Section Lab 1304.03 - Investigation(a) If the information supplied pursuant to Lab 1304.02 is unclear, the department shall contact the owner named on the inspection report or the elevator company named on the inspection report or any witnesses or injured parties named on the inspection report to obtain clarification of the information.(b) The department shall further investigate the reported accident by taking the following actions: (1) After a review of the accident report the department shall make a record of the report and take no further action if it is determined that:a.The accident was not a result of equipment failure;b.The accident did not result in any damage to the equipment; andc.The accident did not result in bodily injury to a person;(2) If the elevator inspector's findings submitted in accordance with Lab 1304.02(a)(15)c show that a code violation exists that will, more likely than not, cause another accident if not corrected immediately, the commissioner shall authorize the elevator inspector to make an emergency suspension of the inspection certificate under RSA 157-B:6,II until the department performs an inspection in accordance with (3) below;(3) The department shall perform an inspection of the elevator or accessibility lift to determine if the elevator or accessibility lift meets the requirements of the codes adopted pursuant to Lab 1302; and(4) If the elevator or accessibility lift fails the inspection, the inspector shall furnish the owner with a report of the violations found in accordance with the code adopted pursuant to Lab 1302; and the department of labor shall order that: a.The elevator or accessibility lift be brought into compliance with the codes pursuant to Lab 1302 within 15 days from the date of the inspection; orb.The elevator or accessibility lift certificate shall be suspended immediately under RSA 157-B:6,I until such time that the elevator or accessibility lift has been brought into compliance with the codes adopted pursuant to Lab Part 1302.(c) If the elevator or accessibility lift certificate is suspended by the commissioner, the department shall commence a hearing within 10 days, or the suspension shall be automatically lifted.N.H. Admin. Code § Lab 1304.03
#6846, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
New. #8880, eff 4-28-07
Amended by Volume XXXIV Number 46, Filed November 13, 2014 , Proposed by #10715, Effective 11/10/2014, Expires 11/10/2024.