Elevators and Lifts Act Regulations

c t ELEVATORS AND LIFTS ACT REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to December 26, 2015. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca PART I Elevators and Lifts Act Regulations Section 1 c ELEVATORS AND LIFTS ACT Chapter E-5 REGULATIONS Made by the Lieutenant Governor in Council under the Elevators and Lifts Act R.S.P.E.I. 1988, Cap. E-5: PART I 1. Definitions (1) In these regulations (a) “Act” means the Elevators and Lifts Act R.S.P.E.I. 1988, Cap. E-5; (b) “anti-rollback device” means a mechanical device installed on the prime mover of an incline lift to prevent the rope or cable from moving backwards when the power is removed from the rope or cable; (c) “attendant” means a person who is in charge of a loading or unloading station of an incline lift; (c.1) “chair ropeway” means a device with chairs attached to an overhead rope or cable used to transport passengers above a surface; (d) “closed type” when referring to handholds, means a cupshaped device in which the handgrip surface is available only in the direction of travel and is covered on the opposite run; (e) “Code” means the American Society of Mechanical Engineers and Canadian Standards Association standard ASME A17.1-2013/CSA B44-13, Safety Code for Elevators and Escalators, as amended; (f) “drive sheave” means a sheave that drives the main rope or cable on an elevating device; (g) “enforcing authority” means the Electrical and Elevator Inspection Division of the Department of Community and Cultural Affairs; (h) “existing installation” means an installation for which, prior to June 1, 1971 (i) all work of the installation was completed, or (ii) the plans and specifications were filed with the enforcing authority and work started not later than six months after the approval of the plans and specifications, but does not include an installation moved to a new location; c t Updated December 26, 2015 Page 3 PART II — CSA STANDARDS Section 2 Elevators and Lifts Act Regulations (i) “factor of safety” means the ultimate breaking strength of the material divided by the maximum design load; (j) “handhold” used in Part IV, means a device attached to the belt to assist a passenger in maintaining balance; (k) “installation” means a complete elevating device and includes its hoistway, hoistway enclosure and related construction and all machinery and equipment necessary for its operation; (l) “J. bar”, “T. bar”, or “platter pull” means a method of transportation that pulls a skier riding on his skis by means of an attachment to a main overhead rope or cable; (l.1) “lifts for persons with physical disabilities” means lifts that are specifically used by physically disabled persons travelling between fixed points of a building or structure; (m) “machine” means an apparatus for applying mechanical power to an elevating device; (n) “new installation” means any installation not classed as an existing installation; (o) “operator” means a person who operates an elevating device; (p) “rated speed” means the speed for which the elevating device is designed to operate; (q) “rope”, “wire rope” and “cable” used in Part VI are interchangeable, except for rope tows, where “rope” means a fibre or other rope manufactured for rope tows (r) “rope tow” means a type of transportation that pulls the skier riding on his skis while the skier manually grasps the endless rope; (s) “safety gate” means a device that automatically stops the rope tow, J bar, T bar or platter pull when actuated by a person’s weight or contact; (t) “step” or “platform” used in Part IV, means a passenger carrying unit; (u) “tow grippers” means straps, ropes or other devices used to fasten the passenger’s hand or body to the hauling rope of a rope tow; and (u.1) “Trades Qualification Certificate” means a certificate issued by the International Union of Elevator Constructors or an Elevator Technical Certificate issued by the National Association of Elevator Contractors. (v) revoked by EC495/08; (w) revoked by EC495/08. Application (2) Definitions listed in clause 1.3 of the Code apply to these regulations unless defined in subsection (1) or the Act. (EC469/71; 392/76; 283/80; 87/84; 665/86; 169/91; 285/93; 639/93; 500/96; 495/08; 777/15) PART II — CSA STANDARDS 2. Application of Code (1) Except as otherwise provided in these regulations, the standards governing the design, construction, installation, operation, inspection, testing, maintenance, alteration and repair of elevators, dumbwaiters, escalators and their hoistways are those set out in the Code. Exception (2) The requirements of section 8.6 of the Code respecting maintenance, repairs and replacement do not apply to elevators, dumbwaiters, escalators and moving walkways. Page 4 Updated December 26, 2015 t c PART III — GENERAL Elevators and Lifts Act Regulations Section 3 Idem (3) The requirements of subsection 8.11.1.1 of the Code respecting the qualifications of inspectors do not apply with respect to periodic inspection and testing of elevators, dumbwaiters, escalators and moving walkways under section 8.11 of the Code. CSA standard, ropeways (4) Except as otherwise provided in these regulations, the standards governing the design, manufacture, construction, modification, operation, inspection, testing and maintenance of chair ropeways, J bars, T bars, platter pulls and rope tows are those set out in CSA standard CSA Z98-14, Passenger Ropeways and Passenger Conveyors, as amended. CSA standard, lifts (5) Except as otherwise provided in these regulations, the standards governing the design, manufacture, construction, installation, operation, inspection, and testing of lifts for physically disabled persons are those set out in CSA standard CSA B355-15, Lifts for Persons with Physical Disabilities, as amended. CSA standard, elevators, etc. (6) Except as otherwise provided in these regulations, the standards governing the maintenance requirements and service intervals for elevators, dumbwaiters, escalators and moving walks are those set out in CSA standard CSA B44-04, Appendix J. CSA standard, wind turbines (7) Except as otherwise provided in these regulations, with respect to the standards governing the design, manufacture, construction, installation, operation, inspection and testing of elevating platforms in wind turbines, (a) the standards set out in CSA standard CAN/CSA Z271-10, Safety Code for Suspended Platforms, as amended, apply; and (b) section 5.11 of the Code does not apply. (EC469/71; 285/93; 500/96; 495/08; 495/08; 221/09; 777/15) PART III — GENERAL 3. Workmanship (1) In the installation of all the work governed by these regulations, special attention shall be paid to the mechanical execution of the work. Idem (2) Work badly arranged or poorly executed will not be approved. (EC469/71) 4. Exceptions (1) These regulations and the Code do not apply to (a) wharf ramps; (b) private residence elevators; (c) private residence incline lifts; and (d) private residence incline elevators; (e) special purpose personnel elevators; c t Updated December 26, 2015 Page 5 PART III — GENERAL Section 5 Elevators and Lifts Act Regulations (f) shipboard elevators; and (g) mine elevators. Deviations (2) Deviations from the requirements of these regulations in cases of practical difficulty or unnecessary hardship may be made only where it is evident that reasonable safety is assured and only with the written permission of the Chief Inspector. (EC469/71; 495/08) 5. Respirators Every elevator installed in a location where the possibility of the presence of noxious gases exists shall be provided with suitable respirators stored in containers in the car and readily available to passengers and they shall be checked periodically and checked or replaced after being used. (EC469/71) 6. Guards (1) Where a sheave or sheaves are installed in the car crosshead for the hoisting ropes, a proper guard shall be installed over and under these sheaves in order to prevent objects or persons from becoming entangled between the ropes and the sheaves. Idem (2) A proper guard shall be installed around all openings in the machine room floor to prevent objects from accidentally being dropped down the hoistway. (EC469/71) 7. Inspection and testing (1) After the completion of an installation, the elevating device including safety and electrical protective devices, shall be tested in the presence of an inspector to determine if they are functioning properly. Certificate of Inspection (2) A Certificate of Inspection for each installation must be issued before it is placed into service. (EC469/71) 8. Electrical equipment and wiring All electrical equipment and wiring shall conform to the requirements of the latest authorized edition of the Canadian Electrical Code Part I and any amendments, variations, additions or deletions made by the Lieutenant Governor in Council pursuant to the Electrical Inspection Act R.S.P.E.I. 1988, Cap. E-3. (EC469/71) 9. Installations (1) Before commencing a new installation the person making it shall deliver to the Chief Inspector not less than seventy-two hours before starting any work, other than excavation, written notification of the day he will so commence. Notification (2) When a person completes a new installation the person making it shall notify the Chief Inspector not less than seventy-two hours before the date on which an inspection is required. Page 6 Updated December 26, 2015 t c PART III — GENERAL Elevators and Lifts Act Regulations Section 9 Approval of Chief Inspector (3) Every installation or part thereof for which no specific provision is made in the Code or these regulations shall be subject to the approval of the Chief Inspector. (EC469/71) 9.1 Application for a contractor’s licence (1) A person who wishes to apply for a contractor’s license shall (a) submit a completed application to the Chief Inspector on a form approved by the Chief Inspector; (b) provide such proof of the matters referred to (i) in subsection (2), where the person is applying for a contractor’s license Class A, or (ii) in subsection (3), where the person is applying for a contractor’s license Class B and such other information as the Chief Inspector may require; and (c) pay the application fee of $300. Contractor’s license, Class A (2) The Minister may issue a contractor’s licence Class A to an applicant or to the employer of an applicant, on the approved form, if the Minister is satisfied that the applicant (a) holds a valid Trades Qualification Certificate as an elevator mechanic, or its equivalent, issued by (i) the government of a province or territory of Canada, (ii) the government of a state or territory of the United States of America, or (iii) a regulatory body acceptable to the Chief Inspector; (b) has at least two years experience in the installation of elevating devices using the ASME/CSA standard ASME A17.1-2013/CSA B44-13, Safety Code for Elevators and Escalators, as amended, CSA standard CSA Z98-14, Passenger Ropeways and Passenger Conveyors, as amended, and CSA standard CSA B355-15, Lifts for Persons with Physical Disabilities, as amended; or (c) holds a license issued by another province or territory of Canada that the Chief Inspector considers to be equivalent to a contractor’s license issued under these regulations. Contractor’s license, Class B (3) The Minister may issue a contractor’s licence Class B to an applicant or to the employer of an applicant, on the approved form, if the Minister is satisfied that the applicant is a Certified Accessibility Technician certified by the National Association of Elevator Contractors, and (a) has at least two years experience in the installation of lifts for persons with physical disabilities under CSA standard CSA B355-15, Lifts for Persons with Physical Disabilities, as amended, or (b) holds a license issued by another province or territory of Canada that the Chief Inspector considers to be equivalent to a contractor’s license issued under these regulations. Validity of license (4) A license issued under subsection (2) or (3) is valid for a period not exceeding 36 months from the date of its issuance, as shown on the license. c t Updated December 26, 2015 Page 7 PART III — GENERAL Section 9 Elevators and Lifts Act Regulations Contractor’s license, Class A (5) A person who has been issued a contractor’s license Class A is a licensed elevator mechanic authorized to work on all elevator and lifting devices under ASME/CSA standard ASME A17.1-2013/CSA B44-13, Safety Code for Elevators and Escalators, as amended, CSA standard CSA Z98-14, Passenger Ropeways and Passenger Conveyors, as amended, and CSA standard CSA B355-15, Lifts for Persons with Physical Disabilities, as amended. Contractor’s license, Class B (6) A person who has been issued a contractor’s license Class B is a Certified Accessibility Technician authorized to work on lifts for disabilities only under CSA standard CSA B355-15, Lifts for Persons with Physical Disabilities, as amended. (EC495/08; 777/15) 9.2 Application for an installer’s registration (1) A person who wishes to apply for an installer’s registration shall (a) submit a completed application to the Chief Inspector on a form approved by the Chief Inspector; (b) provide such proof of the matters referred to (i) in subsection (2), where the person is applying for an installer’s registration Level I, or (ii) in subsection (3), where the person is applying for an installer’s registration Level II and such other information as the Chief Inspector may require; and (c) pay the application fee of $60. Installer’s registration Level I (2) The Minister may issue an installer’s registration Level I to an applicant, on the approved form, if the Minister is satisfied that the applicant is the holder of (a) a valid Trades Qualification Certificate as an elevator mechanic, or its equivalent, issued by (i) the government of a province or territory of Canada, (ii) the government of a state or territory of the United States of America, or (iii) a regulatory body acceptable to the Chief Inspector; (b) a certification issued by the International Union of Elevator Constructors on the successful completion of the Canadian Elevator Industry Education Program; or (c) an Elevator Technician Certificate issued by the National Association of Elevator Contractors. Installer’s registration Level II (3) The Minister may issue an installer’s registration Level II to an applicant, on the approved form, if the Minister is satisfied that the applicant holds a valid Accessibility Technician certificate issued by the National Association of Elevator Contractors. Validity of registration (4) An installer’s registration issued under subsection (2) or (3) is valid for a period not exceeding 36 months from the date of its issuance, as shown on the registration. Page 8 Updated December 26, 2015 t c PARTS IV – X Elevators and Lifts Act Regulations Section 279 Installer’s registration Level I (5) A person who has been issued an installer’s registration Level I is authorized to work on all elevator and lifting devices. Installer’s registration Level II (6) A person who is issued an installer’s registration Level II is authorized to work on accessibility lifts only. Prohibition (7) No person who holds an installer’s registration Level I or an installer’s registration Level II shall install, construct, re-construct, maintain or alter an accessibility life or any elevating device unless the person is employed and under the direction of a Licensed Contractor. (EC495/08) 9.3 Fees The fees for an application for a license or registration issued under section 9.1 or 9.2 shall be made payable to the Provincial Treasurer. (EC495/08) 9.4 Suspension, revocation of license, registration The Minister may suspend or revoke a contractor’s license or an installer’s registration if the Minister is satisfied that one or more of the following conditions apply: (a) the holder of the license or registration has been convicted of two or more offences under the Act or these regulations; (b) the holder of the license or registration has obtained the license or registration through misrepresentation or fraud; (c) the holder of the license or registration has allowed another person to use the license or registration as if it were that other person’s license or registration. (EC495/08) PARTS IV – X (revoked by EC777/15) Sections 10.-278. Revoked by 777/15. (EC469/71; 777/15) PART XI — SUBMISSION OF DRAWINGS AND SPECIFICATIONS 279. New installations No person or company shall commence a new installation of an elevating device until the drawings and specifications thereof have been approved by the Electrical and Elevator Inspection Division of the Department of Community and Cultural Affairs. (EC469/71; 283/80; 87/84; 639/93) c t Updated December 26, 2015 Page 9 PART XI — SUBMISSION OF DRAWINGS AND SPECIFICATIONS Section 280 Elevators and Lifts Act Regulations 280. Submission of drawings The drawings and specifications and the Department of Community and Cultural Affairs specification forms shall be submitted in triplicate and shall furnish full information as to the size, composition and arrangement of the proposed new installation. NOTE: Specification sheets may be obtained from the Electrical and Elevator Inspection Division of the Department of Community and Cultural Affairs on request. (EC469/71; 283/80; 87/84; 639/93) 281. Approval If the proposed new installation complies with the regulations, the drawings and specifications thereof shall be stamped “Approved” by the Electrical and Elevator Inspection Division of the Department of Community and Cultural Affairs and one set returned to the person or company who submitted them. (EC469/71; 283/80; 87/84; 639/93) 282. Drawing The drawing submitted for approval shall (a) be clear prints, other than photostats; (b) be prepared in conformity with good draughting practices; and (c) have on their face or endorsed on them, a statement, signed in waterproof ink by the person submitting them, that the drawings are identical with all other corresponding drawings submitted with them. (EC469/71) 283. Details to be included The top sheet of each set of drawings shall set forth the following details: (a) the name and address of the owner of the building or premises where the new installation is to be made; (b) such information as will enable an Inspector conveniently to locate that building or premises; (c) the name and address of the contractor, if known at the time; (d) the name, address and qualifications of the person by whom the drawings were prepared; (e) indication as to whether passengers or freight, or both are to be lifted or lowered; and (f) the maximum capacity of the elevating devices. (EC469/71) 284. Specifications The specifications submitted that are not embodied on drawings shall bear on the first page thereof a statement, signed in ink by the person submitting them, that all sets of specifications submitted at the same time are identical. (EC469/71) 285. Further information The drawings shall have the required information as called for in sections 2.28 and 3.28 of the Code. (EC469/71; 169/91; 495/08) Page 10 Updated December 26, 2015 t c PART XII — FEES Elevators and Lifts Act Regulations Section 286 PART XII — FEES 286. Fees (1) Fees shall be payable as indicated for the following: (a) For the inspection of an elevator ................................................................................. $200 (b) For the inspection of a dumbwaiter .............................................................................. 110 (c) For the inspection of an escalator ................................................................................. 200 (d) For the inspection of a manlift ...................................................................................... 200 (e) For the inspection of an inclined lift other than a ski tow........................................... 200 (f) For the inspection of a chair or gondola lift ................................................................. 550 (g) For the inspection of a T-bar, J-bar or Platter Pull ...................................................... 195 (h) For the inspection of a rope-tow ................................................................................... 200 (i) For the inspection of a stage lift .................................................................................... 200 (j) For the inspection of a construction hoist .................................................................... 200 (k) For the inspection of elevating devices for handicapped persons .............................. 165 (l) For an initial inspection, per hour or any part thereof (minimum charge is $90) ....... 90 (m) For a special inspection, per hour or any part thereof (minimum charge is $90)........ 90 Idem (2) Fees are payable on the submission of drawings and specifications submitted for approval whether or not the same are approved, as follows: (a) For an elevator.............................................................................................................. $275 (b) For a dumbwaiter ........................................................................................................... 140 (c) For an escalator .............................................................................................................. 220 (d) For a manlift ................................................................................................................... 140 (e) For an inclined lift other than a ski tow........................................................................ 140 (f) For a chair or gondola lift .............................................................................................. 385 (g) For a T-bar, J-bar, or Platter Pull .................................................................................. 275 (h) For a rope-tow ................................................................................................................ 140 (i) For a stage lift ................................................................................................................. 140 (j) For a construction hoist ................................................................................................. 275 (k) For an elevating device for handicapped persons ........................................................ 140 Provincial Treasurer (3) All fees are payable to the Provincial Treasurer. (EC668/95; 637/04; 495/08; 529/09; 246/12) c t Updated December 26, 2015 Page 11