TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 157-B
ELEVATORS AND ACCESSIBILITY LIFTS

Section 157-B:1

    157-B:1 Title. – This chapter may be called the "Elevator and Accessibility Lift Law."

Source. 1967, 310:1. 1997, 333:1, eff. Jan. 1, 1998.

Section 157-B:2

    157-B:2 Definitions. –
In this chapter:
I. "Owner" means a person, partnership, association, or corporation who is the holder of title to, or who leases an elevator or accessibility lift from the holder of title to, a building in which there is an elevator or accessibility lift, as defined in this section, except an elevator or accessibility lift for the exclusive use of the holder of title in the holder's home.
II. "Commissioner" means the labor commissioner.
III. "Standards" means regulations issued by the commissioner which establish the minimum safety requirements for elevators and accessibility lifts in use on or installed after January 1, 1968.
IV. "Elevator" means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction; or a stairway inclined lift which moves in guides in an inclined direction; and includes the doors, well, enclosures, means, and appurtenances required for its operation. The term "elevator" shall include an accessibility lift but does not include a vertical reciprocating conveyor, a material lift, or an accessibility lift in a private residence.
V. "Accessibility lift" means an inclined chair/platform lift or vertical wheelchair lift used to raise and lower a person in a wheelchair or person of limited mobility in or on a car or platform from one level to another and shall meet the requirements of the most recent version of ASME/ANSI-A 17.1 for handicap lifts.

Source. 1967, 310:1. 1977, 412:1. 1995, 100:1. 1997, 333:1, eff. Jan. 1, 1998.

Section 157-B:3

    157-B:3 New Elevators; New Accessibility Lifts. – The provisions of the most recent version of the American Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, Material Lifts and Dumbwaiters With Automatic Transfer Devices, Wheelchair Lifts and Stairchair Lifts are the minimum requirements for all elevators, dumbwaiters, escalators, and accessibility lifts installed after January 1, 1998.

Source. 1967, 310:1. 1995, 100:2. 1997, 333:1, eff. Jan. 1, 1998.

Section 157-B:4

    157-B:4 Existing Elevators and Accessibility Lifts. –
I. The commissioner may issue and amend reasonable and practicable standards for the use, alteration, repair, operation, and inspection of all elevators and accessibility lifts in existence on January 1, 1968.
II. Inspections of elevators and accessibility lifts installed after January 1, 1985, shall be in accordance with the American Standard Safety Code applicable to the year installed.

Source. 1967, 310:1. 1995, 100:3. 1997, 333:1, eff. Jan. 1, 1998.

Section 157-B:5

    157-B:5 Inspection Report and Certificates; Fee; Penalty. –
I. Subsequent to the inspection of an elevator or accessibility lift, an inspector shall file with the commissioner an inspection report on a form prescribed by the commissioner indicating whether or not the elevator or accessibility lift is certifiable and shall provide a copy of the inspection report to the owner or the owner's designee. When an elevator or accessibility lift passes inspection, the commissioner shall furnish an inspection certificate to its owner or the owner's designee on a form prescribed by the commissioner. A fee of $50 shall be charged for each certificate. If the fee is not paid within 30 days of the date on which the certificate is issued, the certificate shall be void.
II. If the elevator or accessibility lift fails the inspection, the inspector shall furnish the owner or the owner's designee an appropriate abstract of the statutory requirements and recommendations for repairs necessary to correct the deficiency.
III. Upon compliance with the recommendations of an inspector, whether by repair or replacement, the owner of an elevator or accessibility lift which has failed to pass inspection, or the owner's designee, shall notify the commissioner and inspector that the required repairs have been completed.
IV. The elevator or accessibility lift shall, at the discretion of the inspector or the commissioner, then be reinspected in accordance with this section; and, upon finding compliance with the recommendations, an inspection certificate shall be furnished to the owner or the owner's designee.
V. Certificates shall be posted in the elevator car or accessibility lift platform under glass or other suitable transparent cover. Certificates shall be effective for one year from the date of inspection.
VI. An owner who permits the operation of any elevator or accessibility lift without an effective inspection certificate in the elevator or accessibility lift shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1967, 310:1. 1975, 413:1. 1983, 421:9. 1991, 355:54. 1996, 231:7. 1997, 333:1. 2005, 177:99, eff. July 1, 2005.

Section 157-B:5-a

    157-B:5-a Inspection by Department. – The commissioner shall charge $100 per hour, with a minimum charge of $100, for inspections performed by employees of the department of labor.

Source. 1995, 100:4, eff. July 15, 1995.

Section 157-B:6

    157-B:6 Suspension of Certificate. –
I. The commissioner may suspend an inspection certificate when an elevator or accessibility lift does not meet the requirements of the standards established under this chapter. When an inspection certificate is suspended, the owner shall not permit the use of the elevator or accessibility lift until a new certificate of inspection is issued for the elevator or accessibility lift. The commissioner shall have a notice of the suspension of the inspection certificate posted at every entrance to the unsafe elevator or accessibility lift, and shall have the inspection certificate removed from the elevator car or accessibility lift platform. The notice of suspension may be removed only by the authority of the commissioner. The commissioner shall notify the owner in writing of the suspension of the inspection certificate. The notice may be served on the owner by registered mail or otherwise.
II. The commissioner may adopt by rule the conditions to empower an elevator inspector or authorized representative of the commissioner to make an emergency suspension of the inspection certificate for a period of not more than 24 hours, to enable the commissioner to take action on the suspension under paragraph I of this section, or to enable the owner to make repairs on the elevator or accessibility lift.
III. Any person who removes or defaces a notice of suspension of the inspection certificate without the authority of the commissioner shall be guilty of a misdemeanor.

Source. 1967, 310:1. 1973, 528:75. 1995, 100:5. 1997, 333:2, eff. Jan. 1, 1998.

Section 157-B:7

    157-B:7 Repealed by 1975, 413:3, eff. Aug. 15, 1975. –

Section 157-B:8

    157-B:8 Inspectors. – An elevator inspector shall pass an examination given by the commissioner, except in cases in which an elevator inspector has proven to the satisfaction of the commissioner experience in excess of 5 years within the state. A license shall be issued to the inspector for a 2-year period. A fee of $50 shall be charged for the initial examination and license. A license may be renewed every 2 years upon payment of a fee of $35. Employees of the department of labor shall not be charged for the issuance or renewal of a license. A person who holds a certificate or license of competency as an inspector of elevators from a state that has a standard of examination equal to that of this state may be issued a license without examination upon payment of a fee of $35. The commissioner may revoke any license for cause shown, after a hearing. The holder of a license under question shall receive 7 days' written notice informing the licensee of the charges and of the time and place of the hearing.

Source. 1967, 310:1. 1983, 421:10. 1989, 408:24. 1995, 100:6, eff. July 15, 1995.

Section 157-B:8-a

    157-B:8-a Mechanics. – An elevator or accessibility lift mechanic shall pass an examination given by the commissioner provided the person either (a) has at least 2 years of documented experience, with an average of 1,800 hours in each year over the 2-year period, working in this state directly under a licensed New Hampshire elevator or accessibility lift mechanic; or (b) holds a certificate or license of competency as an elevator or accessibility lift mechanic issued by another state and has proven to the satisfaction of the commissioner that the person has experience as an elevator or accessibility lift mechanic for at least 3 consecutive years, with an average of 1,800 hours in each year over the 3-year period. A license shall be issued to the mechanic for a 2-year period. A fee of $50 shall be charged for the initial examination and license. A license may be renewed every 2 years upon payment of a fee of $35. Employees of the department of labor shall not be charged for the issuance or renewal of a license. A person who holds a certificate or license of competency as a mechanic issued by another state may be issued a license without examination upon payment of a fee of $35, provided that licensees of New Hampshire are not subject to greater requirements for certification or licensure in the other state than those required by New Hampshire. The commissioner may revoke any license for cause shown, after a hearing. The holder of a license under question shall receive 7 days' written notice informing the licensee of the charges and of the time and place of the hearing.

Source. 1995, 100:7. 1997, 333:3. 2013, 252:1, eff. Sept. 22, 2013.

Section 157-B:8-b

    157-B:8-b Inspection and Repairs. – An elevator inspector holding a mechanic's license under this chapter shall not make any repairs as a result of an annual inspection which such inspector performed.

Source. 1995, 100:7, eff. July 15, 1995.

Section 157-B:9

    157-B:9 Installation of New Elevators and New Accessibility Lifts; Fees. – Detailed plans or specifications of each new or altered elevator or accessibility lift shall be submitted to and approved by the commissioner or the commissioner's authorized representative before the construction of the elevator or accessibility lift may be started. Fee for examination of the plans or specifications is $4 per $1,000 of the valuation of the elevator or accessibility lift as covered by the blueprints. The minimum fee is $200.

Source. 1967, 310:1. 1983, 421:11. 1989, 408:25. 1995, 100:8. 1997, 333:4. 2005, 177:100, eff. July 1, 2005.

Section 157-B:10

    157-B:10 Review by Commissioner. – Any owner affected by a ruling of the commissioner may petition the commissioner for a review of the validity or reasonableness of the ruling. The petition for review shall be filed within 30 days after the receipt of a registered letter or after refusal of the owner to accept the registered letter containing a copy of the ruling addressed to the owner at the address given on the certificate of inspection or on any application addressed to the commissioner. Upon receipt of a petition the commissioner shall, if necessary, order a hearing. Notice of the time and place of the hearing shall be given to the petitioner and to other persons who the commissioner finds are interested in the issue raised.

Source. 1967, 310:1, eff. Jan. 1, 1968.

Section 157-B:11

    157-B:11 Appeals. – An owner aggrieved by any order or regulation of the commissioner may file a petition in the superior court against the commissioner to determine the validity and reasonableness of the commissioner's action. The petition shall be filed within 30 days after the adoption of the order, or regulation, or, if a petition for review is filed, within 30 days after the decision upon the petition.

Source. 1967, 310:1, eff. Jan. 1, 1968.

Section 157-B:12

    157-B:12 Notice; Procedure. – Notice of the pendency of the appeal proceedings shall be given to the commissioner in any form the superior court orders. The petition, so far as practicable, shall have precedence over other actions in the same court. The order appealed from is prima facie valid and reasonable. The proceedings upon the petition shall be in accordance with proceedings in equity, as far as possible. The court shall make such order or decree as justice requires.

Source. 1967, 310:1, eff. Jan. 1, 1968.

Section 157-B:13

    157-B:13 Effect of Appeal. – During the pendency of any petition for review in the superior court, the filing of the petition shall not stay the order or regulation under review, but the court may, on application, on notice to the commissioner, and on cause shown, grant an order to restrain the commissioner from taking any further action on the order or regulation under review.

Source. 1967, 310:1, eff. Jan. 1, 1968.

Section 157-B:13-a

    157-B:13-a Civil Penalties. –
I. In addition to any criminal penalty provided under this chapter, the commissioner may, after a written warning and a hearing, impose a civil penalty not to exceed $500, as determined by the commissioner, for any violation of any of the provisions of this chapter or of any rule adopted pursuant to this chapter. Any person on whom a penalty is imposed under this section may appeal as provided in RSA 273:11-c and 273:11-d to the penalty appeal board established in RSA 273:11-b. All moneys collected under this section shall be deposited in the department of labor restricted fund established in RSA 273:1-b.
II. The commissioner shall conduct hearings in the manner required under rules adopted pursuant to RSA 541-A and 273:11-a, V.

Source. 1995, 100:9. 2011, 182:3, eff. Aug. 13, 2011; 224:53, eff. July 1, 2011.

Section 157-B:14

    157-B:14 Repealed by 1995, 100:10, I, eff. July 15, 1995. –

Section 157-B:15

    157-B:15 Notice of Accidents; Penalty. – The owner shall report every elevator and accessibility lift accident, whether or not it results in injury to a person or damage to the equipment, to the commissioner within 48 hours after its occurrence. The inspection certificate for the involved elevator or accessibility lift may be suspended if a qualified inspector inspects the elevator or accessibility lift and finds it to be unacceptable. An owner who willfully refuses or neglects to make such a report shall be fined not more than $25.

Source. 1967, 310:1. 1997, 333:5, eff. Jan. 1, 1998.

Section 157-B:16

    157-B:16 Rules of Proceedings. – The commissioner may establish rules of proceedings for the conduct of hearings authorized under this chapter.

Source. 1967, 310:1, eff. Jan. 1, 1968.

Section 157-B:17

    157-B:17 Exception. – Notwithstanding other provisions of this chapter any elevator or accessibility lift which is periodically inspected and tested for safety under a maintenance contract with the company which installed the elevator or accessibility lift shall be exempt from the annual inspection requirements of RSA 157-B:5, so long as the maintenance contract is effective, and the inspection certificate as provided in RSA 157-B:5 shall be posted in the elevator car or accessibility lift platform. Provided, however, that the other provisions of this chapter shall apply to the elevators and accessibility lifts covered by this exception.

Source. 1967, 310:1. 1997, 333:6, eff. Jan. 1, 1998.

Section 157-B:17-a

    157-B:17-a Exemption. – The commissioner may exempt elevating devices which do not conform with the definitions in RSA 157-B:2 from the provisions of this chapter. The commissioner may adopt rules relative to adequate safety criteria for exempted elevating devices.

Source. 2000, 211:1, eff. July 29, 2000.

Section 157-B:17-b

    157-B:17-b Elevator or Accessibility Lift in Residential Property. – The exemption in RSA 157-B:2, IV for accessibility lifts in private residences shall apply to any residential property, including multi-family rental property, provided that the lift serves only one residential unit and meets any applicable safety criteria established by rule pursuant to RSA 157-B:17-a.

Source. 2010, 210:1, eff. Jan. 1, 2011.

Section 157-B:18

    157-B:18 Rules. – The commissioner may adopt rules under RSA 541-A to facilitate administration and enforcement of this chapter.

Source. 1975, 413:4. 1983, 421:13, eff. July 1, 1983.

Section 157-B:19

    157-B:19 Repealed by 1995, 100:10, II, eff. July 15, 1995. –