Mo. Code Regs. tit. 11 § 40-5.090

Current through Register Vol. 49, No.12, June 17, 2024

Section 11 CSR 40-5.090 - Inspection and Testing

PURPOSE: This amendment clarifies terminology within this rule and removes obsolete references to codes.

(1) Minimum Standard. All inspections and testing required by Missouri Statute 701.350-701.380 and these rules and regulations shall be made in accordance with the applicable standards established by 11 CSR 40-5.050, adopted by the Elevator Safety Board excluding periodic inspection requirements of Table N-1, six- (6-) month interval in ASME A17.1 The requirements of the six- (6-) month periodic inspection is to be performed with the twelve- (12-) month periodic inspection. The foregoing standards are incorporated by reference in this rule. This does not include any later amendments or additions.

(2) Periodic Inspections.

(A) The owner, operator, lessee, or agent of either of any elevator equipment as described herein shall have it inspected, every twelve (12) months, as defined by sections 701.350-701.380, RSMo and these rules and regulations. The inspection may be made within thirty (30) days prior to or thirty (30) days following the anniversary date of the initial inspection. Other variations to the twelve- (12-) month inspection period may be authorized by the chief elevator inspector as deemed necessary to schedule inspections in remote locations or for multiple elevator equipment situations.

(B) Any inspection required by sections 701.350-701.380, RSMo and these rules and regulations shall be made only by inspectors licensed in accordance with the provisions of sections 701.350-701.380, RSMo and 11 CSR 40-5.120 of these rules and regulations.

(C) In addition to required inspections, the department or its authorized representative may designate a licensed inspector to make such additional inspections as may be required to enforce the provisions of sections 701.350-701.380, RSMo and these rules and regulations.

(3) Testing Procedures.

(A) All tests shall be made in accordance with the applicable ASME code as adopted and amended by the Elevator Safety Board.

(B) Licensed inspectors shall not be allowed to perform any testing.

(C) Tests required by these rules and regulations shall be made by a [person qualified] licensed elevator mechanic to perform such service employed by the owner, operator, lessee, or agent of either, in the presence of a licensed inspector. The department has within its discretion, the authority to allow the testing to be performed without a licensed inspector present. In such cases, the elevator equipment shall be properly tagged by the qualified person performing the testing. The inspector shall verify the proper tagging of the elevator equipment within a ten- (10-) day period. It will be required, without exception, that the testing be witnessed in the presence of a licensed inspector, at least every five (5) years.

(4) Inspection Reports.

(A) Inspection Reports Filed with the Department by Licensed Inspectors. A report of every required inspection shall be filed with the department by the licensed inspector making the inspection, on a form approved by the department, within fifteen (15) days after the inspection or test has been completed.

(B) Inspection Reports Filed with Authorized Representatives by Licensed Inspectors. Procedures for filing inspection reports with the authorized representative shall be defined by the authorized representative.

(C) Inspection Reports Filed with the Department by Authorized Representatives. The authorized representative shall file all inspection reports, completed within their designated area, with the department, within thirty (30) days after the inspection or test has been completed, on a form approved by the department.

(D) In the event the required inspection report is not filed with the department in the applicable time frame after the final date when the elevator equipment should have been inspected, the chief elevator inspector may allow for an extension of time or may require additional inspections as deemed necessary to enforce the provisions of sections 701.350-701.380, RSMo and these rules and regulations.

11 CSR 40-5.090

AUTHORITY: section 701.355, RSMo 2000.* Original rule filed Aug. 26, 1998, effective July 1, 1999. Amended: Filed Aug. 17, 2000, effective Feb. 28, 2001. Amended: Filed June 14, 2004, effective Dec. 30, 2004. Amended: Filed Dec. 4, 2006, effective May 30, 2007.

Amended by Missouri Register March 16, 2020/Volume 45, Number 6, effective 4/30/2020

*Original authority: 701.355, RSMo 1994.