INITIAL STATEMENT OF REASONS

CALIFORNIA CODE OF REGULATIONS
TITLE 8: ELEVATOR SAFETY ORDERS
Chapter 4, Subchapter 6, Article 8, Section 3040(b)(5)
TITLE 24: CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE
Part 7, Section 7-3040(b)(5)

PASSENGER ELEVATORS EMERGENCY STOP SWITCH/IN-CAR STOP SWITCH


Existing Section 3040(b)(5) requires passenger elevators be provided with an emergency stop switch. The emergency stop switch is required to be located in or adjacent to the car operating panel.

Because of its location, the emergency stop switch in passenger elevators is readily available for use by the general public. Occasionally, passengers accidentally and/or mischievously activate the emergency stop switch, when in fact no emergency exists. The elevator industry believes more accidents have been caused than prevented by the misuse of the emergency stop switch.

The existing regulation derived from an era when passenger elevators were not fully enclosed. The emergency stop switch was provided to immediately stop the elevator car should a passenger’s limb or articles become accidentally entangled between the moving car and the hoistway. Modern passenger elevators for public use are fully enclosed. Passengers are protected by numerous new safety requirements that negate the need for an emergency stop switch operable by the public.

Currently, the elevator consensus standard (ASME A17.1) requires only an in-car stop switch in the car. The in-car stop switch is required to be either key operated or located behind a locked panel. The in-car stop switch is not for passenger use. It is for use by elevator maintenance and inspection personnel.

The proposed action revises the emergency/in-car stop switch requirements in existing Section 3040(b)(5) to be consistent with the elevator consensus standard ASME A17.1-1996. The proposal provides an exception to the emergency stop switch requirement for elevators now in service when equipped with an in-car stop switch that is either key operated or located behind a locked panel. The proposal also permits replacement of the existing emergency stop switch with an in-car stop switch in passenger elevator cars.

The proposal will apply only to passenger elevators now in service. New passenger elevators will be provided with an in-car stop switch specified in ASME A17.1-1996, when the new Elevator Safety Orders, currently pending approval, become effective.

SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

Section 3040. Operating Devices and Control Equipment.
Section 3040(b) Electrical Protective Devices.

Section 3040(b)(5) Emergency Stop Switch.

The proposal will add an exception to the emergency stop switch requirement when a passenger elevator car is provided with an in-car stop switch that complies with the requirements in Section 3040(b)(5)(B). The revision is necessary to permit in-car stop switch in passenger elevator cars.

These proposed regulatory text in the exception in new Section 3040(b)(5) is italicized. The italicized text is necessary to inform the regulated public that new Section 3040(b)(5) applies to existing passenger elevators now in service.

Section 3040(b)(5)(A)

The proposal will reformat Section 3040(b)(5)(A). The reformatted section is necessary to accommodate the addition of Section 3040(b)(5)(B).

New Section 3040(b)(5)(B)

The proposal adds new Section 3040(b)(5)(B) that lists eight requirements for passenger elevator cars equipped with an in-car stop switch. New Section 3040(b)(5)(B) is necessary to establish standards for safe operation of passenger elevators equipped with an in-car stop switch.

The proposed regulatory text in new Section 3040(b)(5)(B) is italicized. The italicized text is necessary to inform the regulated public that new Section 3040(b)(5)(B) applies to existing passenger elevators now in service.

New Section 3040(b)(5)(B)1

The proposal adds new Section 3040(b)(5)(B)1 that specifies an in-car stop switch shall be permitted in passenger elevator cars with enclosures constructed of solid material from the floor to the car top. New Section 3040(b)(5)(B)1 is necessary to ensure that only fully enclosed passenger elevator cars may be provided with an in-car stop switch. Elevator cars not fully enclosed create pinch point hazards for the passengers riding the elevator.

New Section 3040(b)(5)(B)2

The proposal adds new Section 3040(b)(5)(B)2 that specifies an in-car stop switch shall be either key operated or behind a locked panel. New Section 3040(b)(5)(B)2 is necessary to limit the use of the switch to elevator maintenance and/or inspection personnel.

New Section 3040(b)(5)(B)3

The proposal adds new Section 3040(b)(5)(B)3 that specifies that an in-car stop switch shall be clearly marked "STOP" and shall indicate the stop and run positions. New Section 3040(b)(5)(B)3 is necessary to facilitate the use of the in-car stop switch for elevator maintenance and/or inspection personnel.

New Section 3040(b)(5)(B)4

The proposal adds new Section 3040(b)(5)(B)4 that specifies that an in-car stop switch shall comply with Sections 3040(b)(5)(A)1 and 3049(b)(5)(A)5. New Section 3040(b)(5)(B)4 is necessary to ensure that in-car stop switch, when actuated, removes power and brake independent of the operating and leveling device.

New Section 3040(b)(5)(B)5

The proposal adds new Section 3040(b)(5)(B)5 that specifies the elevator controls to be arranged so that the car will not move, level, or advance start, unless the hoistway door interlocks and the car door contacts are in the closed position, except when required for releveling or anti-creep. New Section 3040(b)(5)(B)5 is necessary to ensure the elevator moves only when the doors are closed.

New Section 3040(b)(5)(B)6

The proposal adds new Section 3040(b)(5)(B)6 that specifies the car door contacts shall be adjusted so the closed position is not more than one inch. New Section 3040(b)(5)(B)6 is necessary to prevent the car doors being forced open.

New Section 3040(b)(5)(B)7

The proposal adds new Section 3040(b)(5)(B)7 that specifies that keys for the in-car stop switch shall be available for use by maintenance and inspection personnel. New Section 3040(b)(5)(B)7 is necessary to ensure the in-car stop switch is operated only by elevator maintenance and/or inspection personnel.

New Section 3040(b)(5)(B)8

The proposal adds new Section 3040(b)(5)(B)8 that specifies: The Division shall be notified when an emergency stop switch in a passenger elevator is replaced with an in-car stop switch. The Division shall inspect the in-car stop switch before the passenger elevator is placed in service. New Section 3040(b)(5)(B)8 is necessary to ensure that newly installed in-car stop switch functions in accordance with the proposed regulation.

Section 3040(b)(5) Exception

The proposal will also reformat the regulation text and delete the exception that indicates shipper-rope elevators are not required to have an emergency stop switch. For the last twenty years, the use of shipper-rope elevators have been prohibited in the state of California; therefore, the deletion of the Exception has no regulatory effect.

DOCUMENTS RELIED UPON

1. Letter from E.H. Friedmann, Otis Elevator Company, Petitioner, dated April 20, 1988.
2. Division Evaluation Report of Petition No. 264, dated June 29, 1988.
3. OSH Standards Board’s Petition Decision No. 264, dated August 18, 1988, to E.H. Friedmann, Otis Elevator Company.
4. Letter from D.A. Swerrie, Swerrie Inc., Petitioner, dated March 23, 1991.
5. Division Evaluation Report of Petition No. 291, dated April 25, 1991.
6. OSH Standards Board’s Petition Decision No. 291, dated August 22, 1991, to D.A. Swerrie, Swerrie Inc.
7. ASME A17.1-1996, Safety Code for Elevators and Escalators.

These documents are available for review during normal business hours at the Standards Board Office located at 1300 I Street, Suite 920, Sacramento, California.

IDENTIFIED ALTERNATIVES THAT WOULD LESSEN ADVERSE
IMPACT ON SMALL BUSINESSES

No adverse impact on small businesses is anticipated from the implementation of the proposed amendments. Therefore, no alternatives which would lessen the impact on small businesses have been identified.

SPECIFIC TECHNOLOGY OR EQUIPMENT

This proposal will not mandate the use of specific technologies or equipment.

COST ESTIMATES OF PROPOSED ACTION

Costs or Savings to State Agencies

No costs or savings to state agencies will result as a consequence of the proposed action.

Impact on Housing Costs

The proposal will not significantly affect housing costs.

Impact on Businesses

This proposal will not result in a significant adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states.

Cost Impact on Private Persons or Entities

The proposal will not require private persons or entities to incur additional costs in complying with the proposal.

Cost or Savings in Federal Funding to the State

The proposal will not result in costs or savings in federal funding to the state.

Cost or Savings to Local Agencies or School Districts Required to be Reimbursed

No costs to local agencies or school districts are required to be reimbursed.

Other Nondiscretionary Costs or Savings Imposed on Local Agencies

This proposal does not impose nondiscretionary costs or savings on local agencies.

DETERMINATION OF MANDATE

The Occupational Safety and Health Standards Board has determined that the proposed regulations do not impose a mandate requiring reimbursement by the state pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code because these regulations do not constitute a "new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Constitution."

The California Supreme Court has established that a "program" within the meaning of Section 6 of Article XIII B of the California Constitution is one which carries out the governmental function of providing services to the public, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state. (County of Los Angeles v. State of California (1987) 43 Cal.3d 46.)

These proposed regulations do not require local agencies to carry out the governmental function of providing services to the public. Rather, the regulations require local agencies to take certain steps to ensure the safety and health of their own employees only. Moreover, these proposed regulations do not in any way require local agencies to administer the California Occupational Safety and Health program. (See City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478.)

These proposed regulations do not impose unique requirements on local governments. All employers - state, local and private- will be required to comply with the prescribed standards.

PLAIN ENGLISH STATEMENT

It has been determined that the proposal may effect small business. The express terms of the proposal written in plain English have been prepared by the Board pursuant to Government Code Sections 11342(e) and 11346.2(a)(1) and the informative digest for this proposal constitutes a plain English overview.

ASSESSMENT

The adoption of the proposed amendments to these regulations will neither create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or cerate or expand businesses in the State of California. See statement under "Impact on Businesses."

ALTERNATIVES THAT WOULD AFFECT PRIVATE PERSONS

No alternatives considered by the Board would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.