Elevator Safety Board Meeting Minutes May 30, 2018



Meeting Minutes

May 30, 2018

I.            Call to order

Chairperson Kris Kesterson called the meeting to order at 9:01 a.m. in the conference room at 150 Des Moines Street, Des Moines, Iowa.

II.           Roll call

Members present:       Kris Kesterson, Amy Infelt (via phone), Wayne Sims (via phone), Justin Carleton, Kerry Dixon, Kathleen Uehling, Craig Clabaugh​​​​​​​, Marvin Schumacher and Assistant Attorney General I, also attended.

Member absent: Peggy VandenBerg​​​​​​​​​​​​​​, Mr. Alan Nagel,

III.         Approval of agenda

Mr. Schumacher moved to approve the agenda and Ms. Dixon seconded the motion. The Board approved it unanimously.

IV.        Approval of minutes from April 24, 2018

Ms. Dixon moved to approve the April 24, 2018 minutes. Mr. Schumacher seconded the motion and the board approved it unanimously.

The board members welcomed Mr. Craig Clabaugh to the elevator board.

V.         Items for Action

  1. Variance petition concerning clearances and a sump pump at the Central Presbyterian Church in Des Moines (E2018-190)

Mr. Tom Clause from the Building and Grounds Committee for Central Presbyterian Church spoke to the board regarding the variance request. 

The church has a 1961 hydraulic, three-stop elevator. Some repairs are required by A17.3.  Beyond what is required, the church is planning modernization and upgrades including the pump, controllers, and doors. The total cost of the renovation would be $75,000.  Mr. Clause provided a 3D presentation to the board of the proposed work to be completed by summer of 2019.

Ms. Dixon moved to approve the variance with the following conditions:

  1. Wire mesh enclosure as proposed by applicant will not be installed.
  2. Mechanical room lighting increased to 19 foot candles in the vicinity of the elevator equipment.
  3. Smoke detectors in the machine room and hallways shall be connected to building system and connected to elevator equipment to activate Phase I fire/emergency service.
  4. Wood trim around the mechanical room window shall be removed.
  5. Demarcation striping shall be applied to HVAC duct near elevator equipment.
  6. Elevator controller cabinet shall be provided with a Group one security lock.
  7. A 10 ABC fire extinguisher shall be located in the mechanical room.
  8. The mechanical room access door shall be marked on the outside with signs stating “Warning- Authorized Personnel Only” and “Caution- Low Overhead.” Letters shall be no less than 1 inch in height on contrasting background.
  9. Repairs on this elevator must by complete by July 1, 2019, otherwise, the variance shall be vacated.

Mr. Clabaugh seconded the motion and it was approved unanimously.

  1. Variance petition concerning the gate on a dumbwaiter at Joseph’s Jewelers in West Des Moines (E2018-191)

Mr. Toby Joseph, Joseph’s Jewelers, presented the variance request to the board. 

Joseph’s Jewelers has a dumbwaiter that runs from the first floor sales to the basement to transport packages for wrapping.

There is a gate on the dumbwaiter.  The gate has to be down and the door closed for the unit to operate. The gate will not open while it is in operation but it does not comply with the current code.  The manufacturer was consulted and they cannot change the gate.  The owner would have to buy a new dumbwaiter and make additional changes that would cost $25,000. 

Ms. Uehling moved to approve the variance due to the hardship involved with replacing the gate.

Ms. Dixon seconded the motion. The board unanimously approved the motion.

Mr. Joseph thanked the board, Mr. Jim Borwey and Mr. Jim Baedke.

  1. Rule changes published in the April 11, 2018, Iowa Administrative Bulletin as ARC 3727C

Ms. Uehling reviewed the items in the rule changes.

Ms. Uehling noted the public comments that were received electronically from Mr. Gary Briggs, Briggs Consulting and Mr. Kevin Brinkman from NEII.  Mr. Brinkman attended this meeting via conference call to reiterate his opposition to a portion of the rule changes.  Mr. Carleton opposed items 9, 12 and 17.

Ms. Kesterson responded to Mr. Briggs’ written comment that she should recuse herself from voting on a proposed rule because her spouse owns an electrical company. Ms. Kesterson clarified that he does not own the company and he would not profit from the rule. Ms. Dixon added that she was offended by Mr. Briggs’ claim that Ms. Kesterson has a conflict of interest. Labor Commissioner Mauro also defended Ms. Kesterson’s participation and propriety. He offered to meet with Mr. Briggs if any discussion is needed. 

Ms. Amy Infelt joined the meeting at 9:40 a.m. via conference call.

The board discussed the proposed item that would requiring more lighting in hoistways.  Ms. Uehling noted that since the introduction of machine room-less elevators lighting has become a bigger issue.  Mr. Carleton disagreed with the rule and suggested that the board wait for NEII to adopt their rules.

Mr. Sims left the meeting via conference call at 10:00 a.m.

Mr. Carleton moved to strike items 9, 12 and 17 from the rules.  Mr. Schumacher seconded the motion.  Mr. Schumacher, Mr. Carleton, Ms. Infelt and Mr. Clabaugh voted “aye.” Ms. Dixon, Ms. Kesterson and Ms. Uehling voted “nay.”  The motion passed with a vote of 4 to 3.

Ms. Dixon made a motion to adopt the remaining rules and grant authority to perfect the wording for clarity and accuracy.  Mr. Clabaugh seconded the motion and the board approved unanimously.

A subcommittee of Ms. Uehling, Mr. Borwey, Ms. Kesterson, Ms. Dixon and Mr. Carleton was formed to discuss hoistway lighting and conduit.

VI.        Division of Labor Report

Mr. Jim Borwey, announced the hiring of a new inspector, Mike Cardamon, who will cover southern Iowa and the Des Moines area.  There are two vacancies that are currently posted.

VII.       Communications

Mr. Ed Allen withdrew his variance application (E2017-182) regarding The Lexington Apartments.

The comments from Mr. Gary Briggs regarding the hoistway lighting were mentioned earlier in the meeting.

VIII.      Next meeting dates

  • Thursday, July 12, 2018 at 9:00 a.m., 150 Des Moines Street

  • Thursday, August 30, 2018 at 9:00 a.m. 150 Des Moines Street

IX.        Next meeting agenda

Report by the subcommittee on hoistway lighting and conduit

X.         Public comments 

Mr. Jeremy Musil asked if the Division of Labor can provide the phone numbers of the state inspectors. Mr. Borwey stated that he may contact our office and obtain those numbers.

XI.        Adjournment

Mr. Schumacher moved to adjourn the meeting. The board approved.  The meeting adjourned at 10:16 a.m.

Respectfully submitted,

Ms. Kathleen Uehling, Secretary