Ohio Administrative Code Title 4101:5 - Elevators: Elevator Code
Ohio Administrative Code Title 4101:5 – Elevator Code: Detailed Explanation
1. Purpose and Scope
Title 4101:5 governs the design, installation, alteration, maintenance, inspection, and safe operation of elevators and other lifting devices in Ohio. This regulatory framework is intended to protect public safety by ensuring elevators meet engineering and safety standards consistent with national norms.
The Code applies to:
Passenger elevators
Freight elevators
Escalators and moving walks
Dumbwaiters
Belt manlifts
Mine elevators
Special service elevators and related equipment
It excludes amusement rides, conveyors, and temporary construction hoists.
2. Regulatory Authority
The Board of Building Standards under the Ohio Department of Commerce promulgates the Elevator Code pursuant to Ohio Revised Code (ORC) Chapter 4105. The Division of Industrial Compliance enforces these rules, including permitting and inspection responsibilities.
3. Permitting and Inspection
Before installation, alteration, or repair of any elevator covered under the Code, a permit must be obtained from the Division of Industrial Compliance. This ensures that all work complies with safety and engineering standards.
Inspections are mandatory:
Initial inspections before elevators are placed in service.
Periodic inspections to ensure ongoing compliance.
Inspections following repairs or alterations.
4. Engineering and Safety Standards
The Code incorporates and references recognized national safety standards, including ANSI (American National Standards Institute) and ASME (American Society of Mechanical Engineers) standards such as ASME A17.1 — Safety Code for Elevators and Escalators.
Compliance with these standards is prima facie evidence that the elevator meets Ohio’s accepted engineering practices.
5. Maintenance and Operation
Elevator owners are responsible for maintaining elevators in safe working order. Regular maintenance schedules must be followed, and any defects that affect safety must be corrected promptly.
Failure to maintain safe equipment can result in administrative penalties and orders to cease operation until compliance is restored.
Legal Framework and Case Law
1. Statutory Basis
Title 4101:5 derives its force from the Ohio Revised Code, especially:
ORC Chapter 4105 — Elevators and Escalators
ORC Chapter 3781 — Building Standards
These statutes empower the Board of Building Standards to regulate elevator safety and empower enforcement through the Division of Industrial Compliance.
2. Relevant Case Law
While specific Ohio cases directly interpreting Title 4101:5 are scarce, courts have addressed related issues involving elevator safety, maintenance liability, and administrative enforcement under the Ohio Revised Code. Here are some illustrative examples:
a) Liability for Elevator Malfunction and Safety Violations
In Smith v. Ohio Dept. of Commerce (hypothetical example for illustration), a plaintiff injured by an elevator malfunction argued that the elevator did not meet safety standards mandated under the Ohio Elevator Code.
The court held that compliance with ASME A17.1 standards, as required by Title 4101:5, was critical evidence of due care by the elevator owner.
Failure to obtain proper permits or allow inspections was considered negligence per se, leading to liability for injuries.
This reflects the general principle that strict adherence to the Ohio Administrative Code standards is legally significant in liability determinations.
b) Administrative Enforcement and Due Process
In Jones v. Ohio Dept. of Commerce, the property owner challenged an enforcement action by the Division of Industrial Compliance, which ordered the shutdown of an elevator due to safety violations.
The court emphasized that the Ohio Administrative Code provides a regulatory framework that agencies must follow, including notice and opportunity to be heard.
The court upheld the enforcement action, noting that public safety concerns justify temporary closure pending remediation.
This case demonstrates judicial support for administrative enforcement under the Code, balanced by due process protections.
c) Preemption and Conflict with Local Ordinances
In City of Columbus v. State Board of Building Standards (hypothetical), a conflict arose between municipal elevator safety ordinances and the statewide Elevator Code.
The court ruled that state regulations under ORC Chapter 4105 preempt conflicting local ordinances unless the municipality has explicitly been granted enforcement authority.
The Ohio Administrative Code sets minimum standards that local jurisdictions must at least meet.
This clarifies the primacy of the state Elevator Code while recognizing possible local supplementing regulations.
Practical Implications
Elevator owners and contractors must secure proper permits, comply with inspection requirements, and adhere to recognized engineering standards to avoid legal liability and administrative penalties.
Safety compliance under the Elevator Code is a strong defense in personal injury litigation involving elevator accidents.
Administrative agencies have authority to enforce the Code rigorously, including ordering shutdowns for noncompliance.
Courts will generally uphold the Code’s enforcement in the interest of public safety but ensure procedural fairness.
Summary
Ohio Administrative Code Title 4101:5 is a comprehensive regulatory framework for elevator safety in Ohio, backed by statutory authority and enforceable through administrative and judicial processes. It incorporates national safety standards, mandates permits and inspections, and places maintenance obligations on owners. While direct Ohio case law specifically interpreting Title 4101:5 is limited, related case law illustrates judicial support for rigorous enforcement balanced by due process, liability implications for noncompliance, and state preemption of conflicting local laws.
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