2013 Kentucky Revised Statutes CHAPTER 198B - HOUSING, BUILDINGS, AND CONSTRUCTION - BUILDING CODE 198B.480 Report of inspection -- Hearing on construction plans and specifications -- Findings and orders of department.
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198B.480 Report of inspection -- Hearing on construction plans and
specifications -- Findings and orders of department.
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Every inspector shall forward to the department a full report of each inspection
made of any passenger elevator or fixed guideway system, showing the exact
condition of the elevator or fixed guideway system, and the inspector shall
leave a copy of the report at the elevator or fixed guideway system on the day
the inspection is completed.
If any passenger elevator or fixed guideway system requires certain changes
or repairs to make it reasonably safe to operate, recommendations shall be
made by the inspector upon his or her report and a copy of the report as
approved by the department shall be given to the owner or operator of the
elevator or fixed guideway system, and, unless appealed, upon compliance
with the report and upon the payment of the fees required by law, the
department shall issue a certificate of operation for a capacity not to exceed
that named in the report of inspection. This certificate shall be valid for one (1)
year after the date of inspection.
If construction plans or an application of specifications is not approved, the
department shall state in writing the necessary changes to obtain approval and
the owner or operator shall be given a copy of the necessary changes, and,
unless appealed, upon compliance by the owner or operator, the department
shall approve the plans or specifications and issue a permit for construction.
Any owner or operator, within twenty (20) days from receipt of the copy of the
report or statement of changes in plans or specifications, may make written
application to the department upon forms to be furnished by the department for
a hearing on the report or the statement regarding changes in plans or
specifications as to whether the elevator or fixed guideway system in question
is reasonably safe, or whether the elevator or fixed guideway system, if
constructed in accordance with the plans and specifications, would be
reasonably safe. The department shall promptly consider the application and
schedule a hearing to be conducted consistent with the provisions of this
section and KRS Chapter 13B.
If it appears from the evidence presented at the hearing that the elevator or
fixed guideway system will be reasonably safe to operate without those
changes or repairs shown in the report or by making only a part or all of the
changes, or if none or only a part of all the changes in the plans or
specifications are found necessary to make the elevator reasonably safe, the
department shall issue its final order accordingly. If the final order requires
changes or repairs to be made in the elevator or fixed guideway system or
changes in the plans or specifications of either, the department shall, upon the
payment of the required fees, issue a certificate of operation when the order
has been executed or issue its approval of the plans or specifications. If the
final order of the department has been affirmed or modified by appeal on the
grounds of reasonable safety considered by the department, then the
department shall, upon compliance with the final order and the payment of
required fees, issue the certificate of operation or issue its approval of the
plans and specifications; but, if the order of the department has been vacated,
the certificate of operation, upon the payment of fees or approval of plans and
specifications, shall be issued immediately. No elevator or fixed guideway
system shall be operated after being inspected without bearing a
conspicuously posted certificate of operation, except pending a hearing on the
issuance of the certificate.
Effective:July 1, 2011
History: Amended 2010 Ky. Acts ch. 24, sec. 267, effective July 15, 2010; and
ch. 116, sec. 25, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157,
sec. 7, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 318, sec. 85,
effective July 15, 1996. -- Amended 1976 Ky. Acts ch. 232, sec. 5; and ch. 299,
sec. 81. -- Created 1974 Ky. Acts ch. 239, sec. 11.
Formerly codified as KRS 336.610.
Legislative Research Commission Note (7/1/2011). This section was amended
by 2010 Ky. Acts chs. 24 and 116, which do not appear to be in conflict and
have been codified together.
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