NDT C.S.H.B. 2208 75(R)BILL ANALYSIS
LICENSING & ADMINISTRATIVE PROCEDURES
C.S.H.B. 2208
By: Yarbrough
4-14-97
Committee Report (Substituted)
BACKGROUND
In 1993 an elevator inspection bill passed the legislature with the
unanimous agreement of the building owners, elevator manufacturers,
elevator maintenance companies, elevator inspectors, and elevator unions.
Since this time, it has come to the attention of these groups that several
sections of the original law need to be clarified for purposes of
regulatory requirements.
PURPOSE
C.S.H.B. 2208 will allow the commission of the Texas Department of
Licensing and Regulation to review elevator plans if requested by a
building owner.
It will allow the commission to shut down an elevator if the building
owner has failed to get yearly inspections for two years in a row, if
proper advance notices and opportunity to cure have been given to the
building owner or management, and if the commission poses an eminent and
significant danger to elevator passengers. It will allow the commission
to shut an elevator if proper advance notices and opportunity for the
building owner to voluntarily shut it down have been given to the building
owner or management, by the commission.
RULEMAKING AUTHORITY
It is the opinion of the committee that this bill delegates additional
rulemaking authority to the Texas Department of Licensing and Regulation
in Section 4 of the bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 754.011, Health and Safety Code, as follows:
Section 754.011 DEFINITIONS. Adds additional definitions and
clarifications to existing definitions. Renumbers as appropriate.
(1) Defines "ASME Code A17.1" as the American Society of Mechanical
Engineers Safety Code for elevators and Escalators A17.1 applicable to an
elevator at the time of the elevator's installation, modernization, or
alteration.
(2) Defines "ASME Code A17.3" as the American Society of Mechanical
Engineers Safety Code for Elevators and Escalators A17.3 applicable to an
elevator or escalator notwithstanding the date of installation,
modernization, or alteration of the elevator or escalator.
(7) Defines "modernization" and "alteration."
SECTION 2. Amends Sections 754.012 (a) and (e), Health and Safety Code, as
follows:
Section 754.012 ELEVATOR ADVISORY BOARD.
(a) Provides for the increase of elevator advisory board members be
increase to 12 from 9.
(8) Provides for an increase from 1 public member to 4.
(e) Eliminates reimbursement for advisory board travel expenses for all
members.
SECTION 3. Amends Section 754.014(b), (c), and (k) of Section 754.014,
Health and Safety Code, as follows:
Section 754.014. STANDARDS ADOPTED BY COMMISSIONER.
(b) Provides for the elimination of the requirement of sprinklers in
elevator shafts and in elevator machine rooms.
(c)(2) Provides that a municipal ordinance in effect before September 1,
1993, governing the installation of elevators, escalators, and related
equipment that was in effect on the date of installation must comply with
the installation requirements for standards adopted by the commissioner.
(k) Provides for purposes of this section, the date of installation,
modernization, or alteration of an elevator, escalator, or related
equipment is the date that the owner of the real property entered into a
contract for the installation, modernization, or alteration of the
elevators, escalators, or related equipment. If the date cannot be
established, the date of installation, modernization, or alteration is
the date of issuance of the municipal building permit under which the
elevators, escalators, or related equipment was installed, modernized, or
altered.
SECTION 4. Amends Section 754.015, Health and Safety Code, as follows:
Section 754.015. RULES.
(5) Requires the commission to provide for the review of elevator plans
submitted to the commission for the installation, modernization, or
alteration of elevators, escalators or related equipment;
(6) Requires the commission to provide for a fee schedule to pay for the
commission's cost of reviewing elevator plans by commission staff or
independently contracted reviewers;
(7) Requires the commission to provide for municipal building inspection
departments to notify applicants for building permits of the annual
inspection requirements of this subchapter and the availability of
commission staff for reviewing elevator, escalator, or related equipment
plans;
(8) Requires the commission to provide for notifying building owners,
architects, and other building industry professionals of the annual
inspection requirements of this subchapter to ensure compliance with
applicable standards for elevator, escalator, or related equipment
installation, modernization, or alteration; and
(9) Requires the commission to provide for notifying architects and
other building industry professional of the availability of commission
staff for reviewing elevator, escalator, or related equipment plans.
(b)(4) Prohibits the commissioner by rule from requiring that building
owners or their representatives submit to the commission for any purpose
proposed plans for the installation modernization, or alteration of
elevators, escalators, or related equipment.
SECTION 5. Amends Subsection (b), Section 754.016, Health and Safety Code,
as follows:
Section 754.016. INSPECTION REPORT AND CERTIFICATE OF COMPLIANCE.
(b) Requires an elevator inspector to turn in their reports not later
than 10 business days after inspection.
SECTION 6. Amends Subsection (a) and (c), Section 754.017, Health and
Safety Code as follows:
Section 754.017. CERTIFIED INSPECTORS.
(a) Requires an inspector must register to attend an annual seminar
provided by the commission.
(c) Allows the commission to charge a $25 fee to certified inspectors for
registering with the department.
SECTION 7. Amends Section 754.018, Health and Safety Code, as follows:
Section 754.018. POWERS OF MUNICIPALITIES.
Requires if a municipality operates a program for the inspection and
certification of elevators, escalators, elevator shafts, elevator or
escalator equipment rooms, and related equipment, this subchapter shall
not apply to elevators, escalators, elevator shafts, elevator or
escalator equipment rooms, and related equipment in that municipality,
provided that the standards of installation, modernization, alteration,
inspection, and certification are equivalent to those contained in this
subchapter.
SECTION 8. Amends Subsection (a), Section 754.019, Health and Safety Code,
as follows:
Section 754.019. DUTIES OF REAL PROPERTIES OWNERS.
(a)(4) Requires the owner of real property on which an elevator, an
escalator, or related equipment covered by this subchapter is located to
display a copy of the certificate of compliance:
(A) in each elevator mechanical room
(B) in each escalator box
SECTION 9. Amends Subsection (a), and adds Subsections (f), (g), (h), (i),
Section 754.023, Health and Safety Code, as follows:
Section 754.023. INVESTIGATION; LICENSE PROCEEDINGS; INJUNCTION.
(a) Provides for the commissioner or the supervisor of elevator,
escalator, or related equipment inspections for the commission to
believe that an elevator, an escalator, or related equipment or real
property is dangerous or that an accident involving the machinery
occurred on the property and serious bodily injury or property damage
resulted, an employ of the commission may enter the property during
regular business hours after notice to the owner to investigate the
dangerous condition or accident at no cost to the owner.
(f) Allows an employee of the commission to disconnect power to or
lockout an elevator, escalator, or related equipment or issue a written
directive to a building owner to disconnect power to or lockout an
elevator , escalator, or related equipment if:
(1) it is determined that imminent and significant danger to elevator or
escalator passengers exists if that action is not taken immediately;
(2) the commissioner or person acting on behalf of the commissioner
approves in writing any disconnection of power to or lockout of the
elevator, escalator, or related equipment;
(3) the disconnection of power or lockout is limited to the elevator,
escalator, or related equipment posting imminent and significant danger;
and
(4) reasonable effort has been made to:
(A) notify the building owner or management of the imminent and
significant danger before the disconnection of power or lockout occurs;
(B) notify the owner or management of the cause of the imminent and
significant danger to passengers; and
(C) allow the owner or management to perform the disconnection of
power or lockout.
(g) Provides that an employee of the commission may disconnect power to
or lockout an elevator, escalator, or related equipment or issue a
written directive to the building owner or manager to perform the
disconnection of power or lockout if:
(1) an annual inspection has not been performed in more than 2 years;
(2) the elevator, escalator, or related equipment has been installed for
more than 2 years;
(3) the commission has given the building owner or manager 60 days
written notice by certified mail directing that the elevator, escalator,
or related equipment be inspected according to this subchapter;
(4) after the expiration of the notice period under Subdivision (3), the
commission has given written notice to the building owner or manager by
certified mail stating that a disconnection of power to or lockout of
the elevator, escalator, or related equipment will be made at the
commission's direction not less than seven days after the date on which
notice is delivered under this subdivision to the building owner or
manager; and
(5) the commission or the supervisor of elevator, escalator, or related
equipment inspections for the commission has approved the disconnection
of power to or lockout of the elevator, escalator, or related equipment
after the expiration of the notice period described by Subdivision (4).
(h) Provides for guidelines for reconnection upon disconnection under
Subsection (f):
(1) a registered elevator, escalator, or related equipment inspector,
service company, or a commission employee has given written verification
to the commission that the imminent and significant danger has been
removed by repair or replacement; and
(2) the building owner agrees in writing to pay not later than the 30th
day after the date on which the power is reconnected or the elevator,
escalator, or related equipment is unlocked any penalty imposed under
this chapter and to reimburse the commission for any expenses incurred
by the commission relating to the disconnection of power to or lockout
of the elevator, escalator, or related equipment.
(i) Prohibits power from being reconnected and the elevator, escalator,
or related equipment being unlocked, if a disconnection occurs under
Subsection (g), unless the building owner pays any penalty imposed under
this chapter and reimburses the commission for any expense incurred
by the commission.
SECTION 10. Repeals Subchapter A, Chapter 754, Health and Safety Code.
SECTION 11. Effective Date.
(a) September 1, 1997.
(b) Applicable only to investigations, license proceedings or
injunctions that occur after the effective date.
(c) Requires the commissioner to appoint additional public member no
later than January 1, 1998.
SECTION 12. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute adds language to the legislation that makes it conform with
the Code as originally written; adds "escalators, and related equipment"
throughout the bill, where necessary.
The substitute adds the language "applicable to an elevator or escalator
notwithstanding the date of installation, modernization, or alteration of
the elevator or escalator." in Section 1., to Section 754.011. (2) Health
and Safety Code, to make it conform with Section 754.011 (1).
The substitute adds language in Section 4. of the bill, to Section
754.015. RULES. (a) that requires the commission, to set rules for (7) the
municipal building inspection departments to notify applicants for
building permits of "the annual inspection requirements of this
subchapter" and the availability of commission staff for reviewing plans,
and (8) notifying building owners, architects, and other building industry
professionals to be notified of "the annual inspection requirements of
this subchapter" to ensure compliance with applicable standards.
Section 9. of the bill has been changed by the substitute, by adding
language in Section 754.023 (f)(2), Health and Safety Code, that provides
for the commission to disconnect power to machinery or issue written
directive to the building owner to disconnect or lockout the machinery if
the commissioner of inspections approves "in writing" any disconnection.