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                               * * * * *