Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,637
5587-5800 p. ; 28 cm.View a full description of this periodical.
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S.B. 673. There are no foreseeable implications relating to cost
or revenues of the state as a result of enforcing or administering
this proposed rule, since the Department has not charged these
fees in recent history.
Mr. Kuntz also has determined that for each year of the first five-
year period the proposed rules are in effect, the public benefit will
be improved public safety for elevators, escalators, and related
equipment, and continued certification of inspectors, which will
be performed by a certifying organization other than the Ameri-
can Society of Mechanical Engineers (ASME).
The anticipated economic effect on small or micro-businesses
or to persons who are required to comply with the rules as pro-
posed will be either nominal costs or the costs will be offset by
the benefit to public safety.
The proposed rules under 74.75 require inspectors to provide
their own labels and paper for printing and issuing Proof of In-
spection Stickers and Proof of Inspections. The Department be-
lieves the cost of these supplies would be nominal administrative
costs, which are more than offset by the benefit of informing the
public that a particular unit of the equipment has been inspected
and that the owner is awaiting receipt of the new certificate of
compliance. Without the Proof of Inspection for acceptance (ini-
tial) inspections and without the Proof of Inspection Sticker for
acceptance and annual inspections, it may appear to the public
that the equipment has never been inspected or has an overdue
inspection. The Proof of Inspection and the Proof of Inspection
Sticker provide this information to the public pending the owner
receiving and posting the new certificate of compliance. The
new notices may reduce administrative costs associated with
processing complaints of noncompliance when equipment has
in fact been inspected and is merely awaiting receipt of the new
certificate of compliance.
The proposed rules under new 74.69 require owners to main-
tain and provide maintenance manuals and other specified doc-
uments to the Department and to all contracted elevator person-
nel. The Department believes these documents are necessary
and should be provided to the Department if conducting an inves-
tigation and to all contracted elevator personnel in order for the
personnel to accurately conduct inspections and maintenance
on the equipment. The Department believes that any potential
costs for maintaining and providing these documents are offset
by the benefit to the public safety.
The proposed rules under new 74.79 require contractors to pro-
vide certain equipment-specific documents to the owners when
the contractor installs new equipment or alters existing equip-
ment. The Department believes these documents are neces-
sary and should accompany the new or altered equipment in or-
der for the owner to maintain the equipment in a safe operating
condition and free from reportable conditions. The owner is also
required to make this information available to the Department
and to all contracted elevator personnel under new 74.69. The
Department believes that any potential costs for providing these
documents to the owners are offset by the benefit to the public
safety.
The proposed rule under 74.110 reduces the costs to the con-
tractors by reducing the number of copies that the contractor
must submit to the Department for plan reviews.
Since the agency has determined that the rules will have no ad-
verse economic effect on small businesses preparation of an
Economic Impact Statement and a Regulatory Flexibility Anal-ysis, as detailed under Texas Government Code 2006.002, is
not required.
Comments on the proposal may be submitted by mail to Caroline
Jackson, Legal Assistant Team Lead, General Counsel's Office,
Texas Department of Licensing and Regulation, P.O. Box 12157,
Austin, Texas 78711, or by facsimile to (512) 475-3032, or elec-
tronically to erule@tdlr.texas.gov. The deadline for comments is
30 days after publication in the Texas Register.
16 TAC 74.1, 74.10, 74.20 - 74.24, 74.30, 74.40, 74.50,
74.55, 74.57, 74.60, 74.66 - 74.69, 74.72, 74.74 - 74.80,
74.100, 74.110 - 74.114, 74.120 - 74.122
The amendments and new rules are proposed under Texas Oc-
cupations Code, Chapter 51, and Texas Health and Safety Code,
Chapter 754, which authorize the Commission, the Department's
governing body, to adopt rules as necessary to implement these
chapters.
The statutory provisions affected by the proposal are those set
forth in Texas Occupations Code, Chapter 51, and Texas Health
and Safety Code, Chapter 754. No other statutes, articles, or
codes are affected by the proposal.
74.1. Authority.
The sections in this chapter are promulgated under the authority of the
Texas Health and Safety Code, Chapter 754[, Subehapter ] and Texas
Occupations Code, Chapter 51.
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 cos-
metic change that does not affect the operational safety of the equip-
ment 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 per-
formed 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 Peo-
ple Mover Standards" as adopted in 74.100.
(8) ASME--American Society of Mechanical Engineers.
Altered ,-,,;,,,ent-A_ n, gd, cp , m-ern4t- incd-
in its parts opponents, ado.r al .ysteams other than m maintenancee
repair or replacement. Hoe er the term does inehe any repairs and
replacements -performed as part of any alteration(s
f(A) ASCE AE- / ;on Seeiety of ivil Engineers;PROPOSED RULES August 30, 2013 38 TexReg 5637
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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/m1/51/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.