Section 5.10 - ELEVATORS USED FOR CONSTRUCTIONTo the end of the preamble add additional paragraphs that read:
Devices included under the requirements of Section 5.10:
(1) Elevators used for construction and other workman's hoists, except as regulated by 524 CMR 36.00: Personnel Hoists and Employee Elevators on Construction and Demolition Sites, shall be considered temporary workman's elevators and shall be installed by a person holding a Massachusetts license for the construction, maintenance and repair of elevators. Either a Massachusetts-licensed elevator mechanic or a Massachusetts-licensed hoisting engineer only shall operate them.(2)Overhead Protection. There shall be installed on all elevators used for construction and workman's hoists and similar devices, including open platforms, a roof to protect the workers from falling objects when ahoistway is open, or has an opening, due to construction activity. The roof shall be constructed of solid material. Debris netting or similar overhead protection may be used up to three floors or 30 feet, whichever is greater.(3) Elevators used for construction and workman's hoists and other similar devices shall be equipped with one the following safety devices:(a) a safety device, which acts on a wire rope, which is supported independently from the rigging used to support and hoist the working platform;(b) a safety device, which grabs the wire rope, used to support and hoist the working platform;(c) instantaneous safeties.(4) Elevators used for construction, workman's hoists and other similar devices shall be provided with a 42" guard rail completely around the platform area and a 12" kick-plate completely around the platform area.(5)Inspection and Load Tests. Once a piece of equipment has been approved and released by a private elevator contractor, it shall be re-classified and designated as a temporary workman's elevator and shall be inspected by a state elevator inspector. The state inspection shall consist of a load and safety test. No non-elevator construction personnel shall be transported on such equipment until the releasing elevator contractor has faxed an intended designation change to the Office. (Exception: non elevator trade persons may be conveyed to perform work in or around the elevator hoistway.) Once the designation change is date stamped submitted to the Office, the equipment may be operated prior to the state inspection to convey construction personnel for a period not to exceed 30 days, if operated by a duly licensed elevator mechanic. Once the designated equipment passes inspection, the state elevator inspector shall issue a temporary use certificate which shall be valid for 90 days.(6) Inspection and load test is not required on open platforms used for the installation of elevators under construction or undergoing work pursuant to 524 CMR 10.00: Requirements for Permits and Inspections of Existing Elevators Undergoing Alterations and Replacements.Amended by Mass Register Issue 1366, eff. 6/1/2018.