PWS-Elevator Maintenance Amendment 1.pdf

MEMORANDUM FOR RECORD 26 March 2020

FROM: 366 Financial Acquisition Squadron 366 Gunfighter Ave, Suite 2102 Mountain Home AFB, ID 83648

SUBJECT: Amendment 1; Amendment to Performance Work Statement (PWS) dated 25 February 2020; Vertical Transportation Equipment Maintenance, Repair, and Inspection Services.

1. The purpose for this memorandum is to add an addendum to the PWS. This change is to add Paragraph 8.2.1- Continuation Of Essential Department Of Defense Services During Crisis Declared By The National Command Authority Or Overseas Combatant Commander, in the original PWS as followed;

IAW Department of Defense Instruction (DoDI) 3020.37. Continuation of Essential Contractor Services During Crisis, and the Air Force implementation thereof, unless otherwise directed by an authorized government represenative, it is determined Elevator Maintenance services under this PWS are essential and must be performed during a crisis. The Contractor shall continue providing service to the requesting organization 24 hours a day until the crisis is over. The contractor shall submit a contingency plan for operating under said conditions. This plan is due to the CO and COR within 30 calendar days following contract award and shall include how the contractor will ensure continuation of services, contain the employee’s name, address, home phone number, cell phone number, social security number, security clearance, and duty title. Contractor employees, with approved background checks will be allowed unescorted access to the installation for performance of work in a FPCONs except “Delta”. The CO, PM, or COR shall notify the contractor of a “Delta” condition as soon as possible after security conditions have been implemented. . The contractor shall notify the COR to schedule routine maintenance 24 hours in advance during conditions relating to crisis or declared emergencies to ensure access to building elevators with minimal impedance.

JACLYN D. FISH

Contracting Specialist

PERFORMANCE WORK

STATEMENT FOR

VERTICAL TRANSPORTATION

EQUIPMENT MAINTENANCE, REPAIR, &

INSPECTION SERVICES

25 February 2020 Updated 26 March 2020

Mountain Home AFB, Idaho

PERFORMANCE WORK STATEMENT (PWS) FOR

VERTICAL TRANSPORTATION EQUIPMENT MAINTENANCE, REPAIR, &

INSPECTION SERVICES

1. DESCRIPTION OF SERVICES. The Contractor shall provide all management, tools, supplies, equipment, parts and labor necessary to maintain, repair, and inspect the real property vertical transportation equipment (VTE) at Mountain Home AFB (MHAFB) in a manner that will ensure continuous and safe operation (full maintenance and repair with the exception of the exclusions listed in paragraph 2 below). The VTE and their locations are listed in Appendix B.

NOTE: The term “VTE” in this Performance Work Statement (PWS) includes all equipment listed in Appendix B: freight and passenger elevators, escalators, and may include wheelchair/stair lifts, dock levelers, and dumbwaiters.

1.1. This full maintenance contract signifies a VTE service provider (Contractor) takes total service responsibility for the equipment identified in the contract. Except those services covered in paragraph 2 below, includes all inspections, maintenance, repairs, replacements, and routine and emergency service calls. The Contractor assumes all responsibility and determines the amount of service visits and types of service required to keep the VTE operating safely and within the performance objectives of paragraph 6.

1.2. Work conducted on VTE will be in accordance with the American Society of Mechanical Engineers (ASME) A17.1-2016 (or applicable code for year VTE put in service) Safety Code for Elevators and Escalators (ASME A17.1); ANSI/ASME A17.2-2014, Guide for Inspection of Elevators, Escalators, and Moving Walks (applicable to equipment); A17.3-2015, Safety Code for Existing Elevators and Escalators (applicable to equipment); National Fire Protection Association Standards (NFPA); Unified Facilities Criteria (UFC) 3-600-01; Fire Protection Engineering for Facilities, Occupational Safety and Health Administration (OSHA) Standards and the recommendations of the original equipment manufacturer (OEM).

1.3. SPECIAL QUALIFICATIONS. The Contractor will be licensed by the State in which the work is conducted to provide the services specified in this contract. All work will be performed by personnel who are trained and qualified for the systems and equipment. Contractor personnel shall be certified by appropriate federal and state regulatory agencies to meet federal and local certification requirements (documentation provided to Contracting Officer (CO)/Contracting Officer’s Representative (COR) or representative upon request) in maintenance of VTE.

1.4. SCHEDULE COORDINATION. The Contractor shall be responsible for coordinating all phases of his/her operations with the appropriate base personnel through the Contracting Officer (CO)/Contracting Officer’s Representative (COR)or representative. The facilities shall remain in operation while the Contractor is working, and it is up to the Contractor to coordinate around the normal activities of the facility.

2. EXCLUDED SERVICES. The following are not covered in the full maintenance service arrangement and are considered over and above services:

2.1. Alterations (a.k.a., modernizations) are not covered in the full maintenance service arrangement. (See Paragraph 3.2)

2.2. Acts by parties other than the Contractor of vandalism, abuse, negligence, damage resulting from rescue and recovery operations, acts of God (including damage resulting from emergency power generator power spikes and low quality) are not included in this PWS.

2.3. Additional items excluded in the full maintenance coverage are cosmetic, construction, ancillary components of the VTE system including the finishing, repairing or replacement of the cab enclosure, ceiling frames, hoistway door panels, door frames, sills, car flooring, floor covering, main line power switches, main power breaker(s), hydraulic elevator jack outer housing, buried piping, smoke and fire sensors, fire service reports, main communication feeders to controller, security systems, batteries for emergency lighting and lowering that are not solely dedicated to the VTE, air conditioners, and heaters.

2.4. Routine cleaning and refinishing of the interior of cars and the exterior of the hoistway doors and frames is not included in the basic full maintenance service.

2.5. In the event that the Contractor encounters an item of work included in paragraph 2.1 through 2.4, the Contractor will report the situation to the designated government represenative and/or COR. The report will include the work location, a detailed scope of the required work, justification for Contractor determination that the work was not included in the contract, and an itemized cost estimate (including time to repair, all required parts and a breakdown of labor hours). NOTE: Any part, component or assembly unavailable from the manufacturer due to obsolescence, remains the Contractor’s responsibility to obtain an engineered equivalent product from a commercial source.

3. DEFINITIONS:

3.1. Maintenance, Repair and Replacement. All maintenance, repair and replacement of damaged, broken, or worn parts are to be done in a manner that ensures that the equipment may be operated safely. Maintenance, repair and replacement are actions to restore equipment to a state in which it may safely perform its required operations as installed in accordance with the manufacturer’s recommendations. See ASME A17.1 for requirements.

3.2. Alteration. Alteration/modernization will be covered on an over and above Contract Line Item (CLIN) or it may result in a modification to the contract. The typical alteration results in a betterment to the safe operation of the equipment. In the case of elevators, when an alteration is made, all affected safety requirements must be complied with. All work as part of an alteration is required to comply with specific requirements of the current ASME A17.1 Code edition. See ASME A17.1 for requirements.

4. MAINTENANCE AND INSPECTION SERVICES:

4.1. The Contractor with the CO/COR (or designated representative) shall determine the working order and condition of all VTE listed in Appendix B within thirty (30) calendar days following contract award. The Government shall either replace missing items or repair all items not in working order or serviceable condition. The CO will give instructions for situations where a unit requires a level of repair potentially constituting alteration as described by paragraph 3. The Contractor and the CO shall certify their agreement as to the working order of the equipment.

All repair work shall be in accordance with standard commercial practices using only new parts of equal quality specified by the VTE manufacturer in effecting repairs (substitution of a different component is only permitted where it is equivalent to that which was tested, as determined by the certifying agency).

4.2. The Contractor shall develop and submit to the Government an annual written Maintenance Control Program (MCP) for each VTE within thirty (30) calendar days following contract award.

The MCP shall, at a minimum, include required inspections, timelines for inspections and maintenance to be performed. The MCP shall ensure compliance with all minimum code requirements.

4.3. The Contractor shall perform maintenance in accordance with the MCP to ensure reliable and continuous safe operation. The maintenance work shall be in accordance with commercial practices or manufacturer’s specifications, if available, and shall be intended to maintain the VTE in safe and reliable operating condition. The MCP is required to specify appropriate intervals for specific maintenance items.

4.4. Cleaning of equipment spaces and daily cleanup of job sites in conjunction with maintenance, inspections and tests, and repairs are required.

4.5. The Contractor shall perform all necessary inspections and tests as required under ASME A17.1 Appendix N, and AFMan 91-203 par. 2.5.6.1 using a Qualified Elevator Inspector (QEI) within the first quarter of the first year. A 5-year Certificate to Operate shall be issued upon successful completion of initial tests and inspections pending successful completion of an annual safety and operation inspection. The initial tests shall include the five-(5)-year test for all traction and roped hydraulic elevators regardless of due date. The three- (3) - year test shall be scheduled in conjunction with the annual test and inspection two years later from the first initial inspection and test. The government (owner) authorizes the contractor to act as its authorized agent having the authority with in its jurisdiction to have inspections conducted and the responsibility to provide a certificate of operation following the initial inspections.

4.6. The Government may perform inspections of the VTE at no cost to the Contractor for purposes of capital asset management and quality assurance. If discrepancies are discovered during these inspections, the Contractor shall be notified in writing of any determination and may be responsible for the corrective actions.

4.7. The Contractor shall prepare and submit a written report within two (2) business days of work. The report shall be submittted to the designated government representative and identify each VTE, the location, maintenance work performed, repairs needed, date of inspection, name of inspector, and overall condition of the VTE.

4.8. The Contractor shall maintain a copy of all current VTE inspection documentation, along with an index indicating the location, date inspected, and date of the next required inspection having provided the original to the CO/COR. The index and copies of certificates shall be delivered to the CO/COR or representative upon request; however, no later than one (1) business day of such request.

5. REPAIR SERVICE CALLS. Contractor shall provide service calls (routine and emergency) under the full maintenance service agreement at no additional charge. All repair work shall be done in accordance with standard commercial practices. Contractor shall repair and replace components of the VTE at no additional cost to the Government. When a component in a labeled product is replaced, it must be replaced with an identical component manufactured under the original labeling service (certifying agency). Substitution of a different component is only permitted where it is equivalent to that which was tested, as determined by the certifying agency.

The parts used for replacement are required to comply with all the requirements that the old parts originally complied with. The Unified Facilities Guide Specifications (UFGS) and the UFC will be used to benchmark acceptable replacement components. See UFGS 14 21 00. 00 20 Electric Traction Elevators, UFGS 14 21 13 Electric Traction Freight Elevators, UFGS 14 21 23 Electric Traction Passenger Elevators, and UFGS 14 2 00 Hydraulic Elevators for guidance.

5.1. Routine Calls. Service calls will be classified as routine when the work or adjustments do not qualify as an emergency call.

5.1.2. The Contractor shall respond in-person to the VTE and begin work on routine service calls within 3 hours after receipt of the call during normal business hours.

5.1.3. The Contractor shall report to the work location, survey the repair, and provide the CO/COR or representative an estimate of time and cost of repairs not covered in the full maintenance service contract, but necessary to bring the VTE back to operation. The Contractor shall commence repair work after notification from the CO/COR. The Contractor shall prepare and submit to the CO/COR a written report within two (2) business days after the repair. The report shall include the date and time of the service call, the location of the VTE, the repairs performed, and the name of the technician performing the repairs.

5.2. Emergency Calls. Emergency calls are defined as calls made for services when a VTE system fails and constitutes a danger to personnel; threatens to damage properties; or threatens to disrupt activity, operations, and/or training missions.

5.2.1. The following personnel are authorized to contact the contractor in the event of an emergency as defined in para .5.2. Mr. Guy Cumber and/or Mr. Ed Schafer.

5.2.2. The Contractor shall respond in person to the VTE and begin work on emergency service calls within 2 hours after receipt of the call.

5.2.3. The Contractor shall report to the work location, survey the repair, and provide base contracting an estimate of time to repair and cost of repairs not covered in the basic full maintenance service contract but necessary to bring the VTE back to operation. The Contractor shall commence repair work after notification from the CO/COR. The Contractor shall prepare and submit to the CO/COR a written report within two (2) business days after the emergency repair. The report shall include the date and time of the service call, the location of the VTE, the repairs performed, and the name of the technician performing the repairs.

6. SERVICES SUMMARY.

The Government will evaluate the Contractor performance in accordance with the following criteria. Performance evaluations will be rendered in one or more Government databases for that purpose.

Performance Objective PWS Para Performance Threshold

1. Written Maintenance Control Program (MCP) for each VTE for all equipment.

MCP identifies all maintenance intervals to include safety inspections.

4 MCP in accordance with ASME A17.1 delivered to CO within 30 calendar days following contract award.

2. VTE Service Availability 4 VTE availability is 95%.

Calculation = ((sum of all VTE * # days in service during the selected month for each VTE) / (# VTE * # days in the selected month)).

3. Repair Service Call Routine – Response Time.

Response to routine calls within time specified in paragraph 5.1.2.

5 Response to routine service calls are on-time 95% of the time on a monthly basis.

4. Repair Service Call Emergency – Response Time.

Response to emergency calls within time specified in paragraph 5.2.2.

5 Response to emergency service calls are on-time 95% of the time on a monthly basis.

5. Service Call Repairs – Repair Quality.

Repairs are of high quality resulting in reduced call backs.

5 Only two call backs (same instance) each month.

6. Inspection – MCP Adherence Inspection to MCP 95%

7. Preventative Maintenance - MCP Adherence

4.7., 5.1.3, 5.2.3.

Preventative maintenance performed to MCP 95% of time.

8. Reporting 2, 4, 5 Submit reports in a manner consistent with PWS 95% of the time.

7. INCIDENTAL GOVERNMENT FURNISHED PROPERTY AND SERVICES.

7.1. Telephones. Government telephone facilities shall be made available for local calls to the contractor for official business use only.

7.2. Security Police and Fire Protection:The Government will provide general on-base security and fire protection services. Security Police telephone extension is 8-2256 (on-base) and 208-828-2256 (from all other phones) for both emergency and routine calls. Fire protection emergency phone is 8-0911(from on-base phone) and 208- 828-0911(from all other phones).

7.3. Utilities: All reasonable quantities of electricity will be made available to the Contractor without charge.

7.4. Toilet facilities: Use of existing toilet facilities in the immediate work area will be permitted. The Contractor will ensure facility cleanliness is maintained at all times to the extent of cleaning up after Contractor personnel only.

The Government does not anticipate providing any government furnished property (GFP).

8. QUALITY CONTROL

8.1. HOURS OF OPERATION.

Normal operating hours are 0730 to 1630 Monday through Friday, except for Federal holidays or when the installation is officially closed by the 366th FW Commander.

Recognized Federal Holidays. A minimum of ten paid holidays per year:

New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day.

A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) The contractor is not required to provide service during 366 FW Family and/or Down Days:

Contract Manager and Alternate. Contractor shall appoint in writing to the CO within ten (10) business days following contract award a contract manager and alternate(s). Any changes to this letter of appointment shall be provided to the CO within three (3) business days. These individual(s) will be responsible for contract performance IAW the PWS. The contract manager or alternate will have full authority to act for the contractor on all contract matters The name of this person, and an alternate or alternates, will act for the contractor when the primary is absent.

All contractor personnel must present a neat appearance and be easily recognized as contractor employees. This may be accomplished by wearing contractor-furnished clothing bearing the company name and/or logo. Dress of office workers will be in good taste and conducive to working with the general public. The contractor will identify himself as a contractor in meetings, telephone conversations, and e-mails and in any correspondence with the Government.

All employees shall fluently read, write, speak, and understand the English language.

8.2. SECURITY REQUIREMENTS. Contractor/Employee Base Pass and Identification, Special Clearances and Vehicle Passes.

8.2.1. The contractor shall comply with all requirements and procedures IAW AFFARS 5353.242-9000, contractor Access to Air Force Installations. All documentation shall be submitted at the pre-performance conference.

The contractor shall provide a completed 366th SFS Form 30 for each employee requiring installation access to the Contract Specialist (CS) within five (5) business days following contract award. After approval, the CS will notify the contractor that the employees may get their installation access ID at the Visitor’s Center.

The contractor shall retrieve all identification media, including vehicle passes from employees who depart for any reason before the contract expires i.e. terminated for cause, retirement, etc.

Traffic Laws. The contractor and its employees shall comply with base traffic regulations.

Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their contractor owned vehicle or privately owned vehicle while on MHAFB.

For Official Use Only (FOUO). The contractor shall comply with DoD 5400.7-R, Chapter 4, DoD Freedom of Information Action (FOIA) Program, requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting and safeguarding FOUO material.

Reporting Requirements. Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware that may pose a threat to the security of DoD personnel, contractor personnel, resources, and classified or unclassified defense information. Contractor employees shall be briefed by their immediate supervisor upon initial on-base assignment.

Physical Security. The contractor shall be responsible for safeguarding all government property.

At the end of each work period, all government facilities, equipment, and materials shall be secured.

CONTINUATION OF ESSENTIAL DEPARTMENT OF DEFENSE SERVICES DURING

CRISIS DECLARED BY THE NATIONAL COMMAND AUTHORITY OR OVERSEAS

COMBATANT COMMANDER. IAW Department of Defense Instruction (DoDI) 3020.37.

Continuation of Essential Contractor Services During Crisis, and the Air Force implementation thereof, unless otherwise directed by an authorized government represenative, it is determined Elevator Maintenance services under this PWS are essential and must be performed during a crisis.

The Contractor shall continue providing service to the requesting organization 24 hours a day until the crisis is over. The contractor shall submit a contingency plan for operating under said conditions. This plan is due to the CO and COR within 30 calendar days following contract award and shall include how the contractor will ensure continuation of services, contain the employee’s name, address, home phone number, cell phone number, social security number, security clearance, and duty title. Contractor employees, with approved background checks will be allowed unescorted access to the installation for performance of work in a FPCONs except “Delta”. The CO, PM, or COR shall notify the contractor of a “Delta” condition as soon as possible after security conditions have been implemented. . The contractor shall notify the COR to schedule routine maintenance 24 hours in advance during conditions relating to crisis or declared emergencies to ensure access to building elevators with minimal impedance.

8.3. ENVIRONMENTAL CONTROL.

8.3.1. Hazardous Material Inventory and Safety Data Sheets (SDS): SDS are required as specified in Federal Standard No. 313 for all potentially hazardous materials. SDSs must be submitted by the Contractor within ten (10) calendar days following contract award to the CO/COR for a determination of whether or not a product is a HAZMAT and what additional requirements may be applicable/necessary. Approval is required before bringing any hazardous materials (HAZMAT) onto the installation. The government (HAZMART personnel) shall inventory all chemicals the Contractor brings on to MHAFBor any property under the control of MHAFB Any products that meet the criteria of “Hazardous Waste” must be bar coded and tracked until permanently removed from government property. The inventory shall be performed prior to commencement of work. Criteria for identifying hazardous waste, is contained in Subpart C of 40 CFR, Part 261.

8.3.2. Material Storage and Use. The contractor shall follow manufacturer's guidelines and professional recommendations for control of humidity, temperature, cleanliness, and materials handling. This includes hazardous materials.

8.3.3. Notification of Environmental Spills. If a spill occurs, the person discovering the spill shall make every effort to stop the product flow, when possible, warn personnel, shut off ignition sources, contain the spill, make notifications, and begin cleanup. If the spill is considered an emergency and there is a potential life, health, fire, or other safety hazard, the MHAFB Fire Department shall be notified IMMEDIATELY. Responsible units/activities shall clean up small spills safelyand within their capabilities to do so. Generally, a spill of only a few gallons shall berecovered by the responsible unit/activity using absorbent materials or a spill kit located by the site. Recovered product and contaminated materials shall be packaged and staged for disposal in accordance with the installations hazardous waste procedures. Contact the Environmental Office (208-828-6351) for guidance. The liability for the spill or release of such substances rests solely with the contractor and its agent.

8.3.4. Waste. Identify, label, handle, store, and dispose of hazardous waste or debris in accordance with federal, state, and local regulations. Ensure all waste has undergone the appropriate hazardous waste determination and documentation is retained for these determinations. Do not dispose of hazardous waste on Government property. Do not discharge any waste to a sanitary sewer, storm drain, or to surface waters or conduct waste treatment or disposal on Government property without written approval of the CO and Environmental.

Consult with the Hazardous Waste Program Manager (366 FW/A7IE) at 208-828-1684/6351 prior to disposal of any waste.

8.4. ASBESTOS. The Contractor shall comply with Section 29 CFR 1910.1001(j)(7)(iv).

VTE may be located in facilities that may contain ACM or PACM. The Contractor (not the

Government) shall determine if any exposure to ACM may result in performing work under the contract.

Records Management: All records, files, and documents, regardless of media (e.g., paper, electronic, etc), as described in this PWS, which are the responsibility of the Contractor are the property of the Government and shall remain so upon termination or completion of the contract.

The contractor shall keep these item(s) current and maintain and dispose of them in accordance with the requirements established in AFI 33-322, Records Management Program, paragraph 10, AFMAN 33-363, paragraph 6.4, AFMAN 33-364, paragraph 2.10 and the Air Force Records Disposition Schedule which may be accessed from the following web address:

https://www.my/af.mil/afrims/afrims/afrims/rims.cfm.4

Records shall be turned over to the government upon completion of the contract unless otherwise stated. All records are subject to the Freedom of Information and Privacy Act.

INSURANCE:

IAW Department of Defense Instruction (DoDI) 3020.37. Continuation of Essential Contractor Services During Crisis, and the Air Force implementation thereof, unless otherwise directed by an authorized government represenative, it is determined WWTP services under this PWS are essential and must be performed during a crisis. The Contractor shall continue providing service to the requesting organization 24 hours a day until the crisis is over. The contractor shall submit a contingency plan for operating under said conditions. This plan is due to the CO and COR within 30 days after contract award and shall include how the contractor will ensure continuation of services, contain the employee’s name, address, home phone number, cell phone number, social security number, security clearance, and duty title. Contractor employees, with approved background checks will be allowed unescorted access to the installation for performance of work in a FPCONs except “Delta”. The CO, PM, or COR shall notify the contractor of a “Delta” condition as soon as possible after security conditions have been implemented. .

Workman's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen's compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational diseases with a minimum liability limit of $100,000.00.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000.00 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobile used in connection with the performance of the contract. At least the minimum limits of $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required."

APPENDICES.

A. VTE Equipment Listing

B. Local/State Specific Requirements

Performance Work Statement for Vertical Transportation Equipment Maintenance, Repair and Inspection Services Appendix A VTE Equipment Listing

Item

Type of VTE

Location of

VTE

Manufacturer

Capacity

(LBS)

Year Installed

1 Hydraulic Elevator

Bldg 512: 2 landings

Dover 3500lb

2 Hydraulic Elevator

Bldg 900: 2 landings

Dover 2000 lb

3 Traction Elevator

Bldg 3600: 6 landings

Dover 2000 lb

4 Hydraulic Elevator

Bldg 2428: 3 landings

Dover 2000 lb

5 Hydraulic Elevator

B-261: 2 landings

Thyssenkrupp 3500 lb

6 Hydraulic Elevator

Bldg 8395: 2 landings ea.

Thyssenkrupp 2000 lb

7 Hydraulic

Elevator Bldg 8395: 2 landings ea.

Thyssenkrupp 2000 lb

8 Hydraulic Elevator

Bldg 2610: 2 landings

Schindler 2000 lb

Hydraulic Elevator

Bldg 1132: 2 landings

ThyssenKrupp

3500 lb

Performance Work Statement for Vertical Transportation Equipment Maintenance, Repair and Inspection Services

Appendix B Local/State Specific Requirements

Idaho Statutes and Administrative Rules 39-86 Title 39. Health and Safety Chapter 86 Idaho Elevator Safety Code Act available via the internet.

TITLE 39

HEALTH AND SAFETY

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8601. Short title. This chapter shall be known and may be cited as the "Elevator Safety Code Act."

History:

[39-8601, added 2004, ch. 359, sec. 1, p. 1067.]

TITLE 39

HEALTH AND SAFETY

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8602. Legislative findings and intent. (1) The purpose of this chapter is to provide for safety of life and limb and to ensure that the safe design, mechanical and electrical operation, erection, installation, alteration, maintenance, inspection and repair of elevators, escalators, moving walks, platform lifts, material lifts, and dumbwaiters, and all such operation, erection, installation, alteration, maintenance, inspection and repair subject to the provisions of this chapter shall be reasonably safe to persons and property and in conformity with the provisions of this chapter.

The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and the protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Personnel performing work covered by this chapter must, by documented training or experience or both, be familiar with the operation and safety functions of the components and equipment and be licensed in accordance with this chapter. Training and experience shall include, but are not limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with the requirements of this chapter.

This chapter establishes the minimum acceptable standards for personnel performing all inspections required in this chapter.

(2) This chapter is not intended to prevent the use of systems, methods or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability and safety to those required by this chapter, provided that there is technical documentation to demonstrate the equivalency of the system, method or device, as prescribed in this chapter and the rules adopted under this chapter.

[39-8602, added 2004, ch. 359, sec. 1, p. 1067.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8603. Definitions. As used in this chapter, the terms defined in this section shall have the following meanings unless the context clearly indicates another meaning:

(1) "Administrator" means the administrator of the division of building safety for the state of Idaho.

(2) "ANSI" means the American national standards institute.

(3) "ASME" means the American society of mechanical engineers.

(4) "Conveyance" includes elevators, escalators, moving walks, platform lifts, material lifts, and dumbwaiters.

(5) "Division" means the Idaho division of building safety.

(6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car of limited size that is used exclusively for carrying materials and that moves in guide rails and serves two (2) or more landings.

(7) "Elevator" means a hoisting or lowering machine equipped with a car or platform that moves in guides and services two (2) or more floors or landings of a building or structure.

(8) "Escalator" means a power-driven, inclined, continuous stairway used for raising and lowering passengers.

(9) "Installation" means a complete conveyance including any hoistway, hoistway enclosures and related construction, and all machinery and equipment for its operation.

(a) "Existing installation" means an installation that has been completed or upon which construction was commenced prior to July 1, 2004.

(b) "New installation" means any installation not classified as an existing installation by definition, or an existing conveyance moved to a new location subsequent to July 1, 2004.

(10) "Maintenance" means a process of routine examination, lubrication, cleaning, adjustment, and replacement of parts for the performance in accordance with applicable code requirements.

(11) "Major alteration" means any change to equipment or other maintenance, repair or replacement where work is defined by any applicable code requirement.

(12) "Material lift" means a hoisting and lowering mechanism normally classified as an elevator, equipped with a car that moves within a guide system installed at an angle of greater than seventy degrees (70°) from the horizontal, serving two (2) or more landings, for the purpose of transporting materials which are manually or automatically loaded or unloaded.

(13) "Modernization" means the replacing or upgrading of any major operating component(s) of a conveyance.

(14) "Moving walks" means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted.

(15) "Owner" includes the designated agent or representative of the owner.

(16) "Platform lift" means a hoisting and lowering mechanism that moves within a guide system and serves two (2) or more landings, and may include vertical or inclined platform lifts used by persons who are mobility impaired.

(17) "Private residence" means a separate dwelling or a separate apartment in a multiple dwelling occupied only by the members of a single family unit.

(18) "Qualified elevator inspector" or "QEI" means a person who is currently certified by the National Association of Elevator Safety Authorities International (NAESA International) accredited certifying organization as meeting the requirements of the NAESA International QEI- 1 standard, and who is employed by or under contract to the division of building safety.

(19) "Repair" means the process of rehabilitation, upgrading or replacement of parts that are basically the same as the originals for the purpose of ensuring performance in accordance with the applicable code requirements.

(20) "Replacement" means the substitution of a device or component in its entirety with a new unit that is basically the same as the original for the purpose of ensuring performance in accordance with the applicable code requirements.

[39-8603, added 2004, ch. 359, sec. 1, p. 1068.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8604. Enforcement. The administrator shall enforce the provisions of this chapter. Local governments shall not adopt codes or institute enforcement programs with regard to conveyances.

[39-8604, added 2004, ch. 359, sec. 1, p. 1069.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8605. Administrator's rulemaking authority. The administrator may adopt rules and codes governing the operation, installation, alteration, maintenance, inspection and repair of conveyances and shall adopt minimum standards governing existing installations. The administrator may adopt such rules and fees as are reasonably necessary to establish and administer the provisions of this chapter.

[39-8605, added 2004, ch. 359, sec. 1, p. 1069.]

TITLE 39

HEALTH AND SAFETY

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8606. Scope -- Exemptions. (a) The provisions of this chapter shall apply to all conveyances within the state of Idaho except the following or as provided in subsection (b) of this section:

(1) Conveyances located in private residences;

(2) Conveyances in federally owned facilities;

(3) Conveyances permanently removed from service or made effectively inoperative; and

(4) Conveyances erected temporarily for use only during construction work that are of such a design that they must be operated by a workman stationed at the hoisting machine.

(b) Conveyances erected before July 1, 2004, pursuant to section 39-8614(3), Idaho Code, are subject only to the requirements of the safety code for existing elevators and escalators (ASME A17.3). Such conveyances, however, shall also be exempted from any requirements of that ASME A17.3 requiring conveyances to be modified with upgrades or replacements that would fall within the definition of "modernization" as defined in section 39-8603, Idaho Code, or to be modified with additional safety features falling within the definition of "alteration" unless:

(1) The total cost of the modification is less than five thousand dollars ($5,000); or

(2) The conveyance is not situated in a privately owned business facility; or

(3) The facility in which the conveyance is located is being altered, as defined within the provisions and guidelines applicable to the Americans with disabilities act of 1990 and amendments thereto, provided that said alterations are significant in that they affect the accessibility of the majority of floor space on at least one (1) floor of the building.

[39-8606, added 2004, ch. 359, sec. 1, p. 1069; am. 2012, ch. 42, sec. 1, p. 130.] http://www.legislature.idaho.gov/idstat/Title39/T39CH86SECT39-8614.htm http://www.legislature.idaho.gov/idstat/Title39/T39CH86SECT39-8603.htm

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8607. Inspections. On and after July 1, 2004, all installations and periodic inspections required by this chapter shall be performed by a QEI as defined in this chapter.

[39-8607, added 2004, ch. 359, sec. 1, p. 1070.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8608. Installation permits required -- Application -- Posting -- Exceptions -- Other licenses, permits and inspections. (1) On and after July 1, 2004, it shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any installation or major alteration of any conveyance in the state of Idaho without first procuring an installation permit from the division of building safety authorizing the work to be done.

(2) The owner of a conveyance shall submit an application for the permit in a form that the division may prescribe. A copy of the plans or specifications for the installation, erection, major alteration, or relocation shall be attached to the permit application.

(3) The permit issued by the division shall be kept posted conspicuously at the site of installation.

(4) No installation permit is required for repairs and replacement normally necessary for maintenance and made with parts of equivalent materials, strength and design, or for installations and major alterations that have been commenced prior to July 1, 2004, or for new installations let for bid prior to November 1, 2002.

(5) The installation permit and inspections required in this chapter are not exclusive.

Installations and major alterations of conveyances as herein defined may be subject to licensing, permitting and inspection requirements set forth in other provisions of law.

[39-8608, added 2004, ch. 359, sec. 1, p. 1070.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8609. Responsibility for operation and maintenance of equipment and for periodic tests. (1) The person installing or altering a conveyance is responsible for its operation and maintenance until the division has issued an operating certificate for the conveyance. The owner is responsible for all tests of a new, relocated or altered conveyance until the division has issued an operating permit for the conveyance.

(2) The owner shall be responsible for the safe operation and proper maintenance of the conveyance after the division has issued the operating certificate and also during the period of effectiveness of any temporary operating permit. The owner shall be responsible for assuring that all required periodic tests are performed by a QEI as defined in this chapter.

[39-8609, added 2004, ch. 359, sec. 1, p. 1070.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8610. Temporary certificate to operate. A temporary certificate to operate may be issued by the administrator. No temporary certificate shall be issued when life-safety nonconformances are present. Before the expiration of the temporary certificate, the conveyance shall be reinspected and a five (5) year certificate to operate shall be issued or the conveyance shall be put out of service.

[39-8610, added 2004, ch. 359, sec. 1, p. 1070; am. 2011, ch. 24, sec. 1, p. 65.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8611. Certificate to operate. (1) Inspection and certificate. No conveyance shall be placed into operation until an inspection has been performed and a certificate to operate has been issued by the division.

(2) Inspection prior to issuance. A certificate to operate may be issued only if, after a thorough inspection, the QEI finds that the conveyance meets the required safety standards. If the conveyance is found to be unsafe, the division shall prohibit the use of the conveyance until it is made safe. Conveyances shall comply with the codes set forth in section 39-8614, Idaho Code.

(3) Term of certificate. A certificate to operate shall be in effect for five (5) years, provided that the conveyance continues to meet the requirements of the appropriate codes as evidenced by annual inspections.

(4) Revocation of certificate. The certificate to operate shall remain the property of the state of Idaho and may be revoked at any time if the conveyance fails to meet the requirements of the appropriate codes or if the annual certification fee is not paid.

[39-8611, added 2004, ch. 359, sec. 1, p. 1070; am. 2007, ch. 137, sec. 1, p. 397.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8612. Operation without certificate may be enjoined. Whenever any conveyance is being operated without a certificate required by this chapter, the administrator may apply to the district court of the county in which the conveyance is located for a temporary restraining order or a temporary or permanent injunction restraining the operation of the conveyance until the division issues a certificate to operate. Notwithstanding any other provision of law, the division shall not be required to post a bond.

[39-8612, added 2004, ch. 359, sec. 1, p. 1071.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8613. Order to discontinue operation -- Notice -- Conditions -- Contents of order -- Rescission of order -- Violation -- Penalty -- Random inspections. (1) The administrator may order the owner or person operating a conveyance to discontinue the operation of a conveyance, and may place a notice that states that the conveyance shall not be operated, in a conspicuous place in the conveyance if the conveyance:

(a) Has not been constructed, installed, maintained or repaired in accordance with the requirements of this chapter; or

(b) Has otherwise become unsafe.

(2) The administrator's order is effective immediately and shall not be stayed by a request for an administrative hearing.

(3) The administrator shall prescribe a form for the order to discontinue operation. The order shall specify why the conveyance violates this chapter or is otherwise unsafe.

(4) The administrator shall rescind the order to discontinue operation if the conveyance is fixed or modified to bring it into compliance with this chapter.

(5) An owner or a person that knowingly operates or allows the operation of a conveyance in contravention of an order to discontinue operation, or that removes a notice not to operate, is:

(a) Guilty of a misdemeanor; and

(b) Subject to a civil penalty.

(6) The division may conduct random on-site inspections and tests on existing installations and may witness periodic inspections and testing in order to ensure satisfactory performance.

(7) Administrative hearings of appeals from orders issued by the administrator shall be governed by the provisions of the Idaho administrative procedure act, chapter 67 [52], title 52 [67], Idaho Code.

[39-8613, added 2004, ch. 359, sec. 1, p. 1071.]

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IDAHO ELEVATOR SAFETY CODE ACT

39-8614. Adoption of codes. (1) The following codes, including those updates, addenda and amendments thereto hereafter adopted by the division as set forth in the duly promulgated administrative rules, are hereby adopted for all conveyances subject to this chapter as may be applicable below:

(a) ANSI/ASME, Safety Code for Elevators and Escalators.

(b) ANSI/ASME, Guide for Inspection of Elevators, Escalators, and Moving Walks.

(c) ANSI/ASME, Safety Code for Existing Elevators and Escalators.

(d) ANSI/ASME, Guide for Emergency Personnel.

(e) ANSI/ASME, Standards for Elevator and Escalator Electrical Equipment.

(f) ANSI/ASME, Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition of Operations.

(g) ICC/ANSI, American National Standard, Accessible and Usable Buildings and Facilities.

(h) ANSI/ASME, Safety Standards for Platform Lifts and Stairway Chairlifts.

(i) ASME, Standards for the Qualification of Elevator Inspectors.

(2) Conveyances placed into operation after July 1, 2004, shall comply with those codes in effect on the date the division received the application for the permit or certificate for the conveyance.

http://www.legislature.idaho.gov/idstat/Title52/T52.htm

(3) Conveyances placed into operation prior to July 1, 2004, shall be required to comply only with the Safety Code for Existing Elevators and Escalators.

[39-8614, added 2004, ch. 359, sec. 1, p. 1071; am. 2007, ch. 137, sec. 2, p. 397.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8615. Inspections and tests. Conveyances shall have an inspection performed in accordance with ANSI/ASME standards set forth in section 39-8614, Idaho Code. The following types of inspections are required:

(1) Acceptance. The initial inspection and tests of new or altered equipment by a QEI to check for compliance with the applicable code requirements.

(2) Periodic. Periodic inspection and tests plus additional detailed examination and operation of equipment at specified intervals performed by a QEI to check for compliance with the applicable code requirements. Periodic inspections are required at least every five (5) years.

(3) Routine. Annual examinations performed in compliance with applicable codes to verify compliance with requirements.

[39-8615, added 2004, ch. 359, sec. 1, p. 1072.]

CHAPTER 86

IDAHO ELEVATOR SAFETY CODE ACT

39-8616. Fees. The division shall have authority to charge certain fees in accordance with the fee schedule established by the division, which schedule shall not exceed the amounts set forth as follows and which amounts may be reduced by the division as set forth in duly promulgated administrative rules:

(1) Installation, alteration, modernization or relocation fee schedule. Fees include one (1) plan review and certificate to operate, and two (2) acceptance inspections (each inspection thereafter will incur a reinspection fee):

(a) Certification fee:

(i) Traction and roped hydraulic elevator $1,500

(ii) Moving walk/escalator $1,500

(iii) Hydraulic elevator $1,000

(iv) Platform lift/material lift/dumbwaiter $750

(b) Reinspection fee:

(i) Traction and roped hydraulic elevator $500

(ii) Moving walk/escalator $500

(iii) Hydraulic elevator $500

(iv) Platform lift/material lift/dumbwaiter $250

(2) Annual certificate to operate fee schedule. Fees include annual certificate to operate and periodic inspection (every five (5) years), and one (1) reinspection as may be necessary (each inspection thereafter will incur a reinspection fee):

(a) Certification fee:

(i) Traction and roped hydraulic elevator $225

(ii) Moving walk/escalator $225

(iii) Hydraulic elevator $125

(iv) Platform lift/material lift/dumbwaiter $100

(b) Reinspection fee:

(i) Traction and roped hydraulic elevator $225

(ii) Moving walk/escalator $225

(iii) Hydraulic elevator $125

(iv) Platform lift/material lift/dumbwaiter $100

(3) Temporary certificate to operate fee schedule (same as annual) and one (1) reinspection fee as may be necessary (each inspection thereafter will incur a reinspection fee):

(a) Temporary certification fee:

(i) Traction and roped hydraulic elevator $225

(ii) Moving walk/escalator $225

(iii) Hydraulic elevator $125

(iv) Platform lift/material lift/dumbwaiter $100

(b) Reinspection fee:

(i) Traction and roped hydraulic elevator $225

(ii) Moving…