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H.B. 219
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LABOR COMMISSION SAFETY AMENDMENTS
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gerry A. Adair
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AN ACT RELATING TO LABOR; AMENDING SCOPE OF REGULATION OF BOILERS
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AND PRESSURE VESSELS; PROVIDING FOR THE INSPECTION OF ELEVATORS AND
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ESCALATORS; ADOPTING A SAFETY CODE FOR ELEVATORS AND ESCALATORS;
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PROVIDING FOR RULEMAKING; PROVIDING ENFORCEMENT AND PENALTIES; AND
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MAKING TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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34A-7-101, as renumbered and amended by Chapter 375, Laws of Utah 1997
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ENACTS:
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34A-7-201, Utah Code Annotated 1953
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34A-7-202, Utah Code Annotated 1953
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34A-7-203, Utah Code Annotated 1953
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34A-7-204, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
34A-7-101
is amended to read:
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34A-7-101. Scope of chapter -- Exemptions.
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(1) Except as [otherwise] provided in [this section] Subsection (2), this part applies to [all
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boilers and pressure vessels] any boiler or pressure vessel used in:
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(a) industrial or manufacturing establishments[,];
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(b) business establishments[,];
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(c) sawmills[,];
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(d) construction jobs[,]; and [every]
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(e) any place where workers or the public may be exposed to risks from the operation of
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boilers or pressure vessels.
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(2) This part does not apply to:
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[(1) boilers] (a) a boiler or pressure vessel subject to inspection, control, or regulation
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under the terms of any law or regulation of the federal government or any of its agencies;
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[(2)] (b) an air [tanks] tank located on [vehicles] a vehicle used for transporting passengers
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or freight; or
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[(3) pressure vessels meeting the requirements of the Interstate Commerce Commission
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for shipment of liquids or gases under pressure; or]
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[(4)] (c) [boilers and pressure vessels which are] a boiler or pressure vessel that is
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excluded from the Boiler and Pressure Vessel Code published by the American Society of
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Mechanical Engineers.
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Section 2.
Section
34A-7-201
is enacted to read:
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Part 2. Elevator and Escalator Safety Act
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34A-7-201. Title.
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This part is known as the "Elevator and Escalator Safety Act."
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Section 3.
Section
34A-7-202
is enacted to read:
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34A-7-202. Definitions.
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As used in this part:
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(1) "Division" means the Division of Safety within the commission.
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(2) (a) "Elevator" means a hoisting and lowering mechanism:
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(i) equipped with a car or platform; and
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(ii) that moves in guides in a substantially vertical direction.
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(b) "Elevator" does not mean:
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(i) a device used for the sole purpose of elevating or lowering materials such as:
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(A) a dumbwaiter;
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(B) a conveyor; or
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(C) a chain, bucket, or construction hoist;
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(ii) a tiering, piling, feeding, or similar machine giving service within only one story;
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(iii) a portable platform;
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(iv) a stage lift;
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(v) a device installed in a single family dwelling;
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(vi) a device installed in a facility owned and operated by the federal government; or
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(vii) an amusement ride, as defined in Section
78-27-61
.
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(3) (a) "Escalator" means a stairway, moving walkway, or runway that is:
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(i) power-driven;
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(ii) continuous; and
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(iii) used to transport one or more individuals.
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(b) "Escalator" does not mean:
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(i) a device used for the sole purpose of elevating or lowering materials such as:
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(A) a dumbwaiter;
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(B) a conveyor; or
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(C) a chain, bucket, or construction hoist;
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(ii) a device installed in a single-family dwelling;
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(iii) a device installed in a facility owned and operated by the federal government; or
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(iv) an amusement ride, as defined in Section
78-27-61
.
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(4) "Owner or operator" means a person who owns, controls, or has the duty to control the
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operation of an elevator or escalator.
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(5) "Safety code" means the one or more codes adopted by the division in accordance with
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Subsection
34A-7-203
(6) to be used in inspecting elevators and escalators.
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Section 4.
Section
34A-7-203
is enacted to read:
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34A-7-203. Requirements for operating an elevator or escalators -- Inspection --
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Division duties.
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(1) An elevator or escalator may not operate in this state unless:
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(a) the owner or operator of the elevator or escalator obtains an inspection certificate under
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Subsection (3); and
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(b) the inspection certificate described in Subsection (1)(a) has not:
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(i) expired under Subsection (3); or
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(ii) been suspended under Section
34A-7-204
.
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(2) An elevator or escalator used or proposed to be used in this state shall be inspected as
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to its safety to operate in accordance with the safety code:
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(a) every two years; or
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(b) more frequently than every two years if the division determines that more frequent
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inspections are necessary.
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(3) (a) If upon inspection an elevator or escalator is safe to operate in accordance with the
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safety code, the inspector shall issue to the owner or operator an inspection certificate.
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(b) An inspection certificate issued under Subsection (3)(a) shall expire two years from
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the date the inspection certificate is issued.
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(4) An inspector employed by the division under this part shall at all times meet nationally
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recognized standards of qualifications for inspectors of elevators and escalators, as defined by rule
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by the division.
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(5) The owner or operator of an elevator or escalator that is used in the state shall pay to
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the commission a fee in amounts set by the commission pursuant to Section
63-38-3.2
:
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(a) for inspection; and
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(b) for an inspection certificate.
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(6) The division:
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(a) shall provide for the inspection of elevators and escalators in accordance with this
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section;
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(b) shall adopt by rule one or more nationally recognized standards or other safety codes
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to be used in inspecting elevators or escalators; and
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(c) may adopt amendments to the safety code adopted under Subsection (6)(b).
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Section 5.
Section
34A-7-204
is enacted to read:
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34A-7-204. Suspension of inspection certificates -- Violation of part -- Misdemeanor
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-- Injunction.
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(1) (a) The division may suspend an inspection certificate issued under Section
34A-7-203
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if it finds that the elevator or escalator for which the inspection certificate is issued does not meet
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the requirements of the safety code.
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(b) The suspension of an inspection certificate shall continue in effect until:
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(i) the elevator or escalator conforms to the safety code; and
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(ii) a new inspection certificate is issued.
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(2) It is a violation of this part and a class C misdemeanor to operate an elevator or
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escalator in this state if:
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(a) an inspection certificate for the elevator or escalator has not been issued;
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(b) (i) an inspection certificate for the elevator or escalator is suspended; and
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(ii) the requirements of Subsection (1)(b) are not met; or
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(c) the elevator or escalator is knowingly operated while constituting a safety hazard.
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(3) The division may bring a lawsuit in any court of this state to enjoin the operation of
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any elevator or escalator in violation of this part.
Legislative Review Note
as of 12-15-98 7:48 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.