§ 20-24-116 - Operating permits. - Arkansas Statutes

20-24-116. Operating permits.

(a) (1) Operating permits shall be issued by the Department of Labor within the time limits specified in this section to the owner or lessee of every new or altered elevator, dumbwaiter, and escalator and of every existing elevator, dumbwaiter, and escalator when the inspection report indicates compliance with the applicable sections of this chapter.

(2) No permits shall be issued if the fees required by 20-24-117 have not been paid.

(3) The limits shall be thirty (30) days for existing elevators, dumbwaiters, and escalators and seven (7) days for new and altered elevators, dumbwaiters, and escalators after the required date for filing the inspection report required by 20-24-113(a) unless time is extended by the department. No elevator, dumbwaiter, or escalator shall be operated by the owner or lessee thereof after the dates specified in this section unless the operating permit has been issued.

(4) (A) The annual fee to be charged for the operating permit issued under this chapter shall be as follows:

300 lbs. -- 500 lbs. Special personnel elevators plus

(i) Dumbwaiters ..................... $30.00 annually

(ii) Elevators and wheelchair lifts ..................... 50.00 annually

(iii) Escalators and moving walks ..................... 85.00 annually

(B) A twenty percent (20%) penalty may be assessed when the fee is past due by thirty (30) days.

(b) (1) The operating permit shall indicate the type of equipment for which it is issued and in the case of elevators shall state whether passenger or freight and shall also state the contract load and speed for the elevator, dumbwaiter, or escalator.

(2) The permit shall be posted conspicuously in the car of the elevator and on or near the dumbwaiter or escalator.

(3) The permit shall be extended by endorsement of the department or its authorized representative after each periodic inspection required by 20-24-112(a)(3) and shall not be valid unless so endorsed.

(c) (1) If the inspection report required by 20-24-113 indicates failure of compliance with the applicable rules and regulations approved by the Elevator Safety Board under 20-24-107 or with the detailed plans and specifications approved by the department or its authorized representative under 20-24-115(d) and (e), the department or its authorized representative shall give notice to the owner or lessee or the person filing plans and specifications of changes necessary for compliance with the rules and regulations. After the changes have been made, the department or its authorized representative shall issue an operating permit.

(2) If the inspection report required by 20-24-113 indicates that an elevator, dumbwaiter, or escalator is in an unsafe condition, so that its continued operation may be dangerous to the public safety, then the department or its authorized representative, at its discretion, may require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations of the board.

(d) If the department or its authorized representative has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules and regulations adopted by the board under 20-24-107, it shall so notify the owner or lessee and shall give notice of a date for a hearing hereon to the owner or lessee. If after a hearing the department finds that the owner or lessee is not complying with the rules and regulations, it shall revoke the permit.

(e) (1) Pursuant to regulation of the board, the department may issue a temporary certificate of operation for a period not to exceed ninety (90) days for new installations.

(2) The fee for a temporary certificate of operation shall be established by the board in an amount not to exceed one hundred dollars ($100).

(f) An application for a variance shall be submitted to the department with the fee established by the board in an amount not to exceed one hundred dollars ($100).