SECTION 74.10. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) The Act--Texas Health and Safety Code, Chapter 754, Elevators, Escalators, and Related Equipment.

(2) Acceptance Inspection--An inspection performed at the completion of the initial installation or alteration of equipment and in accordance with the applicable ASME Code A17.1.

(3) Accident--An event involving equipment that results in death or serious bodily injury to a person.

(4) Alteration--A change in existing equipment. The term does not include testing, maintenance, repair, replacement, or a cosmetic change that does not affect the operational safety of the equipment or diminish the safety of the equipment below the level required by the ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21, as applicable, at the time of alteration.

(5) Annual Inspection--An inspection of equipment performed in a 12-month period in accordance with the applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21. The term includes an acceptance inspection performed within that period.

(6) ASCE--American Society of Civil Engineers.

(7) ASCE Code 21--The ASCE Code 21, "Automated People Mover Standards" as adopted in §74.100.

(8) ASME--American Society of Mechanical Engineers.

(9) ASME Code A17.1--The ASME Code A17.1/CSA B 44-07 - "Safety Code for Elevators and Escalators" as adopted in §74.100.

(10) ASME A17.2--The latest published edition of ASME A17.2, "The Guide for Inspection of Elevators, Escalators, and Moving Walks."

(11) ASME Code A17.3--The ASME Code A17.3-2002, "Safety Code for Existing Elevators and Escalators" as adopted in §74.100.

(12) ASME Code A18.1--The ASME Code 18.1, "Safety Standards for Platforms Lifts and Stairway Chairlifts" as adopted in §74.100.

(13) ASME QEI-1--The ASME QEI-1 "Standard for the Qualification of Elevator Inspectors."

(14) Automated People Mover (APM)--A guided transit mode operated by cables, with fully automated operation, featuring vehicles that operate on guideways with exclusive right of way.

(15) Board--The elevator advisory board.

(16) Certificate of Compliance--A certificate issued by the department indicating that the equipment has been inspected by a registered inspector and found to be in compliance with this chapter, except for any delays or waivers granted by the executive director and stated in the certificate.

(17) Certifying Organization--An independent organization that is competent and widely recognized to certify elevator inspectors and that has been accredited by an organization that is nationally recognized and is approved or recognized by the department as competent to certify elevator inspectors.

(18) Commission--The Texas Commission of Licensing and Regulation.

(19) Contractor--A person, partnership, company, corporation, or other entity engaging in the installation, alteration, repair, testing, or maintenance of equipment. The term does not include an employee of a contractor engaged in cleaning or any other work performed on equipment that does not affect the operational safety of the equipment or diminish the safety of the equipment below the level required by the ASME Code A17.1, ASME Code A18.1, or ASCE Code 21, as applicable.

(20) Delay--Postponement of compliance with a requirement of the applicable ASME Safety Codes or ASCE Standard as adopted in §74.100, for a specific period of time.

(21) Department--The Texas Department of Licensing and Regulation.

(22) Equipment--An elevator, escalator, chairlift, platform lift, automated people mover operated by cables, or moving sidewalk, or related equipment.

(23) Executive Director--The executive director of the department.

(24) Existing Equipment--Equipment installed or altered before September 1, 1993.

(25) Industrial Facility--A facility to which access is primarily limited to employees or contractors working in that facility.

(26) Inspection Report--A department-approved form used by the inspector to report the inspection results of one unit of equipment.

(27) Inspector--A person engaged in the inspection and witnessing of the tests specified in the adopted standards of ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21, as applicable, to determine compliance with those standards. The term also includes references to registered inspector and registered elevator inspector.

(28) New Equipment--Equipment installed or altered on or after September 1, 1993.

(29) Installation Placed Out of Service--Equipment rendered inoperative in accordance with ASME Code A17.1.

(30) Owner--A person, company, corporation, authority, commission, board, governmental entity, institution, or any other entity that holds title to a building or facility in which equipment regulated by the Act is located. For purposes under this chapter and the Act, an owner may designate an agent. The term "owner" when used in the chapter shall be construed to include the owner's agent.

(31) Owner's Agent--The person, company, corporation, authority, commission, board, governmental entity, institution, or any other entity that has been authorized by the owner to act on the behalf of the owner as relates to a building or facility in which equipment regulated by the Act is located.

(32) Proof of Inspection--A document provided to the owner by the registered inspector after the completion of an acceptance inspection of new equipment to inform the public that the equipment has been inspected.

(33) Proof of Inspection Sticker--An adhesive label placed by the registered inspector on the Proof of Inspection or the certificate of compliance indicating the inspection has been performed.

(34) Publicly Visible Area of Building--A location within the building where regulated equipment is located that is visible to the public in an elevator car or a common area lobby or hallway and accessible to the public at all times when any regulated equipment is in operation, without the need for the viewer to obtain assistance or permission from building personnel.

(35) Qualified Historic Building or Facility--A building or facility that is:

(A) listed in or eligible for listing in the National Register of Historic Places; or

(B) designated as a Recorded Texas Historic Landmark or State Archeological Landmark.

(36) Related Equipment--The term means:

(A) automatic equipment that is used to move a person in a manner that is similar to that of an elevator, an escalator, a chairlift, a platform lift, an automated people mover, or a moving sidewalk; and

(B) hoistways, pits, and machine rooms for equipment.

(37) Installation Removed from Service--Equipment rendered inoperative in accordance with standards adopted in §74.105.

(38) Reportable Condition--A condition affecting the safety operation of the equipment and requires that the equipment be rendered inoperative to prevent injury to passengers, operators, or the general public.

(39) Responsible Party--The person or persons meeting the experience requirements of the Act and designated by the contractor to attend continuing education in compliance with this chapter.

(40) Serious Bodily Injury--A major impairment to bodily function or serious dysfunction of any bodily organ or part requiring medical attention.

(41) Unit of Equipment--One elevator, escalator, chairlift, platform lift, automated people mover operated by cables, or moving sidewalk, or related equipment.

(42) Variance, New Technology ("new technology variance")--Deferral of compliance with a requirement of the applicable ASME/ASCE Safety Codes to allow the installation of new technology if the new component, system, sub-system, function or device is found to be equivalent or superior to the standards adopted in §74.100. A new technology variance, once granted, may be applied to all like equipment installed in the state and a separate variance is not required for each installation. A variance applies to only one component, system, sub-system, function, or device. For example, one seeking a variance for a door system, a control system, and a suspension system would be required to file three separate variance applications.

(43) Waiver--Deferral of compliance with a requirement of the applicable ASME Safety Codes for an indefinite period of time.

Source Note: The provisions of this §74.10 adopted to be effective July 1, 2012, 37 TexReg 4590; amended to be effective November 15, 2013, 38 TexReg 7949; amended to be effective February 15, 2016, 41 TexReg 962