Health and Safety Code
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 AND CERTIFICATION
Sec. 754.011. Definitions.
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.
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.
Sec. 754.0111. Exemption.
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.
Added by Acts 1995, 74th Leg., ch. 974, Sec. 2, eff. Sept. 1,
1995.
Sec. 754.012. Elevator Advisory Board.
(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.
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.
Sec. 754.013. Board Duties.
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.
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.
Sec. 754.014. Standards Adopted by Commissioner.
(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 state-owned
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 that 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.
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.
Sec. 754.015. Rules.
(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).
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.
Sec. 754.016. Inspection Report and Certificate of Compliance.
(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 or persons. 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.
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.
Sec. 754.017. Certified Inspectors.
(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 ASME-QEI-1
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.
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.
Sec. 754.0171. Inspection Fee.
(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.
Added by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1,
1995.
Sec. 754.018. Powers of Municipalities.
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.
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.
Sec. 754.019. Duties of Real Property Owners.
(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.
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.
Sec. 754.020. Deposit of Fees.
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.
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.
Sec. 754.021. List of Inspectors; Personnel.
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.
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.
Sec. 754.022. Notice of Noncompliance.
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.
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.
Sec. 754.023. Investigation; License Proceedings; Injunction.
(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 any 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.
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.
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