By Yarbrough H.B. No. 2208
75R6921 SKB-F
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 at the time of the elevator's
1-10 installation, modernization, or alteration.
1-11 (2) "ASME Code A17.3" means the American Society of
1-12 Mechanical Engineers Safety Code for Elevators and Escalators
1-13 A17.3.
1-14 (3) "Board" means the elevator advisory board.
1-15 (4) "Commission" means the Texas Commission of
1-16 Licensing and Regulation.
1-17 (5) "Commissioner" means the commissioner of licensing
1-18 and regulation.
1-19 (6) "Department" means the Texas Department of
1-20 Licensing and Regulation.
1-21 (7) "Modernization" or "alteration" means a
1-22 substantial change in the operation of the elevator. The term does
1-23 not include a change that is only cosmetic, decorative, or
1-24 nonfunctional or that does not require a municipal building permit.
2-1 (8) "Qualified historic building or facility" means a
2-2 building or facility that is:
2-3 (A) listed in or eligible for listing in the
2-4 National Register of Historic Places; or
2-5 (B) designated as a Recorded Texas Historic
2-6 Landmark or State Archeological Landmark.
2-7 (9) [(8)] "Related equipment" means automatic
2-8 equipment that is used to move a person in a manner that is similar
2-9 to that of an elevator or escalator and includes a moving sidewalk.
2-10 SECTION 2. Sections 754.012(a) and (e), Health and Safety
2-11 Code, are amended to read as follows:
2-12 (a) The elevator advisory board is composed of 12 [nine]
2-13 members appointed by the commissioner as follows:
2-14 (1) a representative of the insurance industry or a
2-15 certified elevator inspector;
2-16 (2) a representative of elevator, escalator, and
2-17 related equipment constructors;
2-18 (3) a representative of owners or managers of
2-19 buildings having fewer than six stories and having an elevator, an
2-20 escalator, or related equipment;
2-21 (4) a representative of owners or managers of
2-22 buildings having six stories or more and having an elevator, an
2-23 escalator, or related equipment;
2-24 (5) a representative of independent elevator,
2-25 escalator, and related equipment maintenance companies;
2-26 (6) a representative of elevator, escalator, and
2-27 related equipment manufacturers;
3-1 (7) a representative of professional engineers or
3-2 architects;
3-3 (8) four [a] public members [member]; and
3-4 (9) a public member with a physical disability.
3-5 (e) A board member serves without compensation [but is
3-6 entitled to reimbursement for travel and other necessary expenses
3-7 incurred in performing duties under this subchapter].
3-8 SECTION 3. Sections 754.014(b), (c), (i), and (k), Health
3-9 and Safety Code, are amended to read as follows:
3-10 (b) Standards adopted by the commissioner may not contain
3-11 requirements in addition to the requirements in the ASME Code A17.1
3-12 or ASME Code A17.3. The standards may not require sprinklers in
3-13 elevator shafts or elevator machine rooms.
3-14 (c) Standards adopted by the commissioner must require
3-15 elevators, escalators, and related equipment to comply with the
3-16 installation requirements of the following, whichever is the least
3-17 restrictive:
3-18 (1) the ASME Code A17.1 that was in effect on the date
3-19 of installation of the elevators, escalators, and related
3-20 equipment; or
3-21 (2) an applicable municipal ordinance in effect before
3-22 September 1, 1993, governing the installation of elevators,
3-23 escalators, and related equipment that was in effect on the date
3-24 of installation.
3-25 (i) This subchapter does not apply to an elevator, an
3-26 escalator, or related equipment [in an industrial facility, or] in
3-27 a grain silo, radio antenna, bridge tower, underground facility, or
4-1 dam, to which access is limited principally to employees who are
4-2 covered under workers' compensation insurance [of or working in
4-3 that facility or structure].
4-4 (k) For purposes of this section, the date of installation,
4-5 modernization, or alteration of an elevator, escalator, or related
4-6 equipment is the date that the owner of the real property entered
4-7 into a contract for the installation, modernization, or alteration
4-8 [purchase] of the elevators, escalators, or related equipment. If
4-9 that date cannot be established, the date of installation,
4-10 modernization, or alteration is the date of issuance of the
4-11 municipal building permit under which the elevators, escalators,
4-12 or related equipment was installed, modernized, or altered
4-13 [constructed] or, if a municipal building permit was not issued,
4-14 the date that electrical consumption began for the construction of
4-15 the building in which the elevators, escalators, or related
4-16 equipment was installed.
4-17 SECTION 4. Section 754.015, Health and Safety Code, is
4-18 amended to read as follows:
4-19 Sec. 754.015. RULES. (a) The commissioner by rule shall
4-20 provide for:
4-21 (1) the inspection and certification once each
4-22 calendar year of elevators, escalators, and related equipment
4-23 covered by standards adopted under this subchapter;
4-24 (2) the enforcement of those standards;
4-25 (3) the certification of qualified persons as
4-26 inspectors for the purposes of this subchapter; [and]
4-27 (4) the form of the inspection report and certificate
5-1 of compliance;
5-2 (5) the review of plans submitted to the commission
5-3 for the installation, modernization, or alteration of elevators;
5-4 (6) a fee schedule to pay for the commission's cost of
5-5 reviewing elevator plans by commission staff or independently
5-6 contracted reviewers;
5-7 (7) requesting municipal building inspection
5-8 departments to notify applicants for building permits of the
5-9 availability of commission staff for reviewing elevator plans;
5-10 (8) notifying building owners, architects, and other
5-11 building industry professionals of annual elevator inspections to
5-12 ensure compliance with applicable standards for elevator
5-13 installation, modernization, or alteration; and
5-14 (9) notifying architects and other building industry
5-15 professionals of the availability of commission staff for reviewing
5-16 elevator plans.
5-17 (b) The commissioner by rule may not require that:
5-18 (1) inspection be made more often than once per year
5-19 of elevators, escalators, and related equipment;
5-20 (2) persons post a bond or furnish insurance as a
5-21 condition of certification; [and]
5-22 (3) inspection reports or certificates of compliance
5-23 be placed in locations other than one provided in Section
5-24 754.019(4); or
5-25 (4) building owners or their representatives submit to
5-26 the commission for any purpose proposed plans for the installation,
5-27 modernization, or alteration of elevators.
6-1 SECTION 5. Section 754.016(b), Health and Safety Code, is
6-2 amended to read as follows:
6-3 (b) An inspector shall date and sign an inspection report
6-4 and shall issue the report to the building owner not later than 10
6-5 business days after the inspection. The inspection report shall be
6-6 on forms designated by the commissioner.
6-7 SECTION 6. Sections 754.017(a) and (c), Health and Safety
6-8 Code, are amended to read as follows:
6-9 (a) An inspector must register with the department, attend
6-10 an annual seminar provided by the commission, and be certified as
6-11 an ASME-QEI-1 inspector by an organization accredited by the
6-12 American Society of Mechanical Engineers. Any certification
6-13 charges or fees shall be paid by the inspector.
6-14 (c) The commission [commissioner] may charge a $25 [$15] fee
6-15 to certified inspectors for registering with the department.
6-16 SECTION 7. Section 754.018, Health and Safety Code, is
6-17 amended to read as follows:
6-18 Sec. 754.018. POWERS OF MUNICIPALITIES. If a municipality
6-19 operates a program for the inspection and certification of
6-20 elevators, escalators, elevator shafts, elevator or escalator
6-21 equipment rooms, and related equipment, this subchapter shall not
6-22 apply to elevators, escalators, elevator shafts, elevator or
6-23 escalator equipment rooms, and related equipment in that
6-24 municipality, provided that the standards of installation,
6-25 modernization, alteration, inspection, and certification are
6-26 equivalent to [no less stringent than] those contained in this
6-27 subchapter.
7-1 SECTION 8. Section 754.019(a), Health and Safety Code, is
7-2 amended to read as follows:
7-3 (a) The owner of real property on which an elevator, an
7-4 escalator, or related equipment covered by this subchapter is
7-5 located shall:
7-6 (1) have the elevator, escalator, or related equipment
7-7 inspected by an ASME-QEI-1 certified inspector in accordance with
7-8 the commissioner's rules;
7-9 (2) obtain an inspection report from the inspector
7-10 evidencing that all elevators, escalators, and related equipment in
7-11 a building on the real property were inspected in accordance with
7-12 this subchapter and rules adopted under this subchapter;
7-13 (3) file with the commissioner a copy of each
7-14 inspection report and a $20 filing fee for each report, plus $5 for
7-15 each elevator, escalator, or related equipment not later than the
7-16 60th day after the date on which an inspection is made under this
7-17 subchapter;
7-18 (4) display a copy of the certificate of compliance:
7-19 (A) in each [the] elevator mechanical room if
7-20 the certificate relates to an elevator;
7-21 (B) in each [the] escalator box if the
7-22 certificate relates to an escalator; or
7-23 (C) in a place designated by the commissioner if
7-24 the certificate relates to related equipment; and
7-25 (5) display the inspection report at the locations
7-26 designated in Subdivision (4) until a certificate of compliance is
7-27 issued by the commissioner.
8-1 SECTION 9. Section 754.023, Health and Safety Code, is
8-2 amended by amending Subsection (a) and adding Subsections (f), (g),
8-3 (h), and (i) to read as follows:
8-4 (a) If there is good cause for the commissioner or the
8-5 supervisor of elevator inspections for the commission to believe
8-6 that an elevator, an escalator, or related equipment on real
8-7 property is dangerous or that an accident involving an elevator, an
8-8 escalator, or related equipment occurred on the property and
8-9 serious bodily injury or property damage resulted, an employee of
8-10 the commission [the commissioner] may enter the property during
8-11 regular business hours after notice to the owner, operator, or
8-12 person in charge of the property to inspect the elevator,
8-13 escalator, or related equipment or investigate the dangerous
8-14 condition or accident at no cost to the owner.
8-15 (f) An employee of the commission may disconnect power to or
8-16 lockout an elevator or issue a written directive to a building
8-17 owner to disconnect power to or lockout an elevator if:
8-18 (1) an employee of the commission determines that
8-19 imminent and significant danger to elevator passengers exists if
8-20 that action is not taken immediately;
8-21 (2) the commissioner or the supervisor of elevator
8-22 inspections for the commission approves any disconnection of power
8-23 to or lockout of the elevator;
8-24 (3) the disconnection of power or lockout is limited
8-25 to the elevator posing imminent and significant danger; and
8-26 (4) reasonable effort has been made to notify the
8-27 building owner or management of the imminent and significant danger
9-1 before the disconnection of power or lockout occurs and to notify
9-2 the owner or management of the cause of the imminent and
9-3 significant danger to passengers to allow the owner to perform the
9-4 disconnection of power or lockout.
9-5 (g) An employee of the commission may disconnect power to or
9-6 lockout an elevator or issue a written directive to the building
9-7 owner or manager to perform the disconnection of power or lockout
9-8 if:
9-9 (1) an annual inspection has not been performed in
9-10 more than two years;
9-11 (2) the elevator has been installed for more than two
9-12 years;
9-13 (3) the commission has given the building owner or
9-14 manager 60 days written notice by certified mail directing that the
9-15 elevator be inspected according to this subchapter;
9-16 (4) after the expiration of the notice period under
9-17 Subdivision (3), the commission has given written notice to the
9-18 building owner or manager by certified mail stating that a
9-19 disconnection of power to or lockout of the elevator will be made
9-20 at the commission's direction not less than seven days after the
9-21 date on which notice is delivered under this subdivision to the
9-22 building owner or manager; and
9-23 (5) the commission or the supervisor of elevator
9-24 inspections for the commission has approved the disconnection of
9-25 power to or lockout of the elevator after the expiration of the
9-26 notice period described by Subdivision (4).
9-27 (h) If a disconnection of power to or lockout of an elevator
10-1 occurs under Subsection (f), power may not be reconnected and the
10-2 elevator may not be unlocked unless:
10-3 (1) a registered elevator inspector, an elevator
10-4 service company, or a commission employee has given written
10-5 verification to the commission that the imminent and significant
10-6 danger has been removed by repair or replacement; and
10-7 (2) the building owner agrees in writing to pay not
10-8 later than the 30th day after the date on which the power is
10-9 reconnected or the elevator is unlocked any penalty imposed under
10-10 this chapter and to reimburse the commission for any expenses
10-11 incurred by the commission relating to the disconnection of power
10-12 to or lockout of the elevator.
10-13 (i) If a disconnection of power to or lockout of an elevator
10-14 occurs under Subsection (g), power may not be reconnected and the
10-15 elevator may not be unlocked unless the building owner pays any
10-16 penalty imposed under this chapter and reimburses the commission
10-17 for any expenses incurred by the commission relating to the
10-18 disconnection of power to or lockout of the elevator.
10-19 SECTION 10. Subchapter A, Chapter 754, Health and Safety
10-20 Code, is repealed.
10-21 SECTION 11. (a) This Act takes effect September 1, 1997.
10-22 (b) This Act applies only to an investigation, license
10-23 proceeding, or injunction under Chapter 754, Health and Safety
10-24 Code, that occurs on or after the effective date of this Act.
10-25 (c) The commissioner of licensing and regulation shall
10-26 appoint three additional public members to the elevator advisory
10-27 board as required by Section 754.012, Health and Safety Code, as
11-1 amended by this Act, not later than January 1, 1998.
11-2 SECTION 12. The importance of this legislation and the
11-3 crowded condition of the calendars in both houses create an
11-4 emergency and an imperative public necessity that the
11-5 constitutional rule requiring bills to be read on three several
11-6 days in each house be suspended, and this rule is hereby suspended.