H. B. 2145
(By Delegate Yost)
[Introduced January 15, 2007; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §21-3C-1 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §21-3C-2a, all relating to defining
limited use residence elevators in public places; and
establishing guidelines for installing limited use residence
elevators.
Be it enacted by the Legislature of West Virginia:
That §21-3C-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §21-3C-2a, all to read as
follows:
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-1. Definitions.
(1) "Certificate of acceptance" means a certificate issued by
the Division of Labor certifying that a newly installed elevator has been inspected and was found to be installed in compliance with
the safety standards set forth in the American Society of
Mechanical Engineers Safety Code for Elevators and Escalators
(ASME) A17.1-3, "Safety Code for Elevators" and ASME A18.1, "Safety
Code for Platform Lifts and Stairway Chairlifts."
(2) "Certificate of competency" means a certificate issued by
the Division of Labor certifying that an individual is qualified to
inspect elevators.
(3) "Certificate of operation" means a certificate issued by
the Division of Labor certifying that an elevator has been
inspected and is safe for operation.
(4) "Division" means the Division of Labor.
(5) "Division inspector" means an employee or contractor of
the division who has been examined and issued a certificate of
competency and who only inspects elevators in state owned
buildings.
(6) "Elevator" means all the machinery, construction,
apparatus and equipment used in raising and lowering a car, cage or
platform vertically between permanent rails or guides and includes
all elevators, power dumbwaiters, escalators, gravity elevators and
other lifting or lowering apparatus permanently installed between
rails or guides, but does not include hand operated dumbwaiters,
manlifts of the platform type with a platform area not exceeding
nine hundred square inches, construction hoists or other similar temporary lifting or lowering apparatus.
(7) "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.
(8) "Inspector" means both a division inspector and a private
inspector.
(9) "Limited use residence elevator in public places" means an
elevator as set forth in the American Society of Mechanical
Engineers (ASME) Safety Code for Elevators and Escalators A17.1-5.3
"Safety Code for Elevators."
(9) (10) "Passenger elevator" means an elevator that is
designed to carry persons to its contract capacity.
(10) (11) "Private inspector" means a person who has been
examined and issued a certificate of competency to inspect
elevators within this state.
§21-3C-2a.
Installation of Limited Use Residence Elevators in
Public Places.
Due to their limited size, speed, load and travel a limited
use residence elevator, which is key operated, may be installed in
public places primarily for the convenience of elderly persons or
invalids who are limited in their ability to walk up or down
stairs. The key, which operates a limited use residential elevator
in public places, shall be under the control of the owner of the
property or that owner's designee where the public limited use residential elevator is located. In addition to the requirements
set forth in the ASME Safety Code for Elevators and Escalators
(17.1-5.3) "Safety Code for Elevators" the car enclosure shall have
a method of two-way communication between the car and each floor
served by the limited use residence elevator in a public place.
NOTE: The purpose of this bill is to define limited use
residence elevators in public places for elderly or invalids; and
establishing guidelines for installing limited use residence
elevators.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§21-3C-2a
is new; therefore, strike-throughs and underscoring
have been omitted.
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