39-8606. SCOPE — EXEMPTIONS. (a) The provisions of this chapter shall apply to all conveyances within the state of Idaho except the following or as provided in subsection (b) of this section:

(1) Conveyances located in private residences;

(2) Conveyances in federally owned facilities;

(3) Conveyances permanently removed from service or made effectively inoperative; and

(4) Conveyances erected temporarily for use only during construction work that are of such a design that they must be operated by a workman stationed at the hoisting machine.

(b) Conveyances erected before July 1, 2004, pursuant to section 39-8614(3), Idaho Code, are subject only to the requirements of the safety code for existing elevators and escalators (ASME A17.3). Such conveyances, however, shall also be exempted from any requirements of that ASME A17.3 requiring conveyances to be modified with upgrades or replacements that would fall within the definition of "modernization" as defined in section 39-8603, Idaho Code, or to be modified with additional safety features falling within the definition of "alteration" unless:

(1) The total cost of the modification is less than five thousand dollars ($5,000); or

(2) The conveyance is not situated in a privately owned business facility; or

(3) The facility in which the conveyance is located is being altered, as defined within the provisions and guidelines applicable to the Americans with disabilities act of 1990 and amendments thereto, provided that said alterations are significant in that they affect the accessibility of the majority of floor space on at least one (1) floor of the building.

History:

[39-8606, added 2004, ch. 359, sec. 1, p. 1069; am. 2012, ch. 42, sec. 1, p. 130.]