74R10782 E
By Yarbrough H.B. No. 2693
Substitute the following for H.B. No. 2693:
By Jones of Lubbock C.S.H.B. No. 2693
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to elevator inspections; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 754, Health and Safety
1-5 Code, is amended to read as follows:
1-6 SUBCHAPTER B. INSPECTION AND CERTIFICATION
1-7 Sec. 754.011. Definitions. In this subchapter:
1-8 (1) "ASME Code A17.1" means the American Society of
1-9 Mechanical Engineers Safety Code for Elevators and Escalators
1-10 A17.1.
1-11 (2) "ASME Code A17.3" means the American Society of
1-12 Mechanical Engineers Safety Code for Elevators and Escalators
1-13 A17.3.
1-14 (3) <(1)> "Board" means the elevator advisory board.
1-15 (4) "Commission" means the Texas Commission of
1-16 Licensing and Regulation.
1-17 (5) <(2)> "Commissioner" means the commissioner of
1-18 licensing and regulation.
1-19 (6) "Department" means the Texas Department of
1-20 Licensing and Regulation.
1-21 (7) "Qualified historic building or facility" means a
1-22 building or facility that is:
1-23 (A) listed in or eligible for listing in the
2-1 National Register of Historic Places; or
2-2 (B) designated as a Recorded Texas Historic
2-3 Landmark or State Archeological Landmark.
2-4 (8) <(3)> "Related equipment" means automatic
2-5 equipment that is used to move a person in a manner that is similar
2-6 to that of an elevator or escalator and includes a <dumbwaiter,
2-7 manlift, and> moving sidewalk.
2-8 Sec. 754.012. Elevator Advisory Board. (a) The elevator
2-9 advisory board is composed of nine members appointed by the
2-10 commissioner as follows:
2-11 (1) a representative of the insurance industry or a
2-12 certified elevator inspector;
2-13 (2) a representative of elevator, escalator, and
2-14 related equipment constructors;
2-15 (3) a representative of owners or managers of
2-16 buildings having fewer than six stories and having an elevator, an
2-17 escalator, or related equipment;
2-18 (4) a representative of owners or managers of
2-19 buildings having six stories or more and having an elevator, an
2-20 escalator, or related equipment;
2-21 (5) a representative of independent elevator,
2-22 escalator, and related equipment maintenance companies;
2-23 (6) a representative of elevator, escalator, and
2-24 related equipment manufacturers;
2-25 (7) a representative of professional engineers or
3-1 architects;
3-2 (8) a public member; and
3-3 (9) a public member with a physical disability.
3-4 (b) Board members serve at the will of the commissioner.
3-5 (c) The commissioner shall appoint a presiding officer of
3-6 the board.
3-7 (d) The board shall meet at least twice each calendar year.
3-8 (e) A board member serves without compensation but is
3-9 entitled to reimbursement for travel and other necessary expenses
3-10 incurred in performing duties under this subchapter.
3-11 Sec. 754.013. Board Duties. To protect public safety and to
3-12 identify and correct potential hazards, the board shall advise the
3-13 commissioner on:
3-14 (1) the adoption of appropriate standards for the
3-15 installation, alteration, <and> operation, and inspection of
3-16 elevators, escalators, and related equipment;
3-17 (2) the status of elevators, escalators, and related
3-18 equipment used by the public in this state; and
3-19 (3) any other matter considered relevant by the
3-20 commissioner.
3-21 Sec. 754.014. Standards Adopted by Commissioner. (a) The
3-22 commissioner shall adopt standards for the installation,
3-23 alteration, <and> operation, and inspection of elevators,
3-24 escalators, and related equipment used by the public in:
3-25 (1) buildings owned or operated by the state, a
4-1 state-owned institution or agency, or a political subdivision of
4-2 the state; and
4-3 (2) buildings that contain an elevator, an escalator,
4-4 or related equipment that the public is generally invited to use,
4-5 including a hotel, motel, apartment house, boardinghouse, church,
4-6 office building, shopping center, or other commercial
4-7 establishment.
4-8 (b) Standards adopted by the commissioner may not contain
4-9 requirements in addition to the requirements in the ASME Code A17.1
4-10 or ASME Code A17.3.
4-11 (c) Standards adopted by the commissioner must require
4-12 elevators, escalators, and related equipment to comply with the
4-13 installation requirements of the following, whichever is the least
4-14 restrictive:
4-15 (1) the ASME Code A17.1 that was in effect on the date
4-16 of installation of the elevators, escalators, and related
4-17 equipment; or
4-18 (2) an applicable municipal ordinance governing the
4-19 installation of elevators, escalators, and related equipment that
4-20 was in effect on the date of installation.
4-21 (d) Standards adopted by the commissioner must require
4-22 elevators, escalators, and related equipment to comply with the
4-23 installation requirements of the 1994 ASME Code A17.3 that contains
4-24 minimum safety standards for all elevators, escalators, and related
4-25 equipment, regardless of the date of installation.
5-1 (e) On written request, the commissioner may grant a delay
5-2 for compliance with the applicable ASME Code A17.1 or the 1994 ASME
5-3 Code A17.3 until a specified time if compliance is not readily
5-4 achievable, as that phrase is defined in the Americans with
5-5 Disabilities Act (42 U.S.C. Section 12101 et seq.), or regulations
5-6 adopted under that Act.
5-7 (f) On written request, the commissioner shall grant a delay
5-8 until September 1, 2005, for compliance with the requirements for
5-9 door restrictors or firefighter's service in the 1994 ASME Code
5-10 A17.3 if those requirements were not included in the ASME Code
5-11 A17.1 that was in effect on the date of installation of the
5-12 elevator, escalator, or related equipment and that equipment was
5-13 not subsequently installed by an owner of the elevator, escalator,
5-14 or related equipment.
5-15 (g) The commissioner may grant a waiver of compliance with
5-16 the applicable ASME Code A17.1 or the 1994 ASME Code A17.3 if the
5-17 commissioner finds that:
5-18 (1) the building in which the elevator, escalator, or
5-19 related equipment is located is a qualified historic building or
5-20 facility or the noncompliance is due to structural components of
5-21 the building; and
5-22 (2) noncompliance will not constitute a significant
5-23 threat to passenger safety.
5-24 (h) The commissioner may grant a waiver of compliance with
5-25 the firefighter's service provisions of the ASME Code A17.1 or the
6-1 1994 ASME Code A17.3 in an elevator that exclusively serves a
6-2 vehicle parking garage in a building that:
6-3 (1) is used only for parking;
6-4 (2) is constructed of noncombustible materials; and
6-5 (3) is not greater than 75 feet in height.
6-6 (i) This subchapter does not apply to an elevator, an
6-7 escalator, or related equipment in an industrial facility, or in a
6-8 grain silo, radio antenna, bridge tower, underground facility, or
6-9 dam, to which access is limited principally to employees of or
6-10 working in that facility or structure.
6-11 (j) The commissioner may charge a reasonable fee as set by
6-12 the commission for an application for waiver or delay. One
6-13 application for a waiver or delay may contain all requests related
6-14 to a particular building. A delay may not be granted indefinitely
6-15 but must be granted to a specified time.
6-16 (k) For purposes of this section, the date of installation
6-17 is the date that the owner of the real property entered into a
6-18 contract for the purchase of the elevators, escalators, or related
6-19 equipment. If that date cannot be established, the date of
6-20 installation is the date of issuance of the municipal building
6-21 permit under which the elevators, escalators, or related equipment
6-22 was constructed or, if a municipal building permit was not issued,
6-23 the date that electrical consumption began for the construction of
6-24 the building in which the elevators, escalators, or related
6-25 equipment was installed <In adopting the standards, the
7-1 commissioner shall adopt standards for elevators, escalators, and
7-2 related equipment:>
7-3 <(1) constructed or installed before September 1,
7-4 1993, that are in compliance with the latest edition of the ASME
7-5 Safety Code for Existing Elevators and Escalators A17.3; and>
7-6 <(2) constructed or installed on or after September 1,
7-7 1993, that are in compliance with the latest edition of the ASME
7-8 Safety Code for Elevators and Escalators A17.1.>
7-9 <(c) In the event that compliance with ASME Safety Code for
7-10 Existing Elevators and Escalators A17.3 is not "readily achievable"
7-11 as that phrase is defined in the Americans with Disabilities Act
7-12 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or
7-13 its regulations, the commission shall authorize the certified
7-14 inspector to waive or delay compliance with the particular standard
7-15 which is not readily achievable. Provided however, in any event,
7-16 an elevator, an escalator, or related equipment must at least be in
7-17 compliance with the ASME Safety Code for Elevators and Escalators
7-18 A17.1 in existence at the time of the construction of the elevator,
7-19 escalator, or related equipment. The commission may charge
7-20 reasonable fees for any application for waiver or delay>.
7-21 Sec. 754.015. Rules. (a) The commissioner by rule shall
7-22 provide for:
7-23 (1) the <annual> inspection and certification once
7-24 each calendar year of elevators, escalators, and related equipment
7-25 covered by standards adopted under this subchapter;
8-1 (2) the enforcement of those standards;
8-2 (3) the certification of qualified persons as
8-3 inspectors for the purposes of this subchapter; and
8-4 (4) the form of the inspection report and certificate
8-5 of compliance <inspection>.
8-6 (b) The commissioner by rule may not require that:
8-7 (1) inspection be made more often than once per year
8-8 of elevators, escalators, and related equipment;
8-9 (2) persons post a bond or furnish insurance as a
8-10 condition of certification; and
8-11 (3) inspection reports or certificates of compliance
8-12 <inspection> be placed in locations other than one provided in
8-13 Section 754.019(4).
8-14 Sec. 754.016. Inspection Report And <Coverage of>
8-15 Certificate of Compliance <Inspection>. (a) An inspection report
8-16 and a <A> certificate of compliance <inspection> required under
8-17 this subchapter must cover all elevators, escalators, and related
8-18 equipment in a building or structure appurtenant to the building,
8-19 including a parking facility, that are owned by the same person or
8-20 persons. There shall be only one inspection report and one
8-21 certificate of compliance <inspection> for each building.
8-22 (b) An inspector shall date and sign an inspection report
8-23 and shall issue the report to the building owner. The inspection
8-24 report shall be on forms designated by the commissioner.
8-25 (c) The commissioner shall date and sign a certificate of
9-1 compliance and shall issue the certificate to the building owner.
9-2 The certificate of compliance shall state that the elevators,
9-3 escalators, and related equipment have been inspected by a
9-4 certified inspector and found by the inspector to be in compliance,
9-5 except for any delays or waivers granted by the commissioner and
9-6 stated in the certificate <The certificate of inspection shall
9-7 specify the number of elevators in the building and shall
9-8 specifically describe any elevators not in compliance with this
9-9 subchapter, stating the reason or reasons for noncompliance>.
9-10 Sec. 754.017. Certified Inspectors. (a) An inspector must
9-11 register with the department and <meet the qualification
9-12 requirements of the ASME-QEI-1. An inspector or inspection
9-13 supervisor must> be certified as an ASME-QEI-1 inspector by an
9-14 organization accredited by the American Society of Mechanical
9-15 Engineers <ASME in accordance with the requirements of ASME-QEI-1>.
9-16 Any <accreditation or> certification charges or fees shall be paid
9-17 by the inspector.
9-18 (b) The commissioner may not by rule prohibit an ASME-QEI-1
9-19 certified inspector who is registered with the department from
9-20 inspecting <and certifying> under this subchapter an elevator, an
9-21 escalator, or related equipment. A person assisting a certified
9-22 inspector is not required to be ASME-QEI-1 certified.
9-23 (c) The commissioner may charge a $15 <$10> fee to certified
9-24 inspectors for registering with the department <Texas Department of
9-25 Licensing and Regulation>.
10-1 Sec. 754.0171. INSPECTION FEE. A person inspecting an
10-2 elevator, escalator, or related equipment under this subchapter may
10-3 not charge more than $65 per elevator cab or per escalator for each
10-4 inspection.
10-5 Sec. 754.018. Powers of Municipalities. If a municipality
10-6 operates a program for the inspection and certification of
10-7 elevators, escalators, and related equipment, this subchapter shall
10-8 not apply to elevators, escalators, and related equipment in that
10-9 municipality, provided that the standards of inspection and
10-10 certification are no less stringent than those contained in this
10-11 subchapter.
10-12 Sec. 754.019. Duties of Real Property Owners. (a) The
10-13 owner of real property on which an elevator, an escalator, or
10-14 related equipment covered by this subchapter is located shall:
10-15 (1) have the elevator, escalator, or related equipment
10-16 inspected by an ASME-QEI-1 certified inspector <and certified> in
10-17 accordance with the commissioner's rules;
10-18 (2) obtain an inspection report from the inspector <a
10-19 certificate of inspection> evidencing that all elevators,
10-20 escalators, and related equipment in a building on the real
10-21 property were <the elevator, escalator, or related equipment was>
10-22 inspected in accordance with this subchapter and rules adopted
10-23 under this subchapter <determined to be in compliance with the
10-24 safety standards adopted under Section 754.014>;
10-25 (3) file with the commissioner a copy of each
11-1 inspection report <certificate of inspection> and a $20 <$15>
11-2 filing fee for each report, plus $5 for each elevator,
11-3 <certificate> not later than the 60th <30th> day after the date on
11-4 which an inspection is made under this subchapter; <and>
11-5 (4) display the certificate of compliance
11-6 <inspection>:
11-7 (A) in the elevator mechanical room if the
11-8 certificate relates to <the inspection of> an elevator;
11-9 (B) in the escalator box if the certificate
11-10 relates to <the inspection of> an escalator; or
11-11 (C) in a place designated by the commissioner if
11-12 the certificate relates to <the inspection of> related equipment;
11-13 and
11-14 (5) display the inspection report at the locations
11-15 designated in Subdivision (4) until a certificate of compliance is
11-16 issued by the commissioner.
11-17 (b) When an inspection report is filed with the
11-18 commissioner, the owner shall submit to the commissioner:
11-19 (1) verification that any deficiencies in the
11-20 inspector's report have been remedied or that a bona fide contract
11-21 to remedy the deficiencies has been entered into; or
11-22 (2) any application for delay or waiver of an
11-23 applicable standard.
11-24 (c) An inspection must be made not later than 18 months
11-25 after the previous calendar year's inspection. This subsection
12-1 does not affect the requirement that elevators be inspected at
12-2 least once each calendar year.
12-3 (d) <(b)> For the purpose of determining timely filing under
12-4 Subsection (a)(3), an inspection report <a certificate> and fee are
12-5 considered filed on the date of mailing by United States mail if
12-6 properly addressed to the commissioner.
12-7 (e) <(c)> If the inspection report <certificate copy> and
12-8 <the> fee required by Subsection (a)(3) are not timely filed, the
12-9 commissioner may charge the owner of the real property on which the
12-10 elevator, escalator, or related equipment is located an additional
12-11 $100 fee for late filing.
12-12 (f) <(d)> The commissioner may not require that an
12-13 inspection report or <a> certificate of compliance <inspection> be
12-14 placed inside or immediately outside an elevator cab or escalator
12-15 or in the lobby or hallways of a building.
12-16 (g) <(e)> A fee may not be charged or collected for a
12-17 certificate of compliance <inspection> for an institution of higher
12-18 education as defined in Section 61.003, Education Code.
12-19 Sec. 754.020. Deposit of Fees. Fees collected under this
12-20 subchapter shall be deposited to the credit of an account in the
12-21 general revenue fund that may be used by the commissioner only to
12-22 administer and enforce this subchapter and to reimburse expenses of
12-23 board members provided by this subchapter.
12-24 Sec. 754.021. List of Inspectors; Personnel. The
12-25 commissioner may:
13-1 (1) compile a list of ASME-QEI-1 certified inspectors
13-2 who are registered with <inspectors certified by> the department
13-3 <commissioner> to perform an inspection under this subchapter; and
13-4 (2) employ personnel as necessary to enforce this
13-5 subchapter.
13-6 Sec. 754.022. Notice of Noncompliance. If the commissioner
13-7 learns of a situation of noncompliance under Section 754.019, the
13-8 commissioner shall send notice by certified mail of the
13-9 noncompliance and the actions required to remedy the noncompliance
13-10 to the record owner of the real property on which the equipment
13-11 that is the subject of the noncompliance is located.
13-12 Sec. 754.023. Investigation; License Proceedings;
13-13 Injunction. (a) If there is good cause for the commissioner to
13-14 believe that an elevator, escalator, or related equipment on real
13-15 property is dangerous or that an accident involving an elevator,
13-16 escalator, or related equipment occurred on the property and
13-17 serious bodily injury or property damage resulted, the commissioner
13-18 may enter the property during regular business hours after notice
13-19 to the owner, operator, or person in charge of the property to
13-20 inspect the elevator, escalator, or related equipment or
13-21 investigate the accident at no cost to the owner.
13-22 (b) The commissioner may enter real property during regular
13-23 business hours after notice to the owner, operator, or person in
13-24 charge of the property to verify, at no cost to the owner, whether
13-25 an inspection report or certificate of compliance has been
14-1 displayed as required under Section 754.019(a).
14-2 (c) The commissioner may deny, suspend, or revoke the
14-3 registration of any ASME-QEI-1 certified inspector for:
14-4 (1) obtaining registration with the commissioner by
14-5 fraud or false representation;
14-6 (2) falsifying any inspection report submitted to the
14-7 commissioner; or
14-8 (3) violating this subchapter or a rule adopted under
14-9 this subchapter.
14-10 (d) The commissioner is entitled to appropriate injunctive
14-11 relief to prevent a violation or threatened violation of this
14-12 subchapter or a rule adopted under this subchapter.
14-13 (e) <(b)> The commissioner may bring suit in a district
14-14 court in Travis County or in the county in which the violation or
14-15 threatened violation occurs. If requested, the attorney general
14-16 shall represent the commissioner in the suit.
14-17 Sec. 754.024. Criminal Penalty. (a) A person commits an
14-18 offense if the person receives notice of noncompliance under
14-19 Section 754.022 and the person has not remedied <fails or refuses
14-20 to remedy> the noncompliance or entered into a bona fide contract
14-21 to remedy the noncompliance before the 61st <31st> day after the
14-22 date on which the notice is received.
14-23 (b) An offense under this section is a Class C misdemeanor.
14-24 (c) Each day of an offense under Subsection (a) <failure or
14-25 refusal to remedy the noncompliance after the 30th day after the
15-1 date on which the notice is received> constitutes a separate
15-2 offense.
15-3 SECTION 2. This Act takes effect September 1, 1995.
15-4 SECTION 3. The importance of this legislation and the
15-5 crowded condition of the calendars in both houses create an
15-6 emergency and an imperative public necessity that the
15-7 constitutional rule requiring bills to be read on three several
15-8 days in each house be suspended, and this rule is hereby suspended.