Rule Review - Adoption and Justification

Chapter 74. Elevators, Escalators, and Related Equipment (effective March 13, 2015)

The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review and consider for re-adoption, revision, or repeal 16 Texas Administrative Code (TAC), Chapter 74, relating to the Elevators, Escalators, and Related Equipment program. The Notice of Intent to Review was published in the December 12, 2014, issue of the Texas Register (39 TexReg 9709). The public comment period closed on January 12, 2015.

Texas Government Code §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Elevators, Escalators, and Related Equipment program under Texas Health and Safety Code, Chapter 754, were scheduled for this four-year review.

The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Health and Safety Code, Chapter 754. The rules provide details that are not found in the program statute, but are necessary for implementation and operation of this program. For example, the rules: (1) define terms used in the program; (2) establish registration requirements for inspectors and contractors; (3) establish responsible party eligibility and continuing education requirements; (4) provide insurance requirements for contractors; (5) detail reporting requirements for owners, inspectors and contractors; (6) specify the duties and responsibilities of the department, owners, inspectors and contractors; (7) provide inspection procedures and requirements for owners and inspectors; (8) establish standards of conduct for inspectors and contractors; (9) adopt technical requirements; (10) detail the process for plan reviews for new installations and alterations of existing equipment; (11) establish procedures for applying for new technology variances; and (12) establish fees that are specific to this program.

The Department received public comments in response to the Notice of Intent to Review from two interested parties. The first comment discussed the use of the word “obsolete” as it relates to determining whether the reasons for adopting or readopting the rules continue to exist. The second comment recommended adopting more recent versions of the currently adopted ASME Codes and adopting ASME Code A17.7/CSA B44.7, a code which is not currently adopted by Texas. The second comment also suggested clarifications regarding inspector registration requirements, inspection procedures, and plan review approvals and denials. These comments will be taken under consideration as appropriate as part of any possible rule changes in the future.

At its meeting on March 4, 2015, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC, Chapter 74, Elevators, Escalators, and Related Equipment, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 74, Elevators, Escalators and Related Equipment.

Issued in Austin, Texas on March 13, 2015.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation