(a) Minimum standards.

1. (1) All conveyances shall be maintained by the owner or lessee in a condition that conforms to the standards established by the Elevator Safety Board which were in effect on the date of installation or the provisions of ASME A17.3, 2005, whichever are more stringent.
2. (2) Notwithstanding the provisions of ASME A17.3, 2005, the owner or operator of any elevator without Phase I and Phase II fire service shall have a period of five (5) years from the effective date of this part or until alteration to install Phase I and Phase II fire service, whichever occurs first.
3. (3) Notwithstanding the provisions of ASME A17.3, 2005, Part 4.3.3 applicable to hydraulic elevators, the owner or operator of any hydraulic elevator with a flat-bottom jack shall be required to replace or retrofit to comply with A17.3, Part 4.3.3, within five (5) years from the effective date of this part or alteration, whichever occurs first.
4. (4) This section does not include any later amendments or editions of the standards incorporated by reference.
5. (5) Copies of these standards incorporated by reference can be viewed in the offices of the Elevator Safety Section or can be obtained by contacting the following: American Society of Mechanical Engineers Two Park Avenue New York, NY 10016-5990 1-800-843-2763 www.asme.org

(b) Operation.

1. (1) Any conveyance which is out of operation or without an operating permit for twelve (12) months or more shall have a safety test or leak down test and a pressure test performed in the presence of a licensed elevator inspector in the employ of the Department of Labor and Licensing or its authorized representative before a new operating permit can be issued or before such can operate.
2. (2) Additionally, such conveyance shall conform to the standards established by 20 CAR § 881-111 or have a variance issued pursuant to 20 CAR § 881-116 before an operating permit can be issued or before it can operate.