16 TAC §§74.10, 74.20, 74.30, 74.50, 74.55, 74.65, 74.70, 74.75, 74.80, 74.90, 74.100
The Texas Department of Licensing and Regulation adopts amendments
to §§74.10, 74.20, 74.30, 74.50, 74.65, 74.70, 74.80, 74.90, 74.100
and new §§74.55 and 74.75 concerning certification of elevators,
escalators, and related equipment. Sections 74.20, 74.30, 74.50, 74.55, 74.75,
74.80, and 74.100 are adopted without changes to the proposed text as published
in the January 15, 1999 issue of the
Texas Register
(24 TexReg 288) and will not be republished. Sections 74.10, 74.65,
74.70, and 74.90 are adopted with changes.
The amended and new sections are adopted to rearrange and revise existing
language to clarify definitions of key words used throughout the rules; inspector
and building owner requirements and responsibilities; fees regarding inspection
reports and waivers or delays; penalties regarding violation of the Code;
deletes several items that are redundant to the elevator program's legislation,
Texas Health and Safety Code Annotated, §754, Subchapter B (Vernon 1995)
and conforms the rules to Texas Revised Civil Statutes Annotated Article 9100
(Vernon 1991) and Texas Administrative Code §60 (1998).
Written comment was received from The Association of Texas Hospitals and
Health Care Organizations regarding §§74.10 and 74.70 of the proposed
amendments.
In §74.10 definitions were added or changed for clarity. One comment
was received regarding §74.10(6) "serious injury," stating that while
the definition was important, it was not understood what public interest would
be served in defining "serious injury" so broadly as to include even minor
injuries such as scratches or bruises. The Department agrees and has changed
the wording.
In §74.70 responsibilities of the building owner were clarified for
accident reporting, arrangements of an inspection and requirements of the
American Society of Mechanical Engineers (ASME) A17.1, including who performs
the inspection and when new or altered installations are placed in service.
The Department received several comments regarding the proposed amendments
to this section.
In §74.70(a) building owners would be required to employ an ASME qualified
elevator inspector who is registered with the Department, however, the comment
stated that a building owner may choose to contract with a person who is not
an employee to perform the inspections. The Department agrees with the comment
and the rule has been changed as recommended.
In §74.70(c) a building owner would be required to have all inspections
completed within 60 days of the first inspection. The comment on this subsection
raised the issue of how to comply with this requirement when inspectors are
unable to complete all inspections within this time frame. The Department
agrees with the comment and has changed the wording to clarify the intent
of the rule.
In §74.70(f) the building owner is required to report all accidents
to the Department in an established timeframe. The comment received stated
that this provision does not specifically correlate to an elevator or escalator
accident. The Department agrees with this comment and has revised the wording
to reflect that these reporting requirements are only associated with accidents
caused by an elevator or escalator.
Section 74.70(f)(1) requires the report of an accident causing serious
bodily injury to include the type of device involved, as well as the current
status of the equipment involved. In §74.70(f)(2) relating to the reporting
of accidents involving property damage, the term "equipment" is used. The
comment received stated that the use of the terms "device" and "equipment"
implies that these are separate items that caused injury, and neither term
is defined. The Department agrees with this comment and has changed the wording
to "equipment," which is consistent with other sections in the rules. Another
comment regarding provisions of subsections (f)(1) and (f)(2) of §74.70
do not indicate that the type of equipment that must be reported has to be
a functional part of the elevator or escalator. The Department disagrees with
this comment because in reviewing accident reports and conducting accident
investigations a large percentage of accidents involve negligence on the part
of the riding public. The Department is adopting this section of the rules
as proposed.
Section 74.70(h) requires the building owner to immediately place an unsafe
elevator or escalator out of service until repairs are completed. The comment
received stated that there may be times when an elevator or escalator can
be repaired sufficiently to remedy the unsafe condition, even though other
repairs have not been completed. The building owner should be permitted to
operate the elevator even though all repairs have not been completed. The
Department agrees and has changed the wording for clarification.
Section 74.70(i) requires new elevators and escalators to comply with ASME
A17.1 Code in effect at the date of installation. The comment received suggested
a more reasonable inspection interval to be developed that would meet the
dual goals of protecting the public while addressing concerns about the financial
burden of the inspection. It was recommended that the rules be revised to
require inspection every five years to coincide with the required five-year
load test. The Department disagrees with this comment because it is in direct
conflict with the requirements of Chapter 754.015.
Section 74.75(a)(1) requires all elevators, escalators and related equipment,
regardless of age, to comply with the installation standards of ASME A17.1,
and ASME A17.3 (1994), regardless of the installation date. The comment received
addressed concern about the imposition on older elevators of any requirement
that is intended primarily to promote aesthetics or that has no effect on
the safety of the passengers in the elevator. It was recommended that the
Department meet with the regulated community to address the scope and applicability
of upgrading requirements for existing elevators. The recommended enforcement
of ASME A17.3 (1994) for existing elevators, escalators, and related equipment
is in direct conflict with Chapter 754.014(b), (e), (f), (g), and (h). However,
Chapter 754.019(b)(2) allows the building owner the opportunity to submit
an application for a delay or waiver for an applicable standard. The Department
agrees that a meeting with representatives of the regulated community to discuss
Chapter 754 of the Health and Safety Code and concerns regarding the scope
and applicability of upgrading requirements for existing elevators would be
beneficial and will continue to hold open meetings of the Elevator Advisory
Board.
The 76th Legislature enacted HB3155 which made non-substantive changes
to Article 9100 and codified the article into the Occupations Code. This change
is reflected in §75.90.
The amended and new rules will function by increasing program
integrity. The amended and new rules are adopted under Texas Health and Safety
Code Annotated, §754 (Vernon 1997) which authorizes the Commissioner
of the Texas Department of Licensing and Regulation to promulgate and enforce
a code of rules and take all action necessary to assure compliance with the
intent and purpose of the Code.
The Code and Article affected by the amended and new rules is Texas Health
and Safety Code Annotated, §754 (Vernon 1997) and Texas Revised Civil
Statutes Annotated, Article 9100 (Vernon 1991).
§74.10.Definitions.
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 of 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.
§74.65.Advisory Board.
(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.
(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 §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).
§74.90.Sanctions.
If a person violates Texas Health and Safety Code Annotated §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).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904212
Rachelle A. Martin
Executive Director
Texas Department of Licensing and Regulation
Effective date: August 1, 1999
Proposal publication date: January 15, 1999
For further information, please call: (512) 463-7348