68-121-106 - Schedule for inspecting and testing of elevators, dumbwaiters and escalators Report of inspections Failure to file report.
68-121-106. Schedule for inspecting and testing of elevators, dumbwaiters and escalators Report of inspections Failure to file report.
All new, altered and existing elevators, dumbwaiters and escalators, except dormant elevators, dumbwaiters and escalators, shall be tested and inspected in accordance with the following schedule:
(1) (A) Initial Inspection Test of New or Altered Installations. Every new or altered elevator, dumbwaiter and escalator shall be inspected and tested in conformity with the applicable rules and regulations adopted by the board before the operating permit, required by § 68-121-107, is issued. The inspections and tests shall be made under the supervision of an elevator inspector licensed and employed by the state.
(B) For each acceptance inspection and report made pursuant to subdivision (1)(A):
(i) The installer of an elevator, dumbwaiter, escalator or moving walk shall pay directly to the department or its authorized representative an inspection fee not to exceed one hundred dollars ($100);
(ii) The installer of an aerial passenger tramway shall pay directly to the department or its authorized representative an inspection fee not to exceed two hundred dollars ($200);
(2) Initial Inspection of Existing Elevators, Dumbwaiters and Escalators. The owner or lessee of every existing passenger elevator or escalator shall cause it to be inspected within three (3) months, and the owner or lessee of every existing freight elevator or dumbwaiter shall cause it to be inspected within six (6) months after the effective date of the rules and regulations adopted by the board under § 68-121-103, except that the commissioner may, at the commissioner's discretion, extend the time specified in this subdivision (2) for making such inspections;
(3) Periodic Inspections. The owner or lessee shall cause an inspection of every passenger elevator, dumbwaiter, escalator and freight elevator to be made periodically every sixth calendar month, following the month in which the initial inspection required by subdivision (1) or (2) has been made; provided, that any such inspection of either a passenger elevator, dumbwaiter, escalator or freight elevator may be made within the first fifteen (15) days of the month following the calendar month during which such inspection is due. The inspections required by subdivisions (2) and (3) shall be made only by elevator inspectors who have been licensed in accordance with the provisions of § 68-121-110;
(4) Required Inspections. The inspections required by subdivisions (1)-(3) are required inspections;
(5) (A) Report of Inspections. A report of every required inspection shall be filed with the department by the inspector making the inspection on a form approved by the department within twenty (20) days after the inspection or test has been completed. For the inspections required by subdivisions (1)-(3), the report shall include all information required by the department to determine whether the elevator, dumbwaiter or escalator is in a safe operating condition and whether the owner or lessee of the elevator or escalator has complied with those rules and regulations adopted by the board under § 68-121-103 that are applicable.
(B) For the inspection required by subdivision (1), the report shall indicate whether the elevator, dumbwaiter or escalator has been installed in accordance with the permit issued by the department, and meets the requirements of the applicable rules and regulations adopted by the board under § 68-121-103;
(6) Failure to File Report of Inspection with Department. In the event that the report required by subdivision (5) is not filed with the department within twenty (20) days after the final date when the elevator, dumbwaiter, escalator or moving walk should have been inspected, as required by subdivisions (2) and (3), the commissioner shall designate a licensed inspector in the employ of the state to make the inspection and to report to the department. For each such inspection and report made at the direction of the commissioner, the owner or lessee of the elevator, dumbwaiter, escalator or moving walk shall pay to the department an inspection fee of a minimum of twenty-five dollars ($25.00) with a maximum of one hundred fifty dollars ($150), such fees to be charged as adopted by the board under § 68-121-103(a)(5). The fees shall be paid directly to the department, shall not be paid to the inspector and shall be the only fee for which the owner or lessee shall be liable under this chapter for the inspections required by subdivisions (2) and (3); and
(7) Additional Inspections. In addition to such required inspections, the commissioner may designate a licensed inspector in the employ of the state to make such additional inspections as may be required to enforce the provisions of this chapter and the rules and regulations adopted by the board under § 68-121-103.
[Acts 1951, ch. 235, § 5; 1953, ch. 229, § 2 (Williams, § 5379.13); 1957, ch. 255, § 3; 1976, ch. 410, § 1; 1977, ch. 61, § 1; 1982, ch. 562, §§ 1, 2; T.C.A. (orig. ed.), § 53-2606; Acts 1983, ch. 315, § 1; 1984, ch. 900, § 7; 1985, ch. 362, § 2; T.C.A., § 68-19-106; Acts 2009, ch. 405, §§ 1, 2.]