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