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
ASME A17.8-2016/CSA B44.8-16
ASME A18.1 (2014), except Chapters 4, 5, 6, and 7
ANSI A117.1 (2017), except for requirement 407.4.7.1.2Operating permits shall be conspicuously displayed. Specifically, permits for elevators shall be posted in the car, and permits for escalators, dumbwaiters, wind tower lifts, moving walks, or wheelchair lifts shall be posted on or near the subject conveyance. IAC 71.7 (3).
Michigan:
The Michigan Department of Licensing and Regulatory Affairs, Elevator Division is responsible for the administration and enforcement of the Michigan Elevator Code by conducting inspections of elevator installations and alterations as well as annual safety inspections. The division also investigates elevator accidents and violations of the Michigan Elevator Code and assures proper elevator permits have been issued.
Michigan has adopted the following national standards:
ASME A17.1-2010, except for sections, 2.5.1.5.3, 2.8.3.3.2, 2.8.6, 2.11.1.3, 2.11.1.4, 2.11.7.2, 2.11.7.2.1, 2.11.7.2.2, 2.11.7.2.3, 2.11.7.2.4, 2.11.7.2.5, 2.14.2.2(f), 2.14.2.6, 2.14.5.8.2, 2.16.5.1.3, 2.22.2, 3.18.3.8.3, 3.19.5.2, 3.22.1.6, 5.3.1.1.1, 5.3.1.1.2, 5.3.1.2.1, 5.3.1.14.3, 5.4.10.2, 8.6.5.8, 8.6.11.5 to 8.6.11.5.6, 8.10.1.1.3, 8.11.1.1, 8.11.1.1.1, 8.11.1.1.2
ASME A17.7-2007, except for where the Michigan elevator rules make an exception to, addition to, or an amendment of, an ASME A17.1/CA B44 code section the Michigan elevator rules shall govern over the corresponding section in ASME A17.7/CSA B44.7 and must obtain department approval
ASME A18.1-2011, except for sections 2.1.2 to 2.1.2.8, 2.1.3 to 2.1.3.10, 3.10.2 to 3.10.2.4, 10.1.1, 10.1.2 to 10.1.2.3, 10.1.3.3, 10.1.4, and 10.2.1
ANSI A10.4-2007, except for sections 24.1.2.1 and 26.4.8.1
ASTM D 2667-2008, ‘Standard test method for biodegradability of alkylbenzene sulfonates’
ASTM E 648-2010, standard test method for critical radiant flux of floorcovering systems using a radiant heat energy source
ASTM E 648-2010, standard test method for critical radiant flux of floorcovering systems using a radiant heat energy source
ASTM F 714-2012, standard specification for polyethylene (PE) plastic pipe (SDR-PR) based on outside diameter’Michigan Elevator Rules, Elevator Safety Board:
Minnesota:
The Minnesota State Building Code governs the design, installation, alteration, repair, removal, operation and maintenance of various types of elevators and conveying equipment. This list includes but is not limited to passenger elevators, freight elevators and escalators.
Minnesota's elevator code consists of the following: Safety Codes for Elevators and Escalators. The ASME A17.1-2010 is for new and altered installations. This standard also covers maintenance and testing requirements for existing elevators.
The Safety Code for Existing Elevators and Escalators is the ASME A17.3-2011. The ASME A18.1-2011 is the Safety Standard for Platform Lifts and Stairway Chairlifts. The standard for Elevator and Escalator Electrical Equipment is the ASME A17.5-2011.
The Safety Standard for Belt Manlifts is the ASME A90.1-2009. Safety Standard for Conveyors and Related Equipment is the ASME B20.1-2009. Minnesota amendments to those documents are located in chapter 1307.
Minnesota Department of Labor and Industry, Elevator Laws and Rules:
Summary of factual data and analytical methodologies:
This rule was developed in consultation with the Wisconsin Conveyance Safety Code Council. The Conveyance Safety Code Council is authorized and created under s. 15.407 (14), Stats. The Council’s duties are outlined in s. 101.986, Stats., which states, “[t]he conveyance safety code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide conveyance safety code for promulgation by the department.” In accordance with s. 101.982, Stats., “[t]he rules shall be consistent, to the extent practicable, with national, industry-wide safety standards applicable to conveyances.” Beginning in November 2017, the Conveyance Safety Code Council met eight times to review recommended changes to ch. SPS 318 from stakeholders and the Division of Industry Services, consider adopting a new standard for orchestra pit lifts, and comprehensively review significant changes in the updated versions of the standards that are incorporated by reference in ch. SPS 318, including ASME A17.1-2016, ASME A18.1-2014, and ASME A18.1-2017. The Council also reviewed potential costs associated with updated conveyance safety requirements. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the rules may affect small businesses, local government units, and individuals.
Comments were received from one entity indicating that there may be increased costs for elevator owners. These comments were taken into consideration in the department’s analysis of the economic impact of the rules.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These rules do have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. and will be submitted to the Small Business Regulatory Review Board for a determination on whether the rules will have a significant economic impact on a substantial number of small businesses. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435.
