Tennessee § 68-121-107 - Operating permits.

§ 68-121-107. Operating permits.

It is unlawful to operate any elevator, dumbwaiter, or escalator without a valid operating permit issued in accordance with this section. If an inspection report indicates compliance with this chapter, the commissioner shall issue an operating permit to the owner or lessee of such elevator, dumbwaiter, or escalator; provided, that no permits shall be issued if the fees required by § 68-121-106 have not been paid. The operating permit shall be issued for the period covered by the inspection required by § 68-121-106(1) and (2), shall state the contract load and speed for such elevator, dumbwaiter or escalator, and shall be posted conspicuously in the car or cage or in the platform of the elevator and on or near the dumbwaiter or escalator. It shall be extended by endorsement of the commissioner or the commissioner's duly appointed agent after each periodic inspection required by § 68-121-106(3). If the inspection report required by § 68-121-106 indicates failure of compliance with applicable rules and regulations approved by the board under § 68-121-103, the commissioner shall give notice to the owner or lessee or the person or persons of changes necessary for compliance with the rules and regulations. After the changes have been made, the commissioner shall issue an operating permit. The fee to be charged for the operating permit issued under this chapter shall be adopted by the board pursuant to § 68-121-103(a)(5), and shall be in an amount sufficient to defray the cost of administering this chapter. The fee shall not exceed a maximum of one hundred dollars ($100). If the inspection report required by § 68-121-106 indicates that an elevator or escalator is in an unsafe condition, so that its continued operation may be dangerous to the public safety, then the commissioner may, at the commissioner's discretion, require the owner or lessee to discontinue the use of such elevator or escalator until it has been made safe and in conformity with the rules and regulations of the board. If the commissioner has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules and regulations adopted by the board under § 68-121-103, the commissioner shall so notify the owner or lessee and shall give notice of a date for a hearing on the noncompliance to the owner or lessee. If, after the hearing, the commissioner finds that the owner or lessee is not complying with the rules and regulations, the commissioner shall revoke the permit. No operating permit shall be required for elevators or escalators that are located in a highly restricted area owned and operated by the United States government. No state permit is to be issued for elevators located in municipalities where elevator inspection ordinances are in force in accordance with § 68-121-111, it being the responsibility of such municipalities to make the inspections and collect permit fees within their respective jurisdictions. Acts 1951, ch. 235, § 6; 1953, ch. 229, § 3 (Williams, § 5379.14); 1957, ch. 255, § 4; T.C.A. (orig. ed.), § 53-2607; Acts 1983, ch. 315, § 2; 1985, ch. 354, § 23; 1985, ch. 362, § 3; 1989, ch. 11, § 3; T.C.A., § 68-19-107 ; Acts 2009, ch. 405, § 3. Compiler's Notes. Former title 68, ch. 19, §§ 68-19-101 — 68-19-115 , was transferred to title 68, ch. 121, §§ 68-121-101 — 68-121-115 , respectively, in 1992. Cross-References. Penalties of violations of chapter or permit fee requirements, § 68-121-115 . Collateral References. Incompetent or inexperienced or negligent operator, employment of, as independent ground of negligence toward one other than an employee. 8 A.L.R. 576 .