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Elevators

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1. Does the office of the state fire marshal have adopted Rules and Regulations for the Elevator Safety Act?

We are currently working through the State process on the rules and regulations.  The bill requires our office to adopt at the minimum the current version of ASME safety code for elevators and escalators.

2. If I own an elevator must I register it with OSFM?

Facilities can register their units at no charge on our website if they have no annual inspection scheduled until after July 1, 2023. If the annual inspection is before July1, 2023, the unit will be registered when the inspection report is submitted.   

Since the program is new and our office is currently working through implementation, there will be no administrative action for any late registration or inspections through July 1, 2023.

3. When do I need to apply?

Starting Jan. 1, 2023, if you are Elevator Contractor, Elevator Inspector, or an Elevator Mechanic, you now must apply for a license with the OSFM to conduct business in the State of Kansas. This license will be valid for two years from issuance date.

4. Who must apply?

The categories are as follows:

• "Elevator contractor" means a sole proprietorship, firm, partnership, corporation, or association that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators.
• "Elevator inspector" means an individual engaged in the business of inspecting elevators.
• "Elevator mechanic" means an individual engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators under the direct supervision of an elevator contractor.

5. What database is being used?

We will be using a database called Compliance Engine from a company called Brycer for all the inspection reports and certificates of operation. Licensing of contractors, inspector, mechanics and registration of the units will be thorough the OSFM's website.

6. Why are contractors, mechanics, and inspectors now being required to become licensed?

In 2022, the Kansas Legislature passed into law, HB 2005, creating the Elevator Safety Act. This Act creates safety standards for elevators, licensure requirements for elevator inspection, installation, alteration, and repair, and the duties of the Office of the State Fire Marshal (OSFM).

7. Will the OSFM have elevator inspectors?

No, we will not have any elevator inspectors. Inspections will be done by a licensed inspector who will also collect the annual certification fee of $100 in addition to any inspection fee charged by them.  The annual certification card will be sent after the inspection is reviewed.   

Our office will have a program manager with many years of elevator experience who will do spot inspections, respond to complaints, along with any accidents or major equipment failures. That person will also mediate any disputes or disagreements that arise between anyone involved in the industry.

8. Will there be a 3rd party Inspector License?

The current Elevator Safety Act does not require a 3rd party inspection. Currently a mechanic could also hold an inspector license. Our office started accepting contractor, mechanic and inspector license applications Jan. 1, 2023 and have begun the approval process. Between now and July 1, 2023, we are allowing facilities and companies to continue their work and inspections as usual, using this time period to get everyone up to speed on the new law and how it will work. Facilities can register their units at no charge on our website, if they have no annual inspection scheduled until after July 1, 2023. When an inspection is completed, the inspector will collect the $100 certification fee and forward the inspection report and fee to our office using Compliance Engine. Our office will then approve the inspection report, and the certificate of operation will be emailed to the facility or facility contact.

9. How much will the license cost?

Each Licensee must pay by credit card (American Express is not accepted).  No Checks will be accepted.  Make payments to:  Elevator Payment Portal

                Elevator Contractor -      $500.00

                Elevator Inspector -        $250.00

                Elevator Mechanic -       $150.00

Each Contractor, Inspector and Mechanic must provide proof to the state fire marshal’s office of a current insurance policy issued by an insurance company authorized to do business in this state that provides general liability coverage of at least $1,000,000 for injury or death of any number of persons in any one occurrence, with coverage of at least $500,000 for property damage in any one occurrence and proof of workers compensation insurance coverage as required by Kansas law.

10. Will your office list licensed contractors, mechanics, and inspectors that have been certified?

We will have information on licensed contractors, mechanics, and inspectors on our website.   

11. Will Compliance Engine be offering training for Inspectors?

When an inspector registers with Compliance Engine, they will be able to sign up for a training webinar. Compliance Engine will offer complimentary training on Tuesday, Wednesday, and Thursday on the Compliance Engine website. The inspector can sign up for the date/time that works best for their schedule. The training will be a live webinar, so they can ask any questions they may have. To sign up for training, click on the ‘training’ link on the main Compliance Engine website.  It will ask for some basic information and then choose a date/time. After signing up, they will receive an email with the webinar link.

12. What elevator code is being enforced in Kansas?

The Kansas Legislature adopted ASME A17.1-2019.

13. Are all elevators and installations inspected to the ASME A17.1-2019 code?

In areas with no elevator equipment code in effect prior to July 2022, the annual inspection and witnessing of applicable tests shall be performed according to the code that should have been in effect when the equipment was installed.

14. What if the City or County has an Elevator program, what is the procedure?

If your city or county has an elevator program that has been approved by the OSFM, a Contractor, Mechanic, or Inspector will not be required to have a state license, as long as they do not provide service outside of that city or county.                     

License applications, installation and alteration permits, registration forms, and other information, can be found HERE.

                                                                                                                

15. How do I receive my operating certificate for my elevator?

1. Get an inspection from a state licensed inspector (of the facility’s choosing).
2. The inspector collects the $100 state certificate of operation fee, in addition to their inspection fee, and then enters the inspection report into the state database.
3. The inspection report is reviewed and approved by state elevator manager.
4. The certificate is generated and emailed out from the state database the following night after midnight to the facility and contractor.

16. Do I have to fix inspection deficiencies?

Yes. Equipment repairs are preferred over personal injuries. Civil litigation is sure to follow if a rider is injured.

17. How often is a state inspection required?

A state inspection is required annually.

18. What is the cost of an elevator inspection?

Competitive pricing drives the cost of an inspection. Costs may vary between different state licensed inspectors. So, it is recommended that a customer obtain more than one bid for conducting the inspection. Usually if a re-inspection is required, a cost is associated with the re-inspection.

19. What guidelines or procedures are required for the inspection?

To set up an inspection you must schedule a state-licensed inspector along with a licensed elevator mechanic to perform testing as required. A current list of state licensed Contractors, Mechanics and Inspectors may be found here: Elevator Safety Program | State Fire Marshal, KS

20. After completion of the inspection who do I contact to get information on how to correct any violations?

You may either contact your elevator contractor, mechanic or the inspector that conducted the inspection. The Office of the State Fire Marshal will provide written notification of the violations and notice of 30 days to comply.

21. If violations cannot be corrected within the 30-day time frame, can additional time be provided?

Yes. To request additional time, you must submit, in writing, a request for an extension with details outlining proposed dates of completion.

22. When is a re-inspection required?

A re-inspection is required on all life safety violations. This includes firefighters operation, emergency communications and signaling devices, emergency cab lighting failures and any major violations that could cause injury to a rider. 

23. How much time will I be allowed to have before I must be in compliance?

The effective date of this amendment will be established via the promulgated rule process. If additional time is needed to achieve compliance, the Elevator Safety Board will review the circumstances on a case-by-case basis to establish a reasonable time frame for the owner to achieve compliance.

24. How do I decommission an unused elevator?

A Licensed Elevator Contractor is required to perform the work as follows:

A17.1-2019: Section 8.11.1.4 (b) Installation placed Out of Service 

Section 8.11.1.4(b) (1) Electric elevator, dumbwaiter, or material lift whose suspension ropes have been removed, whose car and counterweight rest at the bottom of the hoistway, and whose hoistway doors have been permanently barricaded or sealed in the closed position on the hoistway side. 

Section 8.11.1.4(b) (2) Hydraulic elevator, dumbwaiter, or material lift whose car rest at the bottom of the hoistway; when provided with suspension ropes and counterweight, the suspension ropes have been removed and the counterweight rest at the bottom of the hoistway; whose pressure piping has been disassembled and a section removed from the premises and whose hoistway doors are permanently barricaded or sealed in the closed position on the hoistway side: 

Section 8.11.1.4(b) (3) Escalator or moving walk whose entrances have been permanently barricaded.

25. How do I know if my hydraulic elevator has a single bottom jack?

It may be difficult to make this determination; however, the elevator company you have a maintenance contract with may be able to make this determination.

26. If my elevator has a single bottom jack what are my options to ensure compliance with the ASME A17.1-2004 code.

You have three options:

1. Replace with double bottom jack.
2. Install car safety device.
3. Install a plunger gripper as a temporary fix.

27. If I select one of the options rather than replacing the single bottom jack will this prevent me from having to ever replace the single bottom jack?

No. Choosing to install the plunger grippers or the safety devices will not prevent the single bottom jack from eventually failing. The options are simply a temporary fix.

28. Who can perform work on a single bottom jack?

Any licensed elevator contractor can perform this work. 

29. Why am I being required to comply with the 2004 code?

Nationally recognized codes are implemented to address safety issues and often are in response to accidents. Failure of a single bottom jack has the potential to allow the elevator car to suddenly drop to the bottom of the hoistway causing injury to the elevator rider(s) and cause considerable damage to the elevator/structure. Due to the age of single bottom jacks, the potential for failure is more evident.

30. I have heard there may be potential of Environmental Protection Agency (EPA) regulations in connection with single bottom jacks?

Whether you have a single bottom jack or double bottom jack each contain hydraulic oil. Leakage of oil into the soil is an EPA violation and becomes costly to clean up. Due to the age of single bottom jacks, the potential for leakage is greater.

31. Why require the single bottom jack to be changed before a hydraulic oil leak occurs or the jack fails?

In addition to costs associated with changing the single bottom jack, you now have created additional costs to remove contaminated soil which can be expensive. As mentioned before, jack failure can result in the elevator car to suddenly drop risking injury to a rider(s) and cause additional damage to the elevator and structure.