Maine Revised Statutes Title 32 Sec. 15229 – Duties of owners of elevators or tramways
Current as of: 2023 | Check for updates
|
Other versions
1. Owner responsibility. The responsibility for design, construction, maintenance and inspection of an elevator or tramway rests with the person, firm, partnership, association, corporation or company that owns the elevator or tramway.
[PL 2001, c. 573, Pt. B, §35 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).]
Terms Used In Maine Revised Statutes Title 32 Sec. 15229
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Director: means the Director of the Office of Professional and Occupational Regulation within the department. See Maine Revised Statutes Title 32 Sec. 15202
- Elevator: includes an escalator or a manlift and means a guided hoisting and lowering mechanism equipped with a car, platform or load-carrying unit, including doors, well, enclosures, means and appurtenances. See Maine Revised Statutes Title 32 Sec. 15202
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Owner: means a firm, person, partnership, association, corporation or state or political subdivision that owns an elevator or tramway. See Maine Revised Statutes Title 32 Sec. 15202
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Tramway: includes the following:
2. Obtain inspection certificate. The owner of an elevator or tramway shall submit an annual application for an annual inspection certificate together with the inspection report within 30 business days of the inspection and prior to the expiration of the current certificate. The application must be on a form provided by the director and must be accompanied by the required fee set by the director under section 15225?A. A late fee set by the director under section 15225?A may be assessed for failure to submit the application and inspection report in a timely manner.
[PL 2013, c. 70, Pt. D, §36 (AMD).]
3. Failure to qualify for inspection certificate. The owner of an elevator or tramway that does not qualify for an inspection certificate shall take the elevator or tramway out of operation until the required repairs have been made and a new inspection certificate has been issued.
[PL 2001, c. 573, Pt. B, §35 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).]
4. Notify director when required repairs made. The owner of an elevator or tramway shall notify the director when required repairs have been made and provide the director with satisfactory evidence of completion.
[PL 2013, c. 70, Pt. D, §36 (AMD).]
5. Elevator or tramway declared idle or placed out of service. The owner of an elevator or tramway that has been declared idle or placed out of service in accordance with rules adopted by the director shall notify the director within 30 days of declaring the elevator or tramway idle.
[PL 2013, c. 70, Pt. D, §36 (AMD).]
6. Removal. The owner of an elevator or tramway shall notify the director within 30 days of the removal of the elevator or tramway.
[PL 2013, c. 70, Pt. D, §36 (AMD).]
7. Change of ownership. The owner of record of an elevator or tramway shall notify the director of a transfer of ownership of an elevator within 30 days of such transfer. The new owner shall apply, on a form provided by the director, for a new inspection certificate that will be issued without the need for an additional inspection for the remainder of the term of the current certificate. A fee for issuance of a new inspection certificate may be set by the director under section 15225?A.
[PL 2013, c. 70, Pt. D, §36 (AMD).]
8. Failure to comply. In addition to the remedies available under this chapter, an owner who fails to comply with the provisions of this chapter or rules adopted by the director is subject to the provisions of Title 10, section 8003, subsection 5 whether or not the elevator or tramway has a current inspection certificate, except that, notwithstanding Title 10, section 8003, subsection 5, paragraph A?1, subparagraph 3, a civil penalty of up to $3,000 may be imposed for each violation.
[PL 2013, c. 70, Pt. D, §36 (AMD).]
SECTION HISTORY
PL 2001, c. 573, §B35 (NEW). PL 2001, c. 573, §B36 (AFF). PL 2013, c. 70, Pt. D, §36 (AMD).