Complaints and Enforcement

Building Owners Elevator Penalties and Sanctions

Elevators, Escalators and Related Equipment (ELE)

Texas Health & Safety Code, Chapter 754

16 Texas Administration Code, Chapter 74

Cases Against Building Owners

Class A (per unit of equipment):

1st Violation, Up to $1,000

2nd Violation, $500 to 2,000

3rd Violation, $1,000 to $3,000

Posting Violations

Failed to display certificate of compliance in a publicly visible area of the building 754.019(a)(4), 74.67(a)(3)
Failed to follow all placement and other requirements for a certificate of compliance or identifying plaque 74.67(b),74.67(c)
Failed to display proof of inspection when equipment is inspected for the first time 74.66(d)(1)
Failed to display proof of inspection at the required location 74.66(d)(1)
Failed to display certificate of compliance when equipment is inspected on an annual basis 74.66(d)(2)
Failed to display certificate of compliance at the required location 74.66(d)(2)
Failed to have copies of all current Department-issued waivers, delays, and new technology variances posted in the required accessible and visible locations 74.68(c)

Inspection Violations

Reporting Violations

Failed to notify Department in writing within 30 days that equipment was placed out of service 74.50(b)
Failed to notify Department in writing within 30 days that equipment was converted to a material lift 74.50(c)
Failed to notify Department in writing within 30 days that a material lift was altered and converted to an elevator 74.50(d)
Failed to notify Department in writing within 30 days that equipment was removed from service 74.50(f)

Class B (per unit of equipment):

1st Violation, $1,000 to $3,000 plus file required documents and pay applicable fees

2nd Violation, $1,500 to $4,000 plus file required documents and pay applicable fees

3rd Violation, $2,500 to $5,000 plus file required documents and pay applicable fees

Inspection Violations

Failed to obtain inspection report from inspector 754.019(a)(2)
Failed to obtain the services of an inspector registered with the Department to perform inspections 74.66(a)(3)
Failed to file inspection report and pay filing fees within 30 days after the inspection 754.019(a)(3), 74.80(b)

Plan Review Violations

Failed to have new equipment installation plans and other documents reviewed by the Department before placing equipment in service 74.66(b)
Failed to have altered equipment plans and other documents reviewed by the Department before placing equipment in service 74.66(c)

Record Keeping and Administrative Violations

Failed to store records in the written or electronic format in the required locations 74.68(b)

Class C (per unit of equipment):

1st Violation, $1,000 to $5,000 plus obtain inspection

2nd Violation, $2,000 to $4,000 plus obtain inspection

3rd Violation, $4,000 to $5,000 plus obtain inspection

Record Keeping and Administrative Violations

Failed to grant the Department access to a non-public location in order to conduct an inspection or investigation 754.0231(a)
Failed to grant the Executive Director or his designee access to a non-public location in order to conduct an inspection or investigation 754.0231(b)
Failed to make required records available to the Department 74.68(a)
Failed to make required records available to contracted elevator personnel 74.68(a)

Reporting Violations

Failed to submit verification that deficiencies have been corrected or are under contract to be corrected, or have an approved waiver or delay 754.019(b)(1), 74.66(a)(6)
Failed to report an accident to the Department within 24 hours 754.019(e), 74.69(a)
Failed to notify the Department in writing within 30 days of correction after a delay 74.50(e)
Failed to notify the Department in writing of equipment with a reportable condition within 24 hours 74.69(c)
Failed to submit written verification to the Department after reportable conditions have been corrected before returning the equipment to service 74.69(c)

Inspection Violations

Failed to have each unit of equipment inspected annually 754.019(a)(1), 74.66(a)(2)
Failed to have equipment with a reportable condition re-inspected and re-certified before returning the equipment to service 74.69(c), 74.66(e)(2)
Failed to have new equipment inspected and tested before being placed into service 74.66(b)
Failed to have altered equipment inspected and tested before being placed back in service 74.66(c)
Failed to have equipment re-inspected and re-certified after it has been altered 74.66(e)(1)
Failed to have equipment re-inspected and re-certified when a violation has continued longer than authorized in a delay 74.66(e)(3)
Failed to obtain an annual certificate of compliance for each unit of equipment in the building 74.67(a)(1)

Safety Violations

Failed to maintain the equipment in safe operating condition and in compliance with the standards and codes 754.019(a)(5), 74.66(a)(1)
Failed to have each unit of equipment tested for safety and compliance with codes and standards 74.66(a)(4)
Failed to ensure that all required tests were performed 74.66(a)(5)
Failed to remove equipment from service after a reported accident 74.69(b)
Failed to place equipment with a reportable condition out of operation until repairs are completed 74.69(c)
Placed new equipment which had violations into service but did not have a waiver, delay or new technology variance 74.66(b)
Placed altered equipment which had violations into service but did not have a waiver, delay or new technology variance 74.66(c)
Operated regulated equipment without a current certificate of compliance 74.67(a)(2)
Moved or returned equipment to service after an accident without department approval 74.69(b)
Restored power to equipment that had been removed from service without authorization 74.105(b)
Returned to service equipment that had been removed from service without an approved acceptance or annual inspection 74.105(d)

Class D: (per unit of equipment)

1st Violation: $5,000

2nd Violation: $5,000

3rd Violation: $5,000

Violated an emergency order of Commission or Executive Director 754.0235(a), 74.90
Violated a previous order of Commission or Executive Director 51.353(a), 74.90
Obtained or attempted to obtain a certificate by fraud or false representation 754.0232(a)(1), 60.23(a)(1)
Failed to pay the Department for a dishonored payment 60.82