1-1 By: Brown S.B. No. 1044
1-2 (In the Senate - Filed March 8, 1995; March 14, 1995, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 6, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 6, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1044 By: Patterson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to elevator inspections; providing penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter B, Chapter 754, Health and Safety
1-13 Code, is amended to read as follows:
1-14 SUBCHAPTER B. INSPECTION AND CERTIFICATION
1-15 Sec. 754.011. DEFINITIONS. In this subchapter:
1-16 (1) "ASME Code A17.1" means the American Society of
1-17 Mechanical Engineers Safety Code for Elevators and Escalators
1-18 A17.1.
1-19 (2) "ASME Code A17.3" means the American Society of
1-20 Mechanical Engineers Safety Code for Elevators and Escalators
1-21 A17.3.
1-22 (3) "Board" means the elevator advisory board.
1-23 (4) "Commission" means the Texas Commission on
1-24 Licensing and Regulation.
1-25 (5) <(2)> "Commissioner" means the commissioner of
1-26 licensing and regulation.
1-27 (6) "Department" means the Texas Department of
1-28 Licensing and Regulation.
1-29 (7) "Qualified historic building or facility" means a
1-30 building or facility that is (A) listed in or eligible for listing
1-31 in the National Register of Historic Places, or (B) designated as a
1-32 Recorded Texas Historic Landmark or State Archeological Landmark.
1-33 (8) <(3)> "Related equipment" means automatic
1-34 equipment that is used to move a person in a manner that is similar
1-35 to that of an elevator or escalator and includes a <dumbwaiter,
1-36 manlift, and> moving sidewalk.
1-37 Sec. 754.012. Elevator Advisory Board. (a) The elevator
1-38 advisory board is composed of nine members appointed by the
1-39 commissioner as follows:
1-40 (1) a representative of the insurance industry or a
1-41 certified elevator inspector;
1-42 (2) a representative of elevator, escalator, and
1-43 related equipment constructors;
1-44 (3) a representative of owners or managers of
1-45 buildings having fewer than six stories and having an elevator, an
1-46 escalator, or related equipment;
1-47 (4) a representative of owners or managers of
1-48 buildings having six stories or more and having an elevator, an
1-49 escalator, or related equipment;
1-50 (5) a representative of independent elevator,
1-51 escalator, and related equipment maintenance companies;
1-52 (6) a representative of elevator, escalator, and
1-53 related equipment manufacturers;
1-54 (7) a representative of professional engineers or
1-55 architects;
1-56 (8) a public member; and
1-57 (9) a public member with a physical disability.
1-58 (b) Board members serve at the will of the commissioner.
1-59 (c) The commissioner shall appoint a presiding officer of
1-60 the board.
1-61 (d) The board shall meet at least twice each calendar year.
1-62 (e) A board member serves without compensation but is
1-63 entitled to reimbursement for travel and other necessary expenses
1-64 incurred in performing duties under this subchapter.
1-65 Sec. 754.013. Board Duties. To protect public safety and to
1-66 identify and correct potential hazards, the board shall advise the
1-67 commissioner on:
1-68 (1) the adoption of appropriate standards for the
2-1 installation, alteration, <and> operation, and inspection of
2-2 elevators, escalators, and related equipment;
2-3 (2) the status of elevators, escalators, and related
2-4 equipment used by the public in this state; and
2-5 (3) any other matter considered relevant by the
2-6 commissioner.
2-7 Sec. 754.014. Standards Adopted by Commissioner. (a) The
2-8 commissioner shall adopt standards for the installation,
2-9 alteration, <and> operation, and inspection of elevators,
2-10 escalators, and related equipment used by the public in:
2-11 (1) buildings owned or operated by the state, a
2-12 state-owned institution or agency, or a political subdivision of
2-13 the state; and
2-14 (2) buildings that contain an elevator, an escalator,
2-15 or related equipment that the public is generally invited to use,
2-16 including a hotel, motel, apartment house, boardinghouse, church,
2-17 office building, shopping center, or other commercial
2-18 establishment.
2-19 (b)(1) The standards adopted by the commissioner shall not
2-20 contain requirements additional to ASME Code A17.1 or ASME Code
2-21 A17.3. The standards adopted by the commissioner shall provide
2-22 that:
2-23 (A) elevators, escalators, and related equipment
2-24 must comply with the installation requirements of either:
2-25 (i) the ASME Code A17.1 that was in effect
2-26 on the date of installation of the elevators, escalators, and
2-27 related equipment; or
2-28 (ii) an applicable municipal ordinance
2-29 governing installation of elevators, escalators, and related
2-30 equipment that was in effect on the date of installation. The
2-31 standards must require compliance with the less restrictive of
2-32 Subparagraph (i) or this subparagraph; and
2-33 (B) elevators, escalators, and related equipment
2-34 shall comply with the installation requirements of the 1994 ASME
2-35 Code A17.3 that contains minimum safety standards for all
2-36 elevators, escalators, and related equipment, regardless of the
2-37 date of installation.
2-38 (2) Except for delays or waivers granted by the
2-39 commissioner under Subsection (c) or (d), elevators, escalators,
2-40 and related equipment shall comply with Subdivisions (1) and (2) of
2-41 this subsection. <In adopting the standards, the commissioner
2-42 shall adopt standards for elevators, escalators, and related
2-43 equipment:>
2-44 <(1) constructed or installed before September 1,
2-45 1993, that are in compliance with the latest edition of the ASME
2-46 Safety Code for Existing Elevators and Escalators A17.3; and>
2-47 <(2) constructed or installed on or after September 1,
2-48 1993, that are in compliance with the latest edition of the ASME
2-49 Safety Code for Elevators and Escalators A17.1.>
2-50 (c) On written request, the commissioner may grant a delay
2-51 for compliance until a specified time for compliance with the
2-52 applicable ASME Code A17.1 or the 1994 ASME Code A17.3 if
2-53 compliance is not "readily achievable" as that phrase is defined in
2-54 the Americans with Disabilities Act, as amended (42 U.S.C. Section
2-55 12101 et seq.) or in its regulations adopted under that Act. On
2-56 written request, the commissioner shall grant a delay until
2-57 September 1, 2005, for compliance with the requirements for door
2-58 restrictors or firefighter's service in the 1994 ASME Code A17.3 if
2-59 such requirements were not included in the ASME Code A17.1 that was
2-60 in effect on the date of installation of the elevator, escalator,
2-61 or related equipment and such equipment was not subsequently
2-62 installed by an owner of the elevator, escalator, or related
2-63 equipment.
2-64 (d) The commissioner may grant a waiver of compliance with
2-65 the applicable ASME Code A17.1 or the 1994 ASME Code A17.3 if the
2-66 commissioner finds that (1) the building in which the elevator,
2-67 escalator, or related equipment is located is a qualified historic
2-68 building or facility or the noncompliance is due to structural
2-69 components of the building, and (2) noncompliance will not
2-70 constitute a significant threat to passenger safety.
3-1 (e) The commissioner may grant a waiver of compliance with
3-2 firemen's service provisions of ASME Code A17.1 or 1994 ASME Code
3-3 A17.3 in an elevator that exclusively serves a vehicle parking
3-4 garage in a building that:
3-5 (1) is used only for parking;
3-6 (2) is constructed of noncombustible materials; and
3-7 (3) is not greater than 75 feet in height.
3-8 (f) On written request, the commissioner shall grant a
3-9 waiver of compliance for elevators in grain silos, radio antennas,
3-10 bridge towers, underground facilities, dams, power plants, and
3-11 similar structures with limited use, permanently installed in
3-12 structures and locations to provide vertical transportation of
3-13 authorized personnel and their tools and equipment only.
3-14 (g) The commissioner may charge reasonable fees as set by
3-15 the commission for an application for waiver or delay. A single
3-16 application may contain all requests for waivers or delays in a
3-17 building. Delays may not be granted indefinitely and must be
3-18 granted to a time certain.
3-19 (h) The date of installation for purposes of this section is
3-20 the date that the owner of the real property entered into a
3-21 contract for the purchase of the elevators, escalators, or related
3-22 equipment or, if that date cannot be established, the date of
3-23 issuance of the municipal building permit under which the
3-24 elevators, escalators, or related equipment was constructed or, if
3-25 no municipal building permit was issued, the date that electrical
3-26 consumption was commenced for the construction of the building in
3-27 which the elevators, escalators, or related equipment was
3-28 installed. <In the event that compliance with ASME Safety Code for
3-29 Existing Elevators and Escalators A17.3 is not "readily achievable"
3-30 as that phrase is defined in the Americans with Disabilities Act
3-31 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or
3-32 its regulations, the commission shall authorize the certified
3-33 inspector to waive or delay compliance with the particular standard
3-34 which is not readily achievable. Provided however, in any event,
3-35 an elevator, an escalator, or related equipment must at least be in
3-36 compliance with the ASME Safety Code for Elevators and Escalators
3-37 A17.1 in existence at the time of the construction of the elevator,
3-38 escalator, or related equipment. The commission may charge
3-39 reasonable fees for any application for waiver or delay.>
3-40 Sec. 754.015. Rules. (a) The commissioner by rule shall
3-41 provide for:
3-42 (1) the annual inspection and certification, once each
3-43 calendar year, of elevators, escalators, and related equipment
3-44 covered by standards adopted under this subchapter;
3-45 (2) the enforcement of those standards;
3-46 (3) the certification of qualified persons as
3-47 inspectors for the purposes of this subchapter; and
3-48 (4) the form of the inspection report and certificate
3-49 of compliance <inspection>.
3-50 (b) The commissioner by rule may not require that:
3-51 (1) inspection be made more often than once per year
3-52 of elevators, escalators, and related equipment;
3-53 (2) persons post a bond or furnish insurance as a
3-54 condition of certification; and
3-55 (3) inspection reports or certificates of compliance
3-56 <inspection> be placed in locations other than one provided in
3-57 Section 754.019(a)(4) <754.019(4)>.
3-58 Sec. 754.016. INSPECTION REPORT AND <COVERAGE OF>
3-59 CERTIFICATE OF COMPLIANCE <INSPECTION>. (a) An inspection report
3-60 and a <A> certificate of compliance <inspection> required under
3-61 this subchapter must cover all elevators, escalators, and related
3-62 equipment in a building or structure appurtenant to the building,
3-63 including a parking facility, that are owned by the same person or
3-64 persons. There shall be only one inspection report and one
3-65 certificate of compliance <inspection> for each building.
3-66 (b) An inspection report shall be dated, signed, and issued
3-67 by the inspector to the building owner and shall be on forms
3-68 designated by the commissioner.
3-69 (c) A certificate of compliance shall be dated, signed, and
3-70 issued by the commissioner to the building owner and shall state
4-1 that the elevators, escalators, and related equipment have been
4-2 inspected by a certified inspector and found by the inspector to be
4-3 in compliance except for any delays or waivers granted by the
4-4 commissioner and stated in the certificate. <The certificate of
4-5 inspection shall specify the number of elevators in the building
4-6 and shall specifically describe any elevators not in compliance
4-7 with this subchapter, stating the reason or reasons for
4-8 noncompliance.>
4-9 Sec. 754.017. CERTIFIED INSPECTORS. (a) An inspector must
4-10 register with the department and <meet the qualification
4-11 requirements of the ASME-QEI-1. An inspector or inspection
4-12 supervisor must> be certified as an ASME-QEI-1 inspector by an
4-13 organization accredited by the American Society of Mechanical
4-14 Engineers <ASME in accordance with the requirements of ASME-QEI-1>.
4-15 Any <accreditation or> certification charges or fees shall be paid
4-16 by the inspector.
4-17 (b) The commissioner may not by rule prohibit an ASME-QEI-1
4-18 certified inspector who is registered with the department from
4-19 inspecting <and certifying> under this subchapter an elevator, <an>
4-20 escalator, or related equipment. Persons assisting an inspector in
4-21 making an inspection need not be ASME-QEI-1 certified.
4-22 (c) The commissioner may charge a $15 <$10> fee to
4-23 <certified> inspectors for registering with the department <Texas
4-24 Department of Licensing and Regulation>.
4-25 Sec. 754.018. POWERS OF MUNICIPALITIES. If a municipality
4-26 operates a program for the inspection and certification of
4-27 elevators, escalators, and related equipment, this subchapter shall
4-28 not apply to elevators, escalators, and related equipment in that
4-29 municipality, provided that the standards of inspection and
4-30 certification are no less stringent than those contained in this
4-31 subchapter.
4-32 Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The
4-33 owner of real property on which an elevator, <an> escalator, or
4-34 related equipment covered by this subchapter is located shall:
4-35 (1) have the elevator, escalator, or related equipment
4-36 inspected by an ASME-QEI-1 certified inspector <and certified> in
4-37 accordance with the commissioner's rules;
4-38 (2) obtain an inspection report from the inspector, <a
4-39 certificate of inspection> evidencing that all elevators,
4-40 escalators <the elevator, escalator>, or related equipment in a
4-41 building on the real property was inspected in accordance with this
4-42 subchapter and rules adopted under this subchapter <determined to
4-43 be in compliance with the safety standards adopted under Section
4-44 754.014>;
4-45 (3) file with the commissioner a copy of each
4-46 inspection report <certificate of inspection> and a $20 <$15>
4-47 filing fee for each report, plus $5 for each elevator,
4-48 <certificate> not later than the 60th <30th> day after the date on
4-49 which an inspection is made under this subchapter; <and>
4-50 (4) display the certificate of compliance issued by
4-51 the commissioner on the basis of the inspection report:
4-52 (A) in the elevator mechanical room if the
4-53 certificate relates to <the inspection of> an elevator;
4-54 (B) in the escalator box if the certificate
4-55 relates to <the inspection of> an escalator; or
4-56 (C) in a place designated by the commissioner if
4-57 the certificate relates to <the inspection of> related equipment;
4-58 and
4-59 (5) display the inspection report at the locations
4-60 designated in Subdivision (4) until a certificate of compliance is
4-61 issued by the commissioner.
4-62 (b) At the time of filing an inspection report with the
4-63 commissioner, the owner shall submit to the commissioner:
4-64 (1) verification that any deficiencies in the
4-65 inspector's report have been remedied or that a bona fide contract
4-66 to remedy the deficiencies has been entered into; or
4-67 (2) any application for delay or waiver of an
4-68 applicable standard.
4-69 (c) The inspection must be made no later than 18 months
4-70 after the previous calendar year's inspection; however, this
5-1 subsection shall not affect the requirement that elevators be
5-2 inspected at least once each calendar year.
5-3 (d) For the purpose of determining timely filing under
5-4 Subsection (a)(3), an inspection report <a certificate> and fee are
5-5 considered filed on the date of mailing by United States mail if
5-6 properly addressed to the commissioner.
5-7 (e) <(c)> If the inspection report <certificate copy> and
5-8 <the> fee required by Subsection (a)(3) are not timely filed, the
5-9 commissioner may charge the owner of the real property on which the
5-10 elevator, escalator, or related equipment is located an additional
5-11 $100 fee for late filing.
5-12 (f) <(d)> The commissioner may not require that an
5-13 inspection report or <a> certificate of compliance <inspection> be
5-14 placed inside or immediately outside an elevator cab or escalator
5-15 or in the lobby or hallways of a building.
5-16 (g) <(e)> A fee may not be charged or collected for a
5-17 certificate of compliance <inspection> for an institution of higher
5-18 education as defined in Section 61.003, Education Code.
5-19 Sec. 754.020. DEPOSIT OF FEES. Fees collected under this
5-20 subchapter shall be deposited to the credit of an account in the
5-21 general revenue fund that may be used by the commissioner only to
5-22 administer and enforce this subchapter and to reimburse expenses of
5-23 board members provided by this subchapter.
5-24 Sec. 754.021. LIST OF INSPECTORS; PERSONNEL. The
5-25 commissioner may:
5-26 (1) compile a list of ASME-QEI-1 certified inspectors
5-27 who are registered with <inspectors certified by> the commissioner
5-28 to perform an inspection under this subchapter; and
5-29 (2) employ personnel as necessary to enforce this
5-30 subchapter.
5-31 Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the commissioner
5-32 learns of a situation of noncompliance under Section 754.019, the
5-33 commissioner shall send notice by certified mail of the
5-34 noncompliance and the actions required to remedy the noncompliance
5-35 to the record owner of the real property on which the equipment
5-36 that is the subject of the noncompliance is located.
5-37 Sec. 754.023. INVESTIGATION AND INJUNCTION. (a) If there
5-38 is good cause for the commissioner to believe that (1) an elevator,
5-39 escalator, or related equipment on real property is dangerous, or
5-40 (2) an accident involving an elevator, escalator, or related
5-41 equipment occurred on the property and serious bodily injury or
5-42 property damage resulted, the commissioner may enter the property
5-43 during regular business hours after notice to the owner, operator,
5-44 or person in charge of the property to inspect the elevator,
5-45 escalator, or related equipment or investigate the accident, at no
5-46 cost to the owner.
5-47 (b) The commissioner may enter real property during regular
5-48 business hours after notice to the owner, operator, or person in
5-49 charge of the property for the purpose of verifying, at no cost to
5-50 the owner, whether an inspection report or certificate of
5-51 compliance has been displayed as required under Section 754.019(a).
5-52 (c) The commissioner is entitled to appropriate injunctive
5-53 relief to prevent a violation or threatened violation of this
5-54 subchapter or a rule adopted under this subchapter.
5-55 (d) <(b)> The commissioner may bring suit in a district
5-56 court in Travis County or in the county in which the violation or
5-57 threatened violation occurs. If requested, the attorney general
5-58 shall represent the commissioner in the suit.
5-59 (e) The commissioner may deny, suspend, or revoke the
5-60 registration of any ASME-QEI-1 certified inspector for:
5-61 (1) obtaining registration with the commissioner
5-62 through fraud or false representation;
5-63 (2) falsifying any inspection report submitted to the
5-64 commissioner; or
5-65 (3) violating this subchapter or any rule of the
5-66 commissioner.
5-67 Sec. 754.024. Criminal Penalty. (a) A person commits an
5-68 offense if:
5-69 (1) the person receives a notice of noncompliance
5-70 under Section 754.022; and
6-1 (2) within 60 days after receiving the notice, the
6-2 person has neither remedied the noncompliance nor entered into a
6-3 bona fide contract to remedy the noncompliance <the person fails or
6-4 refuses to remedy the noncompliance before the 31st day after the
6-5 date on which the notice is received>.
6-6 (b) An offense under this section is a Class C misdemeanor.
6-7 (c) Each day of an offense <failure or refusal to remedy the
6-8 noncompliance after the 30th day after the date on which the notice
6-9 is received> constitutes a separate offense.
6-10 SECTION 2. This Act takes effect September 1, 1995.
6-11 SECTION 3. The importance of this legislation and the
6-12 crowded condition of the calendars in both houses create an
6-13 emergency and an imperative public necessity that the
6-14 constitutional rule requiring bills to be read on three several
6-15 days in each house be suspended, and this rule is hereby suspended.
6-16 * * * * *