Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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, Chapter 754, Elevators, Escalators, and Related
				Equipment.
(2) Acceptance
				Inspection--An inspection performed at the completion of the initial
				installation or alteration of equipment and in accordance with the applicable
				ASME Code A17.1.
(3) Accident--An
				event involving equipment that results in death or serious bodily injury to a
				person.
(4) Alteration--A change in
				existing equipment. The term does not include testing, maintenance, repair,
				replacement, or a cosmetic change that does not affect the operational safety
				of the equipment or diminish the safety of the equipment below the level
				required by the ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code
				21, as applicable, at the time of alteration.
(5) Annual Inspection--An inspection of
				equipment performed in a 12-month period in accordance with the applicable ASME
				Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21. The term
				includes an acceptance inspection performed within that period.
(6) ASCE--American Society of Civil
				Engineers.
(7) ASCE Code 21--The
				ASCE Code 21, "Automated People Mover Standards" as adopted in
				§RSA
				74.100.
(8) ASME--American Society of Mechanical
				Engineers.
(9) ASME Code A17.1--The
				ASME Code A17.1/CSA B 44-07 - "Safety Code for Elevators and Escalators" as
				adopted in §RSA
				74.100.
(10) ASME A17.2--The latest published edition
				of ASME A17.2, "The Guide for Inspection of Elevators, Escalators, and Moving
				Walks."
(11) ASME Code A17.3--The
				ASME Code A17.3-2002, "Safety Code for Existing Elevators and Escalators" as
				adopted in §74.100.
(12) ASME
				Code A18.1--The ASME Code 18.1, "Safety Standards for Platforms Lifts and
				Stairway Chairlifts" as adopted in §74.100.
(13) ASME QEI-1--The ASME QEI-1 "Standard for
				the Qualification of Elevator Inspectors."
(14) Automated People Mover (APM)--A guided
				transit mode operated by cables, with fully automated operation, featuring
				vehicles that operate on guideways with exclusive right of way.
(15) Board--The elevator advisory
				board.
(16) Certificate of
				Compliance--A certificate issued by the department indicating that the
				equipment has been inspected by a registered inspector and found to be in
				compliance with this chapter, except for any delays or waivers granted by the
				executive director and stated in the certificate.
(17) Certifying Organization--An independent
				organization that is competent and widely recognized to certify elevator
				inspectors and that has been accredited by an organization that is nationally
				recognized and is approved or recognized by the department as competent to
				certify elevator inspectors.
(18)
				Commission--The Texas Commission of Licensing and Regulation.
(19) Contractor--A person, partnership,
				company, corporation, or other entity engaging in the installation, alteration,
				repair, testing, or maintenance of equipment. The term does not include an
				employee of a contractor engaged in cleaning or any other work performed on
				equipment that does not affect the operational safety of the equipment or
				diminish the safety of the equipment below the level required by the ASME Code
				A17.1, ASME Code A18.1, or ASCE Code 21, as applicable.
(20) Delay--Postponement of compliance with a
				requirement of the applicable ASME Safety Codes or ASCE Standard as adopted in
				§RSA
				74.100, for a specific period of
				time.
(21) Department--The Texas
				Department of Licensing and Regulation.
(22) Equipment--An elevator, escalator,
				chairlift, platform lift, automated people mover operated by cables, or moving
				sidewalk, or related equipment.
(23) Executive Director--The executive
				director of the department.
(24)
				Existing Equipment--Equipment installed or altered before September 1,
				1993.
(25) Industrial Facility--A
				facility to which access is primarily limited to employees or contractors
				working in that facility.
(26)
				Inspection Report--A department-approved form used by the inspector to report
				the inspection results of one unit of equipment.
(27) Inspector--A person engaged in the
				inspection and witnessing of the tests specified in the adopted standards of
				ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21, as
				applicable, to determine compliance with those standards. The term also
				includes references to registered inspector and registered elevator
				inspector.
(28) New
				Equipment--Equipment installed or altered on or after September 1,
				1993.
(29) Installation Placed Out
				of Service--Equipment rendered inoperative in accordance with ASME Code
				A17.1.
(30) Owner--A person,
				company, corporation, authority, commission, board, governmental entity,
				institution, or any other entity that holds title to a building or facility in
				which equipment regulated by the Act is located. For purposes under this
				chapter and the Act, an owner may designate an agent. The term "owner" when
				used in the chapter shall be construed to include the owner's agent.
(31) Owner's Agent--The person, company,
				corporation, authority, commission, board, governmental entity, institution, or
				any other entity that has been authorized by the owner to act on the behalf of
				the owner as relates to a building or facility in which equipment regulated by
				the Act is located.
(32) Proof of
				Inspection--A document provided to the owner by the registered inspector after
				the completion of an acceptance inspection of new equipment to inform the
				public that the equipment has been inspected.
(33) Proof of Inspection Sticker--An adhesive
				label placed by the registered inspector on the Proof of Inspection or the
				certificate of compliance indicating the inspection has been
				performed.
(34) Publicly Visible
				Area of Building--A location within the building where regulated equipment is
				located that is visible to the public in an elevator car or a common area lobby
				or hallway and accessible to the public at all times when any regulated
				equipment is in operation, without the need for the viewer to obtain assistance
				or permission from building personnel.
(35) Qualified Historic Building or
				Facility--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.