Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,647
5587-5800 p. ; 28 cm.View a full description of this periodical.
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(2) documentation of the fire rating of all materials in-
stalled as part of a car interior alteration, including the estimated
weight of those materials.
74.113. Plan Review--Department Approval or Denial.
The department shall conduct a plan review of the installation of new
equipment or the alteration of existing equipment and may:
(1) approve the application and plans and other required
documents as submitted;
(2) approve the application and plans and other required
documents with conditions; or
(3) deny the application and plans and other required doc-
uments and [will] provide the applicant with the reasons for denial.
74.114. Plan Review--Amendments.
(a) If the installation or alteration has already been completed,
any changes to an approved application and plans for the installation
of new equipment or the alteration of existing equipment must be re-
submitted in accordance with 74.111 or 74.112.
(b) If the installation or alteration has not been completed, a
contractor may amend a previously approved application and plans for
the installation of new equipment or the alteration of existing equip-
ment.
(c) To apply for a plan review of any amendments to a previ-
ously approved plan review under subsection (b), a contractor must:
(1) submit a completed application on a department-ap-
proved form;
(2) pay the fee required by 74.80; and
(3) submit a written description of the scope of work which
shall include a description of each alteration to be performed.
(d) In addition to submitting the items under subsection (c), a
contractor must submit layout drawings as specified in 74.111(b)(3)
and the ASME Code A17.1 [eede] adopted in 74.100 for the specific
type of equipment, if the alteration described in subsection (c)(3) re-
sults in one or more of the following changes:
(1) the rated speed of the equipment in feet per minute;
(2) the rated capacity of the equipment in pounds;
(3) the total travel of the equipment in feet and inches;
(4) the classification of the equipment, such as passenger
elevator to freight elevator or freight elevator to passenger elevator; or
(5) the driving machine is re-located.
74.120. New Technology Variances--Application for Variance.
(a) Prior to the installation of any device, equipment or tech-
nology not permitted by the currently adopted standards, a contractor
or an equipment manufacturer ("applicant") must submit an application
for new technology variance for approval by the department.
(b) An application for a new technology variance must [shalt]
contain the following, if applicable:
(1) an enumeration and description of all the requirements
of the adopted standard for which a new technology variance is being
requested;
(2) documentary evidence to support a claim of equiva-
lence or superiority to the requirements of the adopted standard;
(3) documentary evidence that the new technology is being
or may be considered by the ASME code committee(s) for inclusion in
a future standard;(4) an estimated time frame for the approval of the new
technology by the ASME code committee(s);
(5) any additional supporting evidence deemed by the ap-
plicant to be necessary to assist in making a determination; and
(6) the new technology variance application fees outlined
in 74.80.
(c) The applicant will [shall] be advised of the status of the
application, in writing, not less often than quarterly.
74.121. New Technology Variances--Department Approval or De-
nial.
(a) The applicant for a new technology variance will [shalt] be
notified of the department's decision in writing.
(b) If the new technology variance is approved, the department
notification will itemize the specific code requirement deviations for
which the variance(s) are approved.
(c) If the new technology variance is denied, the applicant may
appeal the department's decision in accordance with 74.122.
74.122. New Technology Variances--Appeal of Variance Denial.
(a) A denial of a new technology variance application may be
appealed to the director of compliance, or his designee, within 30 cal-
endar days from notification of the department's decision.
(b) The appeal to the director of compliance, or his designee,
must be submitted in writing along with payment of the applicable ap-
peal fee under 74.80. Supporting documentation such as the variance
application and all documentation filed to support the application may
be submitted for consideration.
(c) When a variance review determination has been made by
the director of compliance, or his designee, the applicant will [shall] be
advised in writing of the determination.
(d) A denial of a new technology variance application from the
director of compliance, or his designee, may be appealed to the exec-
utive director, or his designee, within 30 calendar days of notification
of the director of compliance's decision.
(e) The appeal to the executive director must be submitted in
writing. Supporting documentation such as the variance application
and all documentation filed to support the application may be submitted
for consideration. No additional appeal fees must be submitted.
(f) When a variance review determination has been made by
the executive director, the applicant will [shal] be advised in writing
of the determination.
(g) The decision of the executive director regarding the vari-
ance application is final and binding on the applicant.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 19, 2013.
TRD-201303508
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 29, 2013
For further information, please call: (512) 463-7348
16 TAC 74.70PROPOSED RULES August 30, 2013 38 TexReg 5647
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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/m1/61/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.