O. Reg. 252/08: ELEVATING DEVICES

 

ontario regulation 252/08

made under the

Technical Standards and Safety Act, 2000

Made: June 17, 2008
Filed: July 16, 2008
Published on e-Laws: July 17, 2008
Printed in The Ontario Gazette: August 2, 2008

Amending O. Reg. 209/01

(Elevating Devices)

1. (1) Subsection 1 (1) of Ontario Regulation 209/01 is amended by adding the following definitions:

“above-surface ropeway” means a circulating passenger ropeway, including a chair lift and a gondola lift, and a reversible passenger ropeway, including an aerial tramway;

“conveyor” means a type of passenger ropeway used to transport skiers, riders or foot passengers uphill for recreational purposes while they stand on a flexible moveable element;

(2) The definition of “elevating device” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“elevating device” means a non-portable device for hoisting, lowering or otherwise moving persons or freight and includes any machine room, hoistway and hoistway enclosure, supporting structure, terminals and runway associated with the device; 

(3) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“follow-up inspection” means an inspection by an inspector that is made following a periodic inspection or a special inspection;

(4) The definitions of “freight platform lift”, “freight platform lift-Type A” and “freight platform lift-Type B” in subsection 1 (1) of the Regulation are revoked and the following substituted:

“freight platform lift” means an elevating device that is not intended to carry passengers, is equipped with a platform that moves vertically and is restricted as to use, location, access, speed, travel and type of operating device and is either,

(a) a Type A lift that carries only freight, or

(b) a Type B lift that, in addition to freight, may carry an attendant or freight handler;

(5) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“incident” means an occurrence involving an elevator system, an elevating device or a component of an elevating device resulting in an adverse consequence to a person or property;

(6) The definition of “lifts for persons with physical disabilities” is revoked and the following substituted:

“lift for persons with physical disabilities” means an elevating device, whether portable or fixed, that travels between fixed points of a building or structure, that is restricted as to access, speed, travel and type of operating device, and that is specifically designed for use by persons with physical disabilities;

(7) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“limited use/limited application elevator” means a power passenger elevator in which the use and application are limited by size, capacity, speed and rise; 

“material lift” means an elevating device that is not intended to carry passengers, is equipped with a platform that moves vertically, is restricted as to use, location and access, and is either,

(a) a Type A lift that carries only freight and is restricted as to width, or

(b) a Type B lift that, in addition to freight, may carry an attendant or freight handler and is restricted as to speed, travel and type of operating device; 

(8) The definitions of  “mechanic” and “mechanic-in-training” in subsection 1 (1) of the Regulation are revoked and the following substituted:

“mechanic” means a person who holds a certificate referred to in section 4 of Ontario Regulation 222/01 made under the Act;

“mechanic-in-training” means a person who works under the supervision of a mechanic for the purpose of obtaining the qualifying time and experience required to obtain a certificate referred to in section 4 of Ontario Regulation 222/01;

(9) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“medical practitioner” means a physician, nurse, dentist, chiropractor or physiotherapist legally qualified to practise their profession in Ontario, and a paramedic as defined under the Ambulance Act; 

(10) The definition of “owner” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“owner” includes the owner of the building in which an elevating device is located, the person who holds the licence for the device, and any agent or lessee acting for the building owner or licence holder, but does not include an attendant or operator of the device;

(11) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“parking garage lift” means an elevating device that is used for lifting or lowering a vehicle in or about a parking facility; 

“periodic inspection” means an inspection by an inspector carried out at intervals determined by the director;

“secondary carrier” means a carrier on which one or more persons is carried and towed by a surface ropeway;

“shopping cart conveyor” means an elevating device that is restricted to lifting and lowering shopping carts from one floor to another;

(12) The definitions of “special inspection” and “stairchair lift” in subsection 1 (1) of the Regulation are revoked and the following substituted:

“special inspection” means an inspection that is carried out by an inspector pursuant to a complaint, an incident referred to in section 36 or a minor alteration to an elevating device;

“stair chair lift” means a lift for persons with physical disabilities that is equipped with a passenger-carrying unit in the form of one or two attached chairs that moves substantially in the direction of a flight of stairs or ramp at a mean angle of not more than 45º;

(13) The definition of “stair platform lift” in subsection 1 (1) of the Regulation is amended by striking out “who are physically challenged” and substituting “with physical disabilities”. 

(14) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“surface ropeway” includes a barlift, a ropetow, including a ropetow associated with a secondary carrier, and a conveyor;

“temporary licence” means a licence issued with respect to an elevating device that may not meet all of the requirements for a licence under this Regulation and that permits the operation of the device at the times and on the conditions specified in the licence;

“tube tow” means a secondary carrier in which passengers are towed in a tube; 

(15) The definition of “vertical platform lift” in subsection 1 (1) of the Regulation is amended by striking out “who are physically challenged” and substituting “with physical disabilities”.

(16) Subsection 1 (2) of the Regulation is revoked.

(17) Section 1 of the Regulation is amended by adding the following subsection:

(4.1) A reference in this Regulation to “director’s order” is a reference to a safety order under section 14 of the Act, a public safety order under section 31 of the Act or an authorization under clause 36 (3) (a) of the Act.

(18) Paragraph 1 of subsection 1 (5) of the Regulation is amended,

(a) by adding “and the code adoption document” at the end of the portion before paragraph 1; and

(b) by striking out “and” at the end of subparagraph vi, by adding “and” at the end of subparagraph vii and by adding the following subparagraph:

viii. limited use/limited application elevators.

(19) Subsection 1 (5) of the Regulation is amended by adding the following paragraph:

4.1 Shopping cart conveyors.

(20) Paragraph 5 of subsection 1 (5) of the Regulation is revoked and the following substituted:

5. Freight platform lifts and material lifts, being,

i. freight platform lifts-Type A,

ii. freight platform lifts-Type B,

iii. material lifts-Type A, or

iv. material lifts-Type B.

(21) Subparagraph 6 i of subsection 1 (5) of the Regulation is amended by striking out “stairchair” and substituting “stair chair”. 

(22) Paragraph 8 of subsection 1 (5) of the Regulation is revoked and the following substituted:

8. Passenger ropeways, being,

i. above-surface ropeways, whether circulating passenger ropeways such as chair lifts or gondola lifts or reversible passenger ropeways such as aerial tramways,

ii. surface ropeways such as bar lifts or ropeways made of fibre or wire,

iii. ropeways for secondary carriers such as tube tows, or

iv. conveyors.

(23) Subsection 1 (5) of the Regulation is amended by adding the following paragraph:

13. Parking garage lifts.

2. (1) Subsection 2 (2) of the Regulation is revoked and the following substituted:

(2) The code adoption document applies to all elevating devices or parts thereof, except as provided in section 4 or otherwise indicated in  the code adoption document. 

(2) Subsection 2 (3) of the Regulation is amended by striking out “and” at the end of clause (s), by adding “and” at the end of clause (t) and by adding the following clause:

(u) worker-positioning platforms that put workers and their equipment in position to work on the interior or exterior of buildings or other structures. 

3. (1) Subsection 3 (1) of the Regulation is amended by striking out “and this Regulation” and substituting “this Regulation, including the code adoption document, and any applicable director’s order”.

(2) Subsection 3 (2) of the Regulation is amended by adding “inspecting, testing” after “installation”.

4. Section 4 of the Regulation is revoked and the following substituted:

Existing elevating devices

4. (1) Except where otherwise required by this Regulation or by the director under sections 14, 27, 30 and 31 or subsection 36 (3) of the Act, an existing elevating device and parts thereof shall conform to the Elevating Devices Act, 1990, the regulations made under that Act, the codes or standards in force in Ontario at the time the device was installed and any applicable director’s orders.

(2) Except where otherwise required by this Regulation or the Director pursuant to section 14, 27, 30 and 31 or subsection 36 (3) of the Act, every alteration made to an existing elevating device shall conform to this Regulation, the codes or standards in force in Ontario at the time the device was altered and any applicable director’s orders.

5. Section 6 of the Regulation is amended by adding “the code adoption document and any applicable director’s order” at the end. 

6. Section 11 of the Regulation is amended by adding “the code adoption document and any applicable director’s order” at the end.

7. Section 12 of the Regulation is revoked and the following substituted:

Operation prohibited without licence

12. No owner shall operate an elevating device or permit it to be operated unless it is licensed and it complies with this Regulation, the code adoption document and any applicable director’s order.

8. Section 13 of the Regulation is amended by striking out “the Act and this Regulation” and substituting “this Regulation, the code adoption document and any applicable director’s order”.

9. (1) Subsection 15 (1) of the Regulation is amended by striking out “published” and substituting “provided”.

(2) Subsection 15 (3) of the Regulation is revoked and the following substituted:

(3) A preliminary design submission shall be in a form that allows the designated administrative authority to assess whether or not the requirements of this Regulation are complied with, and shall include documentation to that effect.

(3) Clause 15 (4) (e) of the Regulation is amended by striking out “codes and standards” and substituting “codes, standards and requirements”.

(4) Clause 15 (5) (b) of the Regulation is amended by striking out “and the applicable codes and standards referred to in the code adoption document” and substituting “the code adoption document and any applicable director’s order”. 

(5) Subsection 15 (9) of the Regulation is amended by adding “or by a mechanic with an appropriate certificate who performed or supervised the work” after “mechanic” in the portion before clause (a). 

(6) Clause 15 (9) (a) of the Regulation is amended by striking out “stairchair” and substituting “stair chair”. 

10. Clause 17 (2) (b) of the Regulation is revoked and the following substituted:

(b) one copy of the registered design submission; and

11. Section 19 of the Regulation is revoked and the following substituted:

Minor alteration

19. (1) Upon completion of any individual activity classified as a minor alteration, the contractor who completed the minor alteration shall forward to the director a design submission, in accordance with subsection 15 (2), not later than 30 days after returning the elevating device to service.

(2) The contractor who completed the minor alteration shall ensure that a special inspection has been requested within 60 days after returning the elevating device to service and shall facilitate the performance of any tests that the inspector requires.

12. Section 20 of the Regulation is amended,

(a) by adding “or a director’s order” before “requires”; and

(b) by adding “upon request” at the end.

13. Subsection 21 (2) of the Regulation is revoked and the following substituted:

(2) It is a condition for registration as a contractor or a renewal of a registration that the applicant,

(a) be a mechanic, or employ one or more mechanics, who hold a certificate of the same scope as the scope of the registration being sought;

(b) be or employ a person who has full knowledge of the Act, this Regulation and any applicable director’s orders.

14. Section 22 of the Regulation is amended by striking out “and this Regulation” and substituting “this Regulation, the code adoption document and any applicable director’s order”.

15. Subsection 24 (1) of the Regulation is revoked and the following substituted:

Where no work to be done

(1) No person shall undertake any work on an elevating device unless the person is employed by a contractor and is either a mechanic or a mechanic-in-training working under the supervision of a mechanic.

16. (1) The heading immediately before section 25 is revoked and the following substituted:

Installation and Alteration

(2) Subsection 25 (1) of the Regulation is amended by striking out “initial”.

(3) Section 25 of the Regulation is amended by adding the following subsection:

(3) The owner shall ensure that any alteration to the elevating device is made by a contractor registered under section 21.

17. (1) Subsection 29 (1) of the Regulation is revoked and the following substituted:

Duty to notify director in case of change

(1) The owner shall notify the director within 10 days of a change in any particular noted on the licence for the elevating device.

(2) Subsection 29 (2) of the Regulation is amended by striking out “who is not the holder of the licence”. 

18. Subsection 31 (6) of the Regulation is amended by striking out “or standard” and substituting “standard or requirement”.

19. (1) Subsection 33 (1) of the Regulation is revoked and the following substituted:

Testing and inspection after maintenance

(1) Where maintenance is carried out on an elevating device that is equipped with a safety device, an overspeed device or an uncontrolled low speed protective device, the maintenance referred to in subsection 32 (3) shall include an inspection and testing of such devices in accordance with the requirements for periodic inspection set out in the code adoption document.

(2) Subsections 33 (2) and (3) of the Regulation are amended,

(a) by striking out “or standard” wherever it appears and substituting in each case “standard or requirement”;

(b) by adding in each case “or any applicable director’s order” at the end. 

(3) Subsection 33 (5) of the Regulation is amended by striking out “or standards referred to in the code adoption document” and substituting “standards or requirements referred to in the code adoption document or any applicable director’s order”.

20. Clause 34 (1) (a) of the Regulation is amended by striking out “or standard referred to in the code adoption document” and substituting “standard or requirement referred to in the code adoption document or any applicable director’s order”.

21. The heading before section 36 and section 36 are revoked and the following substituted:

Incidents

Reporting of incidents

36. (1) Where an incident occurs in connection with an elevating device that results in the death of a person or injury to a person that requires the services of a medical practitioner,

(a) the owner of the device shall notify the director by telephone immediately; and

(b) the contractor maintaining the device shall submit to the director, in the form provided by the designated administrative authority, a written report giving full particulars within 24 hours of first becoming aware of the incident.

(2) Where an incident occurs in connection with an elevating device, other than an incident described in subsection (1), the owner and the contractor maintaining the device shall,

(a) notify the director by telephone or other means within 24 hours of first becoming aware of the incident;

(b) each submit to the director in the form provided by the designated administrative authority a written report giving full particulars within seven days of first becoming aware of the incident.

(3) Where there has been a fire, flood or other significant exposure to water, vandalism, impact or lightning strike that may adversely affect the safe operation of an elevating device, the owner and the contractor maintaining the device shall,

(a) notify the director by telephone or other means within 24 hours of first becoming aware of the condition that may adversely affect the safe operation of the device; 

(b) each submit to the director, in the form provided by the designated administrative authority, a written report giving full particulars within seven days of first becoming aware of the condition.

(4) Where a mechanic finds that an elevating device is in a condition that constitutes an immediate hazard to the safety of a person or property, he or she shall immediately remove the device from service and notify the owner or contractor maintaining the device.

(5) Where a licence holder for an elevating device finds or becomes aware that the device is in a condition that constitutes an immediate hazard to the safety of a person or property, the licence holder shall,

(a) immediately remove the device from service;

(b) notify the director by telephone or other means within 24 hours of making the finding; and

(c) within seven days of making the finding, submit to the director in the form provided by the designated administrative authority a written report giving full particulars  

(6) The written report shall contain the results of an investigation carried out by the contractor following the incident or finding that the elevating device was in a condition that constituted an immediate hazard.

(7) Where an incident or condition of a type referred to in subsection (1), (3), (4) or (5) occurs, no person shall, except for the purpose of making the site safe or rescuing a person injured in the incident, interfere with, disturb, destroy, carry away or alter any wreckage, article or thing at the scene of or connected with the incident until an inspector gives permission to do so. 

(8) No person shall return an elevating device referred to in subsection (1), (3), (4) or (5) to service until the cause of the incident or condition is identified, the safety of the device restored and an inspector gives permission to return the device to service. 

(9) An investigation under this section shall be conducted in such manner as the director considers necessary in the circumstances.

22. Clause 37 (e) of the Regulation is amended by striking out “an accident” and substituting “the discovery of a hazardous condition or an incident referred to in section 36”. 

23. Subsection 39 (1) of the Regulation is amended by striking out “or standard referred to in the code adoption document” in the portion before clause (a) and substituting “standard or requirement referred to in the code adoption document or any applicable director’s order”.

24. Subsection 44 (2) of the Regulation is revoked and the following substituted:

(2) The labour, test load, measuring and other devices required to carry out the inspection shall be provided, and the fee set by the designated administrative authority, paid by,

(a) the contractor who installed or altered the elevating device, in the case of an initial inspection, an inspection following an initial inspection, a special inspection following a minor alteration or a follow-up inspection following a special inspection;

(b) the owner, in the case of a periodic inspection, a follow-up inspection following a periodic inspection or any other inspection of an elevating device.

(3) Prior to requesting an inspection of a newly installed passenger elevator, freight elevator or lift for persons with physical disabilities, the contractor or the contractor’s agent who requests the inspection shall ensure that the general contractor responsible for the construction of the building or the owner has completed the pre-inspection check-list for the applicable device in the form provided by the designated administrative authority. 

25. Section 45 of the Regulation is revoked and the following substituted:

Removal and replacement of seals

45. (1) Where an inspector has sealed a part on an elevating device as part of an investigation or, subject to subsection (2), to prevent readjustment of the part, no person shall remove the seal without the permission of the inspector.

(2) A contractor may remove a seal without the permission of the inspector and may affix a replacement seal if,

(a) the contractor repairs or replaces a part that was sealed and the part’s settings remain at the setting at which the part was originally sealed or are returned to that setting; or

(b) the contractor changes the settings of the part that was sealed but the new settings are within the allowable range specified by the applicable code, standard or other requirement referred to in the code adoption document. 

(3) Where an original seal is missing from a part, a contractor may, subject to subsection (5), affix a replacement seal provided that the settings of the replacement part remain the same as they were for the original part.

(4) A contractor who affixes a replacement seal under this section shall ensure that a permanent record is kept, either attached to the seal or adjacent to the seal, that gives,

(a) the date of replacement of the seal;

(b) the name, signature and certificate number of the mechanic who replaced the seal;

(c) the number of the replacement seal; and

(d) the setting at which the part is sealed.

(5) In addition to the record, the contractor shall record that the seal has been replaced in the log book referred to in section 34.

26. This Regulation comes into force on January 1, 2009.