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Elevators and Lifts General Regulations

made under Section 23 of the

Elevators and Lifts Act

S.N.S. 2002, c. 4

O.I.C. 2003-81 (February 28, 2003), N.S. Reg. 46/2003

as amended up to O.I.C. 2013-105 (March 28, 2013, effective April 1, 2013), N.S. Reg. 97/2013


Table of Contents


General

Citation

Interpretation

Prescribed safety codes

Designation of classes of elevating devices

Exclusions from the application of the Act


Licences for Elevating Devices

Granting or renewal of a licence

Transfer of a licence

Suspension of a licence

Lost or mislaid licence


Submissions for Installation Permit

Submission of drawings and specifications

Filing of approval by other authorities


Certificates of Competency

Classes and scope of certificates of competency

Qualifications required for certificates of competency

Qualifications required for inspectors and other persons who make inspections

Issue of a certificate of competency

Period in force of a certificate of competency

Renewal of a certificate of competency

Reasons for suspension or cancellation

Lost or mislaid certificate of competency


Contractors

Classification of contractors and scope of work

Registration of registered contractor

Suspension or cancellation of registered contractor registration


Inspections

Fees and expenses for inspections

Liability of inspectors

Inspector to keep information confidential


Use, Operation and Maintenance of Elevating Devices

Requirements for use, operation and maintenance of elevating devices

Conduct of persons in or about elevating devices

Notices to be displayed in an elevating device

Additional notice to be displayed in a freight elevator

Lost or mislaid notice


Appeals

Appeal Board membership

Filing an appeal

Appeal hearing

Jurisdiction of the Appeal Board


Schedule A - Prescribed Fees


Schedule B - Form of Licence for Elevating Device




General


Citation

1     These regulations may be cited as the Elevators and Lifts General Regulations.


Interpretation

2     (1)    In these regulations,

 

                (a)    “Act” means the Elevators and Lifts Act;

 

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

 

                (c)    “chair lift” means a passenger ropeway by which passengers are carried on chairs that are

 

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

 

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

 

                (d)    “compliance audit” means a review by the Chief Inspector of calculation sheets, work test documentation, inspection reports, condition reports or any other information that the Chief Inspector requires an owner to submit for the purpose of obtaining or continuing to hold a licence for an elevating device;

Clause 2(1)(d) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

                (e)    “condition report” means a report from a registered contractor in the form prescribed by the Chief Inspector, verifying the safe condition and manner of operation of an elevating device;

 

                (ea)  “emergency personnel” means a person from an emergency services agency as defined in the Emergency “911” Act;

Clause 2(1)(ea) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

                (f)    “enclosed stair platform lift” means a stair platform lift that has its runway guarded so as to prevent access to it;

 

                (g)    “enclosed vertical platform lift” means a vertical platform lift that has a fully enclosed runway;

 

                (h)    “existing”, in relation to an elevating device or part thereof, refers to a device or part that was installed or for which drawings and specifications were approved before these regulations came into force;

 

                (i)     “freight elevator” means an elevating device that is designed and constructed to carry freight and on which an operator and freight handlers are permitted to ride;

 

                (j)     “gondola lift” means a passenger ropeway by which passengers are carried in enclosed cars that are

 

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

 

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

 

                (k)    “lift for persons with physical disabilities” means an elevating device that

 

                         (i)     travels between fixed points of a building structure,

 

                         (ii)    is restricted as to access, speed, travel and type of operation, and

 

                         (iii)   is specifically designed to be used by a person with a physical disability;

 

                (l)     “maintenance” means regularly scheduled work or other action taken to ensure that an elevating device is and will remain in safe operating condition;

 

                (m)   “material lift” means an elevator that

 

                         (i)     is equipped with a car that moves within a guide system installed at an angle greater than 70º from the horizontal,

 

                         (ii)    serves 2 or more landings,

 

                         (iii)   is restricted as to location, access, speed, travel and type of operation, and

 

                         (iv)   is specifically designed to transport materials that are

 

                                  (A)   automatically loaded or unloaded using an automatic loading device, or

 

                                  (B)   manually loaded or unloaded in a Type A lift in which no persons are permitted to ride, or a Type B lift in which authorized personnel are permitted to ride;

 

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

 

                (o)    “new”, in relation to an elevating device or part thereof, refers to a device or part for which drawings and specifications are registered after these regulations come into force;

 

                (p)    “passenger elevator” means an elevating device that is designed and constructed primarily to carry persons;

 

                (q)    “reversible ropeway” means a passenger ropeway by which passengers are carried in one or more cars that are fixed to a hauling rope that is independent of a track rope, and that reciprocate between terminals;

 

                (r)    “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 while remaining in contact with the ground or snow surface;

 

                (s)    “safety code” means a code or standard prescribed in Section 3;

 

                (t)     “special elevating device” means an elevating device that is not otherwise defined in these regulations;

 

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

 

                (v)    “stair chair lift” means a lift for persons who are physically disabled 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;

 

                (w)   “stair platform lift” means a lift for persons who are physically disabled 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 45º;

 

                (x)    “unenclosed stair platform lift” means a stair platform lift that has a partially enclosed or unenclosed runway;

 

                (y)    “unenclosed vertical platform lift” means a vertical platform lift that has a partially enclosed or unenclosed runway;

 

                (z)    “vertical platform lift” means a lift for persons who are physically disabled that is equipped with a platform that moves vertically.

 

       (2)    A “major alteration", for the purpose of the Act and these regulations, means an alteration that results in a substantial change to the original design, inherent safety or operational characteristics of an elevating device or that is defined as a major alteration in an applicable safety code, and, without limiting the generality of the foregoing, includes any alteration to an elevating device that results in

 

                (a)    an increase in rated speed;

 

                (b)    an increase in rated load;

 

                (c)    an increase or decrease in the dead weight of a car;

 

                (d)    an increase or decrease in travel;

 

                (e)    a change in type of operation;

 

                (f)    a change in type of control;

 

                (g)    a change in size or type of guide rails;

 

                (h)    a change in type of car;

 

                (i)     a change in the counterweight safety;

 

                (j)     the use of a freight elevator to transport employees;

 

                (k)    a change in classification from freight to passenger service;

 

                (l)     a change in power supply;

 

                (m)   replacement of an existing driving machine by a new driving machine;

 

                (n)    a change in location;

 

                (o)    replacement of the existing controller or control equipment;

 

                (p)    the addition of a control or safety feature required in an amendment to a safety code; or

 

                (q)    a change in an existing car enclosure.

 

       (3)    For the purpose of clause 5(b) of the Act, “mechanic in training” means a person who is currently enrolled in an approved mechanics education program and is currently working under the supervision of a mechanic.

 

       (4)    In subsection 6(3) of the Act, “directly supervised” means supervised by a person who is on site and available to assist and supervise the person requiring supervision.

Subsection 2(4) added: O.I.C. 2005-517, N.S. Reg. 218/2005.


Prescribed safety codes

3     (1)    The new installation, major alteration or maintenance of an elevating device must be conducted in accordance with the following safety codes, as applicable:

 

                (a)    CSA Standard B44, Safety Code for Elevators, as amended from time to time;

 

                (b)    CSA Standard Z185, Safety Code for Personnel Hoists, as amended from time to time;

 

                (c)    CSA Standard Z256, Safety Code for Material Hoists, as amended from time to time;

 

                (d)    CSA Standard B311, Safety Code for Manlifts, as amended from time to time;

 

                (e)    CSA Standard B355, Safety Code for Lifts for Persons with Physical Disabilities, as amended from time to time;

 

                (f)    CSA Standard Z98, Passenger Ropeways, as amended from time to time;

 

                (g)    CSA Standard B613, Private Residence Lifts for Persons with Physical Disabilities, as amended from time to time;

 

                (h)    CSA Standard B44.1, Elevators and Escalators Electrical Equipment, as amended from time to time;

 

                (i)     CSA Standard C22.1, Canadian Electrical Code Part 1, Safety Standards for Electrical Installations, as amended from time to time;

 

                (j)     ASME standard A17.2, “Guide for Inspection of Elevators, Escalators and Moving Walkways”, as amended;

Clause 3(1)(j) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

                (k)    ASME standard QEI-1-2004, “Standard for Qualification of Elevator Inspectors”, as amended.

Clause 3(1)(k) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (2)    Despite subsection (1), the Chief Inspector may accept another safety code that provides for a standard of safety equal to or greater than the standard of safety provided for in a safety code prescribed in subsection (1).


Designation of classes of elevating devices

4     The following classes of elevating devices are designated for the purposes of the Act and these regulations:

 

                (a)    elevators, comprising

 

                         (i)     passenger elevators,

 

                         (ii)    freight elevators, and

 

                         (iii)   material lifts;

 

                (b)    dumbwaiters;

 

                (c)    escalators;

 

                (d)    moving walks;

 

                (e)    lifts for persons with physical disabilities, comprising

 

                         (i)     stairchair lifts,

 

                         (ii)    enclosed stair platform lifts,

 

                         (iii)   unenclosed stair platform lifts,

 

                         (iv)   enclosed vertical platform lifts, and

 

                         (v)    unenclosed vertical platform lifts;

 

                (f)    manlifts;

 

                (g)    passenger ropeways, comprising

 

                         (i)     bar lifts,

 

                         (ii)    chair lifts,

 

                         (iii)   gondola lifts,

 

                         (iv)   reversible ropeways, and

 

                         (v)    ropetows;

 

                (h)    construction and material hoists;

 

                (i)     incline lifts;

 

                (j)     stage lifts; and

 

                (k)    special elevating devices.


Exclusions from the application of the Act

5     In addition to the devices and machines identified in Section 3 of the Act, the Act does not apply to

 

                (a)    dumbwaiters that have a car floor or platform frame area of 0.2787 m2 (3 ft.2) or less, and maximum capacity of 45 kg (100 lbs.) or less;

 

                (b)    devices that have a travel length of 2000 mm (79 in.) or less and are used only for the transfer of material or equipment;

 

                (c)    elevating devices that are used for agricultural purposes only and are

 

                         (i)     installed in or adjacent to a barn, and

 

                         (ii)    used exclusively by the proprietor or the tenant of the barn;

 

                (d)    vehicle lubrication hoists, automotive or industrial lubricating hoists and similar devices;

 

                (e)    freight ramps that have a means for adjusting the slope of the ramp;

 

                (f)    lift bridges and wharf ramps;

 

                (g)    appliances that feed materials into or position materials at machine tool presses, furnaces, or other processing plants;

 

                (h)    hoists that are used for raising or lowering materials and are fitted with unguided hooks, slings or similar means for attachment to the materials;

 

                (i)     swing stages and window washing equipment;

 

                (j)     a ship or vessel, unless it is permanently moored and used by the public, or unless the owner requests in writing that the Act apply to it; and

 

                (k)    platform elevators that are installed in a ship or offshore drilling rig and used to load and unload cargo, equipment and personnel.


Licences for Elevating Devices


Granting or renewal of a licence

6     (1)    A licence for an elevating device may be granted or renewed under subsection 11(1) of the Act only if

 

                (a)    the Chief Inspector receives from the owner

 

                         (i)     a completed application or renewal application in a form prescribed by the Chief Inspector,

 

                         (ii)    the applicable fee prescribed in Schedule A,

 

                         (iii)   a condition report, and

 

                         (iv)   additional information required by the Chief Inspector in order to complete a compliance audit of the elevating device; and

Subclause 6(1)(a)(iv) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.                                                            

 

                (b)    the Chief Inspector is satisfied that the elevating device

 

                         (i)     complies with the Act and these regulations, and

 

                         (ii)    is likely to be operated in a safe condition and manner.

 

       (2)    A licence for an elevating device must be in the form prescribed in Schedule B.

 

       (3)    A licence for an elevating device is valid until the expiry date on the licence, for a maximum term of 3 years, unless the licence is suspended sooner.

Subsection 6(3) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.


Transfer of a licence

7     (1)    Subject to subsection (2), a licence may be transferred under subsection 11(1) of the Act only if

 

                (a)    the Chief Inspector receives from the owner of the elevating device for which the licence was granted

 

                         (i)     a completed application in a form prescribed by the Chief Inspector,

 

                         (ii)    the fee prescribed in Schedule A for the transfer of a licence, and

 

                         (iii)   a condition report dated within the 12 months immediately preceding the application; and

 

                (b)    the Chief Inspector is satisfied that the elevating device for which the licence was granted

 

                         (i)     complies with the Act and these regulations, and

 

                         (ii)    is likely to be operated in a safe condition and manner after the transfer.

 

       (2)    The Chief Inspector must not transfer a licence

 

                (a)    while it is suspended;

 

                (b)    if the Chief Inspector believes on reasonable grounds that any of the conditions for suspension prescribed in Section 8 are present; or

 

                (c)    if the applicant for transfer is in arrears in paying any fee or expense for which the applicant is liable under the Act or these regulations.


Suspension of a licence

8     A licence for an elevating device may be suspended under subsection 11(1) of the Act if

 

                (a)    the Chief Inspector believes on reasonable grounds that the elevating device is being operated in violation of the provisions of the Act or these regulations;

 

                (b)    a major alteration of the elevating device has been commenced;

 

                (c)    the owner of the elevating device has failed to comply with a notice or order of an inspector, or has failed to file condition reports as required by the Chief Inspector;

Clause 8(c) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

[Note: N.S. Reg. 218/2005 cites clause 8(a) as being amended, but the phrase replaced (“an annual condition report”) only occured in clause 8(c).]

 

                (d)    the owner of the elevating device is in arrears for more than 14 days in paying any fee or expense for which the owner is liable under the Act or these regulations; or

 

                (e)    the elevating device is sealed out of service by an inspector.

 

9     (1)    If the Chief Inspector suspends a licence for an elevating device under subsection 11(1) of the Act, the Chief Inspector must give the owner a notice setting forth

 

                (a)    every condition under which the Chief Inspector suspended the licence; and

 

                (b)    the effective date of the suspension,

 

and upon receipt of the notice, the owner must immediately return the licence to the Chief Inspector.

 

       (2)    Upon being satisfied that every condition under which the licence for an elevating device was suspended has been fully remedied, the Chief Inspector may make an order in writing discontinuing the suspension and, if made, must give the owner of the elevating device a true copy of the order.

 

       (3)    A true copy of an order required to be given under subsection (2) must include the requirement that the owner pay the licence reinstatement fee prescribed in Schedule A.

 

       (4)    A licence that has been suspended continues to be suspended until the Chief Inspector receives payment of the licence reinstatement fee.

 

       (5)    Despite subsections (3) and (4), no licence reinstatement fee is payable if the licence was suspended for a major alteration to the elevating device and the owner has complied with the Act and regulations in carrying out the major alteration.


Lost or mislaid licence

10   If a licence for an elevating device is lost or mislaid, or so damaged that it is unusable, a replacement may be supplied upon payment of the applicable fee prescribed in Schedule A.


Submissions for Installation Permit


Submission of drawings and specifications

11   (1)    Drawings and specifications submitted for registration under subsection 12(1) of the Act must be

 

                (a)    in the form prescribed by the Chief Inspector; and

 

                (b)    accompanied by the applicable fee prescribed in Schedule A.


Filing of approval by other authorities

12   Approval from a municipal fire inspector or the Fire Marshal’s office to install a stairchair lift or stair platform lift in a stairway must be filed with the Chief Inspector.


Certificates of Competency


Classes and scope of certificates of competency

13   For the purposes of the Act and these regulations, the classes and scope of certificates of competency are as follows:

 

                (a)    Class A Certificate of Competency, which

 

                         (i)     designates a mechanic working for or as a registered contractor in constructing, installing, altering, repairing, maintaining, servicing, inspecting, examining and testing elevating devices, and

 

                         (ii)    covers all classes of elevating devices with the exception of passenger ropeways;

 

                (b)    Class B Certificate of Competency, which

 

                         (i)     designates a mechanic working for or as a registered contractor solely in constructing, installing, altering, repairing, maintaining, servicing, inspecting, examining and testing lifts for persons with physical disabilities, and

 

                         (ii)    is restricted to stair chair lifts, stair platform lifts and vertical platform lifts; and

 

                (c)    Class C Certificate of Competency, which designates a mechanic working for or as a registered contractor solely in constructing, installing, altering, repairing, maintaining, servicing, inspecting, examining and testing passenger ropeways.


Qualifications required for certificates of competency

14   The qualification requirements for an applicant for a certificate of competency are

 

                (a)    for a Class A Certificate of Competency, successful completion of a 4-year program of practical skills and theoretical training as provided by the Canadian Elevator Industry Education Program or another equivalent educational program acceptable to the Chief Inspector;

 

                (b)    for a Class B Certificate of Competency, successful completion of a 2-year training program similar to the program described in clause (a), or another equivalent educational program or sections of a program acceptable to the Chief Inspector;

 

                (c)    for a Class C Certificate of Competency,

 

                         (i)     documented proof of at least 5 years of work in constructing, installing, altering, repairing, maintaining and servicing passenger ropeways, with a minimum of 1000 hours of work per year,

 

                         (ii)    an affidavit from the applicant’s employer verifying the applicant’s competency to carry out their duties as a passenger ropeway mechanic, including but not limited to any practical skills gained from technical training the applicant may have taken, and

 

                         (iii)   successful completion of the lift mechanic training courses approved by the passenger ropeway industry and the Chief Inspector.


Qualifications required for inspectors and other persons who make inspections

15   (1)    To qualify to be appointed as an inspector, a person must hold a Class A Certificate of Competency and show proof of having had training and experience in the design, construction, maintenance and inspection of elevating devices that, in the Chief Inspector’s opinion, is sufficient to enable the person to discharge their duties capably.

 

       (2)    Within 2 years of being appointed as an inspector, a person must take the necessary steps to become certified by the National Association of Elevator Safety Authorities and receive a Qualified Elevator Inspector Certification issued by the National Association of Elevator Safety Authorities.

Subsection 15(2) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (3)    To qualify to make inspections under the Act, a person who is not an inspector must hold a certificate of competency that is valid for the class of elevating device that the person is to inspect.


Issue of a certificate of competency

16   (1)    The Chief Inspector may issue a certificate of competency upon receipt from the applicant of

 

                (a)    a completed application in the form prescribed by the Chief Inspector;

 

                (b)    proof that the applicant meets the qualification requirements in Section 14 for the class of certificate for which they are applying; and

 

                (c)    if the applicant is not an inspector, the certificate of competency application fee prescribed in Schedule A.

 

       (2)    A Certificate of Competency may be in a form approved by the Chief Inspector.

 

       (3)    Despite subsection (1), the Chief Inspector may issue a Class A Certificate of Competency to

 

                (a)    a person who worked in constructing, installing, altering, repairing, maintaining or servicing elevating devices prior to the coming into force of these regulations, if the person

 

                         (i)     provides documented evidence that they have been working as described during a continuous period up to the effective date of these regulations, for a total of at least 10 000 hours of work,

 

                         (ii)    provides documented evidence acceptable to the Chief Inspector of their practical skills and any related technical training, and

 

                         (iii)   successfully passes an examination provided for that purpose by the Canadian Elevator Industry Education Program or another equivalent educational program acceptable to the Chief Inspector; or

 

                (b)    an out-of-Province applicant who shows documented evidence that the applicant meets the requirements in clause (a).


Period in force of a certificate of competency

17   A certificate of competency is valid until the expiry date on the certificate, for a maximum term of 3 years, unless the certificate is suspended or cancelled sooner.

Section 17 replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.


Renewal of a certificate of competency

18   (1)    The Chief Inspector may renew a certificate of competency issued to an inspector, with no requirement for submission of an application or payment of a renewal fee by the inspector, provided that the requirements set out in subsection 15(2) are met.

Subsection 18(1) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (2)    The Chief Inspector may renew a certificate of competency issued to a person other than an inspector upon receipt from the person of

 

                (a)    an application in the form prescribed by the Chief Inspector; and

 

                (b)    payment of the renewal of certificate of competency fee prescribed in Schedule A.

Subsection 18(2) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (3)    If a certificate of competency issued to a person other than an inspector is not renewed under subsection (2), the Chief Inspector may, at any time within the 12 months following the expiry date, reinstate the certificate upon receipt from the person of an application and renewal fee as required in subsection (2).

 

       (4)    If a person other than an inspector fails to renew or have reinstated a certificate of competency under subsection (2) or (3), any subsequent application is subject to the application requirements in subsection 16(1) for the issue of a certificate.


Reasons for suspension or cancellation

19   The Chief Inspector may suspend, cancel or refuse to renew a certificate of competency if satisfied that the holder of the certificate

 

                (a)    is not competent or lacks reasonable skills;

 

                (b)    has failed to comply with a relevant enactment;

 

                (c)    has been wilfully negligent in making an inspection;

 

                (d)    has knowingly falsified an inspection report; or

 

                (e)    if an inspector, has a direct or indirect interest in the manufacture, sale, installation or maintenance of elevating devices.


Lost or mislaid certificate of competency

20   If a certificate of competency is lost or mislaid, or so damaged that it is unusable, a replacement may be supplied upon payment of the applicable fee prescribed in Schedule A.


Contractors


Classification of contractors and scope of work

21   (1)    The classes of registered contractors are as follows:

 

                (a)    Class A, designating a registered contractor who

 

                         (i)     is involved in constructing, installing, altering, repairing, maintaining, servicing, inspecting, examining and testing all classes of elevating devices designated in these regulations except passenger ropeways, and

 

                         (ii)    employs mechanics with Class A Certificates of Competency;

 

                (b)    Class B, designating a registered contractor who

 

                         (i)     is solely involved in constructing, installing, altering, repairing, maintaining, servicing, inspecting, examining and testing lifts for persons with physical disabilities, and

 

                         (ii)    employs mechanics with Class B Certificates of Competency;

 

                (c)    Class C, designating a registered contractor who

 

                         (i)     is solely involved in constructing, installing, altering, repairing, maintaining, servicing, inspecting, examining and testing of passenger ropeways, and

 

                         (ii)    employs mechanics with Class C Certificates of Competency;

 

                (d)    Class D, designating a registered contractor who

 

                         (i)     is solely involved in examining all classes of elevating devices designated in these regulations except passenger ropeways, and

 

                         (ii)    holds, or employs a person who holds, in lieu of a Class A or B Certificate of Competency, a Qualified Elevator Inspector Certification issued by the National Association of Elevator Safety Authorities.


Registration of registered contractor

22   (1)    The Chief Inspector may register a person in one of the classes of registered contractors designated in Section 21, if the person submits an application in the form prescribed by the Chief Inspector and pays the registration of contractor fee prescribed in Schedule A,

 

                (a)    if the person holds a contractor registration granted under the previous Elevators and Lifts Act and regulations, prior to the expiry date of their existing registration as set out in subsection 37(2); or

 

                (b)    if the person is a new registrant, before commencing to work as a registered contractor.

 

       (2)    A registration is valid until the expiry date on the registration, for a maximum term of 3 years, unless the registration is suspended or cancelled sooner.

Subsection 22(2) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (3)    The Chief Inspector may renew the registration of a registered contractor if, prior to the expiry date, the registered contractor submits to the Chief Inspector

 

                (a)    a renewal application in the form prescribed by the Chief Inspector; and

 

                (b)    the registration of contractor renewal fee prescribed in Schedule A.


Suspension or cancellation of registered contractor registration

23   The Chief Inspector may suspend or cancel the registration of a registered contractor if the Chief Inspector is satisfied that the registered contractor, or an employee of the registered contractor,

 

                (a)    has violated or failed to comply with the Act or these regulations;

 

                (b)    has caused or permitted an elevating device under their control to be used in an unsafe condition or while overloaded;

 

                (c)    has performed work on or about an elevating device or machine in a manner that has impaired the safe operation of the device or machine or may have endangered the safety of persons or freight on or about the device;

 

                (d)    has knowingly permitted any subcontractor or employee of a subcontractor to perform work under the subcontract in a manner likely to impair the safety of persons or freight on or about the elevating device;

 

                (e)    has worked or acted in or about an elevating device while impaired by alcohol or drugs; or

 

                (f)    has knowingly permitted any subcontractor or employee of a subcontractor to work or act in or about an elevating device while impaired by alcohol or drugs.


Inspections


Fees and expenses for inspections

24   (1)    If an inspector or a person employed by the Chief Inspector under Section 4 of the Act inspects an elevating device, the owner must pay the applicable fee prescribed in Schedule A whether the inspection is

 

                (a)    required by the inspector or the Chief Inspector; or

 

                (b)    requested by the owner of the elevating device for the purpose of

 

                         (i)     an application for the grant or transfer of a licence,

 

                         (ii)    a request for discontinuance of a suspension of the licence,

 

or any other object.

 

       (2)    An owner must pay the same fee for an additional inspection as is required under subsection (1) if

 

                (a)    an inspector or the Chief Inspector determines that an inspected elevating device is not in a condition to justify the grant or transfer of the licence or the discontinuance of a suspension of the licence; and

 

                (b)    the owner requests the additional inspection.


Liability of inspectors

25   (1)    No action or other proceedings for damages lies or may be instituted against an inspector for an act or omission done by the inspector in good faith in the execution of any power or duty under the Act or these regulations.

 

       (2)    Subsection (1) does not relieve the government of liability for a tort committed by an inspector to which it would otherwise be subject.


Inspector to keep information confidential

26   An inspector must not disclose and cannot be compelled to disclose any information or records received or made in the course of the inspector’s duties under the Act or these regulations, unless

 

                (a)    in the Chief Inspector’s opinion, the disclosure is necessary for the administration of the Act or these regulations;

 

                (b)    the person to whom the information or record relates consents to the disclosure;

 

                (c)    the information is required in court proceedings; or

 

                (d)    the disclosure is required by another enactment.


Use, Operation and Maintenance of Elevating Devices


Requirements for use, operation and maintenance of elevating devices

27   (1)    An owner of an elevating device must ensure that the elevating device

 

                (a)    is used or operated, or permitted to be used or operated so that

 

                         (i)     the safety of persons and freight on or near it is ensured, and

 

                         (ii)    it will not travel beyond, or deviate from, the safe limits of its fixed position or proper line of travel;

 

                (b)    is maintained so that

 

                         (i)     the safety of persons and freight on or near it is ensured, and

 

                         (ii)    it will not travel beyond, or deviate from, the safe limits of its fixed position or proper line of travel.

 

       (2)    The maximum capacity of an elevating device is as

 

                (a)    determined by the Chief Inspector following a review of the drawings and specifications that have been registered for the installation or major alteration of the elevating device; or

 

                (b)    specified by its manufacturer and set out in the drawings and specifications that have been registered for the installation or major alteration of the elevating device.

 

       (3)    The licence for an elevating device must designate the maximum capacity of the elevating device as 1 or more of the following:

 

                (a)    the total number of persons;

 

                (b)    the total weight in kilograms or pounds;

 

                (c)    the number of persons per hour.

Subsection 27(3) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (4)    The owner of an unlicenced elevating device, except a new installation during its construction phase, must ensure that

 

                (a)    a seal is placed on the elevating device by an inspector to seal the elevating device out of service; and

 

                (b)    the elevating device remains sealed at all times.

Subsection 27(4) added: O.I.C. 2005-517, N.S. Reg. 218/2005.


Conduct of persons in or about elevating devices

28   No person shall act in or about an elevating device in a manner that may

 

                (a)    impair the safe operation of the elevating device; or

 

                (b)    endanger their safety or the safety of another person or any freight.

 

29   (1)    No person shall remove, displace, interfere with, or damage any device installed in or about an elevating device for its safe operation, unless required to do so by

 

                (a)    an inspector;

 

                (b)    a registered contractor; or

 

                (c)    a mechanic,

 

for the purpose of making a test or repair.

 

       (2)    If a safety device has been removed, displaced, interfered with, or damaged, either under or in violation of subsection (1),

 

                (a)    the elevating device must not be entered, used or operated for any purpose other than inspection, testing, or repair, until the safety device has been restored to good working order, and

 

                (b)    the owner, the inspector who is making the inspection, or the registered contractor or mechanic who is making the test or repair must take such action as they consider necessary to prevent the elevating device from being entered, used or operated except as permitted by clause (a).

 

       (3)    Despite subsection (1), emergency personnel may remove, displace, interfere with or damage any device installed in or about an elevating device or interfere with its safe operation, if it is for the sole purpose of permitting them to perform an emergency rescue.

Subsection 29(3) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (4)    A person must not break or remove an inspector’s seal that is on a safety device or that is placed to seal an elevating device out of service unless an inspector has authorized them to do so.

Subsection 29(4) added: O.I.C. 2005-517, N.S. Reg. 218/2005.


Notices to be displayed in an elevating device

30   (1)    An owner of an elevating device must ensure that a notice respecting the maximum capacity of the elevating device is conspicuously displayed

 

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

 

                (b)    for an elevating device without a single load-carrying unit, as close as practicable to the bottom landing of the device.

 

       (2)    The notice respecting maximum capacity must be mounted by means of a metal plate and be in the following form, in letters and numerals not less than 3/4 in. (19.05 mm) high:


MAXIMUM CAPACITY

[numeral representing

number of persons, weight

in kilograms or pounds, or number of persons per hour, as applicable]

[“PERSONS”, “KG”or “LBS”, or “PERSONS PER HOUR”, as applicable]

Subsection 30(2) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (3)    Despite subsection (2), if the maximum capacity of an elevating device is designated on the licence in more than one manner, the notice required by subsection (1) must include all expressions of the maximum capacity, in the following form:


MAXIMUM CAPACITY

[numeral] PERSONS

OR

[numeral]

[“KG” or “LBS”, as applicable]

OR

[numeral] PERSONS PER HOUR

Subsection 30(3) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (4)    An owner is responsible for providing the notice and metal plate for mounting the notice as required by subsections (1), (2) and (3).

 

       (5)    An owner of an elevating device must ensure that the metal plate provided by the Chief Inspector that contains notice of the installation number assigned for the elevating device is securely fastened and conspicuously displayed on the device.

 

       (6)    No person shall use or operate, or cause or permit to be used or operated, an elevating device unless the notices required by this Section are displayed in accordance with this Section.


Additional notice to be displayed in a freight elevator

31   (1)    In addition to the notices required by Section 30, an owner of a freight elevator must display a notice in a conspicuous place in the car or other load-carrying unit of the freight elevator, in the following form and in letters not less than 1 in. (25.4 mm) high:


THIS IS NOT A PASSENGER ELEVATOR

NO PERSONS OTHER THAN

THE OPERATOR AND FREIGHT-HANDLERS

ARE PERMITTED TO RIDE ON THIS ELEVATOR

 

       (2)    An owner is responsible for providing the notice required by this Section.

 

       (3)    No person shall use or operate, or cause or permit to be used or operated, a freight elevator unless the notice required by this Section is displayed in accordance with this Section.


Lost or mislaid notice

32   If a notice required by Section 30 or 31 is lost or mislaid, or so damaged that it is unusable, a replacement may be supplied upon payment of the applicable fee prescribed in Schedule A.


Appeals


Appeal Board membership

33   (1)    The Appeal Board shall consist of the following 3 members:

 

                (a)    a mechanic who has been employed as a mechanic for at least 5 years;

 

                (b)    an owner or a representative of an owner; and

 

                (c)    a registered contractor, a professional engineer or an individual who has professional expertise in the installation or maintenance of elevating devices.

 

       (2)    The Minister shall designate 1 Appeal Board member as Chair.

 

       (3)    A member of the Appeal Board holds office for a term not exceeding 3 years and may be reappointed.

 

       (4)    No person who is a civil servant shall serve on the Appeal Board.


Filing an appeal

34   (1)    A person may appeal to the Appeal Board if they are directly aggrieved by a decision, conditions or an order of the Chief Inspector regarding

 

                (a)    a certificate of competency;

 

                (b)    an application for contractor registration;

 

                (c)    an application for a certificate of competency; or

 

                (d)    a licence or an audit.

 

       (2)    An aggrieved person may appeal in writing to the Appeal Board within 30 calendar days of the date of the issue of the decision, conditions or order being appealed.

 

       (3)    An appeal of a decision, conditions or an order does not suspend the operation of the decision, conditions or order.


Appeal hearing

35   (1)    The Appeal Board may conduct a hearing orally or in writing.

 

       (2)    The Appeal Board may

 

                (a)    confirm, vary or revoke the decision or order appealed;

 

                (b)    refer a matter back to the Chief Inspector for reconsideration with or without direction; or

 

                (c)    make any decision or order that the Inspector could have made.

 

       (3)    A decision of the majority of the members of the Appeal Board is a decision of the Appeal Board.

 

       (4)    A decision of the Appeal Board must be in writing.


Jurisdiction of the Appeal Board

36   The Appeal Board has exclusive jurisdiction to determine questions of

 

                (a)    law;

 

                (b)    fact; and

 

                (c)    mixed law and fact

 

that arise in any matter before it, and a decision or order of the Appeal Board is final and binding and not open to review except in the case of an error of law or jurisdiction.


Section 37 repealed: O.I.C. 2005-517, N.S. Reg. 218/2005.



Schedule A - Prescribed Fees

(Elevators and Lifts Act)

 

Item                                   Nature of Fee or Circumstance                                Amount

 

1     Grant*, renewal, or reinstatement of a licence (includes compliance audit), per year, for

       (a)    a passenger elevator.......................................................................................$161.05

       (b)    a freight elevator............................................................................................$161.05

       (c)    an escalator....................................................................................................$161.05

       (d)    a dumb waiter................................................................................................$128.85

       (e)    a manlift........................................................................................................$161.05

       (f)     a lift for persons with physical disabilities........................................................$96.65

       (g)    a rope tow.....................................................................................................$193.25

       (h)    a pony lift......................................................................................................$193.25

       (i)     a chair ski lift.................................................................................................$515.30

       (j)     a T-bar lift.....................................................................................................$450.90

       (k)    a gondola lift.................................................................................................$515.30

       (l)     a reversible ropeway......................................................................................$515.30

 

(*For a licence for a new installation applied for after September 1 in any year, the fee for the first year is one-half the applicable amount listed.)

 

2     Transfer of a licence...............................................................................................$64.40

 

3     Issue or renewal of a certificate of competency, per year.....................................$64.40

 

4     Issue of an installation permit, for

       (a)    a passenger elevator.......................................................................................$281.40

       (b)    a freight elevator............................................................................................$281.40

       (c)    an escalator....................................................................................................$281.40

       (d)    a dumb waiter................................................................................................$281.40

       (e)    a manlift........................................................................................................$281.40

       (f)     a lift for persons with physical disabilities......................................................$125.05

       (g)    a rope tow.....................................................................................................$156.35

       (h)    a pony lift......................................................................................................$156.35

       (i)     a chair ski lift.................................................................................................$500.30

       (j)     a T-bar lift.....................................................................................................$375.25

       (k)    a gondola lift.................................................................................................$500.30

       (l)     a reversible ropeway......................................................................................$500.30

 

5     Initial registration* of a contractor, for first year...............................................$257.65

(*For the initial registration of a contractor applied for after September 1 in any year, the fee for the first year is one-half the applicable amount listed.)

 

6     Registration or renewal of a registration of a contractor after first year,

per year.................................................................................................................$128.85

 

7     Any inspection, per hour, of

       (a)    a passenger elevator.......................................................................................$125.10

       (b)    a freight elevator............................................................................................$125.10

       (c)    an escalator....................................................................................................$125.10

       (d)    a dumb waiter................................................................................................$125.10

       (e)    a manlift........................................................................................................$125.10

       (f)     a lift for persons with physical disabilities........................................................$62.55

       (g)    a rope tow.....................................................................................................$125.10

       (h)    a pony lift......................................................................................................$125.10

       (i)     a chair ski lift.................................................................................................$125.10

       (j)     a T-bar lift.....................................................................................................$125.10

       (k)    a gondola lift.................................................................................................$125.10

       (l)     a reversible ropeway......................................................................................$125.10

 

8     Fee for a duplicate of a lost, mislaid or damaged

       (a)    licence.............................................................................................................$64.40

       (b)    certificate of competency.................................................................................$64.40

       (c)    notice (metal plate-mounted, or label)..............................................................$64.40

Schedule A replaced: O.I.C. 2013-105, N.S. Reg. 97/2013.




Schedule B - Form of Licence for Elevating Device


Licence for Elevating Device

Elevators and Lifts Act

20___


This licence for an elevating device is granted under the Elevators and Lifts Act and regulations to _________________________________ (owner) of  

_____________________________ (address of owner) and authorizes the licensee to operate, or cause or permit to be operated, a _____________________________________________ (type of elevating device) now installed at _____________________________________________ (location of elevating device) designated as Installation No. ___________________.


The maximum capacity of the elevating device described above is designated as (select one or more, as applicable):


___________ lbs./kg, or___________ persons, or ___________ persons per hour.


This licence is valid from _________ (date) to _____________ (date), unless sooner suspended.

(Sticker)

Granted at Halifax, in the Province of

Nova Scotia, on


________________________, 20___.


______________________________

Chief Inspector

Schedule B replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.