Acts and Regulations

2009-41 - Elevators and Lifts Act

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NEW BRUNSWICK
REGULATION 2009-41
under the
Elevators and Lifts Act
(O.C. 2009-120)
Filed March 30, 2009
1The heading “NEW INSTALLATIONS AND ALTERATIONS” preceding section 148 of New Brunswick Regulation 84-181 under the Elevators and Lifts Act is repealed and the following is substituted:
NEW INSTALLATIONS, ALTERATIONS, MAINTENANCE AND REPAIRS
2Section 155.4 of the Regulation is repealed and the following is substituted:
155.4(1)Subject to subsection (2) and (3), no person shall undertake to install, alter, maintain or repair elevating devices unless the person is the holder of a valid elevator contractor licence class A.
155.4(2)No person shall undertake to install, alter, maintain or repair dumbwaiters, lifts for persons with physical disabilities, freight platform lifts or Type A or B material lifts unless the person is the holder of a valid elevator contractor licence class A or B.
155.4(3)No person shall undertake to install, alter, maintain or repair construction hoists unless the person is the holder of a valid elevator contractor licence class A or C.
155.4(4)Subject to subsections (2) and (3), no person shall install, alter, maintain or repair elevating devices unless the person is the holder of a valid elevator mechanic licence class A.
155.4(5)No person shall install, alter, maintain or repair dumbwaiters, lifts for persons with physical disabilities, freight platform lifts or Type A or B material lifts unless the person is the holder of a valid elevator mechanic licence class A or B.
155.4(6)No person shall install, alter, maintain or repair construction hoists unless the person is the holder of a valid elevator mechanic licence class A or C.
3The Regulation is amended by adding after section 155.4 the following:
155.41(1)The Chief Inspector may, on payment of the prescribed fee, issue an elevator contractor licence class A to a person or to the employer of a person who is the holder of a valid elevator mechanic licence class A.
155.41(2)The Chief Inspector may, on payment of the prescribed fee, issue an elevator contractor licence class B to a person or to the employer of a person who is the holder of a valid elevator mechanic licence class B.
155.41(3)The Chief Inspector may, on payment of the prescribed fee, issue an elevator contractor licence class C to a person or to the employer of a person who is the holder of a valid elevator mechanic licence class C.
155.41(4)The Chief Inspector may, on payment of the prescribed fee, issue an elevator mechanic licence class A to a person
(a) who is the holder of a valid elevator mechanic’s card issued by an institution recognized by the Chief Inspector, or
(b) who has at least 8,000 hours experience in the installation, alteration, maintenance or repair of elevating devices, excluding construction hoists, lifts for persons with physical disabilities, limited use/limited application elevators, Type A or B material lifts, freight platform lifts and dumbwaiters, and successfully completes a competency test provided by the Chief Inspector.
155.41(5)The Chief Inspector may, on payment of the prescribed fee, issue an elevator mechanic licence class B to a person
(a) who is the holder of a valid elevator mechanic’s card issued by an institution recognized by the Chief Inspector, or
(b) who has at least 4,000 hours experience in the installation, alteration, maintenance or repair of dumbwaiters, lifts for persons with physical disabilities or Type A or B material lifts and successfully completes a competency test provided by the Chief Inspector.
155.41(6)The Chief Inspector may, on payment of the prescribed fee, issue an elevator mechanic licence class C to a person
(a) who is the holder of a valid elevator mechanic’s card issued by an institution recognized by the Chief Inspector, or
(b) who has at least 4,000 hours experience in the installation, alteration, maintenance or repair of construction hoists and successfully completes a competency test provided by the Chief Inspector.
4Section 155.5 of the Regulation is amended by adding after subsection (3) the following:
155.5(4)An elevator mechanic licence class A, B or C is valid for one year from the date of its issuance or renewal.
155.5(5)The Chief Inspector may, on payment of the prescribed fee, renew an elevator mechanic licence class A, B or C.
155.5(6)A person applying for an elevator mechanic licence class A, B or C, or for the renewal of that licence, shall complete an application form provided for that purpose by the Chief Inspector and shall forward the application form together with the prescribed fee to the Chief Inspector.
5Section 155.6 of the Regulation is amended by adding after subsection (2) the following:
155.6(3)The fee for the issuance and renewal of an elevator mechanic licence class A, B or C is $40.
6The Regulation is amended by adding after section 155.6 the following:
155.7(1)The Chief Inspector may suspend or revoke an elevator contractor licence, elevator mechanic licence or industrial site elevator mechanic licence if, in the opinion of the Chief Inspector, the holder of the licence
(a) has obtained his or her licence through misrepresentation or fraud,
(b) is incompetent or grossly negligent in the discharge of his or her duties,
(c) has performed or engaged in an activity that is not authorized by his or her licence, or
(d) has violated or failed to comply with any provision of this Regulation.
155.7(2)In addition to the reasons set out in subsection (1), the Chief Inspector may suspend or revoke an elevator contractor licence if
(a) the holder of the elevator contractor licence is also the holder of a valid elevator mechanic licence of the same class as the elevator contractor licence and the Chief Inspector suspends or revokes the elevator mechanic licence, or
(b) the holder of the elevator contractor licence no longer employs a person who is the holder of a valid elevator mechanic licence of the same class as the elevator contractor licence.
155.8(1)The Chief Inspector may, on payment of the prescribed fee, issue an industrial site elevator mechanic licence to a person
(a) who, immediately before the commencement of this section, maintained elevating devices that
(i) are located at an industrial site, and
(ii) are not available to the public,
(b) who has experience in and understands
(i) the operational and safety functions of all the components of the elevating devices maintained by the industrial site elevator mechanic, and
(ii) the safety hazards that the industrial site elevator mechanic and any person who uses the elevating devices maintained by the industrial site elevator mechanic may be exposed to as a result of any maintenance procedure, and
(c) who is able to reasonably assess the compatibility of replacement components for the elevating devices maintained by the industrial site elevator mechanic.
155.8(2)An industrial site elevator mechanic licence is valid for one year from the date of its issuance or renewal.
155.8(3)The Chief Inspector may, on payment of the prescribed fee, renew an industrial site elevator mechanic licence.
155.8(4)A person applying for an industrial site elevator mechanic licence, or for the renewal of that licence, shall complete an application form provided for that purpose by the Chief Inspector and shall forward the application form together with the prescribed fee to the Chief Inspector.
155.8(5)The fee for the issuance and renewal of an industrial site elevator mechanic licence is $40.
7This Regulation comes into force on May 1, 2009.