Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-21-7 - Inspection Required; Safety Test Required; Conflict of Interest; Inspection Reports; Hearing on an Inspection Report's Findings7.1. As required by the Act and this rule, an inspector shall inspect an elevator for safety according to the appropriate ASME Code and shall certify that it is safe for operation prior to the Commissioner issuing a certificate of operation.7.2. An elevator mechanic licensed pursuant to the Act shall perform a safety test on an elevator in accordance with the appropriate ASME Code requirements, and an inspector shall be physically present to witness the entire safety test.7.3. A private inspector shall not inspect repairs or routine maintenance work performed by the private inspector, an employee of the private inspector, the private inspector's employer or another employee of the private inspector's employer.7.4. The Commissioner and inspectors are authorized to enter into any establishment in which an elevator is located for the purpose of inspecting the elevator for safety.7.5. The Commissioner is authorized to make announced or unannounced inspections during normal business hours or at any other reasonable time considered necessary by the Commissioner in the exercise of his or her duties.7.6. An inspector shall complete an inspection report and provide all information as the Commissioner may require on a form approved by the Division, showing the true and exact condition of each elevator inspected. 7.6.a. The inspector shall leave a copy of a compliant inspection report with the elevator owner or his or her representative on the day of inspection and shall forward a copy of the inspection report to the Commissioner by mail or email within 7 days of completing the inspection.7.6.b. If the inspector determines that the elevator is not compliant with the applicable ASME Codes and that changes or repairs to the elevator are required in order to make it safe to operate, the inspector shall identify the areas of non-compliance and the required changes or repairs in the inspection report and shall forward the report to the Commissioner by mail or email within 7 days of completing the inspection.7.6.c. The Commissioner shall ensure that the elevator owner is provided with a copy of the non-compliant inspection report.7.7. Unless an owner or operator requests a hearing on the report's findings, he or she shall make the required changes or repairs within 30 days of notification of the non-compliant inspection report before the Commissioner may issue a certificate of operation.7.8. If the owner or operator objects to the inspection report's findings, he or she shall notify the Commissioner in writing to request a hearing within 20 days of receipt of the inspection report.7.8.a. The Commissioner shall promptly notify the owner or operator in writing of the date, place, and time of the hearing.7.8.b. After hearing the parties' evidence, the Commissioner shall make findings based on reasonable grounds of safety concerning the recommended changes or repairs set forth in the inspection report, and shall enter an order that requires the owner or operator to make the recommended changes and repairs or approves the owner's or operator's modified repair plans and specifications.7.8.c. An owner or operator who is adversely affected by the Commissioner's findings and order shall be entitled to judicial review in accordance with W. Va. Code § 29A-5-4.