DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY AND
DEPARTMENT OF SAFETY AND : PROFESSIONAL SERVICES
PROFESSIONAL SERVICES : ADOPTING RULES
: (CLEARINGHOUSE RULE 19-118)
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ORDER
An order of the Department of Safety and Professional Services to repeal SPS 305.003 (64) and (Note), (31) (Note), and (42) (Note), 305.10 (1) (b) 2. (Note), 305.125 (2) (a) (Note) and (3) and (Note), 305.31 (3) (a) 2. (Note) and (4) (a) (Note), (d), and (Note 1), 305.32 (4) (b) (Note), 305.323 (6) (g) (Note), 305.325 (4) (a) (Note 2), 305.327 (2) (b) (Note) and (4) (b) and (Note), 305.40 (Note), 305.405 (Note 1), 305.41 (1) (a) (Note) and (b) (Note 1) and (4) (c) and (Note), 305. 70 (4) (b) and (Note 1), 305.91 (4) (Note 1), 305.92 (4) (Note 1), 305.9905 (3) (a) 2. (Note) and (4) (d) (Note) and (e) and (Note), 305.991 (2) (a) (Note), 305.997 (6) (c) (Note), 305 Appendix, 318.1003 (3) (Note) and (4), 318.1004 (10) (a) (Note), (b) (Note), and (n) and (12) (Note), 318.1007 (1) (b) (Note), 318.1011 (3) and (8) (a) (Note), 318.1012 (1) (b) (Note), 318.1016 (2) (Note 1) and (Note 2) and (4), 318.1017 (Note), 318.1700 (1) (b), 318.1708, 318.1709 (1) (b), 318.1802 (5) (b), and 318.1810 (7) (Note); to renumber SPS 305.327 (4) (a), 305.70 (4) (a), 318.1003 (1) (d), 318.1004 (10) (a), 318.1700 (1) (a), 318.1702 (10) (b) 1. and (c), 318.1801 (2) (intro), (a), and (b), 318.1802 (2) (a) and (10) (a) and (b), and 318.1810 (7); to renumber and amend SPS 318.1701 (2), 318.1705 (3) (b), 318.1801 (2) (c), and 318.1802 (10) (intro) and (c); to consolidate, renumber, and amend SPS 318.1709 (1) (intro) and (a) and 318.1802 (5) (intro.) and (a); to amend Table SPS 305.06, line 39, SPS 305.40 (1) (intro), 305.405, 305.41 (1) (a) and (b), 305.91 (4), 305.92 (4), 305.991 (1) (a) (intro.) and (c), 305.997 (6) (c), 318.1003 (1) (b) 1. and (c) 1., 318.1004 (6), (7), and (10) (g), (i), and (L), 318.1005 (1) (intro), (a), and (b), 318.1007 (2) (c) 1. a. and (3) (title) and (a) (intro) and 1., Tables SPS 318.1007-1, 318.1007-2, 318.1007-3, and 318.1007-4, 318.1011 (8) (intro) and (c) 2. b. and 3., 318.1013 (2), 318.1701 (3), 318.1702 (10) (b) 3. a. and b., 318.1703 (1) (e) 2. b., 318.1801 (3) (a) and (b), 318.1802 (2) (b), (4) (a) and (b), and (9), and 318.1810 (4) and (5); to repeal and recreate SPS 318.1007 (2) (c) 1. a. (Note) and (3) (a) 1. (Note), 318.1011 (8) (b) (Note), and 318.1014 (Note 2); and to create SPS 318.1003 (1m) (title) and (d), 318.1004 (4m), SPS 318.1004 (10) (ag), SPS 318.1004 (10) (om), SPS 318.1004 (12e), (12m), and (12s), 318.1005 (1) (c), 318.1007 (2) (c) 3. b. (Note), 318.1008 (2) (e) 3., 318.1011 (7) (bm), 318.1018 and (Note), 318.1701 (2) (a), (b) and (Note), and (c) and (Note), 318.1702 (1) (bm) and (10) (b) 1g. and 4., and (c) 2., 318.1705 (3) (ag), (ar), (c) 5., (cg), (cn), (cr), (cw), and (e) (Note), 318.17081, 318.17086, 318.17087, 318.17089, 318.170810, 318.170811, 318.1802 (2) (ag), SPS 318.1802 (3m), 318.1810 (3) (a) 6. and (7) (a) (Note), (b), and (c), 318.1811, and SPS 318, subchapter VI; relating to the Wisconsin conveyance safety code.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 101.02 (15) (h) to (j), ch. 101, subch. VII, Elevators, Escalators, and Other Conveyances, Stats. Explanation of agency authority:
Section 101.981 (2), Stats., states that, “[t]he department shall promulgate rules establishing … definitions to the extent the department deems necessary for the proper administration and enforcement of this subchapter.” Section 101.982, Stats., states that, “[t]he department shall promulgate rules establishing standards for the safe installation and operation of conveyances. In promulgating rules under this section the department shall consider the recommendations of the conveyance safety code council under s. 101.986. The rules shall be consistent, to the extent practicable, with national, industry−wide safety standards applicable to conveyances.” Related statute or rule:
Chapter SPS 302, Fee Schedule; ch. SPS 303, Administrative Procedures; ch. SPS 316, Electrical; the Commercial Building Code, which consists of chs. SPS 361 to 366; and the Uniform Dwelling Code, which consists of chs. SPS 320 to 325. Plain language analysis:
The rules adopt ASME A17.1-2016, ASME A18.1-2017, and ANSI E1.42-2018. These standards will be reviewed by the Attorney General in accordance with s. 227.21 (2) (a), Stats. The order:
Includes an exemption from the application of ch. SPS 318 for buildings and structures that are on a farm premises, consistent with the Commercial Building Code, s. SPS 361.02 (3) (e).
Adds definitions for “type B material lift,” “electrical code,” “first-aid treatment,” “dumbwaiter,” “hoistway,” and “rated speed, up” and “rated speed, down.”
Imposes a plan approval expiration date of two years with an opportunity for an extension, consistent with chs. SPS 340, SPS 382, and SPS 361.
Requires that permits to operate be displayed in the conveyance car or in the machinery room, in accordance with s. 101.983 (2) (d), Stats.
Provides timelines for notifying complainants of receipt of the complaint, the decision to investigate the complaint, and when the investigation is concluded.
Provides additional requirements and exemptions for limited-use, limited-application (LULA) elevators, including: o
Exempting LULA elevators from an additional variance application if replacing the elevator with the same type in the same hoistway;o
Providing a standard for the floor strength above an occupiable area and below a hoistway; o
Requiring that ropes, chains, and other rotating parts outside of a hoistway be sufficiently enclosed to avoid injury; ando
Prohibiting easily defeatable locking devices for residential elevator hoistway door locks.
Allows the department to conduct a maximum of two billable construction use inspections in a 90-day period, unless the department finds probable cause for additional inspections.
Provides additional requirements and exemptions to ASME A17.1-2016, including:o
Expanding the ch. SPS 318 exemption from the ASME A17.1-2016 requirement that private residence elevators have 4-hour back up on telephones to include electric private residence elevators, and permits cellular phones to be used while the elevator is in travel. If no hard-wired telephone is installed, a sign informing riders that a telephone is required to ride the elevator must be posted;o
Requiring that maintenance control programs include a set of electrical wiring diagrams, written checkout procedures for two-way communications, and any plan approval letter, form and plans from the department;o
Requiring that relief valve verification of setting and system pressure testing and the hydraulic cylinders and pressure piping tests be completed on all hydraulic elevators, and clarifying that an elevator that fails such a test be removed from service until it conforms to the testing requirements;o
Requiring testing of auxiliary power systems when installed;o
Reducing unnecessary repairs of shortening the suspension means by requiring that the minimum counterweight runby be indicated on the data plate; o
Requiring door restrictors for new car door installations; ando
Limiting the application of the updated standards for alterations to rack-n-pinion and screw-column elevators to those altered portions.
Provides additional requirements and exemptions for maintenance, repair, replacement, testing, and inspections for lifts subject to ASME A18.1-2017, including:o
Requiring Category 1 tests for dumbwaiters be made at intervals of not longer than five years;o
Clarifying that Wisconsin does not regulate relocatable lifts;o
Clarifying the size of end entrance platforms to be consistent with what is available for installation in the market;o
Requiring routine inspections and tests for inclined stairway chairlifts be conducted every three years; o
Requiring that hydraulic control valves be tested; ando
Requiring a test tag to be readily visible to inspectors without disassembly.
Adopts ANSI E1.42-2018 to apply to orchestra pit lifts installed in the State of Wisconsin, which will provide more consistent application of standards for installation, testing, and maintenance.
Amends chs. SPS 305 and SPS 318 for consistency and clarity with current statutes and drafting standards.The updated Conveyance Safety Code adopts the updated national standards, in accordance with s. 101.982, Stats., while maintaining a balance of requirements for the health, safety, and welfare of the citizens of Wisconsin with the cost impact to owners and operators throughout the state. Summary of, and comparison with, existing or proposed federal regulation:
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. 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. Both 28 CFR 35 and 28 CFR 36 require public buildings and commercial facilities, including government-owned and operated buildings and facilities, to be designed, constructed, and altered in compliance with the accessibility construction regulations specified under the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). Chapter 4: Accessible Routes, sections 407 through 410, and Chapter 2: Scoping Requirements, section 206.6, provide standards relating to elevators and platform lifts. Wisconsin ensures commercial buildings meet federal accessibility requirements through its adoption of the International Building Code (IBC). Chapter 11 of the IBC addresses accessibility and incorporates ICC A117.1 as a secondary standard. The American National Standard: Accessible and Usable Buildings and Facilities (ICC A117.1), which is incorporated into 24 CFR 100 by reference, is the federal technical standard for the design of housing and other facilities that are accessible to persons with disabilities as referenced in the federal Fair Housing Act. Comparison with rules in adjacent states:
Illinois:
Illinois establishes statewide minimum standards for the regulating the installation, construction, operation, inspection, testing, maintenance, alteration, and repair of elevators, dumbwaiters, escalators, moving sidewalks, platform lifts, stairway chairlifts, and automated people movers, and by licensing personnel and businesses that work on these conveyances. The state has adopted the following standards:
Safety Code for Elevators and Escalators (ASME A17.1‑2013/CSA B44-2013) and Performance-Based Safety Code for Elevators and Escalators (ASME A17.7-2007/CSA B44.7-07)
Safety Code for Existing Elevators and Escalators (ASME A17.3‑2005), with some specified exceptions
Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1-2011)
Standard for the Qualification of Elevator Inspectors (ASME QEI‑1-2013)
Automated People Mover Standards (ANSI/ASCE/T&DI 21-13)Local regulation may exceed the statewide standards. The Certificate of Operation shall be displayed on or in each conveyance.
Iowa:
Iowa regulates the design, construction, installation, operation, inspection, testing, maintenance, alteration and repair of elevators, escalators, material lift elevators installed after August 10, 2016, dumbwaiters, wind tower lifts, construction personnel hoists, and other equipment governed by Iowa Code chapter 89A and Administrative Rules Chapters 71 to 73. The state has adopted the following standards for installations on or after May 16, 2018:
ASME A17.1-2016/CSA B44-16
ASME A17.7-2012/CSA B44.7-12
