198B.490 Rules and regulations. (Effective until July 1, 2011) - Kentucky Statutes

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198B.490 Rules and regulations. (Effective until July 1, 2011) The commissioner of housing, buildings and construction shall make, alter, amend, and
repeal rules and regulations exclusively for the safety and inspection of passenger
elevators and fixed guideway systems. The commissioner shall have the authority to
prescribe, by regulation, the fee to be charged for each inspection. All fees established
and regulated by this section shall be payable to the department except as may be
provided in a specific written agreement between the commissioner and any agency
authorized to inspect elevators or fixed guideway systems by the provisions of this
chapter. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 268, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 157, sec. 8, effective July 12, 2006. -- Amended 1980 Ky. Acts
ch. 295, sec. 89, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 123, sec. 5,
effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 232, sec. 2. -- Created 1974
Ky. Acts ch. 239, sec. 12. Formerly codified as KRS 336.620. 198B.490 Rules and regulations -- Administrative regulations on equipment and standards -- Review of standards -- Consistency with building code. (Effective
July 1, 2011) (1) The department shall make, alter, amend, and repeal rules and administrative regulations exclusively for the safety and inspection of passenger elevators and
fixed guideway systems. The department shall have the authority to prescribe, by
administrative regulation, a reasonable fee to be charged for each inspection. All
fees established and regulated by this section shall be paid to the department, made
payable to the Kentucky State Treasurer, except as may be provided in a specific
written agreement between the commissioner and any agency authorized to inspect
elevators or fixed guideway systems by the provisions of this chapter. (2) The department shall consult with the Elevator Advisory Committee, engineering authorities, and organizations concerned with standard safety codes, rules, and
administrative regulations governing the operation, maintenance, servicing,
construction, alteration, installation, and inspection of elevators and fixed guideway
systems, and the qualifications that are necessary for an elevator mechanic,
contractor, and inspector. (3) The department shall promulgate administrative regulations establishing the approved equipment regulated by KRS 198B.400 to 198B.540. These
administrative regulations shall include the following, except as modified under
subsection (4) of this section:
(a) Safety Code for Elevators and Escalators, ASME A17.1/CSA B44;
(b) Safety Code for Existing Elevators and Escalators, ASME A17.3;
(c) Performance-Based Safety Code for Elevators and Escalators, ASME 17.7/CSA B44.7; (d) Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1;
(e) Standard for the Qualification of Elevator Inspectors, ASME OEI-1; and (f) Automated People Mover Standards, ASCE 21. (4) The department and the committee shall review the latest editions of any standard listed in subsection (3) of this section within twelve (12) months of that standard's
effective date. Upon completion of reviews, the committee shall give the
department its recommendations for or against adoption or modification of a
standard. (5) All administrative regulations issued by the department relating to KRS 198B.400 to 198B.540 shall be consistent with the standards of safety as established in 815
KAR 10:060 and the Uniform State Building Code established in KRS 198B.050. Effective: July 1, 2011
History: Amended 2010 Ky. Acts ch. 24, sec. 268, effective July 15, 2010; and ch. 116, sec. 26, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 8, effective
July 12, 2006. -- Amended 1980 Ky. Acts ch. 295, sec. 89, effective July 15, 1980. --
Amended 1978 Ky. Acts ch. 123, sec. 5, effective June 17, 1978. -- Amended 1976
Ky. Acts ch. 232, sec. 2. -- Created 1974 Ky. Acts ch. 239, sec. 12. Formerly codified as KRS 336.620.
Legislative Research Commission Note (7/1/2011). This section was amended by 2010 Ky. Acts chs. 24 and 116. Where these Acts are not in conflict, they have been
codified together. Where a conflict exists, Acts ch. 116, which was last enacted by
the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (7/1/2011). References to the Office" of Housing, Buildings and Construction in this section, as amended by 2010 Ky. Acts
ch. 116, sec. 26, have been changed in codification to the "Department" of Housing,
Buildings and Construction to reflect the reorganization of certain parts of the
Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the
General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser
of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.