75R11697 SKB-D
By Yarbrough H.B. No. 2208
Substitute the following for H.B. No. 2208:
By Yarbrough C.S.H.B. No. 2208
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to elevators, escalators, and related equipment.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 754.011, Health and Safety Code, is
1-5 amended to read as follows:
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 A17.1
1-9 applicable to an elevator or escalator at the time of the
1-10 installation, modernization, or alteration of the elevator or
1-11 escalator.
1-12 (2) "ASME Code A17.3" means the American Society of
1-13 Mechanical Engineers Safety Code for Elevators and Escalators A17.3
1-14 applicable to an elevator or escalator notwithstanding the date of
1-15 installation, modernization, or alteration of the elevator or
1-16 escalator.
1-17 (3) "Board" means the elevator advisory board.
1-18 (4) "Commission" means the Texas Commission of
1-19 Licensing and Regulation.
1-20 (5) "Commissioner" means the commissioner of licensing
1-21 and regulation.
1-22 (6) "Department" means the Texas Department of
1-23 Licensing and Regulation.
1-24 (7) "Modernization" or "alteration" means a
2-1 substantial change in the operation of an elevator or escalator.
2-2 The term does not include a change that is only cosmetic,
2-3 decorative, or nonfunctional or that does not require a municipal
2-4 building permit.
2-5 (8) "Qualified historic building or facility" means a
2-6 building or facility that is:
2-7 (A) listed in or eligible for listing in the
2-8 National Register of Historic Places; or
2-9 (B) designated as a Recorded Texas Historic
2-10 Landmark or State Archeological Landmark.
2-11 (9) [(8)] "Related equipment" means automatic
2-12 equipment that is used to move a person in a manner that is similar
2-13 to that of an elevator or escalator and includes a moving sidewalk.
2-14 SECTION 2. Sections 754.012(a) and (e), Health and Safety
2-15 Code, are amended to read as follows:
2-16 (a) The elevator advisory board is composed of 12 [nine]
2-17 members appointed by the commissioner as follows:
2-18 (1) a representative of the insurance industry or a
2-19 certified elevator inspector;
2-20 (2) a representative of elevator, escalator, and
2-21 related equipment constructors;
2-22 (3) a representative of owners or managers of
2-23 buildings having fewer than six stories and having an elevator, an
2-24 escalator, or related equipment;
2-25 (4) a representative of owners or managers of
2-26 buildings having six stories or more and having an elevator, an
2-27 escalator, or related equipment;
3-1 (5) a representative of independent elevator,
3-2 escalator, and related equipment maintenance companies;
3-3 (6) a representative of elevator, escalator, and
3-4 related equipment manufacturers;
3-5 (7) a representative of professional engineers or
3-6 architects;
3-7 (8) four [a] public members [member]; and
3-8 (9) a public member with a physical disability.
3-9 (e) A board member serves without compensation [but is
3-10 entitled to reimbursement for travel and other necessary expenses
3-11 incurred in performing duties under this subchapter].
3-12 SECTION 3. Sections 754.014(b), (c), and (k), Health and
3-13 Safety Code, are amended to read as follows:
3-14 (b) Standards adopted by the commissioner may not contain
3-15 requirements in addition to the requirements in the ASME Code A17.1
3-16 or ASME Code A17.3. The standards may not require sprinklers in
3-17 elevator shafts or elevator machine rooms.
3-18 (c) Standards adopted by the commissioner must require
3-19 elevators, escalators, and related equipment to comply with the
3-20 installation requirements of the following, whichever is the least
3-21 restrictive:
3-22 (1) the ASME Code A17.1 that was in effect on the date
3-23 of installation of the elevators, escalators, and related
3-24 equipment; or
3-25 (2) an applicable municipal ordinance in effect before
3-26 September 1, 1993, governing the installation of elevators,
3-27 escalators, and related equipment that was in effect on the date
4-1 of installation.
4-2 (k) For purposes of this section, the date of installation,
4-3 modernization, or alteration of an elevator, escalator, or related
4-4 equipment is the date that the owner of the real property entered
4-5 into a contract for the installation, modernization, or alteration
4-6 [purchase] of the elevators, escalators, or related equipment. If
4-7 that date cannot be established, the date of installation,
4-8 modernization, or alteration is the date of issuance of the
4-9 municipal building permit under which the elevators, escalators, or
4-10 related equipment was installed, modernized, or altered
4-11 [constructed] or, if a municipal building permit was not issued,
4-12 the date that electrical consumption began for the construction of
4-13 the building in which the elevators, escalators, or related
4-14 equipment was installed.
4-15 SECTION 4. Section 754.015, Health and Safety Code, is
4-16 amended to read as follows:
4-17 Sec. 754.015. RULES. (a) The commissioner by rule shall
4-18 provide for:
4-19 (1) the inspection and certification once each
4-20 calendar year of elevators, escalators, and related equipment
4-21 covered by standards adopted under this subchapter;
4-22 (2) the enforcement of those standards;
4-23 (3) the certification of qualified persons as
4-24 inspectors for the purposes of this subchapter; [and]
4-25 (4) the form of the inspection report and certificate
4-26 of compliance;
4-27 (5) the review of plans submitted to the commission
5-1 for the installation, modernization, or alteration of elevators,
5-2 escalators, or related equipment;
5-3 (6) a fee schedule to pay for the commission's cost of
5-4 reviewing elevator, escalator, or related equipment plans by
5-5 commission staff or independently contracted reviewers;
5-6 (7) requesting municipal building inspection
5-7 departments to notify applicants for building permits of the annual
5-8 inspection requirements of this subchapter and the availability of
5-9 commission staff for reviewing elevator, escalator, or related
5-10 equipment plans;
5-11 (8) notifying building owners, architects, and other
5-12 building industry professionals of the annual inspection
5-13 requirements of this subchapter to ensure compliance with
5-14 applicable standards for elevator, escalator, or related equipment
5-15 installation, modernization, or alteration; and
5-16 (9) notifying architects and other building industry
5-17 professionals of the availability of commission staff for reviewing
5-18 elevator, escalator, or related equipment plans.
5-19 (b) The commissioner by rule may not require that:
5-20 (1) inspection be made more often than once per year
5-21 of elevators, escalators, and related equipment;
5-22 (2) persons post a bond or furnish insurance as a
5-23 condition of certification; [and]
5-24 (3) inspection reports or certificates of compliance
5-25 be placed in locations other than one provided in Section
5-26 754.019(4); or
5-27 (4) building owners or their representatives submit to
6-1 the commission for any purpose proposed plans for the installation,
6-2 modernization, or alteration of elevators, escalators, or related
6-3 equipment.
6-4 SECTION 5. Section 754.016(b), Health and Safety Code, is
6-5 amended to read as follows:
6-6 (b) An inspector shall date and sign an inspection report
6-7 and shall issue the report to the building owner not later than 10
6-8 business days after the inspection. The inspection report shall be
6-9 on forms designated by the commissioner.
6-10 SECTION 6. Sections 754.017(a) and (c), Health and Safety
6-11 Code, are amended to read as follows:
6-12 (a) An inspector must register with the department, attend
6-13 an annual seminar provided by the commission, and be certified as
6-14 an ASME-QEI-1 inspector by an organization accredited by the
6-15 American Society of Mechanical Engineers. Any certification
6-16 charges or fees shall be paid by the inspector.
6-17 (c) The commission [commissioner] may charge a $25 [$15] fee
6-18 to certified inspectors for registering with the department.
6-19 SECTION 7. Section 754.018, Health and Safety Code, is
6-20 amended to read as follows:
6-21 Sec. 754.018. POWERS OF MUNICIPALITIES. If a municipality
6-22 operates a program for the inspection and certification of
6-23 elevators, escalators, elevator shafts, elevator or escalator
6-24 equipment rooms, and related equipment, this subchapter shall not
6-25 apply to elevators, escalators, elevator shafts, elevator or
6-26 escalator equipment rooms, and related equipment in that
6-27 municipality, provided that the standards of installation,
7-1 modernization, alteration, inspection, and certification are
7-2 equivalent to [no less stringent than] those contained in this
7-3 subchapter.
7-4 SECTION 8. Section 754.019(a), Health and Safety Code, is
7-5 amended to read as follows:
7-6 (a) The owner of real property on which an elevator, an
7-7 escalator, or related equipment covered by this subchapter is
7-8 located shall:
7-9 (1) have the elevator, escalator, or related equipment
7-10 inspected by an ASME-QEI-1 certified inspector in accordance with
7-11 the commissioner's rules;
7-12 (2) obtain an inspection report from the inspector
7-13 evidencing that all elevators, escalators, and related equipment in
7-14 a building on the real property were inspected in accordance with
7-15 this subchapter and rules adopted under this subchapter;
7-16 (3) file with the commissioner a copy of each
7-17 inspection report and a $20 filing fee for each report, plus $5 for
7-18 each elevator, escalator, or related equipment not later than the
7-19 60th day after the date on which an inspection is made under this
7-20 subchapter;
7-21 (4) display a copy of the certificate of compliance:
7-22 (A) in each [the] elevator mechanical room if
7-23 the certificate relates to an elevator;
7-24 (B) in each [the] escalator box if the
7-25 certificate relates to an escalator; or
7-26 (C) in a place designated by the commissioner if
7-27 the certificate relates to related equipment; and
8-1 (5) display the inspection report at the locations
8-2 designated in Subdivision (4) until a certificate of compliance is
8-3 issued by the commissioner.
8-4 SECTION 9. Section 754.023, Health and Safety Code, is
8-5 amended by amending Subsection (a) and adding Subsections (f), (g),
8-6 (h), and (i) to read as follows:
8-7 (a) If there is good cause for the commissioner or the
8-8 supervisor of elevator, escalator, or related equipment inspections
8-9 for the commission to believe that an elevator, an escalator, or
8-10 related equipment on real property is dangerous or that an accident
8-11 involving an elevator, an escalator, or related equipment occurred
8-12 on the property and serious bodily injury or property damage
8-13 resulted, an employee of the commission [the commissioner] may
8-14 enter the property during regular business hours after notice to
8-15 the owner, operator, or person in charge of the property to inspect
8-16 the elevator, escalator, or related equipment or investigate the
8-17 dangerous condition or accident at no cost to the owner.
8-18 (f) An employee of the commission may disconnect power to or
8-19 lockout an elevator, escalator, or related equipment or issue a
8-20 written directive to a building owner to disconnect power to or
8-21 lockout an elevator, escalator, or related equipment if:
8-22 (1) an employee of the commission determines that
8-23 imminent and significant danger to elevator or escalator passengers
8-24 exists if that action is not taken immediately;
8-25 (2) the commissioner or the supervisor of elevator,
8-26 escalator, or related equipment inspections for the commission
8-27 approves in writing any disconnection of power to or lockout of
9-1 the elevator, escalator, or related equipment;
9-2 (3) the disconnection of power or lockout is limited
9-3 to the elevator, escalator, or related equipment posing imminent
9-4 and significant danger; and
9-5 (4) reasonable effort has been made to:
9-6 (A) notify the building owner or management of
9-7 the imminent and significant danger before the disconnection of
9-8 power or lockout occurs;
9-9 (B) notify the owner or management of the cause
9-10 of the imminent and significant danger to passengers; and
9-11 (C) allow the owner or management to perform the
9-12 disconnection of power or lockout.
9-13 (g) An employee of the commission may disconnect power to or
9-14 lockout an elevator, escalator, or related equipment or issue a
9-15 written directive to the building owner or manager to perform the
9-16 disconnection of power or lockout if:
9-17 (1) an annual inspection has not been performed in
9-18 more than two years;
9-19 (2) the elevator, escalator, or related equipment has
9-20 been installed for more than two years;
9-21 (3) the commission has given the building owner or
9-22 manager 60 days written notice by certified mail directing that the
9-23 elevator, escalator, or related equipment be inspected according to
9-24 this subchapter;
9-25 (4) after the expiration of the notice period under
9-26 Subdivision (3), the commission has given written notice to the
9-27 building owner or manager by certified mail stating that a
10-1 disconnection of power to or lockout of the elevator, escalator, or
10-2 related equipment will be made at the commission's direction not
10-3 less than seven days after the date on which notice is delivered
10-4 under this subdivision to the building owner or manager; and
10-5 (5) the commission or the supervisor of elevator,
10-6 escalator, or related equipment inspections for the commission has
10-7 approved the disconnection of power to or lockout of the elevator,
10-8 escalator, or related equipment after the expiration of the notice
10-9 period described by Subdivision (4).
10-10 (h) If a disconnection of power to or lockout of an
10-11 elevator, escalator, or related equipment occurs under Subsection
10-12 (f), power may not be reconnected and the elevator, escalator, or
10-13 related equipment may not be unlocked unless:
10-14 (1) a registered elevator, escalator, or related
10-15 equipment inspector, service company, or a commission employee has
10-16 given written verification to the commission that the imminent and
10-17 significant danger has been removed by repair or replacement; and
10-18 (2) the building owner agrees in writing to pay not
10-19 later than the 30th day after the date on which the power is
10-20 reconnected or the elevator, escalator, or related equipment is
10-21 unlocked any penalty imposed under this chapter and to reimburse
10-22 the commission for any expenses incurred by the commission relating
10-23 to the disconnection of power to or lockout of the elevator,
10-24 escalator, or related equipment.
10-25 (i) If a disconnection of power to or lockout of an
10-26 elevator, escalator, or related equipment occurs under Subsection
10-27 (g), power may not be reconnected and the elevator, escalator, or
11-1 related equipment may not be unlocked unless the building owner
11-2 pays any penalty imposed under this chapter and reimburses the
11-3 commission for any expenses incurred by the commission relating to
11-4 the disconnection of power to or lockout of the elevator,
11-5 escalator, or related equipment.
11-6 SECTION 10. Subchapter A, Chapter 754, Health and Safety
11-7 Code, is repealed.
11-8 SECTION 11. (a) This Act takes effect September 1, 1997.
11-9 (b) This Act applies only to an investigation, license
11-10 proceeding, or injunction under Chapter 754, Health and Safety
11-11 Code, that occurs on or after the effective date of this Act.
11-12 (c) The commissioner of licensing and regulation shall
11-13 appoint three additional public members to the elevator advisory
11-14 board as required by Section 754.012, Health and Safety Code, as
11-15 amended by this Act, not later than January 1, 1998.
11-16 SECTION 12. The importance of this legislation and the
11-17 crowded condition of the calendars in both houses create an
11-18 emergency and an imperative public necessity that the
11-19 constitutional rule requiring bills to be read on three several
11-20 days in each house be suspended, and this rule is hereby suspended.