TX
Texas House Bill HB4086

Texas 2021 - 87th Regular

Texas House Bill HB4086 Compare Versions

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1-87R22520 MCF-F
21 By: Turner of Tarrant H.B. No. 4086
3- Substitute the following for H.B. No. 4086:
4- By: Thompson of Harris C.S.H.B. No. 4086
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
96 relating to standards for and regulation of elevators, escalators,
107 and similar equipment in single-family dwellings.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Section 754.0141, Health and Safety Code, is
13- amended by amending Subsections (b), (e), and (f) and adding
14- Subsection (g) to read as follows:
9+ SECTION 1. Section 754.013, Health and Safety Code, is
10+ amended to read as follows:
11+ Sec. 754.013. BOARD DUTIES. To protect public safety and to
12+ identify and correct potential hazards, the board shall advise the
13+ commission on:
14+ (1) the adoption of appropriate standards for the
15+ installation, maintenance, alteration, operation, testing, and
16+ inspection of equipment;
17+ (2) the status of equipment used by the public in this
18+ state;
19+ (3) sources of information relating to equipment
20+ safety;
21+ (4) public awareness programs related to equipment
22+ [elevator] safety, including programs for sellers and buyers of
23+ single-family dwellings with equipment [elevators, chairlifts, or
24+ platform lifts]; and
25+ (5) any other matter considered relevant by the
26+ commission.
27+ SECTION 2. Section 754.0141, Health and Safety Code, is
28+ amended to read as follows:
29+ Sec. 754.0141. STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY
30+ DWELLINGS; REQUIRED INFORMATION. (a) Equipment [Elevators,
31+ chairlifts, or platform lifts] installed in a single-family
32+ dwelling on or after January 1, 2004, must comply with the ASME Code
33+ A17.1 or A18.1, as applicable. Equipment installed or altered in a
34+ single-family dwelling[, and] must be inspected by a registered
35+ elevator inspector after the installation or alteration is
36+ complete. The inspector shall provide the dwelling owner a copy of
37+ the inspection report.
1538 (b) The commission shall adopt rules containing minimum
1639 safety standards for:
1740 (1) [that must be used by] registered elevator
18- inspectors to use when inspecting elevators, chairlifts, and
19- platform lifts installed in single-family dwellings; and
20- (2) registered contractors to use when installing
21- elevators, chairlifts, and platform lifts [installed] in
41+ inspectors to use when inspecting equipment installed in
42+ single-family dwellings; and
43+ (2) registered contractors to use when installing,
44+ altering, testing, or removing from service any unit of equipment
45+ [elevators, chairlifts, and platform lifts] installed in
2246 single-family dwellings.
23- (e) On completing installation of equipment in a
24- single-family dwelling, a registered contractor shall provide the
25- dwelling owner with relevant information, in writing, about use,
26- safety, and maintenance of the equipment, including the
27- advisability of having the equipment periodically and timely
28- inspected by a registered elevator inspector.
47+ (b-1) The rules adopted under Subsection (b) must require a
48+ registered contractor to submit to the department for the
49+ department's review plans for installing or altering any equipment
50+ in a single-family dwelling.
51+ (c) A municipality may withhold a certificate of occupancy
52+ for a dwelling or for the installation or alteration of equipment
53+ [the elevator or chairlift] until the owner provides a copy of the
54+ inspection report to the municipality.
55+ (d) A registered elevator inspector or registered
56+ contractor who removes from service [is not required to report to
57+ the department any information concerning] equipment in a
58+ single-family dwelling shall provide documentation of the removal
59+ to the dwelling owner and the department [or the contractor's work
60+ on the equipment].
61+ (e) On completing installation or alteration of equipment
62+ in a single-family dwelling, a registered contractor shall provide
63+ the dwelling owner with relevant information, in writing, about
64+ use, safety, and maintenance of the equipment, including the
65+ advisability of having the equipment annually [periodically and
66+ timely] inspected by a registered elevator inspector.
2967 (f) An inspection by a registered elevator inspector of
3068 equipment in a single-family dwelling may be performed only at the
3169 request and with the consent of the owner. The owner of a
3270 single-family dwelling is not subject to Section 754.019, 754.0231,
3371 754.0232, 754.0233, 754.0234, or 754.0235.
3472 (g) A registered contractor who installs or alters an
3573 elevator in a single-family dwelling shall:
3674 (1) ensure the space between the hoistway face of the
3775 landing door or gate and the hoistway face of the car door or gate
3876 does not exceed four inches; and
3977 (2) as necessary install a space guard or equivalent
4078 product that ensures the space requirement of Subdivision (1) is
4179 satisfied.
42- SECTION 2. This Act takes effect September 1, 2021.
80+ SECTION 3. Section 754.015(a), Health and Safety Code, is
81+ amended to read as follows:
82+ (a) The commission by rule shall provide for:
83+ (1) an annual inspection and certification of the
84+ equipment covered by standards adopted under this chapter;
85+ (2) enforcement of those standards;
86+ (3) registration, including certification, of
87+ elevator inspectors;
88+ (4) registration of contractors;
89+ (5) the procedures by which a certificate of
90+ compliance is issued and displayed;
91+ (6) notification to building owners, architects, and
92+ other building industry professionals regarding the necessity of
93+ annually inspecting equipment;
94+ (7) approval of continuing education programs for
95+ registered elevator inspectors;
96+ (8) standards of conduct for individuals who are
97+ registered under this chapter;
98+ (9) general liability insurance written by an insurer
99+ authorized to engage in the business of insurance in this state or
100+ an eligible surplus lines insurer, as defined by Section 981.002,
101+ Insurance Code, as a condition of contractor registration with
102+ coverage of not less than:
103+ (A) $1 million for each single occurrence of
104+ bodily injury or death; and
105+ (B) $500,000 for each single occurrence of
106+ property damage;
107+ (10) the submission and review of plans for the
108+ installation or alteration of equipment, including equipment in a
109+ single-family dwelling;
110+ (11) continuing education requirements for renewal of
111+ contractor registration;
112+ (12) maintenance control programs, maintenance,
113+ repair, and parts manuals, and product-specific inspection,
114+ testing, and maintenance procedures;
115+ (13) the method and manner of reporting accidents and
116+ reportable conditions to the department; and
117+ (14) an owner's designation of an agent for purposes of
118+ this chapter.
119+ SECTION 4. Section 754.026, Health and Safety Code, is
120+ amended to read as follows:
121+ Sec. 754.026. DISCLOSURE OF E-MAIL ADDRESS. (a) Except as
122+ provided by Subsection (b) and notwithstanding [Notwithstanding]
123+ any other law, an e-mail address provided to the department
124+ relating to an inspection or review of plans under this chapter is
125+ not confidential and is subject to disclosure under Chapter 552,
126+ Government Code.
127+ (b) Subsection (a) does not apply to an e-mail address
128+ provided to the department relating to an inspection or review of
129+ plans for single-family dwellings.
130+ SECTION 5. Effective January 1, 2022, Section 754.0111(b),
131+ Health and Safety Code, is repealed.
132+ SECTION 6. Except as otherwise provided by this Act, this
133+ Act takes effect September 1, 2021.