Bill Text: TX SB540 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the regulation, registration, and certification of inspectors for elevators, escalators, and related equipment.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB540 Detail]

Download: Texas-2013-SB540-Enrolled.html

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S.B. No. 540

AN ACT
relating to the regulation, registration, and certification of
inspectors for elevators, escalators, and related equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 754.012, Health and
Safety Code, is amended to read as follows:
(a) The elevator advisory board is composed of nine members
appointed by the presiding officer of the commission, with the
commission's approval, as follows:
(1) a representative of the insurance industry or a
registered [certified] elevator inspector;
(2) a representative of equipment constructors;
(3) a representative of owners or managers of a
building having fewer than six stories and having equipment;
(4) a representative of owners or managers of a
building having six stories or more and having equipment;
(5) a representative of independent equipment
maintenance companies;
(6) a representative of equipment manufacturers;
(7) a licensed or registered engineer or architect;
(8) a public member; and
(9) a public member with a physical disability.
SECTION 2. Subsections (a), (b), (c), (e), and (f), Section
754.0141, Health and Safety Code, are amended to read as follows:
(a) Elevators, chairlifts, or platform lifts installed in a
single-family dwelling on or after January 1, 2004, must comply
with the ASME Code A17.1 or A18.1, as applicable, and must be
inspected by a registered elevator [QEI-1 certified] inspector
after the installation is complete. The inspector shall provide
the dwelling owner a copy of the inspection report.
(b) The commission shall[, before January 1, 2004,] adopt
rules containing minimum safety standards that must be used by
registered elevator [QEI-1 certified] inspectors when inspecting
elevators, chairlifts, and platform lifts installed in
single-family dwellings.
(c) A municipality may withhold a certificate of occupancy
for a dwelling or for the installation of the elevator or chairlift
until the owner provides a copy of the [QEI-1] inspection report to
the municipality.
(e) On completing installation of equipment in a
single-family dwelling, a contractor shall provide the dwelling
owner with relevant information, in writing, about use, safety, and
maintenance of the equipment, including the advisability of having
the equipment periodically and timely inspected by a registered
elevator [QEI-1 certified] inspector.
(f) An inspection by a registered elevator [QEI-1
certified] inspector of equipment in a single-family dwelling may
be performed only at the request and with the consent of the owner.
The owner of a single-family dwelling is not subject to Section
754.022, 754.023, or 754.024.
SECTION 3. Subsections (a), (b), and (d), Section 754.015,
Health and Safety Code, are amended to read as follows:
(a) The commission by rule shall provide for:
(1) an annual inspection and certification of the
equipment covered by standards adopted under this subchapter;
(2) enforcement of those standards;
(3) registration, including certification, of
elevator [qualified] inspectors [and contractors];
(4) registration of contractors;
(5) the form of inspection documents, contractor
reports, and certificates of compliance;
(6) [(5)] notification to building owners,
architects, and other building industry professionals regarding
the necessity of annually inspecting equipment;
(7) [(6)] approval of continuing education programs
for registered elevator [QEI-1 certified] inspectors;
(8) [(7)] standards of conduct for individuals who are
registered under this subchapter;
(9) [(8)] general liability insurance written by an
insurer authorized to engage in the business of insurance in this
state or an eligible surplus lines insurer, as defined by Section
981.002, Insurance Code, as a condition of contractor registration
with coverage of not less than:
(A) $1 million for each single occurrence of
bodily injury or death; and
(B) $500,000 for each single occurrence of
property damage;
(10) [(9)] the submission and review of plans for the
installation or alteration of equipment; and
(11) [(10)] continuing education requirements for
renewal of contractor registration.
(b) The commission by rule may not:
(1) require inspections of equipment to be made more
often than every 12 months, except as provided by Subsection (c); or
(2) require persons to post a bond or furnish
insurance or to have minimum experience or education as a condition
of certification or registration, except as otherwise provided by
this chapter[; or
[(3) prohibit a QEI-1 certified inspector who is
registered with the department from inspecting equipment].
(d) The executive director may charge a reasonable fee as
set by the commission for:
(1) registering or renewing registration of an
elevator inspector;
(2) registering or renewing registration of a
contractor;
(3) applying for a certificate of compliance;
(4) filing an inspection report as required by Section
754.019(a)(3), 30 days or more after the date the report is due, for
each day the report remains not filed after the date the report is
due;
(5) submitting for review plans for the installation
or alteration of equipment;
(6) reviewing and approving continuing education
providers and courses for renewal of elevator inspector and
contractor registrations [registration];
(7) applying for a waiver, variance, or delay; and
(8) attending a continuing education program
sponsored by the department for registered elevator [QEI-1]
inspectors.
SECTION 4. Subsections (b) and (c), Section 754.016, Health
and Safety Code, are amended to read as follows:
(b) A registered elevator [An] inspector shall date and sign
an inspection report and shall issue the report to the building
owner not later than the 10th calendar day after the date of
inspection.
(c) The executive director shall date and sign a certificate
of compliance and shall issue the certificate to the building
owner. The certificate of compliance shall state:
(1) that the equipment has been inspected by a
registered elevator [certified] inspector and found by the
inspector to be in compliance, except for any delays or waivers
granted by the executive director and stated in the certificate;
(2) the date of the last inspection and the due date
for the next inspection; and
(3) contact information at the department to report a
violation of this subchapter.
SECTION 5. The heading to Section 754.017, Health and
Safety Code, is amended to read as follows:
Sec. 754.017. REGISTERED ELEVATOR [CERTIFIED] INSPECTORS.
SECTION 6. Subsections (a), (b), and (d), Section 754.017,
Health and Safety Code, are amended to read as follows:
(a) In order to inspect equipment, an individual must:
(1) be registered with the department;
(2) attend educational programs approved by the
department;
(3) be certified as an [a QEI-1] inspector in
accordance with the rules adopted by the commission [by an
organization accredited by the American Society of Mechanical
Engineers]; [and]
(4) comply with the continuing education requirements
established by commission rule for registration renewal; and
(5) pay all applicable fees.
(b) A person assisting a registered elevator [certified]
inspector and working under the direct, on-site supervision of the
inspector is not required to be registered [certified].
(d) A registered elevator [certified] inspector may not
inspect equipment if the inspector or the inspector's employer has
a financial or personal conflict of interest or the appearance of
impropriety related to the inspection of that equipment [may not be
required to attend more than seven hours of continuing education
during each licensing period].
SECTION 7. The heading to Section 754.0174, Health and
Safety Code, is amended to read as follows:
Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF ELEVATOR
INSPECTOR AND CONTRACTOR REGISTRATIONS.
SECTION 8. Section 754.0174, Health and Safety Code, is
amended by adding Subsection (a-1) and amending Subsection (b) to
read as follows:
(a-1) Each registered elevator inspector must complete
continuing education requirements set by commission rule before the
inspector may renew the inspector's registration.
(b) A provider of continuing education under this section
must:
(1) register with the department; and
(2) comply with rules adopted by the commission
relating to continuing education for a registered elevator
inspector or designated responsible party, as applicable.
SECTION 9. Subsections (a) and (b), Section 754.019, Health
and Safety Code, are amended to read as follows:
(a) The owner of real property on which equipment covered by
this subchapter is located shall:
(1) have the equipment inspected annually by a
registered elevator [certified] inspector;
(2) obtain an inspection report from the inspector
evidencing that all equipment in a building on the real property was
inspected in accordance with this subchapter and rules adopted
under this subchapter;
(3) file with the executive director each inspection
report, and all applicable fees, 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 a publicly visible area of the building,
as determined by commission rule under Section 754.016, 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 executive
director if the certificate relates to equipment other than an
elevator or escalator; and
(5) display the inspection report at the locations
designated in Subdivision (4) until a certificate of compliance is
issued.
(b) When an inspection report is filed, the owner shall
submit to the executive director, as applicable:
(1) verification that any deficiencies in the
registered elevator 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.
SECTION 10. Section 754.020, Health and Safety Code, is
amended to read as follows:
Sec. 754.020. CHIEF ELEVATOR INSPECTOR. The executive
director may appoint a chief elevator inspector to administer the
equipment inspection and registration program. The chief elevator
inspector:
(1) may not have a financial or commercial interest in
the manufacture, maintenance, repair, inspection, installation, or
sale of equipment; and
(2) must possess the [a QEI-1] certification or obtain
the certification required under Section 754.017 within six months
after becoming chief elevator inspector.
SECTION 11. Section 754.021, Health and Safety Code, is
amended to read as follows:
Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS AND
CONTRACTORS. The executive director shall:
(1) compile a list of elevator [certified] inspectors
and contractors who are registered with the department; and
(2) employ personnel who are necessary to enforce this
subchapter.
SECTION 12. Subsection (k), Section 754.023, Health and
Safety Code, is amended to read as follows:
(k) If an emergency order to disconnect power or lock out
equipment is issued, the building owner or manager may have the
power reconnected or the equipment unlocked only if:
(1) a registered elevator inspector, a registered [or]
contractor, or a department representative has filed a written form
with the department verifying the imminent and significant danger
has been removed by repair, replacement, or other means; and
(2) the building owner, before the reconnection of
power or unlocking of equipment, reimburses the department for all
expenses incurred relating to the disconnection of power or
lockout.
SECTION 13. (a) The Texas Commission of Licensing and
Regulation shall adopt the rules necessary to implement Chapter
754, Health and Safety Code, as amended by this Act, not later than
January 1, 2014.
(b) The changes in law made by this Act apply only to an
application submitted to the Texas Department of Licensing and
Regulation on or after January 1, 2014, for an elevator inspector
registration or for renewal of an elevator inspector registration
with an expiration date on or after January 1, 2014. An application
for an elevator inspector registration or for renewal of an
elevator inspector registration with an expiration date on or after
January 1, 2014, that is submitted before January 1, 2014, is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
(c) Subsection (a), Section 754.012, Health and Safety
Code, as amended by this Act, applies only to a member appointed to
the elevator advisory board on or after January 1, 2014.
SECTION 14. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 540 passed the Senate on
March 13, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 20, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 540 passed the House, with
amendment, on May 14, 2013, by the following vote: Yeas 139,
Nays 4, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor