1. (a) The board may consult with engineering authorities and organizations concerned with standard safety codes and rules governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of elevators, dumbwaiters, and escalators, and the qualifications that are adequate, reasonable, and necessary for an elevator mechanic, contractor, and inspector. Therefore, the board may recommend the amendments of applicable legislation, when appropriate, to legislators.
2. (b) The board shall adopt rules for the equipment regulated by this chapter. The rules shall include the Safety Code for Elevators and Escalators, American Society of Mechanical Engineers (ASME) A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Safety Standard for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Automated People Mover Standards, American Society of Civil Engineers (ASCE) 21. The board shall review the latest editions of the standards within 12 months of the effective date and determine whether the board will adopt the latest editions in part, in whole, or not at all. Adoption of the latest editions shall be effective no less than six months from the board’s review date. Any modifications to the standards which the administrator deems necessary shall be justified in writing by the board.
3. (c) The board may grant exceptions and variances from the literal requirements of applicable code and standards, rules, or local legislation, or any combination of these, in cases where the variances would not jeopardize the public safety and welfare. The board may hear appeals, hold hearings, and decide upon appeals within 30 days of the appeal.
4. (d) The board shall establish fee schedules for licenses, permits, certificates, and inspections. The fees shall reflect the actual costs and expenses to conduct the duties as described in this chapter. All fees collected by the administrator pursuant to this chapter shall be remitted to the Elevator Safety Review Board Operational Fund in the State Treasury to the credit of the board for its operation and for the operation of the Department of Workforce. Any funds appropriated for the operation of the board which are not needed for current operations as determined by the administrator and within the appropriation ceiling of the board may be used for operation of the department.

5. (e) The board shall do all of the following:

   1. (1) Require new elevator installations to comply with the most recent elevator safety codes and standards in effect when the building construction permit was issued or at the time of the final approval by the Division of Construction Management.
   2. (2) Require elevator modifications or alterations to comply with the most recent elevator safety codes and standards that are in effect at the time the elevator permit is issued.

(Act 2003-349, p. 903, §6; Act 2005-69, p. 97, §3; Act 2009-32, p. 105, §3; Act 2010-597, p. 1343, §1; Act 2011-559, p. 1063, §1; Act 2017-70, §3; Act 2018-76, §3; Act 2022-241, §1; Act 2026-539, §1.)