8 AAC 77.110. Remedy of violations

(a) If a notice of violation is issued under 8 AAC 77.105, the period of time within which violations of the applicable safety standards must be remedied is determined as follows:

(1) if a violation poses no more than a remote danger to a person's physical safety in the near future, the violation must be remedied within a period of time determined by the inspector after consultation with the owner and the person maintaining or servicing the elevator;

(2) if a violation poses a present danger to a person's physical safety,

(A) the violation must be remedied within 15 days after receipt of the written notice of the violation; and

(B) the inspector shall post a notice on or near the accesses to the elevator warning that the elevator poses a threat of physical harm;

(3) if a violation poses an imminent danger to a person's physical safety,

(A) the violation must be remedied immediately;

(B) the owner shall close and cease further use of the elevator until the violation is remedied to the satisfaction of the department; and

(C) the inspector shall post a notice on or near the accesses to the elevator warning that the elevator poses a threat of physical harm, and shall serve upon the owner a cease and desist order.

(b) If a violation is not or cannot be remedied within the period of time prescribed under (a)(2) of this section, the owner shall close and cease further use of the elevator until the violation is remedied to the satisfaction of the department. If an owner refuses or fails to close and cease the use of the elevator, the inspector shall post a notice on or near accesses to the elevator warning that the elevator poses a threat of physical harm and will serve upon the owner a cease and desist order.

(c) An owner may request from the inspector an extension of time to remedy a violation. The inspector shall grant an extension if the owner demonstrates to the inspector's satisfaction that the condition violated poses no more than a remote threat of physical harm occurring within the period of the requested extension, or if the owner has undertaken temporary remedies that the inspector considers to have substantially reduced the threat of physical harm occurring within the period of the requested extension.

History: Eff. 10/21/79, Register 72; am 12/17/99, Register 152

Authority: AS 18.60.800

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