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Elevator Safety and Licensing Frequently Asked Questions


Fees

Contractor Registration fees

Inspector Registration fees

Filing fees (per unit of equipment)

Please see the Elevator Late Fee Calculator for information on how to determine your late filing fees.

Elevator/Escalator Plan Review (installation or alteration)

Variance or Appeal fees for New Technology

NOTE: All fees submitted are non-refundable


Elevator Contractors - Registration

1. Who is required to register as an Elevator Contractor?

Any person that performs installation, alteration, testing, repair or maintenance of an elevator escalator, or related equipment is required to be registered with the Department.

2. How do I register as an Elevator Contractor?

You must submit an application, the required fee, proof of general liability insurance, and designate at least one but not more than two responsible parties.

3. When do I need to renew my Elevator Contractor Registration?

You must renew your registration within 12 months of the date that it was issued. You will be sent a renewal reminder from TDLR approximately 60 days before your registration expires. However, it is your responsibility to renew your registration before it expires.

4. My Elevator Contractor registration has expired. How do I get it back?

You have up to 18 months from the date of expiration to renew your license, but you may not work with an expired license. You may be subject to enforcement actions, including administrative penalties and sanctions, for working with an expired license.

If your registration has been expired for more than 18 months but less than three years, you may submit a Request to Executive Director for Expired License Renewal form with the required renewal fee.

5. Is a registered contractor prohibited from performing certain duties or working on particular assignments?

Yes. In 16 Administrative Code, Chapter 74, the Program rules, §74.72 Standards of Conduct for Inspector or Contractor Registrants, provides that a contractor is obligated to avoid conflicts of interest or the appearance of conflicts of interest.

6. Can a registered Elevator Contractor or registered Elevator Inspector who is an employee of an institution of higher education perform their duties at their place of employment?

Yes, a registered Elevator Contractor may perform elevator activity at an institution of higher education if the contractor is employed at that institution of higher education.

7. What is an institution of higher education?

"Institution of higher education" means any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in Section 61.003, Education Code.


Elevator Contractors - Insurance

1. What are the General Liability Insurance requirements for an Elevator Contractor?

An elevator contractor must maintain general liability insurance at all times during a license period. The required general liability insurance must be not less than:

2. How do I obtain and provide proof of General Liability Insurance?

Insurance must be obtained from a provider authorized to engage in the business of insurance in Texas or an eligible surplus lines insurer as defined by Section 981.002, Insurance Code.

Proof of the required general liability insurance must be submitted on an industry standard certificate of insurance ACORD form or on a certificate of insurance form approved by the Texas Department of Insurance. The certificate of insurance must contain a provision or an endorsement that gives TDLR 30 day's prior written notice of cancellation.

3. Can a registered elevator contractor who is an employee of an institution of higher education provide proof of self-insurance instead of a general liability insurance policy?

Yes. A registered contractor who is an employee of an institution of higher education may provide written evidence of self-insurance coverage to satisfy the insurance requirements under Section 754.015, Health and Safety Code.


Elevator Contractors - Responsible Party

1. When did the Responsible Party requirements become effective?

The requirements for elevator contractors to designate at least one responsible party became effective September 1, 2012.

2. What is an Elevator Contractor Responsible Party?

A responsible party is the person or persons meeting the experience requirements of the Act, and designated by the registered contractor to attend continuing education.

3. What are the experience requirements to be eligible as a designated Responsible Party?

To be eligible as a designated responsible party you must have a minimum of three years of elevator contractor experience related to elevator installation, repair and maintenance.

4. How does an Elevator Contractor designate his Responsible Party?

You must submit an Elevator Contractor - Responsible Party Designee application to the Department. The responsible party that you designate must meet the experience requirements. The elevator contractor and the responsible party must both sign the application.

5. What are the responsibilities of a Responsible Party?

First, an elevator contractor must designate you as a responsible party. You are then required to complete 8 hours of continuing education in courses approved by the Department. The continuing education hours must be completed within the term of the contractor's license. For example, if a contractor's license expires on August 1, 2013, the continuing education courses taken by the responsible party to renew that license must have been taken between August 1, 2012 and August 1, 2013.

6. May an Elevator Contractor change or remove a Responsible Party?

Yes. An elevator contractor may add or remove a responsible party from the elevator contractor registration at any time. To remove a responsible party you must provide written notice to the Department. To add a responsible party you must submit an Elevator Contractor Responsible Party Designee application, and the responsible party must meet all requirements.

7. When the Elevator Contractor Responsible Party is no longer available, how long do I have to designate a new Responsible Party?

You have 30 days to designate a new responsible party if the responsible party is no longer available due to a change in employment, death, disability, or any other reason. You must submit an Elevator Contractor - Responsible Party Designee application to the Department. The responsible party that you designate must meet the experience requirements.

8. Do I have to wait until my renewal comes up to designate my responsible party?

No. You can designate your responsible party or parties at any time. See the Elevator Contractor - Responsible Party Designee application on our web site.

9. How can I get more information about continuing education providers or other topics?

Sign up for TDLR's Notification Email list to stay up-to-date on all the latest developments.


Elevator Contractors - Elevator / Escalator Plan Reviews

1. When did requirements for Elevator/Escalator Plan Review become effective?

The requirements for elevator/escalator plan review became effective September 1, 2012.

2. What are the requirements for Plan Reviews prior to beginning the installation or alteration of regulated elevator equipment?

Prior to beginning the installation or alteration of regulated equipment at any individual location, the registered elevator contractor must have approval from the Department, and submit detailed plans describing the installation or alteration.

3. How does a registered Elevator Contractor obtain a Plan Review and approval for the new installation or alteration of equipment?

The registered elevator contractor must submit for review:

4. Do I need to have an approved Plan Review before we drill a jack hole, run an underground oil line, or set foundation bolts? We typically do these three activities from cut sheets before we have final drawings or contracts. Drilling the jack hole is the most frequent operation before an approved and final layout is in place.

No. You do not have to have an approved plan review before undertaking this work, but there must not be any elevator equipment installed in the jack hole, connected to either end of the underground pipe run or any machine set onto those foundation bolts BEFORE you have an approved plan review. The underground oil line may be run prior to obtaining a plan review but if that is the case, as part of the plan review application and submittal documents, the pipe run location must be indicated and described [(see ASME Code A17.1-3.28.1(i) and (l)] on the drawings and either a. or b. must be included with the plan review application and documents:

  1. A written statement from a registered elevator inspector that the underground pipe run was inspected prior to being covered and found to be in compliance with ASME Code A17.1-3.19.5; or
  2. A notarized affidavit from the elevator contractor, signed by an employee of the contractor, attesting to the fact that the underground pipe run was installed in compliance with ASME Code A17.1-3.19.5

5. Do I need a separate Plan Review application for each location?

Yes. Each location must have a separate application. If you have sold a project that has multiple buildings, each individual building must have its own application.

6. Is there an option to expedite a Plan Review?

Yes. An elevator contractor may request an expedited plan review by submitting the request along with the required expedited fee of $1,000 per unit.

7. What are the responsibilities of the elevator contractor once an approval of a Plan Review has been received?

The elevator contractor is required to have a copy of the approved application on the site, including the layout drawings. The approved application and layout drawings must be made available to the elevator inspector who is conducting the inspection for the installation or alteration. The elevator inspector will not be permitted to proceed with the inspection without the copy of the approved application and layout drawings.

8. Are there any alterations that do not require a Plan Review?

Yes. The following three items do not require a plan review:

9. Do the Plan Review requirements apply to the installation and alteration of (wheelchair lifts and stairway chair lifts) equipment covered by ASME Code A18.1?

Yes.

10. Are there any specific locations that do not require Plan Reviews?

Yes. A Department plan review is not required in any location which is exempt. Examples are any equipment in a private residence, federal facility, industrial facility, and within the jurisdiction of the City of Houston. Additionally, no plan review is required for dumbwaiters installed in the jurisdiction of the Department.


Elevator Inspectors - Registration

1. How do I register with the Department as an Elevator Inspector?

You must submit:

2. When do I renew my Elevator Inspector registration?

You must renew your registration within 12 months of the date that it was issued. You will receive a renewal reminder from TDLR approximately 60 days before your registration expires. However, it is your responsibility to renew your registration before it expires.

3. How do I renew my Elevator Inspector registration?

You must submit your registration renewal application, required renewal fee, and proof of attendance at a TDLR-approved seminar when required by the Executive Director. You must also complete continuing education requirements as set by Commission rule.

4. Where can I obtain a Qualified Elevator Inspector (QEI) Certification?

Two organizations are accredited by ANSI to provide QEI certification.

5. My Elevator Inspector registration has expired. How do I get it back?

You have up to 18 months from the date of expiration to renew your license, but you may not work with an expired license. You may be subject to enforcement actions, including administrative penalties and sanctions, for working with an expired license.

If your registration has been expired for more than 18 months but less than three years, you may submit a Request to Executive Director for Expired License Renewal form with the required renewal fee.

If your registration has been expired for more than three years you may not renew your registration. You must apply for a new registration.

If your renewal application is postmarked before your expiration date, it is considered a timely renewal.

You may be subject to enforcement actions, including administrative penalties and sanctions, for operating with an expired license (expired less than 18 months) or operating without a license (expired 18 months or more).


Elevator Inspectors - Responsibilities

1. Do Elevator Inspectors work for the Texas Department of Licensing and Regulation?

No. Elevator inspectors are required to register with the Department, but they are not employees of the Department.

2. What are the requirements for Elevator Inspectors regarding new installations or alterations of equipment?

The Elevator Inspector is required to verify that approved applications and plans are on the site before proceeding with any inspection. The Inspector is also required to verify that the installation or alterations comply with the approved applications and plans or the equipment cannot be placed in service.

3. Can an elevator inspector witness code inspections when an immediate family member such as a son, daughter, brother, sister, father, mother, or grandparent is the mechanic responsible for the inspected equipment, OR that person is employed by a company that has responsibility for the equipment?

No. A registered 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.

Rule §74.72 provides that a conflict exists when an inspector performs inspections in a building in which he has any financial interest or if the inspector's judgment would be affected by family, business, property, or other interests.

For purposes of the rule, witnessing an inspection is performing an inspection. When a direct family member is the mechanic responsible for equipment to be inspected there may be a direct conflict, and there certainly is the appearance of a conflict and an inspector should not witness inspections on such equipment.

When a direct family member works for the company that is responsible for the equipment there may be a direct conflict and there may be the appearance of a conflict. The higher the degree of responsibility the family member has with the responsible company, or the closer to direct responsibility for the equipment the family member is, the greater the likelihood that a conflict, or the appearance of a conflict, exists.

If there is any possibility that an inspector would find his judgment affected by those situations, or if it were likely that a disinterested observer would have reason to believe they would affect the inspector's judgment, the inspector should not perform the inspection.

4. Can a registered elevator inspector who is an employee of an institution of higher education perform their duties at their place of employment?

Yes, a registered elevator inspector may perform elevator activity at an institution of higher education if the inspector is employed at that institution of higher education.

5. What is an institution of higher education?

"Institution of higher education" means any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in Section 61.003, Education Code.

6. How long does an inspector have to get the inspection report to the building owner?

The inspector must issue the inspection report to the building owner in not more than 5 calendar days.


Building Owners' Responsibilities

1. How often are elevators and related equipment required to be inspected?

The owner of the elevator or related equipment must obtain an inspection every 12 months and submit the inspection report, all required documents, and applicable fees to the Department in order to obtain a Certificate of Compliance.

2. How do I contact an Elevator Inspector?

To find an elevator inspector registered with the Department, use the TDLR License Data Search, or contact Customer Service at (800) 803-9202 or (512) 463-6599.

3. Who is responsible for obtaining a Certificate of Compliance for an elevator or related equipment?

The owner of the building is responsible for obtaining a Certificate of Compliance for each unit of equipment in the building. This certificate is good for one year and must be applied for annually.

4. How do I obtain a Certificate of Compliance?

For each piece of equipment, the building owner must submit the follow to the Department, not later than the 30th day after the date of inspection:

5. How do I apply for a delay or waiver?

Submit a completed application for delay or waiver and fee of $50 for each violation requested to be delayed or waived. For each waiver request, include a photograph, drawing, or any other information to support your request to waive the code standard.

6. How has the waiver/delay process changed as a result of Senate Bill 673?

Senate Bill 673, effective September 1, 2013, gives the Executive Director the authority to grant a delay for compliance with the code and adopted standards until a specified time, unless the executive director determines that non-compliance constitutes a significant threat to passenger or worker safety. SB 673 also clarifies that the accumulated total time of all delays for a specific, non-compliant condition may not exceed three years.

7. How do I obtain a duplicate copy of a Certificate of Compliance?

Submit a written request, including your ELBI number and Decal numbers, with a fee of $25 for each certificate to:

Texas Department of Licensing & Regulation
PO Box 12157
Austin TX 78711

8. How can I get a copy of my inspection report?

Contact the elevator inspector that performed the inspection on your elevator or related equipment. Beginning January 1, 2014, elevator inspectors are required to issue an inspection report to the owner within 5 days of the date of inspection.

9. How do I respond to violations received on my inspection report?

The Building’s owner is responsible for having cited violations corrected, or under contract to be corrected, within 30 days of the date of inspection, or must obtain a Waiver or Delay from the Department.

10. Who is responsible for selecting an inspector to perform the required annual inspection?

The building owner or the owner's agent is responsible for selecting an inspector.

11. My elevator contractor told me that they will select the inspector and that the owner must not choose the inspector. Is that correct?

No. The owner has the sole right to select the inspector who enters upon the property. An owner may delegate that power to the elevator contractor but may withdraw that power at any time. The owner has the sole power to determine who enters into their building, including which inspector and elevator contractor. Unauthorized entry onto property may be considered trespassing.

12. If the power to select the elevator inspector is delegated to an elevator contractor and the inspection is performed late, not at all or in a negligent manner, is the owner still responsible?

Yes. An owner may not lawfully delegate the responsibility for safely maintaining the building and equipment or for compliance with the applicable statute(s) to another party.

13. As a building owner, what are my responsibilities for the elevators, escalators and/or related equipment in my building?

The building owner's responsibilities include, but are not limited to:

  1. having the equipment inspected annually by a registered elevator inspector;
  2. obtaining an inspection report from the inspector indicating that all equipment in the building has been inspected;
  3. filing with the department each inspection report and all applicable fees by the required deadlines;
  4. displaying the Certificate of Compliance for each piece of equipment in a publicly visible area of the building, as defined by the Program's rules; and,
  5. maintaining the equipment in compliance with the standards and codes adopted by the Commission, by rule.

Authority of the Executive Director to Protect the Public

1. How have the powers of the Executive Director and the Department changed under Senate Bill 673?

Senate Bill 673, effective September 1, 2013, gives the Executive Director enhanced authority to protect the public from dangerous conditions that may exist due to an elevator or escalator operating improperly. These enhancements are specifically outlined in five areas:

  1. Inspections and Investigations
    • During the course of an investigation or inspection of regulated equipment, the Department must be given access to any location in the building that is inaccessible to the public in order to conduct a full inspection or investigation of the equipment.
    • If the Executive Director believes that equipment on the property poses an imminent and significant danger, or that an accident involving equipment occurred on the property, he or his designee may enter the property at any time to inspect the equipment or investigate the accident, and must be granted access to any location in the building that is inaccessible to the public.
  2. Registrations
    • The Executive Director or the Commission may deny, suspend, or revoke an elevator registration and assess administrative penalties for any of the following:
      1. Obtaining an elevator certificate of compliance by fraud or false representation;
      2. Falsifying an inspection report submitted to the Department;
      3. Violating any of the Elevator Safety laws or rules.
  3. Injunctive Relief; Civil Penalty
    • The Attorney General or the Executive Director may institute an action for injunctive relief to prevent or restrain a violation or threatened violation of the Elevator Safety laws or rules. They may also collect civil penalties up to $5,000 per day for each violation, plus court costs, attorney's fees, investigative costs, witness fees, and deposition expenses.
  4. Emergency Orders
    • The Executive Director may issue an emergency order to enforce the Elevator Safety laws and rules if he determines that an emergency exists that requires immediate action to protect the public health and safety.
  5. Orders to Disconnect Power to or Lock Out Equipment
    • An emergency order may also direct the building owner to disconnect power to or lock out equipment if the Department determines imminent and significant danger to passenger or worker safety exists if immediate action is not taken, or if an annual inspection of the equipment has not been performed in more than two years.

Continuing Education

1. Do elevator inspectors have to take continuing education?

Yes. Each registered elevator inspector must complete continuing education requirements, as set by rules adopted by the Commission, before the inspector can renew their registration.

2. Who is required to take continuing education for elevator contractors and responsible parties?

The responsible party is required to take continuing education. If an elevator contractor has two responsible parties, then each responsible party must complete all the required continuing education.

3. How many continuing education hours must a responsible party take?

The responsible party must complete eight hours of department approved continuing education courses.

4. What topics does a responsible party have to cover in the eight hours of continuing education?

Courses must cover:

5. Where can I find responsible party continuing education provider and course information?

You can find approved continuing education provider and course information on our website..

6. Who must keep records of the completed continuing education?

Both the elevator contractor and the responsible party must keep continuing education records for one year after the date of course completion.

7. What is the actual amount of instruction time required for one hour of continuing education?

One hour of continuing education is equivalent to 50 minutes of actual instruction time.

8. Are there other course delivery methods available besides classroom?

Yes. Internet based continuing education courses are approvable.

9. May a responsible party obtain credit for completing a continuing education course that was not approved by TDLR?

No. Responsible parties will only receive credit for completing TDLR approved courses.

10. Who notifies TDLR that I have completed a continuing education course?

Continuing education providers are required to submit to TDLR your continuing education course completion information. If you have completed some hours from one provider, and the rest from another provider, each provider must submit that information to TDLR.

11. Does the responsible party get a certificate of course completion?

Yes. The continuing education provider is required to give the responsible party a certificate of course completion. The responsible party must furnish the elevator contractor with a copy of the certificate.

12. How long does a continuing education provider have to report the completed continuing education hours to TDLR?

Continuing education providers have seven days to report completed continuing education to TDLR, and fifteen days to give that information to the designee.

13. Can I get partial credit for completing part of a required continuing education course?

No. TDLR does not accept partial completion of continuing education courses. However, a provider may allow you to finish the course at another time.

14. Will I be monitored if I take an Internet based continuing education course?

TDLR requires providers to monitor licensee attendance for all courses, including online courses. If a designee does not meet the provider's monitoring requirements, no continuing education credit will be given.

15. Can I track completed continuing education courses on the TDLR web site?

Yes, you can check completed continuing education courses on our web site.

16. What do I do if my completed continuing education courses are not posted on the TDLR web site or I don't receive a course completion certificate?

Contact your continuing education provider to see what the problem is. If you have any questions, please contact the Education and Examination division or call (512) 463-6599.

17. I am a responsible party and an instructor of an approved continuing education course. Can I get my continuing education hours while teaching that course?

Yes. Instructors may arrange with the course provider to get continuing education hours for that portion of the course which the instructor taught. However, if the instructor does not teach the entire course, the instructor must attend the remainder of the course to obtain credit for the whole course. No partial course credit is allowed.

18. Will college course hours count towards continuing education for license renewal?

If the college course is a TDLR-approved continuing education course, then the course hours can be used for license renewal. Courses not approved by TDLR as continuing education courses can't be used for license renewal.

19. How does someone become a TDLR continuing education provider for the elevator responsible party program?

Go to the Frequently Asked Questions page for continuing education providers for information on becoming a TDLR approved continuing education provider and submitting courses for approval.

If additional help is needed, contact the Education and Examination division.


Other Information about Elevators and Related Equipment

1. Is inspection history information available to the public for elevators or related equipment?

Yes. You may search the elevator and related equipment database through the Department's website or you may contact the Department at (800) 803-9202 or (512) 463-6599.

2. How do I obtain information and updates related to the regulation of elevators or related equipment?

You can subscribe to the TDLR E-Mail Notification List on our website to receive an automated notification of new and changing information about elevators and related equipment.

3. What is the process for filing a complaint against an elevator inspector or elevator contractor? What is the process for filing a complaint against a building owner, elevator inspector, or elevator contractor?

You may file a complaint against a building owner, elevator inspector, or elevator contractor on the Department's website.

4. What is the chronology of the A17.1 codes adopted since the inception of the elevator program?

In order to establish a baseline of the applicable code requirements, below you will find the history of the lawfully adopted codes in the State of Texas:

5. What are elevator Door Restrictors and why are they so important?

Door Restrictors are devices that prevent the elevator cab doors from opening when an elevator is not within its “landing zone” and they are installed for one primary reason - to prevent serious injury or death. They keep people from opening the doors of a stalled elevator car and attempting to crawl out. When an elevator is stopped between floors, the safest place for passengers is in the elevator because serious injury or death can occur if passengers try to get themselves out. Door Restrictors secure elevator doors to keep them from being opened until help arrives and the appropriate action can be taken by qualified personnel. 
For safety reasons, any passenger elevator in Texas without Door Restrictors OR found to have non-working Door Restrictors must be immediately removed from service. The elevator will not be placed back into service until it is inspected and has all required safety features verified by a Registered Elevator Inspector.

6. What is Firefighters’ Service and why is it so important?

Firefighters’ Service is a special operating mode for elevators that protects the public by sending elevator cabs to a safe floor for exiting. To make buildings safer during a fire, the Texas Elevator Law requires all passenger elevators to be equipped with Firefighters’ Service. In the event of a fire, elevators that are not equipped with Firefighters’ Service will continue to operate as usual, possibly opening at the floor on fire, which could lead to serious injury or death. In order to protect the public, any passenger elevator in Texas without Firefighters’ Service OR found to have non-working Phase One Firefighters’ Service must be immediately removed from service.

7. What is the difference between “Removed from Service” and “Out of Service Per Code”?

“Removed from Service” means the unit has been rendered inoperative and had the mainline disconnect locked off by a Texas registered Elevator Inspector, in accordance with the requirements of Administrative Rule 74.105. The inspector must complete an Inspection Report form designating the date the equipment was locked off. The Inspection Report is provided to the owner so they may file it and the applicable fee ($20 per elevator) with the Department.

“Out of Service Per Code” means the unit has been rendered inoperative in compliance with the requirements of ASME A17.1-2007 part 8.11.1.4. This is commonly referred to as “decommissioning” a unit. Only a Texas registered Elevator Contractor may perform this service and the condition must be verified to the Department by a Texas registered Elevator Inspector. There is not a requirement for filing a report or fee with the state.