Wis. Admin. Code Department of Safety and Professional Services SPS 318.1011

Current through August 26, 2024
Section SPS 318.1011 - Inspections and permits to operate
(1) GENERAL. Pursuant to s. 101.983(2), Stats., no person may allow a conveyance to operate on property owned by the person unless the person holds a valid permit to operate for the conveyance, except this requirement does not apply to elevators or dumbwaiters that serve dwelling units.

Note: Although a permit to operate is not required under this subsection for elevators and dumbwaiters serving dwelling units, these elevators and dumbwaiters are subject to the requirements in section 101.983(3) of the Statutes, which reads as follows: "If the owner and a prospective buyer of an individual residential dwelling unit that is served by a dumbwaiter or an elevator enter into a contract of sale for the unit that includes a provision requiring that the dumbwaiter or elevator be inspected, the inspection shall be performed by an elevator inspector licensed under s. 101.985(3)."

(2) INITIAL ISSUANCE.
(a) The department or agent municipality shall issue a permit to operate for the installation of a conveyance after an acceptance inspection by one of the following determines and documents that the conveyance was installed and constructed in compliance with this chapter:
1. The department.
2. An agent municipality.
3. A licensed elevator inspector who is referred to as enforcing this chapter, in a written contract between the inspection provider and the department.
(b) The issuance of a permit to operate by the department or agent municipality shall occur within 10 business days of completing and filing the inspection report.
(4) PERMIT EXPIRATION.
(a) Each conveyance shall be assigned an inspection anniversary date by the department or agent municipality.
(b) A permit to operate shall be valid for one year from the assigned inspection anniversary date.
(5) PERMIT RENEWAL.
(a)
1. The renewal of a permit to operate shall be contingent upon one or more inspections that determine that a conveyance is in compliance with this chapter and any preceding design, construction, and installation requirements of this chapter that were in effect during construction or installation of the conveyance.
2. The inspection or inspections under subd. 1. shall be conducted no sooner than 120 days prior to the expiration of the permit to operate.
3. The owner of an existing conveyance for which a permit to operate was issued by the department or agent municipality may have the inspection or inspections for the renewal of the permit conducted by one of the following:
a. The department.
b. An agent municipality.
c. An independent licensed elevator inspector.
d. A licensed elevator inspector who is referred to as enforcing this chapter, in a written contract between the inspection provider and the department.
4. If an independent licensed elevator inspector conducts the inspection or inspections under subd. 1, the renewal of the permit by the department or agent municipality shall be contingent upon receipt of a report under sub. (8) and the recommendation to issue the permit to operate.
(b) The inspection to renew a permit to operate shall include at least all of either of the following:
1. For elevators, escalators, moving walks, dumbwaiters, and material lifts, the items listed in ASME A17.1 sections 8.6 and 8.11.2 to 8.11.5, as modified by this chapter and depending upon the type of conveyance.
2. For platform lifts and stairway chairlifts, the items listed in ASME A18.1 sections 10.2.2, 10.3.1.1 to 10.3.1.7, and 10.3.3.4, as modified by this chapter and depending upon the type of conveyance.
(6) ALTERATION INSPECTIONS. The alteration of a conveyance requiring plan approval as specified under s. SPS 318.1007 shall be inspected by one of the following before placing the conveyance back into service:
(a) The department.
(b) An agent municipality.
(c) A licensed elevator inspector who is referred to as enforcing this chapter, in a written contract between the inspection provider and the department.

Note: Under section 101.983(2) (e) and (3) of the Statutes, alterations, repairs, and replacements of components for an elevator or dumbwaiter that serves a dwelling unit - short of a complete replacement of the conveyance - are not required to have plan approvals, or acceptance inspections corresponding to such approvals.

(7) PREPARATIONS FOR DEPARTMENT INSPECTION.
(a)Notice of inspection. Where the installation or alteration inspection is to be conducted by the department or agent municipality for a conveyance which has received an approval under s. SPS 318.1007, the installation contractor or the owner or owner's agent shall notify the department or agent municipality at least 5 business days in advance of when all work will be completed and the conveyance will be ready for inspection. If the equipment is not complete and ready for inspection at the scheduled time, all of the following may occur:
1. The inspection may be cancelled.
2. A cancellation fee may be assessed in accordance with ch. SPS 302.
3. The inspection may be rescheduled.

Note: All notifications under this paragraph should occur only with the consent of the installing contractor, in order to avoid the penalties in subdivisions 1. to 3.

(b)Arrangements. The owner or owner's agent shall make arrangements to enable the department or agent municipality to inspect all parts of the conveyance and any related equipment during the scheduled time.
(bm)Elevator mechanic. The installation contractor or the owner or owner's agent shall make arrangements to ensure that a licensed elevator mechanic or a licensed elevator mechanic-restricted is present for the inspection of the conveyance or related equipment during the entire inspection.
(c)Cancellation. Where a scheduled inspection is to be cancelled, the owner or owner's agent of a conveyance shall notify the department or agent municipality at least 2 business days before the scheduled time. Failure to do so may result in a cancellation fee assessed in accordance with ch. SPS 302.
(8) INSPECTION REPORT. Where an inspection specified in sub. (2), (5), or (6) is performed by someone other than an a licensed elevator inspector of the department or an agent municipality, the licensed elevator inspector shall file an inspection report with the department in accordance with all of the following:
(a) Reports shall be sent to the department in accordance with the department's electronic data interchange transfer guidelines, except as provided in par. (b), within 5 business days after completing the inspection unless additional time is authorized by the department.
(b) An approved form may be used in lieu of the electronic data interchange system where approved in advance by the department.

Note: Forms required under this chapter are available on the department's website at https://dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 7302, Madison, Wisconsin 53708, or call (608) 266-2112.

(c)
1. The inspection report shall explain any violation or unsafe condition, with references to specific code sections and the nature of the deficiency.
2. Where an inspection report denotes conditions that pose an imminent threat to life or limb and require the conveyance to be taken out of service, both of the following shall be done immediately:
a. The owner or owner's agent shall take the conveyance out of service.
b. The licensed elevator inspector shall notify the department.

Note: The Department may be contacted at telephone (608) 266-7548 during normal business hours. The State Division of Emergency Management can be contacted at (800) 943-0003 during non-business hours.

3. The licensed elevator inspector shall provide the owner or owner's agent with a copy of the inspection report within 5 business days of the inspection.
(d) The inspection report shall be legible and complete.
(9) INDEPENDENT LICENSED ELEVATOR INSPECTOR PROCEDURES. Where inspections are provided by an independent licensed elevator inspector, all of the following requirements apply:
(a) The licensed elevator inspector shall submit written verification to the department of an agreement between the owner and the inspector for inspection services, no later than 30 calendar days after inspection service on equipment covered by this chapter is started. If the owner or inspector discontinues that service, the inspector shall notify the department no later than 30 days after the date of cancellation.
(b) If the licensed elevator inspector does not file a periodic inspection report with the department by 30 calendar days prior to the expiration date of the permit to operate, the department may conduct the inspection. If the department conducts the inspection, the owner will be charged a fee in accordance with ch. SPS 302 for each inspection.
(c) If the licensed elevator inspector is unable to obtain compliance with this chapter, the inspector shall notify the department. If the department conducts the inspection, the owner will be charged a fee in accordance with ch. SPS 302 for each inspection.

Wis. Admin. Code Department of Safety and Professional Services SPS 318.1011

CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
Amended by, CR 19-118: r. (3), cr. (7) (bm), am. (8) (intro.), (c) 2. b., 3. Register May 2020 No. 773, eff. 6/1/2020