Administrative powers and duties

1. The executive director, under the direction of the board, shall administer conveyance laws, rules, and standards of this state adopted by the board. The conveyance requirements of the ASME codes, and applicable articles in locally adopted codes or State Building Code pertaining to conveyance equipment. Whenever any action is taken by the executive director to enforce the provisions of any sections contained in these regulations, the act must be done in the name of and on behalf of the state. 2. The board-adopted conveyance regulations may be modified or waived by special permission in particular cases when such modification or waiver is specifically permitted or in particular cases when an advancement in the technology makes such modification or waiver advisable in the best interest of the people of North Dakota. Such "special permission", in all cases, must be obtained from the executive director in writing before the commencement of the work. 3. Whenever the board is authorized or mandated by law to inspect a conveyance installation, the inspector may enter upon land for the purpose of conducting the inspection. Except in emergency circumstances, the inspector shall request permission from the property owner or agent before entering a dwelling, other building, or other place so enclosed as manifestly to exclude intruders. If the landowner refuses to give permission, the board may request the district court of the district containing the property for an order authorizing the inspector to enter the property to conduct the inspection. Emergency circumstances include situations presenting imminent danger to health, safety, or property. 4. The board shall establish fee schedules for permits, certificates, inspections, and tests required under this chapter. The fees must reflect the actual costs and expenses to operate this department and to conduct the duties as described in this chapter. 5. The board shall create testing and inspection forms that must be based on current and existing national and state elevator industry safety regulations.