16 Tex. Admin. Code § 74.10 - Definitions
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.
Notes
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