Justification for Adoption of Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Elevators, Escalators, and Related Equipment
16 TAC Chapter 74, amendments §74.50, and §74.60

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 74, §74.50, and §74.60, regarding the Elevators, Escalators, and Related Equipment program, without changes to the proposed text as published in the February 16, 2018, issue of the Texas Register (43 TexReg 818). The rules will not be republished.

The adopted amendments implement recommendations from a 2016 internal audit. The recommendations were to correct an outdated cross-reference and to reflect the information that is currently listed on certificates of compliance issued by the Department.

The adopted amendment to §74.50 corrects a cross-reference.

The adopted amendment to §74.60 reflects the Department’s current practice of listing the inspector’s registration number but not the inspector’s name on the certificate of compliance.

The Texas Department of Licensing and Regulation (Department) drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the February 16, 2018, issue of the Texas Register (43 TexReg 818). The deadline for public comment was March 19, 2018. The Department did not receive any comments during the 30-day public comment period.

The Elevators, Escalators, and Related Equipment Advisory Board (Board) met on May 1, 2018, to discuss the proposed rules. The Board recommends adopting the rules without changes.

At its meeting on May 24, 2018, the Commission adopted the rules without changes.

The amendments are adopted under Texas Occupations Code, Chapter 51 and Health and Safety Code Chapter 754, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51 and Health and Safety Code Chapter 754. No other statutes, articles, or codes are affected by the proposal.

§74.50. Reporting Requirements--Owner

(a) To obtain a certificate of compliance, the owner must submit to the department within 30 days of the equipment inspection date the following items:

(1) the application for certificate of compliance;

(2) a copy of the inspection reports for each unit of equipment;

(3) written documentation to verify that all violations of the applicable ASME Safety codes or ASCE standards as adopted in §74.100, cited on the inspection report, are in compliance with §74.66(6)(A) - (C);

(4) any application(s) for delay or waiver if applicable; and

(5) all applicable fees.

(b) The owner must notify the department, in writing and within thirty (30) days, of equipment that has been placed out of service. The equipment must be placed out of service in accordance with the definition in ASME Code A17.1, "installation placed out of service".

(c) The owner must notify the department, in writing and within thirty (30) days, of an elevator that has had alterations converting the equipment to a material lift. The conversion shall comply with the applicable sections of ASME Code A17.1.

(d) The owner must notify the department, in writing and within thirty (30) days, of a material lift that has had alterations converting the equipment to an elevator. The elevator must be inspected and brought into compliance with ASME Code A17.1 as a new installation.

(e) When a delay has been approved, the owner must notify the department, in writing within thirty (30) days of the date of correction.

(f) Within thirty (30) days of the date the equipment has become an Installation removed from service, the owner must notify the department by submitting a completed Inspection Report, including the applicable fee required by §74.80.

§74.60. Responsibilities of the Department.

(a) The certificate of compliance issued by the department will include the following information:

(1) building number;

(2) decal number;

(3) building name;

(4) inspector’s registration number;

(5) date of the last inspection;

(6) due date of the next inspection; and

(7) contact information to report a violation to the department.

(b) The department will use the following procedures to issue a certificate of compliance:

(1) review inspection report and fees received by the department;

(2) review certification submitted by owner indicating which code violations have been remedied and which code violations are under contract to be corrected;

(3) review waiver/delay application and fees received by the department;

(4) notify owner of an incomplete submittal and ask for any missing inspection documents and fees;

(5) notify owner of any denied waiver or delay requests and ask for certification that violations have been remedied or under contract to be corrected;

(6) confirm that the owner submitted an inspection report with the correct amount of filing fees and all deficiencies in the inspection report have been corrected, or under contract to be corrected, or delay or waiver granted; and

(7) upon completion of the prior steps, issue a certificate of compliance for each unit of equipment.

(c) The department shall provide notification to owners, architects, and other building industry professionals regarding the necessity of annually inspecting equipment through the department's website, press releases, and group presentations.

(d) The department shall review and issue a decision on applications for new technology variances in accordance with this chapter.

(e) The department shall perform the required application and plan review and may approve or deny the application and plans in accordance with this chapter.

(f) The department may periodically review inspection reports to determine compliance with the applicable statutes and rules.

(g) The department may require inspector attendance at periodic rules and/or law update seminars conducted by the department when the executive director determines such seminars to be necessary.

(h) The department may conduct inspector training seminars where attendance by inspectors is not mandatory.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on June 1, 2018.

Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation