78R3790 DLF-F
By: Geren H.B. No. 656
A BILL TO BE ENTITLED
AN ACT
relating to inspection, installation, repair, and maintenance of
elevators, escalators, chairlifts, people movers, moving
sidewalks, platform lifts, and related equipment; providing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 754, Health and Safety
Code, is amended to read as follows:
SUBCHAPTER B. INSPECTION, [AND] CERTIFICATION, REGISTRATION, AND
LICENSING
Sec. 754.011. DEFINITIONS. In this subchapter:
(1) "Acceptance inspection" means an inspection
performed at the completion of the initial installation or
alteration of equipment and in accordance with the applicable ASME
Code A17.1.
(2) "Accident" means an event involving equipment that
results in death or serious bodily injury to a person.
(3) "Alteration" means a change in or modernization of
existing equipment. The term does not include maintenance, repair,
replacement, or a cosmetic change that does not affect the
operational safety of the equipment or diminish the safety of the
equipment below the level required by the ASME Code A17.1, ASME Code
A17.3, ASME Code A18.1, or ASCE Code 21, as applicable, at the time
of alteration.
(4) "Annual inspection" means an inspection of
equipment performed in a 12-month period in accordance with the
applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or
ASCE Code 21. The term includes an acceptance inspection performed
within that period.
(5) "ASCE Code 21" means the American Society of Civil
Engineers Code 21 for people movers operated by cables.
(6) "ASME Code A17.1" means the American Society of
Mechanical Engineers Safety Code for Elevators and Escalators
A17.1.
(7) [(2)] "ASME Code A17.3" means the 2002 American
Society of Mechanical Engineers Safety Code for Elevators and
Escalators A17.3.
(8) "ASME Code A18.1" means the American Society of
Mechanical Engineers Safety Code for Platform Lifts and Stairway
Chairlifts A18.1.
(9) [(3)] "Board" means the elevator advisory board.
(10) [(4)] "Commission" means the Texas Commission of
Licensing and Regulation.
(11) [(5)] "Commissioner" means the commissioner of
licensing and regulation.
(12) "Contractor" means a person, other than an
elevator mechanic licensed under Section 754.0172, engaged in the
installation, repair, or maintenance of equipment. The term does
not include an elevator cab renovator licensed under Section
754.0173 and engaged in activities authorized under that license or
a person engaged in cleaning or any other work performed on
equipment that does not affect the operational safety of the
equipment or diminish the safety of the equipment below the level
required by the ASME Code A17.1, ASME Code A17.3, ASME Code A18.1,
or ASCE Code 21, as applicable.
(13) [(6)] "Department" means the Texas Department of
Licensing and Regulation.
(14) "Equipment" means an elevator, escalator,
chairlift, platform lift, automated people mover operated by
cables, or moving sidewalk, or related equipment.
(15) "Industrial facility" means a facility to which
access is primarily limited to employees of the facility.
(16) [(7)] "Qualified historic building or facility"
means a building or facility that is:
(A) listed in or eligible for listing in the
National Register of Historic Places; or
(B) designated as a Recorded Texas Historic
Landmark or State Archeological Landmark.
(17) [(8)] "Related equipment" means:
(A) automatic equipment that is used to move a
person in a manner that is similar to that of an elevator, an [or]
escalator, a chairlift, a platform lift, an automated people mover
operated by cables, or [and includes] a moving sidewalk; and
(B) hoistways, pits, and machine rooms for
equipment.
(18) "Serious bodily injury" means a major impairment
to bodily function or serious dysfunction of any bodily organ or
part requiring medical attention.
(19) "Unit of equipment" means one elevator,
escalator, chairlift, platform lift, automated people mover
operated by cables, or moving sidewalk, or related equipment.
Sec. 754.0111. EXEMPTION. (a) This subchapter does not
apply to [an elevator, escalator, or related] equipment in a
private building owned by [for] a labor union, trade association,
private club, or charitable organization that has two or fewer
floors.
(b) This subchapter does not apply to an elevator located in
a single-family dwelling, except as provided by Section 754.0141.
Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator
advisory board is composed of 13 [nine] members appointed by the
governor [commissioner] as follows:
(1) a representative of the insurance industry or a
certified elevator inspector;
(2) a representative of [elevator, escalator, and
related] equipment constructors;
(3) a representative of owners or managers of a
building [buildings] having fewer than six stories and having [an
elevator, an escalator, or related] equipment;
(4) a representative of owners or managers of a
building [buildings] having six stories or more and having [an
elevator, an escalator, or related] equipment;
(5) a representative of [independent elevator,
escalator, and related] equipment maintenance companies;
(6) a representative of [elevator, escalator, and
related] equipment manufacturers;
(7) a licensed or registered engineer or architect
[representative of professional engineers or architects];
(8) five [a] public members [member]; and
(9) a public member with a physical disability.
(b) Each board member serves [Board members serve] at the
will of the governor and, unless removed by the governor, until the
member's successor is appointed by the governor [commissioner].
(c) The governor [commissioner] shall appoint a presiding
officer of the board.
(d) The board shall meet at least twice each calendar year.
(e) A board member serves without compensation but is
entitled to reimbursement for travel as provided for in the General
Appropriations Act [and other necessary expenses incurred in
performing duties under this subchapter].
Sec. 754.013. BOARD DUTIES. To protect public safety and to
identify and correct potential hazards, the board shall advise the
commissioner on:
(1) the adoption of appropriate standards for the
installation, alteration, operation, and inspection of [elevators,
escalators, and related] equipment;
(2) the status of [elevators, escalators, and related]
equipment used by the public in this state; [and]
(3) sources of information relating to equipment
safety;
(4) public awareness programs related to elevator
safety, including programs for sellers and buyers of single-family
dwellings with elevators, chairlifts, or platform lifts; and
(5) any other matter considered relevant by the
commissioner.
Sec. 754.014. STANDARDS ADOPTED BY COMMISSIONER. (a) The
commissioner shall adopt standards for the installation,
maintenance, alteration, operation, and inspection of [elevators,
escalators, and related] equipment used by the public in:
(1) buildings owned or operated by the state, a
state-owned institution or agency, or a political subdivision of
the state; and
(2) buildings that contain [an elevator, an escalator,
or related] equipment that is open to the general public, including
a hotel, motel, apartment house, boardinghouse, church, office
building, shopping center, or other commercial establishment.
(b) Standards adopted by the commissioner may not contain
requirements in addition to the requirements in the ASME Code
A17.1, [or] ASME Code A17.3, ASME Code A18.1, or ASCE Code 21. The
standards must allow alteration of existing equipment if the
alteration does not diminish the safety of the equipment below the
level required by this subchapter at the time of alteration.
(c) 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, ASME Code A18.1, or ASCE
Code 21 that was in effect and applicable on the date of
installation of the [elevators, escalators, and related]
equipment[; or
[(2) an applicable municipal ordinance governing the
installation of elevators, escalators, and related equipment that
was in effect on the date of installation].
(d) Standards adopted by the commissioner must require
[elevators, escalators, and related] equipment to comply with the
installation requirements of the [1994] ASME Code A17.3 that
contains minimum safety standards for all [elevators, escalators,
and related] equipment, regardless of the date of installation.
(e) The [On written request, the] commissioner shall grant a
delay for compliance with the applicable ASME Code A17.1, [or the
1994] ASME Code A17.3, or ASME Code A18.1 until a specified time if
compliance is not readily achievable, as that phrase is defined in
the Americans with Disabilities Act (42 U.S.C. Section 12101 et
seq.), or regulations adopted under that Act. The accumulated
total time of all delays may not exceed three years, except as
provided by Subsection (f) or as allowed in the discretion of the
commissioner.
(f) The [On written request, the] commissioner shall grant a
delay until September 1, 2005, for compliance with the requirements
for door restrictors or firefighter's service in the [1994] ASME
Code A17.3 if those requirements were not included in the ASME Code
A17.1 that was in effect on the date of installation [of the
elevator, escalator, or related equipment] and the [that] equipment
was not subsequently installed [by an owner of the elevator,
escalator, or related equipment].
(g) The commissioner may grant a waiver of compliance from
an applicable code requirement [with the applicable ASME Code A17.1
or the 1994 ASME Code A17.3] if the commissioner finds that:
(1) the building in which the [elevator, escalator, or
related] equipment is located is a qualified historic building or
facility or the noncompliance is due to structural components of
the building; [and]
(2) noncompliance will not constitute a significant
threat to passenger safety; and
(3) noncompliance, with adequate alternative
safeguards, will not constitute a significant threat to worker
safety.
(h) The commissioner shall grant a waiver of compliance if
the noncompliance resulted from compliance with a municipal
equipment construction code at the time of the original
installation and the noncompliance does not pose imminent and
significant danger. The commissioner may 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 a building that:
(1) is used only for parking;
(2) is constructed of noncombustible materials; and
(3) is not greater than 75 feet in height.
(i) This subchapter does not apply to [an elevator, an
escalator, or related] equipment in an industrial facility, or in a
grain silo, radio antenna, bridge tower, underground facility, or
dam, to which access is limited primarily [principally] to
employees of or working in that facility or structure.
(j) [The commissioner may charge a reasonable fee as set by
the commission for an application for waiver or delay.] One
application for a waiver or delay may contain all requests related
to a unit of equipment [particular building]. A delay may not be
granted indefinitely but must be granted for [to] a specified time
not to exceed three years.
(k) For purposes of this section, the date of installation
or alteration of equipment is the date that the owner of the real
property entered into a contract for the installation or alteration
of the [purchase of the elevators, escalators, or related]
equipment. If that date cannot be established, the date of
installation or alteration is the date of issuance of the municipal
building permit under which the [elevators, escalators, or related]
equipment was installed or altered [constructed] or, if a municipal
building permit was not issued, the date that electrical
consumption began for the construction of the building in which the
[elevators, escalators, or related] equipment was installed.
Sec. 745.0141. STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY
DWELLINGS; REQUIRED INFORMATION. (a) Elevators, chairlifts, or
platform lifts installed in a single-family dwelling on or after
January 1, 2004, must comply with the ASME Code A17.1 or A18.1, as
applicable, and must be inspected by a QEI-1 certified inspector
after the installation is complete. The inspector shall provide
the dwelling owner a copy of the inspection report.
(b) The commissioner shall, before January 1, 2004, adopt
rules containing minimum safety standards that must be used by
QEI-1 certified inspectors when inspecting elevators, chairlifts,
and platform lifts installed in single-family dwellings.
(c) A municipality may withhold a certificate of occupancy
for a dwelling or for the installation of the elevator or chairlift
until the owner provides a copy of the QEI-1 inspection report to
the municipality.
(d) A contractor is not required to report to the department
any information concerning equipment in a single-family dwelling or
the contractor's work on the equipment.
(e) On completing installation of equipment in a
single-family dwelling, a contractor shall provide the dwelling
owner with relevant information, in writing, about use, safety, and
maintenance of the equipment, including the advisability of having
the equipment periodically and timely inspected by a QEI-1
certified inspector.
(f) An inspection by a QEI-1 certified inspector of
equipment in a single-family dwelling may be performed only at the
request and with the consent of the owner. The owner of a
single-family dwelling is not subject to Section 754.022, 754.023,
or 754.024.
Sec. 754.015. RULES. (a) The commissioner by rule shall
provide for:
(1) an annual [the] inspection and certification of
the [once each calendar year of elevators, escalators, and related]
equipment covered by standards adopted under this subchapter;
(2) [the] enforcement of those standards;
(3) registration [the certification] of qualified
[persons as] inspectors and contractors [for the purposes of this
subchapter]; [and]
(4) licensure of elevator mechanics and elevator cab
renovators;
(5) the form of [the] inspection documents, contractor
reports, [report] and certificates [certificate] of compliance;
(6) notification to building owners, architects, and
other building industry professionals regarding the necessity of
annually inspecting equipment;
(7) approval of continuing education programs for
registered QEI-1 certified inspectors and licensed elevator
mechanics; and
(8) standards of conduct for individuals who are
licensed or registered under this subchapter.
(b) The commissioner by rule may not [require that]:
(1) require inspections of equipment to [inspection]
be made more often than every 12 months, except as provided by
Subsection (c) [once per year of elevators, escalators, and related
equipment];
(2) require persons to post a bond or furnish
insurance or to have minimum experience or education as a condition
of certification, registration, or licensure; [and]
(3) require inspection reports or certificates of
compliance to be placed in locations other than one provided in
Section 754.019(a)(4);
(4) require building owners to submit to the
department proposed plans for equipment installation or
alteration;
(5) prohibit a QEI-1 certified inspector who is
registered with the department from inspecting equipment; or
(6) require an inspection report or certificate of
compliance to be placed inside or immediately outside an elevator
cab or escalator or in the lobby or hallways of a building.
(c) The commissioner by rule may require a reinspection or
recertification of equipment if the equipment has been altered and
poses a significant threat to passenger or worker safety or if an
annual inspection report indicates an existing violation has
continued longer than permitted in a delay granted by the
commissioner.
(d) The commissioner by rule may charge a fee for:
(1) registering or renewing registration of an
inspector, not to exceed $200;
(2) registering or renewing registration of a
contractor, not to exceed $300;
(3) applying for a certificate of compliance, not to
exceed $15 for each unit of equipment;
(4) filing an inspection report as required by Section
754.019(a)(3), 30 days or more after the date the report is due, not
to exceed $3 for each day the report remains not filed after the
date the report is due;
(5) applying for a waiver or delay, not to exceed $100
for each violation;
(6) applying for a license or license renewal, not to
exceed $125;
(7) applying for a 30-day temporary or emergency
license or license renewal, not to exceed $125;
(8) reinstating an expired license in accordance with
this subchapter, not to exceed $250;
(9) applying for approval of a continuing education
program for licensed elevator mechanics or registered QEI-1
inspectors, other than a program sponsored by the department, not
to exceed $200;
(10) attending a continuing education program
sponsored by the department for licensed elevator mechanics or
registered QEI-1 inspectors, not to exceed $75; and
(11) applying for approval or certification of a
long-term education program, not to exceed $500 [754.019(4)].
Sec. 754.016. INSPECTION DOCUMENTS [REPORT] AND
CERTIFICATE OF COMPLIANCE. (a) An inspection report and a
certificate of compliance required under this subchapter must cover
each unit of [all elevators, escalators, and related] equipment [in
a building or structure appurtenant to the building, including a
parking facility, that are owned by the same person or persons].
There shall be separate [only one] inspection reports [report] and
certificates [one certificate] of compliance for each unit of
equipment [building].
(b) An inspector shall date and sign an inspection report
and shall issue the report to the building owner not later than the
10th calendar day after the date of inspection. [The inspection
report shall be on forms designated by the commissioner.]
(c) The commissioner shall [date and sign a certificate of
compliance and shall] issue a [the] certificate of compliance to
the building owner if an application is submitted by the building
owner with applicable fees and the application reflects that:
(1) the[. The certificate of compliance shall state
that the elevators, escalators, and related] equipment has [have]
been inspected by a certified inspector;
(2) the inspection report shows the equipment is [and
found by the inspector to be] in compliance with the requirements of
this chapter; and
(3) to the extent the report shows any noncompliance
that does not pose an imminent and significant danger, the building
owner:
(A) acknowledges the noncompliance will be
remedied within a reasonable period, not later than six months
following the date of the inspection report; or
(B) has been granted a waiver or delay for
compliance by the commissioner[, except for any delays or waivers
granted by the commissioner and stated in the certificate].
Sec. 754.017. CERTIFIED INSPECTORS. (a) In order to
inspect equipment, an individual must:
(1) be registered [An inspector must register] with
the department;
(2) attend educational programs approved by the
department;
(3) [and] be certified as a QEI-1 [an ASME-QEI-1]
inspector by an organization accredited by the American Society of
Mechanical Engineers; and
(4) pay all applicable fees. [Any certification
charges or fees shall be paid by the inspector.]
(b) [The commissioner may not by rule prohibit an ASME-QEI-1
certified inspector who is registered with the department from
inspecting under this subchapter an elevator, an escalator, or
related equipment.] A person assisting a certified inspector and
working under the direct, on-site supervision of the inspector is
not required to be [ASME-QEI-1] certified.
(c) A registration expires on the first anniversary of the
date of issuance.
(d) A certified inspector may not be required to attend more
than seven hours of continuing education during each licensing
period. [The commissioner may charge a $15 fee to certified
inspectors for registering with the department.]
Sec. 754.0171. CONTRACTOR REGISTRATION. (a) A person may
not install, repair, or maintain equipment without registering as a
contractor with the department as required by this subchapter.
(b) A contractor shall submit an application for
registration and pay appropriate fees to the department. The
registration application form may require information concerning
the background, experience, or identity of the applicant.
(c) A registration expires on the first anniversary of the
date of issuance.
(d) A person registering as a contractor under this
subchapter shall submit to the department an initial report, not
later than the 60th day following the application date, containing:
(1) the street address of each building or location at
which the person performed installation, repair, alteration, or
maintenance of equipment for the previous two years; and
(2) the name and mailing address of the building
owner.
(e) After the initial report required by Subsection (d), a
contractor registered as required by this subchapter shall submit
to the department a quarterly report containing:
(1) the street address of each building or location at
which the contractor performed installation, repair, alteration,
or maintenance of equipment not reported in the contractor's
initial report to the department under Subsection (d); and
(2) the name and mailing address of the building
owner.
(f) Installation, repair, alteration, and maintenance
standards for contractors must be consistent with ASME Code A17.1,
ASME Code A17.3, ASME Code A18.1, and ASCE Code 21.
Sec. 754.0172. ELEVATOR MECHANIC LICENSE. (a) Except as
provided by this section, an individual may not install, repair,
wire, test, or maintain equipment without obtaining an elevator
mechanic license or an emergency or temporary elevator mechanic
license.
(b) An individual who is directly supervised by a licensed
elevator mechanic on-site in a building or building complex is not
required to be licensed under Subsection (a). The commissioner may
adopt rules listing the work activities an unlicensed individual
may perform on equipment without being under the direct supervision
of a licensed elevator mechanic.
(c) The commissioner shall adopt rules providing for the
issuance of a 30-day emergency license and a 30-day temporary
license. The commissioner may waive any license examination
requirement for an applicant with a valid license from another
state that has a reciprocity agreement with this state. An
individual who applies for a temporary or emergency license or a
license by reciprocity shall pay an application fee not to exceed
$125 to the department.
(d) An applicant for an elevator mechanic license under
Subsection (a) must be at least 18 years old. The application must
be in a form prescribed by the commissioner and must be verified and
accompanied by:
(1) a statement of the applicant's practical
experience, as described by Subsection (f);
(2) the examination fee; and
(3) information about any felony conviction or
deferred adjudication history of the applicant.
(e) Except as provided by this subsection, the commissioner
shall issue an elevator mechanic license to an applicant who
possesses the required qualifications, passes the appropriate
examination, and pays the applicable license fee. An applicant who
fails an examination is eligible for reexamination on compliance
with Subsection (d).
(f) The practical experience must be in the area of
installation and repair of equipment.
(g) Unless the license has been suspended or revoked, the
commissioner shall annually renew an elevator mechanic license on
receipt of the applicable fee, the application for renewal, and
proof of completion of continuing education requirements. The
commissioner shall adopt rules providing for reinstatement of a
license on payment of the applicable fee if application for renewal
is made not later than the 30th day after the date the license
expires.
(h) The department may recognize and certify continuing
education programs and long-term training programs for elevator
mechanics. A program provider shall pay the applicable fee to the
department when applying for department approval of a program.
(i) The examination must primarily be on the subjects
described by Subsection (f). Not later than the 30th day after the
date an examination is administered, the commissioner shall notify
each examinee of the results of the examination. If an examination
is graded or reviewed by a national testing service, the
commissioner shall notify examinees of the results of the
examination not later than the 14th day after the date the
commissioner receives the results from the testing service. If the
notice of an examination result is delayed for longer than 90 days
after the examination date, the commissioner shall notify the
examinee of the reason for the delay before the 90th day.
(j) The commissioner shall prepare and administer
examinations and continuing education programs for licenses or
certify other persons to perform those functions. An elevator
mechanic licensed under this subchapter must attend seven hours of
required continuing education during each licensing period.
Sec. 754.0173. ELEVATOR CAB RENOVATOR LICENSE. (a) Except
as provided by this section, an individual may not enter an elevator
hoistway to make an evaluation in connection with renovation of an
elevator cab or to renovate the interior of the cab without
obtaining an elevator cab renovator license.
(b) A licensed elevator mechanic or an individual who is
directly supervised by a person holding an elevator cab renovator
license is not required to be licensed under Subsection (a).
(c) The commissioner may waive any license examination
requirement for an applicant with a valid license comparable to an
elevator mechanic license or elevator cab renovator license from
another state that has a reciprocity agreement with this state.
(d) An applicant for an elevator cab renovator license under
Subsection (a) must be at least 18 years old. The application must
be in a form prescribed by the commissioner and must be verified and
accompanied by:
(1) a statement of the applicant's practical
experience, as described by Subsection (f);
(2) the examination fee; and
(3) information about any felony conviction or
deferred adjudication history of the applicant.
(e) Except as provided by this subsection, the commissioner
shall issue an elevator cab renovator license to an applicant who
possesses the required qualifications, passes the appropriate
examination, and pays the applicable license fee. An applicant who
fails an examination is eligible for reexamination on compliance
with Subsection (d).
(f) The practical experience must be in the safety aspects
of lighting, glass, mirrors, fire retardant materials, weight
factors, cab finish-out installation, and performance of any aspect
of elevator cab renovation that involves stopping or securing an
elevator or entering the hoistway of an elevator for cab renovation
purposes.
(g) Unless the license has been suspended or revoked, the
commissioner shall annually renew an elevator cab renovator license
on receipt of the applicable fee and the application for renewal.
The commissioner shall adopt rules providing for reinstatement of a
license on payment of the applicable fee if application for renewal
is made not later than the 30th day after the date the license
expires.
(h) The examination must primarily be on the subjects
described by Subsection (f). Not later than the 30th day after the
date an examination is administered, the commissioner shall notify
each examinee of the results of the examination. If an examination
is graded or reviewed by a national testing service, the
commissioner shall notify examinees of the results of the
examination not later than the 14th day after the date the
commissioner receives the results from the testing service. If the
notice of an examination result is delayed for longer than 90 days
after the examination date, the commissioner shall notify the
examinee of the reason for the delay before the 90th day and shall
issue a temporary license, which shall be valid until the
examination result is received.
(i) The commissioner shall prepare and administer
examinations for licenses or certify other persons to perform those
functions.
Sec. 754.0174. INSPECTION FEE. [(a) A person inspecting an
elevator, an escalator, or related equipment under this subchapter
may not charge more than $65 per elevator cab or per escalator for
each inspection.
[(b)] The amount charged for an inspection or the
performance of an inspection of equipment under this subchapter may
not be contingent on the existence of a maintenance contract
between the person performing the inspection and any other person.
Sec. 754.018. POWERS OF MUNICIPALITIES. Subject to Section
754.014(h), if [If] a municipality operates a program for the
installation, maintenance, alteration, inspection, or [and]
certification of [elevators, escalators, and related] equipment,
this subchapter shall not apply to the [elevators, escalators, and
related] equipment in that municipality, provided that the
standards of installation, maintenance, alteration, inspection,
and certification are at least equivalent to [no less stringent
than] those contained in this subchapter.
Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The
owner of real property on which [an elevator, an escalator, or
related] equipment covered by this subchapter is located shall:
(1) have the [elevator, escalator, or related]
equipment inspected annually by a [an ASME-QEI-1] certified
inspector [in accordance with the commissioner's rules];
(2) obtain an inspection report from the inspector
evidencing that all [elevators, escalators, and related] equipment
in a building on the real property was [were] inspected in
accordance with this subchapter and rules adopted under this
subchapter;
(3) file with the department the [commissioner a copy
of each] inspection report for each unit of equipment, and all
applicable fees, [and a $20 filing fee for each report, plus $5 for
each elevator, escalator, or related equipment] not later than the
60th day after the date on which an inspection is made under this
subchapter;
(4) display the certificate of compliance or a copy of
the certificate:
(A) in each [the] elevator mechanical room if the
certificate relates to an elevator;
(B) in each [the] escalator box if the
certificate relates to an escalator; or
(C) in a place designated by rule if related to
equipment other than an elevator or escalator [the commissioner if
the certificate relates to related equipment]; and
(5) display the inspection report at the locations
designated in Subdivision (4) until a certificate of compliance is
issued [by the commissioner].
(b) When an inspection report is filed [with the
commissioner], the owner shall submit to the department, as
applicable [commissioner]:
(1) verification that any deficiencies in the
inspector's report have been remedied or that a bona fide contract
to remedy the deficiencies has been entered into; or
(2) any application for delay or waiver of an
applicable standard.
(c) [An inspection must be made not later than 18 months
after the previous calendar year's inspection. This subsection
does not affect the requirement that elevators, escalators, or
related equipment be inspected at least once each calendar year.
[(d)] For the purpose of determining timely filing under
Subsection (a)(3) and Section 754.016(b), an inspection report and
filing fees [fee] are considered filed on the earlier of:
(1) the date of personal delivery;
(2) the date of postmark [mailing] by United States
mail if properly addressed to the department; or
(3) the date of deposit with a commercial courier
service, if properly addressed to the department [commissioner].
(d) [(e) If the inspection report and fee required by
Subsection (a)(3) are not timely filed, the commissioner may charge
the owner of the real property on which the elevator, escalator, or
related equipment is located an additional $100 fee for late
filing.
[(f) The commissioner may not require that an inspection
report or certificate of compliance be placed inside or immediately
outside an elevator cab or escalator or in the lobby or hallways of
a building.
[(g)] A fee may not be charged or collected for a
certificate of compliance for an institution of higher education as
defined in Section 61.003, Education Code.
(e) An owner shall report to the department each accident
involving equipment not later than 72 hours following the accident.
Sec. 754.020. CHIEF ELEVATOR INSPECTOR [DEPOSIT OF FEES].
The commissioner may appoint a chief elevator inspector to
administer the equipment inspection and registration program. The
chief elevator inspector:
(1) may not have a financial or commercial interest in
the manufacture, maintenance, repair, inspection, installation, or
sale of equipment; and
(2) must possess a QEI-1 certification or obtain the
certification within six months after becoming chief inspector.
[Fees collected under this subchapter shall be deposited to the
credit of an account in the general revenue fund that may be used by
the commissioner only to administer and enforce this subchapter and
to reimburse expenses of board members provided by this
subchapter.]
Sec. 754.021. LIST OF REGISTERED INSPECTORS AND CONTRACTORS
AND LICENSED ELEVATOR MECHANICS AND ELEVATOR CAB RENOVATORS [;
PERSONNEL]. The commissioner shall [may]:
(1) compile a list of [ASME-QEI-1] certified
inspectors and contractors who are registered with the department
and elevator mechanics and elevator cab renovators who are licensed
by the department [to perform an inspection under this subchapter];
and
(2) employ personnel who are [as] necessary to enforce
this subchapter.
Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the department
[commissioner] learns of a situation of noncompliance under Section
754.019, the department [commissioner] shall send notice by
certified mail of the noncompliance and the actions required to
remedy the noncompliance to the record owner of the real property on
which the equipment that is the subject of the noncompliance is
located.
Sec. 754.023. INVESTIGATION; REGISTRATION AND LICENSE
PROCEEDINGS; INJUNCTION; EMERGENCY ORDERS. (a) If there is good
cause [for the commissioner] to believe that [an elevator, an
escalator, or related] equipment on real property poses an imminent
and significant danger [is dangerous] or that an accident involving
[an elevator, an escalator, or related] equipment occurred on the
property and serious bodily injury or property damage resulted, a
department employee [the commissioner] may 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.
(b) The department employee [commissioner] may enter real
property during regular business hours after notice to the owner,
operator, or person in charge of the property to verify, at no cost
to the owner, whether an inspection report or certificate of
compliance has been displayed as required under Section 754.019(a).
(c) The commissioner may deny, suspend, or revoke a license
or [the] registration under this subchapter and may assess an
administrative penalty [of any ASME-QEI-1 certified inspector]
for:
(1) obtaining a license or registration [with the
commissioner] by fraud or false representation;
(2) falsifying a [any inspection] report [submitted to
the commissioner]; or
(3) violating this subchapter or a rule adopted under
this subchapter.
(d) Proceedings for the denial, suspension, or revocation
of a license or registration and appeals from those proceedings are
governed by Chapter 2001, Government Code (the Administrative
Procedure Act).
(e) The commissioner is entitled to appropriate injunctive
relief to prevent a violation or threatened violation of this
subchapter or a rule adopted under this subchapter.
(f) [(e)] The commissioner may bring suit in a district
court in Travis County or in the county in which the violation or
threatened violation occurs. If requested, the attorney general
shall represent the department and its personnel [commissioner] in
the suit.
(g) The commissioner may issue an emergency order as
necessary to enforce this subchapter if the commissioner determines
that an emergency exists requiring immediate action to protect the
public health and safety.
(h) The commissioner may issue an emergency order with
simultaneous notice and without hearing or with the notice and
opportunity for hearing practicable under the circumstances.
(i) If an emergency order is issued under this section
without a hearing, the commissioner shall set the time and place for
a hearing to affirm, modify, or set aside the emergency order not
later than the 10th day after the date the order was issued.
(j) An emergency order may direct a building owner or
manager to disconnect power to or lock out equipment if:
(1) the department determines imminent and
significant danger to passenger safety exists if action is not
taken immediately and reasonable effort has been made for voluntary
compliance by notification to the building owner or manager of the
danger before the issuance of an emergency order; or
(2) an annual inspection has not been performed in
more than two years and:
(A) the department gives the building owner or
manager, or the agent of the building owner or manager, 60 days'
written notice by certified mail directing the equipment to be
inspected according to this subchapter; and
(B) after the expiration of the notice period
under Paragraph (A), the department gives the building owner or
manager, or the agent of the building owner or manager, written
notice by certified mail stating that an order to disconnect power
or lock out equipment will be made after the seventh day after the
date notice is delivered.
(k) If an emergency order to disconnect power or lock out
equipment is issued, the building owner or manager may have the
power reconnected or the equipment unlocked only if:
(1) a registered inspector or contractor or a
department representative has filed a written form with the
department verifying the imminent and significant danger has been
removed by repair, replacement, or other means; and
(2) the building owner, before the reconnection of
power or unlocking of equipment, reimburses the department for all
expenses incurred relating to the disconnection of power or
lockout.
(l) The commissioner or the commissioner's designee may
allow delayed payment if the building owner or manager commits in
writing to pay the department for the expenses required by
Subsection (k) not later than the 10th day after the date power is
reconnected or equipment is unlocked.
(m) If an emergency order to disconnect power or lock out
equipment is issued and the building owner later notifies the
department that the imminent and significant danger no longer
exists, the commissioner or the commissioner's designee shall,
after the requirements of Subsection (k) are satisfied, promptly
issue written permission to reconnect power or unlock the equipment
and notify the owner.
Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an
offense if the person receives notice of noncompliance under
Section 754.022 and the person has not remedied the noncompliance
or entered into a bona fide contract to remedy the noncompliance
before the 61st day after the date on which the notice is received.
(b) An offense under this section is a Class C misdemeanor.
(c) Each day of an offense under Subsection (a) constitutes
a separate offense.
Sec. 754.025. APPLICATION OF CERTAIN LAW. Chapter 53,
Occupations Code, applies to a license or registration under this
subchapter.
SECTION 2. (a) This Act takes effect September 1, 2003,
except that:
(1) a contractor is not required to be registered
under Section 754.0171, Health and Safety Code, as amended by this
Act, before January 1, 2004;
(2) an individual is not required to be licensed under
Section 754.0172, Health and Safety Code, as added by this Act,
before January 1, 2004; and
(3) an escalator constructed before September 1, 2003,
is not required to comply with step/skirt index requirements
imposed under the 2002 American Society of Mechanical Engineers
Safety Code for Elevators and Escalators A17.3 before September 1,
2009.
(b) An applicant for an elevator mechanic license under
Section 754.0172, Health and Safety Code, as added by this Act, or
an elevator cab renovator license under Section 754.0173, Health
and Safety Code, as added by this Act, who has 36 months of
practical experience at the time of application and who applies for
the license not later than December 31, 2003, is not required to
take the required examination. The practical experience must be in
the areas described by Section 754.0172 or Section 754.0173, as
applicable.
(c) A member of the elevator advisory board serving on the
effective date of this Act continues to serve until removed by the
governor or until the member's successor is appointed by the
governor.