Stairlifts in California: the Labor Code home exemption

California is one of the few states whose conveyance law mentions stairway chairlifts by name, right in the chapter heading. That naturally worries families planning one for a house: will the state need to inspect it, and does someone need a special license to put it in?

For a single-family home that is not open to the public, the Labor Code exempts the lift from the chapter. A two-unit building is treated a little differently, and your city or county building department still enforces the building code at home. Here is how the pieces fit.

What the Labor Code says about home chairlifts

Chapter 2 of the Labor Code conveyance law is titled "Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances." Its stated purpose is "to promote public safety awareness and to assure, to the extent feasible, the safety of the public and of workers with respect to conveyances covered by this chapter" (Labor Code 7300(a)). The definitions in Labor Code 7300.1(i) include "stairway chairlift" in the meaning of "conveyance."

The exemption comes in Labor Code 7317(a), which lists conveyances "exempt from this chapter," among them "(2) Conveyances located in a single-unit private home and not accessible to the public" and "(3) Conveyances located in a multiunit residential building serving no more than two dwelling units and not accessible to the public." There is one catch for the two-unit case: under 7317(b), those conveyances "shall be inspected by the division upon completion of installation prior to being placed in service or after major alterations." A duplex owner should plan for that single state inspection.

The Division of Occupational Safety and Health (Cal/OSHA) says the same in its own words on the Elevator Unit page: "The Elevator Safety Orders generally do not apply to elevators in single-unit private homes. (Labor Code Section 7317)." Where those orders do apply, the Cal/OSHA FAQ states that "only a Certified Competent Conveyance Mechanic working for a Certified Qualified Conveyance Company is authorized to perform any maintenance, repairs, alterations, or replacements on any conveyance subject to those orders." That rule matters for a lift in a church, an office or a larger apartment building.

Your local building department at home

Leaving the state conveyance program does not leave the building code behind. Health and Safety Code 17960 provides that "The building department of every city or county shall enforce within its jurisdiction all the provisions published in the State Building Standards Code" for work on "apartment houses, hotels, or dwellings." Whether your city wants an electrical or building permit for a stairlift is its decision, and practices differ, so ask before the installation date is set.

From the foggy coast to the desert

NOAA's California climate summary describes a state of contrasts: "coastal locations experience mild year-round temperatures, while inland locations experience a wider range of temperatures," and "The deserts in the south are some of the Nation's hottest and driest areas, while higher elevations can experience low temperatures and heavy snowfall." Annual average temperatures run from "less than 40°F at the highest mountain elevations" to "greater than 70°F in the southeast."

For most California stairlifts the climate barely matters, because the lift lives indoors. It matters a great deal for outside steps: a desert patio stair in summer sun and a mountain cabin stair under snow ask very different things of an outdoor rail. NOAA also notes that temperatures have "risen almost 3°F since the beginning of the 20th century," so planning for heat on an exposed stair is sensible.

Lifts that fit California homes

Narrow straight stairs, long straight runs, outdoor steps and curved staircases each suit a different lift. These four cover those cases:

• Harmar Pinnacle SL300: folded, it sits 11 in from the wall, and its rail mounts 1 in from the wall. It carries 300 lb, and its batteries allow up to 60 trips during a power outage. Worth a look for a narrow straight stair.
• Harmar Pinnacle SL600: just 10.5 in wide with seat and footrest folded, with track from 15 ft 6 in up to 70 ft, so it suits long straight runs. Capacity is 350 lb.
• Bruno Outdoor Elite SRE-2010E: built for outdoor steps with marine-grade components and designed for 0°F to 125°F, carrying 400 lb. A fit for porch or patio steps.
• Harmar Helix: custom-made for one curved staircase on a True-Curve rail, rated for 350 lb on inclines up to 58°, with a swivel seat at the upper landing. Harmar rates it commercial and residential, which helps where a lift may serve a shared building.

Ability Tools, California's AT program

Ability Tools is "California's Assistive Technology Act Program." The Department of Rehabilitation operates it in partnership with the California Foundation for Independent Living Centers, and says "There are 12 Device Lending Libraries across the state which have AT devices for people to borrow for 30 days or more," plus an AT Exchange for used equipment (DOR). The AT3 Center also lists device demonstrations and the FreedomTech Financial Loan Program.

Ordering and delivery to California

We work with a team of credentialed local specialists to guarantee timely, safe, and optimal delivery and installation. We ship to the lower 48 states and DC; shipping is free on orders over $500 ($15 under $500), and we cover the sales tax on every order. Most products are processed in 2-5 business days; some brands differ. More on our California shipping page. To match a model to your stairs, try the stairlift fit check.

Questions about stairlifts in California

Does California inspect stairlifts in private homes?

Not in a single-family home closed to the public. Labor Code 7317(a)(2) exempts "Conveyances located in a single-unit private home and not accessible to the public," and Cal/OSHA says the Elevator Safety Orders "generally do not apply" there. Your city or county building department may still require a local permit, so check with it first.

What about a stairlift in a duplex?

A building serving no more than two dwelling units and not open to the public is also exempt under Labor Code 7317(a)(3), but 7317(b) says such conveyances "shall be inspected by the division upon completion of installation prior to being placed in service or after major alterations." Plan for that one inspection before the lift is used.

Who can work on a chairlift in a California church or office?

Where the Elevator Safety Orders apply, Cal/OSHA says "only a Certified Competent Conveyance Mechanic working for a Certified Qualified Conveyance Company" may perform maintenance, repairs, alterations or replacements. A lift in a building open to the public is not covered by the private-home exemption, so expect the state program to apply.

Can we borrow a stairlift or other equipment first?

Ability Tools, California's AT program, has 12 Device Lending Libraries where people can borrow devices for 30 days or more, along with an AT Exchange for used equipment. A stairlift is fixed to the stairs, so loans are more useful for related equipment, but staff can help you compare options and funding, including the FreedomTech Financial Loan Program.

Look through the stairlift collection, answer a few questions in the stairlift fit check, or start the full assessment. Questions? Email us at info@faithmobility.com.

Sources

• California Labor Code 7300
• California Labor Code 7300.1
• California Labor Code 7317
• Cal/OSHA Elevator Unit
• Cal/OSHA Elevator Unit FAQ
• California Health and Safety Code 17960
• NOAA NCEI State Climate Summaries: California
• Ability Tools
• California Department of Rehabilitation: Assistive Technology
• AT3 Center: California
• Harmar Pinnacle SL300 product page
• Harmar Pinnacle SL600 product page
• Bruno Outdoor Elite SRE-2010E product page
• Harmar Helix product page