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24.301.623    INSPECTIONS BY LICENSED PRIVATE INSPECTORS

(1) The department shall accept inspections by licensed private elevator inspectors of permanently installed hoisting and lowering mechanisms equipped with a car or platform, which move between two or more landings, including but not limited to:

(a) elevators, platform lifts and stairway chair lifts;

(b) power driven stairways and walkways for carrying persons between landings, including but not limited to:

(i) escalators; and

(ii) moving walks;

(c) hoisting and lowering mechanisms equipped with a car, which serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car, including but not limited to:

(i) dumbwaiters;

(ii) material lifts and dumbwaiters with automatic transfer devices; and

(d) automatic guarded transit vehicles on guideways with an exclusive right-of-way including, but not limited to, automated people movers.

(2) Each installation must be inspected at least once every 12 months, except that freight elevator inspections must be conducted at least every two years.

(a) A detailed report of each unit inspected must be filed with the department within 14 working days after the inspection is completed on a form approved by the department. Such report must list all failures of the installation specific in reference to the code requirements of Chapter 30 of the International Building Code, and the state elevator code.

(b) A certificate of inspection must be issued by the department upon receipt of the report of the licensed elevator inspector that the unit is in an acceptable state of repair for receiving certification, and after the inspection fee has been paid to the department.

(c) Licensed private elevator inspectors shall attempt to secure compliance with the department's rules. If unsuccessful, inspectors shall so report to the department. If it then becomes necessary for the department to make an inspection, the fee for inspecting each permanently installed hoisting and lowering mechanism will be charged to the owner as per other inspections made by the department, as provided in ARM 24.301.607 and 24.301.608.

(d) The department may inspect any installation, which has been or will also be inspected by a licensed private elevator inspector. Whenever the department inspection confirms that a licensed private elevator inspector's inspection report is substantially or materially incomplete, invalid, or otherwise unacceptable, the department may assess that licensed private elevator inspector the fee for inspection by the department, as provided in ARM 24.301.607 and 24.301.608.

(e) The owners of units inspected by licensed private elevator inspectors shall be charged $10 by the department. This charge covers receiving and processing the condition report for each individual piece of equipment in a building and for issuing a certificate of inspection for that equipment if the licensed private elevator inspector doing the inspection certifies to the department that there are not any deficient conditions or that all deficient conditions noted in the condition report have been corrected and that a follow-up inspection by the department is not necessary.

(3) Whenever the department has reason to believe the conduct of a licensed private elevator inspector has been unprofessional, as provided in 37-1-410 , MCA, the department will report that information to the Professional and Occupational Licensing Bureau for further investigation.

History: 50-60-705, 50-60-711, MCA; IMP, 50-60-201, 50-60-211, 50-60-711, 50-60-715, MCA; NEW, 2006 MAR p. 567, Eff. 2/24/06.

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