| (a) The provisions in this section apply to both inspectors
and contractors, except where noted.
(b) Competency. The
registrant, as applicable, shall be knowledgeable of and adhere to
the Act, this chapter, the ASME Safety Codes or ASCE Standards as
adopted in §74.100, and all procedures established by the department
for equipment inspections or performance of a contract to install,
alter, repair, or maintain equipment. It is the obligation 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 misrepresentation and deceit in any fashion,
whether by acts of commission or omission. Acts or practices that
constitute threats, coercion, or extortion are prohibited. The registrant
shall accurately and truthfully represent 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 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 financial interest, whether direct or indirect.
A conflict of interest also exists when a registrant's professional
judgment and independence are affected by his/her family, business,
property, or other personal interests or relationships.
(f) Specific Rules of Conduct. A
registrant must not:
(1) participate, whether individually or in concert
with others, 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 owner, or other person involved
in equipment inspections or equipment contracts;
(3) state or imply to an owner that the department
will grant a delay or waiver;
(4) engage in any activity that constitutes dishonesty,
misrepresentation, or fraud while performing equipment inspections
or completing an equipment contract;
(5) perform equipment inspections or complete an equipment
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 deceptive;
(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 inspections
upon equipment for which the inspector 's employer also has a contract
to perform installations, maintenance, repairs, replacements or alterations
on that equipment.
(h) A registrant must 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 provide reasonable notice to the client of the registrant's withdrawal.
(i) An inspector must attend all mandatory training
required by the executive director.
(j) A registrant must notify the department in writing
within 30 days of any changes to information submitted on the application
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.
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