Last revision August
18th, 1999
Elevators, Escalators & Related Equipment
Elevator Home Page | TDLR Home Page
Administrative Rules of the
Texas Department of Licensing and Regulation
16 Texas Administrative Code, Chapter 74
Table of Contents
74.1. Authority
74.10. Definitions
74.20. Registration Requirements
74.30. Exemptions
74.50. Reporting Requirements
74.65. Advisory Board
74.70. Responsibilities of the Certificate Holder/Registrant
74.80. Fees
74.90. Sanctions
74.100. Technical Requirements
74.1. Authority.(Effective January 7,
1994, 18 TexReg 9929)
The sections in this chapter are promulgated under the authority of Subchapter B,
Chapter 754, Health and Safety Code.
74.10. Definitions.(Effective January 7,
1994, 18 TexReg 9929; amended effective June 21, 1994, 19 TexReg 4417; amended effective
October 1, 1995, 20 TexReg 7279; amended effective August 1, 1999, 24 TexReg 5867)
The following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) The Act - Texas Health and Safety Code Annotated, Chapter 754, Elevators,
Escalators, and Related Equipment (Vernon 1997).
(2) Delay - Suspension of compliance with American Society of Mechanical
Engineers (ASME) Safety Codes for a specific period of time.
(3) Inspection report - Consists of the Owner's Cover Sheet and one Department
approved Inspector's Report per elevator, escalator, or related equipment in a building.
(4) Inspector - An inspector who is registered with the Department and certified
as an ASME QEI-1 by an organization accredited by the American Society of Mechanical
Engineers (ASME).
(5) QEI - Qualified Elevator Inspector
(6) Serious injury - serious impairment to bodily functions or serious
dysfunction of any bodily organ or part.
(7) Unsafe elevator or escalator - A condition which exists due to a design,
mechanical, structural, or electrical defect which presents a risk or serious injury.
(8) Waiver - Indefinite suspension of compliance with (ASME), Safety Codes.
(9) Yearly or annual inspection - routine inspection and test plus additional
detailed examination and operation of an elevator, escalator, or related equipment per
ASME A17.1, Part 10, at yearly intervals, witnessed by an inspector to check for
compliance with applicable Code requirements.
74.20. QEI Registration Requirements. (Effective
January 7, 1994, 18 TexReg 9929; amended effective May 7, 1997, 22 TexReg 3779; amended
effective August 1, 1999, 24 TexReg 5867)
(a) QEI's
shall submit a completed application for registration or renewal on the forms provided by
the Department. A completed application
shall include as a minimum:
(1) registration form with all blanks completed;
(2) applicable fee referenced in Section 74.80 of this title (relating to Fees); and
(3) a copy of both sides of the Qualification of Elevator Inspector (QEI) certification
card.
(4) QEI's must attend an orientation
session conducted by the Department regarding forms and inspection procedures prior to
performing inspections required by the Department.
(b) The renewal
registration shall be on the anniversary of the QEI registration.
(1) Inspectors shall
attend an annual seminar conducted by the Department as part of the requirements to renew
their registration.
(2) Inspectors have a
15-day grace period to renew their registration after the expiration date of the previous
registration. An inspector may conduct
inspections during the grace period.
(c) The inspector
shall notify the Department in writing within 30 days of any changes to information
submitted on the application or renewal forms.
74.30. Exemptions.(Effective January 7,
1994, 18 TexReg 9929; amended effective August 1, 1999, 24 TexReg 5867)
This chapter does not apply to buildings owned or operated by the federal government or
elevators, escalators, and related equipment regulated by a municipal program approved
under Section 74.65(a) of this title (relating to Advisory Board)..
74.50. Reporting Requirements-Building Owner. (Effective January 7, 1994, 18 TexReg 9929; amended effective May 7, 1997, 22
TexReg 3779; amended effective August 1, 1999, 24 TexReg 5867)
(a) The building owner must submit to the Department within 60 days of completing all
inspections, the following items:
(1) a copy of the inspector's report for each unit in one building;
(2) written documentation to verify that all violations cited on the inspection report
have been corrected or information relating to when and how the violations will be
corrected; or
(3) a delay and/or waiver application form; and,
(4) all applicable fees.
(b) The building owner must submit the status of all delays to the Department, in
writing, on or before the expiration of each delay granted.
74.55. Reporting Requirements-Inspector. (Section
74.55 effective August 1, 1999, 24 TexReg 5867)
(a) Inspectors shall provide a copy of the Inspector's Summary Report to the Department
within ten working days after completing all inspections.
(b) The inspector shall attach to the Inspector's Summary Report a copy of the
Inspector's Report for any elevator, escalator, or related equipment found to be unsafe.
(c) Any elevator, escalator, or related equipment found to be unsafe shall be reported
immediately to the building owner and the Department.
(d) Inspectors shall submit a copy of the Inspector's Report to the building owner
within ten working days from the inspection date.
74.65 Advisory Board. (Effective February
3, 1994, 19 TexReg 508; amended effective October 1, 1995, 20 TexReg 7279; amended
effective August 1, 1999, 24 TexReg 5867)
(a) If with the advice of the Elevator Advisory Board, the Executive Director
determines that the standards of inspection and certification of a municipal elevator,
escalator, and related equipment program are no less stringent than those contained in the
Act, the municipal ordinance shall apply.
(b) Board meetings may be called by the Executive Director or the presiding
officer. Meetings in excess of twice each calendar year may be authorized by the
Executive Director.
(c) The board shall consist of those regulated industry members and consumers of
services members specified in the Act.
(d) Board members will serve for staggered three year terms with two regulated industry
positions and two consumer positions expiring in each of the first and second years and
one of each position expiring in the third year.
(e) Terms of board members shall expire November 1 of each year.
74.70. Responsibilities of the Building Owner. (Effective January 7, 1994, 18 TexReg 9929; amended effective October 1, 1995,
20 TexReg 7279; amended effective August 1, 1999, 24 TexReg 5867)
(a)
The building owner must contract with, or employ an ASME QEI-1 who is registered
with the Department to perform inspections in accordance with Section 74.100 of this title
(relating to Technical Requirements).
(b)
The owner of the building in which an elevator, escalator or related equipment is
located shall have such equipment inspected yearly.
(c)
Within 60 days of the inspection, the building owner shall have all inspections of
elevators, escalators, or related equipment in that building completed. If a building owner is unable through reasonable
and practical effort to complete inspections within the required 60-day period, a written
request must be received and granted by the Department to allow the building owner a later
inspection completion date.
(d)
Unless the building owner is granted a Department waiver, the building owner must
remedy all deficiencies noted on the annual inspection report or submit information
documenting when the violations will be corrected, within:
(1) 60 days of completing all inspections; or
(2) within a delay period granted by the
Department.
(e) Each deficiency constitutes a separate violation.
(f)
The building owner or their representative must report all accidents involving an
elevator, escalator or related equipment to the Department by the fastest means available,
followed by a written report within 72 hours of the accident.
(1) If the accident caused serious bodily injury, the
report must include the type of injuries, the type of equipment involved, the name of the
building owner, and any other information pertaining to the event leading up to the
accident, including the current status of the equipment involved.
(2) If the accident caused property damage, the report
must include the type of equipment involved, the name of the building owner, and any other
information pertaining to the event leading up to the accident, including the current
status of the equipment involved.
(g) The building owner shall ensure that all of the
tests required by ASME A17.1 Part X are made by a person qualified to perform such
services. Such tests must be performed in the
presence of a QEI registered with the Department. The person performing the test must be
familiar with the operation of the equipment and available to accompany and assist during
an inspection.
(h) The building owner shall immediately place any
unsafe elevator, escalator, or related equipment out of service until repairs to correct
the unsafe condition are completed.
(i) New elevator, escalator or related equipment
installations must be in compliance with ASME A17.1 Code in effect at date of
installation.
(j) Altered elevators, escalators or related equipment
must be in compliance with ASME A17.1, Part XII, and ASME A17.3 (1994).
74.75. Responsibilities of the Inspector. (Section
74.75 effective August 1, 1999, 24 TexReg 5867)
(a) Inspection procedures
(1) The inspector must inspect all elevators,
escalators, and related equipment for compliance with the installation standards of ASME
A17.1, "Safety Code for Elevators and Escalators", in effect the date of
installation, and 1994 ASME A17.3, "Safety Code for Existing Elevators and Escalators", regardless of the installation
date.
(2) Inspectors must use the current edition of all
ASME A17.2, "Inspector Manuals" to conduct inspections for compliance with the
standards adopted by the Department.
(3) The QEI shall report to the building owner or
representative before beginning any inspections.
(4) The qualified person performing the safety tests
and the QEI must sign and date the Inspector's Report.
(5) The QEI shall only witness the inspections and
safety tests per ASME A17.1 Section 1000 and shall not perform any of the safety tests.
Two persons are required to complete an inspection.
(6) On new or altered elevator or escalator
installations, the QEI may perform an inspection prior to the installation being
completed. However, on these installations the Department will only accept inspection
reports for inspections performed after the installation is completed.
(b) Inspector's forms
(1) The inspector must use current Department approved
forms for inspections. These forms may be copied, but must not be altered.
(2) The Inspector's Summary Report shall be filled out
completely.
(3) The inspector must list all ASME Code violations
by code rule number for each unit inspected, and include a written description of the
violation on that unit's Inspection Report. If the ASME Code refers to another code, the
inspector must list both code rule numbers and include a written description of the
violation.
(c) Inspector's Equipment
(1) Test Tags
(A) The inspector must purchase test tags from the
Department and shall be the person who attaches these tags to the inspected equipment.
(B) The Department shall purchase unused test tags
from inspectors when requested to do so in writing.
(C) After issued by the Department, test tags can not
be transferred.
(D) The inspector shall inscribe all required
information on each test tag including the inspection date and signature.
(E) Upon completion of a test, Department test
tags shall be attached to the equipment with wire rope and lead seal purchased from the
Department.
(F) The lead seal shall be crimped onto the wire rope
using a crimping tool purchased from the Department bearing the Department's seal and the
crimping tool number assigned to the inspector. Neither crimping tools nor the assigned
inspector's number may be transferred to another person.
(G) Test tags shall be
attached to equipment in accordance with the following schedule:
(i) Electric Elevators
(I) Acceptance/Five Year Test - to the overspeed
governor(s), safety releasing carrier, and each buffer or set of buffers, and shall remain
until the next five year test.
(II) Yearly Test - to the overspeed governor(s) - (in
addition to the Five Year Tag), and shall
remain until the next yearly test.
(ii) Hydraulic Elevators
(I) Acceptance Test - to the relief valve, and shall
not be removed.
(II) Yearly Test - to the relief valve and shall remain
until the next yearly test.
(iii) Escalators
(I) Acceptance Test - to the overspeed governor and/or
emergency brake, and shall not be removed.
(II) Yearly Test - to the main line disconnect and
shall remain until the next yearly test.
(2) Decals
(A) The inspector shall permanently identify each
elevator, escalator, and related equipment with a numbered decal issued by the Department,
which must stay on the control panel for the life of the equipment.
(B) The Department decal shall be affixed to the upper
right hand corner of the control panel.
(C) A Department decal shall only be affixed to
equipment that does not currently have a Department decal displayed.
(D) All correspondence and inspector's reports shall
reference the decal number and Department building ID number, as reflected on the
Certificate of Compliance.
(E) Changes of decal numbers must be reported to the
Department to include the previous decal number.
(F) After issued by the Department, decals may not be
transferred.
74.80. Fees.(Effective January 7, 1994,
18 TexReg 9929; Paragraph (c)(2) amended effective June 21, 1994, 19 TexReg 4417; amended
effective October 1, 1995, 20 TexReg 7279; August 1, 1999, 24 TexReg 5867)
(a) Inspector registration fees:
(1) original - $15; and
(2) renewal - $15.
(b) Certificate of Compliance filing fees:
(1) within 60 days of completion of all inspections - $20 per building;
(2) $5.00 per elevator, escalator or related equipment; and
(3) $100 late filing fee if the inspection report and filing fees are filed after the
60th day from the completion of all inspections..
(c) Inspector's equipment:
(1) $200 for a kit of 100 each test tags, wire rope and lead seals; and
(2) $90 for seal crimping tool.
(d) Waiver/delay application fee: $100 fee per application for each waiver or delay.
(e) A fee may not be charged or collected by the Department for a Certificate of
Compliance for an institution of higher education as defined in Education Code, 61.003.
Fees shall be charged and collected by the Department for a waiver or delay application
for an institution of higher education. The fees charged by the QEI-1 or inspection agency
for performing the inspection shall be paid by the institution of higher education.
74.90. Sanctions.(Effective January 7,
1994, 18 TexReg 9929: amended effective October 1, 1995, 20 TexReg 7279; amended effective
August 1, 1999, 24 TexReg 5867)
If a person violates Texas Health and Safety Code Annotated Chapter 754 (Vernon 1997),
or a rule, or order of the Executive Director or Commission relating to this Code and
Chapter, proceedings may be instituted to impose administrative sanctions and/or recommend
administrative penalties in accordance with this Code or the Texas Department of Licensing
and Regulation, Texas
Occupations Code Chapter 51 (Vernon 1999), and 16 Texas Administrative Code, Chapter
60 (1998) of this title (relating to the Texas Department of Licensing and Regulation).
74.100. Technical Requirements.(Effective
January 7, 1994, 18 TexReg 9929; amended effective June 21, 1994, 19 TexReg 4417; amended
effective October 1, 1995, 20 TexReg 7279; amended effective May 7, 1997, 22 TexReg
3379; amended effective August 1, 1999, 24 TexReg 5867)
(a) The Department adopts ASME A17.1 in effect on the date of installation and 1994
ASME A17.3, Safety Code for Elevators and Escalators.
(b) All inspections must be performed utilizing the latest edition of the ASME
Inspector's Manuals A17.2.1, A17.2.2, and A17.3.2.
The
TDLR Enabling Statute- Chapter
51 
