Vol. 62, No. 15 – B.C. Reg. 184/2019

Volume 62, No. 15
184/2019

The British Columbia Gazette, Part II
July 30, 2019

B.C. Reg. 184/2019, deposited July 22, 2019, under the SAFETY STANDARDS ACT [sections 8 and 88]. Ministerial Order M259/2019, dated July 22, 2019.

I, Selina Robinson, Minister of Municipal Affairs and Housing, order that

(a) section 19 (5) of the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation, B.C. Reg. 104/2004, is amended by striking out "computer simulation" and substituting "power lab",

(b) the Elevating Devices Safety Regulation, B.C. Reg. 101/2004, is amended as set out in the attached Appendix 1,

(c) effective April 30, 2020, the Elevating Devices Safety Regulation is amended as set out in the attached Appendix 2, and

(d) the Elevating Devices Safety Regulation is amended as set out in the attached Appendix 3, effective on the dates as set out in that Appendix.

— S. ROBINSON, Minister of Municipal Affairs and Housing.

Appendix 1

1 The Elevating Devices Safety Regulation, B.C. Reg. 101/2004, is amended by adding the following section:

Transition plan required for existing elevating devices

21.1 (1) In this section, "existing elevating device" means an elevating device for which an operating permit was issued before April 30, 2020.

(2) On or before April 30, 2020, a licensed elevating device contractor who is responsible for an existing elevating device must submit to a provincial safety manager a transition plan

(a) in a form acceptable to the provincial safety manager, and

(b) describing how testing and maintaining of the existing elevating device will comply, on or before September 30, 2021, with section 8.6 of ASME A17.1-16/CSA B44-16 as varied by the Schedule to this regulation as it will read on April 30, 2020.

(3) If a licensed elevating device contractor intends to change the transition plan referred to in subsection (2),

(a) the licensed elevating device contractor must notify a provincial safety manager, in a form and manner acceptable to the provincial safety manager, and

(b) make only those changes acceptable to that provincial safety manager.

Appendix 2

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

(a) by repealing paragraph (a) of the definition of "acceptance inspection",

(b) by adding the following definitions:

"direct supervision" means supervision by a certified elevating device mechanic who is on the same premises as the supervised person, in sufficient proximity that the certified elevating device mechanic can readily

(a) observe the supervised person directly and without the aid of electronic devices,

(b) provide verbal direction and immediate assistance to the supervised person, and

"general supervision" means supervision by a certified elevating device mechanic who is readily available to the supervised person for the purpose of providing timely direction and assistance; , and

(c) in the definition of "mandatory maintenance" by striking out "codes adopted by the Schedule to this regulation" and substituting "codes and standards adopted under section 17".

2 Section 3.2 (2) (b) is repealed and the following substituted:

(b) the individual is a certified elevating device mechanic acting outside the scope of the individual's certificate of qualification and the regulated work is

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

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

(b.1) the individual is a mechanic-in-training and the regulated work is

(i) done under

(A) the direct supervision of a certified elevating device mechanic, if the individual is performing a skill that is not signed off in the individual's skills passport, or

(B) the general supervision of a certified elevating device mechanic, if clause (A) does not apply, and

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

3 Section 3.3 (2) (b) and (3) (c) is amended by striking out "is supervised by" and substituting "is under the general supervision of".

4 Section 3.4 (a) (i) is repealed and the following substituted:

(i) a certified elevating device mechanic,

(i.1) a mechanic-in-training who is under

(A) the direct supervision of a certified elevating device mechanic, if the individual is performing a skill that is not signed off in the individual's skills passport, or

(B) the general supervision of a certified elevating device mechanic, if clause (A) does not apply, or .

5 Section 4.4 (2) is amended

(a) in paragraph (a) by striking out "complies with all requirements under the Act" and substituting "complies with the Act and regulations",

(b) in paragraph (b) by striking out "required under the Act or on" and substituting "required by the Act, the regulations or", and

(c) in paragraph (c) by striking out "has complied with all of the requirements under the Act" and substituting "complies with the Act and regulations".

6 Section 7 (1) is amended by adding the following paragraph:

7 Section 8 (2) (a) is amended by striking out "will be supervised by" and substituting "will be under the direct supervision of".

8 Section 12 is repealed and the following substituted:

Acceptance inspection and test

12 (1) In this section, "contractor or mechanic" means, respectively,

(a) a licensed elevating device contractor, or

(b) a certified elevating device mechanic employed by a licensed elevating device contractor.

(2) On completing regulated work under an installation permit for a new elevating device, or an elevating device for which an operating permit has previously been issued but has undergone a major alteration, a contractor or mechanic must

(a) submit to a provincial safety manager a signed declaration that the regulated work complies with the Act and regulations,

(b) request a safety officer to conduct an acceptance inspection, and

(c) ensure that, unless the provincial safety manager permits otherwise, the elevating device is not put into or returned to service until the inspection is complete.

(3) On completing regulated work under an installation permit for an elevating device that has undergone a minor alteration, a contractor or mechanic must do both of the following:

(a) within 30 days of completing the regulated work, submit to a provincial safety manager a signed declaration that the regulated work complies with the Act and regulations;

(b) within 60 days of returning the elevating device to service, request a safety officer to conduct an acceptance inspection.

(4) For the purposes of subsections (2) (a) and (3) (a), a declaration must be signed by a certified elevating device mechanic who is authorized, under the certified elevating device mechanic's certificate of qualification, to perform the regulated work that is the subject of the declaration.

(5) If an acceptance inspection will be conducted in response to a request under this section, the contractor or mechanic must

(a) make available to the safety officer a certified elevating device mechanic for the purpose of performing tests relevant to the acceptance inspection, and

(b) submit to that safety officer any information relevant to the acceptance inspection.

Maintenance control program compliance document

12.1 (1) In this section:

"existing elevating device" means an elevating device for which an operating permit was issued before April 30, 2020;

"MCP compliance document" means a maintenance control program compliance document that

(a) is in the form required by a provincial safety manager, and

(b) confirms that the testing and maintenance of the elevating device that is the subject of the document complies with section 8.6 of ASME A17.1-16/CSA B44-16 "Safety Code for Elevators and Escalators" with the variations set out in the Schedule to this regulation as it reads on April 30, 2020.

(2) Subject to subsection (3), a licensed elevating device contractor must submit to a provincial safety manager an MCP compliance document on or before

(a) requesting an acceptance inspection,

(b) changing the frequency of maintenance for an elevating device, or

(c) entering into a new maintenance contract under section 21 (2) with respect to an elevating device for which an operating permit was issued on or after April 30, 2020.

(3) A licensed elevating device contractor responsible for an existing elevating device must submit to a provincial safety manager an MCP compliance document for that device on or before the earliest of the following dates:

(a) the date on which an acceptance inspection is requested;

(b) the date on which a new maintenance contract is entered into under section 21 (2);

(d) September 30, 2021.

9 Section 14 (a) is amended by striking out "codes adopted by the Schedule to this regulation" and substituting "applicable codes and standards adopted under section 17".

10 Section 17 is repealed and the following substituted:

Adoption of safety codes and standards

17 (1) Subject to subsections (2) and (3), the codes and standards referred to in the Schedule to this regulation are adopted by reference with the variations set out in that Schedule.

(2) In the case of a new elevating device that was purchased, or an elevating device for which a major alteration was purchased, by the owner before April 30, 2020, and for which an operating permit was issued on or after April 30, 2020, the following codes and standards are adopted by reference:

(a) for the purposes of testing and maintaining the elevating device, section 8.6 of ASME A17.1-16/CSA B44-16 "Safety Code for Elevators and Escalators" with the variations set out in the Schedule to this regulation as it reads on April 30, 2020;

(b) for any other purpose and until October 31, 2020, the codes and standards referred to in the Schedule to this regulation as it read immediately before April 30, 2020 with the variations set out in that Schedule.

(3) In the case of an elevating device for which an operating permit was issued before April 30, 2020, the following codes and standards are adopted by reference:

(a) the codes and standards referred to in the Schedule to this regulation as it read immediately before April 30, 2020 with the variations set out in that Schedule until the earliest of the following dates:

(i) the date on which an acceptance inspection is requested;

(ii) the date on which a new maintenance contract is entered into under section 21 (2);

(iii) the date on which a maintenance contract entered into under section 21 (2) is revised or renewed;

(iv) September 30, 2021;

(b) as of the applicable date under paragraph (a), section 8.6 of ASME A17.1-16/CSA B44-16 "Safety Code for Elevators and Escalators" with the variations set out in the Schedule to this regulation as it reads on April 30, 2020.

11 Section 18 (2) (d) and (e) are repealed and the following substituted:

(d) children's playspaces and equipment to which CSA Standard Z614-98 applies;

(e) soft contained play systems to which ASTM Standard F1918-98 applies, other than stand-alone air-supported structures; .

12 Section 21 (4) is amended by striking out ", unless otherwise provided under an applicable code".

13 Section 24 is repealed and the following substituted:

Evacuation procedures

24 If evacuation procedures are to be performed by a person other than a certified elevating device mechanic, the owner must ensure that the procedures are developed by, and training in the implementation of those procedures is provided by, a person acceptable to a provincial safety manager.

14 The following section is added:

Expiry of installation permits

25.1 An installation permit expires 5 years after the date the permit is issued.

15 Section 26.1 (1) is repealed and the following substituted:

(1) An owner who proposes to make a change to the design or specifications of an amusement ride must ensure that the change meets the requirements of the Act, the regulations and the manufacturer's specifications.

16 Section 30 (3) (a) is amended by striking out "under the Act" and substituting "of the Act and regulations".

17 Section 32 is amended by striking out "the requirements under the Act in respect of the construction, installation or modification have been met" and substituting "the construction, installation or modification complies with the Act and regulations".

18 Section 35 (1) and (2) is repealed and the following substituted:

(1) In this section, "contractor or mechanic" means, respectively,

(a) a licensed elevating device contractor, or

(b) a certified elevating device mechanic employed by a licensed elevating device contractor.

(2) An extension of travel of a personnel hoist must be inspected by a certified elevating device mechanic.

(2.1) On completing an inspection referred to in subsection (2) or on relocating a personnel hoist to a new site, a contractor or mechanic must

(a) submit to a provincial safety manager a signed declaration that the regulated work complies with the Act and regulations,

(b) request a safety officer to conduct an acceptance inspection, and

(c) ensure that, unless the provincial safety manager permits otherwise, the personnel hoist is not returned to service until the inspection is complete.

(2.2) For the purposes of subsection (2.1), a declaration must be signed by a certified elevating device mechanic who is authorized, under the certified elevating device mechanic's certificate of qualification, to perform the regulated work that is the subject of the declaration.

19 Section 39 is amended by striking out "comply with" and substituting "meet".

20 Sections 39.1 and 44 are repealed.

21 Section 52 (b) is amended by striking out "complies with" and substituting "meets".

22 The Schedule is repealed and the following substituted:

Schedule

Adopted Codes and Standards

Standards setting bodies

1 In this Schedule:

"ANSI" means the American National Standards Institute;

"ASME" means the American Society of Mechanical Engineers;

"CSA" means the Canadian Standards Association.

Interpreting codes and standards

2 For the purposes of interpretation of the codes and standards referred to in this Schedule:

"bumper boats" means an amusement ride that has boats

(a) equipped with an encircling buffer device, and

(b) designed to operate in an enclosed pool and to collide with each other;

"bumper car" means an amusement ride

(a) that has passenger carrying units equipped with an encircling buffer device and operated in an enclosed area consisting of a runway, and

(b) in which the action of passengers may cause one passenger carrying unit to collide with another;

"circular ride" means an amusement ride for which motion is primarily rotary in a fixed or variable plane from horizontal to 45° above horizontal;

"discharge area" means the lower area of a waterslide or dry slide used for discharging riders;

"dispatch area" means the area of a waterslide or dry slide that is used for dispatching riders;

"dry slide" means an amusement ride that consists of one or more inclined channels that do not contain water and on which a person slides down, with or without a pad, from a height exceeding 4 m into a discharge area;

"flume ride" means an amusement ride using water as a means of conveyance;

"kiddie automobile ride" means a ride that replicates small automobiles that can be ridden only by children;

"log flume ride" means any flume ride that uses a "log" as a passenger transporter;

"operator" means a person who

(a) has direct control over the starting, stopping or speed of an amusement ride or part of the ride, or

(b) is in charge of the entire operation of an amusement ride;

"park ride" means an amusement ride other than a travelling ride;

"rotary ride" means an amusement ride in which the passengers, by the action of centrifugal force, are maintained against the inner wall of a rotating vertical cylinder while at the same time the floor of the cylinder may be lowered away from the feet of the passengers;

"safety pin retainer" means a device which retains in place a pin joint connection;

"travelling ride" means an amusement ride that is designed for repetitious erection and dismantling;

"waterslide" means any flume ride in which a transporter is not used.

Codes and standards adopted

3 The following codes and standards are adopted:

(a) ASME A17.1-2016/CSA B44-16, "Safety Code for Elevators and Escalators" with the variations set out in sections 4 to 19 of this Schedule, except that

(i) sections 5.3, 5.4, 5.7, 5.8, 5.9, 7.7, 7.8, 7.9, 7.10, 7.11 and 8.11 of the Code are not adopted, and

(ii) 8.6.1.7.1, 8.6.7.3, 8.6.7.4 and 8.6.7.7 to 8.6.7.9 are not adopted;

(b) National Standard of Canada CAN/CSA-B311-02 with Update No. 1 of June 2003, "Safety Code for Manlifts";

(c) CSA B355-09, "Lifts for Persons with Physical Disabilities" with the variation set out in section 20 of this Schedule, except that

(i) Clause 5.1.2 (b) and (d) is not adopted, and

(ii) Annex B is mandatory;

(d) National Standard of Canada CAN/CSA Z98-14, "Passenger ropeways and passenger conveyors", except that

(i) Clause 4.12.4.2 is not adopted, and

(ii) Annexes A, B, C, D, E, F, G, H, I, J and K are mandatory;

(e) National Standard of Canada CAN/CSA Z185-M87 (R2001), "Safety Code for Personnel Hoists", except that Appendix A is mandatory;

(f) CSA International Z267-00, "Safety Code for Amusement Rides and Devices", except that Appendices A and C are mandatory;

(g) ASME A17.7-2007/CSA B44.7-07, "Performance-based safety code for elevators and escalators";

(h) ANSI Standard ANSI A10.22-1990 (R1998), "Safety Requirements for Rope-Guided and Workers' Hoists — American National Standard for Construction and Demolition Operations".

Safety Code for Elevators and Escalators

4 5.10.1.9.5 of ASME A17.1-2016/CSA B44-16, "Safety Code for Elevators and Escalators" is repealed and the following substituted:

5.10.1.9.5 Openings of Hoistway Doors or Gates from Landing Side.

All elevators used for construction or temporary elevators shall be provided with hoistway doors and gate devices that comply with either of the following:

(a) interlocks conforming to 2.12.2;

(b) combination mechanical locks and electric contacts conforming to 2.12.3.

The mechanical locking device, when used on temporary doors, shall be self-latching.

5 8.6.1.2.1 (e) is amended by adding the following to the end of the paragraph:

In no case shall maintenance intervals exceed the lesser of 3 months and the manufacturer's specified limit.

6 8.6.1.2.2 (a) is amended by adding the following to the end of the paragraph:

All other wiring schematics and diagrams relevant to the elevating device shall be available with the elevating device.

7 8.6.1.4.1 (a) (3) is repealed and the following substituted:

(3) Maintenance control program records shall be viewable on-site by elevator personnel in both hard copy and electronic format, in a format acceptable to a provincial safety manager, made available to that authority or the owner on request of the authority or owner and shall include, but are not limited to, the following:

(a) site name and address;

(b) contractor's name and licence number;

(d) unit number;

(e) date of record;

(f) a description of the maintenance task, interval, and associated requirements of Section 8.6;

(g) indication of completion of maintenance task.

8 8.6.1.7 is repealed and the following substituted:

8.6.1.7 Periodic Tests.

Periodic tests shall be performed as follows:

(a) category 1 tests shall be performed annually;

(b) category 3 tests shall be performed every 3 years;

9 8.6.1.7.2 is repealed and the following substituted:

8.6.1.7.2 Periodic Test Record.

A periodic test record for all periodic tests shall be kept as part of the maintenance control program record both in a log book and electronically, to be available according to the requirements of 8.6.1.4.1 (a) (3), and including all of the following:

(a) the applicable Code requirement(s) and date(s) performed;

(b) the name of the person or firm performing the test;

(d) if any of the alternative test methods contained in 8.6.4.20 were performed, an indication that alternative testing was utilized for the applicable requirement.

10 8.6.4.1.1 is repealed and the following substituted:

8.6.4.1.1 Suspension and compensating means shall be kept sufficiently clean so that they can be visually inspected, and suspension means shall be

(a) inspected at intervals not exceeding 12 months, and

(b) replaced if they no longer conform to the applicable requirements of ASME A17.6.

11 8.6.4.2.1 is repealed and the following substituted:

8.6.4.2.1 Governor ropes shall be

(a) kept sufficiently clean so that they can be visually inspected,

(b) inspected at intervals not exceeding 12 months, and

12 8.6.4.12.1 is repealed and the following substituted:

8.6.4.12.1 Governors shall be

(a) examined at intervals not exceeding 3 months to ensure that all seals are intact, and

(b) manually operated to determine that all moving parts, including the rope-grip jaws and switches, operate freely.

13 8.6.4.13.1 is amended by adding the following to the end of the Clause:

Maintenance under this section shall be at intervals not exceeding 3 months.

14 8.6.4.13.2 is repealed and the following substituted:

8.6.4.13.2 Kinetic Energy and Force Limitation for Automatic Closing, Horizontal Sliding Car and Hoistway Doors or Gates.

If a power-operated horizontally sliding door is closed by momentary pressure or by automatic means, the closing kinetic energy and closing force shall be maintained to conform to 2.13.4 and 2.13.5. If a data plate conforming to 2.13.4.2.4 is not required, compliance with Appendix Z is mandatory.

15 8.6.4.19.6 is repealed and the following substituted:

8.6.4.19.6 Firefighters' Emergency Operation.

Firefighters' Emergency Operation (Phase I and II) shall be tested to determine conformance with the applicable requirements. Phase I recall shall be tested by simulating individual fire alarm initiating device inputs to the elevator control, the three-position key switch at the designated landing and, where provided, the two-position switch at the building fire control station (Part 6).

16 8.6.4.20.1 (a) is amended by striking out "Tests shall be made by tripping the governor by hand at the rated speed." and substituting "Except for Type A Safeties, tests shall be made by tripping the governor by hand at the rated speed. Type A Safeties may be tested at reduced speeds.".

17 8.6.5.7 is repealed and the following substituted:

8.6.5.7 Record of Oil Usage.

For systems for which part of either a cylinder or piping, or both, is not exposed for visible examination,

(a) oil levels shall be verified at each maintenance visit by the certified mechanic conducting the maintenance visit,

(b) a written record shall be kept of the quantity of hydraulic fluid added to the system and emptied from leakage collection containers and pans, and the record kept in the machine room, and

(c) when the quantity of hydraulic fluid loss cannot be accounted for, the tests specified in 8.6.5.14.1 and 8.6.5.14.2 shall be made.

18 8.6.11.1 is repealed and the following substituted:

8.6.11.1 Firefighters' Emergency Operation.

All elevators provided with Firefighters' Emergency Operation shall be subjected annually, by authorized personnel, to Phase I recall by use of the key switch, and a minimum of one-floor operation on Phase II. Deficiencies shall be corrected. A record of findings shall be available to elevator personnel and the authority having jurisdiction.

19 The introductory paragraph in section 8.9 is amended by striking out "new and existing equipment" and substituting "new and altered equipment".

Lifts for Persons with Physical Disabilities

20 Clause B.2.2 of Annex B of CSA B355-09, "Lifts for Persons with Physical Disabilities" is repealed and the following substituted:

B.2.2 Unless otherwise specified in this Annex, the maintenance specified in Clause B.2.1 shall be carried out at intervals no longer than 3 months.

Appendix 3

1 Effective October 31, 2020, section 17 of the Elevating Devices Safety Regulation, B.C. Reg. 101/2004, is amended

(a) in subsection (1) by striking out "Subject to subsections (2) and (3)," and substituting "Subject to subsection (3),", and

(b) by repealing subsection (2).

2 Effective September 30, 2021, section 17 is amended

(a) in subsection (1) by striking out "Subject to subsection (3), the codes" and substituting "The codes", and

(b) by repealing subsection (3).

3 Effective March 31, 2022, section 12.1 is amended

(a) in subsection (1) by repealing the definition of "existing elevating device",

(b) in subsection (2) by striking out "Subject to subsection (3), a licensed" and substituting "A licensed", and

4 Effective March 31, 2022, section 21.1 is repealed.