Ch. 5

2003 LAWS OF MARYLAND

(II) EACH ELEVATOR SHALL BE EQUIPPED WITH STANDARD
HOISTWAY ENTRANCE PROTECTION, AND EACH PASSENGER ELEVATOR OF MORE
THAN 100 FEET PER MINUTE CONTRACT SPEED SHALL BE PROVIDED WITH CAR
DOORS OR GATES THAT MEET THE REQUIREMENTS OF THE SAFETY CODE.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION,
EACH ELEVATOR UNIT INSTALLED BEFORE JULY 1, 1955:

(I)      SHALL BE MAINTAINED IN A SAFE OPERATING CONDITION SO
AS NOT TO CREATE A SUBSTANTIAL PROBABILITY OF SERIOUS PHYSICAL HARM OR
DEATH; AND

(II)     IS SUBJECT TO INSPECTIONS AND TESTS AS REQUIRED.

(C)     ALTERATIONS AND RELOCATIONS.

(1)      FOR PURPOSES OF THIS SUBSECTION, AN ALTERATION OF AN
EXISTING ELEVATOR UNIT IS ANY CHANGE MADE TO IT OTHER THAN THE REPAIR OR
REPLACEMENT OF DAMAGED, WORN, OR BROKEN PARTS NECESSARY FOR NORMAL
OPERATION.

(2)      EACH ALTERATION OR RELOCATION OF AN ELEVATOR UNIT
INSTALLED AFTER JANUARY 1, 1975, SHALL MEET THE REQUIREMENTS OF THE
SAFETY CODE.

(D)     EXCEPTIONS.                                                           

ON WRITTEN REQUEST, THE COMMISSIONER MAY GRANT EXCEPTIONS FROM
THE LITERAL REQUIREMENTS OR ALLOW THE USE OF DEVICES OR METHODS OTHER
THAN THOSE SPECIFIED UNDER THE SAFETY CODE AND OTHER REGULATIONS
ADOPTED BY THE COMMISSIONER IF:

(1)      IT IS EVIDENT THAT THE EXCEPTION IS NECESSARY TO PREVENT
UNDUE HARDSHIP; OR

(2)      EXISTING CONDITIONS PREVENT PRACTICAL COMPLIANCE AND IN
THE OPINION OF THE COMMISSIONER REASONABLE SAFETY CAN BE SECURED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 89, § 49B(b)(9), (d), and (g).

Former Art. 89, § 49B(b)(7) and (8), which defined "new elevator" as an
elevator not classified as an existing elevator and "existing elevator" as an
elevator in which all work was completed prior to January 1, 1975,
respectively, are deleted as obsolete. The purpose of the former definitions
seemed to be to delineate the elevators to which the new standards
effective January 1, 1975, were applicable. The former definitions also
used the terms defined in a way other than the usual connotation of the
words and thus were potentially misleading and confusing.

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