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02-386
Board of Elevator and Tramway Safety
2002-2003 Regulatory Agenda

AGENCY UMBRELLA-UNIT NUMBER: 02-386
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Elevator and Tramway Safety

CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333-0035. Tel. 207-624-8605

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

As a result of P.L. 2001, c. 573, the Board intends to do a complete repeal and replace of its existing rules to conform with the new statutory provisions.

CHAPTER 1: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. §15206 and §15202
PURPOSE: The Board intends to repeal this rule and replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 2: Rules for All Elevators, Manlifts and Escalators
STATUTORY AUTHORITY: 32 M.R.S.A. §15206, §15221 and §15224
PURPOSE: The Board intends to repeal this rule and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 3: Rules for New Elevator Installations
STATUTORY AUTHORITY: 32 M.R.S.A. §15206
PURPOSE: The Board intends to repeal this rule governing new elevator construction, installation, inspection, maintenance and operation and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 4: Rules for Existing Elevator Installations
STATUTORY AUTHORITY: 32 M.R.S.A. §15206
PURPOSE: The Board intends to repeal this rule governing the maintenance, operation, use and inspection of elevators installed prior to January 1, 1984, and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 5: Rules for Escalator & Moving Walks Installations
STATUTORY AUTHORITY: 32 M.R.S.A. §15206, §15221 and §15224
PURPOSE: The Board intends repeal this rule governing the construction, installation, maintenance and operation of escalators and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 6: Rules for Manlift Installations
STATUTORY AUTHORITY: 32 M.R.S.A. §15206, §15221 and §15224
PURPOSE: The Board intends to repeal this rule governing new and existing manlift installation, maintenance, operation and inspection and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 7: Tramway Rules
STATUTORY AUTHORITY: 32 M.R.S.A. §15206, §15221 AND §15224
PURPOSE: The Board intends repeal this rule governing the construction, installation, maintenance and operation of tramways and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 8: Elevator Inspectors
STATUTORY AUTHORITY: 32 M.R.S.A. §15206, §15208, §15213, §15214, §15215, §15221
PURPOSE: The Board intends to repeal this rule governing licensure of elevator inspectors and mechanics with an inspector endorsement, as well as the requirements for elevator inspections, and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 9: Tramway Inspectors
STATUTORY AUTHORITY: 32 M.R.S.A. §15206, §15209 and §15221
PURPOSE: The Board intends to repeal this rule governing licensure of tramway inspectors, as well as the requirements for tramway inspections, and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 10: Wire Rope Inspectors
STATUTORY AUTHORITY: 32 M.R.S.A. §15206, §15209 and §15221
PURPOSE: The Board intends repeal this rule governing licensure of wire rope inspectors, as well as the requirements for wire rope inspections, and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 11: Elevator Mechanics
STATUTORY AUTHORITY: 32 M.R.S.A. §15206, §15213 and §15216
PURPOSE: The Board intends to repeal this rule governing licensure of elevator mechanics and to replace it to ensure clarity and conformity with the enabling statute.
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 15: Fees
STATUTORY AUTHORITY: 32 MRSA §15206, 15208, 15209(5)(C and D), 15215, 15216, 15224, 15225 and 15204
PURPOSE: The Board may repeal existing fee provisions in the event that OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: January, 2003.
AFFECTED PARTIES: Licensees and the board.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

NEW RULE: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15202, 15206
PURPOSE: To establish definitions consistent with Title 32, chapter 133.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, elevator and tramway owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Variances
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15204, 15206
PURPOSE: To establish the procedure to be followed when seeking a variance
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, elevator and tramway owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Board Meetings
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15205, 15206
PURPOSE: To establish the procedure for Board meetings.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, elevator and tramway owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Advisory Rulings
STATUTORY AUTHORITY: 5 M.R.S.A. § 9001; 32 M.R.S.A. § 15206
PURPOSE: To establish the requirements and guidelines to be followed for the issuance of advisory rulings.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, elevator and tramway owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: National Codes Applicable to Elevators and Tramways
STATUTORY AUTHORITY: 32 M.R.S.A. § 15206
PURPOSE: To specify the national safety codes and standards applicable to elevators and tramways installed in the State of Maine.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, elevator and tramway owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Elevators
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15221, 15224, 15228, 15229
PURPOSE: To establish state specific requirements applicable to elevators installed in the State of Maine
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, elevator owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Tramways
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15221, 15224, 15225-A, 15229
PURPOSE: To establish state specific requirements for tramways installed in the State of Maine
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, tramway owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Elevator Owners' Duties and Responsibilities
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15211, 15212, 15221, 15229
PURPOSE: To establish the general duties and responsibilities of elevator owners
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, elevator owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Tramway Owners' Duties and Responsibilities
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15211, 15212, 15221, 15229
PURPOSE: To establish the general duties and responsibilities of tramway owners
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, tramway owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Licensed Private Elevator Inspectors
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15208, 15216-C, 15221, 15226
PURPOSE: To establish the requirements for initial licensure and license renewal for private licensed elevator inspectors.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Licensed Private Tramway Inspectors
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15209, 15216-C, 15221
PURPOSE: To establish the requirements for initial licensure and license renewal for private licensed tramway inspectors.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Licensed Wire Rope Inspectors
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15209-A, 15216-C, 15221, 15226
PURPOSE: To establish the requirements for initial licensure and license renewal for private licensed wire rope inspectors.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Licensed Elevator Mechanics
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15213-15216, 15216-C
PURPOSE: To establish the requirements for initial licensure and license renewal for elevator mechanics.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Licensed Lift Mechanics
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15213-15216, 15216-C
PURPOSE: To establish the requirements for initial licensure and license renewal for lift inspectors.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, elevator owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated

NEW RULE: Elevator Contractors
STATUTORY AUTHORITY: 32 M.R.S.A. §§ 15206, 15208-A
PURPOSE: To establish the requirements for registration of elevator contractors.
ANTICIPATED SCHEDULE: January, 2003
AFFECTED PARTIES: Licensees, elevator owners and the general public
CONSENSUS-BASED DEVELOPMENT: Not Contemplated


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