Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,639
5587-5800 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
tion to prevent a risk of [serious] injury to passengers, operators, or the
general public.
(37) [(21)] Responsible Party [paty]--The person or per-
sons meeting the experience requirements of the Act and designated
by the contractor to attend continuing education in compliance with
this chapter.
(38) Serious Bodily Injury--A major impairment to bodily
function or serious dysfunction of any bodily organ or part requiring
medical attention.
(39) Unit of Equipment--One elevator, escalator, chairlift,
platform lift, automated people mover operated by cables, or moving
sidewalk, or related equipment.
(40) [(22)] Variance, New Technology ("new technology
variance")--Deferral of compliance with a requirement of the applica-
ble ASME/ASCE Safety Codes to allow the installation of new tech-
nology 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, sys-
tem, sub-system, function, or device. For example, one seeking a vari-
ance for a door system, a control system, and a suspension system
would be required to file three separate variance applications.
(41) [(23)] Waiver--Deferral of compliance with a require-
ment of the applicable ASME Safety Codes for an indefinite period of
time.
74.20. Inspector Registration Requirements--Initial.
(a) A person may not act as an inspector or engage in any ac-
tivities that require registration as a inspector in this state unless the
person is registered with the department.
) [(a)] An applicant registering with the department as an
inspector must [shall]:
(1) submit a completed application on a department-ap-
proved form;
(2) pay the fee required by 74.80; and
(3) submit a copy of both sides of a valid [ASME QE4]
elevator [safety] inspector certification issued by a certifying organiza-
tion within 12 months preceding the date of the application [card].
(c) [N()] An applicant must complete an orientation session
provided by the department before the registration is issued.
74.21. Inspector Registration Requirements--Renewal.
To renew an inspector registration, an inspector must:
(1) submit a completed application on a department-ap-
proved form;
(2) pay the fee required by 74.80;
(3) submit a copy of both sides of a valid [ASME QE -]
elevator [safety] inspector certification issued by a certifying organiza-
tion within 12 months preceding the date of the renewal; [and]
(4) comply with the continuing education requirements of
the certifying organization; and
(5) [(4)] complete any other mandatory training required
by the executive director.
74.22. Contractor Registration Requirements--Initial.(a) A person may not act as a contractor or engage in any ac-
tivities that require registration as a contractor in this state unless the
person is registered with the department.
(b) A person registering with the department as a contractor
must:
(1) submit a completed application on a department-ap-
proved form;
(2) submit proof of:
(A) general liability insurance as required in 74.40; or
(B) self-insurance by a qualifying institution of higher
education;
(3) pay the fee required by 74.80; and
(4) designate at least one responsible party who meets the
requirements of 74.24.
74.23. Contractor Registration Requirements--Renewal.
To renew a contractor registration, a contractor must:
(1) submit a completed application on a department-ap-
proved form;
(2) pay the fee required by 74.80;
(3) provide proof of:[and]
education; ar(A) general liability insurance as required in 74.40; or
(B) self-insurance by a qualifying institution of higher(4) designate at least one responsible party who meets the
requirements of 74.24 and 74.25.
74.24. Responsible Party Eligibility Requirements.
(a) A responsible party designated under this chapter must:
(1) have a minimum of three years of experience;
(2) the experience noted in paragraph (1) shall consist of
constructing, installing, repairing, maintaining, or testing of equipment
as verified in a manner prescribed by the department; and
(3) comply with the continuing education requirements as
required in 74.25 [to renew a contractor registration .
(b) A responsible party may be added to the contractor regis-
tration at any time by providing written notice to the department. The
written notice must include evidence that the responsible party meets
the requirements of this chapter.
(c) A responsible party may be removed from the contractor
registration at any time by providing written notice to the department.
In the event that the responsible party is no longer available due to
a change in employment, death or disability, or any other reason, the
contractor shall within 30 days re-designate a responsible party.
74.30. Exemptions.
This chapter does not apply to:
(1) buildings owned and operated by the federal govern-
ment;
(2) equipment regulated by a municipal inspection and cer-
tification program in accordance with Health and Safety Code 754.018
and [approved under] 74.65(b) in this chapter;
(3) equipment located in the following structures if access
is limited primarily to employees:PROPOSED RULES August 30, 2013 38 TexReg 5639
nd
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/53/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.