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09.12.81 and 09.12.83 - Division of Labor and Industry - Proposed Regulations

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 46, ISSUE 25,
FRIDAY, DECEMBER 6, 2019

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

Notice of Proposed Action
[19-254-P-I]

The Commissioner of Labor and Industry proposes to amend through incorporation by reference:
    (1) Regulations .01 and .02 under COMAR 09.12.81 Elevator, Escalator, and Chairlift Safety; and
    (2) Regulation .01 under COMAR 09.12.83 Safety Requirements for Personnel Hoists.

Statement of Purpose

The purpose of this action is to adopt through incorporation by reference ASME A17.8/CSA B44.8 Standard for wind turbine tower elevators, which was previously a chapter of the IBR document ANSI A17.1, Safety Code for Elevators and Escalators. This action also amends the reference to IBR document ASME A18.1 Safety Standard for Platform Lifts and Stairway Chairlifts to include the updated versions 2011, 2014, and 2017. Finally, this action adopts through incorporation by reference the Elevator section of the National Electric Code, which is currently referenced through A17.1 and A18.1; this action merely adopts the relevant electric code related to elevators directly to avoid confusion.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michelle F. Vanreusel, Regulatory and Grants Coordinator, Department of Labor, 1100 North Eutaw Street, Room 600, Baltimore, MD 21201, or call 410-767-2225, or email to michelle.vanreusel@maryland.gov, or fax to 410-767-2986. Comments will be accepted through January 6, 2019. A public hearing has not been scheduled.

Editor’s Note on Incorporation by Reference

Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the following have been declared documents generally available to the public and appropriate for incorporation by reference:
  (1) ASME A18.1-2011 (Revision of ASME A18.1-2008) Safety Standard for Platform Lifts and Stairway Chairlifts;
  (2) ASME A18.1-2014 (Revision of ASME A18.1-2011) Safety Standard for Platform Lifts and Stairway Chairlifts; and
  (3) ASME A18.1-2017 (Revision of ASME A18.1-2014) Safety Standard for Platform Lifts and Stairway Chairlifts.
  (4) ASME A17.8-2016/CSA B44.8-16 Standard for wind turbine tower elevators
  (5) National Electrical Code, 2017 Edition (NFPA 70)
  For this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories was published in 46:1 Md. R. 9 (January 4, 2019), and is available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

09.12.81 Elevator, Escalator, and Chairlift Safety

Authority: Public Safety Article, §§12-805, 12-806, and 12-809, Annotated Code of Maryland

.01 Safety Code for Elevators and Escalators.
  A.—AA. (text unchanged)
  BB. ASME A17.8-2016/CSA B44.8-16 Standard for wind turbine tower elevators is incorporated by reference.
  CC. Article 620 Elevators, Dumbwaiters, Escalators, Moving Walks, Platform Lifts, and Stairway Chairlifts of the National Electric Code (NFPA 70), which is incorporated by reference in COMAR 09.12.50.02-1B(3).

.02 Safety Standard for Platform Lifts and Stairway Chairlifts.
  A. Scope.
    (1)—(8) (text unchanged)
    (9) ASME A18.1-2011 (Revision of ASME A18.1-2008) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference.
    (10) ASME A18.1-2014 (Revision of ASME A18.1-2011) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference.
    (11) ASME A18.1-2017 (Revision of ASME A18.1-2014) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference.

  B.—F. (text unchanged)

09.12.83 Safety Requirements for Personnel Hoists

Authority: Public Safety Article, §12-805, Annotated Code of Maryland

.01 Incorporation by Reference [of “American National Standard Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations”].
  A.—D. (text unchanged)
  E. Article 620 Elevators, Dumbwaiters, Escalators, Moving Walks, Platform Lifts, and Stairway Chairlifts of the National Electric Code (NFPA 70), which is incorporated by reference in COMAR 09.12.50.02-1B(3).

MATTHEW S. HELMINIAK
Commissioner of Labor and Industry