CHAPTER 754. ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE A. PUBLIC SAFETY
CHAPTER 754. ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT
SUBCHAPTER A. SAFETY DEVICES
Sec. 754.001. SAFETY DEVICE REQUIREMENT FOR PASSENGER ELEVATORS.
(a) A person may not operate a passenger elevator in a building
located in this state unless the elevator is equipped with a
device that will prevent the elevator's movement if the
elevator's door or gate is open.
(b) Installation of a device, the design of which has been
approved by the National Bureau of Standards or by the Industrial
Accident Board, is prima facie evidence that the person has
complied with this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 754.002. REVIEW OF DESIGNS. (a) The Industrial Accident
Board shall inspect and approve or disapprove each model,
drawing, or design of an elevator safety device submitted to the
board in Austin under Section 754.001.
(b) The board shall charge a $10 fee to inspect and approve or
disapprove the model, drawing, or design.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 754.003. CRIMINAL PENALTY. (a) An individual, a member of
a partnership, or a director, president, general manager,
employee, agent, trustee, or receiver of a corporation that owns,
leases, or is in charge of a building in which a passenger
elevator is operated commits an offense if the elevator is
operated and is not equipped with a safety device as prescribed
by Section 754.001.
(b) An offense under this section is a misdemeanor punishable by
a fine of not less than $5 or more than $25.
(c) Each day a passenger elevator is operated without a safety
device as prescribed by Section 754.001 constitutes a separate
offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. INSPECTION, CERTIFICATION, AND REGISTRATION
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, as it existed on
January 1, 2004, or any subsequent revision of that code adopted
after a review by the commission, as required by law.
(6) "ASME Code A17.1" means the American Society of Mechanical
Engineers Safety Code for Elevators and Escalators (Bi-national
standard with CSA B44-2007), ASME A17.1/CSA-B44, as it existed on
January 1, 2004, or any subsequent revision of that code adopted
after a review by the commission, as required by law.
(6-a) "Executive director" means the executive director of the
department.
(7) "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, as it existed on January 1, 2004, or any subsequent
revision of that code adopted after a review by the commission,
as required by law.
(9) "Board" means the elevator advisory board.
(10) "Commission" means the Texas Commission of Licensing and
Regulation.
(11) Repealed by Acts 2007, 80th Leg., R.S., Ch. 574, Sec. 4,
eff. June 16, 2007.
(12) "Contractor" means a person engaged in the installation,
repair, or maintenance of equipment. The term does not include an
employee of a contractor 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) "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 or contractors working in that
facility.
(16) "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) "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 escalator, a
chairlift, a platform lift, an automated people mover operated by
cables, or 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.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
574, Sec. 1, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch.
574, Sec. 4, eff. June 16, 2007.
Sec. 754.0111. EXEMPTION. (a) This subchapter does not apply
to equipment in a private building 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.
Added by Acts 1995, 74th Leg., ch. 974, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator
advisory board is composed of nine members appointed by the
presiding officer of the commission, with the commission's
approval, as follows:
(1) a representative of the insurance industry or a certified
elevator inspector;
(2) a representative of equipment constructors;
(3) a representative of owners or managers of a building having
fewer than six stories and having equipment;
(4) a representative of owners or managers of a building having
six stories or more and having equipment;
(5) a representative of independent equipment maintenance
companies;
(6) a representative of equipment manufacturers;
(7) a licensed or registered engineer or architect;
(8) a public member; and
(9) a public member with a physical disability.
(b) Board members serve at the will of the commission.
(c) The presiding officer of the commission, with the
commission's approval, shall appoint a presiding officer of the
board to serve for two years.
(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.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Sec. 754.013. BOARD DUTIES. To protect public safety and to
identify and correct potential hazards, the board shall advise
the commission on:
(1) the adoption of appropriate standards for the installation,
alteration, operation, and inspection of equipment;
(2) the status of equipment used by the public in this state;
(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 commission.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Sec. 754.014. STANDARDS ADOPTED BY COMMISSION. (a) The
commission shall adopt standards for the installation,
maintenance, alteration, operation, and inspection of 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 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 commission may not contain
requirements in addition to the requirements in the ASME Code
A17.1, 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 commission must require equipment
to comply with the installation requirements of 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 equipment.
(d) Standards adopted by the commission must require equipment
to comply with the installation requirements of the ASME Code
A17.3 that contains minimum safety standards for all equipment,
regardless of the date of installation.
(e) The executive director shall grant a delay for compliance
with the applicable ASME Code A17.1, 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 executive
director.
(f) The executive director shall grant a delay until September
1, 2012, for compliance with the requirements for firefighter's
service in the 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 and the equipment was not subsequently installed.
This subsection expires October 1, 2012.
(f-1) The executive director shall grant a delay until September
1, 2010, for compliance with the requirements for door
restrictors in the ASME Code A17.3. This subsection expires
October 1, 2010.
(g) The executive director may grant a waiver of compliance from
an applicable code requirement if the executive director finds
that:
(1) the building in which the equipment is located is a
qualified historic building or facility or the noncompliance is
due to structural components of the building;
(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 executive director 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 executive director may grant a waiver of
compliance with the firefighter's service provisions of the ASME
Code A17.1 or the 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 equipment in an industrial
facility, or in a grain silo, radio antenna, bridge tower,
underground facility, or dam, to which access is limited
primarily to employees of or working in that facility or
structure.
(j) One application for a waiver or delay may contain all
requests related to a unit of equipment. A delay may not be
granted indefinitely but must be granted for 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 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 equipment was
installed or altered or, if a municipal building permit was not
issued, the date that electrical consumption began for the
construction of the building in which the equipment was
installed.
(l) Standards adopted by the commission may include and be
guided by revised versions of ASME Code A17.1, ASME Code A18.1,
and ASCE Code 21, as appropriate.
(m) The executive director may on application of a person and in
accordance with procedures adopted by the commission, grant a
variance to allow the installation of new technology if the new
component, system, subsystem, function, or device is equivalent
or superior to the standards adopted by the commission.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 974, Sec. 1, eff. Sept.
1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
574, Sec. 2, eff. June 16, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1181, Sec. 1, eff. June 19, 2009.
Sec. 754.0141. 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 commission 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.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Sec. 754.015. RULES. (a) The commission by rule shall provide
for:
(1) an annual inspection and certification of the equipment
covered by standards adopted under this subchapter;
(2) enforcement of those standards;
(3) registration of qualified inspectors and contractors;
(4) the form of inspection documents, contractor reports, and
certificates of compliance;
(5) notification to building owners, architects, and other
building industry professionals regarding the necessity of
annually inspecting equipment;
(6) approval of continuing education programs for registered
QEI-1 certified inspectors; and
(7) standards of conduct for individuals who are registered
under this subchapter.
(b) The commission by rule may not:
(1) require inspections of equipment to be made more often than
every 12 months, except as provided by Subsection (c);
(2) require persons to post a bond or furnish insurance or to
have minimum experience or education as a condition of
certification or registration;
(3) require building owners to submit to the department proposed
plans for equipment installation or alteration; or
(4) prohibit a QEI-1 certified inspector who is registered with
the department from inspecting equipment.
(c) The commission 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
executive director.
(d) The executive director may charge a reasonable fee as set by
the commission for:
(1) registering or renewing registration of an inspector;
(2) registering or renewing registration of a contractor;
(3) applying for a certificate of compliance;
(4) filing an inspection report as required by Section
754.019(a)(3), 30 days or more after the date the report is due,
for each day the report remains not filed after the date the
report is due;
(5) applying for a waiver, variance, or delay; and
(6) attending a continuing education program sponsored by the
department for registered QEI-1 inspectors.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
574, Sec. 3, eff. June 16, 2007.
Sec. 754.016. INSPECTION REPORTS AND CERTIFICATES OF COMPLIANCE.
(a) Inspection reports and certificates of compliance required
under this subchapter must cover all equipment in a building or
structure appurtenant to the building, including a parking
facility, that are owned by the same person or persons.
(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.
(c) The executive director shall date and sign a certificate of
compliance and shall issue the certificate to the building owner.
The certificate of compliance shall state:
(1) that the equipment has been inspected by a certified
inspector and found by the inspector to be in compliance, except
for any delays or waivers granted by the executive director and
stated in the certificate;
(2) the date of the last inspection and the due date for the
next inspection; and
(3) contact information at the department to report a violation
of this subchapter.
(d) The commission by rule shall:
(1) specify what information must be contained in a certificate
of compliance;
(2) describe the procedure by which a certificate of compliance
is issued;
(3) require that a certificate of compliance related to an
elevator be posted in a publicly visible area of the building;
and
(4) determine what constitutes a "publicly visible area" under
Subdivision (3).
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Sec. 754.017. CERTIFIED INSPECTORS. (a) In order to inspect
equipment, an individual must:
(1) be registered with the department;
(2) attend educational programs approved by the department;
(3) be certified as a QEI-1 inspector by an organization
accredited by the American Society of Mechanical Engineers; and
(4) pay all applicable fees.
(b) A person assisting a certified inspector and working under
the direct, on-site supervision of the inspector is not required
to be 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.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
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.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Sec. 754.0172. INSPECTION FEE. 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.
Added by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1,
1995. Renumbered from Health & Safety Code Sec. 754.0171 and
amended by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1,
2003.
Sec. 754.018. POWERS OF MUNICIPALITIES. Subject to Section
754.014(h), if a municipality operates a program for the
installation, maintenance, alteration, inspection, or
certification of equipment, this subchapter shall not apply to
the equipment in that municipality, provided that the standards
of installation, maintenance, alteration, inspection, and
certification are at least equivalent to those contained in this
subchapter.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The owner of
real property on which equipment covered by this subchapter is
located shall:
(1) have the equipment inspected annually by a certified
inspector;
(2) obtain an inspection report from the inspector evidencing
that all equipment in a building on the real property was
inspected in accordance with this subchapter and rules adopted
under this subchapter;
(3) file with the executive director each inspection report, and
all applicable fees, not later than the 60th day after the date
on which an inspection is made under this subchapter;
(4) display the certificate of compliance:
(A) in a publicly visible area of the building, as determined by
commission rule under Section 754.016, if the certificate relates
to an elevator;
(B) in the escalator box if the certificate relates to an
escalator; or
(C) in a place designated by the executive director if the
certificate relates to equipment other than an elevator or
escalator; and
(5) display the inspection report at the locations designated in
Subdivision (4) until a certificate of compliance is issued.
(b) When an inspection report is filed, the owner shall submit
to the executive director, as applicable:
(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) For the purpose of determining timely filing under
Subsection (a)(3) and Section 754.016(b), an inspection report
and filing fees are considered filed on the earlier of:
(1) the date of personal delivery;
(2) the date of postmark by United States mail if properly
addressed to the executive director; or
(3) the date of deposit with a commercial courier service, if
properly addressed to the executive director.
(d) 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.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Sec. 754.020. CHIEF ELEVATOR INSPECTOR. The executive director
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.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Sec. 754.021. LIST OF REGISTERED INSPECTORS AND CONTRACTORS.
The executive director shall:
(1) compile a list of certified inspectors and contractors who
are registered with the department; and
(2) employ personnel who are necessary to enforce this
subchapter.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, 26.006,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff.
Sept. 1, 2003.
Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the department learns
of a situation of noncompliance under Section 754.019, the
department 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.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Sec. 754.023. INVESTIGATION; REGISTRATION PROCEEDINGS;
INJUNCTION; EMERGENCY ORDERS. (a) If there is good cause for
the executive director to believe that equipment on real property
poses an imminent and significant danger or that an accident
involving equipment occurred on the property and serious bodily
injury or property damage resulted, the executive director may
enter the property during regular business hours after notice to
the owner, operator, or person in charge of the property to
inspect the equipment or investigate the danger or accident at no
cost to the owner.
(b) The executive director 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 commission may deny, suspend, or revoke a registration
under this subchapter and may assess an administrative penalty
for:
(1) obtaining registration with the executive director by fraud
or false representation;
(2) falsifying a report submitted to the executive director; or
(3) violating this subchapter or a rule adopted under this
subchapter.
(d) Proceedings for the denial, suspension, or revocation of a
registration and appeals from those proceedings are governed by
Chapter 2001, Government Code.
(e) The executive director is entitled to appropriate injunctive
relief to prevent a violation or threatened violation of this
subchapter or a rule adopted under this subchapter.
(f) The executive director 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 executive director in the suit.
(g) The executive director may issue an emergency order as
necessary to enforce this subchapter if the executive director
determines that an emergency exists requiring immediate action to
protect the public health and safety.
(h) The executive director 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 executive director 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 executive director or the executive director'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 executive director or the executive director'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.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
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.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.
1, 2003.
Sec. 754.025. APPLICATION OF CERTAIN LAW. (a) Chapter 53,
Occupations Code, applies to a registration under this
subchapter.
(b) Sections 51.401 and 51.404, Occupations Code, do not apply
to this subchapter.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.