77R14573 YDB-D
By Carona S.B. No. 1198
Substitute the following for S.B. No. 1198:
By Wilson C.S.S.B. No. 1198
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to inspection, installation, repair, and maintenance of
1-3 elevators, escalators, chairlifts, people movers, moving sidewalks,
1-4 and related equipment; providing an administrative penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 754, Health and Safety Code,
1-7 is amended to read as follows:
1-8 SUBCHAPTER B. INSPECTION, [AND] CERTIFICATION, REGISTRATION, AND
1-9 LICENSING
1-10 Sec. 754.011. DEFINITIONS. In this subchapter:
1-11 (1) "Acceptance inspection" means an inspection
1-12 performed at the completion of the initial installation or
1-13 alteration of equipment and in accordance with the applicable ASME
1-14 Code A17.1.
1-15 (2) "Accident" means an event involving equipment that
1-16 results in death or serious bodily injury to a person.
1-17 (3) "Alteration" means a change in or modernization of
1-18 existing equipment. The term does not include maintenance, repair,
1-19 replacement, or a cosmetic change that does not affect the
1-20 operational safety of the equipment or diminish the safety of the
1-21 equipment below the level required by the ASME Code A17.1, ASME
1-22 Code A17.3, ASME Code A18.1, or ASCE Code 21, as applicable, at the
1-23 time of alteration.
1-24 (4) "Annual inspection" means an inspection of
2-1 equipment performed in a 12-month period in accordance with the
2-2 applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or
2-3 ASCE Code 21. The term includes an acceptance inspection performed
2-4 within that period.
2-5 (5) ASCE Code 21 means the American Society of Civil
2-6 Engineers Code 21 for people movers operated by cables.
2-7 (6) "ASME Code A17.1" means the American Society of
2-8 Mechanical Engineers Safety Code for Elevators and Escalators
2-9 A17.1.
2-10 (7) [(2)] "ASME Code A17.3" means the 1999 American
2-11 Society of Mechanical Engineers Safety Code for Elevators and
2-12 Escalators A17.3.
2-13 (8) "ASME Code A18.1" means the American Society of
2-14 Mechanical Engineers Safety Code for Platform Lifts and Stairway
2-15 Chairlifts A18.1.
2-16 (9) [(3)] "Board" means the elevator advisory board.
2-17 (10) [(4)] "Commission" means the Texas Commission of
2-18 Licensing and Regulation.
2-19 (11) [(5)] "Commissioner" means the commissioner of
2-20 licensing and regulation.
2-21 (12) "Contractor" means a person, other than an
2-22 elevator mechanic licensed under Section 754.0172, engaged in the
2-23 installation, repair, or maintenance of equipment. The term does
2-24 not include a person engaged in cleaning or any other work
2-25 performed on equipment that does not affect the operational safety
2-26 of the equipment or diminish the safety of the equipment below the
2-27 level required by the ASME Code A17.1, ASME Code A17.3, ASME Code
3-1 A18.1, or ASCE Code 21, as applicable.
3-2 (13) [(6)] "Department" means the Texas Department of
3-3 Licensing and Regulation.
3-4 (14) "Equipment" means an elevator, escalator,
3-5 chairlift, automated people mover operated by cables, moving
3-6 sidewalk, or related equipment.
3-7 (15) "Industrial facility" means a facility to which
3-8 access is primarily limited to employees of the facility.
3-9 (16) [(7)] "Qualified historic building or facility"
3-10 means a building or facility that is:
3-11 (A) listed in or eligible for listing in the
3-12 National Register of Historic Places; or
3-13 (B) designated as a Recorded Texas Historic
3-14 Landmark or State Archeological Landmark.
3-15 (17) [(8)] "Related equipment" means:
3-16 (A) automatic equipment that is used to move a
3-17 person in a manner that is similar to that of an elevator, an [or]
3-18 escalator, a chairlift, an automated people mover operated by
3-19 cables, or [and includes] a moving sidewalk; and
3-20 (B) hoistways, pits, and machine rooms for
3-21 equipment.
3-22 (18) "Serious bodily injury" means a major impairment
3-23 to bodily function or serious dysfunction of any bodily organ or
3-24 part requiring medical attention.
3-25 (19) "Unit of equipment" means one elevator,
3-26 escalator, chairlift, automated people mover operated by cables, or
3-27 moving sidewalk or its related equipment.
4-1 Sec. 754.0111. EXEMPTION. (a) This subchapter does not
4-2 apply to [an elevator, escalator, or related] equipment in a
4-3 private building owned by [for] a labor union, trade association,
4-4 private club, or charitable organization that has two or fewer
4-5 floors.
4-6 (b) This subchapter does not apply to an elevator located in
4-7 a single-family dwelling, except as provided by Section 754.0141.
4-8 Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator
4-9 advisory board is composed of 12 [nine] members appointed by the
4-10 governor [commissioner] as follows:
4-11 (1) a representative of the insurance industry or a
4-12 certified elevator inspector;
4-13 (2) a representative of [elevator, escalator, and
4-14 related] equipment constructors;
4-15 (3) a representative of owners or managers of a
4-16 building [buildings] having fewer than six stories and having [an
4-17 elevator, an escalator, or related] equipment;
4-18 (4) a representative of owners or managers of a
4-19 building [buildings] having six stories or more and having [an
4-20 elevator, an escalator, or related] equipment;
4-21 (5) a representative of [independent elevator,
4-22 escalator, and related] equipment maintenance companies;
4-23 (6) a representative of [elevator, escalator, and
4-24 related] equipment manufacturers;
4-25 (7) a licensed or registered engineer or architect
4-26 [representative of professional engineers or architects];
4-27 (8) four [a] public members [member]; and
5-1 (9) a public member with a physical disability.
5-2 (b) Each board member serves [Board members serve] at the
5-3 will of the governor and, unless removed by the governor, until the
5-4 member's successor is appointed by the governor [commissioner].
5-5 (c) The governor [commissioner] shall appoint a presiding
5-6 officer of the board.
5-7 (d) The board shall meet at least twice each calendar year.
5-8 (e) A board member serves without compensation but is
5-9 entitled to reimbursement for travel as provided for in the General
5-10 Appropriations Act [and other necessary expenses incurred in
5-11 performing duties under this subchapter].
5-12 Sec. 754.013. BOARD DUTIES. To protect public safety and to
5-13 identify and correct potential hazards, the board shall advise the
5-14 commissioner on:
5-15 (1) the adoption of appropriate standards for the
5-16 installation, alteration, operation, and inspection of [elevators,
5-17 escalators, and related] equipment;
5-18 (2) the status of [elevators, escalators, and related]
5-19 equipment used by the public in this state; [and]
5-20 (3) sources of information relating to equipment
5-21 safety;
5-22 (4) public awareness programs related to elevator
5-23 safety, including programs for sellers and buyers of single-family
5-24 dwellings with elevators or chairlifts; and
5-25 (5) any other matter considered relevant by the
5-26 commissioner.
5-27 Sec. 754.014. STANDARDS ADOPTED BY COMMISSIONER. (a) The
6-1 commissioner shall adopt standards for the installation,
6-2 alteration, operation, and inspection of [elevators, escalators,
6-3 and related] equipment used by the public in:
6-4 (1) buildings owned or operated by the state, a
6-5 state-owned institution or agency, or a political subdivision of
6-6 the state; and
6-7 (2) buildings that contain [an elevator, an escalator,
6-8 or related] equipment that is open to the general public, including
6-9 a hotel, motel, apartment house, boardinghouse, church, office
6-10 building, shopping center, or other commercial establishment.
6-11 (b) Standards adopted by the commissioner may not contain
6-12 requirements in addition to the requirements in the ASME Code
6-13 A17.1, [or] ASME Code A17.3, ASME Code A18.1, or ASCE Code 21. The
6-14 standards must allow alteration of existing equipment if the
6-15 alteration does not diminish the safety of the equipment below the
6-16 level required by this subchapter at the time of alteration.
6-17 (c) Standards adopted by the commissioner must require
6-18 [elevators, escalators, and related] equipment to comply with the
6-19 installation requirements of the [following, whichever is the least
6-20 restrictive:]
6-21 [(1) the] ASME Code A17.1, ASME Code A18.1, or ASCE
6-22 Code 21 that was in effect and applicable on the date of
6-23 installation of the [elevators, escalators, and related]
6-24 equipment[; or]
6-25 [(2) an applicable municipal ordinance governing the
6-26 installation of elevators, escalators, and related equipment that
6-27 was in effect on the date of installation].
7-1 (d) Standards adopted by the commissioner must require
7-2 [elevators, escalators, and related] equipment to comply with the
7-3 installation requirements of the [1994] ASME Code A17.3 that
7-4 contains minimum safety standards for all [elevators, escalators,
7-5 and related] equipment, regardless of the date of installation.
7-6 (e) The [On written request, the] commissioner shall grant a
7-7 delay for compliance with the applicable ASME Code A17.1, [or the
7-8 1994] ASME Code A17.3, or ASME Code A18.1 until a specified time if
7-9 compliance is not readily achievable, as that phrase is defined in
7-10 the Americans with Disabilities Act (42 U.S.C. Section 12101 et
7-11 seq.), or regulations adopted under that Act. The accumulated
7-12 total time of all delays may not exceed three years, except as
7-13 provided by Subsection (f) or as allowed in the discretion of the
7-14 commissioner.
7-15 (f) The [On written request, the] commissioner shall grant a
7-16 delay until September 1, 2005, for compliance with the requirements
7-17 for door restrictors or firefighter's service in the [1994] ASME
7-18 Code A17.3 if those requirements were not included in the ASME Code
7-19 A17.1 that was in effect on the date of installation [of the
7-20 elevator, escalator, or related equipment] and the [that] equipment
7-21 was not subsequently installed [by an owner of the elevator,
7-22 escalator, or related equipment].
7-23 (g) The commissioner may grant a waiver of compliance from
7-24 an applicable code requirement [with the applicable ASME Code A17.1
7-25 or the 1994 ASME Code A17.3] if the commissioner finds that:
7-26 (1) the building in which the [elevator, escalator, or
7-27 related] equipment is located is a qualified historic building or
8-1 facility or the noncompliance is due to structural components of
8-2 the building; [and]
8-3 (2) noncompliance will not constitute a significant
8-4 threat to passenger safety; and
8-5 (3) noncompliance, with adequate alternative
8-6 safeguards, will not constitute a significant threat to worker
8-7 safety.
8-8 (h) The commissioner shall grant a waiver of compliance if
8-9 the noncompliance resulted from compliance with a municipal
8-10 equipment construction code at the time of the original
8-11 installation and the noncompliance does not pose imminent and
8-12 significant danger. The commissioner may grant a waiver of
8-13 compliance with the firefighter's service provisions of the ASME
8-14 Code A17.1 or the [1994] ASME Code A17.3 in an elevator that
8-15 exclusively serves a vehicle parking garage in a building that:
8-16 (1) is used only for parking;
8-17 (2) is constructed of noncombustible materials; and
8-18 (3) is not greater than 75 feet in height.
8-19 (i) This subchapter does not apply to [an elevator, an
8-20 escalator, or related] equipment in an industrial facility, or in a
8-21 grain silo, radio antenna, bridge tower, underground facility, or
8-22 dam, to which access is limited primarily [principally] to
8-23 employees of or working in that facility or structure.
8-24 (j) [The commissioner may charge a reasonable fee as set by
8-25 the commission for an application for waiver or delay.] One
8-26 application for a waiver or delay may contain all requests related
8-27 to a unit of equipment [particular building]. A delay may not be
9-1 granted indefinitely but must be granted for [to] a specified time
9-2 not to exceed three years.
9-3 (k) For purposes of this section, the date of installation
9-4 or alteration of equipment is the date that the owner of the real
9-5 property entered into a contract for the installation or alteration
9-6 of the [purchase of the elevators, escalators, or related]
9-7 equipment. If that date cannot be established, the date of
9-8 installation or alteration is the date of issuance of the municipal
9-9 building permit under which the [elevators, escalators, or related]
9-10 equipment was installed or altered [constructed] or, if a municipal
9-11 building permit was not issued, the date that electrical
9-12 consumption began for the construction of the building in which the
9-13 [elevators, escalators, or related] equipment was installed.
9-14 Sec. 745.0141. STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY
9-15 DWELLINGS. (a) Elevators or chairlifts installed in a
9-16 single-family dwelling on or after January 1, 2002, must comply
9-17 with the ASME Code A17.1 or A18.1, as applicable, and must be
9-18 inspected by a QEI-1 certified inspector after the installation is
9-19 complete. The inspector shall provide the dwelling owner a copy of
9-20 the inspection report.
9-21 (b) The commissioner shall adopt rules containing minimum
9-22 safety standards that must be used by QEI-1 certified inspectors
9-23 when inspecting elevators and chairlifts installed in single-family
9-24 dwellings before January 1, 2002.
9-25 (c) A municipality may withhold a certificate of occupancy
9-26 for a dwelling or for the installation of the elevator or chairlift
9-27 until the owner provides a copy of the QEI-1 inspection report to
10-1 the municipality.
10-2 (d) A contractor is not required to report to the department
10-3 any information concerning equipment in a single-family dwelling or
10-4 the contractor's work on the equipment.
10-5 Sec. 754.015. RULES. (a) The commissioner by rule shall
10-6 provide for:
10-7 (1) an annual [the] inspection and certification of
10-8 the [once each calendar year of elevators, escalators, and related]
10-9 equipment covered by standards adopted under this subchapter;
10-10 (2) the enforcement of those standards;
10-11 (3) the registration [certification] of qualified
10-12 [persons as] inspectors and contractors [for the purposes of this
10-13 subchapter]; [and]
10-14 (4) the form of [the] inspection documents, contractor
10-15 reports, [report] and certificates [certificate] of compliance; and
10-16 (5) notification to building owners, architects, and
10-17 other building industry professionals regarding the necessity of
10-18 annually inspecting equipment.
10-19 (b) The commissioner by rule may not [require that]:
10-20 (1) require inspections of equipment to [inspection]
10-21 be made more often than every 12 months, except as provided by
10-22 Subsection (c) [once per year of elevators, escalators, and related
10-23 equipment];
10-24 (2) require persons to post a bond or furnish
10-25 insurance or to have minimum experience or education as a condition
10-26 of certification or registration; [and]
10-27 (3) require inspection reports or certificates of
11-1 compliance to be placed in locations other than one provided in
11-2 Section 754.019(a)(4);
11-3 (4) require building owners to submit to the
11-4 department proposed plans for equipment installation or alteration;
11-5 (5) prohibit a QEI-1 certified inspector who is
11-6 registered with the department from inspecting equipment; or
11-7 (6) require an inspection report or certificate of
11-8 compliance to be placed inside or immediately outside an elevator
11-9 cab or escalator or in the lobby or hallways of a building.
11-10 (c) The commissioner by rule may require a reinspection or
11-11 recertification of equipment if the equipment has been altered and
11-12 poses a significant threat to passenger or worker safety or if an
11-13 annual inspection report indicates an existing violation has
11-14 continued longer than permitted in a delay granted by the
11-15 commissioner.
11-16 (d) The commissioner by rule may charge a fee for:
11-17 (1) registering with the department as an inspector or
11-18 contractor, not to exceed $100;
11-19 (2) providing certified inspector educational courses,
11-20 not to exceed $100;
11-21 (3) applying for a certificate of compliance, not to
11-22 exceed $15 for each unit of equipment;
11-23 (4) filing an inspection report as required by Section
11-24 754.019(a)(3):
11-25 (A) not later than 60 days after the date the
11-26 report is due, not to exceed $10 for each 30 days the report is
11-27 past due; or
12-1 (B) 60 days or more after the date the report is
12-2 due, not to exceed $100 for each 30 days the report is past due;
12-3 (5) applying for a waiver or delay, not to exceed $100
12-4 for each violation;
12-5 (6) applying for a license or license renewal, not to
12-6 exceed $125;
12-7 (7) reinstating an expired license in accordance with
12-8 this subchapter, not to exceed $250;
12-9 (8) attending a continuing education program sponsored
12-10 by the department, not to exceed $75;
12-11 (9) applying for certification of a continuing
12-12 education program not sponsored, but recognized, by the department,
12-13 not to exceed $200; and
12-14 (10) applying for approval or certification of a
12-15 long-term education program, not to exceed $500 [754.019(4)].
12-16 Sec. 754.016. INSPECTION DOCUMENTS [REPORT] AND CERTIFICATE
12-17 OF COMPLIANCE. (a) An inspection report and [a] certificate of
12-18 compliance required under this subchapter must cover each unit of
12-19 [all elevators, escalators, and related] equipment [in a building
12-20 or structure appurtenant to the building, including a parking
12-21 facility, that are owned by the same person or persons]. There
12-22 shall be separate [only one] inspection reports [report] and
12-23 certificates [one certificate] of compliance for each unit of
12-24 equipment [building].
12-25 (b) An inspector shall date and sign an inspection report
12-26 and shall issue the report to the building owner not later than the
12-27 10th calendar day after the date of inspection. [The inspection
13-1 report shall be on forms designated by the commissioner.]
13-2 (c) The commissioner shall [date and sign a certificate of
13-3 compliance and shall] issue a [the] certificate of compliance to
13-4 the building owner if an application is submitted by the building
13-5 owner with applicable fees and the application reflects that:
13-6 (1) the[. The certificate of compliance shall state
13-7 that the elevators, escalators, and related] equipment has [have]
13-8 been inspected by a certified inspector;
13-9 (2) the inspection report shows the equipment is [and
13-10 found by the inspector to be] in compliance with the requirements
13-11 of this chapter; and
13-12 (3) to the extent the report shows any noncompliance
13-13 that does not pose an imminent and significant danger, the building
13-14 owner:
13-15 (A) acknowledges the noncompliance will be
13-16 remedied within a reasonable period, not later than six months
13-17 following the date of the inspection report; or
13-18 (B) has been granted a waiver or delay for
13-19 compliance by the commissioner[, except for any delays or waivers
13-20 granted by the commissioner and stated in the certificate].
13-21 Sec. 754.017. CERTIFIED INSPECTORS. (a) In order to inspect
13-22 equipment, an individual must:
13-23 (1) be registered [An inspector must register] with
13-24 the department;
13-25 (2) attend educational programs as required by the
13-26 department;
13-27 (3) [and] be certified as a QEI-1 [an ASME-QEI-1]
14-1 inspector by an organization accredited by the American Society of
14-2 Mechanical Engineers; and
14-3 (4) pay all applicable fees. [Any certification
14-4 charges or fees shall be paid by the inspector.]
14-5 (b) [The commissioner may not by rule prohibit an ASME-QEI-1
14-6 certified inspector who is registered with the department from
14-7 inspecting under this subchapter an elevator, an escalator, or
14-8 related equipment.] A person assisting a certified inspector and
14-9 working under the direct, on-site supervision of the inspector is
14-10 not required to be [ASME-QEI-1] certified.
14-11 (c) A registration expires on the first anniversary of the
14-12 date of issuance. [The commissioner may charge a $15 fee to
14-13 certified inspectors for registering with the department.]
14-14 Sec. 754.0171. CONTRACTOR REGISTRATION. (a) A person may
14-15 not install, repair, or maintain equipment without registering as a
14-16 contractor with the department as required by this subchapter.
14-17 (b) A contractor shall submit an application for
14-18 registration and pay appropriate fees to the department. The
14-19 registration application form may require information concerning
14-20 the background, experience, or identity of the applicant.
14-21 (c) A registration expires on the first anniversary of the
14-22 date of issuance.
14-23 (d) A person registering as a contractor under this
14-24 subchapter shall submit to the department an initial report, not
14-25 later than the 60th day following the application date, containing:
14-26 (1) the street address of each building or location at
14-27 which the person performed installation, repair, alteration, or
15-1 maintenance of equipment for the previous two years; and
15-2 (2) the name and mailing address of the building
15-3 owner.
15-4 (e) After the initial report required by Subsection (d), a
15-5 contractor registered as required by this subchapter shall submit
15-6 to the department a quarterly report containing:
15-7 (1) the street address of each building or location at
15-8 which the contractor performed installation, repair, alteration, or
15-9 maintenance of equipment not reported in the contractor's initial
15-10 report to the department under Subsection (d); and
15-11 (2) the name and mailing address of the building
15-12 owner.
15-13 (f) Installation, repair, alteration, and maintenance
15-14 standards for contractors must be consistent with ASME Code A17.1,
15-15 ASME Code A17.3, and ASME Code A18.1.
15-16 Sec. 754.0172. ELEVATOR MECHANIC LICENSE. (a) Except as
15-17 provided by this section, an individual may not install, repair,
15-18 wire, test, or maintain equipment without obtaining an elevator
15-19 mechanic license or an emergency or temporary elevator mechanic
15-20 license.
15-21 (b) An individual who is directly supervised by a licensed
15-22 elevator mechanic on-site in a building or building complex is not
15-23 required to be licensed under Subsection (a). The commissioner may
15-24 adopt rules listing the work activities an unlicensed individual
15-25 employed by a contractor may perform on equipment without being
15-26 under the direct on-site supervision of a licensed elevator
15-27 mechanic.
16-1 (c) The commissioner shall adopt rules providing for the
16-2 issuance of a 30-day emergency license and a 30-day temporary
16-3 license. The commissioner may waive any license examination
16-4 requirement for an applicant with a valid license from another
16-5 state that has a reciprocity agreement with this state. An
16-6 individual who applies for a temporary or emergency license or a
16-7 license by reciprocity shall pay an application fee not to exceed
16-8 $125 to the department.
16-9 (d) An applicant for an elevator mechanic license under
16-10 Subsection (a) must be at least 18 years old and present to the
16-11 commissioner satisfactory evidence of at least 36 months of
16-12 practical experience in the installation, repair, and maintenance
16-13 of equipment. The application must be in a form prescribed by the
16-14 commissioner and must be verified and accompanied by:
16-15 (1) a statement of the applicant's practical
16-16 experience;
16-17 (2) the examination fee; and
16-18 (3) information about any felony conviction or
16-19 deferred adjudication history of the applicant.
16-20 (e) Except as provided by this subsection, the commissioner
16-21 shall issue an elevator mechanic license to an applicant who
16-22 possesses the required qualifications, passes the appropriate
16-23 examination, and pays the applicable license fee. An applicant who
16-24 fails an examination is eligible for reexamination on compliance
16-25 with Subsection (d).
16-26 (f) Unless the license has been suspended or revoked, the
16-27 commissioner shall annually renew an elevator mechanic license on
17-1 receipt of the applicable fee, the application for renewal, and
17-2 proof of completion of continuing education requirements. The
17-3 commissioner shall adopt rules providing for reinstatement of a
17-4 license on payment of the applicable fee if application for renewal
17-5 is made not later than 30 days after the date the license expires.
17-6 (g) The department may recognize and certify continuing
17-7 education programs and long-term training programs for elevator
17-8 mechanics. A program provider shall pay the applicable fee to the
17-9 department when applying for department approval of a program.
17-10 (h) Not later than the 30th day after the date an
17-11 examination is administered, the commissioner shall notify each
17-12 examinee of the results of the examination. If an examination is
17-13 graded or reviewed by a national testing service, the commissioner
17-14 shall notify examinees of the results of the examination not later
17-15 than the 14th day after the date the commissioner receives the
17-16 results from the testing service. If the notice of examination
17-17 results graded or reviewed by a national testing service will be
17-18 delayed for longer than 90 days after the examination date, the
17-19 commissioner shall notify the examinee of the reason for the delay
17-20 before the 90th day.
17-21 (i) The commissioner shall prepare and administer
17-22 examinations and continuing education programs for licenses or
17-23 certify other persons to perform those functions. An elevator
17-24 mechanic licensed under this subchapter must participate in eight
17-25 hours of required continuing education during each licensing
17-26 period.
17-27 (j) The commissioner may adopt rules providing for a
18-1 standard of conduct for individuals holding an elevator mechanic
18-2 license, including an emergency or temporary elevator mechanic
18-3 license.
18-4 Sec. 754.0173. INSPECTION FEE. (a) A person inspecting [an
18-5 elevator, an escalator, or related] equipment under this subchapter
18-6 may not charge more than $65 per elevator cab or per escalator for
18-7 each inspection.
18-8 (b) The amount charged for an inspection or the performance
18-9 of an inspection of equipment under this subchapter may not be
18-10 contingent on the existence of a maintenance contract between the
18-11 person performing the inspection and any other person.
18-12 Sec. 754.018. POWERS OF MUNICIPALITIES. Subject to Section
18-13 754.014(h), if [If] a municipality operates a program for the
18-14 installation, alteration, inspection, or [and] certification of
18-15 [elevators, escalators, and related] equipment, this subchapter
18-16 shall not apply to the [elevators, escalators, and related]
18-17 equipment in that municipality, provided that the standards of
18-18 installation, alteration, inspection, and certification are at
18-19 least equivalent to [no less stringent than] those contained in
18-20 this subchapter.
18-21 Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The owner
18-22 of real property on which [an elevator, an escalator, or related]
18-23 equipment covered by this subchapter is located shall:
18-24 (1) have the [elevator, escalator, or related]
18-25 equipment inspected annually by a [an ASME-QEI-1] certified
18-26 inspector [in accordance with the commissioner's rules];
18-27 (2) obtain an inspection report from the inspector
19-1 evidencing that all [elevators, escalators, and related] equipment
19-2 in a building on the real property were inspected in accordance
19-3 with this subchapter and rules adopted under this subchapter;
19-4 (3) file with the department the [commissioner a copy
19-5 of each] inspection report for each unit of equipment, and all
19-6 applicable fees, [and a $20 filing fee for each report, plus $5 for
19-7 each elevator, escalator, or related equipment] not later than the
19-8 60th day after the date on which an inspection is made under this
19-9 subchapter;
19-10 (4) display the certificate of compliance or a copy of
19-11 the certificate:
19-12 (A) in each [the] elevator mechanical room if
19-13 the certificate relates to an elevator;
19-14 (B) in each [the] escalator box if the
19-15 certificate relates to an escalator; or
19-16 (C) in a place designated by rule if related to
19-17 equipment other than an elevator or escalator [the commissioner if
19-18 the certificate relates to related equipment]; and
19-19 (5) display the inspection report at the locations
19-20 designated in Subdivision (4) until a certificate of compliance is
19-21 issued [by the commissioner].
19-22 (b) When an inspection report is filed [with the
19-23 commissioner], the owner shall submit to the department, as
19-24 applicable [commissioner]:
19-25 (1) verification that any deficiencies in the
19-26 inspector's report have been remedied or that a bona fide contract
19-27 to remedy the deficiencies has been entered into; or
20-1 (2) any application for delay or waiver of an
20-2 applicable standard.
20-3 (c) [An inspection must be made not later than 18 months
20-4 after the previous calendar year's inspection. This subsection
20-5 does not affect the requirement that elevators, escalators, or
20-6 related equipment be inspected at least once each calendar year.]
20-7 [(d)] For the purpose of determining timely filing under
20-8 Subsection (a)(3) and Section 754.016(b), an inspection report and
20-9 filing fees [fee] are considered filed on the date of postmark
20-10 [mailing] by United States mail if properly addressed to the
20-11 department [commissioner].
20-12 (d) [(e) If the inspection report and fee required by
20-13 Subsection (a)(3) are not timely filed, the commissioner may charge
20-14 the owner of the real property on which the elevator, escalator, or
20-15 related equipment is located an additional $100 fee for late
20-16 filing.]
20-17 [(f) The commissioner may not require that an inspection
20-18 report or certificate of compliance be placed inside or immediately
20-19 outside an elevator cab or escalator or in the lobby or hallways of
20-20 a building.]
20-21 [(g)] A fee may not be charged or collected for a
20-22 certificate of compliance for an institution of higher education as
20-23 defined in Section 61.003, Education Code.
20-24 (e) An owner shall report to the department each accident
20-25 involving equipment not later than 72 hours following the accident.
20-26 Sec. 754.020. CHIEF ELEVATOR INSPECTOR [DEPOSIT OF FEES].
20-27 The commissioner may appoint a chief elevator inspector to
21-1 administer the equipment inspection and registration program. The
21-2 chief elevator inspector:
21-3 (1) may not have a financial or commercial interest in
21-4 the manufacture, maintenance, repair, inspection, installation, or
21-5 sale of equipment; and
21-6 (2) must possess a QEI-1 certification or obtain the
21-7 certification within six months after becoming chief inspector.
21-8 [Fees collected under this subchapter shall be deposited to the
21-9 credit of an account in the general revenue fund that may be used
21-10 by the commissioner only to administer and enforce this subchapter
21-11 and to reimburse expenses of board members provided by this
21-12 subchapter.]
21-13 Sec. 754.021. LIST OF REGISTERED INSPECTORS AND CONTRACTORS;
21-14 PERSONNEL. The commissioner shall [may]:
21-15 (1) compile a list of [ASME-QEI-1] certified
21-16 inspectors and contractors who are registered with the department
21-17 [to perform an inspection under this subchapter]; and
21-18 (2) employ personnel who are [as] necessary to enforce
21-19 this subchapter.
21-20 Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the department
21-21 [commissioner] learns of a situation of noncompliance under Section
21-22 754.019, the department [commissioner] shall send notice by
21-23 certified mail of the noncompliance and the actions required to
21-24 remedy the noncompliance to the record owner of the real property
21-25 on which the equipment that is the subject of the noncompliance is
21-26 located.
21-27 Sec. 754.023. INVESTIGATION; REGISTRATION AND LICENSE
22-1 PROCEEDINGS; INJUNCTION; EMERGENCY ORDERS. (a) If there is good
22-2 cause [for the commissioner] to believe that [an elevator, an
22-3 escalator, or related] equipment on real property poses an imminent
22-4 and significant danger [is dangerous] or that an accident involving
22-5 [an elevator, an escalator, or related] equipment occurred on the
22-6 property and serious bodily injury or property damage resulted, a
22-7 department employee [the commissioner] may enter the property
22-8 during regular business hours after notice to the owner, operator,
22-9 or person in charge of the property to inspect the [elevator,
22-10 escalator, or related] equipment or investigate the danger or
22-11 accident at no cost to the owner.
22-12 (b) The department employee [commissioner] may enter real
22-13 property during regular business hours after notice to the owner,
22-14 operator, or person in charge of the property to verify, at no cost
22-15 to the owner, whether an inspection report or certificate of
22-16 compliance has been displayed as required under Section 754.019(a).
22-17 (c) The commissioner may deny, suspend, or revoke a license
22-18 or [the] registration under this subchapter and may assess an
22-19 administrative penalty [of any ASME-QEI-1 certified inspector] for:
22-20 (1) obtaining a license or registration [with the
22-21 commissioner] by fraud or false representation;
22-22 (2) falsifying a [any inspection] report [submitted to
22-23 the commissioner]; or
22-24 (3) violating this subchapter or a rule adopted under
22-25 this subchapter.
22-26 (d) Proceedings for the denial, suspension, or revocation of
22-27 a license or registration and appeals from those proceedings are
23-1 governed by Chapter 2001, Government Code.
23-2 (e) The commissioner is entitled to appropriate injunctive
23-3 relief to prevent a violation or threatened violation of this
23-4 subchapter or a rule adopted under this subchapter.
23-5 (f) [(e)] The commissioner may bring suit in a district
23-6 court in Travis County or in the county in which the violation or
23-7 threatened violation occurs. If requested, the attorney general
23-8 shall represent the department and its personnel [commissioner] in
23-9 the suit.
23-10 (g) The commissioner may issue an emergency order as
23-11 necessary to enforce this subchapter if the commissioner determines
23-12 that an emergency exists requiring immediate action to protect the
23-13 public health and safety.
23-14 (h) The commissioner may issue an emergency order with
23-15 simultaneous notice and without hearing or with the notice and
23-16 opportunity for hearing practicable under the circumstances.
23-17 (i) If an emergency order is issued under this section
23-18 without a hearing, the commissioner shall set the time and place
23-19 for a hearing to affirm, modify, or set aside the emergency order
23-20 not later than the 10th day after the date the order was issued.
23-21 (j) An emergency order may direct a building owner or
23-22 manager to disconnect power to or lock out equipment if:
23-23 (1) the department determines imminent and significant
23-24 danger to passenger safety exists if action is not taken
23-25 immediately and reasonable effort has been made for voluntary
23-26 compliance by notification to the building owner or manager of the
23-27 danger before the issuance of an emergency order; or
24-1 (2) an annual inspection has not been performed in
24-2 more than two years and:
24-3 (A) the department gives the building owner or
24-4 manager, or the agent of the building owner or manager, 60 days'
24-5 written notice by certified mail directing the equipment to be
24-6 inspected according to this subchapter; and
24-7 (B) after the expiration of the notice period
24-8 under Paragraph (A), the department gives the building owner or
24-9 manager, or the agent of the building owner or manager, written
24-10 notice by certified mail stating that an order to disconnect power
24-11 or lock out equipment will be made after the seventh day after the
24-12 date notice is delivered.
24-13 (k) If an emergency order to disconnect power or lock out
24-14 equipment is issued, the building owner or manager may have the
24-15 power reconnected or the equipment unlocked only if:
24-16 (1) a registered inspector or contractor or a
24-17 department representative has filed a written form with the
24-18 department verifying the imminent and significant danger has been
24-19 removed by repair, replacement, or other means; and
24-20 (2) the building owner, before the reconnection of
24-21 power or unlocking of equipment, reimburses the department for all
24-22 expenses incurred relating to the disconnection of power or
24-23 lockout.
24-24 (l) The commissioner or the commissioner's designee may
24-25 allow delayed payment if the building owner or manager commits in
24-26 writing to pay the department for the expenses required by
24-27 Subsection (k) not later than the 10th day after the date power is
25-1 reconnected or equipment is unlocked.
25-2 (m) If an emergency order to disconnect power or lock out
25-3 equipment is issued and the building owner later notifies the
25-4 department that the imminent and significant danger no longer
25-5 exists, the commissioner or the commissioner's designee shall,
25-6 after the requirements of Subsection (k) are satisfied, promptly
25-7 issue written permission to reconnect power or unlock the equipment
25-8 and notify the owner.
25-9 Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an
25-10 offense if the person receives notice of noncompliance under
25-11 Section 754.022 and the person has not remedied the noncompliance
25-12 or entered into a bona fide contract to remedy the noncompliance
25-13 before the 61st day after the date on which the notice is received.
25-14 (b) An offense under this section is a Class C misdemeanor.
25-15 (c) Each day of an offense under Subsection (a) constitutes
25-16 a separate offense.
25-17 SECTION 2. (a) This Act takes effect September 1, 2001,
25-18 except that a contractor is not required to be registered under
25-19 Section 754.0171, Health and Safety Code, as amended by this Act,
25-20 and an individual is not required to have a license under Section
25-21 754.0172, Health and Safety Code, as added by this Act, until
25-22 January 1, 2002.
25-23 (b) An applicant seeking an elevator mechanic license under
25-24 Section 754.0172, Health and Safety Code, as added by this Act, who
25-25 has the required 36 months of practical experience on January 1,
25-26 2002, and who applies for an elevator mechanic license not later
25-27 than December 31, 2002, is not required to take the examination for
26-1 licensing required by that section.
26-2 (c) A member of the elevator advisory board serving on the
26-3 effective date of this Act continues to serve until removed by the
26-4 governor or until the member's successor is appointed by the
26-5 governor.