Statutory Right of Way – Access and Egress to Machine Room and Hoistway Through Private Landing

Background

This bulletin is issued to property owners, managers, and licensed elevating devices contractors outlining the requirements for provision of access and egress to machine rooms, machinery spaces, control rooms and spaces, and hoistway entrances of elevating devices.

Section 37 of the Elevating Devices Safety Regulation (EDSR s.37) prohibits access and egress to the machine room or hoistway entrance of an elevating device through a private suite or washroom.

The intent of the EDSR s.37 is to ensure unobstructed access for maintenance, repair, inspection, and emergency services related to elevators, including all associated spaces (i.e., machine rooms, machinery spaces, control rooms, control spaces, and hoistway entrances). With modern elevators, machinery and control spaces are considered equivalent to machine/control rooms and are critical for maintenance and service, testing, inspection, or emergency evacuation.

General Details

Under the EDSR s.37, elevators are prohibited from opening directly onto private suites/landings. When a variance to the EDSR s.37 is requested, it must be shown that the proposed alternative provides equivalent safety.

If a variance to the EDSR s.37 prohibition is granted, elevator maintenance and inspection then become dependent on the owner of the personal suite giving permission for access. Right-of-ways are easements that allow a person to travel or pass through another person’s land. A statutory right-of-way (easement) registered on the property title ensures that Technical Safety BC can gain legal access.

When a variance to the EDSR s.37 is granted, safety equivalency must include the registration of a statutory right-of-way (SRW) in favor of Technical Safety BC by the owner of the private suite.

Notes:

• Variances to the EDSR s.37 will only be granted in limited and exceptional circumstances, where no other design alternative is feasible. Additional terms and conditions may also be required for a variance to be granted. Variances are exceptions and are not intended to normalize non-compliant designs.
• Variances to the EDSR s.37 will only be granted in the circumstances described below. Where access to a machine/control room or space is through private property, a statutory right of way does not provide adequate safety equivalency, and a variance will not be granted.
• Submitting a variance application does not guarantee its approval.

Specific Details:

1. Hoistway entrances opening onto a private landing or suite: In buildings where hoistway entrances are located within private suites (i.e., elevator opens directly onto private suites or private vestibules), a variance to the EDSR s.37 may be granted if a statutory right-of-way is registered in favor of Technical Safety BC allowing access to landings within private suites. This is strictly limited to cases where no compliant alternative design is feasible.
   In cases where there is an elevator controller at the private landing, refer to item (3).
2. Access to machine/control room through a private landing or suite: Variances will not be granted where access to a machine room or a control room is through a private suite or washroom, even if a statutory right of way is registered in favor of Technical Safety BC.
3. Access to machinery/control space through a private landing, suite, or vestibule: Variances will not be granted where access to machinery or control space is through a private suite (e.g. the controller is located on private land). For example, machine room-less (MRL) units with controllers located in the elevator door jamb on a private landing are not eligible for a variance.

Additionally, access through a vestibule within a private suite will not be allowed, even if the vestibule is separated by a locking door. A vestibule must be common property to allow maintenance and inspection without entering private property.

Notes for property owners:

• Location of vestibules: Vestibules for elevator access shall be situated on common property/landings, and not on private property.
• Continuous compliance requirement: The EDSR s.21(1) requires owners to ensure that all new and existing elevating devices are operated in accordance with this regulation and the manufacturer's specifications. Therefore, owners are responsible for compliance with the EDSR s.37 at all times.
• Application transparency: Owners must provide accurate information (declare if access to the spaces mentioned above is through/on a private suite/landing) when applying for installation, alteration, or operating permits.
• Unobstructed stairway access: Under any variance to the EDSR s.37, stairway access from the landing must remain permanent and unobstructed at all times (refer to section 7.3 of the ASME A17.1/CSA B44 Code for details).
• Code requirements for unrestricted egress to landings, suites and vestibules: A variance to the EDSR s.37 does not exempt buildings from meeting requirement 2.11.6.3 of the ASME A17.1/CSA B44 Code, which mandates unrestricted egress once the elevator car and hoistway doors are open. Placing a locked door in front of the elevator door, when there is no common-area landing, is non-compliant. These scenarios may require a SRW covering the entire suite to ensure compliance.

Documentation

Refer to the attached guides for information on the legal and technical requirements for a statutory right-of-way variance and how to grant such a right to Technical Safety BC.

Definitions from ASME A17/CSA B44 Code

Machine room / control room: An enclosed area located outside the hoistway that houses the machines or the motor controller. It is designed for full bodily entry.

Machinery space / control space: An area, located either inside or outside the hoistway that contains the machine or the motor controller. It is designed for access with or without full bodily entry. A control room/space cannot contain an electric driving machine or a hydraulic machine.

A machinery space or control space can either be within the hoistway, remote, or attached to the outside perimeter or surface of the walls, ceiling, or floor of the hoistway.

Nav Chahal 
Provincial Safety Manager, Transportation 

References: 
Safety Standards Act
Elevating Devices Safety Regulation
Safety Standards General Regulation

Appendices:
Form C and the SRW Schedule
Guide I: Grant Statutory Right of Way (Legal Component)
Guide II: Request for Variance (Technical Component)