BILL ANALYSIS
C.S.S.B. 1044
By: Brown
Economic Development
04-11-95
Committee Report (Substituted)
BACKGROUND
In 1993, an agreed 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
As proposed, C.S.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. Deletes existing Subsection (b)
requiring the commissioner to adopt standards for certain
elevators.
(b) Prohibits the standards adopted by the commissioner from
containing requirements additional to American Society of
Mechanical Engineers Safety Code for Elevators and
Escalators (ASME Code) A17.1 or ASME Code A17.3. Requires
the standards adopted by the commissioner to provide certain
safety standards:
(1) Requires elevators to comply with the installation
requirements of either the ASME Code A17.1 that was
effective on the date of installation; or an applicable
municipal ordinance governing installation that was
effective on the date of installation. Requires the
standards to require compliance with the least restrictive
of paragraphs (A) and (B).
(2) Requires elevators to 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.
(3) Requires elevators to comply with Subdivisions (1) and
(2) except for delays or waivers granted by the
commissioner under Subsection (c) or (d).
(c) 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."
Defines "readily achievable." 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. Deletes existing subsection.
(d) 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.
(e) 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.
(f) Requires the commissioner, upon written request, to
grant a waiver of compliance for elevators in grain silos,
radio antennas, bridge towers, underground facilities, dams,
power plants, and similar structures with limited use,
permanently installed in structures and locations to provide
vertical transportation of authorized personnel and their
tools and equipment only.
(g) 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. Requires delays be
granted to a certain time.
(h) 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, among others, 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. New heading: 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. Deletes language
requiring the certificates of inspection to contain certain
information.
(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. 754.018. 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, but
not certified by an ASME-QEI-1 certified inspector; obtain an
inspection report, rather than a certificate of inspection,
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; display the certificate of compliance,
rather than the certificate of inspection, issued by the
commissioner on the basis of the inspection report; 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
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, rather than a certificate of
inspection, 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) and (d) Redesignate existing Subsections (a) and (b).
(e) 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) Provides that a person
commits an offense if the person commits certain acts.
Deletes language providing that 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.