Pursuant to Iowa Code section
89A.12, inspections by the
director will be permitted at reasonable times with or without prior
notice.
(1)
Scope of
inspections.
a.
Comprehensive. Periodic inspections will be comprehensive.
Elevators being transferred from construction permits to operating permits,
previously dormant conveyances being returned to service, relocated
conveyances, and new conveyances will be inspected in their entirety prior to
operation.
b.
Limited. An alteration inspection is normally limited to the
altered components. If the inspector notices a safety hazard in plain view
during an inspection after alteration, or if the periodic inspection is due,
the entire conveyance will be inspected.
(2)
When inspections will
occur. When the timing of two different types of inspection on a
single conveyance coincide, a state inspector may perform both inspections in
one visit.
a.
Periodic
inspections.
(1) Each construction
elevator and CPH will be inspected at intervals not to exceed three months. All
other periodic conveyance inspections by state inspectors are conducted
annually unless the director determines resources do not allow annual
inspections. If the director determines quarterly inspections of construction
elevators and CPHs and annual inspections of other state-inspected conveyances
are not feasible due to insufficient resources, the director will determine the
inspection schedule.
(2) Conveyance
inspections by special inspectors will be conducted at least
annually.
(3) The inspector will
arrange to perform the periodic inspection of a broadcast tower elevator when
the maintenance company is on site to perform the periodic tests. If the
inspection is to be performed by employees of the director, the inspection will
occur during the department's normal business hours, unless otherwise agreed to
by the director.
b.
Acceptance inspections. A CPH will be inspected pursuant to
the schedule in ANSI A10.4 - 2007, Chapter 26. For all other conveyances, an
acceptance inspection will occur:
(1) After
each relocation,
(2) After each
alteration,
(3) For a new
installation, not less than two business days after a completed acceptance
checklist is submitted by the conveyance installation company,
(4) Before an elevator subject to a
construction permit receives an operating permit, and
(5) Before a previously dormant conveyance is
returned to service.
c.
Other inspections. Inspections may be made when the director
reasonably believes that a conveyance is not in compliance with the rules.
Accidents, complaints, or requests for consultative inspections may result in
inspections by the director.
(3)
Who may perform
inspections.
a. The director will
inspect altered conveyances, construction elevators, CPHs, previously dormant
conveyances being returned to service, relocated conveyances, and new
conveyances.
b. Except as noted in
71.11(3)"c," annual inspections may be performed by state
inspectors or special inspectors authorized by the director.
c. An inspection report by a special
inspector will not be accepted as the required, annual inspection if the
conveyance is under contract for maintenance, installation or alteration by the
special inspector or the special inspector's employer, or if the property is
owned or leased by the special inspector or the special inspector's
employer.
(4)
Inspection standards. Inspections will be performed in
accordance with applicable safety codes or documents such as:
a. CCD;
b. ASME A17.1, Sections
8.10 and
8.11, except Section
8.11.1.1;
c. ANSI A10.4-2007;
or
d. ASME
A18.1.
(5)
Inspection reports.
a. All
inspectors will file inspection reports on forms approved by the director
within 30 days from the date of inspection and will provide owners of
conveyances with copies of completed inspection reports. The inspection report
must separately list each unsafe condition and the applicable, specific code
citation. Up to 30 days will be allowed for correction of the unsafe
conditions.
b. The owner may file a
petition for reconsideration of an inspection report. The timely and proper
filing of a petition for reconsideration extends the deadline for correction of
the hazards that are subject to the petition for reconsideration.
(6)
Extension of
time. The owner may petition the director for up to 60 additional days
to make the necessary corrections. The time frames may be adjusted by the
director as necessary to accommodate an extension of time.
(7)
Correction of unsafe
conditions. In the absence of a determination on reconsideration or
appeal that correction of hazards is not required, all unsafe conditions
identified in the inspection report will be corrected. The director will verify
correction of all unsafe conditions identified in the inspection report by
sending a state inspector to reinspect the conveyance for the applicable fee,
or by reviewing appropriate documentation such as a photograph, invoice, other
verifiable document, or subsequent inspection report. The time frames set forth
in this subrule may be accelerated at the request of the owner.
a. Promptly upon receipt of an inspection
report listing unsafe conditions, the director will send to the owner and the
special inspector, if any, an abatement order. A copy of the inspection report
will be attached to the abatement order. Unless a special inspector conducted
the inspection, the order may specify a period that ends no more than 45 days
after the inspection during which the owner may submit written evidence that
the unsafe conditions have been corrected. The abatement order will:
(1) Identify the equipment.
(2) Demand that the unsafe conditions be
corrected within the period set forth in the inspection report.
(3) Set forth the consequences of failure to
comply.
b. After the
period specified on the inspection report has passed, the director may cause a
state inspector to verify correction of all unsafe conditions. If reinspection
reveals no significant progress toward correcting the unsafe conditions, or the
remaining unsafe conditions create significant safety concerns, the director
may serve a notice of intent to suspend, deny or revoke the operating permit.
If there is a serious danger, the director may seal off the
conveyance and post notice on the conveyance that it is not to be used pending
repairs. Use of a conveyance prior to completion of the required repairs may
result in additional legal proceedings. The conveyance may be returned to
service only after the serious danger has been corrected and the conveyance has
passed a comprehensive inspection.
c. The director may issue an operating permit
after receipt of the appropriate fee and verification that each unsafe
condition identified in the inspection report has been corrected.
d. If written proof of correction was
requested in the abatement order, but adequate proof was not received by the
deadline set forth in the abatement order, the director may send a second
abatement order or cause a state inspector to inspect the conveyance. If the
director elects to send a second abatement order, it will notify the owner
that, if written proof of abatement is not received within 20 days, a state
inspector may be sent to the site. Copies of the abatement order and the
inspection report will be attached to the second abatement order.
e. If a special inspector conducted the
inspection, more than 45 days have passed since the deadline for correction of
hazards, and an inspection report indicating the hazards are corrected has not
been filed, the director may:
(1) Contact the
special inspector,
(2) Send a
second abatement order to the owner with copies of the inspection report and
first abatement order, or
(3) Send
a state inspector to inspect the conveyance. If there is a serious danger, the
director may seal off the conveyance and post notice on the conveyance that it
is not to be used pending repairs. Use of a conveyance prior to completion of
the required repairs may result in additional legal proceedings. The conveyance
may be returned to service only after the serious danger has been corrected and
the conveyance has passed a comprehensive inspection.
f. If an inspection as described in paragraph
71.11(7)"d" or "e" reveals no significant
progress toward correcting the unsafe conditions, and the remaining unsafe
conditions create no significant safety concerns, the director may extend the
time for abatement of the unsafe conditions an additional ten days or may serve
a notice of intent to suspend, deny or revoke the operating permit. The
director may also post a notice prohibiting use of the conveyance pending
abatement of the unsafe conditions listed in the inspection report.
g. If an abatement order was provided and a
conveyance is not in use and the owner does not intend to use the conveyance,
repair the conveyance, or make the conveyance dormant, the director may seal
off the conveyance.
(8)
Imminent danger. If the director determines that continued
operation of a conveyance pending correction of unsafe conditions creates an
imminent danger, the director may seal off the conveyance and post notice on
the conveyance that it is not to be used pending repairs. Use of a conveyance
contrary to posted notice by the director may result in additional legal
proceedings pursuant to Iowa Code section
89A.10(3) or
89A.18. The conveyance may be
returned to service only after the imminent danger has been corrected and the
conveyance has passed a comprehensive inspection.
(9)
Interference prohibited.
No person shall interfere with, delay or impede an inspector employed by the
state during an inspection.
(10)
Escalator inspections. The owner will arrange for an escalator
mechanic to be on site to assist with the inspection. The inspector will work
with the owner to arrange an inspection time.
Notes
Iowa Code r.
875-71.11
ARC 8773C, IAB
1/8/25, effective 2/12/25
ARC 7840B, IAB 6/17/09,
effective 7/22/09; ARC 9221B, IAB 11/17/10, effective 12/22/10; ARC 0168C, IAB
6/13/12, effective 7/18/12; ARC 0685C, IAB 4/17/2013, effective
5/22/2013
Amended by
IAB
April 29, 2015/Volume XXXVII, Number 22, effective
6/3/2015
Amended by
IAB
July 6, 2016/Volume XXXIX, Number 01, effective
8/10/2016
Amended by
IAB
April 11, 2018/Volume XL, Number 21, effective
5/16/2018
Amended by
IAB
June 20, 2018/Volume XL, Number 26, effective
8/1/2018
Amended by
IAB
April 21, 2021/Volume XLIII, Number 22, effective
6/1/2021
Adopted by
IAB
January 8, 2025/Volume XLVII, Number 14, effective
2/12/2025