New Jersey § 52:27d-126f

§ 52:27d-126f.

a. As used in this section: “ Elevator device ” means a hoisting and lowering device equipped with a car or platform which moves

in guides for the transportation of individuals or freight in a substantially vertical

direction through successive floors or levels of a building or structure. The term includes, without limitation, elevators, dumbwaiters, wheelchair lifts,

manlifts, stairway chairlifts and any device within the scope of ASME A17.1 (Safety

Code for Elevators and Escalators) or ASME A90.1 (Safety Standard for Belt Manlifts),

except escalators and moving walks. It shall not include any conveyor devices that are process equipment. “ Qualified elevator device inspection firm ” means any entity, whether a sole proprietorship, partnership, association or corporation,

that is engaged in the business of inspecting, testing, installing, maintaining or

repairing elevator devices, or the business of inspecting and testing elevator devices,

is registered for those purposes with the Department of Community Affairs, and employs

at least one qualified elevator device inspector. “ Qualified elevator device inspector ” means any person who is employed by a qualified elevator device inspection firm

and who is licensed by the Department of Community Affairs to conduct the routine,

periodic and acceptance inspections and tests of elevator devices required pursuant

to the provisions of the “State Uniform Construction Code Act,” P.L.1975, c. 217 ( C.52:27D-119 et seq. ). b. No elevator devices which, under the provisions of the “State Uniform Construction

Code Act,“ P.L.1975, c. 217 ( C.52:27D-119 et seq. ), are subject to routine, periodic and acceptance inspections and tests by the local

enforcing agency or the Department of Community Affairs shall be subject to such inspections

and tests, nor shall the owner of the structure be charged any fees therefor, if those

elevator devices are subjected to acceptance testing and are routinely and periodically

inspected and tested by a qualified elevator device inspection firm, and the owner

has registered each such elevator device with the Department of Community Affairs

and has indicated in the registration application form, or in a supplement to that

form, the identity of the qualified elevator device inspection firm that has been

given responsibility for inspection and testing of the elevator device. The inspections and tests, including the frequency thereof, conducted by a qualified

elevator device inspector shall be in accordance with such rules and regulations as

the Commissioner of Community Affairs may prescribe pursuant to the “State Uniform

Construction Code Act,” P.L.1975, c. 217 ( C.52:27D-119 et seq. ) and subsection e. of this section. Acceptance testing and the five-year test shall be witnessed by the local enforcing

agency or the Department of Community Affairs in accordance with such rules and regulations

as the Commissioner of Community Affairs may prescribe pursuant to the “State Uniform

Construction Code Act,” P.L.1975, c. 217 ( C.52:27D-119 et seq. ) and subsection e. of this section. No qualified elevator device inspector shall act in that capacity when his work

on the elevator device is the work being inspected. c. If, upon inspection or test, a qualified elevator device inspector shall find that

an elevator device is in a dangerous condition, or if there is an immediate hazard

to persons riding on or using any such device, the inspector shall immediately prohibit

any further use of the device and shall so notify in writing the owner and the local

enforcing agency or Department of Community Affairs, as the case may be. The device shall remain out of service until such time as the inspector shall certify

in writing that the dangerous condition or immediate hazard has been removed or corrected

and that the device is safe for public use. If the local enforcing agency or the department shall determine, in response to

a complaint or otherwise, that an elevator device is in a dangerous condition or that

there is an immediate hazard to persons riding on or using that device, the local

enforcing agency or the department may require the owner of the elevator device to

make such repairs as may be necessary, or take other corrective action, within such

time as the local enforcing agency or the department, as the case may be, shall prescribe. d. Any qualified elevator device inspector or qualified elevator device inspection

firm violating the provisions of this section shall be subject to a penalty in accordance

with section 20 of P.L.1975, c. 217 ( C.52:27D-138 ) and shall also be subject to suspension or revocation by the Department of Community

Affairs of licensure or registration as a qualified elevator device inspector or qualified

elevator device inspection firm, as the case may be. e. The Commissioner of Community Affairs, in accordance with the provisions of the

“Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), shall promulgate rules and regulations to effectuate the purposes of this act. The rules and regulations shall provide for, but not be limited to, the qualifications

for licensing of qualified elevator device inspectors, the registration of qualified

elevator device inspection firms, the manner and form of licensure and registration,

the fee for each such license or registration, the manner in which test results pursuant

to this act are to be recorded, and minimum liability insurance requirements for qualified

elevator device inspection firms, for which proof thereof shall be provided by the

firms to the department. License and registration fees shall be designed to cover, but not exceed, the actual

costs the department shall incur in administering the provisions of this act. f. The Department of Community Affairs shall conduct a review and perform an analysis

of the impact on the safety record of elevator devices in this State as a result of

the implementation of this section. The review and analysis shall be performed biennially. A written report of the results of the review and analysis shall be submitted to

the Governor and the Legislature, with the first report submitted within 48 months

following the effective date of P.L.1997, c.336 ( C.52:27D-126f ).