39-8618 INSPECTION REPORTS AND COMPLIANCE AGREEMENTS. - Idaho Statutes

TITLE 39

HEALTH AND SAFETY

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8618. Inspection reports and compliance agreements. (1) Within fifteen (15) days of completion of the inspection, all inspection reports shall be filed with the division and a copy shall be sent to the owner for corrective actions as required.

(2) Within thirty (30) days of the delivery of an inspection report to the owner and the division, the owner and the division shall enter into a compliance agreement whereby the owner and the division shall agree upon a schedule for corrective actions identified in the inspection report. The division shall issue a temporary certificate to operate if the corrective actions are not related to life safety issues. The owner and the division shall thereafter act in good faith to comply with the provisions of the compliance agreement.

(3) Where there are practical difficulties involved in complying with this chapter or any provision of any applicable code, as part of a compliance agreement, the owner and the division may identify alternative means of compliance so long as such alternative means do not lessen health, fire and life safety requirements and are otherwise consistent with the intent and purpose of applicable codes.

(4) An owner’s failure to complete the corrective actions set forth in the compliance agreement shall constitute grounds for the imposition of civil penalties and such further action as the division may deem appropriate if the owner:

(a) Fails to initiate corrective action; and

(b) Fails to provide evidence of compliance within thirty (30) days of the owner’s receipt of written notice from the division of a failure to comply.

(5) An owner shall not be deemed to be in violation of this chapter:

(a) If the owner and the division are in the process of entering into a compliance agreement; or

(b) If the owner is undertaking corrective action as set forth in the compliance agreement; or

(c) If upon the expiration of thirty (30) days from receipt of written notice from the division specifying the particulars in which the owner has failed to perform its obligations under a compliance agreement, the owner fails, prior to expiration of said thirty (30) day period, to rectify the particulars specified in such notice; or

(d) If an owner’s failure to perform under this chapter cannot be reasonably rectified within thirty (30) days from receipt of written notice from the division, but the owner, having received the notice, has commenced actions necessary to cure the failure and is diligently pursuing the cure of the failure.