R.R.O. 1990, Reg. 316: GENERAL

Elevating Devices Act
Loi sur les ascenseurs et appareils de levage

REGULATION 316

Amended to O. Reg. 230/01

GENERAL

Note: This Regulation was revoked on June 27, 2001. See: O. Reg. 230/01, s. 1.

This Regulation is made in English only.

PART I
GENERAL

1. (1) In this Regulation,

“bar lift” means a passenger ropeway that pulls passengers by means of devices propelled by an overhead circulating hauling rope where the passengers remain in contact with the ground or snow surface;

“chair lift” means a passenger ropeway where passengers are carried on chairs,

(a) attached to and suspended from a circulating wire rope, or

(b) attached to a circulating wire rope and supported by a standing wire rope or other overhead structure;

“construction hoist” means a temporarily installed elevating device equipped with a car or platform that moves vertically in guides, and that is used for hoisting and lowering materials or workers or both, in connection with the construction, alteration, maintenance or demolition of a building or structure;

“counter-balanced type manlift” means a manlift equipped with a passenger-carrying unit in the form of a car, the motion of which is obtained by means of the application of hand energy or gravity;

“dumbwaiter” means an elevating device equipped with a car that moves vertically in guides and is used exclusively for lifting or lowering freight between two or more floors of a building or structure and that has a maximum capacity of 225 kilograms, a maximum floor area of 0.85 square metres and a maximum inside height of 1.25 metres;

“elevating device for the handicapped” means an elevating device specifically designed to be used by a person with a physical handicap travelling between fixed points of a building or structure where the elevating device is restricted as to access, speed, travel and type of operating devices;

“elevator” means an elevating device equipped with a car that moves vertically in guides and that serves two or more floors of a building or structure;

“endless belt type manlift” means a manlift equipped with one or more passenger-carrying units in the form of steps and handholds attached to a power driven endless belt;

“escalator” means an elevating device in the form of a power-driven, inclined continuous stairway used for raising or lowering persons;

“existing” when used in reference to an elevating device or part thereof means any elevating device or part thereof for which a design submission was approved or installation of which was completed before the 1st day of May, 1981;

“fibre rope tow” means a rope tow having a natural or synthetic fibre hauling rope;

“freight elevator” means an elevator used primarily for carrying freight and on which only an attendant and freight handler are permitted to ride;

“freight elevator—E” means a freight elevator upon which employees of the owner of the elevator are permitted to ride as passengers;

“freight platform lift” means an elevating device that is restricted as to use, location, access, speed, travel and type of operating devices and that is equipped with a platform that moves vertically;

“freight platform lift—Type A” means a freight platform lift restricted to the carriage of freight only;

“freight platform lift—Type B” means a freight platform lift restricted to the carriage of freight and on which an attendant or freight handler may ride;

“funicular railway” means an incline lift in the form of a railway where the ascending car and the descending car, connected by a driven rope, counter-balance each other;

“gondola lift” means a passenger ropeway where passengers are carried in enclosed gondola cars,

(a) attached to and suspended from a circulating wire rope, or

(b) attached to a circulating wire rope and supported by a standing wire rope or other overhead structure;

“hand-power dumbwaiter” means a dumbwaiter utilizing manual energy or gravity to move the car;

“hand-power freight elevator” means an elevator that utilizes manual energy or gravity to move the car and that is used for carrying freight only;

“incline lift” means an elevating device equipped with a car or platform that moves at an angle other than vertical and serves two or more permanent levels but does not include a stair platform lift;

“licence” means a licence issued under the Act;

“maintenance” means regularly scheduled or other action taken to ensure that an elevating device is and will remain in safe operating condition and “maintain” has a corresponding meaning;

“major alteration” means an alteration that results in a substantial change to the original design, inherent safety or operational characteristics of an elevating device and without limiting the generality of the foregoing includes,

(a) an increase by more than 10 per cent in,

(i) the rated speed of the load-carrying unit,

(ii) the maximum capacity, or

(iii) the dead-weight of the machine, load-carrying unit or counter-weight,

(b) except for construction hoists, an increase or decrease in the distance of the travel of the load-carrying unit,

(c) a change in,

(i) the method or type of operation,

(ii) the method or type of control,

(iii) the type or size of guide rails or other guiding means for the load-carrying unit or counter-weight,

(iv) the type of safety device or other safety stopping device for the load-carrying unit or counter-weight,

(v) the power supply to the machine,

(vi) the type of the driving machine or brake,

(vii) the location of the elevating device, machine, load-carrying unit or counter-weight, or

(viii) the working pressure of a hydraulic system by more than 10 per cent,

(d) changes that would result in a reclassification of the elevating device,

(e) the addition of a car or hoistway entrance to the elevating device;

“manlift” means an elevating device commonly known as a “manlift” that moves vertically in guides and serves two or more floors of a building or structure and that is equipped with a passenger-carrying unit the use of which is restricted;

“material construction hoist” means a construction hoist restricted to the carriage of materials, where workers may enter the car or platform for the purpose of loading or unloading only;

“minor alteration” means an alteration that results in a minor change to the original design, inherent safety or operational characteristics of an elevating device and without limiting the generality of the foregoing includes,

(a) a change in the size or number of hoisting, hauling, counter-weight, overspeed governor or compensating ropes,

(b) the addition of,

(i) a safety device or any other safety stopping device for the load-carrying unit or counterweight,

(ii) special emergency service, emergency recall, in-car emergency service, firefighter’s elevator designations or any similar special service,

(c) the replacement of any of the following components with components differing from the original in design or manufacture, but without any change in overall technical, operation or safety characteristics of the elevating device:

1. A safety device or any other safety stopping device for the load-carrying unit or counterweight.

2. A device which actuates the device referred to in paragraph 1.

3. A supporting structure or foundation.

4. A driving machine or brake.

5. A hydraulic cylinder or plunger.

6. The tower switches of a passenger ropeway,

(d) the addition of,

(i) a hoistway door locking device,

(ii) car door or gate electric contacts,

(iii) hoistway inspection switches,

(iv) a top of car operating device,

(v) a hoistway door or car door or gate operating device,

(vi) car levelling or truck zoning devices,

(e) a major rebuilding or replacement of any of the following components with components differing from original design or manufacture, but without any change in the inherent safety or operational characteristics of the elevating device:

1. Controller.

2. Hoistway doors.

3. Door or gate locking devices,

(f) any replacement, other than a replacement that differs from the original in design or manufacture or rebuilding of,

(i) a safety device or other safety stopping device for the load-carrying unit or counterweight,

(ii) a device that actuates a device referred to in subclause (i),

(iii) a worm or gear of a driving machine,

(iv) a hydraulic cylinder or plunger,

(g) any replacement or readjustment of a component previously sealed by an inspector in accordance with section 33,

(h) any increase or decrease in the distance of travel of the load-carrying unit of a worker’s rail-guided or material construction hoist;

“minor alteration—Type A” means a minor alteration of a type referred to in clause (a), (b) or (c) of the definition of “minor alteration”;

“minor alteration—Type B” means a minor alteration of a type referred to in clause (d), (e), (f), (g) or (h) of the definition of “minor alteration”;

“moving walk” means an elevating device that moves passengers on an uninterrupted load-carrying surface that remains parallel to its direction of motion;

“new”, when referring to an elevating device or part thereof, means any elevating device or part thereof, for which a design submission is registered or the installation of which is completed on or after the 1st day of May, 1981;

“observation elevator” means a passenger elevator designed to permit exterior viewing by passengers while riding in the car;

“passenger elevator” means an elevator used primarily for carrying persons;

“passenger ropeway” means an elevating device used to transport persons;

“power type manlift” means a manlift equipped with a passenger-carrying unit in the form of a car, the motion of which is obtained by means of the application of energy other than by hand or gravity;

“reversible ropeway” means a passenger ropeway where passengers arecarried in one or more cars fixed to a hauling rope that is independent of a track rope, and where the cars reciprocate between terminals;

“ropetow” means a passenger ropeway where persons grasp a circulating hauling rope or a handle or similar device attached to the rope and are propelled by the tow while remaining in contact with the ground or snow surface;

“sidewalk elevator” means a freight elevator that operates between a sidewalk or other area exterior to a building and floor levels inside the building that are below the sidewalk or other area exterior to the building and that has no landing opening into the building at its upper limit of travel;

“stage lift” means an elevating device used for lifting or lowering persons or freight in or about a stage or orchestra pit;

“stairchair lift” means an elevating device for the handicapped 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 45 degrees;

“stair platform lift” means an elevating device for the handicapped that is equipped with a platform that moves substantially in the direction of a flight of stairs or ramp at a mean angle of not more than 45 degrees;

“stair platform lift—Type C” means a stair platform lift where the runway is guarded so as to physically prevent access to it;

“stair platform lift—Type D” means a stair platform lift where the runway is not guarded so as to physically prevent access to it;

“standard design submission” means a design submission for a type of elevating device that is intended to be installed in more than one location and that may incorporate the use of alternative interchangeable components but does not include information relating to the location of individual installations;

“temporary elevator” means a passenger or freight elevator in a building under construction that is used for carrying workers or materials or both prior to the completion of the building;

“vertical platform lift” means an elevating device for the handicapped equipped with a platform that moves vertically;

“vertical platform lift—Type C” means a vertical platform lift having a fully enclosed runway;

“vertical platform lift—Type D” means a vertical platform lift having a partially enclosed or unenclosed runway;

“wire rope tow” means a rope tow having a metallic hauling rope;

“workers’ rail-guided construction hoist” means a construction hoist used for carrying workers and materials where the load-carrying unit is guided by rails;

“workers’ rope-guided construction hoist” means a construction hoist used for carrying workers and materials where the load-carrying unit is guided by ropes.

(2) For the purposes of subsection (1), elevator, dumbwaiter, escalator, moving walk, manlift, passenger ropeway, incline lift, construction hoist, stage lift, freight platform lift, stair platform lift, vertical platform lift and stair chair lift include the machine room, hoistway and hoistway enclosure, supporting structure, terminals and runway, as the case may be, that is provided in conjunction therewith. R.R.O. 1990, Reg. 316, s. 1.

2. The following classes of elevating devices are designated:

1. Elevators, being,

i. freight elevators,

ii. freight elevators—E,

iii. hand-power freight elevators,

iv. observation elevators,

v. passenger elevators,

vi. sidewalk elevator, and

vii. temporary elevators.

2. Dumbwaiters, being,

i. dumbwaiters, other than hand-power dumbwaiters, and

ii. hand-power dumbwaiters.

3. Escalators.

4. Moving walks.

5. Freight platform lifts, being,

i. freight platform lifts—Type A, and

ii. freight platform lifts—Type B.

6. Elevating devices for the handicapped, being,

i. stairchair lifts,

ii. stair platform lifts—Type C,

iii. stair platform lifts—Type D,

iv. vertical platform lifts—Type C, and

v. vertical platform lifts—Type D.

7. Manlifts, being,

i. counter-balanced type manlifts,

ii. endless belt type manlifts, and

iii. power type manlifts.

8. Passenger ropeways, being,

i. bar lifts,

ii. chair lifts,

iii. fibre rope tows,

iv. gondola lifts,

v. reversible ropeways, and

vi. wire rope tows.

9. Construction hoists, being,

i. material construction hoists,

ii. workers’ rail-guided construction hoists, and

iii. workers’ rope-guided construction hoists.

10. Incline lifts, being,

i. inclined elevators,

ii. inclined dumbwaiters,

iii. inclined manlifts,

iv. inclined construction hoists,

v. inclined freight platform lifts, and

vi. funicular railways.

11. Stage lifts. R.R.O. 1990, Reg. 316, s. 2.

3. (1) Except where otherwise indicated, this Regulation applies to all existing and new elevating devices and parts thereof.

(2) Despite subsection (1), in the case of an existing elevating device, the application of the codes adopted in this Regulation are restricted to those sections respecting the inspection, testing, maintenance and use of the elevating device.

(3) Where a code referred to in this Regulation is inconsistent with the Act or this Regulation, the Act or this Regulation shall prevail. R.R.O. 1990, Reg. 316, s. 3.

4. (1) Except where otherwise required by this Regulation, an existing elevating device and parts thereof shall, with respect to its design, construction, controls and other characteristics determining its technical and operating features either,

(a) conform to the rules and codes applicable at the time of its installation or initial licensing; or

(b) conform to the requirements of the codes adopted in this Regulation.

(2) Where an alteration is made to an existing elevating device, the alteration shall conform to the requirements of this Regulation.

(3) Where a standard design submission was registered under a predecessor to this Regulation and it is proposed to install a new elevating device in accordance with that standard design submission, the standard design submission shall be updated to conform with the requirements of this Regulation. R.R.O. 1990, Reg. 316, s. 4.

5. Where a new elevating device or part thereof is not specifically covered by a code adopted in this Regulation, it shall be so constructed as to comply with,

(a) such codes or other technical rules as are authorized by the Director under subsection 31 (6) of the Act; or

(b) where there are no codes or rules authorized to cover the particular situation, general engineering practice normally applied to elevating devices on the basis of the adopted codes. R.R.O. 1990, Reg. 316, s. 5.

6. A freight platform lift—Type B having a rise of two metres or less and operating between a loading dock and the bed of a vehicle used to transport goods is exempt from the Act and regulations. R.R.O. 1990, Reg. 316, s. 6.

Design Submission

7. (1) A design submission for an elevating device shall be on a form supplied by the Ministry and shall include the specifications prescribed in subsection (3), the drawings prescribed in subsection (4) and any other calculation sheets and work test certificates necessary to indicate compliance with the Act and this Regulation.

(2) A design submission for an alteration of an elevating device may be limited to the scope of the alteration and shall relate the alteration to the previously registered design submission for the elevating device.

(3) A specification shall,

(a) set out the address of the premises where the elevating device is to be installed;

(b) set out the designation, maximum capacity and rated speed of the elevating device;

(c) contain data necessary to demonstrate that the elevating device conforms to the requirements of the Act and this Regulation, and the data may be limited to the characteristics and features of an elevating device that are not specific to and that are not required by an applicable code for all installations of a particular class of elevating device;

(d) clearly delineate any proposed variance from the applicable codes adopted by this Regulation and outline the reason for such variance, including an assessment of how the variance may affect the safety of the installation;

(e) refer to all applicable codes; and

(f) include a list of supporting drawings and other documentation forming part of the design submission.

(4) Drawings shall,

(a) be identified by a number and date in addition to the information required to be given under clauses (3) (a) and (b);

(b) include layouts, plans and elevation views of the elevating device or parts thereof, and set out all information necessary to demonstrate conformance with this Regulation and the applicable codes;

(c) include electric and hydraulic schematic diagrams indicating safety related circuitry and components and identifying the sequence of operation of the safety related components;

(d) include a legend or a reference to a relevant code for all symbols used in the drawings;

(e) be prepared in accordance with good engineering and drafting practices; and

(f) be accurate and complete.

(5) All individual documents composing a design submission shall bear the signature and seal of the professional engineer who prepared or approved the design submission.

(6) A design submission for an elevating device shall include a statement bearing the seal and signature of the professional engineer who prepared or approved the submission stating that the whole design of the elevating device, including the parts and features not specifically identified in the design submission, are in compliance with the Act and this Regulation, except for any variances set out in the submission and in making such statement the professional engineer may rely on the opinion of or information obtained from another professional engineer or an architect and may indicate in what respect he or she is so relying.

(7) Despite subsections (5) and (6), where a design submission for a material construction hoist, stair chair lift or vertical platform lift—Type D is not yet registered but is based on a previously registered standard design submission, all individual documents comprising the design submission may be signed by an officer or director of the company applying for registration where the officer or director is a mechanic.

(8) The Director may require such information in addition to that required under this Regulation with respect to a design submission as is necessary in his or her opinion to ensure that the design submission meets the requirements of the Act and the regulations. R.R.O. 1990, Reg. 316, s. 7.

8. (1) An applicant for registration of a design submission shall make the application on a form supplied by the Ministry and include with it,

(a) four copies of the design submission or, in the case of a standard design submission, two copies; and

(b) the appropriate fee prescribed in subsection (2).

(2) The following fees are prescribed for the purposes of this section:

1. Subject to paragraphs 2, 3, 4 and 5, in the case of a design submission for a new installation or major alteration, the fee set out in Column 4 of Table 1 opposite the class of elevating device applied for in Column 1.

2. In the case of a design submission that is based on a previously registered standard design submission, 50 per cent of the fee set out in Column 4 of Table 1 opposite the class of elevating device applied for in Column 1.

3. In the case of a design submission for a major alteration of an elevator, the fee set out in Column 4 of item 1 of Table 1.

4. In the case of a design submission for a major alteration of a construction hoist, the fee set out in Column 4 of item 3 of Table 1.

5. In the case of a design submission for a new installation or major alteration of an observation elevator or elevator serving on observation level referred to in subsection 34 (8) or (9), the fee set out in Column 4 of item 1 of Table 1.

6. In the case of a standard design submission, a revision to a design submission or a design submission for a minor alteration, the fee set out in Column 2 of Table 2 opposite the type of design submission applied for in Column 1. O. Reg. 542/96, s. 1.

9. Upon registration of a design submission, the Director shall send to the applicant,

(a) a notice that the design submission has been registered;

(b) two sets of the registered design submission, or in the case of a standard design submission, one set; and

(c) the installation number or registration number, as the case may be, that has been allocated to the elevating device or to the standard design submission. R.R.O. 1990, Reg. 316, s. 9.

10. Where a change is proposed to a registered design submission, no work shall be performed on the portion of the elevating device affected by the change until a design submission outlining the scope of the change with reference to the relevant parts of the registered design submission is prepared in accordance with sections 7 and 8 and registered. R.R.O. 1990, Reg. 316, s. 10.

11. (1) A design submission for a minor alteration—Type A in accordance with subsection 7 (2) shall be forwarded to the Director not later than five working days after completion of the minor alteration.

(2) Where a minor alteration—Type B is made to an elevating device the contractor shall not later than five working days after completion of the alteration notify the Director in writing of the alteration, stating that the parts added, replaced, or altered comply with the applicable codes and the notice shall contain sufficient design details necessary to demonstrate compliance with such codes. R.R.O. 1990, Reg. 316, s. 11 (1, 2).

(3) A contractor who is required to notify the Director of a minor alteration—Type B shall include with the notice the fee set out in item 8 of Table 2.

(4) If a laboratory or organization designated by a code or standard adopted in this Regulation is required by the code or standard to carry out an engineering test or certification of an elevating device component, the person who files the test or certification document with the Director shall include the fee set out in item 9 of Table 2. O. Reg. 542/96, s. 2.

12. (1) The fee for a preliminary review of an elevating device or any component of an elevating device or for an assessment of the acceptability of a requested variance from an adopted code is the amount set out in Table 2.

(2) If a service referred to in subsection (1) is performed on premises other than at the Technical Standards Division of the Ministry, the fee shall include the living expenses and travelling expenses of the inspector defined in section 34.

(3) If an official on behalf of the body responsible for administering this Regulation undertakes a preliminary review of an elevating device or any component of an elevating device or an assessment of the acceptability of a requested variance from an adopted code on premises other than those of the body responsible for administering this Regulation, the person for whom the service is being provided shall pay the official’s living and travelling expenses as defined in section 34, in addition to the fee set out in Table 2. O. Reg. 542/96, s. 3.

Contractors

13. (1) An application for registration as a contractor or for renewal of that registration shall be on a form supplied by the Ministry and shall be accompanied by the fee set out in Table 3. O. Reg. 542/96, s. 4.

(2) It is a term and condition of registration as a contractor that,

(a) the contractor shall be, or shall employ, a mechanic; and

(b) the contractor, or a member of the contractor’s supervisory staff, shall have full knowledge of the Act and this Regulation.

(3) An applicant for registration as a contractor shall supply such information to the Director as is necessary for the Director to determine whether the requirements of subsection (2) are met.

(4) Despite clause (2) (a), where the registration of a contractor is limited to the testing of elevating devices or parts thereof, the contractor is exempt from the requirement of clause (2) (a) where the contractor is a professional engineer or has a professional engineer in the contractor’s continuous employ.

(5) A registration as a contractor expires on the 31st day of March next following the date on which it was issued. R.R.O. 1990, Reg. 316, s. 13 (2-5).

14. (1) Every contractor that maintains an elevating device shall submit annually to the Ministry a list that contains data on the installation numbers, class and location of each elevating device that is maintained by the contractor together with information that indicates the scope of each maintenance contract.

(2) The list referred to in subsection (1) shall be based on the actual status at the end of the fifteenth day of January for the year to which the list relates and shall be submitted not later than the 28th day of February next following. R.R.O. 1990, Reg. 316, s. 14.

15. (1) No work shall be undertaken on an elevating device by a contractor unless it is performed by a mechanic or by a mechanic-intraining under the supervision of a mechanic.

(2) No person shall be involved in a task that is necessarily ancillary or incidental to the installation or maintenance of an elevating device unless he or she is supervised by a mechanic.

(3) No mechanic shall be assigned or undertake work beyond the scope of his or her experience or training. R.R.O. 1990, Reg. 316, s. 15.

Installation

16. (1) A contractor who installs or alters an elevating device shall, after the contractor has carried out a preliminary examination and is satisfied that all work is completed in accordance with the registered design submission and that the installation or alteration complies with the requirements of the Act and the regulations, notify the Director in a form provided by the Director that such is the case and arrange for an initial inspection of the elevating device.

(2) A contractor who installs a new elevating device or alters an existing elevating device shall, on completion of the work, supply to the owner of the elevating device a copy of the registered design submission. R.R.O. 1990, Reg. 316, s. 16.

17. (1) Each component identified in a design submission shall be readily identifiable on the actual installation.

(2) Each component of an elevating device the size, function and operating characteristics of which are not readily identifiable when installed on the elevating device shall bear a permanently affixed name plate indicating all the information needed to facilitate its replacement. R.R.O. 1990, Reg. 316, s. 17.

18. Where an alteration is made to an elevating device, the owner’s copy of the registered design submission shall be amended by the contractor who made the alteration to reflect the changes made. R.R.O. 1990, Reg. 316, s. 18.

Licence for an Elevating Device

19. (1) An applicant for an initial or temporary licence for an elevating device or for a renewal of that licence shall submit an application on the form supplied by the Ministry together with the fee set out in Table 2. O. Reg. 542/96, s. 5.

(2) An initial licence for an elevating device shall be issued for a period not exceeding twelve months and expires on the date specified in the licence.

(3) A renewal of a licence for an elevating device shall be for a period of twelve months.

(4) A temporary licence for an elevating device that is issued by the Director shall be for a period that does not exceed six months. R.R.O. 1990, Reg. 316, s. 19 (2-4).

20. (1) A licensee shall notify the Director within ten days of a change in any particular noted on the licence.

(2) An owner of an elevating device who is not the licensee shall notify the Director within ten days of a change in the owner’s name or address.

(3) Where a change is proposed with respect to the ownership of an elevating device, the owner shall notify the Director, before the proposed change takes place, of the details and the effective date of the change. R.R.O. 1990, Reg. 316, s. 20 (1-3).

(4) Subject to subsection (5), upon receipt of information described in subsection (3) and upon payment of the fee for the transfer of a licence set out in Table 2, the Director shall transfer or reissue the licence to the new owner. O. Reg. 542/96, s. 6.

(5) The Director shall not transfer a licence under subsection (4),

(a) where a seal is affixed to the elevating device under section 10 of the Act;

(b) while the licence is under suspension; or

(c) where there is any outstanding fee owing under this Regulation with respect to the elevating device. R.R.O. 1990, Reg. 316, s. 20 (5).

21. A licence for an elevator shall be posted by the owner in a prominent position in the load-carrying unit of the elevator and a licence for an elevating device other than an elevator shall be posted by the owner on or adjacent to the elevating device for which it is issued. R.R.O. 1990, Reg. 316, s. 21.

Notices

22. (1) Every elevating device shall have securely fastened to it, and conspicuously displayed, a notice indicating the maximum capacity and installation number of the elevating device,

(a) in the load-carrying unit of the elevating device; or

(b) where it is not practicable to fasten it on the load-carrying unit, as close as is practicable to the bottom loading area of the elevating device.

(2) The notice indicating the maximum capacity referred to in subsection (1) shall be supplied by the owner in the form of a plate, and shall set forth in letters and numerals not less than six millimetres in height,

(a) the words “maximum capacity”;

(b) the number of persons allowed to use the elevating device or the total weight in kilograms allowed in the elevating device or both; and

(c) the word “persons” or the symbol “kg” or both, as the case may be.

(3) Where the maximum capacity of an elevating device has been determined both in terms of persons and kilograms, the notice referred to in subsection (2) shall include the alternative maximum capacities, with the word “or” between the capacities.

(4) The notice indicating the installation number referred to in subsection (1) shall be supplied by the Ministry, in the form of a plate or label, and shall set forth the installation number assigned by the Ministry to that elevating device. R.R.O. 1990, Reg. 316, s. 22 (1-4).

(5) The fee for a duplicate installation number referred to in subsection (4) is the fee set out in item 12 of Table 2. O. Reg. 542/96, s. 7.

(6) The notice indicating the maximum capacity and the notice indicating the installation number of the elevating device may be engraved on a single plate or on a control station board provided that the requirements of this section regarding content, size of letters and location of the notices are fulfilled. R.R.O. 1990, Reg. 316, s. 22 (6).

Operation and Maintenance

23. (1) Every owner of an elevating device shall ensure that the elevating device is not used or operated unless it is maintained by a registered contractor in accordance with the requirements of this section.

(2) The methods and intervals of maintenance of an elevating device shall be determined by the owner or by a contractor on behalf of the owner, on the basis of,

(a) the inherent quality;

(b) the manufacturer’s or the manufacturer’s agent’s recommendations for maintenance; and

(c) the frequency and method of usage,

of the elevating device.

(3) The maintenance of an elevating device shall include,

(a) an inspection and examination at regular intervals of all parts and functions of the elevating device;

(b) cleaning, lubricating and adjusting all parts of the elevating device at regular intervals, and the repairing or replacing worn or defective components, in order to prevent the elevating device from becoming unsafe for operation;

(c) repairing or replacing damaged or broken parts;

(d) in addition to those things required under clause (a), (b) or (c) such other examinations or work as is required by this Regulation, an applicable code or an inspector.

(4) The person carrying out the inspection referred to in clause (3) (a) shall be satisfied that the elevating device is in a safe operating condition and that the parts and functions will remain in a safe operating condition until the next scheduled inspection and examination.

(5) Where a part of an elevating device is replaced for any reason, the replacement part shall be at least equivalent to the original part as specified in the design submission or as supplied by the manufacturer of the original part.

(6) Despite subsections (1) and (3), jobs of a housekeeping nature in the load-carrying unit of or access areas to an elevating device may be performed by a person other than a registered contractor. R.R.O. 1990, Reg. 316, s. 23.

24. (1) Where maintenance is carried out on an elevator, dumb-waiter, elevating device for the handicapped or freight platform lift that is equipped with a safety device, the maintenance referred to in subsection 23 (3) shall include an inspection and testing of the safety device and overspeed governor, where an overspeed governor is provided, in accordance with clauses B.1.4, B.1.5 and B.1.6 of the code referred to in section 38.

(2) Where the maintenance is carried out on an endless belt type manlift, the maintenance referred to in subsection 23 (3) shall include an inspection and testing of the safety brake to ensure compliance with clause 5.2.2.3 of the code referred to in section 49.

(3) Where the maintenance is carried out on a counter-balanced type or power type manlift, the maintenance referred to in subsection 23 (3) shall include an inspection and testing of the safety device and overspeed governor, where an overspeed governor is provided, to ensure compliance with clauses 6.11.3 or 7.6.8.2, as the case may be, of the code referred to in section 49.

(4) The inspection and tests required under subsections (1), (2) and (3) shall be carried out at intervals determined in accordance with subsection 23 (3), provided that such intervals are not longer than twelve months between the inspections or tests, as the case may be.

(5) A record of inspections and tests carried out under subsections (1), (2) and (3) shall be made in triplicate on forms supplied by the Ministry and one copy shall be posted in the machine room of the elevating device, one copy shall be kept on file by the contractor and one copy shall be kept on file by the owner and each such record shall be retained for a period of three years from the date of the inspection or test.

(6) Where the ownership of an elevating device changes, the records referred to in subsection (5) shall be transferred to the new owner. R.R.O. 1990, Reg. 316, s. 24.

25. Where a manufacturer or owner of an elevating device or a contractor discovers a defect in a part or component that is related to the safety of operation or usage of an elevating device and that part or component is replaced and as a result of the discovery the same part or component is replaced in other elevating devices because of a possible recurrence of the defect, then the manufacturer, owner or contractor, as the case may be, shall forthwith notify the Director, in writing, stating the nature of the defect and any actions taken to date with respect to the part or component. R.R.O. 1990, Reg. 316, s. 25.

26. Every owner of an elevating device shall ensure that,

(a) there is clear access to the elevating device;

(b) there is a safe and convenient access to the machine room of the elevating device regardless of weather conditions;

(c) the machine room and any part of the elevating device that may be hazardous is closed, locked or otherwise made inaccessible to the public;

(d) the keys required for access to the machine room and other locked parts of the elevating device are readily available at the location of the installation to an inspector or a member of the police or fire department or other person who may be involved in an emergency where the elevating device is located;

(e) a list of persons to be called in case of an equipment or power failure, accident, or any other emergency involving the elevating device is readily available at the location of the installation;

(f) a copy of the registered design submission for the elevating device is readily available to an inspector; and

(g) on the transfer of ownership of an elevating device a copy of the registered design submission is delivered to the new owner. R.R.O. 1990, Reg. 316, s. 26.

27. Every owner of a passenger elevator that is located in an apartment or office building shall ensure that,

(a) in addition to the list required under clause 26 (e) the name and telephone number of the contractor maintaining the elevator, together with the scope and expiry date of the contract covering the maintenance of the elevator; and

(b) the location of the keys required to be available under clause 26(d),

are posted inside the firehose cabinet located closest to the main front entrance of the apartment or building. R.R.O. 1990, Reg. 316, s. 27.

28. (1) In addition to those requirements set out in sections 45, 63 and 69 with respect to attendants or operators, where in the opinion of the Director it is necessary for an elevating device to have one or more attendants or operators to ensure the safety of persons riding or having access to the elevating device, the owner shall ensure that such attendants or operators are stationed at appropriate locations in or about the elevating device.

(2) In addition to those requirements set out in subsection (1) and sections 45, 63 and 69, where an elevating device is powered by a driving unit or equipped with operating devices that are not automatically rendered inoperative should an unsafe condition for operation of the elevating device exist, the owner shall ensure that while the elevating device is in operation, it is supervised and operated by an operator who is stationed at the driving unit of the elevating device or at some other appropriate location. R.R.O. 1990, Reg. 316, s. 28.

29. (1) Every attendant or operator shall have such knowledge of and experience in operating or attending the elevating device that,

(a) he or she is able to attend or operate the elevating device safely without supervision; and

(b) he or she is aware of the hazardous situations that are likely to occur with respect to persons using the elevating device or to materials being carried on it.

(2) Every person learning to be an attendant or operator shall obtain the experience referred to in subsection (1) and perform his or her duties only under the personal supervision of an experienced attendant or operator, as the case may be, a mechanic, or other person having thorough knowledge and experience in the attending or operation of an elevating device and who is aware of the hazards connected therewith. R.R.O. 1990, Reg. 316, s. 29.

30. An attendant shall,

(a) only be responsible for the safe operation and use of the elevating device that is within the scope of his or her employment;

(b) be stationed (in close proximity to the elevating device) in a location designated by the owner of the elevating device;

(c) ensure that persons and materials move with safety to or from the elevating device in the area that is under his or her supervision;

(d) ensure that all doors or gates are closed or other safety measures are taken, as the case may be, before the elevating device is operated or a signal is given to an operator to operate it; and

(e) not operate the elevating device, knowing or having reason to believe that the maximum capacity as shown on the licence is exceeded, except where he or she is assisting in the testing of the elevating device. R.R.O. 1990, Reg. 316, s. 30.

31. An operator shall,

(a) be responsible for the safe operation of the driving unit of the elevating device that he or she is operating;

(b) not operate the driving unit unless he or she has been given a signal by an attendant to operate it or is otherwise satisfied that all doors or gates are closed, the device is not overloaded and that all safety measures have been taken to ensure the safe operation of the elevating device;

(c) be satisfied each day that the elevating device that he or she is operating is safe for normal operation before operating it on that day; and

(d) not leave the driving unit unattended without taking measures to prevent the unauthorized use of the elevating device. R.R.O. 1990, Reg. 316, s. 31.

Inspections

32. (1) In this section and sections 16 and 34,

“follow-up inspection” means an inspection by an inspector that is made after a periodic inspection or special inspection where that inspection reveals that the elevating device does not conform to the requirements of the Act and this Regulation;

“initial inspection” means an inspection by an inspector of a newly installed or altered elevating device made under section 15 of the Act;

“periodic inspection” means an inspection by an inspector of an elevating device that is made under section 27 of the Act;

“special inspection” means an inspection by an inspector,

(a) following a complaint, accident, fire or similar occurrence,

(b) under clause 6 (1) (a) or (g) of the Act,

(c) following any minor alteration of an elevating device;

“subsequent inspection” means an inspection by an inspector that is made subsequent to an initial inspection where the initial inspection reveals that the elevating device does not conform to the requirements of the Act and this Regulation. R.R.O. 1990, Reg. 316, s. 32 (1); O. Reg. 439/96, s. 9; O. Reg 542/96, s. 8.

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

(a) in the case of an initial inspection or subsequent inspection, the contractor who installed or altered the elevating device;

(b) in the case of any other inspection, the owner of the elevating device. R.R.O. 1990, Reg. 316, s. 32 (2).

33. (1) An inspector may, following an inspection, require that a part of an elevating device be sealed to prevent readjustment thereof.

(2) No person shall remove a seal affixed under subsection (1) without the permission of an inspector. R.R.O. 1990, Reg. 316, s. 33.

34. (1) In this section,

“living expenses” means reasonable charges for sleeping accommodation and meals while on duty away from home;

“travelling expenses” means reasonable charges incurred for transportation,

(a) to the place where the inspection is to be made, and

(b) from the place where the inspection is made to the place where the next inspection is to be made, or to the inspector’s office, as the case may be. R.R.O. 1990, Reg. 316, s. 34 (1).

(2) Except where otherwise indicated in this section, the fees to be paid on an initial or subsequent inspection of an elevating device are those fees set out in Column 2 of Table 1 set out opposite the type of elevating device being inspected in Column 1.

(3) Except where otherwise indicated in this section, the fee to be paid on a periodic inspection of an elevating device is that fee set out in Column 3 of Table 1 set out opposite the type of elevating device in Column 1.

(4) The fee on a special inspection of an elevating device set out in Column 1 of Table 1 is the basic fee set out opposite thereto in Column 3.

(5) Where a special inspection takes place because of a complaint, accident, fire or similar occurrence, the fee prescribed in subsection (4) shall only be charged where the inspector has determined that the owner has failed to comply with the requirements of the Act and regulations.

(6) Subject to subsection (7), the fee on a follow-up inspection for an elevating device set out in Column 1 of Table 1 is 50 per cent of the basic fee set out opposite thereto in Column 3.

(7) Where a follow-up inspection reveals that an inspector’s orders have not been completed within the time specified by the inspector or where new orders are given, the fee on a follow-up inspection for an elevating device set out in Column 1 of Table 1 is the basic fee set out opposite thereto in Column 3.

(8) The applicable fee for an inspection of an observation elevator having travel in excess of 30 metres and having fewer than eight entrances is that set out in Table 1.

(9) The applicable fee for an inspection of an elevator designed to travel directly from ground level to an observation level and having travel in excess of 30 metres is that set out in Table 1.

(10) If an inspection is unduly delayed or prolonged by reason of an owner failing to comply with a requirement of clause 6 (1) (c) or (d) of the Act, the owner shall pay,

(a) the additional fee set out in item 7 of Table 2; and

(b) all travelling expenses and living expenses, if any, necessarily incurred by the inspector in connection with the inspection by reason of the delay or prolongation.

(11) Where an inspection is performed by reason of a previously issued order and is specially arranged to suit an owner’s or contractor’s schedule, the inspector’s travelling expenses and living expenses shall be paid in addition to any fee owing under this section. O. Reg. 542/96, s. 9 (1).

(12) The fee for a copy of an inspection report or other document is the fee set out in item 5 of Table 2. R.R.O. 1990, Reg. 316, s. 34 (12); O. Reg. 542/96, s. 9 (2).

34.1 (1) The fees prescribed in Tables 1, 2 and 3 are payable under the Act and this Regulation. O. Reg. 439/96, s. 11; O. Reg. 542/96, s. 10 (1).

(2) A fee set out in Table 1, 2 or 3 that is expressed as an amount per hour is payable on the basis of each quarter hour or part of a quarter hour that the person charging the fee spends, subject to the minimum set out in that Table. O. Reg. 542/96, s. 10 (2).

PART II
GENERAL TECHNICAL REQUIREMENTS

35. (1) The welding of a steel structure on an elevating device shall meet the requirements of CSA Standard W59-1984, Welded Steel Construction (Metal Arc Welding).

(2) The welding of a steel structure on an elevating device shall be undertaken by a fabricator or contractor qualified to the requirements of CSA Standard W47.1-1983, Certification of Companies for Fusion Welding of Steel Structures.

(3) The field welding of piping and fittings on an elevating device shall meet the requirements of CSA Standard B51-M1981, Code for the Construction and Inspection of Boilers and Pressure Vessels. R.R.O. 1990, Reg. 316, s. 35.

36. The machine for an elevating device shall be,

(a) capable of safely lifting the car loaded to its maximum capacity at designed rated speed;

(b) securely fastened to its foundation to prevent it from being moved from its fixed position;

(c) when powered by an internal-combustion engine, arranged so as to discharge the exhaust vertically to the outdoors and not to endanger the safety of any person; and

(d) guarded where necessary to prevent injury to persons from gears, shafts and other hazardous equipment. R.R.O. 1990, Reg. 316, s. 36.

37. Where clips are permitted to fasten metal rope in an elevating device,

(a) the minimum number of clips to be used on each rope end shall be,

(i) two clips for rope under nine millimetres in diameter,

(ii) three clips for rope nine millimetres in diameter and over but under sixteen millimetres in diameter,

(iii) four clips for rope sixteen millimetres in diameter and over but under nineteen millimetres in diameter;

(b) the rope end shall be bent over a heart-shaped thimble that has a groove of a radius equal to that of the rope or shall be provided with equivalent protection satisfactory to the Director;

(c) the clips shall be spaced at a distance apart equal to six times the rope diameter and not closer than four times the rope diameter from the short end of the rope;

(d) U-type clips shall be placed so that the U bolts bear on the short or dead end of the rope and the bases bear on the load part of the rope; and

(e) the nuts on the clips shall not be fully tightened until after the rope has been under load and all nuts shall be fully tightened while the rope is still loaded. R.R.O. 1990, Reg. 316, s. 37.

PART III
ELEVATORS, DUMBWAITERS, ESCALATORS,
MOVING WALKS AND FREIGHT PLATFORM LIFTS

38. (1) Every elevator, dumbwaiter, escalator, moving walk and freight platform lift shall meet the requirements of National Standard of Canada CAN3-B44-M85: Safety Code for elevators.

(2) For the purpose of this Regulation, in National Standard of Canada CAN3-B44-M85,

“rated load” means “maximum capacity”. R.R.O. 1990, Reg. 316, s. 38.

39. Despite subsection 3 (2), rope clip fastenings shall not be used when suspension ropes are changed on an existing elevator. R.R.O. 1990, Reg. 316, s. 39.

40. Every elevator shall have a safe and convenient access to its machine room and machinery space, and such access shall not lead through any part of the hoistway. R.R.O. 1990, Reg. 316, s. 40.

41. (1) Despite subsection 3 (2), every passenger elevator and freight elevator shall meet the requirements of clauses 3.7, 3.8, 3.10.8 and 3.12.2.17 of the code referred to in subsection 38 (1).

(2) Freight elevators installed before the 1st day of May, 1981 that do not meet the requirements of clause 2.12.2 or 2.12.3 shall meet the requirements of clause 2.12.3. R.R.O. 1990, Reg. 316, s. 41.

42. (1) Every existing passenger elevator in an apartment building or educational institution and every new passenger elevator shall be provided at the entrance side of its car platform with a smooth apron made of metal not less than 1.5 millimetres thick, or made of material of equivalent strength and stiffness, reinforced and braced to the car platform such that,

(a) it does not extend less than the full width of the widest hoist-way door opening;

(b) it has a straight vertical face, extending below the floor surface of the car-platform, of not less than 1,200 millimetres, except that for an existing elevator this may be reduced where the hoisting pit is not deep enough to accommodate a larger vertical face;

(c) its lower portion is bent back at an angle not less than 60 degrees and not more than 75 degrees from the horizontal;

(d) it is securely braced and fastened in place to withstand a constant force of 500 newtons applied at right angles to and,

(i) at 450 millimetres from the top without deflecting more than six millimetres, or

(ii) at 1,150 millimetres from the top without deflecting more than fifty millimetres,

and without permanent deformation.

(2) Every passenger elevator referred to in subsection (1) shall have a pit deep enough to accommodate the apron required in subsection (1), and to provide a minimum twenty-five millimetres clearance between the bottom edge of the apron and the pit floor when the car is on fully compressed buffers. R.R.O. 1990, Reg. 316, s. 42.

43. No elevator shall be operated where it is located adjacent to a hoistway of another elevating device in which installation or alteration work is being performed and where the operation of the elevator may be hazardous to the persons performing the work, unless the hoistways are separated from the bottom to a level a minimum of 2,000 millimetres above the point where the work is being performed by unperforated material so supported and braced that when subjected to a force of 450 newtons applied horizontally at any point the deflection does not exceed twenty-five millimetres. R.R.O. 1990, Reg. 316, s. 43.

44. Every passenger elevator and freight elevator shall have its installation number engraved or painted on the car cross-head visible from the main entrance. R.R.O. 1990, Reg. 316, s. 44.

45. Where an existing elevator is controlled from one location only, an attendant shall be stationed at the controls while the elevator is available for operation. R.R.O. 1990, Reg. 316, s. 45.

46. (1) No person other than an attendant or a designated freight handler or both or more than one of each of them shall ride or be permitted to ride in a freight elevator.

(2) No person other than an attendant or a designated freight handler shall ride or be permitted to ride in a freight platform lift—Type B.

(3) No person shall ride or be permitted to ride on a freight platform lift—Type A. R.R.O. 1990, Reg. 316, s. 46.

47. Where the maximum bottom counterweight runby is restricted in an elevator design submission to less than 900 millimetres, the following sign, with letters at least twenty-five millimetres in height, shall be attached to or printed on the hoistway wall in the vicinity of the counterweight buffers of the elevator: “Warning maximum bottom counterweight runby is ..................”. R.R.O. 1990, Reg. 316, s. 47.

48. Despite subsection 3 (2), every escalator shall be fitted with a caution sign that meets the requirements of clause 8.10 of the code referred to in subsection 38 (1). R.R.O. 1990, Reg. 316, s. 48.

PART IV
MANLIFTS

49. Every manlift shall meet the requirements of CSA Standard B311-M1979, Safety Code for Manlifts and Supplement No. 1-1984 to the said code. R.R.O. 1990, Reg. 316, s. 49.

50. Every power type manlift shall be provided with,

(a) a top-of-car operating device; and

(b) a protective guard railing on the top of the car. R.R.O. 1990, Reg. 316, s. 50.

51. No person shall use a manlift except those persons designated by the owner of the manlift as being properly trained in its operation and use. R.R.O. 1990, Reg. 316, s. 51.

PART V
PASSENGER ROPEWAYS

52. Every passenger ropeway shall meet the requirements of National Standard of Canada CAN3-Z98-M78 Passenger Ropeways and Supplement No. 1-1984 to the said standard. R.R.O. 1990, Reg. 316, s. 52.

53. Every passenger ropeway shall be so constructed and installed that the failure of any single, magnetically operated switch, contactor containing metal-to-metal contacts or relay to release does not prevent the passenger ropeway from stopping in response to an emergency device nor permit the passenger ropeway to start or run if any emergency stopping device is activated. R.R.O. 1990, Reg. 316, s. 53.

54. (1) Every owner of a passenger ropeway shall keep a log book in the form supplied by the Ministry, that shall be readily available to an inspector and to other persons designated by the owner.

(2) The log book referred to in subsection (1) shall include at least,

(a) a daily operation and maintenance record; and

(b) non-destructive testing, inspection, and maintenance records of chair grips, chair hangers, and ropes.

(3) The log book shall be retained at the location of the passenger ropeway for a period of,

(a) at least two years for records referred to in clause (2) (a); and

(b) at least ten years for records referred to in clause (2) (b). R.R.O. 1990, Reg. 316, s. 54.

55. In addition to the signs required by the code referred to in section 52, the following signs shall be erected with a minimum of 100 millimetres in height and eleven millimetres in width for each letter:

1. “NO ADMITTANCE”, at the entrance to every machine area.

2. “TOW GRIPPERS PROHIBITED”, at the loading area of every rope tow.

3. “RAISE SAFETY BAR”, at the approach to the unloading area of every chair lift.

4. “EMERGENCY STOPPING DEVICE”, at every emergency stopping device, including safety gates. R.R.O. 1990, Reg. 316, s. 55.

56. Every person who is wearing skis and who is using a rope tow, bar lift or chair lift shall be equipped with,

(a) safety straps between each boot and the ski fastened thereto; or

(b) skis that have arresting devices installed on the skis to prevent the runaway of a ski should a ski binding release. R.R.O. 1990, Reg. 316, s. 56.

57. (1) Every bar lift and rope tow shall,

(a) be equipped with an anti-rollback device located on the drive or return bullwheel;

(b) be so designed and maintained that a skier can be transported to the extreme limits of travel without losing contact with the ground or snow surface, including the distance between the safety gate and the point where an unloaded rope stops following activation of the safety gate;

(c) be so constructed that when an emergency stop control is actuated, the hauling rope does not coast more than 75 per cent of the minimum spacing of passengers on the tow or lift;

(d) be so constructed that, where a brake is used in order to obtain conformance with the requirement of clause (c) and the code referred to in section 52, the brake shall,

(i) be electrically released,

(ii) be applied automatically when the power source is removed, and

(iii) not be connected across the armature or field of a direct current driving motor.

(2) A return rope of a fibre rope tow may be carried on sheaves over the uphill ski track provided the rope is prevented from jumping out of the sheaves by guards and is kept out of the skier’s reach. R.R.O. 1990, Reg. 316, s. 57.

58. (1) Every chair lift or gondola lift shall,

(a) have a service brake that is located so that there is no clutch, V-belt or chain drive or similar device between the brake and the driving bullwheel;

(b) be so equipped that the auxiliary internal combustion engine that drives the circulating rope is rendered inoperative should a tower or any other safety stop switch or gate be actuated; and

(c) be equipped with a readily available service and inspection platform carrier and that is equipped with a two-way radiophone or an alternative equivalent system acceptable to the Director.

(2) The engine referred to in clause (1) (b) shall be tested each day prior to the operation of the chair lift or gondola lift, as the case may be.

(3) Where a platform carrier referred to in clause (1) (c) is affixed to a lift line by means of rope grips that use friction as a gripping method, clamping devices shall be installed in front and behind the grip of the platform carrier.

(4) A clamping device referred to in subsection (3) shall be so designed so as not to cause any damage to the hauling rope sheave, bullwheel or the liners of the sheave or bullwheel. R.R.O. 1990, Reg. 316, s. 58.

59. Each chair of a chair lift shall be equipped with a safety restraining bar that will not release without a positive action by a passenger when the safety restraining bar is closed. R.R.O. 1990, Reg. 316, s. 59.

PART VI
CONSTRUCTION HOISTS

60. (1) Subject to subsection 3 (2), every construction hoist shall comply with the following codes except that where a provision of a code is inconsistent with the Act and this Regulation the provisions of the Act and this Regulation shall prevail:

1. Workers’ rail-guided construction hoist, CSA Standard Z 185—1975, Safety Code for Personnel Hoists, including revisions No. 1 to 7—1977 and revisions No. 8 to 31—1979.

2. Workers’ rope-guided construction hoist, American National Standard ANSI A 10.22—1977, Safety Requirements for Rope-guided and Non-guided Workers’ Hoist.

3. Material construction hoist, CSA Standard Z 256—1972, Safety Code for Material Hoists, including revisions No. 1 to 19—1974, and revision No. 20—1977, and revisions No. 21 to 32—1979.

(2) For the purpose of this Regulation,

“rated load” or “rated loading” in the codes referred to in subsection (1) means “maximum capacity”. R.R.O. 1990, Reg. 316, s. 60.

61. (1) Every construction hoist shall be so designed that the car movement in both the up and down directions is continuously controlled by power.

(2) A material construction hoist that is equipped with a broken-rope type safety shall not be licensed unless a type test indicates that the safety is capable of stopping the car when it is free falling with its rated load.

(3) Subsection (1) does not apply to a hoist that is equipped with a load-carrying unit in the form of a bucket. R.R.O. 1990, Reg. 316, s.61.

62. (1) Where the load-carrying unit of a workers’ rope-guided construction hoist passes through a restricted area at a platform or floor, a control device that positively and automatically lowers the speed of the load-carrying unit to that specified in the related design submission while the load-carrying unit passes through the restricted area shall be installed on the hoist except where the design submission indicates that no speed limitation is required.

(2) In lieu of the control device referred to in subsection (1), an operator utilizing a system of signals may be used to manually control the speed of the hoist. R.R.O. 1990, Reg. 316, s. 62.

63. (1) Every workers’ rail-guided construction hoist, shall while in operation, be attended by an attendant who shall be stationed in the load-carrying unit, and who shall operate the construction hoist and also supervise the loading, passage and unloading of persons and freight.

(2) Every material construction hoist shall while in operation be,

(a) attended by one or more attendants stationed at each location where freight is being loaded or unloaded; and

(b) operated by,

(i) an attendant stationed at the location of the operating devices, provided that the operating devices can be automatically rendered inoperative should any unsafe condition for operation of the construction hoist exist, or

(ii) an operator stationed at the driving unit, where the driving unit and its operating devices cannot automatically be rendered inoperative should an unsafe condition for operation of the construction hoist exist.

(3) Subsections (1) and (2) apply with necessary modifications to the providing of attendants and operators for workers’ rope-guided construction hoists. R.R.O. 1990, Reg. 316, s. 63.

PART VII
ELEVATING DEVICES FOR THE HANDICAPPED

64. Every elevating device for the handicapped shall comply with National Standard of Canada CAN3-B355-M81, Safety Code for Elevating Devices for the Handicapped. R.R.O. 1990, Reg. 316, s. 64.

65. (1) Every owner of a vertical platform lift—Type D and every owner of a stair platform lift—Type D or stairchair lift shall ensure that the public does not have access to the area where the lift is installed while the lift is in operation.

(2) Subsection (1) does not apply in the case of a stair platform lift—Type D or stairchair lift where,

(a) the owner of the lift is able to control and identify persons who will be using the lift or the area where the lift is installed and the owner familiarizes those persons in advance of using the area or lift with the safety rules and procedures concerning the use of the area and the lift; and

(b) the lift meets the requirements of section 69. R.R.O. 1990, Reg. 316, s. 65.

66. The owner of an elevating device for the handicapped shall ensure that,

(a) the device is used primarily for the transportation of handicapped persons;

(b) the operation of the device is restricted to attendants designated by the owner or those persons who in the opinion of the owner are able to use the device without an attendant; and

(c) the persons using the device receive instruction and training that emphasizes the hazards associated with improper use of the device. R.R.O. 1990, Reg. 316, s. 66.

67. (1) The operation of the load carrying unit of an elevating device for the handicapped shall be by means of a key-control for the operating device as set out in subsection (2) or by a method acceptable to the Director that provides the same degree of safety.

(2) A key-control for an operating device may be by means of an on/off lockable switch located near and controlling one or more operating devices or each operating device may be directly key- controlled.

(3) The key for a key-control for an operating device shall be removable only when the switch is in an “off” position. R.R.O. 1990, Reg. 316, s. 67.

68. Every owner of an elevating device for the handicapped that serves a building or part thereof that may be frequented by persons not previously designated by the owner shall,

(a) establish a procedure that will enable a handicapped person to gain access to and use the device; and

(b) ensure that an attendant is available to operate the device when a handicapped person not designated by the owner under clause 66 (b) requires use of the device. R.R.O. 1990, Reg. 316, s. 68.

69. Where a stair platform lift-Type D or stairchair lift is being operated at the same time that other persons are using the area in which the lift is installed,

(a) audio-visual signals shall be emitted that can be heard by persons using the lift and by persons in the area where the lift is installed until the lift is parked in a safe position at a terminal; and

(b) every leading edge or surface of that portion of the lift and its carriage that carries the passengers in both directions of travel shall be equipped with sensitive devices that meet the requirements of clause 7.5.4 of the code referred to in section 64 and that are operational whenever the carriage is in motion. R.R.O. 1990, Reg. 316, s. 69.

70. (1) A person shall only operate a vertical platform lift—Type D, a stair platform lift—Type D or a stairchair lift if the person is satisfied that only persons using the lift have access to the area where the lift is installed.

(2) Subsection (1) does not apply to a person operating a stair platform lift—Type D or a stairchair lift while other persons are using the area in which the lift is installed where,

(a) the conditions set out in subsection 65 (2) exist;

(b) the person operating the lift is an attendant and has, while operating the lift in the folded down position, a clear view of the lift runway in the direction of its movement by walking along with the carriage while it is in motion or has by being stationed at a point, a clear view of the runway;

(c) the person using the lift has, while using the lift, a clear view of the lift runway in the direction of travel; and

(d) the audio-visual signals required under clause 69 (a) are operational. R.R.O. 1990, Reg. 316, s. 70.

71. (1) A notice that the use of an elevating device for the handicapped is restricted to handicapped persons shall be posted at each location of a device, at landing or runway entrances of the device and at the load carrying unit of the device.

(2) The procedure required under clause 68 (a) shall be posted in the form of a notice at the entrance to the building to which it applies or, where the elevating device is readily accessible, at the location of the elevating device.

(3) Where an attendant is required for an elevating device under clause 68 (b) and an attendant is not permanently stationed at the location of the elevating device, a notice shall be posted at the entrance to the elevating device that indicates the procedure to be followed to obtain assistance.

(4) Where subsection 70 (2) applies, a notice shall be posted at the entrance to the elevating device that cautions the user to observe the lift runway for possible obstructions.

(5) The notice referred to in subsection (4) shall where a full view of the entire lift runway is restricted indicate that the operation of a folded down carriage is not permitted. R.R.O. 1990, Reg. 316, s. 71.

72. (1) In addition to those requirements set out in sections 7 and 8, the design submission for an elevating device for the handicapped shall include a detailed report completed on a form supplied by the Ministry from the person who intends to have the elevating device installed, in which the proposed methods of compliance with sections 65 to 69 shall be described.

(2) Where there is a change in the ownership of an elevating device for the handicapped or a substantive change in the type of occupancy of a building in which an elevating device for the handicapped is installed, the owner of the elevating device shall submit to the Director a detailed report on a form supplied by the Minister in which the proposed methods of compliance with sections 65 to 69 shall be described. R.R.O. 1990, Reg. 316, s. 72.

TABLE 1

FEES

Item	Column 1	Column 2	Column 3	Column 4
		Initial and Subsequent Inspections	Other Inspections	Design Submission for New Installation or Major Alteration
1.	Elevator, other than an inclined elevator, serving 10 floors or less (basic); plus item 2	$230.00	$120.00	$230.00
2.	Elevator, other than an inclined elevator, for each additional floor served exceeding 10 floors	18.00		20.00
3.	Construction Hoist—10 entrances or less and 30 metres of mast or tower (basic); plus items 4 & 5	230.00		230.00
4.	Construction Hoist—for each additional 3 metres or part thereof of mast or tower	3.00	120.00	3.00
5.	Construction Hoist—for each entrance over 10 entrances	18.00		--
6.	Escalator, manlift, moving walk, stage-lift (per section)	230.00	120.00	230.00
7.	Elevating Devices for the Handicapped	150.00	120.00	210.00
8.	Freight Platform Lift, Rope Tow, Dumbwaiter	200.00	120.00	230.00
9.	i. Chair Lift—up to and including 10 towers; plus item 11 ii. Gondola Lift—up to and including 10 towers; plus item 11 iii. Reversible Ropeway—up to and including 10 towers; plus item 11 iv. Funicular Railway—up to and including 10 towers; plus item 11	600.00	120.00	575.00
10.	i. Bar Lift—up to and including 10 towers; plus item 11 ii. Inclined Elevator	350.00	120.00	350.00
11.	For each tower in excess of 10 towers	35.00	120.00 (see Note)	35.00
12.	Special installation—per person, per hour (minimum two hours)	90.00	120.00	120.00

NOTE:Does not apply with respect to Items 9 and 10.

O. Reg. 542/96, s. 12.

TABLE 2

FEES

Item	Column 1	Column 2
1.	Registration of a design submission for a revision subsequent to initial registration for one elevating device	$115.00
2.	Registration of a design submission for a standard design submission, new	500.00
3.	Registration of a design submission for a standard design submission, revised	250.00
4.	Registration of a design submission for a minor alteration for one elevating device	250.00
5.	Copy of an Inspection report or other document	40.00
6.	Inspection Status Summary (covering up to six devices at one location)	70.00
7.	Excess time charge for delaying or prolonging inspection, (per person, per hour, minimum one hour)	90.00
8.	Filing of notification of a minor alteration—Type B	60.00
9.	Filing of a certification or an engineering test report of an elevating device component	400.00
10.	Preliminary review of the design of an elevating device or component, including an assessment of acceptability for a variance from adopted codes (per person, per hour)	120.00
11.	On an application for a licence for an elevating device or a renewal of the licence	110.00
12.	For a duplicate installation number under subsection 22 (4)	60.00
13.	Transfer or reissue of a licence	60.00
14.	Issuance of a temporary licence	400.00

O. Reg. 542/96, s. 12.

TABLE 3

FEES—CONTRACTOR’S REGISTRATION

Item	Column 1	Column 2
1.	Initial registration as an elevating device contractor	$535.00 per class
2.	Renewal of registration as an elevating device contractor	$325.00 per class
3.	Initial/Renewal registration as a limited scope contractor (see Note)	$325.00 per class
4.	Application by an owner for initial registration to maintain elevating devices owned by the contractor	$20.00 per device (minimum  $80.00) to a maximum of $535.00
5.	Application by an owner for renewal registration to maintain elevating devices owned by the contractor	$20.00 per device (minimum  $80.00) to a maximum of $325.00
6.	Registration fee for a consultant to permit testing elevating devices regardless of number of classes	$440.00

NOTE:A contractor’s registration is limited in scope when it is limited to specific functions.

O. Reg. 542/96, s. 12.

SCHEDULE REVOKED: O. REG. 542/96, S. 11.