Section 89A.3. Rules.

  1.  The safety board may adopt rules governing maintenance, construction, alteration, and installation of conveyances, and the inspection and testing of new and existing installations as necessary to provide for the public safety, and to protect the public welfare.

  2.  The safety board shall adopt, amend, or repeal rules pursuant to chapter 17A as it deems necessary for the administration of this chapter, which shall include but not be limited to rules providing for:

  a.  Classifications of types of conveyances.

  b.  Maintenance, inspection, testing, and operation of the various classes of conveyances.

  c.  Construction of new conveyances.

  d.  Alteration of existing conveyances.

  e.  Minimum safety requirements for all existing conveyances.

  f.  Control or prevention of access to conveyances or dormant conveyances.

  g.  The reporting of accidents and injuries arising from the use of conveyances.

  h.  The adoption of procedures for the issuance of variances.

  i.  The amount of fees charged and collected for inspection, permits, and commissions. Fees shall be set at an amount sufficient to cover costs as determined from consideration of the reasonable time required to conduct an inspection, reasonable hourly wages paid to inspectors, and reasonable transportation and similar expenses.

  j.  Submission of information such as plans, drawings, and measurements concerning new installations and alterations.

  3.  The safety board shall adopt rules for conveyances according to the applicable provisions of the American society of mechanical engineers safety codes for elevators and escalators, A17.1 and A17.3, as the safety board deems necessary. In adopting rules the safety board may adopt the American society of mechanical engineers safety codes, or any part of the codes, by reference.

  4.  The safety board may adopt rules permitting existing passenger and freight elevators to be modified into material lift elevators.

  5.  A rule adopted pursuant to this section which adopts standards by reference to another publication shall be exempt from the requirements of section 17A.6, subsection 2, if the following conditions exist:

  a.  The cost of the publication is an unreasonable expense when compared to the anticipated usage of the publication.

  b.  A copy of the publication is available from an entity located within the state capitol complex.

  c.  The rule identifies the location where the publication is available.

  d.  The administrative rules coordinator approves the exemption.

  6.  The commissioner shall furnish copies of the rules adopted pursuant to this chapter to any person who requests them, without charge, or upon payment of a charge not to exceed the actual cost of printing of the rules.

  7.  The safety board may adopt rules permitting inclined or vertical wheelchair lifts in churches and houses of worship to service more than one floor.

  8.  The commissioner may adopt rules pursuant to chapter 17A relating to the denial, issuance, revocation, and suspension of special inspector commissions.

[C24, 27, 31, 35, 39, §1678; C46, 50, 54, 58, 62, 66, 71, 73, §104.1; C75, 77, 79, 81, §104.3]

84 Acts, ch 1094, §2

; 86 Acts, ch 1157, §3

88 Acts, ch 1042, §4

; 99 Acts, ch 68, §5, 6

; 2004 Acts, ch 1107, §13 – 17, 30

; 2007 Acts, ch 16, §4

; 2009 Acts, ch 85, §2

; 2010 Acts, ch 1031, §55

; 2011 Acts, ch 34, §21

See §256.53