Mo. Code Regs. tit. 11 § 40-5.100

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

Section 11 CSR 40-5.100 - State Operating Certificate and Local Operating Certificate

PURPOSE: This rule is to require a state operating permit for all elevators.

(1) State Operating Certificate Requirements.

(A) A state operating certificate shall be issued by the department directly to the owner, operator, lessee or agent of either, of the elevator equipment when the inspection report indicates compliance with the applicable provisions of sections 701.350-701.380, RSMo these rules and regulations and the state operating certificate fees have been paid. Following receipt of the inspection report, the department shall issue a notice that state operation certificate fees are due. The owner, operator, lessee or agent of either will then have thirty (30) days to respond to the department. The department may allow for an extension of fees as deemed necessary by the chief elevator inspector upon a proper written request received prior to the expiration of the thirty (30) days. No elevator equipment shall be operated after one hundred twenty (120) days, after an inspection report or after an extension granted by the chief elevator inspector has expired, unless the owner, operator, lessee or agent of either has obtained a state operating certificate issued by the department or unless the owner, operator, lessee or agent of either has complied with all provisions of these rules and regulations, but has not yet received the certificate. The burden of proof to establish compliance with all provisions of these rules and regulations shall be on the owner, operator, lessee or agent of either.

(B) A state operating certificate shall be issued for a period of one (1) year and the expiration date shall appear on its face.

(2) Display of State Operating Certificate. The owner, operator, lessee or agent of either shall post the operating certificate in the elevator equipment room, in a noncombustible frame with a clear protective vision plate over it. For installations without an elevator room the state operating certificate shall be posted as directed by the chief elevator inspector.

(3) State Operating Certificate Information.

(A) The state operating certificate shall indicate the following information:

1. The state number, issued by the department to that installation;

2. The type of elevator equipment for which it is issued;

3. In the case of elevators, whether passenger or freight;

4. The owner, operator, lessee or agent of either to whom the certificate is issued;

5. The location of the elevator equipment;

6. The contract load and rated speed;

7. The expiration date;

8. The name of the permitting authority and the licensed inspectors name; and

9. The date of the periodic inspection and test.

(B) In addition to other requirements, state operating certificates for vertical wheelchair lifts, inclined wheelchair lifts and inclined stairway chair lifts shall state the following:

LIMITED USE ONLY NOT FOR GENERAL PUBLIC USE

(4) Denial of State Operating Certificate.

(A) State operating certificate will be referred to as certificates.

(B) The certificate may not be issued if the fees required by 11 CSR 40-5.110 have not been paid.

(C) The department may deny any certificate for cause, which shall include the failure to comply with the provisions of sections 701.350-701.380, RSMo, these rules and regulations or the detailed plans and specifications approved by the department at time of installation. In determining whether there exists cause to deny any certificate, the department may rely on an inspection report filed by a licensed inspector.

(D) The department shall notify the owner, operator, lessee or agent of either, in writing of the reasons for which the certificate is denied; the changes necessary for compliance; and information regarding their right to appeal.

(E) Any owner, operator, lessee or agent of either who has been denied a certificate by the department may appeal that denial to the department, provided a written request to appeal is received by the department with twenty-one (21) days from the issuance of the notice of the denial to the owner, operator, lessee or agent of either.

(F) As a condition of maintaining his/her license, the department may require the presence of the licensed inspector, upon whose report the denial of the certificate was based, at any hearing on such denial.

(5) Revocation of State Operating Certificate.

(A) State operating certificate will be referred to as certificates.

(B) A certificate may be revoked if the fees required by 11 CSR 40-5.110 have not been paid.

(C) The department may immediately revoke any certificate if it determines there is a failure to comply with the provisions of sections 701.350-701.380, RSMo, these rules and regulations, or the detailed plans and specifications approved by the department at the time of installation and such elevator equipment is in an unsafe condition, where its continued operation may be dangerous to the public safety. In making such a determination the department may rely on an inspection report filed by a licensed inspector.

(D) Immediate Revocation.

1. In order to immediately revoke a certificate, the licensed inspector shall place a tag or warning notice on or in the elevator equipment notifying the owner, operator, lessee or agent of either and the public that its use has been ordered to be discontinued. Such warning shall read as follows:

WARNING ORDER

The Missouri Department of Elevator Safety has determined that this equipment is in an unsafe condition, so that its continued operation would be dangerous. The Missouri Department of Elevator Safety has ordered that the use of this equipment be discontinued until it has been made safe in conformity with the provisions of sections 701.350-701.380, RSMo and the rules and regulations of the Missouri Elevator Safety Board.

Continued operation of this equipment or removal of this notice may result in criminal and/or civil penalties.

This action is taken pursuant to the authority granted by sections 701.350-701.380, RSMo.

The specific conditions found by the Missouri Department of Elevator Safety, which has rendered this equipment unsafe, are as follows:

_______________

_______________

_______________

_______________

_______________

_______________

This tag shall only be removed by authority of the Chief Elevator Inspector.

Department of Public Safety Division of Elevator Safety

P. O. Box 844

Jefferson City, Missouri 65102

By:_

Date:_

2. The licensed inspector shall provide immediate written notice to the owner, operator, lessee or agent of either present at the location of the elevator equipment and to the department. This notice shall include the following:

A. A copy of any applicable inspection report;

B. A copy of the warning notice;

C. The reason for revocation of the certificate;

D. The changes necessary for compliance; and

E. Information on how to appeal a revocation order.

(E) Any person aggrieved by a revocation order may appeal by the rules and regulations established under 11 CSR 40-5.140 as listed herein.

(F) In the event the owner, operator, lessee or agent of either is not present at the location of the elevator equipment, the licensed inspector shall mail the notice required by 11 CSR 40-5.100, subsection (5)(D) as listed herein, to the owner, operator, lessee or agent of either within twenty-four (24) hours.

(6) Local Operating Certificate. Procedures for local operating certificates shall be defined by the authorized representative.

11 CSR 40-5.100

AUTHORITY: section 701.355, RSMo 1994.* Original rule filed Aug. 26, 1998, effective July 1, 1999.

*Original authority: 701.355, RSMo 1994.