Expired Certificate and a Door Reopening Complaint
A K-8 school has one hydraulic elevator. Its certificate of inspection expired two months ago. The business manager says the annual inspection was missed because of budget delays. Teachers report that the door sometimes reopens without obstruction. The building's maintenance worker has adjusted the door operator and says it is 'fine.' The principal asks a licensed elevator mechanic to 'do the annual inspection and put the new sticker on' during a service call. The mechanic is not a licensed elevator inspector. The mechanic finds the door reopening device misadjusted and a worn door gib. The school is open, and the elevator is used by a student in a wheelchair. The principal wants the elevator back in service the same day.
1. Can the mechanic perform the annual inspection and issue a certificate? What should the mechanic do about the expired certificate?
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No. Massachusetts separates the elevator mechanic license from the elevator inspector license. The mechanic may maintain and repair the elevator, but cannot perform the official annual inspection or issue a certificate. The mechanic should tell the principal in writing that the certificate is expired, that operation without a current certificate is a violation, and that a licensed inspector must be scheduled. Because the elevator is used by a wheelchair user and the door is malfunctioning, the mechanic should also evaluate whether the unit is safe to operate. If it is not, the mechanic should place it out of service and notify the AHJ.
2. How should the mechanic handle the door reopening problem and the maintenance worker's adjustment?
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The mechanic should not rely on the maintenance worker's adjustment. The door reopening device is a safety function: it must be tested at the prescribed force and dimensions, and a misadjusted device can either fail to reopen or reopen when not required. The worn gib can cause binding and false reopening. The mechanic should repair the door operator to the manufacturer's specifications, replace the gib, and test the door through its full cycle, including reopening with a test object and normal closing. The mechanic should document the correction and the test results.
3. What if the principal refuses to take the elevator out of service?
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If the principal refuses, the mechanic should document the refusal in writing, notify the AHJ, and, if authorized, place the elevator out of service. The mechanic must not return the unit to service or conceal the condition. The mechanic's obligation is to report the unsafe condition and the expired certificate, not to negotiate continued operation. The AHJ can order the unit removed from service.