B.C. Reg. 239/2014, deposited December 16, 2014, under the SAFETY STANDARDS ACT [section 88 (2) (b), (i) to (l), (r) to (t) and (u) (i)]. Ministerial Order M441/2014, dated December 12, 2014.

I, Rich Coleman, Minister of Natural Gas Development and Minister Responsible for Housing and Deputy Premier, order that the Elevating Devices Safety Regulation, B.C. Reg. 101/2004, is amended as set out in the attached Schedule.

— R. COLEMAN, Minister of Natural Gas Development and Minister Responsible for Housing and Deputy Premier.

Schedule

1 Section 2 of the Elevating Devices Safety Regulation, B.C. Reg. 101/2004, is amended

(a) in the definition of “mandatory maintenance” by striking out “licensed contractor” and substituting “licensed elevating device contractor” and by striking out “adopted codes” and substituting “codes adopted by the Schedule to this regulation”,

(b) by repealing the definition of “periodic inspection”, and

(c) by adding the following definitions:

“certified elevating device mechanic” means an individual who holds a certificate of qualification, of a class established under section 4.2, as a certified elevating device mechanic;

“educational body” means

(a) a university as defined in the University Act, the Royal Roads University Act or the Thompson Rivers University Act,

(b) an institution as defined in the College and Institute Act,

(c) an educational body of another jurisdiction, recognized by a provincial safety manager as equivalent in nature to one described in paragraph (a) or (b), and

(d) a registered institution as defined in the Private Career Training Institutions Act;

“Electrical Safety Regulation” means the Electrical Safety Regulation, B.C. Reg. 100/2004;

“licensed electrical contractor” has the same meaning as in the Electrical Safety Regulation;

“licensed elevating device contractor” means an individual who is a licensed contractor and holds a licence of a class established under section 6 as an elevating device contractor;

“mechanic-in-training” means an individual who

(a) holds a Class IT certificate of qualification as established under section 4.6,

(b) is employed by a licensed elevating device contractor, and

(c) is receiving training for the purpose of obtaining a certificate of qualification as a certified elevating device mechanic;

“Safety Standards General Regulation” means the Safety Standards General Regulation, B.C. Reg. 105/2004;

“skills passport” means a document issued by a provincial safety manager to a certified elevating device mechanic or a mechanic-in-training that

(a) describes specific skills that have been acquired by the holder of the document with respect to installing, altering, repairing or maintaining elevating devices, and

(b) is intended to be used for the purpose of verifying that those skills have been acquired by the holder; .

2 Section 2.1 is repealed and the following substituted:

Relation to Safety Standards General Regulation

2.1  (1) Except as set out in this regulation, this regulation is subject to the Safety Standards General Regulation.

(2) Part 5 of the Safety Standards General Regulation does not apply for the purposes of this regulation.

3 The heading to Division 1 of Part 1 is repealed and the following substituted:

Division 1 – Individuals Who May Do Regulated Work .

4 The following section is added to Division 1 of Part 1:

Regulated work done under supervision

2.2  Except for the purposes of section 3.3 (4), section 5 of the Safety Standards General Regulation does not apply for the purposes of this Division.

5 Section 3 is repealed and the following substituted:

Who may do regulated work in respect of amusement rides

3  An individual must not do regulated work in respect of amusement rides unless the individual

(a) is a licensed contractor, or

(b) is employed by a licensed contractor for the purpose of doing regulated work in respect of amusement rides.

Who may do regulated work in respect of passenger ropeways

3.1  (1) An individual must not do regulated work in respect of passenger ropeways unless the individual

(a) is a licensed contractor,

(b) is employed by a licensed contractor for the purpose of doing regulated work in respect of passenger ropeways,

(c) holds a certificate of qualification relevant to the regulated work to be done, or

(d) is permitted to do so under this section.

(2) An individual must not do regulated work as an attendant or operator of a passenger ropeway unless the individual

(a) holds a certificate of qualification relevant to the attendance or operation of the type of passenger ropeway to be attended or operated, or

(b) has been trained to attend or operate the passenger ropeway by an individual referred to in paragraph (a).

Who may do regulated work in respect of other elevating devices

3.2  (1) This section does not apply to regulated work done in respect of amusement rides or passenger ropeways.

(2) An individual must not do regulated work in respect of elevating devices unless one of the following applies:

(a) the individual

(i) is a certified elevating device mechanic and the regulated work is within the scope of the individual’s certificate of qualification, and

(ii) is, or is employed by, a licensed elevating device contractor;

(b) the individual is a certified elevating device mechanic acting outside the scope of the individual’s certificate of qualification, or is a mechanic-in-training, and the regulated work is

(i) done under the supervision of a certified elevating device mechanic, and

(ii) within the scope of the supervisor’s certificate of qualification;

(c) the regulated work is described in section 3.3 and is done in accordance with that section.

(3) An individual must not do regulated work as an attendant of an elevating device unless the individual has been trained to attend the device in a training program acceptable to a provincial safety manager.

Regulated work that may be supervised by licensed elevating device contractor

3.3  (1) This section does not apply to regulated work done in respect of amusement rides or passenger ropeways.

(2) An individual may install or alter non-structural elevator cab enclosure linings, flooring, floor coverings or door claddings if the individual

(a) holds a permit, issued for the purposes of this section, that is relevant to the regulated work to be done, and

(b) is supervised by a licensed elevating device contractor who holds a Class A, RA, H or IC licence.

(3) An individual may install or alter elevator emergency communications systems, security systems designed to restrict access to an elevating device or display screen systems or security cameras inside an elevator cab if the individual

(a) is employed, for the purpose of doing the regulated work, by a licensed electrical contractor,

(b) does the regulated work under a permit, issued for the purposes of this section, that is relevant to the regulated work to be done, and

(c) is supervised by a licensed elevating device contractor.

(4) An individual may install or service lights and receptacles, fire alarm initiating devices or electrical ventilation equipment that are located in a hoistway if all of the following conditions are met:

(a) the regulated work is done by a licensed electrical contractor, or by an individual employed, for the purpose of doing the regulated work, by a licensed electrical contractor;

(b) the regulated work is done under a permit issued under the Electrical Safety Regulation;

(c) a licensed elevating device contractor directly supervises both the access to the hoistway and all regulated work that involves connecting to any component of the elevator that is subject to a code adopted under this regulation.

(5) An individual may install or service sprinkler equipment that is located in a hoistway if a licensed elevating device contractor directly supervises access to the hoistway.

(6) A licensed elevating device contractor who is supervising regulated work done under this section must not permit regulated work to be done in any manner that may adversely affect the safe operation of an elevating device, regardless of

(a) the qualifications of the individual doing the regulated work, or

(b) what is permitted under the permit referred to in subsection (3) (b) or (4) (b).

Regulated work in hoistway or on top of elevator

3.4  An individual must not access a hoistway or the top of an elevator car unless the individual

(a) is

(i) a certified elevating device mechanic or a mechanic-in-training who is supervised by a certified elevating device mechanic, or

(ii) emergency personnel working in the course of his or her duties,

(b) has the permission of a provincial safety manager, or

(c) is doing regulated work described in section 3.3 (4) or (5), if the regulated work is done in accordance with that section.

6 Section 4 is amended

(a) by adding the following subsection:

(0.1) An application for a certificate of qualification, or a renewal of a certificate of qualification, made under this section must include proof, acceptable to a provincial safety manager, that the applicant has successfully completed a training program that

(i) is administered by an educational body, and

(ii) in the opinion of a provincial safety manager, is relevant to the regulated work to be done under the certificate and to the types of passenger ropeways to which the certificate applies. ,

(b) in subsection (1) by adding “under subsection (2)” after “provide training”, and

(c) in subsection (2) by striking out “perform regulated work” and substituting “do regulated work”.

7 The following Division is added:

Division 2.1 – Certified Elevating Device Mechanics

Applications under this Division

4.1  (1) An application for a certificate of qualification, or a renewal of a certificate of qualification, made under this Division must include proof, acceptable to a provincial safety manager, of all of the following, as applicable:

(a) with respect to a certificate of qualification as a certified elevating device mechanic, the applicant’s relevant training and work experience as set out in section 4.3;

(b) with respect to a certificate of qualification as a mechanic-in-training, the matters referred to in section 4.6 (2) or (5), as applicable;

(c) with respect to a certificate of qualification for an individual to whom section 4.7 applies, the matters referred to in that section.

(2) For the purpose of applying section 2 of the Safety Standards General Regulation to an applicant described in subsection (1) (a) of this section, fees for examinations, if any, apply to each attempt of a required examination.

(3) Despite section 3 (2) of the Safety Standards General Regulation, if an applicant for a certificate of qualification fails to pass all required examinations on the third attempt, the applicant may not apply for a certificate again for at least 5 years after that attempt.

(4) A provincial safety manager may renew a certificate of qualification only if the certificate holder applies to renew the certificate before its expiry.

Classes of certified elevating device mechanic certificates of qualification

4.2  The following classes of certified elevating device mechanic certificates of qualification, with their corresponding restrictions, are established:

(a) Class A – restricted to installing, altering, repairing or maintaining those types of elevating devices, other than passenger ropeways or amusement rides, that are identified on the certified elevating device mechanic’s certificate;

(b) Class C – restricted to installing, altering, repairing or maintaining those types of personnel hoists that are identified on the certified elevating device mechanic’s certificate;

(c) Class H – restricted to installing, altering, repairing or maintaining those types of elevating devices that are

(i) designed for individuals with physical disabilities, and

(ii) identified on the certified elevating device mechanic’s certificate;

(d) Class MR – restricted to doing those types of repairs or maintenance of elevating devices that are identified on the certified elevating device mechanic’s certificate, while employed by a licensed elevating device contractor who holds a Class MR licence that authorizes the same types of repairs or maintenance.

Certified elevating device mechanic certificates of qualification

4.3  (1) An applicant for a certified elevating device mechanic certificate of qualification must include with the application proof, acceptable to a provincial safety manager, that the applicant has successfully completed all of the following, as applicable:

(a) an elevating device mechanics training program, or equivalent technical education, acceptable to a provincial safety manager;

(b) for a Class A, C or H certificate of qualification, the Mechanic-in-Training Program administered by the British Columbia Safety Authority;

(c) for a Class MR certificate of qualification, 40 hours of education that, in the opinion of a provincial safety manager, is relevant to the repair and maintenance of elevating devices;

(d) the required amount of experience doing regulated work within the scope of the certificate of qualification being applied for, that amount being

(i) for a Class A certificate of qualification, 8 000 hours, and

(ii) for a Class C or H certificate of qualification, 4 000 hours.

(2) An applicant for a certificate of qualification as a certified elevating device mechanic must pass all examinations, if any, required by a provincial safety manager in no more than 3 attempts.

(3) A certificate of qualification issued by a provincial safety manager to a certified elevating device mechanic is valid for a period of 3 years from the date of issue.

(4) A certificate of qualification may be renewed only if the applicant provides proof, acceptable to a provincial safety manager, of having completed at least 24 hours of continuing education, within the term of the certificate of qualification that is to be renewed, that the provincial safety manager recognizes or evaluates as being relevant to the scope of the certificate.

(5) For the purposes of subsection (4), continuing education may be offered through an educational body, the British Columbia Safety Authority, a manufacturer, a licensed elevating device contractor or a trade or industry association.

Duties and entitlements of certified elevating device mechanics

4.4  (1) A certified elevating device mechanic may, on behalf of his or her employer, make declarations that regulated work within the scope of the certified elevating device mechanic’s certificate of qualification complies with the Act and regulations.

(2) A certified elevating device mechanic who, under a permit, does regulated work in respect of an elevating device must do all of the following:

(a) ensure that the regulated work complies with all requirements under the Act;

(b) request from the regulatory authority any inspections required under the Act or on the permit;

(c) if permitted or required to do so by the regulatory authority, sign a declaration that the regulated work has complied with all of the requirements under the Act;

(d) ensure that the individuals doing the regulated work have the qualifications that are appropriate for that type of regulated work.

(3) A certified elevating device mechanic must disclose to a safety officer any regulated product or regulated work that creates a risk of either personal injury or damage to property.

Supervision by certified elevating device mechanic

4.5  A certified elevating device mechanic who is supervising mechanics-in-training or other certified elevating device mechanics must sign the skills passport of each supervised individual, if that individual has successfully demonstrated proficiency in a skill described in that skills passport.

Mechanic-in-training certificate of qualification

4.6  (1) A Class IT certificate of qualification for mechanics-in-training is established.

(2) An applicant for a Class IT certificate of qualification must provide proof, acceptable to a provincial safety manager, that the applicant

(a) has, within one year before the date of application, completed a training course, acceptable to a provincial safety manager, that includes at least 24 hours of instructional time in occupational health and safety, and

(b) is employed by a licensed elevating device contractor who is authorized to do the type of regulated work that corresponds with the class of certificate of qualification for which the applicant is applying.

(3) The terms and conditions that a provincial safety manager may attach on issuing a certificate of qualification to a mechanic-in-training include, but are not limited to,

(a) limitations on the scope of the regulated work that may be done under the certificate, and

(b) setting experience, education and training requirements that must be completed by a specified date or by the date the certificate expires.

(4) A certificate of qualification issued by a provincial safety manager to a mechanic-in-training is valid for a period of one year from the date of issue.

(5) A provincial manager may renew a certificate of qualification only if the applicant provides the following:

(a) for the first renewal, proof of registration in a training program for the purpose of obtaining a certificate of qualification as a certified elevating device mechanic;

(b) for subsequent renewals,

(i) proof of the applicant’s successful progression through the training program referred to in paragraph (a), and

(ii) the applicant’s skills passport.

(6) A provincial safety manager may refuse, without further grounds, to renew the certificate of qualification of a mechanic-in-training who has failed to become eligible

(a) for a Class A certificate of qualification, within 7 years from the date the Class IT certificate of qualification was first issued, or

(b) for a Class C or H certificate of qualification, within 5 years from the date the Class IT certificate of qualification was first issued.

Transitional – current mechanics

4.7  (1) In this section, “transitioning mechanic” means an individual who, on the date this section comes into force, is employed in British Columbia by a licensed elevating device contractor who holds a Class A, RA, C, H or MR licence, for the purpose of doing regulated work in respect of elevating devices, other than amusement rides or passenger ropeways.

(2) A transitioning mechanic must apply for a certificate of qualification under this section, and submit all required fees, within 90 days after the date this section comes into force.

(3) Despite any provision of this regulation that requires an individual to hold a certificate of qualification to do regulated work, a transitioning mechanic may do regulated work as if the transitioning mechanic holds a certificate of qualification of the class applied for under subsection (2) until the earlier of the following:

(a) the date that is 90 days after the date this section comes into force, if the transitioning mechanic does not apply for a certificate of qualification as required under subsection (2);

(b) the date a certificate of qualification is issued under subsection (4).

(4) If an application is made as required under subsection (2), a provincial safety manager may issue to the applicant one of the following:

(a) a Class A, C or H certificate of qualification as a certified elevating device mechanic, if the applicant

(i) provides proof, acceptable to a provincial safety manager, that the applicant meets the applicable experience requirements set out in subsection (5), and

(ii) passes all examinations, if any, required under subsection (5) in no more than 3 attempts;

(b) a Class MR certificate of qualification as a certified elevating device mechanic, if the applicant is employed by a licensed elevating device contractor who holds a Class MR licence, for the purpose of doing regulated work within the scope of the licence;

(c) a Class IT certificate of qualification as a mechanic-in-training, if the applicant does not meet the requirements of paragraph (a) or (b).

(5) For the purposes of subsection (4) (a), the following requirements apply:

(a) an applicant for a Class A certificate of qualification must

(i) have 12 years of experience, since July 1, 1997, doing regulated work within the scope of the certificate of qualification, or

(ii) have 12 000 hours of experience doing regulated work within the scope of the certificate of qualification and pass a required examination;

(b) an applicant for a Class C or H certificate of qualification must

(i) have 4 years of experience, since July 1, 2008, doing regulated work within the scope of the certificate of qualification, or

(ii) have 6 000 hours of experience doing regulated work within the scope of the certificate of qualification and pass a required examination.

(6) For the purposes of an examination under subsection (5),

(a) section 3 (2) of the Safety Standards General Regulation does not apply,

(b) a provincial safety manager may determine the grade that applicants must achieve to pass the examination, and

(c) for the purpose of applying section 2 of the Safety Standards General Regulation, the applicant must pay the applicable fees, if any, for each attempt of a required examination.

(7) This section is repealed 6 months after the date it comes into force.

8 Sections 7 and 8 are repealed and the following substituted:

Elevating device contractor’s licence

7  (1) An applicant for an elevating device contractor’s licence, or a renewal of an elevating device contractor’s licence, must provide all of the following:

(a) a list of the elevating devices that are or will be maintained by the applicant under mandatory maintenance program contracts;

(b) identification of the frequency of mandatory maintenance of each listed elevating device.

(2) Section 6 (a) of the Safety Standards General Regulation does not apply to an applicant for an elevating device contractor’s licence.

General duties of licensed elevating device contractor

8  (1) A licensed elevating device contractor must maintain a current list of the elevating devices maintained by the licensed elevating device contractor under mandatory maintenance program contracts, and

(a) provide a copy of the list annually to a provincial safety manager, and

(b) notify a provincial safety manager of any additions or changes to the list within 3 days of the addition or change.

(2) A licensed elevating device contractor must not employ a certified elevating device mechanic or a mechanic-in-training for the purpose of doing regulated work outside the scope of the employed individual’s certificate of qualification, unless

(a) the employed individual will be supervised by a certified elevating device mechanic who holds a certificate of qualification relevant to the regulated work, and

(b) the licensed elevating device contractor verifies that, if a skill in the employed individual’s skills passport is signed by the supervising certified elevating device mechanic under section 4.5, the employed individual has successfully demonstrated proficiency in that skill.

(3) Sections 7 (1) and 9 of the Safety Standards General Regulation do not apply to a licensed elevating device contractor.

9 The heading to Part 2 is repealed and the following substituted:

Part 2 – Permits and Inspections .

10 Section 11 (2) is amended by striking out “Section 17 (3)” and substituting “Sections 16 and 17 (3)” and by striking out “does not apply” and substituting “do not apply”.

11 Section 12 is amended

(a) by striking out “that person’s field safety representative” in both places and substituting “a certified elevating device mechanic employed by a licensed elevating device contractor”, and

(b) in subsection (2) (a) by striking out “t conduct” and substituting “to conduct”.

12 Sections 14 and 15 are repealed and the following substituted:

Periodic inspections

14  Following an acceptance inspection, elevating devices must be periodically inspected by a safety officer as follows:

(a) in respect of elevating devices other than passenger ropeways, in accordance with the codes adopted by the Schedule to this regulation;

(b) in respect of passenger ropeways, on the date agreed to, in writing, between the owner of the passenger ropeway and the safety officer.

13 Section 16 (1) is amended

(a) by striking out “, the contractor’s field safety representative or a passenger ropeway owner performs or supervises work” and substituting “or a passenger ropeway owner does or supervises regulated work”, and

(b) by striking out “regulated work performed” and substituting “regulated work done”.

14 Section 24 is amended by striking out “contractor,” and substituting “licensed contractor,”.

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