All elevators subject to door restrictor requirements must have the
door restrictor installed and inspected no later than September 1,
2010. To take advantage of the delay building owners must file an
application for delay and pay all required fees to TDLR. A link to the
waiver/delay application can be found at http://www.license.state.tx.us/elevator/ele012.pdf.
Justification for
Administrative Rule Adoption
The Texas Commission of Licensing and Regulation (“Commission”)
adopts an amendment to an existing rule at 16 Texas Administrative
Code (“TAC”) §74.50 regarding the installation of elevator door
restrictors and providing elevator firefighters service. There are no
changes to the proposed text as published in the September 4, 2009,
issue of the Texas Register (34 TexReg 6045). The adopted amendment
takes effect December 15, 2009.
The amendment implements House Bill 3628, 81st Legislature, Regular
Session, 2009, which extended the date on which building owners must
install elevator door restrictors and provide firefighters’ service.
The amended rule details the application and notification requirements
for obtaining the extension. The compliance date for installation of
elevator door restrictors is extended to September 1, 2010 and the
provisioning of firefighters’ service is extended to September 1,
2012.
The amendments also require building owners to verify: (1) that all
tenants in the building received notice of the application; and (2)
the application and plans of compliance will be provided to all
occupants in the building immediately upon request.
The proposed amendment was published in the September 4, 2009,
issue of the Texas Register. The 30-day public comment period closed
on October 5, 2009. No public comments were received in response to
the proposal.
The amendment is adopted under Chapter 754, Health and Safety Code,
which directs the Department’s governing body, the Commission to
adopt rules to establish an annual inspection and certification of
equipment covered by standards adopted under Chapter 754; and Texas
Occupations Code Chapter 51, which authorizes the Commission to adopt
rules as necessary to implement this chapter and any other law
establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set
forth in Chapter 754, Health and Safety Code, and Texas Occupations
Code, Chapter 51. No other statutes, articles, or codes are affected
by the adoption.
§74.50. Reporting Requirements--Building Owner.
(a) To obtain a Certificate of Compliance, the building owner must
submit to the Department within 60 days of the equipment inspection
date, the following items:
(1) the application for Certificate of Compliance;
(2) a copy of the inspection reports for each unit of equipment;
(3) written documentation to verify that all violations of the
applicable ASME Safety Codes or ASCE Standards as adopted in §74.100,
cited on the inspection report, are in compliance with §74.70(a)(3);
(4) any application(s) for Delay or Waiver if applicable; and,
(5) all applicable fees.
(b) Requests to delay the installation of door restrictors until
September 1, 2010, and provide firefighters’ service until September
1, 2012, must be made on a Department approved form and include:
(1) verification that the building owner:
(A) provided written notification of the application to delay
the installation of door restrictors and/or providing
firefighters’ service and the plan of compliance to all tenants
in the building; and
(B) will provide written notification of the application and
the plan of compliance to delay installation of door restrictors
and/or providing firefighters’ service immediately upon request
to any occupants in the building.
(2) the building owner plan of compliance; and
(3) all applicable fees.
(c) The owner shall notify the Department, in writing and within 30
days, of equipment that has been placed out of service. The equipment
must be placed out of service in accordance with the definition in
A17.1, "installation placed out of service."
(d) The owner shall notify the Department, in writing and within 30
days, of an elevator that has had alterations converting the equipment
to a material lift. The conversion shall comply with the applicable
sections of A17.1.
(e) The owner shall notify the Department, in writing and within 30
days, of a material lift that has had alterations converting the
equipment to an elevator. The elevator must be inspected and brought
into compliance with A17.1 as a new installation.
(f) When a Delay has been approved, the owner shall notify the
Department, in writing within 30 days of the date of correction.
IS THAT ELEVATOR SAFE? All
Elevator Owners Now Must Post Inspection Certificate (read
press release) Provisions of Senate Bill 279 and House Bill
1090, passed by the 78th Texas Legislature, require that elevator
owners prominently display documentation that their equipment has been
inspected. All owners of elevators operating in buildings open to the
public are required to post the Certificate of Compliance for the
elevator in a location readily accessible to the public. (read
more)
For more information about the elevator program, e-mail TDLR at elevators.escalators@license.state.tx.us.
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