Complaints and Enforcement

Elevator Contractors Penalties and Sanctions

Elevator Contractors (ELE)

Texas Health & Safety Code, Chapter 754

16 Texas Administration Code, Chapter 74

Cases against Contractors

Class A: (per unit of equipment)

1st Violation: Up to $1,000

2nd Violation: $500 to $3,000

3rd Violation: $1,000 to $3,000 and/or 6-month probated suspension to 1-year full suspension

Administrative and Reporting Violations

Failed to re-designate a responsible party within 30 days of the previous responsible party becoming unavailable 74.24(c)
Failed to retain a copy of the certificate of completion from a continuing education course 74.25(e)
Failed to notify Department within 30 days of changes to registrant information 74.72(j)
Failed to report to the Department and owner within 72 hours of discovering equipment that did not have a decal number 74.57(b)

Insurance Violations

Failed to file proof of insurance with the Department 74.40(c)
Failed to furnish insurance information to any customer who requests it 74.40(d)

Class B: (per unit of equipment)

1st Violation: $1,000 to $3,000 and/or up to 6-month probated suspension

2nd Violation: $1,500 to $4,000 plus 1-year probated suspension to 1-year full suspension

3rd Violation: $2,500 to $5,000 plus 1-year full suspension to revocation

Documentation Violations

Failed to provide the inspector a copy of the approved application and plans 74.78(b)
Failed to leave a copy of the approved application and plans in the required location 74.78(b)
Failed to provide required documents to owner when installing or altering equipment 74.79(a)
Failed provide owner with required documents as part of the contract to install or alter equipment 74.79(b)
Placed equipment into operation before an inspector verified required documents were on site 74.79(c)

Plan Review Violations

Failed to submit to the Department for review the application and plans of new equipment before beginning installation 74.110(a), 74.111(a)
Failed to submit to the Department for review the application and plans of existing equipment before beginning alterations 74.110(a), 74.112(a)
Failed to resubmit for approval changes to an approved application and plans 74.114(a)

Standards of Conduct Violations

Required the owner to sign a confidentiality or non-disclosure agreement in order to receive required documents 74.79(d)
Failed to accurately and truthfully represent to a prospective client the contractor's capabilities and qualifications, including the extent of prior education or experience 74.72(c), 74.72(f)(9)
Stated or implied to the building owner that the Department will grant a delay or waiver 74.72(f)(3)
Held self out as being engaged in a partnership or association when said partnership or association did not exist 74.72(f)(10)
Failed to withdraw from employment when required 74.72(h)
Failed to provide reasonable notice to client upon withdrawal 74.72(h)

Class C: (per unit of equipment)

1st Violation: $1,000 to $5,000 and/or 1-year probated suspension up to revocation

2nd Violation: $2,000 to $5,000 plus 1-year probated suspension to revocation

3rd Violation: $4,000 to $5,000 plus revocation

Insurance Violations

Reporting Violations

Falsified a report submitted to the Executive Director 754.0232(a)(2)
Failed to notify the owner and department in writing within 24 hours of discovering equipment with a reportable condition 74.57(a)

Standards of Conduct Violations

Engaged in activity that constitutes dishonesty, misrepresentation, or fraud 74.72(c), 74.72(f)(4)
Engaged in acts or practices that constitute threats, coercion, or extortion 74.72(c)
Failed to maintain primary interest of ensuring compliance with the law and the ASME Safety Code or ASCE Standards 74.72(d)
Failed to avoid conflict of interest or the appearance of a conflict of interest 74.72(e)
Participated in a plan, scheme, or arrangement attempting or having at its purpose the evasion of any provision of the, law or the standards adopted by the Commission 74.72(f)(1)
Knowingly furnished inaccurate, deceitful, or misleading information to the Department, a building owner, or other person 74.72(f)(2)
Engaged in false, misleading, or deceptive advertising 74.72(f)(8)

Unlicensed Activity

Acted as a contractor without registering with the Department 754.0171(a), 74.22(a)

Safety Violations

Performed equipment installation, repair or maintenance in a negligent or incompetent manner 74.72(b), 74.72(f)(5)
Failed to apply for new technology variance before installing device, equipment or technology not permitted by current standards 74.120(a)

Class D: (per unit of equipment)

1st Violation: $5,000 and/or revocation

2nd Violation: $5,000 and/or revocation

3rd Violation: $5,000 and/or revocation

Violated a previous order of Commission or Executive Director 51.353(a), 74.90
Obtained or attempted to obtain a registration by fraud or false representation 754.0232(a)(1), 60.23(a)(1)
Failed to pay the Department for a dishonored payment 60.82