Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 133. Board Of Elevator And Tramway Safety (heading. Pl 1995, C. 560, Pt. H, @14 (new); 1999, C. 386, Pt. X, @1 (amd))

USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 133. BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING. PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))

Title 32 - §15201. Declaration of policy

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15201. Declaration of policy

It is the policy of the State to protect its citizens and visitors from unnecessary mechanical hazards in the operation of elevators and tramways and to ensure that reasonable design and construction are used, that accepted safety devices and sufficient personnel are provided and that periodic maintenance, inspections and adjustments considered essential for the safe operation of elevators and tramways are made. The responsibility for design, construction, maintenance and inspection rests with the firm, person, partnership, association, corporation or company that owns elevators or tramways. [2001, c. 573, Pt. B, §1 (amd); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15202. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15202. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

1. Approved. "Approved" means as approved by the Board of Elevator and Tramway Safety. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

2. Board. "Board" means the Board of Elevator and Tramway Safety. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

2-A. Chief inspector. "Chief inspector" means an individual in the employ of the State whose duties include the examination and inspection of elevators and tramways and who has been designated as chief inspector by the Commissioner of Professional and Financial Regulation. [2001, c. 573, Pt. B, §2 (new); §36 (aff).]

3. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

4. Department. "Department" means the Department of Professional and Financial Regulation. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

4-A. Deputy inspector. "Deputy inspector" means an individual in the employ of the State whose duties include the examination and inspection of elevators and tramways under the direction of the chief inspector. [2001, c. 573, Pt. B, §2 (new); §36 (aff).]

4-B. Direct supervision. "Direct supervision" means that a helper is working in the presence of a licensed elevator or lift mechanic at all times. [2001, c. 573, Pt. B, §2 (new); §36 (aff).]

4-C. Director. "Director" means the Director of the Office of Licensing and Registration. [2001, c. 573, Pt. B, §2 (new); §36 (aff).]

5. Elevator. "Elevator" includes an escalator or a manlift and means a guided hoisting and lowering mechanism equipped with a car, platform or load-carrying unit, including doors, well, enclosures, means and appurtenances. "Elevator" does not include an inclined stairway chairlift, a conveyor, chain or bucket hoist or a tiering, piling or feeding device. For the purposes of this subsection, "inclined stairway chairlift" means a mechanized chair apparatus running on a track or rail along the side of a staircase. [2003, c. 292, §1 (amd).]

5-A. Elevator contractor. "Elevator contractor" means any person, firm, partnership, association, corporation or company engaged in the installation, sale, service, maintenance or inspection of elevators in this State. [2001, c. 573, Pt. B, §2 (new); §36 (aff).]

6. Escalator. "Escalator" means a power-driven, inclined and continuous stairway used for raising or lowering passengers. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

7. Freight elevator. [2001, c. 573, Pt. B, §3 (rp); §36 (aff).]

7-A. Helper. "Helper" means a person who is not licensed under this chapter as an elevator mechanic or lift mechanic and who assists in the installation, service or maintenance of elevators located in this State while working under the direct supervision of a licensed elevator mechanic or licensed lift mechanic. [2001, c. 573, Pt. B, §4 (new); §36 (aff).]

7-B. Licensed private elevator inspector. "Licensed private elevator inspector" or "licensed private elevator and lift inspector" means an individual who has been licensed by the board to inspect elevators pursuant to this chapter and who is not a state employee whose duty is to inspect elevators. [2001, c. 573, Pt. B, §4 (new); §36 (aff).]

8. Licensed private tramway inspector. "Licensed private tramway inspector" means an individual who has been licensed by the Board of Elevator and Tramway Safety to inspect tramways pursuant to this chapter and who is not a state employee whose duty is to inspect tramways. [2001, c. 573, Pt. B, §5 (amd); §36 (aff).]

9. Manlift. "Manlift" means a device, consisting of a power-driven, endless belt or chains, provided with steps or platforms and handholds attached to it for the transportation of personnel from floor to floor. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

10. Operator. "Operator" means the person or persons who physically operate an elevator or tramway. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

11. Owner. "Owner" means a firm, person, partnership, association, corporation or state or political subdivision that owns an elevator or tramway. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

12. Passenger elevator. [2001, c. 573, Pt. B, §6 (rp), §36 (aff).]

13. Physically handicapped person. "Physically handicapped person" means a person who has a physiological disability, infirmity, malformation, disfigurement or condition that eliminates or severely limits the person's ability to have access to the person's environment by normal ambulatory function, necessitating the use of crutches, a wheelchair or other similar device for locomotion. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

14. Skier. "Skier" means any person while wearing skis or using a snowboard and any person while actually on a ski slope or trail located at a ski area for the purpose of skiing, including a person engaged in snowboarding or cross-country, nordic or telemark skiing. [2001, c. 573, Pt. B, §7 (amd); §36 (aff).]

15. Ski area. "Ski area" means the ski slopes and trails and passenger tramways administered or operated as a single enterprise within this State. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

16. Ski industry. "Ski industry" means the activities of all ski area operators. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

17. Ski area operator. "Ski area operator" means a person or organization having operational responsibility for a ski area, including an agency or a political subdivision of this State. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

18. State inspector. [2001, c. 573, Pt. B, §8 (rp); §36 (aff).]

19. Tramway. "Tramway" means a device used to transport passengers uphill on skis or in cars on tracks or suspended in the air by the use of steel cables, chains or belts or by ropes usually supported by trestles or towers with one or more spans. "Tramway" includes the following:

A. Reversible aerial tramways, which are that class of aerial passenger tramways and lifts by which passengers are transported in carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals. This class includes:

(1) Single-reversible tramways, which are a type of reversible lift or aerial tramway having a single carrier, or single group of carriers, that moves back and forth between terminals on a single path of travel, sometimes called "to-and-fro" aerial tramways; and

(2) Double-reversible tramways, which are a type of reversible lift or aerial tramway having 2 carriers, or 2 groups of carriers, that oscillate back and forth between terminals on 2 separate paths of travel, sometimes called "jig-back" aerial tramways;
[1995, c. 560, Pt. H, §14 (new); §17 (aff).]

B. Aerial lifts and skimobiles, which are that class of aerial passenger tramways and lifts by which passengers are transported in carriers and are not in contact with the ground or snow surface, and in which the carriers circulate around a closed system and are activated by a wire rope or chain. The carriers usually make U-turns in the terminals and move along parallel and opposing paths of travel. The carriers may be open or enclosed cabins, chairs, cars or platforms. The carriers may be fixed or detachable. This class includes:

(1) Gondola lifts, which are a type of lift or aerial tramway by which passengers are transported in open or enclosed cabins. The passengers embark and disembark while the carriers are stationary or moving slowly under a controlled arrangement;

(2) Chair lifts, which are a type of lift or aerial tramway by which passengers are transported in chairs, either open or partially enclosed; and

(3) Skimobiles, which are a type of lift or aerial tramway by which passengers are transported in open or enclosed cars that ride on a rigid structural system and are propelled by a wire rope or chain;
[1995, c. 560, Pt. H, §14 (new); §17 (aff).]

C. Surface lifts, which are that class of conveyance by which passengers are propelled by means of a circulating overhead wire rope while remaining in contact with the ground or snow surface. Transportation is limited to one direction. Connection between the passengers and the wire rope is by means of a device attached to and circulating with the haul rope known as a "towing outfit." This class includes:

(1) T-bar lifts, which are a type of lift in which the device between the haul rope and passengers forms the shape of an inverted "T," propelling passengers located on both sides of the stem of the "T";

(2) J-bar lifts, which are a type of lift in which the device between the haul rope and passenger is in the general form of a "J," propelling a single passenger located on the one side of the stem of the "J"; and

(3) Platter lifts, which are a type of lift in which the device between the haul rope and passenger is a single stem with a platter or disk, attached to the lower end of the stem, propelling the passenger astride the stem of the platter or disk;
[1995, c. 560, Pt. H, §14 (new); §17 (aff).]

D. Tows, which are that class of conveyance in which passengers grasp a circulating haul rope, which may be natural or synthetic fiber or metallic, or a handle or gripping device attached to the circulating haul rope, and are propelled by the circulating haul rope. The passengers remain in contact with the ground or snow surface. The upward-traveling haul rope remains adjacent to the uphill track at an elevation that permits the passengers to maintain their grasp on the haul rope, handle or gripping device throughout the portion of the tow length that is designed to be traveled; and [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

E. Similar equipment not specified in this subsection, but conforming to at least one of the general descriptions in this subsection. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

[1995, c. 560, Pt. H, §14 (new); §17 (aff).]

20. Tramway passenger. "Tramway passenger" means a person being transported or conveyed by a tramway, waiting in the immediate vicinity for transportation or conveyance by a tramway, moving away from the disembarkation or unloading point of a tramway to clear the way for the following passengers or boarding, embarking upon or disembarking from a tramway. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15203. Retroactive effect; exception

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15203. Retroactive effect; exception

This chapter may not be construed to prevent the use or sale of elevators in this State that were being used or installed prior to January 1, 1950 and that have been made to conform to the rules of the board covering existing installations and must be inspected as provided for in this chapter. [2001, c. 573, Pt. B, §9 (amd); §36 (aff).] div>
This chapter does not apply to elevators or tramways on reservations of the Federal Government, to elevators used for agricultural purposes on farms or to elevators located or maintained in private residences, as long as they are exclusively for private use. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15204. Appeals; variances

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15204. Appeals; variances

A person aggrieved by an order or act of the chief inspector or a deputy inspector under this chapter may, within 15 days after notice of the order or act, appeal from the order or act to the board, which shall hold a hearing pursuant to Title 5, chapter 375, subchapter IV. After the hearing, the board shall issue an appropriate order either approving or disapproving the order or act. [2001, c. 573, Pt. B, §10 (amd); §36 (aff).] div>
Any person who is or will be aggrieved by the application of any law, code or rule relating to the installation or alteration of elevators or tramways may file a petition for a variance, whether compliance with that provision is required at the time of filing or at the time that provision becomes effective. The filing fee for a petition for a variance must be set by the director under section 15225-A. The chief inspector may grant a variance if, owing to conditions especially affecting the particular building or installation involved, the enforcement of any law, code or rule relating to elevators or tramways would do manifest injustice or cause substantial hardship, financial or otherwise, to the petitioner or any occupant of the petitioner's building or would be unreasonable under the circumstances or condition of the property, provided that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of that law, code or rule. In granting a variance under this section, the chief inspector may impose limitations both of time and of use, and a continuation of the use permitted may be conditioned upon compliance with rules made and amended from time to time. A copy of the decision must be sent to all interested parties. [2001, c. 573, Pt. B, §10 (amd); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15205. Board of Elevator and Tramway Safety

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15205. Board of Elevator and Tramway Safety

The Board of Elevator and Tramway Safety, as established by Title 5, section 12004-A, subsection 14, consists of 9 members, of whom 7 are appointed by the Governor. Each member holds office until a successor is duly appointed. At the expiration of each member's term, that member's successor is appointed by the Governor from the same classification in accordance with this section. If a vacancy occurs, the Governor shall appoint a member of the proper classification to serve the term of the absent member. Of the 7 members of the board appointed by the Governor, one must represent owners or lessees of elevators in the State; one must represent manufacturers of elevators; one must represent manufacturers or installers of accessibility lifts; one must be a licensed elevator mechanic; one must be a representative of a ski area operator presently operating tramways in the State; one must be a qualified licensed professional engineer who is familiar with tramway design, inspection and operation; and one must be a public member. The 8th member of the board must be a physically handicapped person appointed by the Director of the Bureau of Rehabilitation Services, subject to the approval of the Governor. The 9th member of the board must be a member of the Division of Fire Prevention appointed by the Commissioner of Public Safety. The board must annually elect a chair from its membership. Appointments are for 3-year terms. Appointments of members must comply with section 60. A member may be removed by the Governor for cause. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

1. Compensation. The appointed members of the board shall serve without salary and are entitled to compensation according to the provisions of Title 5, chapter 379. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

2. Meetings. The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Four members of the board constitute a quorum for all purposes. The board shall keep those records and minutes that are necessary to the ordinary dispatch of its function. [1999, c. 386, Pt. X, §4 (amd).]

3. Records. The board shall keep a record of the date of last inspection and the type, dimensions, age, conditions and location of all elevators and tramways to which this chapter applies. [1999, c. 386, Pt. X, §5 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15206-A. Investigations of complaints; revocation of license, registration or certificate

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15206-A. Investigations of complaints; revocation of license, registration or certificate

1. Investigations. The board shall investigate or cause to be investigated all complaints made to it and all cases of noncompliance with or violation of this chapter. These complaints must be in writing and filed with the Office of Licensing and Registration. [2001, c. 573, Pt. B, §12 (amd); §36 (aff).]

2. Suspension; revocation. The board may suspend or revoke a license, registration or certificate pursuant to Title 5, section 10004. The board may refuse to issue or renew a license, registration or certificate or the District Court may suspend or revoke a license, registration or certificate of any person, firm, partnership, association, corporation or company who holds a license, registration or certificate or any applicant for a license, registration or certificate on any of the following grounds:

A. The practice of fraud or deceit in obtaining a license, registration or certificate; [2001, c. 573, Pt. B, §12 (amd); §36 (aff).]

B. Any gross negligence, incompetency or misconduct in the licensee's job performance; [1999, c. 386, Pt. X, §7 (new).]

C. Violating any provision of this chapter or any rule of the board; or [1999, c. 386, Pt. X, §7 (new).]

D. Conviction of a crime, subject to the limitations of Title 5, chapter 341. [1999, c. 386, Pt. X, §7 (new).]

[2001, c. 573, Pt. B, §12 (amd); §36 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15206. Powers and duties of board

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15206. Powers and duties of board

The board shall administer, coordinate and enforce this chapter and has the following powers and duties in addition to those otherwise set forth in this chapter. [1999, c. 386, Pt. X, §6 (rpr).]

1. Rules. The board shall, in accordance with Title 5, chapter 375, adopt rules to implement the purposes of this chapter, including rules for the safe and proper construction, installation, alteration, repair, use, operation and inspection of elevators and tramways in the State. The rules must include standards for the review and audit of inspections performed by licensed private elevator inspectors not employed by the State. The rules must conform as nearly as practicable to the established standards as approved by the American National Standards Institute. Rules adopted by the board under this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. The board shall publish and distribute among elevator and tramway owners, lessees, manufacturers, repair companies and others requesting them copies of the rules as adopted by the board, at a cost sufficient only to cover the printing and mailing expenses of distribution, except those rules that are American National Standards Institute standards, which must be obtained from the publisher. [2001, c. 573, Pt. B, §11 (amd); §36 (aff).]

2. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise considered necessary to the fulfillment of its responsibilities under this chapter. The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, as long as the request for a hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the applicant's right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375 to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts. [1999, c. 386, Pt. X, §6 (new).]

3. Contracts. The board may enter into contracts to carry out its responsibilities under this chapter. [1999, c. 386, Pt. X, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15207. Appointment of state inspectors (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15207. Appointment of state inspectors (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15208-A. Registration of elevator contractors

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15208-A. Registration of elevator contractors

Any person, firm, partnership, association, corporation or company engaged in the installation, sale, service, maintenance or inspection of elevators in this State shall register with the board annually. The registration must be submitted on a form provided by the board and must include the names and addresses of all licensed private inspectors, licensed mechanics and all helpers employed by the elevator contractor. An elevator contractor shall notify the board of any change in the information required under this section within 30 days of the change. The required fee for registration must be set by the director under section 15225-A. [2001, c. 573, Pt. B, §14 (new); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15208. Examination of private elevator and lift inspectors; licenses and renewals

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15208. Examination of private elevator and lift inspectors; licenses and renewals

The board shall set standards necessary for the licensure and renewal of private elevator and lift inspectors. The board may adopt rules relating to the qualifications for licensure and renewal of private elevator and lift inspectors, including requirements for examination and continuing education. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. The fee for applications, examinations, licenses and renewals must be established by the director pursuant to section 15225-A and Title 10, section 8003, subsection 2-A, paragraph D. Licenses are issued for a period of one year. [2001, c. 573, Pt. B, §13 (rpr); §36 (aff).] div>
An elevator contractor or a person who is licensed as a private elevator and lift inspector who services an elevator or lift equipment may not inspect that elevator or lift equipment within 12 months from the date of servicing that elevator or lift equipment. [2001, c. 573, Pt. B, §13 (rpr); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15209-A. Private wire rope inspectors; licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15209-A. Private wire rope inspectors; licenses

The board shall license an applicant as a private wire rope inspector, who may perform the inspections required for each tramway equipped with wire rope, if that applicant has a total of 5 years' experience in wire rope manufacture, installation, maintenance or inspection. A private wire rope inspector's license is issued for a period of one year. The license fee must be set by the director under section 15225-A. [2001, c. 573, Pt. B, §16 (amd); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15209. Examination of private tramway inspectors; licenses

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15209. Examination of private tramway inspectors; licenses

The board shall license an applicant as a private tramway inspector, who may perform the inspections required on tramways, if that applicant: [2001, c. 573, Pt. B, §15 (amd); §36 (aff).]

1. Registration. Is a professional engineer with a current valid registration in some state. If an applicant for a private tramway inspector's license demonstrates to the board that the applicant possesses more than 6 years' experience in the construction, design, inspection and operation of tramways, this registration requirement may be waived by the board; [2001, c. 573, Pt. B, §15 (amd); §36 (aff).]

2. Experience. Has considerable experience in the construction, design or maintenance of tramways; [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

3. Experience in inspecting. Has 4 years' experience inspecting tramways while working for an insurance company, a government agency or a company performing tramway or similar equipment inspections; [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

4. Capability and aptitude. Has the physical capability and aptitude to perform the duties of a private tramway inspector in a safe and thorough manner; and [2001, c. 573, Pt. B, §15 (amd); §36 (aff).]

5. Examination. Has sufficient experience and knowledge to achieve a satisfactory rating in an examination designed to test the applicant's knowledge of orders and principles of tramway safety. When an applicant for a private tramway inspector's license demonstrates more than 6 years' experience in the construction, design, inspection and operation of tramways, the provisions for examination must be waived.

A. The examination for a licensed private tramway inspector must be given by the chief inspector or by 2 or more examiners appointed by the chief inspector. The examination must be written, in whole or in part, and must be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and must be of uniform standard throughout the State. [2001, c. 573, Pt. B, §15 (amd); §36 (aff).]

B. [2001, c. 573, Pt. B, §15 (rp); §36 (aff).]

C. A private tramway inspector's license is issued for a period of one year. The license fee must be set by the director under section 15225-A. [2001, c. 573, Pt. B, §15 (amd); §36 (aff).]

D. Applications for examination and license must be on forms furnished by the board. The examination fee for a private tramway inspector's license must be set by the director under section 15225-A. [2001, c. 573, Pt. B, §15 (amd); §36 (aff).]

[2001, c. 573, Pt. B, §15 (amd); §36 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15210. Revocation of private tramway or elevator inspector's license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15210. Revocation of private tramway or elevator inspector's license

The board may revoke a private tramway, elevator or lift inspection license or remove inspection endorsements from an elevator or lift mechanic's license for the following causes: [2001, c. 573, Pt. B, §17 (amd); §36 (aff).]

1. Failure to submit true reports. For failure to submit true reports concerning the conditions of a tramway or elevator or for conduct determined by the board to be contrary to the best interests of tramway or elevator safety or the board; [2001, c. 573, Pt. B, §17 (amd); §36 (aff).]

2. Physical infirmities. For physical infirmities that develop to a point at which it appears that an inspector or mechanic is no longer able to perform the required duties in a thorough and safe manner; or [2001, c. 573, Pt. B, §17 (amd); §36 (aff).]

3. Failure to comply with chapter or rules. Failure to comply with any provision of this chapter or any rule adopted by the board. Rules adopted by the board pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 573, Pt. B, §17 (new); §36 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §15211. Notice of accidents

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15211. Notice of accidents

1. Reporting accidents. Each elevator or tramway accident that is caused by equipment failure or results in significant injury to a person or results in substantial damage to equipment must be reported by the owner or lessee to the chief inspector in accordance with the board's rules. [2001, c. 573, Pt. B, §18 (new); §36 (aff).]

2. Revocation of certificate. When an elevator or tramway accident as described in subsection 1 occurs, the inspection certificate for the involved elevator or tramway may be summarily revoked in accordance with and subject to the standards and limitations of Title 5, section 10004, pending decision on any application with the District Court for a further suspension. [2001, c. 573, Pt. B, §18 (new); §36 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15212. Examination of accidents

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15212. Examination of accidents

The chief inspector may examine or cause to be examined the cause, circumstances and origin of all elevator or tramway accidents within the State. Upon request, the chief inspector shall furnish to the proper district attorney the names of witnesses and all information obtained. [2001, c. 573, Pt. B, §19 (amd); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15213. Elevator or lift mechanics; license; definition

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15213. Elevator or lift mechanics; license; definition

A person may not service, repair, alter or install any elevator unless that person is licensed as an elevator or lift mechanic under this chapter. Elevator work in industrial plants and manufacturing plants may be performed by plant personnel who are not licensed under this chapter if the work is supervised by the plant engineer and performed in compliance with rules adopted by the board. [2001, c. 573, Pt. B, §20 (amd); §36 (aff).] div>
The word "elevator," as used in this chapter, includes all electrical equipment, wiring, steelwork and piping in the elevator machine room, hoistway and pit pertaining to the operation and control of an elevator, except power feeders and required power equipment up to the control panel, heating, lighting, ventilation and drainage equipment. [2001, c. 573, Pt. B, §20 (amd); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15214. Issuance; qualifications

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15214. Issuance; qualifications

The board shall issue an elevator or lift mechanic's license to any applicant who has at least 2 years' experience in the service, repair, alteration or installation of elevators and lifts while employed by an elevator company, or has equivalent experience as defined by rules of the board, and meets the requirements established pursuant to section 15216. [2001, c. 573, Pt. B, §21 (amd); §36 (aff).] div>
A licensed elevator or lift mechanic may not have more than 2 helpers under direct supervision. These helpers need not be licensed. [1999, c. 386, Pt. X, §14 (amd).] div>
A licensed elevator or lift mechanic shall comply with the provisions of this chapter and the rules adopted by the board. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 573, Pt. B, §21 (amd); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15215. Inspector endorsement to elevator or lift mechanic's license (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15215. Inspector endorsement to elevator or lift mechanic's license (REPEALED)

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Office of the Revisor of Statutes
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Title 32 - §15216-A. Application fee (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15216-A. Application fee (REPEALED)

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Office of the Revisor of Statutes
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Title 32 - §15216-B. Wire rope inspectors; licenses (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15216-B. Wire rope inspectors; licenses (REPEALED)

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Office of the Revisor of Statutes
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Title 32 - §15216-C. License renewal

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15216-C. License renewal

Any license issued under this chapter is renewable upon satisfaction of the applicable requirements for renewal and payment of the required fee set by the director under section 15225-A. The expiration dates for licenses issued under this chapter may be established at such other times as the commissioner may designate. The board shall notify persons licensed under this chapter of the date of expiration of the license and the fee required for its renewal. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license. [2001, c. 573, Pt. B, §25 (amd); §36 (aff).] div>
A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion waive the examination and other requirements. The board may levy penalties for nonrenewal in an amount not to exceed $100. Notwithstanding any other provision of this chapter, the board shall waive the examination if a renewal application is made within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who failed to renew that person's license because that person was on active duty in the Armed Forces; except that the waiver of examination may not be granted if the person served a period of more than 4 years in the Armed Forces, unless that person is required by some mandatory provision to serve a longer period and that person submits satisfactory evidence of this mandatory provision to the board. [2001, c. 573, Pt. B, §25 (amd); §36 (aff).]
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Office of the Revisor of Statutes
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Title 32 - §15216. Examination of elevator or lift mechanics; applications; licenses; renewals

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15216. Examination of elevator or lift mechanics; applications; licenses; renewals

The board shall set standards necessary for the licensure and renewal of elevator or lift mechanics. The board may adopt rules relating to the qualifications for licensure and renewal of elevator or lift mechanics, including requirements for examination and continuing education. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. The fee for applications, examinations, licenses and renewals must be established by the director pursuant to section 15225-A and Title 10, section 8003, subsection 2-A, paragraph D. Licenses are issued for a period of one year. [2001, c. 573, Pt. B, §23 (rpr); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15217. Skiers' and tramway passengers' responsibilities

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15217. Skiers' and tramway passengers' responsibilities

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Inherent risks of skiing" means those dangers or conditions that are an integral part of the sport of skiing, including, but not limited to: existing and changing weather conditions; existing and changing snow conditions, such as ice, hardpack, powder, packed powder, slush and granular, corn, crust, cut-up and machine-made snow; surface or subsurface conditions, such as dirt, grass, bare spots, forest growth, rocks, stumps, trees and other natural objects and collisions with or falls resulting from such natural objects; lift towers, lights, signs, posts, fences, mazes or enclosures, hydrants, water or air pipes, snowmaking and snow-grooming equipment, marked or lit trail maintenance vehicles and snowmobiles, and other man-made structures or objects and their components, and collisions with or falls resulting from such man-made objects; variations in steepness or terrain, whether natural or as a result of slope design; snowmaking or snow-grooming operations, including, but not limited to, ski jumps, roads and catwalks or other terrain modifications; the presence of and collisions with other skiers; and the failure of skiers to ski safely, in control or within their own abilities. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

B. "Skiing" means the use of a ski area for snowboarding or downhill, telemark or cross-country skiing; for sliding downhill on snow or ice on skis or a toboggan, sled, tube, snowboard or any other device; or for similar uses of the ski slopes and trails. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

C. "Skier" means any person at a ski area who participates in any of the activities described in paragraph B. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

[1995, c. 560, Pt. H, §14 (new); §17 (aff).]

2. Acceptance of inherent risks. Because skiing as a recreational sport, and the use of passenger tramways associated with skiing, may be hazardous to skiers or passengers, regardless of all feasible safety measures that may be taken, each person who participates in the sport of skiing accepts, as a matter of law, the risks inherent in the sport and, to that extent, may not maintain an action against or recover from the ski area operator, or its agents, representatives or employees, for any losses, injuries, damages or death that result from the inherent risks of skiing. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

3. Warning notice. A ski area operator shall post and maintain at the ski area where the lift tickets and ski school lessons are sold and at the loading point of each passenger tramway signs that contain the following warning notice: WARNING:
p align="center">Under Maine law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including, but not limited to: existing and changing weather conditions; existing and changing snow conditions, such as ice, hardpack, powder, packed powder, corn, crust and slush and cut-up, granular and machine-made snow; surface or subsurface conditions, such as dirt, grass, bare spots, rocks, stumps, trees, forest growth or other natural objects and collisions with such natural objects; lift towers, lights, signs, posts, fences, mazes or enclosures, hydrants, water or air pipes, snowmaking and snow-grooming equipment, marked or lit trail maintenance vehicles and snowmobiles, and other man-made structures or objects; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including, but not limited to, ski jumps, roads and catwalks or other terrain modifications; the presence of and collisions with other skiers; and the failure of skiers to ski safely, in control or within their own abilities. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

4. Duty to ski within limits of ability. A skier has the sole responsibility for knowing the range of the skier's own ability to negotiate any slope or ski trail, and it is the duty of the skier to ski within the limits of the skier's own ability, to maintain control of the rate of speed and the course at all times while skiing, to heed all posted and oral warnings and instructions by the ski area operator and to refrain from acting in a manner that may cause or contribute to the injury of the skier or others. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

5. Responsibility for collisions. The responsibility for a collision between any skier while skiing and any person or object is solely that of the skier or skiers involved in the collision and not the responsibility of the ski area operator or its agents, representatives or employees. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

6. Liability. A ski area operator or its agents, representatives or employees are not liable for any loss, injury, damage or death resulting from the design of the ski area. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

7. Provision of name and current address required. A skier involved in, causing or contributing to a collision or other accident at a ski area that results in a fall or injury may not leave the vicinity of the collision or accident before giving that skier's name and current address to an employee or representative of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision, in which case the person leaving the scene of the collision shall give that skier's name and current address after securing such aid. A ski area operator, or its agents, representatives or employees, is not liable for a skier's failure to provide that skier's name and address or for leaving the vicinity of an accident or collision. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

8. Actions not prohibited. This section does not prevent the maintenance of an action against a ski area operator for:

A. The negligent operation or maintenance of the ski area; or [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

B. The negligent design, construction, operation or maintenance of a passenger tramway. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

[1995, c. 560, Pt. H, §14 (new); §17 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15218. Duties of skiers and tramway passengers; acts prohibited

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15218. Duties of skiers and tramway passengers; acts prohibited

A person engaged in skiing or riding on a tramway may not: [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

1. Embark or disembark from tramway except as designated. Embark or disembark from any tramway, except at a designated area; [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

2. Throw or expel objects from tramway. While riding on any tramway or similar device, throw or expel any object or do any act or thing that interferes with the running of that tramway; [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

3. Engage in harmful conduct. While riding on any tramway, willfully engage in any type of conduct that will contribute to or cause injury to any person, or to the tramway, or willfully place any object in the uphill ski track that will cause injury to any person or cause damage to or derailment of the tramway; [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

4. Closed trails. Ski or otherwise use a slope or trail that has been designated "closed" by the operator without written permission of the operator or the operator's designee; [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

5. Removal or destruction of signs. Remove, alter, deface or destroy any sign or notice placed in the ski area or on the trail by the operator; or [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

6. Out-of-bounds areas. Ski or otherwise use any portion of the ski area that is not a part of a regular network of trails or areas open to the public, including wooded areas between trails, undeveloped areas and all other portions not open to the public, if the operator has properly posted these areas as being closed to public access. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15219. Hang gliding

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15219. Hang gliding

Hang gliding is also recognized as a hazardous sport. Therefore, a person who is hang gliding is deemed to have assumed the risk and legal responsibility for any injury to the hang glider's person or property in the same manner and to the same extent as skiers under this chapter. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15220. Penalties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15220. Penalties

1. Verbal warning; forfeiture of lift ticket. Any owner, manager or employee of any ski area, who finds a person in violation of section 15218, may first issue a verbal warning to that individual or suspend the individual's lift use privileges. Any person who fails to heed the warning issued by the ski area owner, manager or employee shall forfeit the ski lift ticket and ski lift use privileges and must be refused issuance of another lift ticket and is liable for any damages to the tramway and its incidental equipment that have been caused by the individual's misconduct. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

2. Cost of rescue operation. When it is necessary to commence a rescue operation as a result of a violation of section 15218, subsection 6, any person who has committed the violation is liable for the cost of that rescue operation. [1995, c. 560, Pt. H, §14 (new); §17 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15221. Inspection of elevators and tramways

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15221. Inspection of elevators and tramways

1. Fees; inspection certificate. Each elevator or tramway proposed to be used within this State must be thoroughly inspected by either the chief inspector, a deputy inspector or a licensed private elevator or tramway inspector and, if found to conform to the rules of the board, the board shall issue to the owner an inspection certificate. Fees for inspection and certification of elevators and tramways must be set by the director under section 15225-A and must be paid by the owner of the elevator or tramway. The certificate must specify the maximum load to which the elevator or tramway may be subjected, the date of its issuance and the date of its expiration. The elevator certificate must be posted in the elevator and the tramway certificate at a conspicuous place in the machine area. [2001, c. 573, Pt. B, §26 (amd); §36 (aff).]

2. Scheduled inspections. The owner of an elevator shall have the elevator inspected annually by a licensed private elevator inspector, the chief inspector or a deputy inspector. The owner of a tramway shall have the tramway inspected by a licensed private tramway inspector, the chief inspector or a deputy inspector twice each year. One tramway inspection must be made when weather conditions permit a complete inspection of all stationary and moving parts. The 2nd tramway inspection must be made while the tramway is in operation. [2001, c. 573, Pt. B, §26 (amd); §36 (aff).]

3. Temporary suspension of inspection certificate; condemnation card. When, in the inspector's opinion, the elevator or tramway can not continue to be operated without menace to the public safety, the chief inspector or deputy inspector may temporarily suspend an inspection certificate in accordance with Title 5, section 10004 and post or direct the posting of a red card of condemnation at every entrance to the elevator or tramway. The condemnation card is a warning to the public and must be of such type and dimensions as the board determines. The suspension continues, pending decision on any application with the District Court for a further suspension. The condemnation card may be removed only by the inspector posting it or by the chief inspector. [2001, c. 573, Pt. B, §26 (amd); §36 (aff).]

4. Special certificate; special conditions. When, upon inspection, an elevator or tramway is found by the inspector to be in reasonably safe condition but not in full compliance with the rules of the board, the inspector shall certify to the chief inspector the inspector's findings and the chief inspector may issue a special certificate, to be posted as required in this section. This certificate must set forth any special conditions under which the elevator or tramway may be operated. [1999, c. 386, Pt. X, §18 (amd).]

5. Inspection reports. Licensed private tramway and elevator inspectors shall submit inspection reports to the owner on a form provided by the board within 15 working days from the date of the inspection. [2001, c. 573, Pt. B, §26 (amd); §36 (aff).]

6. Follow-up inspections. All follow-up inspections necessary to enforce compliance must be performed by either the chief inspector or a deputy inspector. A fee set by the director under section 15225-A must be charged for those follow-up inspections. [2001, c. 573, Pt. B, §26 (amd); §36 (aff).]

7. Certificate not transferable. An inspection certificate may not be transferred to any other person, firm, corporation or association. If ownership of an elevator or tramway is transferred, the new owner must apply for a new inspection certificate as required by section 15229, subsection 7. [2001, c. 573, Pt. B, §26 (new); §36 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15222. Condemned elevators and tramways not to be operated

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15222. Condemned elevators and tramways not to be operated

An elevator or tramway that has been condemned under section 15221 may not be operated in this State. Any person who owns or operates or causes to be operated for other than repair or corrective purposes an elevator or tramway in violation of this section commits a Class E crime and must be punished by a fine of not more than $500 or by imprisonment for not more than 6 months, or by both. [1995, c. 560, Pt. H, §14 (new); §17 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15223. Criminal operation of elevator or tramway

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15223. Criminal operation of elevator or tramway

1. Prohibition. An owner of an elevator or tramway is guilty of criminal operation of an elevator or tramway if that owner operates that elevator or tramway without a current and valid inspection certificate. [2001, c. 573, Pt. B, §27 (new); §36 (aff).]

2. Strict liability. Criminal operation of an elevator or tramway is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2001, c. 573, Pt. B, §27 (new); §36 (aff).]

3. Specific number of days of criminal operation. Each day of criminal operation does not constitute a separate crime. [2001, c. 573, Pt. B, §27 (new); §36 (aff).]

4. Class of crime; enhanced fine. Criminal operation of an elevator or tramway is a Class E crime. However, notwithstanding Title 17-A, section 1301, subsection 1-A, paragraph E or Title 17-A, section 1301, subsection 3, paragraph E, the court may impose an enhanced fine. The fine amount above that authorized under Title 17-A, section 1301 is based solely on the number of days of criminal operation pleaded and proved by the State. For each day of criminal operation pleaded and proved, the court may increase the fine amount by up to $100 for each of those days. [2001, c. 573, Pt. B, §27 (new); §36 (aff).]

5. Imposition of sentence without enhanced fine. Nothing in subsection 3 or 4 may be construed to restrict a court, in imposing any authorized sentencing alternative, including a fine in an amount authorized under Title 17-A, section 1301, subsection 1-A, paragraph E or Title 17-A, section 1301, subsection 3, paragraph E, from considering the number of days of illegal operation, along with any other relevant sentencing factor, which need not be pleaded or proved by the State. [2001, c. 573, Pt. B, §27 (new); §36 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15224. Installation of new elevators and tramways; fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15224. Installation of new elevators and tramways; fees

Detailed plans or specifications of each new or altered elevator or tramway must be submitted to and approved by the chief inspector before the construction may be started. Fees for examination of the plans or specifications must be set by the director under section 15225-A. [2001, c. 573, Pt. B, §28 (amd); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15225-A. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15225-A. Fees

The director, pursuant to Title 10, section 8003, subsection 2-A, paragraph D, may establish by rule fees authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, subject to the following limitations. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

1. Annual inspection or special inspection of elevators; fee. The fee for each annual or special inspection of elevators may not exceed $100, plus $10 for each landing. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

2. Annual inspection of tramways; fee. The annual fee for the required inspections of tramways may not exceed $200. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

3. Application fee. The fee for an application may not exceed $25. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

4. Examination. The fee for examination for licensure may not exceed $100. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

5. Initial inspection of elevators. The initial inspection of elevators must be made by the chief inspector or a deputy inspector or the commissioner's designee, and the fee for the initial inspection of each new or altered elevator may not exceed $500, plus expenses. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

6. Initial inspection of tramways; fee. The initial inspection of tramways must be made by the chief inspector or a deputy inspector or the commissioner's designee or a licensed private tramway inspector and the fee for the initial inspection of each new or altered tramway may not exceed $500, plus expenses. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

7. Inspection certificate fee. The inspection certificate fee may not exceed $100. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

8. Late inspection certificate fee. The late inspection certificate fee may not exceed $250. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

9. License or registration. The fee for licensure may not exceed $100 per year. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

10. Renewal of license, registration or inspection certificate. The fee for renewal of a license, registration or inspection certificate may not exceed $100 per year. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]

11. Review of plans. The fee for review of elevator plans may not exceed $5 per $1,000 of valuation as covered by the blueprints, except that the minimum fee for a review may not be less than $35 and the maximum fee may not be more than $100. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]
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The fee for any other authorized purpose not specified in this section may not exceed $100. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 573, Pt. B, §30 (new); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15225. Inspection fees (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15225. Inspection fees (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15226. Reports by inspectors

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15226. Reports by inspectors

A deputy inspector or licensed private inspector shall make a full report to the chief inspector, giving all data required by the rules adopted by the board and shall report to the chief inspector and to the owner all defects found and all noncompliances with the rules. When any serious infraction of the rules is found by a deputy inspector or licensed private inspector and that infraction is, in the opinion of the inspector, dangerous to life, limb or property, the inspector shall report that infraction immediately to the chief inspector. [2001, c. 573, Pt. B, §31 (amd); §36 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15227. Powers of chief inspector

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15227. Powers of chief inspector

The board is authorized to investigate all elevator and tramway accidents that result in injury to a person or in damage to the installation. [1995, c. 560, Pt. H, §14 (new); §17 (aff).] div>
The chief inspector is authorized: [1999, c. 386, Pt. X, §22 (amd).]

1. Enforce laws and rules. To enforce the laws of the State governing the use of elevators and tramways and to enforce adopted rules of the board; [1995, c. 560, Pt. H, §14 (new); §17 (aff).]

2. Free access to premises or location. To provide free access for deputy inspectors, including the chief inspector, at all reasonable times to any premises in the State where an elevator or tramway is installed or is under construction for the purpose of ascertaining whether that elevator or tramway is installed, operated, repaired or constructed in accordance with this chapter; [2001, c. 573, Pt. B, §32 (amd); §36 (aff).]

3. Supervise inspectors. To allocate and supervise the work of deputy inspectors; [2001, c. 573, Pt. B, §33 (amd); §36 (aff).]

4. Certificates. To issue and temporarily suspend certificates allowing elevators and tramways to be operated pursuant to Title 5, chapter 375; [2001, c. 573, Pt. B, §33 (amd); §36 (aff).]

5. Examinations. To hold examinations and establish the fitness of applicants to become licensed private elevator or tramway inspectors or elevator mechanics, and to issue certificates or licenses to those persons who have successfully passed required examinations and been approved by the board as licensed private elevator or tramway inspectors or elevator mechanics; and [2001, c. 573, Pt. B, §33 (amd); §36 (aff).]

6. Take uninspected or unrepaired elevators and tramways out of service. To take an elevator or tramway out of service in accordance with Title 5, section 10004 if an inspection report has not been submitted to the board within 60 days of the expiration of the most recent certificate or if the owner has failed to make repairs as required by the board. This power is in addition to the chief inspector's powers under section 15221, subsection 3. [2001, c. 573, Pt. B, §34 (new); §36 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15228. Elevator size

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15228. Elevator size

1. Requirements. Notwithstanding section 15206, whenever a passenger elevator is installed in a building being newly constructed or in a new addition that extends beyond the exterior walls of an existing building, the passenger elevator must reach all levels within the building and be of sufficient size to allow the transport of a person on an ambulance stretcher in the fully supine position, without having to raise, lower or bend the stretcher in any way. This requirement applies to all plans approved by the board after January 1, 2002. The board shall adopt rules necessary to carry out the provisions of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 178, §1 (new).]

2. Applicability. This section applies only to multi-story buildings that house private entities or nonprofit organizations that serve the public or are places of public accommodation. Notwithstanding Title 5, section 4553, subsection 8, places of public accommodation include restaurants, cafes, hotels, inns, banks, theaters, motion picture houses, bars, taverns, night clubs, country clubs, convention centers, retail stores, shopping centers, hospitals, private schools, day care centers, senior citizen centers, doctor offices, professional offices, manufacturing facilities, apartment buildings, condominiums, state facilities or any private establishment that in fact caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from, the general public. This section does not apply to any building owned by a local unit of government. [2001, c. 178, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §15229. Duties of owners of elevators or tramways

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: BOARD OF ELEVATOR AND TRAMWAY SAFETY (HEADING: PL 1995, c. 560, Pt. H, @14 (new); 1999, c. 386, Pt. X, @1 (amd))
§15229. Duties of owners of elevators or tramways

1. Owner responsibility. The responsibility for design, construction, maintenance and inspection of an elevator or tramway rests with the person, firm, partnership, association, corporation or company that owns the elevator or tramway. [2001, c. 573, Pt. B, §35 (new); §36 (aff).]

2. Obtain inspection certificate. The owner of an elevator or tramway shall submit an annual application for an annual inspection certificate together with the inspection report within 30 business days of the inspection and prior to the expiration of the current certificate. The application must be on a form provided by the board and must be accompanied by the required fee set by the director under section 15225-A. A late fee set by the director under section 15225-A may be assessed for failure to submit the application and inspection report in a timely manner. [2001, c. 573, Pt. B, §35 (new); §36 (aff).]

3. Failure to qualify for inspection certificate. The owner of an elevator or tramway that does not qualify for an inspection certificate shall take the elevator or tramway out of operation until the required repairs have been made and a new inspection certificate has been issued. [2001, c. 573, Pt. B, §35 (new); §36 (aff).]

4. Notify board when required repairs made. The owner of an elevator or tramway shall notify the board when required repairs have been made and provide the board with satisfactory evidence of completion. [2001, c. 573, Pt. B, §35 (new); §36 (aff).]

5. Elevator or tramway declared idle or placed out of service. The owner of an elevator or tramway that has been declared idle or placed out of service in accordance with rules adopted by the board shall notify the board within 30 days of declaring the elevator or tramway idle. [2001, c. 573, Pt. B, §35 (new); §36 (aff).]

6. Removal. The owner of an elevator or tramway shall notify the board within 30 days of the removal of the elevator or tramway. [2001, c. 573, Pt. B, §35 (new); §36 (aff).]

7. Change of ownership. The owner of record of an elevator or tramway shall notify the board of a transfer of ownership of an elevator within 30 days of such transfer. The new owner shall apply, on a form provided by the board, for a new inspection certificate that will be issued without the need for an additional inspection for the remainder of the term of the current certificate. A fee for issuance of a new inspection certificate may be set by the director under section 15225-A. [2001, c. 573, Pt. B, §35 (new); §36 (aff).]

8. Failure to comply. In addition to the remedies available under this chapter, an owner who fails to comply with the provisions of this chapter or rules adopted by the board is subject to the provisions of Title 10, section 8003, subsection 5 whether or not the elevator or tramway has a current inspection certificate, except that, notwithstanding Title 10, section 8003, subsection 5, paragraph A-1, subparagraph 3, a civil penalty of up to $3,000 may be imposed for each violation. [2001, c. 573, Pt. B, §35 (new); §36 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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