Sec. 754.011. DEFINITIONS. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

In this subchapter:

(1) "ASME Code A17.1" means the American Society of Mechanical Engineers Safety Code for Elevators and Escalators A17.1.

(2) "ASME Code A17.3" means the American Society of Mechanical Engineers Safety Code for Elevators and Escalators A17.3.

(3) "Board" means the elevator advisory board.

(4) "Commission" means the Texas Commission of Licensing and Regulation.

(5) "Commissioner" means the commissioner of licensing and regulation.

(6) "Department" means the Texas Department of Licensing and Regulation.

(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.

(8) "Related equipment" means automatic equipment that is used to move a person in a manner that is similar to that of an elevator or escalator and includes a moving sidewalk.

Sec. 754.0111. EXEMPTION. (Effective September 1, 1995 by Acts of the 74th Legislature)

This subchapter does not apply to an elevator, escalator, or related equipment in a private building for a labor union, trade association, private club, or charitable organization that has two or fewer floors.

Sec. 754.012. ELEVATOR ADVISORY BOARD. (Effective September 1, 1993 by Acts of the 73rd Legislature)

(a) The elevator advisory board is composed of nine members appointed by the 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 buildings having fewer than six stories and having an elevator, an escalator, or related equipment;

(4) a representative of owners or managers of 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 representative of professional engineers or architects;

(8) a public member; and

(9) a public member with a physical disability.

(b) Board members serve at the will of the commissioner.

(c) The 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 and other necessary expenses incurred in performing duties under this subchapter.

Sec. 754.013. BOARD DUTIES. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

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) any other matter considered relevant by the commissioner.

Sec. 754.014. STANDARDS ADOPTED BY COMMISSIONER. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

(a) The commissioner shall adopt standards for the installation, alteration, operation, and inspection of elevators, escalators, and related equipment used by the public in:

(1) buildings owned or operated by the state, a stateowned 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.

(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 that was in effect 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) 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 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.

(f) 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 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 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.

(h) 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 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 particular building. A delay may not be granted indefinitely but must be granted to a specified time.

(k) For purposes of this section, the date of installation is the date the owner of the real property entered into a contract for the purchase of the elevators, escalators, or related equipment. If that date cannot be established, the date of installation is the date of issuance of the municipal building permit under which the elevators, escalators, or related equipment was 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. 754.015. RULES. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

(a) The commissioner by rule shall provide for:

(1) the inspection and certification once each calendar year of elevators, escalators, and related equipment covered by standards adopted under this subchapter;

(2) the enforcement of those standards;

(3) the certification of qualified persons as inspectors for the purposes of this subchapter; and

(4) the form of the inspection report and certificate of compliance.

(b) The commissioner by rule may not require that:

(1) inspection be made more often than once per year of elevators, escalators, and related equipment;

(2) persons post a bond or furnish insurance as a condition of certification; and

(3) inspection reports or certificates of compliance be placed in locations other than one provided in Section 754.019(4).

Sec. 754.016. INSPECTION REPORT AND CERTIFICATE OF COMPLIANCE. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

(a) An inspection report and a certificate of compliance required under this subchapter must cover 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 orpersons. There shall be only one inspection report and one certificate of compliance for each building.

(b) An inspector shall date and sign an inspection report and shall issue the report to the building owner. 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 the certificate to the building owner. The certificate of compliance shall state that the elevators, escalators, and related equipment have been inspected by a certified inspector and found by the inspector to be in compliance, except for any delays or waivers granted by the commissioner and stated in the certificate.

Sec. 754.017. CERTIFIED INSPECTORS. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

(a) An inspector must register with the department and be certified as an ASME-QEI-1 inspector by an organization accredited by the American Society of Mechanical Engineers. Any certification charges or fees shall be paid by the inspector.

(b) The commissioner may not by rule prohibit an ASMEQEI1 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 is not required to be ASME-QEI-1 certified.

(c) The commissioner may charge a $15 fee to certified inspectors for registering with the department.

Sec. 754.0171. INSPECTION FEE. (Effective September 1, 1995 by Acts of the 74th Legislature)

(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 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. (Effective September 1, 1993 by Acts of the 73rd Legislature)

If a municipality operates a program for the inspection and certification of elevators, escalators, and related equipment, this subchapter shall not apply to elevators, escalators, and related equipment in that municipality, provided that the standards of inspection and certification are no less stringent than those contained in this subchapter.

Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

(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 by 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 were inspected in accordance with this subchapter and rules adopted under this subchapter;

(3) file with the commissioner a copy of each inspection report 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:

(A) in the elevator mechanical room 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 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 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), an inspection report and fee are considered filed on the date of mailing by United States mail if properly addressed to the commissioner.

(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

Sec. 754.020. DEPOSIT OF FEES. (Effective September 1, 1993 by Acts of the 73rd Legislature)

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 INSPECTORS; PERSONNEL. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

The commissioner may:

(1) compile a list of ASME-QEI-1 certified inspectors who are registered with the department to perform an inspection under this subchapter; and

(2) employ personnel as necessary to enforce this subchapter.

Sec. 754.022. NOTICE OF NONCOMPLIANCE. (Effective September 1, 1993 by Acts of the 73rd Legislature)

If the commissioner learns of a situation of noncompliance under Section 754.019, the 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; LICENSE PROCEEDINGS; INJUNCTION. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

(a) If there is good cause for the commissioner to believe that an elevator, an escalator, or related equipment on real property 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, 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 accident at no cost to the owner.

(b) The 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 the registration of any ASME-QEI-1 certified inspector for:

(1) obtaining registration with the commissioner by fraud or false representation;

(2) falsifying an inspection report submitted to the commissioner; or

(3) violating this subchapter or a rule adopted under this subchapter.

(d) 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.

(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 commissioner in the suit.

Sec. 754.024. CRIMINAL PENALTY. (Effective September 1, 1993 by Acts of the 73rd Legislature; amended effective September 1, 1995 by Acts of the 74th Legislature)

(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.

EFFECTIVE DATES:

(a) This Act takes effect September 1, 1993.

(b) An elevator, an escalator, or related equipment is not required to comply with the standards adopted under Subchapter B, Chapter 754, Health and Safety Code, as added by this Act, before March 1, 1994.

(c) A person is not required to comply with the inspection and certification requirements of Subchapter B, Chapter 754, Health and Safety Code, as added by this Act, or required to display the certificate of inspection required by that subchapter before March 1, 1994, and a person may not be prosecuted for an offense committed under that subchapter before March 1, 1994.

(d) The commissioner of licensing and regulation shall appoint the members of the elevator advisory board not later than October 1, 1993, and the commissioner shall adopt rules to implement Subchapter B, Chapter 754, Health and Safety Code, as added by this Act, not later than January 1, 1994.

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