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Businesses look for support against elevator regulations

By G. Michael Dobbs

Managing Editor



HOLYOKE Members of the Mayor's Industrial Development Advisory Committee (MIDAC) urged business owners to write letters of comment on the proposed freight elevator regulations, that could cost businesses tens of thousands of dollars.

MIDAC conducted its monthly meeting on Jan. 3. The subject of the freight elevator regulations had been discussed at the December meeting as well. During that meeting businesses were asked to consider attending a second public hearing on the new rules, but the Board of Elevator Regulations cancelled the meeting. Instead the Board has extended its acceptance of written comments until Feb.13.

The new regulations would affect businesses with a certain kind of freight elevator, Tom Hazen of Hazen Paper explained elevators driven by a hydraulic piston with a single bulkhead.

Hazen told the MIDAC group that there was no accident statistics to show these elevators pose a threat to the people who use them.

Specifically, the new regulations call for "all hydraulic cylinders buried in the ground that were installed without a safety bulkhead shall have a governor-operated safety or a plunger gripper installed by March 23, 2009."

In additions the Board is requiring anyone who would use a freight elevator to be licensed: "No person shall operate, and no owner, lessee, employer or his agent shall cause or permit any freight elevator exempt under Chapter 288 of the Acts of 1962 to be operated except by a person duly licensed for such service by the Commissioner of Public Safety."

Kathy Anderson, the head of economic development for Holyoke said that the licensing procedure includes sending each employee to training with a fee of $5,000 per person.

"This really is going to hurt people with these elevators," Anderson said.

Hazen said that businesses with elevators with a double bulkhead are exempt from the licensing procedure. He estimated there are at least 15 businesses in the city with the single bulkhead elevators.

"I think there are legitimate concerns about these elevators," Hazen said, "but there is no flexibility in the [Board's] approach."

Hazen also noted the Board is comprised of people whose business it is to sell and service elevators and does not have any representation from the business community.

Robert Rio, the vice president of government affairs of The Associated Industries of Massachusetts (AIM), sent a letter to the Board critical of the regulations the way the Board intends to implement them. Rio wrote there are 800 elevators statewide that are subject to the regulations and the cost for the upgrades range from several thousands of dollars to $100,000 per elevator.

Rio called upon the Board to create an exemption for elevators that only travel one floor; create separate regulatory requirements for elevators owned and operated by a company for use solely by employees and elevators owned by a landlord and used by various tenants; and eliminate the licensing requirements for all elevators and substitute on-the job training requirements, among other recommendations.

Business owners who are concerned about the regulations are asked to address their letters to Board of Elevator Regulations, Comment on regulations, One Ashburton Place, Room 1301, Boston, MA 02108.