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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation, registration, and certification of |
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inspectors for elevators, escalators, and related equipment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 754.012, Health and |
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Safety Code, is amended to read as follows: |
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(a) The elevator advisory board is composed of nine members |
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appointed by the presiding officer of the commission, with the |
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commission's approval, as follows: |
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(1) a representative of the insurance industry or a |
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registered [certified] elevator inspector; |
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(2) a representative of equipment constructors; |
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(3) a representative of owners or managers of a |
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building having fewer than six stories and having equipment; |
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(4) a representative of owners or managers of a |
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building having six stories or more and having equipment; |
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(5) a representative of independent equipment |
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maintenance companies; |
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(6) a representative of equipment manufacturers; |
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(7) a licensed or registered engineer or architect; |
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(8) a public member; and |
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(9) a public member with a physical disability. |
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SECTION 2. Subsections (a), (b), (c), (e), and (f), Section |
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754.0141, Health and Safety Code, are amended to read as follows: |
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(a) Elevators, chairlifts, or platform lifts installed in a |
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single-family dwelling on or after January 1, 2004, must comply |
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with the ASME Code A17.1 or A18.1, as applicable, and must be |
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inspected by a registered elevator [QEI-1 certified] inspector |
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after the installation is complete. The inspector shall provide |
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the dwelling owner a copy of the inspection report. |
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(b) The commission shall[, before January 1, 2004,] adopt |
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rules containing minimum safety standards that must be used by |
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registered elevator [QEI-1 certified] inspectors when inspecting |
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elevators, chairlifts, and platform lifts installed in |
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single-family dwellings. |
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(c) A municipality may withhold a certificate of occupancy |
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for a dwelling or for the installation of the elevator or chairlift |
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until the owner provides a copy of the [QEI-1] inspection report to |
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the municipality. |
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(e) On completing installation of equipment in a |
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single-family dwelling, a contractor shall provide the dwelling |
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owner with relevant information, in writing, about use, safety, and |
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maintenance of the equipment, including the advisability of having |
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the equipment periodically and timely inspected by a registered |
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elevator [QEI-1 certified] inspector. |
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(f) An inspection by a registered elevator [QEI-1
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certified] inspector of equipment in a single-family dwelling may |
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be performed only at the request and with the consent of the owner. |
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The owner of a single-family dwelling is not subject to Section |
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754.022, 754.023, or 754.024. |
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SECTION 3. Subsections (a), (b), and (d), Section 754.015, |
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Health and Safety Code, are amended to read as follows: |
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(a) The commission by rule shall provide for: |
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(1) an annual inspection and certification of the |
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equipment covered by standards adopted under this subchapter; |
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(2) enforcement of those standards; |
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(3) registration, including certification, of |
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elevator [qualified] inspectors [and contractors]; |
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(4) registration of contractors; |
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(5) the form of inspection documents, contractor |
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reports, and certificates of compliance; |
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(6) [(5)] notification to building owners, |
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architects, and other building industry professionals regarding |
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the necessity of annually inspecting equipment; |
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(7) [(6)] approval of continuing education programs |
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for registered elevator [QEI-1 certified] inspectors; |
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(8) [(7)] standards of conduct for individuals who are |
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registered under this subchapter; |
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(9) [(8)] general liability insurance as a condition |
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of contractor registration with coverage of not less than: |
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(A) $1 million for each single occurrence of |
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bodily injury or death; and |
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(B) $500,000 for each single occurrence of |
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property damage; |
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(10) [(9)] the submission and review of plans for the |
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installation or alteration of equipment; and |
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(11) [(10)] continuing education requirements for |
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renewal of contractor registration. |
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(b) The commission by rule may not: |
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(1) require inspections of equipment to be made more |
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often than every 12 months, except as provided by Subsection (c); or |
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(2) require persons to post a bond or furnish |
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insurance or to have minimum experience or education as a condition |
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of certification or registration, except as otherwise provided by |
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this chapter[; or
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[(3)
prohibit a QEI-1 certified inspector who is
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registered with the department from inspecting equipment]. |
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(d) The executive director may charge a reasonable fee as |
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set by the commission for: |
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(1) registering or renewing registration of an |
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elevator inspector; |
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(2) registering or renewing registration of a |
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contractor; |
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(3) applying for a certificate of compliance; |
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(4) filing an inspection report as required by Section |
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754.019(a)(3), 30 days or more after the date the report is due, for |
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each day the report remains not filed after the date the report is |
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due; |
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(5) submitting for review plans for the installation |
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or alteration of equipment; |
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(6) reviewing and approving continuing education |
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providers and courses for renewal of elevator inspector and |
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contractor registrations [registration]; |
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(7) applying for a waiver, variance, or delay; and |
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(8) attending a continuing education program |
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sponsored by the department for registered elevator [QEI-1] |
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inspectors. |
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SECTION 4. Subsections (b) and (c), Section 754.016, Health |
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and Safety Code, are amended to read as follows: |
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(b) A registered elevator [An] inspector shall date and sign |
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an inspection report and shall issue the report to the building |
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owner not later than the 10th calendar day after the date of |
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inspection. |
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(c) The executive director shall date and sign a certificate |
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of compliance and shall issue the certificate to the building |
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owner. The certificate of compliance shall state: |
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(1) that the equipment has been inspected by a |
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registered elevator [certified] inspector and found by the |
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inspector to be in compliance, except for any delays or waivers |
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granted by the executive director and stated in the certificate; |
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(2) the date of the last inspection and the due date |
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for the next inspection; and |
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(3) contact information at the department to report a |
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violation of this subchapter. |
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SECTION 5. The heading to Section 754.017, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 754.017. REGISTERED ELEVATOR [CERTIFIED] INSPECTORS. |
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SECTION 6. Subsections (a), (b), and (d), Section 754.017, |
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Health and Safety Code, are amended to read as follows: |
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(a) In order to inspect equipment, an individual must: |
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(1) be registered with the department; |
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(2) attend educational programs approved by the |
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department; |
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(3) be certified as an [a QEI-1] inspector in |
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accordance with the rules adopted by the commission [by an
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organization accredited by the American Society of Mechanical
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Engineers]; [and] |
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(4) comply with the continuing education requirements |
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established by commission rule for registration renewal; and |
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(5) pay all applicable fees. |
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(b) A person assisting a registered elevator [certified] |
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inspector and working under the direct, on-site supervision of the |
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inspector is not required to be registered [certified]. |
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(d) A registered elevator [certified] inspector may not |
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inspect equipment if the inspector or the inspector's employer has |
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a financial or personal conflict of interest or the appearance of |
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impropriety related to the inspection of that equipment [may not be
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required to attend more than seven hours of continuing education
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during each licensing period]. |
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SECTION 7. The heading to Section 754.0174, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF ELEVATOR |
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INSPECTOR AND CONTRACTOR REGISTRATIONS. |
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SECTION 8. Section 754.0174, Health and Safety Code, is |
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amended by adding Subsection (a-1) and amending Subsection (b) to |
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read as follows: |
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(a-1) Each registered elevator inspector must complete |
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continuing education requirements set by commission rule before the |
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inspector may renew the inspector's registration. |
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(b) A provider of continuing education under this section |
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must: |
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(1) register with the department; and |
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(2) comply with rules adopted by the commission |
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relating to continuing education for a registered elevator |
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inspector or designated responsible party, as applicable. |
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SECTION 9. Subsections (a) and (b), Section 754.019, Health |
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and Safety Code, are amended to read as follows: |
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(a) The owner of real property on which equipment covered by |
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this subchapter is located shall: |
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(1) have the equipment inspected annually by a |
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registered elevator [certified] inspector; |
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(2) obtain an inspection report from the inspector |
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evidencing that all equipment in a building on the real property was |
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inspected in accordance with this subchapter and rules adopted |
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under this subchapter; |
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(3) file with the executive director each inspection |
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report, and all applicable fees, not later than the 60th day after |
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the date on which an inspection is made under this subchapter; |
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(4) display the certificate of compliance: |
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(A) in a publicly visible area of the building, |
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as determined by commission rule under Section 754.016, if the |
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certificate relates to an elevator; |
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(B) in the escalator box if the certificate |
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relates to an escalator; or |
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(C) in a place designated by the executive |
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director if the certificate relates to equipment other than an |
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elevator or escalator; and |
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(5) display the inspection report at the locations |
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designated in Subdivision (4) until a certificate of compliance is |
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issued. |
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(b) When an inspection report is filed, the owner shall |
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submit to the executive director, as applicable: |
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(1) verification that any deficiencies in the |
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registered elevator inspector's report have been remedied or that a |
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bona fide contract to remedy the deficiencies has been entered |
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into; or |
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(2) any application for delay or waiver of an |
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applicable standard. |
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SECTION 10. Section 754.020, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 754.020. CHIEF ELEVATOR INSPECTOR. The executive |
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director may appoint a chief elevator inspector to administer the |
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equipment inspection and registration program. The chief elevator |
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inspector: |
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(1) may not have a financial or commercial interest in |
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the manufacture, maintenance, repair, inspection, installation, or |
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sale of equipment; and |
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(2) must possess the [a QEI-1] certification or obtain |
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the certification required under Section 754.017 within six months |
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after becoming chief elevator inspector. |
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SECTION 11. Section 754.021, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS AND |
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CONTRACTORS. The executive director shall: |
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(1) compile a list of elevator [certified] inspectors |
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and contractors who are registered with the department; and |
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(2) employ personnel who are necessary to enforce this |
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subchapter. |
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SECTION 12. Subsection (k), Section 754.023, Health and |
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Safety Code, is amended to read as follows: |
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(k) If an emergency order to disconnect power or lock out |
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equipment is issued, the building owner or manager may have the |
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power reconnected or the equipment unlocked only if: |
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(1) a registered elevator inspector, a registered [or] |
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contractor, or a department representative has filed a written form |
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with the department verifying the imminent and significant danger |
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has been removed by repair, replacement, or other means; and |
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(2) the building owner, before the reconnection of |
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power or unlocking of equipment, reimburses the department for all |
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expenses incurred relating to the disconnection of power or |
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lockout. |
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SECTION 13. (a) The Texas Commission of Licensing and |
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Regulation shall adopt the rules necessary to implement Chapter |
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754, Health and Safety Code, as amended by this Act, not later than |
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January 1, 2014. |
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(b) The changes in law made by this Act apply only to an |
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application submitted to the Texas Department of Licensing and |
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Regulation on or after January 1, 2014, for an elevator inspector |
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registration or for renewal of an elevator inspector registration |
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with an expiration date on or after January 1, 2014. An application |
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for an elevator inspector registration or for renewal of an |
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elevator inspector registration with an expiration date on or after |
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January 1, 2014, that is submitted before January 1, 2014, is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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(c) Subsection (a), Section 754.012, Health and Safety |
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Code, as amended by this Act, applies only to a member appointed to |
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the elevator advisory board on or after January 1, 2014. |
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SECTION 14. This Act takes effect September 1, 2013. |