Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-21-3 - Definitions3.1. "Act" means the Elevator Safety Act, W. Va. Code § 21-3C-1et seq.3.2. "ASME" refers to the American Society of Mechanical Engineers, Two Park Avenue, New York, NY 10016-5990.3.3. "Certificate of acceptance" means and includes a completed device registration form and acceptance inspection report, certifying that a newly installed or modernized elevator has been inspected and installed in compliance with ASME Code A17.1.3.4. "Certificate of competency" means the document issued by the Commissioner to an inspector upon receipt of a complete application, certifying that the individual is qualified to inspect elevators.3.5. "Certificate of operation" means the document issued by the Commissioner to an owner or operator upon receipt of an inspection report completed by an inspector, certifying that the elevator has been inspected according to the applicable ASME Code and is safe for operation.3.6. "Commissioner" means the Commissioner of the West Virginia Division of Labor and his or her authorized representatives.3.7. "Complete application" means an application that includes all the information required by the Commissioner on the form supplied by the Division.3.8. "Compliant" means meeting all applicable ASME standards.3.9. "Imminent danger" or "unsafe condition" refers to an elevator's condition that presents a risk of immediate or excessive danger, serious injury or death to passengers or elevator maintenance personnel. 3.10. "Inspector" means either a Division inspector or a private inspector as defined in W. Va. Code § 21-3C-1 (7 and 17) who has been issued a certificate of competency by the Commissioner.3.11. "Modernized" means any change to an elevator's equipment, including its parts, components or subsystems, but excluding routine maintenance, repair or replacement.3.12. "Normal business hours" means Monday through Friday between the hours of 8:00 am and 5:00 pm.3.13. "To seal out of service" or "sealed out of service" means that an elevator has been made inoperable by removal of the disconnect and the placement of a seal securing the elevator's electrical box.