Section 0800-03-04-.03 - GENERAL REQUIREMENTS(1) Application. The requirements of this Chapter shall apply to all installations of elevators, dumbwaiters, escalators, and other lifts as hereinafter specified.(2) Responsibility. Responsibility for the care, operation and maintenance of elevators, dumbwaiters, escalators, and other lifts shall be as follows:(a) The person or firm installing, relocating or altering an elevator, dumbwaiter, escalator, or other lift shall be responsible for its operation and maintenance until the operating permit therefor has been issued by the Commissioner, except during the period when any limited operating permit, as defined in Rule 0800-03-04-.06(4), (5) and (6) hereof, shall be in effect, and shall also be responsible for all tests of new, relocated and altered equipment until the operating permit therefor has been issued by the Commissioner.(b) The owner or his duly appointed agent shall be responsible for the safe operation and proper maintenance of the elevator, dumbwaiter, escalator, or other lift, after the operating permit has been issued by the Commissioner and also during the period of effectiveness of any limited operating permit as defined in Rule 0800-03-04-.06(4), (5) and (6) hereof. The Owner shall also be responsible for making all initial and periodic tests required by this Chapter.(3) Exceptions And Use Of Other Devices And Methods. The Board only shall have power to grant exceptions from the requirements of this Chapter and to permit the use of other devices and methods at its discretion, within the limitations stated in the Elevator Safety Code.(4) Numbering of Elevators, Dumbwaiters, Escalators and Other Lifts. All new and existing elevators, dumbwaiters, escalators, and other lifts shall have a serial number assigned by the Department stamped on or attached to the crosshead of the elevator car and/or to the escalator ballaster in plain view. This serial number shall be shown on all required permits.(5) Construction Permits. (a) A construction permit shall be obtained from the Department before erecting or constructing new elevators, dumbwaiters, escalators, and other lifts, moving such apparatus from one hoistway to another, or before making alterations to existing equipment. The owner, or his authorized agent, shall submit an application for such permit accompanied by plans and specifications in duplicate, in such form as the Department may prescribe. Where such plans and specifications indicate compliance with this Chapter the Commissioner shall issue a construction permit.(b) The acceptance fees are to be the same as the permit fees. No permit shall be required for repairs and replacements normally necessary for maintenance with parts of equivalent materials, strength and design.(6) Registration of Elevators, Dumbwaiters, Escalators and Other Lifts. (a) Within sixty days after the date of adoption of this Chapter, the owner or lessee of every existing elevator, dumbwaiter, escalator, and other lift shall register with the Department of Labor and Workforce Development each such elevator, dumbwaiter, escalator, or other lift owned and operated by such owner, giving type, contract load, and speed, name of manufacturer, its location and the purpose for which it is used and such other information as the Department may require. Such registration shall be made on a form to be furnished by the Department of Labor and Workforce Development on request.(b) Elevators, dumbwaiters, escalators, and other lifts whose erection is begun subsequent to the date of adoption, but prior to the effective date of this Chapter, shall be registered with the Department within not more than seven (7) days after they are completed and placed in service.(7) Maintenance of Elevators, Dumbwaiters, Escalators and Other Lifts. Every elevator, dumbwaiter, escalator, and other lift shall be maintained by the owner or lessee in a safe operating condition and in conformity with the rules of this Chapter.Tenn. Comp. R. & Regs. 0800-03-04-.03
Original rule certified June 10, 1974. Amendment filed June 21, 1976; effective September 13, 1976. Amendment filed March 29, 1978; effective April 28, 1978. Amendment filed February 5, 1991; effective May 29, 1991. Amendment filed July 24, 2000; effective November 28, 2000. Amendments filed April 19, 2021; effective 7/18/2021.Authority: T.C.A. §§ 68-121-101, 68-121-103, 68-121-104, 68-121-105, 68-121-107, 68-121-108, 68121-109, 68-121-111, and 68-121-115.