230 Neb. Admin. Code, ch. 1, § 2

Current through September 17, 2024

Section 230-1-2 - Definitions

For purposes of these regulations, the following definitions apply:

A. "Act" refers to the Conveyance Safety Act, Neb. Rev. Stat. §§ 48-2501 et seq.

B. "Alteration" means any change to equipment other than routine maintenance, repair or replacement, as these terms are defined herein.

C. "Applicant" shall mean the same as "person" under the Conveyance Safety Act, at Neb. Rev. Stat. § 48-2502(7).

D. "Approved Alternative" means any method, element, material, process or use in the construction, design, operation, inspection, testing, maintenance, alteration, or repair of conveyances subject to the jurisdiction of the commissioner and not otherwise exempted by statute, for which written approval is issued by the commissioner or, upon designation, by the state elevator inspector, subject to a showing of good cause and a showing that the safety of the users of the conveyance will not be compromised by the approved alternative.

E. "Certificate of inspection" means a document issued by the state elevator inspector certifying that a conveyance has been inspected and has met the statutory and regulatory requirements, that it is in a safe and satisfactory condition and is properly constructed and maintained, and may be put into operation or to continue to operate in this State.

F. "Commissioner" means the Commissioner of Labor of the Nebraska Department of Labor.

G. "Conveyance Advisory Committee" means the committee created by the Conveyance Safety Act, which has the membership, powers and duties in accordance with the Act, at Neb. Rev. Stat. §§ 48-2503 and 48-2504.

H. "Conveyances" means the following equipment, including their associated parts and hoistways, that are not exempted from the Conveyance Safety Act by Neb. Rev. Stat. § 48-2508:

1. Hoisting and lowering mechanisms equipped with a car which moves between two or more landings, including elevators;

2. Power driven stairways and walkways for carrying persons between landings, including:

a. Escalators; and

b. Moving sidewalks;

3. Hoisting and lowering mechanisms equipped with a car, which serve two or more landings and is restricted to the carrying of material by its limited size or limited access to the car, including:

a. Dumbwaiters;

b. Material lifts and dumbwaiters with automatic transfer devices; and

c. Conveyors and related equipment within the scope of American Society of Mechanical Engineers B 20.1.

I. (REPEALED)

J. "Emergency Elevator Mechanic License" means a license issued by the state elevator inspector to an individual, not currently licensed as an elevator mechanic, who meets certain qualifications specified in these regulations, when sufficient proof has been provided to the state elevator inspector by a licensed elevator contractor, employer or other person, that an emergency exists in the State due to natural disaster, work stoppage, or similar significant event, and the number of persons in the State holding elevator mechanic licenses is insufficient to cope with the emergency.

K. "Independent" means, except within the scope of his or her employment with the state agency, not dependent; not influenced by the thought or action of others; free from the influence, guidance, or control of another or others; not dependent on or affiliated with a larger or controlling entity, group or system.

L. "Inspection" means a careful examination by the state elevator inspector of conveyances in this state under the statutory authority set out in §001(A) of these regulations, as well as the regulations enacted thereunder. Inspection may include an examination of parts and equipment of a conveyance, its operation, the process and procedures of its installation and repair, any alterations made after installation, the building or structure in which the conveyance is housed, documentation, records and blueprints related to the conveyance, and any other matter deemed necessary by the elevator inspector to assure that the conveyance is in a safe and satisfactory condition and is properly constructed and maintained. Inspection shall include:

1. Preliminary inspection: any examination or review conducted by the elevator inspector outside the site or physical location of the conveyance.

2. Initial inspection: the first inspection that has been conducted by the state elevator inspector at the site or physical location of a conveyance.

3. Annual inspection: the inspection required by Neb. Rev. Stat. § 48-2513.

4. Special inspection: any inspection requested of the elevator inspector by the owner or user of the conveyance.

M. "Interested Person" means a person who can demonstrate a specific and legally recognizable interest in the subject matter of an administrative action, and who can show that he, she or it has been directly and substantially affected by the decision.

N. "Licensed Elevator Contractor" means any person who is engaged in the business of contracting services for erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining conveyances, who has obtained a license from the Commissioner of Labor, and who has the qualifications, powers and duties prescribed by the Act.

O. "Licensed Elevator Mechanic" means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing, or maintaining conveyances; and who has obtained a license from the Commissioner of Labor, and who has the qualifications, powers and duties prescribed by the Act.

P. "Machinery space" means a space inside or outside of the hoistway that contains the conveyance mechanical equipment, and may contain electrical equipment, including the electric driving machine or hydraulic machine.

Q. "Repair" means the restoration of existing parts to meet conveyance code standards existing at the time the conveyance was installed.

R. "Replacement" means the substitution of a part in its entirety with another part, which is the same as, or substantially the same as, the part being replaced, and which meets the conveyance code standards existing at the time the conveyance was installed.

S. "Substantial Alteration" means any alteration to a conveyance covered by these regulations whose cost exceeds fifteen hundred dollars ($1,500.00).

T. "Temporary Elevator Mechanic License" means a license issued by the state elevator inspector to an individual, not currently licensed as an elevator mechanic, who meets certain qualifications specified in these regulations, when sufficient proof has been provided to the state elevator inspector by a licensed elevator contractor, employer or other person, of a short-term immediate need for additional elevator mechanics.

230 Neb. Admin. Code, ch. 1, § 2

Amended effective 6/7/2017.