Section 101.982 Stats., relating to the conveyance safety code, reads, in part, “the department shall promulgate rules establishing standards for the safe installation and operation of conveyances … The rules shall be consistent, to the extent practicable, with national, industry-wide safety standards applicable to conveyances. The rules shall require any testing of conveyances or related equipment required under the rules to be performed by an elevator mechanic licensed under s. 101.985 (2). The rules shall require any person who installs a new conveyance to give the owner of the building in which the conveyance is installed, before the conveyance is placed in operation, a written certification indicating that the installation complies with the rules promulgated under this section. The rules shall include an enforcement procedure and a procedure pursuant to which the department may grant a variance from the rules if the variance would not jeopardize public safety.” Section 101.985 (3) Stats., relating to licensing qualifications and procedure, reads, in part, “the department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.” Section 101.985 (5) (b) 2. Stats., relating to licensing qualifications and procedure, reads, “the department shall promulgate rules that establish the education requirements for purposes of subd. 1. [license renewal and continuing education requirements].” Section 101.986 Stats., relating to conveyance safety code council duties, reads, in part, “the council shall consider and make recommendations to the department pertaining to rules for the enforcement of this subchapter, the granting of variances, administrative appeal procedures, fees, and any other matter under this subchapter.” Section 101.988 Stats., relating to enforcement and penalties, states that the department may perform investigations, issue orders, and levy penalties “to aid in the enforcement of this subchapter and rules promulgated under this subchapter.” 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department estimates approximately 1000 hours will be needed to research, draft rules, and process the rules through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
6. List with description of all entities that may be affected by the proposed rule:
The proposed rules may affect any business or other entity involved with the ownership, design, construction, use, maintenance, alteration, or inspection of elevators, escalators, and lift devices.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Elevators and escalators at marine terminal facilities are subject to regulations under the Occupational Safety and Health Administration (OSHA) in 29 C.F.R. § 1979.116. The Department of Transportation and Department of Justice have Americans with Disabilities Act (ADA) compliance standards for all facilities, including public transportation facilities. Buildings built on federal property are legally exempt from state and local conveyance codes, however, the General Services Administration (GSA) has a policy that federal buildings comply with state and local building codes to the maximum extent practicable. Any rule changes that are advanced under this scope statement are not expected to infringe on these federal requirements. No other current or proposed federal regulations were found relating to this rulemaking. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The rule changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
Contact Person: Helen Leong, Administrative Rules Coordinator
Division of Policy Development, Department of Safety and Professional Services
