Complaints and Enforcement

Elevator Inspectors Penalties and Sanctions

Elevator Inspectors (ELE)

Texas Health & Safety Code, Chapter 754

16 Texas Administration Code, Chapter 74

Cases against Inspectors

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

Violations in Conducting an Inspection

Failed to report to the building owner before beginning an inspection 74.74(c)
Completed an inspection of a new installation or alteration before verifying that required documents were on site and stored in the required location 74.74(i)(3)

Inspection Documentation Violations

Failed to issue an inspection report of a new installation to building owner within five days of inspection 754.016(b), 74.55(a)
Failed to provide an inspection report to the Department and owner within five days of inspection of an alteration 74.55(b)
Failed to sign and date or electronically acknowledge the inspection report 74.74 (d)
Failed to properly complete a Department-approved inspection report form 74.75(a), 74.75(b)
Used the Department inspection form to report inspection results for exempt equipment or construction-use only elevators 74.75(d)

Posting Violations

Failed to obtain from the Department the label format file for proof of inspection stickers 74.75(e)
Failed to obtain from the Department the document format file for proof of inspection 74.75(f)
Failed to display a proof of inspection as required prior to leaving the site of an acceptance inspection 74.75(g)
Failed to attach proof of inspection sticker to the existing certificate of compliance prior to leaving the site of an annual inspection 74.75(h)

Reporting Violations

Failed to report to the Department within 72 hours of discovering equipment that did not have a decal number 74.55(c)
Failed to report each piece of equipment inspected within 72 hours using the Online Inspection Reporting System 74.55(e)
Failed to report each piece of equipment removed from service within 72 hours using the Online Inspection
Reporting System 74.55(e)
Failed to report the issuance and disposal of decals upon the Department's request 74.77(e)

Administrative Violations

Failed to attend all mandatory training required by the Executive Director 74.72(i)
Failed to notify Department within 30 days of changes to registrant information 74.72(j)

Test Tags Violations

Allowed another person to attach Department test tags 74.76(a)
Allowed another person to inscribe required information on a Department test tag 74.76(b)
Replaced test tag before all spaces were filled 74.76(b)
Failed to attach Department test tags as required upon completion of an initial acceptance test 74.76(c)
Failed to use a crimping tool bearing the Department's seal and the inspector's assigned number 74.76(d)
Failed to seal all devices and adjustments by the adopted standard 74.76(d)
Returned a unit with a broken seal to service prior to witnessing the required test and providing the prescribed seal 74.76(d)
Failed to verify that contractor's test tags were properly placed on the equipment 74.76(f)

Decal Violations

Failed to properly affix decals 74.77(a)
Affixed an additional decal to equipment that has a current decal 74.77(b)
Failed to properly reference decal number and Department building identification number on inspection reports and correspondence 74.77(c)
Failed to report required information to the Department within ten days of placing new decal on equipment 74.77(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

Standards of Conduct Violations

Charged an amount for an inspection which was contingent on the existence of a maintenance contract 754.0172
Performed an inspection in a building or facility where the inspector, for compensation, participated in obtaining an equipment contract for the building 74.72(e) 74.72(f)(7)
Stated or implied to the building owner that the Department will grant a delay or waiver 74.72(f)(3)
Performed an inspection in a building or facility where the inspector's employer also has a contract to perform services on that equipment 74.72(g)
Failed to accurately and truthfully represent to a prospective client the inspector's capabilities and qualifications, including the extent of prior education or experience 74.72(c) 74.72(f)(9)
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

Violations in Conducting an Inspection

Performed an inspection in a negligent or incompetent manner 74.72(b), 74.72(f)(5)
Failed to inspect all equipment for compliance with the applicable standards 74.74(a)
Failed to use the latest edition of the ASME A17.2 to conduct inspections and witness tests for compliance with standards 74.74(b)
Performed inspection for a new installation or altered equipment without verifying applications and plans had been approved 74.74(g)
Failed to verify that installations or alterations comply with the approved application and plans 74.74(h)
Failed to compare the installation to the approved application and plans 74.74(i)(1)
Performed tests when prohibited 74.74(e)

Unlicensed Activity

Acted as an inspector without being registered with the Department 754.017(a)(1), 74.20(a)

Safety Violations

Placed a unit in-service that failed to comply with the approved applications and plans without the approval of the Department 74.74(i), 74.74(i)(2)
Failed to properly remove equipment from service 74.105(a)

Inspection Documentation Violations

Falsifying an inspection report 754.0232(a)(2)
Failed to note reportable condition on an inspection report 74.55(d)
Failed to list violations by code number and edition for each unit inspected 74.75(c)
Failed to include a written description of each violation on the inspection report 74.75(c)

Reporting Violations

Failed to report equipment with a reportable condition to the owner immediately 74.55(d)
Failed to notify the department of a reportable condition within 24 hours 74.55(d)

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 754.017(d), 74.72(e)
Performed an inspection in a building or facility where the inspector is an owner, part owner, or an employee of an owner 74.72(e), 74.72(f)(6)
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 involved in the inspection 74.72(f)(2)
Engaged in false, misleading, or deceptive advertising 74.72(f)(8)

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