By Yarbrough H.B. No. 3547
76R5874 JRD-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) "Acceptance inspection" means an inspection of an
1-8 elevator or escalator and related equipment that is performed on
1-9 behalf of the owner at the completion of the initial installation
1-10 of the elevator or escalator and related equipment to assure the
1-11 owner that the elevator or escalator and related equipment have
1-12 been installed in accordance with applicable law.
1-13 (2) "Alteration" means a change in or modernization of
1-14 an existing elevator, escalator, or related equipment.
1-15 (3) "ASME Code A17.1" means the American Society of
1-16 Mechanical Engineers Safety Code for Elevators and Escalators
1-17 A17.1.
1-18 (4) [(2)] "ASME Code A17.3" means the 1994 American
1-19 Society of Mechanical Engineers Safety Code for Elevators and
1-20 Escalators A17.3.
1-21 (5) [(3)] "Board" means the elevator advisory board.
1-22 (6) [(4)] "Commission" means the Texas Commission of
1-23 Licensing and Regulation.
1-24 (7) [(5)] "Commissioner" means the commissioner of
2-1 licensing and regulation.
2-2 (8) [(6)] "Department" means the Texas Department of
2-3 Licensing and Regulation.
2-4 (9) [(7)] "Qualified historic building or facility"
2-5 means a building or facility that is:
2-6 (A) listed in or eligible for listing in the
2-7 National Register of Historic Places; or
2-8 (B) designated as a Recorded Texas Historic
2-9 Landmark or State Archeological Landmark.
2-10 (10) [(8)] "Related equipment" means:
2-11 (A) automatic equipment that is used to move a
2-12 person in a manner that is similar to that of an elevator, [or]
2-13 escalator, or [and includes a] moving sidewalk; and
2-14 (B) hoistways, pits, and machine rooms for the
2-15 equipment.
2-16 SECTION 2. Section 754.0111, Health and Safety Code, is
2-17 amended to read as follows:
2-18 Sec. 754.0111. EXEMPTION. This subchapter does not apply to
2-19 an elevator that serves only a single dwelling. Until January 1,
2-20 2010, this subchapter does not apply to an elevator, escalator, or
2-21 related equipment in a private building for a labor union, trade
2-22 association, private club, or charitable organization that has two
2-23 or fewer floors.
2-24 SECTION 3. Sections 754.012(a) and (e), Health and Safety
2-25 Code, are amended to read as follows:
2-26 (a) The elevator advisory board is composed of 12 [nine]
2-27 members appointed by the commissioner as follows:
3-1 (1) a representative of the insurance industry or a
3-2 certified elevator inspector;
3-3 (2) a representative of elevator, escalator, and
3-4 related equipment constructors;
3-5 (3) a representative of owners or managers of
3-6 buildings having fewer than six stories and having an elevator, an
3-7 escalator, or related equipment;
3-8 (4) a representative of owners or managers of
3-9 buildings having six stories or more and having an elevator, an
3-10 escalator, or related equipment;
3-11 (5) a representative of independent elevator,
3-12 escalator, and related equipment maintenance companies;
3-13 (6) a representative of elevator, escalator, and
3-14 related equipment manufacturers;
3-15 (7) a representative of professional engineers or
3-16 architects;
3-17 (8) four [a] public members [member]; and
3-18 (9) a public member with a physical disability.
3-19 (e) A board member serves without compensation [but is
3-20 entitled to reimbursement for travel and other necessary expenses
3-21 incurred in performing duties under this subchapter].
3-22 SECTION 4. Sections 754.014(b), (c), (e), (h), (i), and (k),
3-23 Health and Safety Code, are amended to read as follows:
3-24 (b) Standards adopted by the commissioner may not contain
3-25 requirements in addition to the requirements in the ASME Code A17.1
3-26 or 1994 ASME Code A17.3. The standards may not require sprinklers
3-27 in an elevator hoistway, pit, or machine room. The standards shall
4-1 allow alteration of existing elevators, escalators, or related
4-2 equipment as long as the alteration does not diminish the level of
4-3 safety below that which was required for the elevators, escalators,
4-4 or related equipment under this subchapter at the time of the
4-5 alteration.
4-6 (c) Standards adopted by the commissioner must require
4-7 elevators, escalators, and related equipment to comply with the
4-8 installation requirements of the following, whichever is the least
4-9 restrictive:
4-10 (1) the ASME Code A17.1 that was in effect on the date
4-11 of installation of the elevators, escalators, and related
4-12 equipment; or
4-13 (2) an applicable municipal ordinance in effect before
4-14 September 1, 1993, governing the installation, alteration,
4-15 inspection, and certification of elevators, escalators, and related
4-16 equipment that was in effect on the date of installation.
4-17 (e) On written request and subject to this subsection, the
4-18 commissioner shall grant a delay for compliance with the applicable
4-19 ASME Code A17.1 or the 1994 ASME Code A17.3 until a specified time
4-20 if compliance is not readily achievable, as that phrase is defined
4-21 in the Americans with Disabilities Act (42 U.S.C. Section 12101 et
4-22 seq.), or regulations adopted under that Act. A delay may not be
4-23 granted if it allows an imminent and significant danger to
4-24 continue. A delay may not be granted if it allows compliance
4-25 beyond the specified deadline for the compliance contained in an
4-26 earlier delay granted by the commissioner unless the commissioner
4-27 determines there is good cause for the further delay.
5-1 (h) The commissioner shall grant a waiver of compliance with
5-2 an applicable ASME Code A17.1 provision if the noncompliance
5-3 resulted from compliance with a municipal elevator or escalator
5-4 construction code at the time of original construction and the
5-5 noncompliance poses no imminent and significant danger. The
5-6 commissioner shall [may] grant a waiver of compliance with the
5-7 firefighter's service provisions of the ASME Code A17.1 or the 1994
5-8 ASME Code A17.3 in an elevator that exclusively serves a vehicle
5-9 parking garage in a building that:
5-10 (1) is used only for parking;
5-11 (2) is constructed of noncombustible materials; and
5-12 (3) is not greater than 75 feet in height.
5-13 (i) This subchapter does not apply to an elevator, [an]
5-14 escalator, or related equipment in an industrial facility, [or in
5-15 a] grain silo, radio antenna, bridge tower, underground facility,
5-16 or dam, to which access is limited principally to employees who are
5-17 covered under workers' compensation insurance carried by the owner
5-18 or tenant of the building or structure [of or working in that
5-19 facility or structure].
5-20 (k) For purposes of this section, the date of installation
5-21 or alteration of an elevator, an escalator, or related equipment is
5-22 the date that the owner of the real property entered into a
5-23 contract for the installation or alteration of an elevator, an
5-24 escalator, [purchase of the elevators, escalators,] or related
5-25 equipment. If that date cannot be established, the date of
5-26 installation or alteration is the date of issuance of the municipal
5-27 building permit under which the elevator, escalator [elevators,
6-1 escalators], or related equipment was installed or altered
6-2 [constructed] or, if a municipal building permit was not issued,
6-3 the date that electrical consumption began for the construction of
6-4 the building in which the elevator, escalator [elevators,
6-5 escalators], or related equipment was installed.
6-6 SECTION 5. Section 754.015, Health and Safety Code, is
6-7 amended to read as follows:
6-8 Sec. 754.015. RULES. (a) The commissioner by rule shall
6-9 provide for:
6-10 (1) the inspection and certification once each
6-11 calendar year of elevators, escalators, and related equipment
6-12 covered by standards adopted under this subchapter;
6-13 (2) the enforcement of those standards;
6-14 (3) the certification of qualified persons as
6-15 inspectors for the purposes of this subchapter; [and]
6-16 (4) the form of the inspection report and certificate
6-17 of compliance;
6-18 (5) the review of plans submitted by building owners
6-19 to the commission for the installation or alteration of elevators
6-20 or escalators;
6-21 (6) a fee schedule to charge for acceptance
6-22 inspections and plan reviews performed by commission staff and
6-23 requested by building owners;
6-24 (7) requesting municipal building inspection
6-25 departments to notify applicants for building permits of the
6-26 availability of commission staff for reviewing elevator plans and
6-27 performing acceptance inspections; and
7-1 (8) notifying building owners, architects, and other
7-2 building industry professionals regarding the necessity of annual
7-3 inspections of elevators, escalators, and related equipment and the
7-4 availability of commission staff for reviewing elevator and
7-5 escalator plans and performing acceptance inspections.
7-6 (b) The commissioner by rule may not require that:
7-7 (1) inspection be made more often than once per year
7-8 of elevators, escalators, and related equipment, except as provided
7-9 by Subsection (c);
7-10 (2) persons post a bond or furnish insurance as a
7-11 condition of certification; [and]
7-12 (3) inspection reports or certificates of compliance
7-13 be placed in locations other than one provided in Section
7-14 754.019(a)(4); or
7-15 (4) building owners submit to the commission proposed
7-16 plans for the installation or alteration of elevators [754.019(4)].
7-17 (c) The commissioner by rule may allow the chief inspector
7-18 of elevators to require a reinspection and recertification of an
7-19 elevator or escalator in the same year if an annual certification
7-20 report filed with the commission indicates a condition that:
7-21 (1) continues to exist according to the report; and
7-22 (2) continues to be a significant threat to passenger
7-23 safety in the reasonable judgment of the chief inspector.
7-24 SECTION 6. Section 754.016(b), Health and Safety Code, is
7-25 amended to read as follows:
7-26 (b) An inspector shall date and sign an inspection report
7-27 and shall issue the report to the building owner not later than the
8-1 10th business day after the date of inspection. The inspection
8-2 report shall be on forms designated by the commissioner.
8-3 SECTION 7. Sections 754.017(a) and (c), Health and Safety
8-4 Code, are amended to read as follows:
8-5 (a) An inspector must register with the department, attend
8-6 an annual seminar provided by the commission, and be certified as
8-7 an ASME-QEI-1 inspector by an organization accredited by the
8-8 American Society of Mechanical Engineers. Any certification
8-9 charges or fees shall be paid by the inspector.
8-10 (c) The commission [commissioner] may charge a $25 [$15] fee
8-11 to certified inspectors for registering with the department.
8-12 SECTION 8. Section 754.0171, Health and Safety Code, is
8-13 amended to read as follows:
8-14 Sec. 754.0171. INSPECTION FEE. [(a) A person inspecting an
8-15 elevator, an escalator, or related equipment under this subchapter
8-16 may not charge more than $65 per elevator cab or per escalator for
8-17 each inspection.]
8-18 [(b)] The amount charged for an inspection or the
8-19 performance of an inspection of an elevator, an escalator, or
8-20 related equipment under this subchapter may not be contingent on
8-21 the existence of a maintenance contract between the person
8-22 performing the inspection and any other person.
8-23 SECTION 9. Subchapter B, Chapter 754, Health and Safety
8-24 Code, is amended by adding Section 754.0172 to read as follows:
8-25 Sec. 754.0172. APPOINTMENT OF PERSONNEL. (a) The
8-26 commissioner shall appoint a chief of elevator inspections to
8-27 administer this subchapter. The chief inspector must:
9-1 (1) be a resident of this state and a citizen of the
9-2 United States;
9-3 (2) have at least five years' experience in the
9-4 construction, installation, inspection, operation, maintenance, and
9-5 repair of elevators;
9-6 (3) not have a commercial interest in the manufacture,
9-7 maintenance, repair, or sale of elevators, escalators, or related
9-8 equipment; and
9-9 (4) possess an ASME-QEI-1 certification or obtain the
9-10 certification within six months after becoming chief inspector.
9-11 (b) The commissioner shall appoint ASME-QEI-1 certified
9-12 elevator inspectors to serve as deputy inspectors. Deputy
9-13 inspectors shall be responsible for accident investigations, plan
9-14 reviews, and acceptance inspections requested by building owners
9-15 and shall perform other duties assigned by the chief inspector of
9-16 elevators consistent with this subchapter.
9-17 SECTION 10. Section 754.018, Health and Safety Code, is
9-18 amended to read as follows:
9-19 Sec. 754.018. POWERS OF MUNICIPALITIES. (a) Subject to
9-20 Subsections (b) and (c) and Section 754.014(h), if [If] a
9-21 municipality operates a program for the installation, alteration,
9-22 inspection, or [and] certification of elevators, escalators, or
9-23 [and] related equipment, this subchapter shall not apply to
9-24 elevators, escalators, and related equipment in that municipality
9-25 if[, provided that] the standards of installation, alteration,
9-26 inspection, and certification are equivalent to [no less stringent
9-27 than] those contained in this subchapter.
10-1 (b) A municipality may not require sprinklers in an elevator
10-2 hoistway, pit, or machine room.
10-3 (c) After January 1, 2010, a municipality may not operate a
10-4 program for installation, alteration, inspection, or certification
10-5 of elevators, escalators, and related equipment. A municipality
10-6 may elect to cease operation of a program for installation,
10-7 alteration, inspection, or certification sooner than January 1,
10-8 2010. This section does not prevent a municipality from enforcing
10-9 building codes that do not exceed or conflict with applicable
10-10 provisions of ASME Code A17.1 and 1994 ASME Code A17.3.
10-11 SECTION 11. Section 754.019(a), Health and Safety Code, is
10-12 amended to read as follows:
10-13 (a) The owner of real property on which an elevator, an
10-14 escalator, or related equipment covered by this subchapter is
10-15 located shall:
10-16 (1) have the elevator, escalator, or related equipment
10-17 inspected by an ASME-QEI-1 certified inspector in accordance with
10-18 the commissioner's rules;
10-19 (2) obtain an inspection report from the inspector
10-20 evidencing that all elevators, escalators, and related equipment in
10-21 a building on the real property were inspected in accordance with
10-22 this subchapter and rules adopted under this subchapter;
10-23 (3) file with the commissioner a copy of each
10-24 inspection report and a $20 filing fee for each report, plus $5 for
10-25 each elevator, escalator, or related equipment not later than the
10-26 60th day after the date on which an inspection is made under this
10-27 subchapter;
11-1 (4) display a copy of the certificate of compliance:
11-2 (A) in each [the] elevator mechanical room if
11-3 the certificate relates to an elevator;
11-4 (B) in each [the] escalator box if the
11-5 certificate relates to an escalator; or
11-6 (C) in a place designated by the commissioner if
11-7 the certificate relates to related equipment; and
11-8 (5) display the inspection report at the locations
11-9 designated in Subdivision (4) until a certificate of compliance is
11-10 issued by the commissioner.
11-11 SECTION 12. Section 754.021, Health and Safety Code, is
11-12 amended to read as follows:
11-13 Sec. 754.021. LIST OF INSPECTORS; PERSONNEL. The
11-14 commissioner shall [may]:
11-15 (1) compile a list of ASME-QEI-1 certified inspectors
11-16 who are registered with the department to perform an inspection
11-17 under this subchapter; and
11-18 (2) employ personnel who are [as] necessary to enforce
11-19 this subchapter and who shall be supervised by the chief inspector
11-20 of elevators.
11-21 SECTION 13. Section 754.023, Health and Safety Code, is
11-22 amended by amending Subsection (a) and adding Subsections (f)-(i)
11-23 to read as follows:
11-24 (a) If there is good cause for the commissioner or the chief
11-25 of elevator inspections to believe that an elevator, an escalator,
11-26 or related equipment on real property poses an imminent and
11-27 significant danger [is dangerous] or that an accident involving an
12-1 elevator, an escalator, or related equipment occurred on the
12-2 property and serious bodily injury or property damage resulted, an
12-3 employee of the commission [the commissioner] may enter the
12-4 property during regular business hours after notice to the owner,
12-5 operator, or person in charge of the property to inspect the
12-6 elevator, escalator, or related equipment or investigate the danger
12-7 or accident at no cost to the owner.
12-8 (f) An employee of the commission may disconnect power to or
12-9 lockout an elevator or issue a written directive to a building
12-10 owner or manager to disconnect power to or lockout an elevator if:
12-11 (1) an employee of the commission determines that
12-12 imminent and significant danger to elevator passengers exists if
12-13 that action is not taken immediately;
12-14 (2) the commissioner or the chief of elevator
12-15 inspections for the commission approves any disconnection of power
12-16 to or lockout of the elevator;
12-17 (3) the disconnection of power or lockout is limited
12-18 to the elevator posing imminent and significant danger; and
12-19 (4) reasonable effort has been made to notify the
12-20 building owner or management of the imminent and significant danger
12-21 before the disconnection of power or lockout occurs and to notify
12-22 the owner or management of the cause of the imminent and
12-23 significant danger to passengers to allow the owner or manager to
12-24 perform the disconnection of power or lockout.
12-25 (g) An employee of the commission may disconnect power to or
12-26 lockout an elevator or issue a written directive to the building
12-27 owner or manager to perform the disconnection of power or lockout
13-1 if:
13-2 (1) an annual inspection has not been performed in
13-3 more than two years;
13-4 (2) the elevator has been installed for more than two
13-5 years;
13-6 (3) the commission has given the building owner or
13-7 manager 60 days written notice by certified mail directing that the
13-8 elevator be inspected according to this subchapter;
13-9 (4) after the expiration of the notice period under
13-10 Subdivision (3), the commission has given written notice to the
13-11 building owner or manager by certified mail stating that a
13-12 disconnection of power to or lockout of the elevator will be made
13-13 at the commission's direction not less than seven days after the
13-14 date on which notice is delivered under this subdivision to the
13-15 building owner or manager; and
13-16 (5) the chief of elevator inspections for the
13-17 commission has approved the disconnection of power to or lockout of
13-18 the elevator after the expiration of the notice period described by
13-19 Subdivision (4).
13-20 (h) If a disconnection of power to or lockout of an elevator
13-21 occurs under Subsection (f), power may not be reconnected and the
13-22 elevator may not be unlocked unless:
13-23 (1) a registered elevator inspector, an elevator
13-24 service company, or a commission employee has given written
13-25 verification to the commission that the imminent and significant
13-26 danger has been removed by repair or replacement; and
13-27 (2) the building owner agrees in writing to pay, not
14-1 later than the 30th day after the date on which the power is
14-2 reconnected or the elevator is unlocked, any penalty imposed under
14-3 this subchapter and to reimburse the commission for any expenses
14-4 incurred by the commission relating to the disconnection of power
14-5 to or lockout of the elevator.
14-6 (i) If a disconnection of power to or lockout of an elevator
14-7 occurs under Subsection (g), power may not be reconnected and the
14-8 elevator may not be unlocked unless the building owner pays any
14-9 penalty imposed under this subchapter and reimburses the commission
14-10 for any expenses incurred by the commission relating to the
14-11 disconnection of power to or lockout of the elevator.
14-12 SECTION 14. Subchapter A, Chapter 754, Health and Safety
14-13 Code, is repealed.
14-14 SECTION 15. (a) This Act takes effect September 1, 1999.
14-15 (b) The changes in law made by this Act apply only to an
14-16 inspection or other action taken under Subchapter B, Chapter 754,
14-17 Health and Safety Code, that occurs on or after the effective date
14-18 of this Act.
14-19 (c) The commissioner of licensing and regulation shall
14-20 appoint three additional public members to the elevator advisory
14-21 board as required by Section 754.012, Health and Safety Code, as
14-22 amended by this Act, not later than January 1, 1999.
14-23 SECTION 16. The importance of this legislation and the
14-24 crowded condition of the calendars in both houses create an
14-25 emergency and an imperative public necessity that the
14-26 constitutional rule requiring bills to be read on three several
14-27 days in each house be suspended, and this rule is hereby suspended.