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 cosmetic change that does not affect the operational safety of the
equipment 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 performed
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 People
Mover Standards" as adopted in §74.100.
(8) ASME--American Society of Mechanical Engineers.
(9) ASME Code A17.1--The ASME Code A17.1/CSA B 44-07
- "Safety Code for Elevators and Escalators" as adopted in §74.100.
(10) ASME A17.2--The latest published edition of ASME
A17.2, "The Guide for Inspection of Elevators, Escalators, and Moving
Walks."
(11) ASME Code A17.3--The ASME Code A17.3-2002, "Safety
Code for Existing Elevators and Escalators" as adopted in §74.100.
(12) ASME Code A18.1--The ASME Code 18.1, "Safety Standards
for Platforms Lifts and Stairway Chairlifts" as adopted in §74.100.
(13) ASME QEI-1--The ASME QEI-1 "Standard for the Qualification
of Elevator Inspectors."
(14) Automated People Mover (APM)--A guided transit
mode operated by cables, with fully automated operation, featuring
vehicles that operate on guideways with exclusive right of way.
(15) Board--The elevator advisory board.
(16) Certificate of Compliance--A certificate issued
by the department indicating that the equipment has been inspected
by a registered inspector and found to be in compliance with this
chapter, except for any delays or waivers granted by the executive
director and stated in the certificate.
(17) Certifying Organization--An independent organization
that is competent and widely recognized to certify elevator inspectors
and that has been accredited by an organization that is nationally
recognized and is approved or recognized by the department as competent
to certify elevator inspectors.
(18) Commission--The Texas Commission of Licensing
and Regulation.
(19) Contractor--A person, partnership, company, corporation,
or other entity engaging in the installation, alteration, repair,
testing, or maintenance of equipment. The term does not include an
employee of a contractor engaged in cleaning or any other work performed
on equipment that does not affect the operational safety of the equipment
or diminish the safety of the equipment below the level required by
the ASME Code A17.1, ASME Code A18.1, or ASCE Code 21, as applicable.
(20) Delay--Postponement of compliance with a requirement
of the applicable ASME Safety Codes or ASCE Standard as adopted in §74.100,
for a specific period of time.
(21) Department--The Texas Department of Licensing
and Regulation.
(22) Equipment--An elevator, escalator, chairlift,
platform lift, automated people mover operated by cables, or moving
sidewalk, or related equipment.
(23) Executive Director--The executive director of
the department.
(24) Existing Equipment--Equipment installed or altered
before September 1, 1993.
(25) Industrial Facility--A facility to which access
is primarily limited to employees or contractors working in that facility.
(26) Inspection Report--A department-approved form
used by the inspector to report the inspection results of one unit
of equipment.
(27) Inspector--A person engaged in the inspection
and witnessing of the tests specified in the adopted standards of
ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21,
as applicable, to determine compliance with those standards. The term
also includes references to registered inspector and registered elevator
inspector.
(28) New Equipment--Equipment installed or altered
on or after September 1, 1993.
(29) Installation Placed Out of Service--Equipment
rendered inoperative in accordance with ASME Code A17.1.
(30) Owner--A person, company, corporation, authority,
commission, board, governmental entity, institution, or any other
entity that holds title to a building or facility in which equipment
regulated by the Act is located. For purposes under this chapter and
the Act, an owner may designate an agent. The term "owner" when used
in the chapter shall be construed to include the owner's agent.
(31) Owner's Agent--The person, company, corporation,
authority, commission, board, governmental entity, institution, or
any other entity that has been authorized by the owner to act on the
behalf of the owner as relates to a building or facility in which
equipment regulated by the Act is located.
(32) Proof of Inspection--A document provided to the
owner by the registered inspector after the completion of an acceptance
inspection of new equipment to inform the public that the equipment
has been inspected.
(33) Proof of Inspection Sticker--An adhesive label
placed by the registered inspector on the Proof of Inspection or the
certificate of compliance indicating the inspection has been performed.
(34) Publicly Visible Area of Building--A location
within the building where regulated equipment is located that is visible
to the public in an elevator car or a common area lobby or hallway
and accessible to the public at all times when any regulated equipment
is in operation, without the need for the viewer to obtain assistance
or permission from building personnel.
(35) Qualified Historic Building or Facility--A building
or facility that is:
(A) listed in or eligible for listing in the National
Register of Historic Places; or
(B) designated as a Recorded Texas Historic Landmark
or State Archeological Landmark.
(36) Related Equipment--The term means:
(A) automatic equipment that is used to move a person
in a manner that is similar to that of an elevator, an escalator,
a chairlift, a platform lift, an automated people mover, or a moving
sidewalk; and
(B) hoistways, pits, and machine rooms for equipment.
(37) Installation Removed from Service--Equipment rendered
inoperative in accordance with standards adopted in §74.105.
(38) Reportable Condition--A condition affecting the
safety operation of the equipment and requires that the equipment
be rendered inoperative to prevent injury to passengers, operators,
or the general public.
(39) Responsible Party--The person or persons meeting
the experience requirements of the Act and designated by the contractor
to attend continuing education in compliance with this chapter.
(40) Serious Bodily Injury--A major impairment to bodily
function or serious dysfunction of any bodily organ or part requiring
medical attention.
(41) Unit of Equipment--One elevator, escalator, chairlift,
platform lift, automated people mover operated by cables, or moving
sidewalk, or related equipment.
(42) Variance, New Technology ("new technology variance")--Deferral
of compliance with a requirement of the applicable ASME/ASCE Safety
Codes to allow the installation of new technology if the new component,
system, sub-system, function or device is found to be equivalent or
superior to the standards adopted in §74.100. A new technology
variance, once granted, may be applied to all like equipment installed
in the state and a separate variance is not required for each installation.
A variance applies to only one component, system, sub-system, function,
or device. For example, one seeking a variance for a door system,
a control system, and a suspension system would be required to file
three separate variance applications.
(43) Waiver--Deferral of compliance with a requirement
of the applicable ASME Safety Codes for an indefinite period of time.
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