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

  • Failed to sign and date the inspection report 74.74(d)

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