2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.015. Rules

Sec. 754.015.  RULES.  (a)  The commission by rule shall provide for:
(1)  an annual inspection and certification of the equipment covered by standards adopted under this chapter;
(2)  enforcement of those standards;
(3)  registration, including certification, of elevator inspectors;
(4)  registration of contractors;
(5)  the procedures by which a certificate of compliance is issued and displayed;
(6)  notification to building owners, architects, and other building industry professionals regarding the necessity of annually inspecting equipment;
(7)  approval of continuing education programs for registered elevator inspectors;
(8)  standards of conduct for individuals who are registered under this chapter;
(9)  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)  the submission and review of plans for the installation or alteration of equipment;
(11)  continuing education requirements for renewal of contractor registration;
(12)  maintenance control programs, maintenance, repair, and parts manuals, and product-specific inspection, testing, and maintenance procedures;
(13)  the method and manner of reporting accidents and reportable conditions to the department; and
(14)  an owner's designation of an agent for purposes of this chapter.
(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.
(c)  The commission by rule may require a reinspection or recertification of equipment if:
(1)  the equipment has been altered;
(2)  the equipment poses a significant threat to passenger or worker safety; or
(3)  an annual inspection report indicates an existing violation has continued longer than permitted in a delay granted by the executive director.
(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;
(7)  applying for a waiver, new technology variance, or delay;
(8)  attending a continuing education program sponsored by the department for registered elevator inspectors; and
(9)  applying to remove equipment from service.
(e)  The commission by rule may require inspection reports, other documents, and fees to be filed in a manner prescribed by the department, including electronically.
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 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 574 (S.B. 1729), Sec. 3, eff. June 16, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 538 (S.B. 540), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 8, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 423 (H.B. 3741), Sec. 2, eff. June 10, 2015.