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.