Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,635
5587-5800 p. ; 28 cm.View a full description of this periodical.
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Section 74.10, Definitions. The proposed rules amend this
section by adding definitions for the following terms: acceptance
inspection, accident, alteration, annual inspection, ASCE, ASCE
Code 21, ASME, ASME QEI-1, board, certificate of compliance,
certifying organization, equipment, industry facility, owner,
owner's agent, proof of inspection, proof of inspection sticker,
qualified historic building or facility, related equipment, serious
bodily injury, and unit of equipment. The proposed rules repeal
the following definitions: altered equipment, building owner, and
code providers. The proposed rules also amend existing rule
definitions to align them with the statutory definitions and to
make general clean-up changes.
Section 74.20, Inspector Registration Requirements. The pro-
posed rules amend this section by adding a statement that a
person may not act as an inspector or engage in activities that
require registration as an inspector unless the person is regis-
tered with the Department. The proposed rules also eliminate
the reference to ASME QEI-1 inspector certification and replace
it with a reference to an inspector certification issued by a cer-
tifying organization within 12 months preceding the date of the
application. The proposed rules also amend the title of the sec-
tion.
Section 74.21, Inspector Registration Requirements--Renewal.
The proposed rules amend this section by eliminating the refer-
ence to ASME QEI-1 inspector certification and replacing it with
a reference to an inspector certification issued by a certifying or-
ganization within 12 months preceding the date of the renewal.
The proposed rules also add a requirement that the applicant
comply with the continuing education requirements of the certi-
fying organization.
Section 74.22, Contractor Registration Requirements. The pro-
posed rules amend this section by adding a statement that a
person may not act as a contractor or engage in activities that re-
quire registration as a contractor unless the person is registered
with the Department. The proposed rules also update the proof
of insurance requirement to reflect the statutory changes that al-
low an institution of higher education, as defined by statute, to
submit proof of self-insurance. The proposed rules also amend
the title of the section.
Section 74.23, Contractor Registration Requirements--Renewal.
The proposed rules amend this section by updating the proof
of insurance requirement to reflect the statutory changes, which
allow an institution of higher education, as defined by statute, to
submit proof of self-insurance.
Section 74.24, Responsible Party Eligibility Requirements. The
proposed rules amend this section by clarifying that the respon-
sible party must comply with the continuing education require-
ments under 74.25.
Section 74.30, Exemptions. The proposed rules amend this sec-
tion by making technical clean-up changes.
Section 74.40, Contractor Insurance Requirements. The pro-
posed rules amend this section by updating the general liability
insurance requirements to conform to the statutory changes,
which require that the insurance be written by an insurer au-
thorized to engage in the business of insurance in Texas or
an eligible surplus lines insurer, as defined by Insurance Code
981.002. The proposed rules also amend this section to reflect
the statutory changes, which allow an institution of higher edu-
cation, as defined by statute, to submit proof of self-insurance.Section 74.50, Reporting Requirements--Owner. The proposed
rules amend this section by repealing subsection (b), regarding
delays in compliance with firefighters' service, to reflect the expi-
ration and repeal of the statutory delay provision effective Octo-
ber 1, 2012. The proposed rules also make technical changes.
Section 74.55, Reporting Requirements--Inspector. The pro-
posed rules amend this section by reducing the amount of time
that an inspector has to provide a copy of the inspection report
to the owner from "not later than the 10th calendar day after
completing the inspection" to "not later than the 5th calendar day
after completing the inspection." This change complies with the
statutory changes. The proposed rules also require inspectors
to use the Online Inspection Reporting System, rather than
email, fax, telephone or letter, to report to the Department within
72 hours of completing an acceptance (initial) inspection or
an annual inspection. The proposed rules also require written
notification to the Department within 72 hours of discovery, all
equipment they encounter that does not have a decal number.
Section 74.57, Reporting Requirements--Contractor. The pro-
posed rules amend this section by deleting subsections (a) and
(b), regarding contractors submitting initial and quarterly reports
to the Department, to reflect the statutory repeal of these provi-
sions. The proposed rules add a requirement, which is similar
to the requirement for inspectors under 74.55, that contractors
must report in writing to the Department and to the owner within
72 hours of discovery, all equipment they encounter that does
not display a Department issued decal number.
Section 74.60, Responsibilities of the Department. The pro-
posed rules amend this section by reorganizing the elements of
a certificate of compliance into a list format and updating the list
of elements. The proposed rules also make technical clean-up
changes.
New 74.66, Responsibilities of the Owner--Equipment Mainte-
nance and Inspections. The new rule incorporates provisions
from former 74.70 regarding equipment maintenance and in-
spections, which is being repealed herein, and adds provisions
regarding use of the Proof of Inspection and Proof of Inspection
Sticker for acceptance (initial) inspections and annual inspec-
tions.
New 74.67, Responsibilities of the Owner--Certificates of
Compliance. The new rule incorporates provisions from former
74.70 regarding certificates of compliance, which is being
repealed herein, and updates the provisions regarding "publicly
visible areas of the building" where certificates of compliance
must be posted for the various types of regulated equipment.
New 74.68, Responsibilities of the Owner--Other Documents.
The new rule incorporates provisions from former 74.70 re-
garding specific documents, which is being repealed herein,
and adds provisions to implement the statutory changes re-
garding the owner making available to the Department and all
contracted elevator personnel all maintenance and inspection
records, maintenance control programs, maintenance, repair
and parts manuals, and product specific inspection, testing and
maintenance procedures for each make and model number of
the equipment. The proposed rules require these documents,
records and program to be in writing and stored in the equipment
room, machine room, machine space, control room or control
space for that specific equipment.
New 74.69, Responsibilities of the Owner--Accidents and Re-
portable Conditions. The new rule incorporates provisions from
former 74.70 regarding accidents and reportable conditions,PROPOSED RULES August 30, 2013 38 TexReg 5635
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Texas. Secretary of State. Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013, periodical, August 30, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342086/m1/49/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.