Elevators, Escalators and Related Equipment Safety and Licensing

Reminder to building owners and managers:

Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS.

(a) The owner of real property on which equipment covered by this subchapter is located shall:

(1) have the equipment inspected annually by a certified inspector;

(2) obtain an inspection report from the inspector evidencing that all equipment in a building on the real property was inspected in accordance with this subchapter and rules adopted under this subchapter;

(3) file with the executive director each inspection report, and all applicable fees, not later than the 60th day after the date on which an inspection is made under this subchapter;

(4) display the certificate of compliance:

(A) in a publicly visible area of the building, as determined by commission rule under Section 754.016, if the certificate relates to an elevator;

(B) in the escalator box if the certificate relates to an escalator; or

(C) in a place designated by the executive director if the certificate relates to equipment other than an elevator or escalator; and

(5) display the inspection report at the locations designated in Subdivision (4) until a certificate of compliance is issued.

(b) When an inspection report is filed, the owner shall submit to the executive director, as applicable:

(1) verification that any deficiencies in the inspector's report have been remedied or that a bona fide contract to remedy the deficiencies has been entered into; or

(2) any application for delay or waiver of an applicable standard.

(c) For the purpose of determining timely filing under Subsection (a)(3) and Section 754.016(b), an inspection report and filing fees are considered filed on the earlier of:

(1) the date of personal delivery;

(2) the date of postmark by United States mail if properly addressed to the executive director.

(d) A fee may not be charged or collected for a certificate of compliance for an institution of higher education as defined in Section 61.003 Education Code

(e) An owner shall report to the department each accident involving equipment not later than 72 hours following the accident.

An elevator may not be used by the public unless the aformentioned requirements have been met.

Failure to meet these requirements can result in administrative action by this agency.

Administrative penalties are set by Occupations Code, Chapter 51. The amount of the penalty shall be assessed by the Commission or Executive Director in an amount that may not exceed $5,000 per day for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

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.