The Code Reporter

The latest information on the California elevator safety code.





Wednesday, November 14, 2012

Circular Letter E-11-01 - Certification Requirements – Withdrawn


Revisiting the theme of my last Blog Report from May regarding DOSH-Elevator Unit - Circular Letters, many of you may be aware the Division has “Withdrawn” their Circular Letter E-11-01 - Certification Requirements, issued November 16, 2011 (http://www.dir.ca.gov/dosh/ertcrltr.html).

Rumors abound as to what was the impetus for the Division to withdraw this Circular Letter (CL).  Some say one or more of the majors was threatening to sue the State regarding the statement in the CL clarifying the requirement, “monthly fire phase one and two testing must be performed by a certified competent conveyance mechanic.”  The speculation is that these majors, and possibly minors as well, take issue with two aspects of this requirement:  One, that this testing must be performed by their CCCM mechanics; and two, that it must be performed “monthly.”  On the first, the companies would have to raise their service rates to cover the additional labor time to perform this testing.  On the second, the companies’ mechanic would actually have to visit the job every month. 

It’s been many years, decades likely, since the standard full service maintenance contracts by the majors (and many of the minors as well) used the word “monthly” with reference to frequency of maintenance.  It has been universally replaced with the word “periodic” or “as required…” – or some similar, undefined term.  Many tout their somewhat inscrutable, off-site elevator monitoring services as an effective substitution for more frequent physical visits to the equipment.  Their HQ computer will tell them when the units need servicing...  It’s curious to me that I’ve never seen dirtier pits and car tops since the advent of these systems.  It’s all about competition – or is it about profits? 

Back to the first issue, the question of whether the code requires elevator Fire Service Phase I & II be tested by a CCCM.  As the original CL references, the governing authority derives from the California Labor Code, Sections 7300-7324.2.  You can find this code language at:  http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=07001-08000&file=7300-7324.2.  My re-reading of this code failed to find anything specific to fire service testing.  The closest the language comes to making this a requirement is section 7311.2 with the wording, “…any person who, without supervision, erects, constructs, installs, alters, tests, maintains, services or repairs, removes, or dismantles any conveyance covered by this chapter, shall be certified as a certified competent conveyance mechanic by the division.”  The operative word in that language is “tests.” 

This raises my point of my previous blog article, does the writing of Circular Letters by the Division constitute “writing code” as my old friend Al Tafazoli contented (and therefore avoided their use)?  Or, is the function of CLs to help clarify the code as written – which is my understanding.  Where it gets sticky is when the code is insufficiently specific, such as whether the word “tests” in the Labor Code extends to the monthly testing of fire service.  Admittedly, my study of the code on this point has not been exhaustive but my current interpretation would be that it would apply and that the CL was accurate.  Possibly someone out there can convince me otherwise…

In addition to the fire service testing, this CL speaks to an array of other issues concerning who can legally work on elevators.  It made clear that non-CCCM tradespersons could not perform cab alterations, which had been a common and potentially dangerous occurrence.  Examples of hazards to these non-certified personnel could include electrocution from drilling holes through the cab walls or canopy into unseen electrical devices.  A clear danger to the riding public has been the frequent use of non-fire & smoke rated materials, un-rated glass and improperly secured materials in elevator cab interiors.  A very serious problem has been system unbalancing and overloading of elevator cars with the use of excessively heavy materials in cab installations and upgrades.  I’ve seen a number of elevators with a negative over-balance, causing excessive drive sheave and rope wear from traction loss due to this error.  The intent of only allowing this work to be performed by CCCMs is that they are professionally trained & certified and understand the codes and dynamics of elevators.  

In summary, I disagree with the withdrawal of DOSH Circular Letter E-11-01.  This CL served a very useful and correct purpose and, I would argue, was needed to clarify vagueness in the code language.  Note that the withdrawal of this CL did not change or alter the underlying code.  The Labor Code and Elevator Safety Orders remain as written.  It didn’t make it legal for non-CCCM millwrights to install elevator cab interiors or demolition crews to remove old elevators.  What the withdrawal of this CL did, in my opinion, was to put back in place the uncertainty that existed previously, that the CL had intended – and succeeded briefly – in removing. Even worse, some believe it vindicated the wrong practices of the past. 
If indeed there was a specific problem with some of the language in this Circular Letter, then the better solution would be to amend it to make it right.  I’ll be the first to admit that I don’t know the whole story behind this controversy.  I welcome anyone out there to post a comment, or if they prefer, call me privately if you have more information on this subject.

Cheers,

Your Code Reporter
Rich Blaska

Wednesday, May 9, 2012

DOSH-Elevator Unit - Circular Letters


Here in California, with the exception of Los Angeles and federal installation, the authority having jurisdiction (AHJ) over commercial elevators is DOSH-Elevator Unit.  Well, that’s the short name for the state governmental agency – go to their website for the long version:  http://www.dir.ca.gov/DOSH/Elevator.html.  Even the short name is confusing because on their web homepage, it’s titled, “Cal/OSHA – Elevator Unit.”  But “DOSH-Elevator Unit HQS” is how Debra Tudor, Principal Engineer, signs off on her letters.
Speaking of letters, this blog entry is about the latest DOSH-Elevator Unit, Circular Letter.  The term “circular letter” does not refer to the circular/cylindrical receptacle off the corner of your desk but to the intent that the letter “circulate” amongst members of our industry in California.  The presumed official purpose of DOSH-Elevator Unit, Circular Letters is to clarify the Division’s application and enforcement of the State’s laws regarding conveyances, the elevator code, operating permits, letters of intent, etc.  If my count is accurate, I believe around 119 have been issued since 1970.  At least, that’s what shows up on their web page dedicated to Circular Letters:  http://www.dir.ca.gov/dosh/ertcrltr.html.  The more recent ones are available as downloads in PDF file format.
You might notice that there are a number of years where very few Circular Letters were written, which was during the period that Al Tafazoli was Principal Safety Engineer.  He wrote what I would say was a very good one on June 7, 2002, Circular Letter E-02-01.  It wisely informs the industry of a problem with a particular brand of electromechanical relay and the requirement by the Division that these malfunctioning relays be replaced.  Al’s only other Circular Letter was E-08-01, dated April 4, 2008 and it was to announce the adoption of ASME A17.1-2004.  Shortly before he left his position, I had a conversation with him about Circular Letters, specifically suggesting a few.  He told me that he didn’t have the authority to write Circular Letters as to do so was tantamount to writing code (words to that effect).  I countered that his predecessors had done it rather consistently going back to the 70s.  He said that that has changed and that the State’s lawyers had told him he couldn’t do it anymore, except to announce code adoptions, changes to the fees, etc.  Really?
Fortunately, Debra Tudor has resurrected the Circular Letter – either in defiance of the State’s lawyers or more likely, simply in the performance of her official duties.  I had a long lunch with Debbie at the 2009 NAEC United in Orlando elevator expo where she made it clear to me it was a new day at the Division.  I filled her ear with my observations and opinions of what was amiss and needed her attention.  I believe she is on the right track, although, change is difficult.  Circular Letters began to flow, along with a number of commitments – for many of which we are still waiting…
The most recent one is Circular Letter E-12-02 and has the subject:  Disabling of Conveyance Safety Devices.  This one is particularly interesting to me in that it doesn’t announce anything particularly new, no new codes or regulations.  It simply informs the industry of a problem, actually a problem that, frankly, all of us already know about.  Maybe the newbie sale representative hasn’t heard of the dangers of leaving a jumper on a safety circuit.  It’s the dirty little secret of our industry – and a very dangerous one.  Clearly this Circular Letter was prompted by the fairly recent death in Manhattan and possibly other incidents, as alluded to in the letter. 
So, what’s the purpose of Circular Letter E-12-02?  It’s pure Debbie Tudor, taking a stand that there are laws on the books and she’s going to enforce them – whatever it takes.  Good for Debbie, good for California!