Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,643
5587-5800 p. ; 28 cm.View a full description of this periodical.
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space, control room, or control space in the building to access the elec-
tronic document(s).
(d) The owner must have written copies of all current depart-
ment-issued waivers, delays, and new technology variances posted in
the equipment room, machine room, machine space, control room, or
control space in a readily accessible and visible location available to
elevator personnel.
74.69. Responsibilities of the Owner--Accidents and Reportable
Conditions.
(a) The owner must report all accidents, as defined in Texas
Health and Safety Code, 754.011, involving equipment to the depart-
ment, using a department-approved form, within 24 hours of the acci-
dent.
(b) For an accident reported under this section, the equipment
shall be removed from service and shall not be moved (except as nec-
essary to extricate an injured party or effect a life-saving rescue) or
returned to service until a representative of the department completes
an investigation and issues an approval to return the unit to service.
(c) If any equipment is determined to have a reportable condi-
tion by inspection or other means, the owner must notify the department
in writing within 24 hours, and must place the unsafe equipment out of
operation until repairs to correct the reportable condition(s) are com-
pleted. After repairs have been completed, the owner must have the
equipment re-inspected and re-certified and submit written verification
to the department that the reportable condition has been corrected be-
fore returning the equipment to service.
74.72. Standards of Conduct for Inspector or Contractor Regis-
trants.
(a) The provisions in this section apply to both inspectors and
contractors, except where noted.
(b) Competency. The registrant, as applicable, shall be knowl-
edgeable of and adhere to the Act, this chapter, the ASME Safety Codes
or ASCE Standards as adopted in 74.100, and all procedures estab-
lished by the department for equipment inspections or performance of
a contract to install, alter, repair, or maintain equipment. It is the obli-
gation of the registrant to exercise reasonable judgment and skill in the
performance of equipment inspections or performance of a contract to
install, alter, repair, or maintain equipment.
(c) Integrity. A registrant shall be honest and trustworthy in
the performance of equipment inspections or performance of a contract
to install, alter, repair, or maintain equipment, and shall avoid misrep-
resentation and deceit in any fashion, whether by acts of commission or
omission. Acts or practices that constitute threats, coercion, or extor-
tion are prohibited. The registrant shall accurately and truthfully rep-
resent to any prospective client his/her capabilities and qualifications
to perform the services to be rendered.
(d) Interest. The primary interest of the registrant is to ensure
compliance with the Act, this chapter, and the ASME Safety Codes or
ASCE Standards adopted in 74.100, and all procedures established
by the department. The registrant's position, in this respect, should be
clear to all parties concerned while conducting equipment inspections
or completing the performance of a contract to install, alter, repair, or
maintain equipment.
(e) Conflict of Interest. A registrant is required [ebliged] to
avoid conflicts of interest and the appearance of conflicts of interest.
A conflict of interest exists when an inspector performs or agrees to
perform equipment inspections for a building in which he has a finan-
cial interest, whether direct or indirect. A conflict of interest also ex-
ists when a registrant's professional judgment and independence areaffected by his/her family, business, property, or other personal inter-
ests or relationships.
(f) Specific Rules of Conduct. A registrant must [shall] not:
(1) participate, whether individually or in concert with oth-
ers, in any plan, scheme, or arrangement attempting or having as its
purpose the evasion of any provision of the Act, this chapter, or the
standards adopted by the commission;
(2) knowingly furnish inaccurate, deceitful, or misleading
information to the department, an [a building] owner, or other person
involved in equipment inspections or equipment contracts;
(3) state or imply to an [a building] owner that the depart-
ment will grant a delay or waiver;
(4) engage in any activity that constitutes dishonesty, mis-
representation, or fraud while performing equipment inspections or
completing an equipment contract;
(5) perform equipment inspections or complete an equip-
ment contract in a negligent or incompetent manner;
(6) perform equipment inspections in a building or facility
in which the inspector registrant is an owner, either in whole or in part;
(7) perform equipment inspections in a building or facility
wherein the registrant, for compensation, participated in obtaining an
equipment contract for the building;
(8) indulge in advertising that is false, misleading, or de-
ceptive;
(9) misrepresent the amount or extent of prior education or
experience to any client; or
(10) hold out as being engaged in partnership or association
with any person unless a partnership or association exists in fact.
(g) An inspector is prohibited from performing [may not per-
form] inspections upon equipment for which the inspectors' employer
also has a contract to perform installations, maintenance, repairs, re-
placements or alterations on that equipment.
(h) A registrant must [shall] withdraw from employment when
it becomes apparent that it is not possible to faithfully discharge the
duty and performance of services owed the client. A registrant must
[shall] provide reasonable notice to the client of the registrant's with-
drawal.
(i) An inspector must attend all mandatory training required
by the executive director.
(j) A registrant must [shall] notify the department in writing
within 30 days of any changes to information submitted on the appli-
cation or renewal application.
(k) In accordance with Health and Safety Code, 754.0112, a
registered elevator inspector or a registered contractor is not prohibited
from performing an activity regulated by the Act or this chapter if the
inspector or contractor is performing the activity as an employee of an
institution of higher education.
74. 74. Responsibilities of the Inspector---Inspection Procedures.
(a) The inspector must inspect all equipment for compliance
with the applicable ASME Safety Codes or ASCE Standards as adopted
in 74.100.
(b) Inspectors must use the latest currentlyy] published edition
of ASME A17.2, [and the] "Guide for Inspection of Elevators, Escala-
tors, and Moving Walks," to conduct inspections and witness tests forPROPOSED RULES August 30, 2013 38 TexReg 5643
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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/m1/57/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.