SECTION 74.66. Responsibilities of the Owner--Equipment Maintenance and Inspections

(a) The owner must:

(1) maintain the equipment in a safe operating condition and in conformance with the standards and codes adopted in §74.100 and keep the equipment free from reportable conditions;

(2) have an annual inspection of each unit of equipment to determine compliance with the applicable standards and codes adopted in §74.100;

(3) obtain the services of an inspector registered with the department to perform inspections in accordance with §§74.74 - 74.77 and §74.100;

(4) have each unit of equipment tested to determine its safety and compliance with the requirements of the codes and standards as adopted in §74.100;

(5) ensure that all of the tests required by the applicable standards and codes adopted in §74.100 are performed; and

(6) have all violations cited on an inspection report:

(A) corrected within 60 calendar days of the date of inspection;

(B) have them under contract to be corrected and all work completed not later than the next inspection due date; or

(C) have an approved waiver or delay.

(b) New equipment installations must have plans and other documents as set forth in this chapter reviewed by the department and must be inspected and tested to determine their safety and compliance with the requirements of the codes and standards as adopted in §74.100 before being placed in service. The equipment must be free of any violations, unless a waiver, delay or new technology variance has been granted by the department in writing, before being placed back into service.

(c) Altered equipment must have plans and other documents as set forth in this chapter reviewed by the department and must be inspected and tested to determine its safety and compliance with the requirements of the codes and standards as adopted in §74.100 before being placed back in service. The equipment must be free of any violations, unless a waiver, delay or new technology variance has been granted by the department in writing, before being placed back into service.

(d) When regulated equipment is inspected:

(1) for the first time, the owner must display the Proof of Inspection with a Proof of Inspection Sticker at the location defined in §74.67, selected by the owner, until a current certificate of compliance is issued by the executive director.

(2) on an annual basis, the owner must display the most current certificate of compliance with a Proof of Inspection Sticker at the location defined in §74.67, selected by the owner, until a current certificate of compliance is issued by the executive director.

(e) The owner must have equipment re-inspected and re-certified if:

(1) the equipment has been altered, including any alteration made to the interior of the elevator car enclosures or flooring;

(2) the equipment has been determined to have a reportable condition; or

(3) the inspection report shows an existing violation has continued longer than permitted in a delay granted by the executive director.

Source Note: The provisions of this §74.66 adopted to be effective November 15, 2013, 38 TexReg 7949