Oklahoma § 59-3023 - Elevator Inspection Bureau - Adoption and promulgation of

§ 59-3023. Elevator Inspection Bureau - Adoption and promulgation of

rules – Inspections.

A. There is hereby established an Elevator Inspection Bureau in

the Department of Labor under the direction of the chief elevator

inspector, who shall be responsible to the Commissioner of Labor or

a duly authorized representative for the supervision, inspection,

alteration, installation, testing, and maintenance of elevators and

other such devices within the definitions of the Elevator Safety

Act.

The Elevator Inspection Bureau shall be furnished with

sufficient personnel, deputy inspectors, and clerical aids to

perform the assigned duties within the limits prescribed by the

Commissioner of Labor.

The chief elevator inspector and deputy inspectors, under the

supervision of the Commissioner of Labor, shall:

1. Take action necessary for the enforcement of the Elevator

Safety Act and these rules;

2. Make available upon request copies of the rules promulgated

by the agency; and

3. Issue, suspend or revoke for cause certificates, licenses,

and registrations as may be issued by the provisions of the Elevator

Safety Act, and administer other disciplinary actions as prescribed

in rules as promulgated by the Commissioner of Labor.

B. The Commissioner of Labor is authorized to adopt and

promulgate rules pursuant to the Administrative Procedures Act.

Definitions, rules, and regulations so adopted shall be based upon

and follow generally accepted national engineering standards,

formula, and practices. The Commissioner of Labor may adopt an

existing American national standard known as the Safety Code for

Elevators and Escalators of the American Society of Mechanical

Engineers (ASME).

C. Under the provisions of the Elevator Safety Act, the

Commissioner of Labor is responsible to provide rules for the safety

of life, limb, and property and therefore has jurisdiction over the

interpretation and application of the inspection requirements as

provided for in the rules. Inspection during construction and

installation shall certify as to the minimum requirements for safety

Oklahoma Statutes - Title 59. Professions and Occupations

as defined in the American Society of Mechanical Engineers Code or

other construction standards acceptable to the Commissioner of

Labor. Inspection requirements of operating equipment shall be in

accordance with generally accepted practice and compatible with the

actual service conditions such as:

1. History of previous experience, previous records of

inspection, performance, and maintenance;

2. Location, with respect to personnel hazard;

3. Quality of inspection and operating personnel;

4. Provisions for related safe operating controls; and

5. Interrelation with other operations outside the scope of the

Elevator Safety Act.

D. Inspections required by the Elevator Safety Act shall be

conducted by inspectors licensed by the Department of Labor.

E. Inspections conducted for the issuance of a certificate of

operation for new nonresidential installations shall be performed by

the Commissioner or his or her designee.

F. Periodic inspections shall be performed by:

1. A licensed third party inspector who at the time of

inspection possesses a valid elevator inspector's license issued by

the Department of Labor;

2. An elevator inspector employed by the liability insurance

company of record of the owner of the elevator or device who at the

time of inspection is in possession of a valid elevator inspector's

license issued by the Department of Labor; or

3. An elevator inspector employed by the Department of Labor.

G. Elevator Inspectors, not employed by the Department of

Labor, shall submit to the Commissioner of Labor, an insurance

policy or certified copy thereof, issued by an insurance company

authorized to do business in this state to provide general liability

coverage of a least One Million Dollars ($1,000,000.00) for injury

or death of any number of persons in any one occurrence, with the

coverage of at least Five Hundred Thousand Dollars ($500,000.00) for

property damage in any one occurrence and proof of workers'

compensation coverage.

H. Elevators, escalators, and other such devices within the

definitions of the Elevator Safety Act shall receive an inspection

for the purpose of obtaining a certificate of operation:

1. Two-floor to four-floor elevator units, not to exceed two

(2) years;

2. Any wire-rope elevator, regardless of floors, annually;

3. Escalators and moving walkways, annually;

4. Wheelchair lifts, triennially;

5. Temporary elevators shall be inspected at each erection and

every ninety (90) days or as the code requires; and

6. Any elevator or other such device subject to the provisions

of the Elevator Safety Act located in a structure whose occupants

Oklahoma Statutes - Title 59. Professions and Occupations

are mobility restricted, such as hospitals, nursing homes, and

residential care facilities, shall be inspected annually.

Added by Laws 2006, c. 207, § 4, eff. Nov. 1, 2006. Amended by Laws

2008, c. 312, § 17, eff. Nov. 1, 2008; Laws 2016, c. 93, § 9, eff.

Nov. 1, 2016; Laws 2018, c. 46, § 2, eff. Nov. 1, 2018.