S.B. No. 1044
AN ACT
1-1 relating to elevator inspections; providing penalties.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter B, Chapter 754, Health and Safety
1-4 Code, is amended to read as follows:
1-5 SUBCHAPTER B. INSPECTION AND CERTIFICATION
1-6 Sec. 754.011. Definitions. In this subchapter:
1-7 (1) "ASME Code A17.1" means the American Society of
1-8 Mechanical Engineers Safety Code for Elevators and Escalators
1-9 A17.1.
1-10 (2) "ASME Code A17.3" means the American Society of
1-11 Mechanical Engineers Safety Code for Elevators and Escalators
1-12 A17.3.
1-13 (3) "Board" means the elevator advisory board.
1-14 (4) "Commission" means the Texas Commission of
1-15 Licensing and Regulation.
1-16 (5) <(2)> "Commissioner" means the commissioner of
1-17 licensing and regulation.
1-18 (6) "Department" means the Texas Department of
1-19 Licensing and Regulation.
1-20 (7) "Qualified historic building or facility" means a
1-21 building or facility that is:
1-22 (A) listed in or eligible for listing in the
1-23 National Register of Historic Places; or
2-1 (B) designated as a Recorded Texas Historic
2-2 Landmark or State Archeological Landmark.
2-3 (8) <(3)> "Related equipment" means automatic
2-4 equipment that is used to move a person in a manner that is similar
2-5 to that of an elevator or escalator and includes a <dumbwaiter,
2-6 manlift, and> moving sidewalk.
2-7 Sec. 754.012. Elevator Advisory Board. (a) The elevator
2-8 advisory board is composed of nine members appointed by the
2-9 commissioner as follows:
2-10 (1) a representative of the insurance industry or a
2-11 certified elevator inspector;
2-12 (2) a representative of elevator, escalator, and
2-13 related equipment constructors;
2-14 (3) a representative of owners or managers of
2-15 buildings having fewer than six stories and having an elevator, an
2-16 escalator, or related equipment;
2-17 (4) a representative of owners or managers of
2-18 buildings having six stories or more and having an elevator, an
2-19 escalator, or related equipment;
2-20 (5) a representative of independent elevator,
2-21 escalator, and related equipment maintenance companies;
2-22 (6) a representative of elevator, escalator, and
2-23 related equipment manufacturers;
2-24 (7) a representative of professional engineers or
2-25 architects;
3-1 (8) a public member; and
3-2 (9) a public member with a physical disability.
3-3 (b) Board members serve at the will of the commissioner.
3-4 (c) The commissioner shall appoint a presiding officer of
3-5 the board.
3-6 (d) The board shall meet at least twice each calendar year.
3-7 (e) A board member serves without compensation but is
3-8 entitled to reimbursement for travel and other necessary expenses
3-9 incurred in performing duties under this subchapter.
3-10 Sec. 754.013. Board Duties. To protect public safety and to
3-11 identify and correct potential hazards, the board shall advise the
3-12 commissioner on:
3-13 (1) the adoption of appropriate standards for the
3-14 installation, alteration, <and> operation, and inspection of
3-15 elevators, escalators, and related equipment;
3-16 (2) the status of elevators, escalators, and related
3-17 equipment used by the public in this state; and
3-18 (3) any other matter considered relevant by the
3-19 commissioner.
3-20 Sec. 754.014. Standards Adopted by Commissioner. (a) The
3-21 commissioner shall adopt standards for the installation,
3-22 alteration, <and> operation, and inspection of elevators,
3-23 escalators, and related equipment used by the public in:
3-24 (1) buildings owned or operated by the state, a
3-25 state-owned institution or agency, or a political subdivision of
4-1 the state; and
4-2 (2) buildings that contain an elevator, an escalator,
4-3 or related equipment that is open to the general public <is
4-4 generally invited to use>, including a hotel, motel, apartment
4-5 house, boardinghouse, church, office building, shopping center, or
4-6 other commercial establishment.
4-7 (b) Standards adopted by the commissioner may not contain
4-8 requirements in addition to the requirements in the ASME Code A17.1
4-9 or ASME Code A17.3.
4-10 (c) Standards adopted by the commissioner must require
4-11 elevators, escalators, and related equipment to comply with the
4-12 installation requirements of the following, whichever is the least
4-13 restrictive:
4-14 (1) the ASME Code A17.1 that was in effect on the date
4-15 of installation of the elevators, escalators, and related
4-16 equipment; or
4-17 (2) an applicable municipal ordinance governing the
4-18 installation of elevators, escalators, and related equipment that
4-19 was in effect on the date of installation.
4-20 (d) Standards adopted by the commissioner must require
4-21 elevators, escalators, and related equipment to comply with the
4-22 installation requirements of the 1994 ASME Code A17.3 that contains
4-23 minimum safety standards for all elevators, escalators, and related
4-24 equipment, regardless of the date of installation.
4-25 (e) On written request, the commissioner shall grant a delay
5-1 for compliance with the applicable ASME Code A17.1 or the 1994 ASME
5-2 Code A17.3 until a specified time if compliance is not readily
5-3 achievable, as that phrase is defined in the Americans with
5-4 Disabilities Act (42 U.S.C. Section 12101 et seq.), or regulations
5-5 adopted under that Act.
5-6 (f) On written request, the commissioner shall grant a delay
5-7 until September 1, 2005, for compliance with the requirements for
5-8 door restrictors or firefighter's service in the 1994 ASME Code
5-9 A17.3 if those requirements were not included in the ASME Code
5-10 A17.1 that was in effect on the date of installation of the
5-11 elevator, escalator, or related equipment and that equipment was
5-12 not subsequently installed by an owner of the elevator, escalator,
5-13 or related equipment.
5-14 (g) The commissioner may grant a waiver of compliance with
5-15 the applicable ASME Code A17.1 or the 1994 ASME Code A17.3 if the
5-16 commissioner finds that:
5-17 (1) the building in which the elevator, escalator, or
5-18 related equipment is located is a qualified historic building or
5-19 facility or the noncompliance is due to structural components of
5-20 the building; and
5-21 (2) noncompliance will not constitute a significant
5-22 threat to passenger safety.
5-23 (h) The commissioner may grant a waiver of compliance with
5-24 the firefighter's service provisions of the ASME Code A17.1 or the
5-25 1994 ASME Code A17.3 in an elevator that exclusively serves a
6-1 vehicle parking garage in a building that:
6-2 (1) is used only for parking;
6-3 (2) is constructed of noncombustible materials; and
6-4 (3) is not greater than 75 feet in height.
6-5 (i) This subchapter does not apply to an elevator, an
6-6 escalator, or related equipment in an industrial facility, or in a
6-7 grain silo, radio antenna, bridge tower, underground facility, or
6-8 dam, to which access is limited principally to employees of or
6-9 working in that facility or structure.
6-10 (j) The commissioner may charge a reasonable fee as set by
6-11 the commission for an application for waiver or delay. One
6-12 application for a waiver or delay may contain all requests related
6-13 to a particular building. A delay may not be granted indefinitely
6-14 but must be granted to a specified time.
6-15 (k) For purposes of this section, the date of installation
6-16 is the date that the owner of the real property entered into a
6-17 contract for the purchase of the elevators, escalators, or related
6-18 equipment. If that date cannot be established, the date of
6-19 installation is the date of issuance of the municipal building
6-20 permit under which the elevators, escalators, or related equipment
6-21 was constructed or, if a municipal building permit was not issued,
6-22 the date that electrical consumption began for the construction of
6-23 the building in which the elevators, escalators, or related
6-24 equipment was installed <In adopting the standards, the
6-25 commissioner shall adopt standards for elevators, escalators, and
7-1 related equipment:>
7-2 <(1) constructed or installed before September 1,
7-3 1993, that are in compliance with the latest edition of the ASME
7-4 Safety Code for Existing Elevators and Escalators A17.3; and>
7-5 <(2) constructed or installed on or after September 1,
7-6 1993, that are in compliance with the latest edition of the ASME
7-7 Safety Code for Elevators and Escalators A17.1.>
7-8 <(c) In the event that compliance with ASME Safety Code for
7-9 Existing Elevators and Escalators A17.3 is not "readily achievable"
7-10 as that phrase is defined in the Americans with Disabilities Act
7-11 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or
7-12 its regulations, the commission shall authorize the certified
7-13 inspector to waive or delay compliance with the particular standard
7-14 which is not readily achievable. Provided however, in any event,
7-15 an elevator, an escalator, or related equipment must at least be in
7-16 compliance with the ASME Safety Code for Elevators and Escalators
7-17 A17.1 in existence at the time of the construction of the elevator,
7-18 escalator, or related equipment. The commission may charge
7-19 reasonable fees for any application for waiver or delay>.
7-20 Sec. 754.015. Rules. (a) The commissioner by rule shall
7-21 provide for:
7-22 (1) the <annual> inspection and certification once
7-23 each calendar year of elevators, escalators, and related equipment
7-24 covered by standards adopted under this subchapter;
7-25 (2) the enforcement of those standards;
8-1 (3) the certification of qualified persons as
8-2 inspectors for the purposes of this subchapter; and
8-3 (4) the form of the inspection report and certificate
8-4 of compliance <inspection>.
8-5 (b) The commissioner by rule may not require that:
8-6 (1) inspection be made more often than once per year
8-7 of elevators, escalators, and related equipment;
8-8 (2) persons post a bond or furnish insurance as a
8-9 condition of certification; and
8-10 (3) inspection reports or certificates of compliance
8-11 <inspection> be placed in locations other than one provided in
8-12 Section 754.019(4).
8-13 Sec. 754.016. Inspection Report And <Coverage of>
8-14 Certificate of Compliance <Inspection>. (a) An inspection report
8-15 and a <A> certificate of compliance <inspection> required under
8-16 this subchapter must cover all elevators, escalators, and related
8-17 equipment in a building or structure appurtenant to the building,
8-18 including a parking facility, that are owned by the same person or
8-19 persons. There shall be only one inspection report and one
8-20 certificate of compliance <inspection> for each building.
8-21 (b) An inspector shall date and sign an inspection report
8-22 and shall issue the report to the building owner. The inspection
8-23 report shall be on forms designated by the commissioner.
8-24 (c) The commissioner shall date and sign a certificate of
8-25 compliance and shall issue the certificate to the building owner.
9-1 The certificate of compliance shall state that the elevators,
9-2 escalators, and related equipment have been inspected by a
9-3 certified inspector and found by the inspector to be in compliance,
9-4 except for any delays or waivers granted by the commissioner and
9-5 stated in the certificate <The certificate of inspection shall
9-6 specify the number of elevators in the building and shall
9-7 specifically describe any elevators not in compliance with this
9-8 subchapter, stating the reason or reasons for noncompliance>.
9-9 Sec. 754.017. Certified Inspectors. (a) An inspector must
9-10 register with the department and <meet the qualification
9-11 requirements of the ASME-QEI-1. An inspector or inspection
9-12 supervisor must> be certified as an ASME-QEI-1 inspector by an
9-13 organization accredited by the American Society of Mechanical
9-14 Engineers <ASME in accordance with the requirements of ASME-QEI-1>.
9-15 Any <accreditation or> certification charges or fees shall be paid
9-16 by the inspector.
9-17 (b) The commissioner may not by rule prohibit an ASME-QEI-1
9-18 certified inspector who is registered with the department from
9-19 inspecting <and certifying> under this subchapter an elevator, an
9-20 escalator, or related equipment. A person assisting a certified
9-21 inspector is not required to be ASME-QEI-1 certified.
9-22 (c) The commissioner may charge a $15 <$10> fee to certified
9-23 inspectors for registering with the department <Texas Department of
9-24 Licensing and Regulation>.
9-25 Sec. 754.0171. INSPECTION FEE. (a) A person inspecting an
10-1 elevator, an escalator, or related equipment under this subchapter
10-2 may not charge more than $65 per elevator cab or per escalator for
10-3 each inspection.
10-4 (b) The amount charged for an inspection or the performance
10-5 of an inspection may not be contingent on the existence of a
10-6 maintenance contract between the person performing the inspection
10-7 and any other person.
10-8 Sec. 754.018. Powers of Municipalities. If a municipality
10-9 operates a program for the inspection and certification of
10-10 elevators, escalators, and related equipment, this subchapter shall
10-11 not apply to elevators, escalators, and related equipment in that
10-12 municipality, provided that the standards of inspection and
10-13 certification are no less stringent than those contained in this
10-14 subchapter.
10-15 Sec. 754.019. Duties of Real Property Owners. (a) The
10-16 owner of real property on which an elevator, an escalator, or
10-17 related equipment covered by this subchapter is located shall:
10-18 (1) have the elevator, escalator, or related equipment
10-19 inspected by an ASME-QEI-1 certified inspector <and certified> in
10-20 accordance with the commissioner's rules;
10-21 (2) obtain an inspection report from the inspector <a
10-22 certificate of inspection> evidencing that all elevators,
10-23 escalators, and related equipment in a building on the real
10-24 property were <the elevator, escalator, or related equipment was>
10-25 inspected in accordance with this subchapter and rules adopted
11-1 under this subchapter <determined to be in compliance with the
11-2 safety standards adopted under Section 754.014>;
11-3 (3) file with the commissioner a copy of each
11-4 inspection report <certificate of inspection> and a $20 <$15>
11-5 filing fee for each report, plus $5 for each elevator, escalator,
11-6 or related equipment <certificate> not later than the 60th <30th>
11-7 day after the date on which an inspection is made under this
11-8 subchapter; <and>
11-9 (4) display the certificate of compliance
11-10 <inspection>:
11-11 (A) in the elevator mechanical room if the
11-12 certificate relates to <the inspection of> an elevator;
11-13 (B) in the escalator box if the certificate
11-14 relates to <the inspection of> an escalator; or
11-15 (C) in a place designated by the commissioner if
11-16 the certificate relates to <the inspection of> related equipment;
11-17 and
11-18 (5) display the inspection report at the locations
11-19 designated in Subdivision (4) until a certificate of compliance is
11-20 issued by the commissioner.
11-21 (b) When an inspection report is filed with the
11-22 commissioner, the owner shall submit to the commissioner:
11-23 (1) verification that any deficiencies in the
11-24 inspector's report have been remedied or that a bona fide contract
11-25 to remedy the deficiencies has been entered into; or
12-1 (2) any application for delay or waiver of an
12-2 applicable standard.
12-3 (c) An inspection must be made not later than 18 months
12-4 after the previous calendar year's inspection. This subsection
12-5 does not affect the requirement that elevators, escalators, or
12-6 related equipment be inspected at least once each calendar year.
12-7 (d) For the purpose of determining timely filing under
12-8 Subsection (a)(3), an inspection report <a certificate> and fee are
12-9 considered filed on the date of mailing by United States mail if
12-10 properly addressed to the commissioner.
12-11 (e) <(c)> If the inspection report <certificate copy> and
12-12 <the> fee required by Subsection (a)(3) are not timely filed, the
12-13 commissioner may charge the owner of the real property on which the
12-14 elevator, escalator, or related equipment is located an additional
12-15 $100 fee for late filing.
12-16 (f) <(d)> The commissioner may not require that an
12-17 inspection report or <a> certificate of compliance <inspection> be
12-18 placed inside or immediately outside an elevator cab or escalator
12-19 or in the lobby or hallways of a building.
12-20 (g) <(e)> A fee may not be charged or collected for a
12-21 certificate of compliance <inspection> for an institution of higher
12-22 education as defined in Section 61.003, Education Code.
12-23 Sec. 754.020. Deposit of Fees. Fees collected under this
12-24 subchapter shall be deposited to the credit of an account in the
12-25 general revenue fund that may be used by the commissioner only to
13-1 administer and enforce this subchapter and to reimburse expenses of
13-2 board members provided by this subchapter.
13-3 Sec. 754.021. List of Inspectors; Personnel. The
13-4 commissioner may:
13-5 (1) compile a list of ASME-QEI-1 certified inspectors
13-6 who are registered with <inspectors certified by> the department
13-7 <commissioner> to perform an inspection under this subchapter; and
13-8 (2) employ personnel as necessary to enforce this
13-9 subchapter.
13-10 Sec. 754.022. Notice of Noncompliance. If the commissioner
13-11 learns of a situation of noncompliance under Section 754.019, the
13-12 commissioner shall send notice by certified mail of the
13-13 noncompliance and the actions required to remedy the noncompliance
13-14 to the record owner of the real property on which the equipment
13-15 that is the subject of the noncompliance is located.
13-16 Sec. 754.023. Investigation; License Proceedings;
13-17 Injunction. (a) If there is good cause for the commissioner to
13-18 believe that an elevator, an escalator, or related equipment on
13-19 real property is dangerous or that an accident involving an
13-20 elevator, an escalator, or related equipment occurred on the
13-21 property and serious bodily injury or property damage resulted, the
13-22 commissioner may enter the property during regular business hours
13-23 after notice to the owner, operator, or person in charge of the
13-24 property to inspect the elevator, escalator, or related equipment
13-25 or investigate the accident at no cost to the owner.
14-1 (b) The commissioner may enter real property during regular
14-2 business hours after notice to the owner, operator, or person in
14-3 charge of the property to verify, at no cost to the owner, whether
14-4 an inspection report or certificate of compliance has been
14-5 displayed as required under Section 754.019(a).
14-6 (c) The commissioner may deny, suspend, or revoke the
14-7 registration of any ASME-QEI-1 certified inspector for:
14-8 (1) obtaining registration with the commissioner by
14-9 fraud or false representation;
14-10 (2) falsifying any inspection report submitted to the
14-11 commissioner; or
14-12 (3) violating this subchapter or a rule adopted under
14-13 this subchapter.
14-14 (d) The commissioner is entitled to appropriate injunctive
14-15 relief to prevent a violation or threatened violation of this
14-16 subchapter or a rule adopted under this subchapter.
14-17 (e) <(b)> The commissioner may bring suit in a district
14-18 court in Travis County or in the county in which the violation or
14-19 threatened violation occurs. If requested, the attorney general
14-20 shall represent the commissioner in the suit.
14-21 Sec. 754.024. Criminal Penalty. (a) A person commits an
14-22 offense if the person receives notice of noncompliance under
14-23 Section 754.022 and the person has not remedied <fails or refuses
14-24 to remedy> the noncompliance or entered into a bona fide contract
14-25 to remedy the noncompliance before the 61st <31st> day after the
15-1 date on which the notice is received.
15-2 (b) An offense under this section is a Class C misdemeanor.
15-3 (c) Each day of an offense under Subsection (a) <failure or
15-4 refusal to remedy the noncompliance after the 30th day after the
15-5 date on which the notice is received> constitutes a separate
15-6 offense.
15-7 SECTION 2. This Act takes effect September 1, 1995.
15-8 SECTION 3. The importance of this legislation and the
15-9 crowded condition of the calendars in both houses create an
15-10 emergency and an imperative public necessity that the
15-11 constitutional rule requiring bills to be read on three several
15-12 days in each house be suspended, and this rule is hereby suspended.