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 (the Department)
adopts amendments to §§74.10, 74.20, 74.30, 74.50, 74.55, 74.65,
74.70, 74.75, 74.80, 74.90 and 74.100, concerning the certification of Elevators,
Escalators, and Related Equipment program as published in the November 29,
2002, issue of the
Texas Register
(27 TexReg
11022), with changes to §74.75 and §74.80. Sections 74.10, 74.20,
74.30, 74.50, 74.55, 74.65, 74.70, 74.90 and 74.100 are adopted without changes
to the proposed text and will not be republished.
These rules are necessary to update and clarify various rule provisions
to reflect changed codes and commonly used terms in the elevator industry.
The rules are also necessary to clarify registration and renewal requirements,
equipment exemptions, reporting requirements, advisory board composition and
terms, building owner obligations, test tag requirements, fee requirements,
sanctions and penalties, technical standards, and inspection authorizations,
requirements and procedures.
The Department drafted and distributed the proposed rules to persons internal
and external to the agency. One comment was received from an interested party
on the proposed rules. The comment and the Department's response are as follows.
The commenter noted that in §74.75(c)(2)(A) and (D) and §74.80(b)(2)
the term "unit" would better describe an elevator than "piece."
The agency agrees with the comment and believes that changing "piece" to
"unit" in the mentioned sections, and in §74.80(c) will remove any ambiguity
from those sections.
The amendments are adopted under Texas Health and Safety Code
Annotated, Chapter 754 and Texas Occupations Code, Chapter 51, §51.203
which authorizes the Department to adopt rules as necessary to implement this
Code and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in
Texas Health and Safety Code Annotated, Chapter 754 and Texas Occupations
Code, Chapter 51.
No other statutes, articles, or codes are affected by the adoption.
§74.75.Responsibilities of the Inspector.
(a)
Inspection procedures.
(1)
The inspector must inspect all equipment for compliance
with the applicable standards as adopted in §74.100 of this title (relating
to Technical Requirements).
(2)
Inspectors must use the ASME A17.2-1994, "Inspectors' Manuals"
to conduct inspections and witness tests for compliance with the standards
adopted by the Department.
(3)
The inspector shall report to the building owner or agent
before beginning any inspections.
(4)
The qualified person performing the safety tests and the
inspector must sign and date the inspection report.
(5)
The inspector shall not perform any of the safety tests.
(6)
On new or altered equipment installations, the inspector
may perform an inspection prior to the installation being completed. However,
on these installations the Department will only accept inspection reports
for final inspections performed by the inspector after the installation is
completed.
(b)
Department forms.
(1)
The inspector must use current Department approved forms
for reporting inspections.
(2)
The Department forms shall be filled out completely, and
shall be used to report the all inspections of existing equipment and final
inspections of new or altered equipment.
(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 the Department Form. 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 inspection equipment.
(B)
The inspector shall inscribe all required information on
each test tag.
(C)
Upon completion of the initial Acceptance test, Department
test tags shall be attached to the equipment with wire rope and lead seal.
(D)
The lead seal shall be crimped onto the wire rope using
a crimping tool bearing the Department's seal and the crimping tool number
assigned to the inspector.
(E)
Inspector's equipment may be purchased from the Department
for:
(i)
$100 per 100 test tags (sold in multiples of 100);
(ii)
$10 per 100 wire ropes and lead seals (sold in multiples
of 100); and,
(iii)
$90 for seal crimping tool.
(F)
Test tags shall be attached to equipment in accordance
with the following schedule:
(i)
Electric Elevators, Acceptance and Five Year Tests--to
the overspeed governor(s), safety releasing carrier, and each buffer or set
of buffers. Tags shall not be removed and replaced until after all date and
signature spaces on the tag are filled.
(ii)
Hydraulic Elevators, Acceptance Tests--to the relief valve.
Tags shall not be removed and replaced until after all date and signature
spaces on the tag are filled.
(iii)
Escalators, Acceptance Tests--to the overspeed governor
and/or emergency brake. Tags shall not be removed and replaced until after
all date and signature spaces on the tag are filled.
(2)
Decals
(A)
Each unit of equipment shall be identified with a unique
identification number decal issued by the Department, which the inspector
must affix to the upper right hand corner of the control panel. The decal
shall remain on the control panel for the life of the equipment.
(B)
An additional Department decal shall not be affixed to
equipment that has a current Department decal displayed.
(C)
All correspondence and inspection reports shall reference
the decal number and Department building ID number, as reflected on the Certificate
of Compliance.
(D)
If an inspector places a new decal on a unit of equipment
to replace a lost or destroyed decal, the inspector must report the equipment's
location and new decal number to the Department within ten days.
§74.80.Fees.
(a)
Inspector registration fees:
(1)
original--$15;
(2)
renewal--$15; and
(3)
Revised/Duplicate registration card--$15.
(b)
Certificate of Compliance filing fees:
(1)
within 60 days of completion of all inspections within
a building--$20 per building; plus
(2)
$5 per unit of equipment;
(3)
$100 late filing fee if the inspection report and filing
fees are filed after the 60th day from the completion of all inspections within
a building, and
(4)
$25 per Revised/Duplicate Certificate.
(c)
Waiver/delay application fee: $50 for each ASME Code violation,
per unit of equipment, requested to be waived or delayed.
(d)
Fees shall be charged and collected by the Department for
a waiver or delay application for an institution of higher education.
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 January 17, 2003.
TRD-200300280
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 6, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 463-7348