SRC-SLL H.B. 3547 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3547
By: Yarbrough (Barrientos)
Economic Development
5/14/1999
Engrossed


DIGEST 

Current law requires all elevators and escalators to be inspected annually
and to comply with American Society of Mechanical Engineers Safety Code
(ASME) safety standards. There are concerns that some owners are
disregarding the statutes and not performing annual inspections; building
owners are unable to get advance approval for an elevator or escalator from
the Texas Department of Licensing and Regulation (department); some
provisions of the current statute are unclear; some owners are abusing the
right to obtain a delay for compliance; the statute's provision for waiver
of compliance is too broad; the department lacks adequate procedures to
compel compliance; the statutory cap for inspector fees is inequitable; and
a few cities have their own elevator and inspection standards. H.B. 3547
amends current elevator and escalator safety regulations relating to the
composition and compensation of the elevator advisory board (board), safety
standards, and exemptions from safety standards noncompliance. This bill
requires the commissioner of licensing and regulation (commissioner) to
adopt rules relating to the review of elevator building plans, fee
schedules, and the reinspection and recertification of elevators and
escalators. This bill requires the commissioner to appoint qualified
elevator inspectors and sets forth inspectors' duties. In addition,
H.B.3547 provides the Texas Commission on Licensing and Regulation certain
remedies if it is determined that an elevator poses imminent and
significant danger to its passengers.  

PURPOSE

As proposed, H.B. 3547 relates to elevators, escalators, and related
equipment. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of licensing and
regulation in SECTION  5 (Section 754.015, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 754.011, Health and Safety Code, as follows: 

Sec. 754.011. DEFINITIONS. Defines "acceptance inspection" and "alteration"
and redefines "ASME Code A17.3" and "related equipment."  Redesignates
existing Subsections (2)-(8) to Subsections (4)-(10).  

SECTION 2. Amends Section 754.0111, Health and Safety Code, to provide that
this subchapter does not apply to an elevator that serves only a single
dwelling. Provides that until January 1, 2010, this subchapter does not
apply to an elevator, escalator, or related equipment in a private building
for a labor union, trade association, private club, or charitable
organization that has two or fewer floors.  

SECTION 3. Amends Sections 754.012(a) and (e), Health and Safety Code, to
provide that the elevator advisory board is composed of 12 members, rather
than nine members. Provides that four of the members, rather than one
member, are public members appointed by the commissioner of licensing and
regulation (commissioner). Deletes language entitling a board member to
reimbursement for travel and other necessary expenses incurred in
performing duties under this subchapter.  
 
SECTION 4. Amends Sections 754.014(b), (c), (e), (h), (i), and (k), Health
and Safety Code, to prohibit the standards adopted by the commissioner from
containing requirements in addition to the requirements in the 1994 ASME
Code A17.3 or from requiring sprinklers in an elevator hoistway, pit, or
machine room. Requires the standards to allow alteration of existing
elevators, escalators, or related equipment as long as the alteration does
not diminish the level of safety below that which was required for the
elevators, escalators, or related equipment under this subchapter at the
time of the alteration. Provides that standards adopted by the commissioner
must require elevators, escalators, and related equipment to comply with
the installation requirements of the following, whichever is the least
restrictive: (1) the ASME Code A17.1 that was in effect on the date of
installation of the elevators, escalators, and related equipment; or (2) an
applicable municipal ordinance in effect before September 1, 1993,
governing the installation, alteration, inspection, and certification,
rather than an applicable municipal ordinance governing of elevators,
escalators, and related equipment that was in effect on the date of
installation. Prohibits the granting of a delay if it allows an imminent
and significant danger to continue or if it allows compliance beyond the
specified deadline for the compliance contained in an earlier delay granted
by the commissioner, unless the commissioner determines there is good cause
for the further delay. Requires the commissioner to grant a waiver of
compliance with an applicable ASME Code A17.1 provision if the
noncompliance resulted from compliance with a municipal elevator or
escalator construction code at the time of original construction and the
noncompliance poses no imminent and significant danger. Requires, rather
than authorizes, the commissioner to grant a waiver of compliance with the
firefighter's service provisions of the ASME Code A17.1 or the 1994 ASME
Code A17.3 in an elevator that exclusively serves a vehicle parking garage
in specified buildings.  Provides that this subchapter does not apply to an
elevator, escalator, or related equipment in an industrial facility, grain
silo, radio antenna, bridge tower, underground facility, or dam, to which
access is limited principally to employees who are covered under workers'
compensation insurance carried by the owner or tenant of the building or
structure, rather than employees of or working in that facility or
structure.  Provides that for purposes of this section, the date of
alteration of an elevator, an escalator, or related equipment is the date
that the owner of the real property entered into a contract for the
installation or alteration of an elevator, an escalator, or related
equipment. Deletes language providing that for purposes of this section,
the date of  installation is the date that the owner of the real property
entered into a contract for the purchase of the elevators, escalators, or
related equipment. Makes conforming and nonsubstantive changes.  

SECTION 5. Amends Section 754.015, Health and Safety Code, to require the
commissioner, by rule, to provide for the review of plans submitted by
building owners to the Texas Commission of Licensing and Regulation
(commission) for the installation or alteration of elevators or escalators;
a fee schedule to charge for acceptance inspections and plan reviews
performed by commission staff and requested by building owners; requesting
municipal building inspection departments to notify applicants for building
permits of the availability of commission staff for reviewing elevator
plans and performing acceptance inspections; and notifying building owners,
architects, and other building industry professionals regarding the
necessity of annual inspections of elevators, escalators, and related
equipment and the availability of commission staff for reviewing elevator
and escalator plans and performing acceptance inspections, in addition to
other requirements.  Prohibits the commissioner by rule from requiring that
inspection be made more often than once per year of elevators, escalators,
and related equipment, except as provided by Subsection (c); or that
building owners submit to the commission proposed plans for the
installation or alteration of elevators. Deletes language prohibiting the
commissioner by rule from requiring inspection reports or certificates of
compliance be placed in locations other than one provided in Section
754.019 (Duties of Real Property Owners).  Authorizes the commissioner, by
rule, to allow the chief inspector of elevators to require a reinspection
and recertification of an elevator or escalator in the same year if an
annual certification report filed with the commission indicates a condition
that continues to exist according to the report and continues to be a
significant threat to passenger safety in the reasonable judgment of the
chief inspector.  

SECTION 6. Amends Section 754.016(b), Health and Safety Code, to require an
inspector to date and sign an inspection report and to issue the report to
the building owner no later than the 10th business day after the date of
inspection.  

SECTION 7. Amends Sections 754.017(a) and (c), Health and Safety Code, to
provide that an  inspector must attend an annual seminar provided by the
commission, in addition to being registered with the department and being
certified as an ASME-QEI-1 inspector by an organization accredited by the
American Society of Mechanical Engineers. Authorizes the commission, rather
than the commissioner, to charge a $25 fee, rather than a $15 fee, to
certified inspectors for registering with the department.  

SECTION 8. Amends Section 754.0171, Health and Safety Code, to delete
language prohibiting a person inspecting an elevator, escalator, or related
equipment under this subchapter from charging for inspection more than $65
per elevator cab or per escalator. Makes a nonsubstantive change.
Redesignates existing Subsection (b) to Subsection (a).  

SECTION 9. Amends Subchapter B, Chapter 754, Health and Safety Code, by
adding Section 754.0172, as follows:  

Sec. 754.0172. APPOINTMENT OF PERSONNEL.  Requires the commissioner to
appoint a chief of elevator inspections to administer this subchapter.
Provides that the chief inspector must be a resident of this state and a
citizen of the United States; have at least five years' experience in the
construction, installation, inspection, operation, maintenance, and repair
of elevators; not have a commercial interest in the manufacture,
maintenance, repair, or sale of elevators, escalators, or related
equipment; and possess an ASME-QEI-1 certification or obtain the
certification within six months after becoming chief inspector.  Requires
the commissioner to appoint ASME-QEI-1 certified elevator inspectors to
serve as deputy inspectors. Requires deputy inspectors to be responsible
for accident investigations, plan reviews, and acceptance inspections
requested by building owners and to perform other duties assigned by the
chief inspector of elevators consistent with this subchapter.  

SECTION 10. Amends Section 754.018, Health and Safety Code, as follows:

Sec. 754.018. POWERS OF MUNICIPALITIES.  Provides that this subchapter does
not apply to elevators, escalators, and related equipment in a municipality
that operates a program for the installation, alteration, inspection, or
certification of elevators, escalators, or related equipment if the
municipality's standards of installation, alteration, inspection, and
certification are equivalent to, rather than no less stringent than, those
contained in this subchapter, subject to Subsections (b) and (c) and
Section 754.014(h).  Prohibits a municipality from requiring sprinklers in
an elevator hoistway, pit, or machine room. Prohibits a municipality from
operating a program for installation, alteration, inspection, or
certification of elevators, escalators, and related equipment after January
1, 2010. Authorizes a municipality to elect to cease operation of a program
for installation, alteration, inspection, or certification sooner than
January 1, 2010. Provides that this section does not prevent a municipality
from enforcing building codes that do not exceed or conflict with
applicable provisions of ASME Code A17.1 and 1994ASME Code A17.3.  

SECTION 11. Amends Section 754.019(a), Health and Safety Code, to require
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, rather than the certificate itself, in specified
areas.  

SECTION 12. Amends Section 754.021, Health and Safety Code, to require the
commissioner, rather than authorize the commissioner, to employ personnel
who are necessary to enforce this subchapter and who are required to be
supervised by the chief inspector of elevators.  

SECTION 13. Amends Section 754.023, Health and Safety Code, by amending
Subsection (a) and adding Subsections (f)-(i), to authorize an employee of
the commission, rather than the commission, if there is good reason for a
chief of elevator inspections to believe that an elevator, an escalator, or
related equipment on real property poses an imminent and significant
danger, to enter the property during regular business hours after notice to
the owner, operator, or person in charge of the property to inspect the
elevator, escalator, or related equipment or investigate the danger or
accident at no cost to the owner.  Authorizes an employee of the commission
to disconnect power to or lockout an elevator or issue a written directive
to a building owner or manager to disconnect power to or lockout  an
elevator in specified circumstances. Authorizes an employee of the
commission to disconnect power to or lockout an elevator or issue a written
directive to the building owner or manager to perform the disconnection of
power or lockout in specified circumstances.  Prohibits the reconnection of
power to an elevator and the unlocking of an elevator unless a registered
elevator inspector, an elevator 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 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 is unlocked, any
penalty imposed under this subchapter and to reimburse the commission for
any expenses incurred by the commission relating to the disconnection of
power to or lockout of the elevator. Prohibits the reconnection of power to
an elevator and the unlocking of an elevator unless the building owner pays
any penalty imposed under this subchapter and reimburses the commission for
any expenses incurred by the commission relating to the disconnection of
power to or lockout of the elevator if a disconnection of power to or
lockout of an elevator occurs under Subsection (g).  

SECTION 14. Repealer: Subchapter A, Chapter 754, Health and Safety Code
(Elevators, Escalators, and Related Equipment).  

SECTION 15. (a) Effective date: September 1, 1999. Makes application of
this Act prospective. Requires the commissioner of licensing and regulation
to appoint three additional public members to the elevator advisory board
as required by Section 754.012, Health and Safety Code (Elevator Advisory
Board), as amended by this Act, not later than January 1, 1999.  

SECTION 16.  Emergency clause.