Elevator Board, shall establish conditionsand the specific scope of work that may be performed by a person licensed underthis section. [1999 c.1031 §6; 2005 c.758 §24]
460.060 [Amended by1957 c.398 §8; repealed by 1961 c.427 §22]
460.061Mechanical work on reciprocating conveyors; rules; fees. (1) As used inthis section, “reciprocating conveyor” means a self-contained, power-drivenstationary device that moves objects on a platform equipped with safety guards,or that moves individuals on a motorized chair, along a predeterminedhorizontal, inclined or vertical path between loading and discharge points.
(2)The Department of Consumer and Business Services may adopt rules establishing areciprocating conveyor mechanic license and a restricted reciprocating conveyormechanic license that allow the holder to install, alter, repair and maintainthe mechanical portions of reciprocating conveyors.
(3)If the department adopts rules under this section, the rules shall include, butneed not be limited to, rules that establish:
(a)Subject to subsection (4) of this section, the type of work experience andtraining required to qualify for a reciprocating conveyor mechanic license orrestricted reciprocating conveyor mechanic license;
(b)Supervision and oversight requirements for reciprocating conveyor mechanics orrestricted reciprocating conveyor mechanics; and
(c)Procedures for administering and enforcing this section and the rules adoptedunder this section.
(4)An applicant for a reciprocating conveyor mechanic license must demonstrate3,000 hours of work experience in the installation, alteration, repair andmaintenance of reciprocating conveyors or of other forms of elevatorsidentified by the department by rule.
(5)ORS 460.045 (2) does not apply to a reciprocating conveyor mechanic orrestricted reciprocating conveyor mechanic engaged in installing, altering,repairing or maintaining the mechanical portions of a reciprocating conveyor.
(6)Department rules adopted under this section may not prohibit a person who holdsa license issued under ORS 460.057, 460.059 or 479.630 (6) from installing,altering, repairing or maintaining reciprocating conveyors or prohibit alimited journeyman electrician licensed under ORS 479.630 (5) from repairing ormaintaining a reciprocating conveyor located in an industrial plant.
(7)Notwithstanding ORS 460.045 (2), a person is exempt from any licensingrequirement established by rules adopted under this section or establishedunder ORS 460.057, 460.059 or 479.630 (6) when engaging in the installation,alteration, repair or maintenance of the mechanical portions of a reciprocatingconveyor that is located in a residence and designed for moving an individualon a motorized chair.
(8)(a)The fee for the issuance or renewal of a reciprocating conveyor mechaniclicense is $100 per year.
(b)The fee for the issuance or renewal of a restricted reciprocating conveyormechanic license is $50 for a three-year period. [2007 c.642 §2]
460.065Expiration and renewal of permit or certificate; rules. (1) A certifiedelevator inspector certificate of competency expires on December 31 of the yearin which the certificate is issued or on a date established by rule of theDepartment of Consumer and Business Services.
(2)An elevator installation permit or operating permit expires on a dateestablished by department rule.
(3)Except as provided in ORS 460.055, a holder of a valid elevator inspectorcertificate of competency or elevator operating permit who has complied withORS 460.005 to 460.175 and the rules adopted under ORS 460.085 (1) is entitledto renewal at the expiration of the certificate or permit. [1961 c.427 §§7,8;1973 c.528 §8; 2005 c.616 §4; 2005 c.758 §25a; 2007 c.768 §5; 2009 c.696 §6]
460.070 [Formerly651.180; repealed by 1961 c.427 §22]
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