KRS 198B.480: Report of inspection -- Hearing on construction plans and specifications -

- Findings and orders of department.

(1) Every inspector shall forward to the department a full report of each inspection

made of any passenger elevator or fixed guideway sys tem, showing the exact

condition of the elevator or fixed guideway system, and the inspector shall leave a

copy of the report at the elevator or fixed guideway system on the day the inspection

is completed.

(2) If any passenger elevator or fixed guideway s ystem requires certain changes or

repairs to make it reasonably safe to operate, recommendations shall be made by the

inspector upon his or her report and a copy of the report as approved by the

department shall be given to the owner or operator of the elevator or fixed guideway

system, and, unless appealed, upon compliance with the report and upon the

payment of the fees required by law, the department shall issue a certificate of

operation for a capacity not to exceed that named in the report of inspectio n. This

certificate shall be valid for one (1) year after the date of inspection.

(3) If construction plans or an application of specifications is not approved, the

department shall state in writing the necessary changes to obtain approval and the

owner or operator shall be given a copy of the necessary changes, and, unless

appealed, upon compliance by the owner or operator, the department shall approve

the plans or specifications and issue a permit for construction.

(4) Any owner or operator, within twenty (20) days from receipt of the copy of the

report or statement of changes in plans or specifications, may make written

application to the department upon forms to be furnished by the department for a

hearing on the report or the statement regarding changes in plans or specifications

as to whether the elevator or fixed guideway system in question is reasonably safe,

or whether the elevator or fixed guideway system, if constructed in accordance with

the plans and specifications, would be reasonably safe. The department shall

promptly consider the application and schedule a hearing to be conducted consistent

with the provisions of this section and KRS Chapter 13B.

(5) If it appears from the evidence presented at the hearing that the elevator or fixed

guideway system will be reasonably safe to operate without those changes or repairs

shown in the report or by making only a part or all of the changes, or if none or only

a part of all the changes in the plans or specifications are found necessary to make

the elevator reasonably safe, the department shall issue its final order accordingly. If

the final order requires changes or repairs to be made in the elevator or fixed

guideway system or changes in the plans or specifications of either, the department

shall, upon t he payment of the required fees, issue a certificate of operation when

the order has been executed or issue its approval of the plans or specifications. If the

final order of the department has been affirmed or modified by appeal on the

grounds of reasonab le safety considered by the department, then the department

shall, upon compliance with the final order and the payment of required fees, issue

the certificate of operation or issue its approval of the plans and specifications; but,

if the order of the dep artment has been vacated, the certificate of operation, upon

the payment of fees or approval of plans and specifications, shall be issued

immediately. No elevator or fixed guideway system shall be operated after being

inspected without bearing a conspicuou sly posted certificate of operation, except

pending a hearing on the issuance of the certificate.