BILL ANALYSIS S.B. 1044 By: Brown (Yarbrough) 5-16-95 Committee Report (Unamended) BACKGROUND In 1993, an elevator inspection bill passed the legislature with the support of building owners, elevator manufacturers, elevator maintenance companies, elevator inspectors, and elevator unions. Since its passage, a number of inequities and drafting errors in the bill have surfaced. PURPOSE S.B. 1044 amends the regulation and inspection of elevators, escalators, and related equipment; amends the licensing of elevator inspectors; provides acts that are considered offenses if committed. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Commission on Licensing and Regulation under SECTION 1 (Section 754.015(a)(4), Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 754B, Health and Safety Code, as follows: ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT Sec. 754.011. DEFINITIONS. Defines "ASME Code A17.1," "ASME Code A17.3," "board," "commission," "commissioner," "department," and "qualified historic building or facility." Redefines "related equipment." Sec. 754.012. ELEVATOR ADVISORY BOARD. Makes no changes. Sec. 754.013. BOARD DUTIES. Requires the elevator advisory board (board) to advise the commissioner of licensing and regulation (commissioner) on, among others, the adoption of standards for the installation, alteration, operation, and inspection of elevators, escalators, and related equipment (elevators) to protect public safety and to identify and correct potential hazards. Sec. 754.014. STANDARDS ADOPTED BY COMMISSIONER. (a) Makes a conforming change. (b) Prohibits the standards adopted by the commissioner from containing requirements additional to American Society of Mechanical Engineers Safety Code (ASME Code) A17.1 or ASME Code A17.3. (c) Requires the standards adopted by the commissioner to comply with installation requirements of the following, whichever is least restrictive: (1) ASME Code A17.1 in effect on the date of installation; or (2) an applicable municipal ordinance governing installation that was effective on the date of installation. (d) Requires that standards adopted must comply with the installation requirements of the 1994 ASME Code A17.3 that contains minimum safety standards for all elevators regardless of the date of installation. (e) Authorizes the commissioner, upon written request, to grant a delay for compliance until a specified time for compliance with applicable ASME Code A17.1 or the 1994 ASME Code A17.3 if compliance is not "readily achievable." (f) Requires the commissioner, upon written request, to grant a delay until September 1, 2005, for compliance with the requirements for door restrictors or fire fighter's service in the 1994 ASME Code A17.3 if the requirements were not included in the ASME Code A17.1 that was in effect on the date of installation of the elevator and the equipment was not installed by an owner of the elevator. (g) Authorizes the commissioner to grant a waiver of compliance with the applicable ASME Code A17.1 or the 1994 ASME Code A17.3 if the commissioner finds that the building in which the elevator is located is a qualified historical building or facility or the noncompliance is due to structural components of the building; and noncompliance will not constitute a significant threat to passenger safety. (h) Authorizes the commissioner to grant a waiver of compliance with firemen's service provisions of ASME Code A17.1 or 1994 ASME Code A17.3 in an elevator that exclusively serves a vehicle parking garage in a building that is used only for parking; is constructed of noncombustible materials; and is not greater than 75 feet in height. (i)Provides that this subchapter not applicable to elevators in grain silos, radio antennas, bridge towers, underground facilities, dams, power plants, and similar structures with limited use. (j) Authorizes the commissioner to charge reasonable fees set by the commission for an applicant for a waiver or delay. Authorizes a single application to contain all requests for waivers or delay in a building. Prohibits delays from being granted indefinitely. Delays to be granted for a specific time. (k) Provides that for purposes of this section, the date of installation is the date that the owner of the real property entered into a contract for the purchase of the elevators, or if that date cannot be established, the date of issuance of the municipal building permit under which the elevators were constructed; or if no municipal building permit was issued, the date the electrical consumption was commenced for the construction of the building in which the elevators were installed. Sec. 754.015. RULES. (a) Requires the commissioner, by rule, to provide for, the annual inspection and certification, once each calendar year, of elevators covered by standards adopted under this subchapter; and the form of the inspection report and certificate of compliance, rather than the form of the certificate of inspection. (b) Prohibits the commissioner, by rule, from requiring, among others, the inspection reports or certificates of compliance, rather than certificates of inspection, to be placed in locations other than one provided in Section 754.019(4). Sec. 754.016. INSPECTION REPORT AND CERTIFICATE OF COMPLIANCE. (a) Requires only one inspection report and one certificate of compliance, rather than only one certificate of inspection, for each building. Makes a conforming change. (b) Requires an inspection report to be dated, signed, and issued, by the inspector to the building owner and to be on forms designated by the commissioner. (c) Requires a certificate of compliance to be dated, signed, and issued by the commissioner to the building owner and to state that the elevators have been inspected by a certified inspector and found by the inspector to be in compliance except for any delays or waivers granted by the commissioner and stated in the certificate. Sec. 754.017. CERTIFIED INSPECTORS. (a) Requires an inspector to register with the Texas Department of Licensing and Regulation (department) and be certified as an ASME-OEI-1 inspector by an organization accredited by ASME. Deletes language relating to qualification requirements of an inspector. Requires any certification charges or fees, rather than accreditation or certification charges or fees, to be paid by the inspector. (b) Prohibits the commissioner from, by rule, prohibiting an ASME-QEI-1 certified inspector who is registered with the department from inspecting, rather than inspecting and certifying, an elevator. Provides that persons assisting an inspector in making an inspection need not be ASME-QEI-1 certified. (c) Authorizes the commissioner to charge a $15 fee, rather than $10, to inspectors, rather than certified inspectors, for registering with the department. Sec. 754.0171. INSPECTION FEE. Those inspecting equipment under this subchapter may not charge more than $65 per elevator cab or escalator for each inspection. Sec. 754.018. POWERS OF MUNICIPALITIES. Makes no changes. Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) Requires the owner of real property on which an elevator covered by this subchapter is located to have an elevator inspected by an ASME-QEI-1 certified inspector; obtain an inspection report, from the inspector, evidencing that all elevators in a building on real property were inspected in accordance with this subchapter and its rules; file with the commissioner a copy of each inspection report and a $20 filing fee, rather than $15, for each report, plus $5 for each elevator by the 60th day, rather than the 30th day, after the date the inspection is made; and display the inspection report at locations designated in Subdivision (4) until a certificate of compliance is issued by the commissioner. Makes a conforming and nonsubstantive changes. (b) Requires the owner, at the time of filing an inspection report with the commissioner, to submit to the commissioner verification that any deficiencies in the inspector's report have been remedied or that a bona fide contract to remedy the deficiencies has been entered into; or any application for delay or waiver of an applicable standard. (c) Requires the inspection to be made no later than 18 months after the previous calendar year's inspection. Prohibits this subsection from affecting the requirement that elevators be inspected at least once each calendar year. (d) Makes a conforming change. Redesignates existing Subsection (b). (e) Authorizes the commission to charge the owner of real property, on which the elevator is located, an additional $100 fee for late filing of the inspection report and the fee required by Subsection (a)(3). Redesignates existing Subsection (c). (f) Makes a conforming change. Redesignates existing Subsection (d). (g) Prohibits a fee from being charged or collected for a certificate of compliance, for a higher education institution. Redesignates existing Subsection (e). Sec. 754.020. DEPOSIT. Makes no change. Sec. 754.021. LIST OF INSPECTORS; PERSONNEL. Authorizes the commissioner to compile a list of ASME-OEI-1 certified inspectors who are registered with the commissioner, among other things. Sec. 754.022. NOTICE OF NONCOMPLIANCE. Makes no change. Sec. 754.023. New heading: INVESTIGATION AND INJUNCTION. (a) Authorizes the commissioner, if there is good cause for the commissioner to believe that an elevator is dangerous or an accident involving an elevator occurred causing serious property damage or bodily injury, to enter property during regular businesses hours after notice to the owner, operator, or person in charge of the property to inspect the elevator or investigate the accident, at no cost to the owner. (b) Authorizes the commissioner to enter real property during the regular business hours after notice to the owner, operator, or person in charge of the property for purposes of verifying, at no cost to the owner, whether an inspection report or certificate of compliance has been displayed as required. (c) Authorizes the commissioner to suspend, deny, or revoke the registration of any ASME-OEI-1 certified inspectors for obtaining registration from the commissioner through false representation or fraud; falsifying an inspection report; or violating this subchapter or any rule of the commissioner. Sec. 754.024. CRIMINAL PENALTY. (a) a person commits an offense if the person receives a notice of noncompliance under Section 754.022, and within 60 days after receiving the notice, the person has neither remedied the noncompliance or entered into a bona fide contract to remedy noncompliance. (b)-(c) Provides that an offense under this section is a Class C misdemeanor, and each day of an offense constitutes a separate offense. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 1044 was considered in a Formal Meeting on May 16, 1995. The Chair laid out SB 1044, and recognized Rep. Yarbrough to explain the bill. There was no objection. Rep. Yarbrough moved that the full committee adopt SB 1044, and that it be reported favorably to the full House with the recommendation that it do pass and be printed, and placed on the Local and Consent Calendar. The motion prevailed by the following vote: AYES: 7, NAYS: 0, ABSENT: 2.