In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board, shall adopt reasonable rules:
Establishing safety standards applicable to the installation of elevators.
Establishing safety standards applicable to the alteration, repair or maintenance of elevators. The director may provide differing standards for elevators installed prior to July 1, 1961, and after July 1, 1961.
In adopting rules under subsection (1) of this section, the director shall consider:
Technological advances in the elevator industry.
The practicability of following the standards under consideration, if adopted.
The probability, extent and gravity of the injury to the public or property that would result from failure to follow the standards under consideration.
Safety standards followed, proposed or approved by responsible members of the elevator industry.
The sole purpose of subsection (1)(b) of this section is to provide reasonable safety for life and limb. In case of practical difficulty or unnecessary hardship, the director shall grant exceptions from the literal requirements or permit the use of other devices or methods than specified pursuant to subsection (1)(b) of this section when it is evident that reasonable safety is thereby secured.
Any owner, user or other person aggrieved by the application by the department of the minimum safety standards established by the director pursuant to subsection (1)(b) of this section may appeal in the same manner and for the same reasons as provided under ORS 460.155 (Appeals from adverse rulings of department). [1961 c.427 §§12,14,15; 1963 c.330 §4; 1973 c.528 §10; 1993 c.744 §109; 2005 c.616 §5; 2005 c.758 §27a; 2009 c.696 §8]