Title 39 — HEALTH AND SAFETY

39-8601. Short title. This chapter shall be known and may be cited as the "Elevator Safety Code Act."

39-8602. Legislative findings and intent. (1) The purpose of this chapter is to provide for safety of life and limb and to ensure that the safe design, mechanical and electrical operation, erection, installation, alteration, maintenance, inspection and repair of elevators, escala…

39-8603. Definitions. As used in this chapter, the terms defined in this section shall have the following meanings unless the context clearly indicates another meaning: (1) "Administrator" means the administrator of the division of occupational and professional licenses for the s…

39-8604. Enforcement. The administrator shall enforce the provisions of this chapter. Local governments shall not adopt codes or institute enforcement programs with regard to conveyances.

39-8605. Administrator’s rulemaking authority. The administrator may adopt rules and codes governing the operation, installation, alteration, maintenance, inspection and repair of conveyances and shall adopt minimum standards governing existing installations. The administrator ma…

39-8606. Scope — Exemptions. (a) The provisions of this chapter shall apply to all conveyances within the state of Idaho except the following or as provided in subsection (b) of this section: (1) Conveyances located in private residences; (2) Conveyances in federally owned facili…

39-8607. Inspections. On and after July 1, 2004, all installations and periodic inspections required by this chapter shall be performed by a QEI as defined in this chapter.

39-8608. Installation permits required — Application — Posting — Exceptions — Other licenses, permits and inspections. (1) On and after July 1, 2004, it shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any inst…

39-8609. Responsibility for operation and maintenance of equipment and for periodic tests. (1) The person installing or altering a conveyance is responsible for its operation and maintenance until the division has issued an operating certificate for the conveyance. The owner is r…

39-8610. Temporary certificate to operate. A temporary certificate to operate may be issued by the administrator. No temporary certificate shall be issued when life-safety nonconformances are present. Before the expiration of the temporary certificate, the conveyance shall be rei…

39-8611. Certificate to operate. (1) Inspection and certificate. No conveyance shall be placed into operation until an inspection has been performed and a certificate to operate has been issued by the division. (2) Inspection prior to issuance. A certificate to operate may be iss…

39-8612. Operation without certificate may be enjoined. Whenever any conveyance is being operated without a certificate required by this chapter, the administrator may apply to the district court of the county in which the conveyance is located for a temporary restraining order o…

39-8613. Order to discontinue operation — Notice — Conditions — Contents of order — Rescission of order — Violation — Penalty — Random inspections. (1) The administrator may order the owner or person operating a conveyance to discontinue the operation of a conveyance, and may pla…

39-8614. Adoption of codes. (1) The following codes, including those updates, addenda and amendments thereto hereafter adopted by the division as set forth in the duly promulgated administrative rules, are hereby adopted for all conveyances subject to this chapter as may be appli…

39-8615. Inspections and tests. Conveyances shall have an inspection performed in accordance with ANSI/ASME standards set forth in section 39-8614, Idaho Code. The following types of inspections are required: (1) Acceptance. The initial inspection and tests of new or altered equi…

39-8616. Fees. The division shall have authority to charge certain fees in accordance with the fee schedule established by the division, which schedule shall not exceed the amounts set forth as follows and which amounts may be reduced by the division as set forth in duly promulga…

39-8617. Annual renewal. Certificates to operate shall be renewed annually by making application to the division on such forms as the division may prescribe. Successful application shall require payment of the annual renewal fee and submission of a satisfactory routine inspection…

39-8618. Inspection reports and compliance agreements. (1) Within fifteen (15) days of completion of the inspection, all inspection reports shall be filed with the division and a copy shall be sent to the owner for corrective actions as required. (2) Within thirty (30) days of th…

39-8619. Violations — Misdemeanors. (1) Any person who willfully violates any provision of this chapter or the duly promulgated rules hereunder is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300) or by impriso…

39-8620. Civil penalty for violation of chapter — Notice. (1) The administrator may assess a penalty against a person violating a provision of this chapter. The penalty shall be not more than five hundred dollars ($500) per violation. Each day that the violation continues is a se…

39-8621. No limitation or assumption of liability. This chapter shall not be construed to relieve or lessen the responsibility of any person, firm or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing or repa…

39-8622. Accidents — Report and investigation — Cessation of use — Removal of damaged parts. The owner shall promptly notify the division of each accident to a person requiring the service of a physician or resulting in a disability exceeding one (1) day and shall afford the divi…

39-8623. Idaho elevator safety fund established. All moneys received by the administrator under the provisions of this chapter shall be paid into the state treasury as directed by section 59-1014, Idaho Code, and shall be placed by the state treasurer to the credit of a dedicated…