Elevator Safety and Licensing Frequently Asked Questions

 

late equals unsafe logo; late inspections mean the elevator may be unsafeFees
Elevator Contractor Registration
Elevator Contractor Insurance
Elevator Contractor Responsible Party
Elevator / Escalator Plan Reviews
Elevator Inspector Registration
Elevator and Related Equipment
Continuing Education

Fees

Contractor Registration fees

  • Original Application - $115
  • Renewal Application - $115
  • Revised/Duplicate Registration card - $25

Inspector Registration fees

  • Original Application - $50
  • Renewal Application - $50
  • Revised/Duplicate Registration card - $25

Certificates of Compliance Filing fees (per unit of equipment)

  • Certificate of Compliance submitted with inspection report - $20
  • Certificate of Compliance Late Filing fee - $10 for every 30 day period filed after the required 90th day submission
  • Revised/Duplicate Certificate of Compliance - $25
  • Waiver/Delay Application - $50 for each violation per unit of equipment requested to waived or delayed

Elevator/Escalator Plan Review (installation or alteration)

  • $200 per unit, maximum fee of $5000 for Standard Review
  • $1000 per unit, no maximum fee for Expedited Review
  • $100 per unit, maximum fee of $2500 for Amending previously approved plans

Variance or Appeal fees for New Technology

  • Variance New Technology Application - $2,500
  • Appeal New Technology Application Denial - $200

NOTE: All fees submitted are non-refundable

Elevator Contractor Registration

When is an Elevator Contractor Registration required?

As of January 1, 2004, any person that performs installation, repair, alteration, or maintenance of an elevator or related equipment is required to be registered with the Department.

How do I register as an Elevator Contractor?

You must submit an application, the required fee, proof of general liability insurance, and designate at least one but not more than two responsible parties.

When did the Insurance and Responsible Party requirements become effective?

The requirements for elevator contractors to provide general liability insurance and designate at least one responsible party became effective September 1, 2012.

When do I need to renew my Elevator Contractor Registration?

You must renew your registration within 12 months of the date that it was issued. You should receive a renewal reminder from TDLR approximately 60 days before your registration expires. However, it is ultimately your responsibility to renew your registration before it expires.

My Elevator Contractor registration has expired. How do I get it back?

If your registration has been expired for more than 18 months but less than three years, you may submit a “Request to Executive Director for Expired License Renewal” form with the required renewal fee.

If your registration has been expired for more than three years you may not renew your registration. You must apply for a new registration.

You may be subject to enforcement actions, including administrative penalties and sanctions, for operating with an expired registration (expired less than 18 months) or operating without a registration (expired 18 months or more).

If your renewal application is postmarked before your expiration date, it is considered a timely renewal.

If I was on active duty in the National Guard, do I have any additional time to complete requirements related to the renewal of my registration?

Yes. If you were a member of the state military forces or a reserve component of the armed forces of the United States, such as the National Guard, and you were ordered to active duty on or after September 1, 2004, you have additional time equal to the total number of years or parts of years that you served on active duty. When you apply to renew your registration you must provide documentation of the date your active duty began and the date it ended.

If you did not renew this registration in a timely manner, you are exempt from paying a late renewal fee if you furnish the Department with military documentation indicating you were on active duty during the time that your registration expired. This documentation would show the date your active duty began and the date it ended.

When are Elevator Contractor’s quarterly reports due?

After making an initial registration and report, elevator contractors must submit a quarterly report containing the following:

  1. The street address of each building or location at which you performed installation, repair, alteration, or maintenance of equipment not reported in your initial report or previous quarterly report and;
  2. The name and mailing address of the building owner and;
  3. The jobs not previously reported.

Quarterly reports are due each year in accordance with the following schedule:

  • Q1 (January 1 - March 31) due April 30
  • Q2 (April 1 - June 30) due July 31
  • Q3 (July 1 - September 30) due October 31
  • Q4 (October 1 - December 31) due January 31

Elevator Contractor Insurance

When did the Insurance requirements become effective?

The requirements for elevator contractors to provide general liability insurance became effective September 1, 2012.

What are the General Liability Insurance requirements for an Elevator Contractor?

An elevator contractor must maintain general liability insurance at all times during a license period. The required general liability insurance must be:

1. at least $1,000,000 for each single occurrence of bodily injury or death and;

2. at least $500,000 for each single occurrence of property damage.

How do I provide proof of General Liability Insurance?

The insurance must be obtained from an insurance provider authorized or eligible to write general liability insurance in Texas pursuant to the Texas Insurance Code. Proof of the required general liability insurance may be submitted on an industry standard certificate of insurance ACORD form or on a certificate of insurance form approved by the Texas Department of Insurance. The certificate of insurance must contain a provision or an endorsement that gives the Department 30 days prior written notice of cancellation.

Elevator Contractor Responsible Party

When did the Responsible Party requirements become effective?

The requirements for elevator contractors to designate at least one responsible party became effective September 1, 2012.

What is an Elevator Contractor Responsible Party?

A responsible party is the person or persons meeting the experience requirements of the Act, and designated by the registered contractor to attend continuing education in order to be in compliance for renewal of a contractor registration.

What are the experience requirements to be eligible as a designated Responsible Party for an Elevator Contractor?

To be eligible as a designated responsible party you must have a minimum of three years of elevator contractor experience related to elevator installation, repair and maintenance.

How does an Elevator Contractor designate his Responsible Party?

You must submit an Elevator Contractor Responsible Party application to the Department. The responsible party that you designate must meet the experience requirements.

What are the responsibilities of a Responsible Party for an Elevator Contractor?

You are required to be designated as a responsible party under the Elevator Contractor Registration. You are required to complete 8 hours of continuing education in courses approved by the Department. The continuing education hours must have been completed within the term of the contractor license.

May an Elevator Contractor change or remove a Responsible Party?

Yes. An elevator contractor may add or remove a responsible party from the Elevator Contractor Registration at any time. To remove a responsible party you must provide  written notice to the Department. To add a responsible party you must submit an Elevator Contractor Responsible Party Application, and the responsible party must meet all requirements.

When the Elevator Contractor Responsible Party is no longer available, how long do I have to designate a new Responsible Party?

In the event that the responsible party is no longer available due to a change in employment, death, disability, or any other reason, the elevator contractor must designate a new responsible party within 30 days.

I have a contractor registration renewal due December 1, 2012. Is my responsible party required to complete continuing education before I can renew?

No. The continuing education requirement takes effect for all new and renewing contractor registrations on or after January 1, 2013.

When does my responsible party have to complete their continuing education?

Continuing education courses must be completed within the term of the current elevator contractor registration being renewed. For example, if a license expires on August 1, 2013, the continuing education courses taken to renew that license must have been taken between August 1, 2012 and August 1, 2013.

Do I have to wait until my renewal comes up to designate my responsible party?

No, you can designate your responsible party or parties at any time. See the Responsible Party Designee form on our web site.

How can I get more information about continuing education providers or other topics?

Sign up for TDLR’s Notification Email list to stay up-to-date on all the latest developments.

Elevator / Escalator Plan Reviews

When did requirements for Elevator/Escalator Plan Review become effective?

The requirements for elevator/escalator plan review became effective September 1, 2012.

What are the requirements for Plan Reviews prior to beginning the installation or alteration of regulated elevator equipment?

Prior to beginning the installation or alteration of regulated equipment at any individual location, the registered elevator contractor must submit and have approved an application and detailed plans describing the installation or alteration.

How does a registered Elevator Contractor obtain a plan review and approval for the new installation or alteration of equipment?

The registered elevator contractor must submit an Application for Elevator/Escalator Plan Review, the required fee, a written description of the scope of work, and two copies of the layout drawings providing all required information.

Do I need to have an approved plan review before we drill a jack hole, run an underground oil line, or set foundation bolts? The reason that I ask is that we typically do these three activities from cut sheets before we have final drawings or contracts. Obviously drilling the jack hole is the most frequent operation before an approved and final layout is in place.

No, you do not have to have an approved plan review before undertaking this work, but there may not be any elevator equipment installed in the jack hole, connected to either end of the underground pipe run or any machine set onto those foundation bolts BEFORE you have an approved plan review. The underground oil line may be run prior to obtaining a plan review but if that is the case, as part of the plan review application and submittal documents, the pipe run location shall be indicated and described [(see A17.1-3.28.1(i) and (l)] on the drawings and either a. or b. shall be included with the plan review application and documents:

  1. A written statement from a registered elevator inspector that the underground pipe run was inspected prior to being covered and found to be in compliance with ASME A17.1-3.19.5; or
  2. A notarized affidavit from the elevator contractor, signed by an employee of the contractor, attesting to the fact that the underground pipe run was installed in compliance with ASME A17.1-3.19.5

How many locations may I apply to have reviewed on one application?

Each location must have an application. If you have sold a project that has multiple buildings each individual building must have its own application.

Is there an option to expedite a Plan Review?

Yes. An elevator contractor may request an expedited review of plans by submitting the request along with the required expedited fee.

What are the responsibilities of the elevator contractor once an approval of a plan review has been received?

The elevator contractor is required to have on the site a copy of the approved application, including the layout drawings, and make them available to the elevator inspector who is conducting the inspection for the installation or alteration. The elevator inspector will not be permitted to proceed with the inspection without the copy of the approved application and layout drawings.

Are there any alterations that will not require a plan review?

Yes, the following three items will not require a plan review:

  1. Installation/changes to a car telephone
  2. Installation/changes to car lighting that doesn't include a new car suspended ceiling.
  3. The conversion of an elevator to a material lift.

Do the plan review requirements apply to the installation and alteration of (wheelchair lifts and stairway chair lifts) equipment covered by ASME A18.1?

Yes.

Are there any specific locations that will not require plan reviews?

Yes. No plan review is required by TDLR in any exempted location. Examples are any equipment in a private residence, federal facility, industrial facility and within the jurisdiction of the City of Houston. Additionally no plan review will be required for dumbwaiters installed in the jurisdiction of the department.

Elevator Inspector Registration

How do I register with the Department as a QEI Elevator Inspector?

You must submit an application, the required fee, a copy of both sides of your current Qualified Elevator Inspector Certification card, and proof of having completed an orientation conducted by the Department regarding Department forms and inspection procedures.

When do I renew my Elevator Inspector registration?

You must renew your registration within 12 months of the date that it was issued. You should receive a renewal reminder from TDLR approximately 60 days before your registration expires. However, it is ultimately your responsibility to renew your registration before it expires.

How do I renew my Elevator Inspector registration?

You must submit your registration renewal application, the required renewal fee, a copy of both sides of your current QEI Certification card, and proof of attendance at a TDLR-approved seminar, when required by the Executive Director.

Where can I obtain a Qualified Elevator Inspector Certification?

Three organizations provide QEI certification:

Elevator Industry Work Preservation Fund
7154 Columbia Gateway Drive
Columbia, Maryland 21046
QEI-1003 Issued 03/05/08, Expires 02/09/11
Certification of Elevator Inspectors and Inspection Supervisors,
Controlled from the above location
Phone: (410) 312-1474
Fax: (410) 312-1473
EIWPFGWK@aol.com

QEI Services, Inc.
127 Union Avenue, Suite 2
Middlesex, New Jersey 08846
QEI-1004 Issued 01/13/2009, Expires 01/13/2012
Certification of Elevator Inspectors and Inspection Supervisors,
Controlled from the above location
Phone: (888) 651-9209
Fax: (732) 302-0399
info@qeiservices.com

National Association of Elevator Safety Authorities International
NAESA International
6957 Littlerock SW, Suite A
Tumwater, Washington 98512
QEI-1001 Issued 08/08/08, Expires 08/27/11
Certification of Elevator Inspectors and Inspection Supervisors,
Controlled from the above location
Phone: (360) 292-4968
Fax: (360) 292-4973
dotty@naesai.org

Do Elevator Inspectors work for the Texas Department of Licensing and Regulation?

No. An elevator inspector is required to register with the Department, but they are not employees of the Department.

My Elevator Inspector registration has expired. How do I get it back?

If your registration has been expired for more than 18 months but less than three years, you may submit a “Request to Executive Director for Expired License Renewal” form with the required renewal fee.

If your registration has been expired for more than three years you may not renew your registration. You must apply for a new registration.

You may be subject to enforcement actions, including administrative penalties and sanctions, for operating with an expired license (expired less than 18 months) or operating without a license (expired 18 months or more).

If your renewal application is postmarked before your expiration date, it is considered a timely renewal.

If I was on active duty in the National Guard, do I have any additional time to complete requirements related to the renewal of my registration?

Yes. If you were a member of the state military forces or a reserve component of the armed forces of the United States, such as the National Guard, and you were ordered to active duty on or after September 1, 2004, you have additional time equal to the total number of years or parts of years that you served on active duty. When you apply to renew your registration you must provide documentation of the date your active duty began and the date it ended.

If you did not renew this registration in a timely manner, you are exempt from paying a late renewal fee if you furnish the Department with military documentation indicating you were on active duty during the time that your license expired. This documentation would show the date your active duty began and the date it ended.

What are the Elevator Inspector requirements regarding new installations or alterations of equipment?

The Elevator Inspector is required to verify that approved applications and plans are on the site before proceeding with any inspection. The Inspector is also required to verify that the installation or alterations comply with the approved applications and plans or the equipment cannot be placed in service.

Elevator and Related Equipment

How often are elevators and related equipment required to be inspected?

The owner of the elevator or related equipment must obtain an inspection every 12 months and submit the inspection report along with all required documents and applicable fees to the Department in order to obtain a Certificate of Compliance.

How do I contact an Elevator Inspector?

To find an elevator inspector that is registered with the Department, you may search the Licensing Database through the Department’s website http://www.license.state.tx.us/LicenseSearch/  or contact Customer Service at 800-803-9202 or 512-463-6599.

Who is responsible for obtaining a Certificate of Compliance for an elevator or related equipment?

The owner of the building is responsible for obtaining a Certificate of Compliance for each unit of equipment in the building. This certificate is good for one year and must be applied for annually.

How do I obtain a Certificate of Compliance?

For each piece of equipment, the building owner must submit the following within 60 days of the inspection:

  1. a copy of the inspection report which has been completely filled out and signed which certifies that all violations cited by the inspector if any have been corrected or are under contract to be corrected; and
  2. the applicable fees

Note: If necessary and you are submitting an application for delay or waiver you must also submit an additional $50 fee for each violation requested to be delayed or waived.

How do I apply for a delay or waiver?

Submit a completed application for delay or waiver and submit a fee of $50 for each violation requested to be delayed or waived. For each waiver request, include a picture, drawing, or any other information to support your request to waive the code standard.

How do I obtain a duplicate copy of a Certificate of Compliance?

Submit a written request including your ELBI number  and Decal numbers with a fee of $25 for each certificate to the Texas Department of Licensing & Regulation at PO BOX 12157 Austin TX 78711.

How can I get a copy of my inspection report?

Contact the elevator inspector that performed the inspection on your elevator or related equipment.

Will a reminder or notice of inspection due be sent prior to the inspection due date?

Yes. The Department sends a reminder of inspection due to the owner of the building as a courtesy, but it is the owner’s responsibility to obtain an inspection every 12 months and to file the required paperwork on time to obtain a Certificate of Compliance, whether or not a reminder is received.

How do I respond to violations received on my inspection report?

The building owner is responsible for correcting the cited violations within 60 calendar days of the date of inspection, or have them under contract to be corrected and work completed no later than the next inspection due date, or apply for a waiver/delay.

Is inspection history information available to the public for elevators or related equipment?

Yes. You may search the elevator and related equipment database through the Departments website:   https://www.license.state.tx.us/ElevatorSearch/  or you may contact the Department at 800-803-9202 or 512-463-6599.

How do I obtain information and updates related to the regulation of elevators or related equipment?

You can subscribe to the TDLR E-Mail Notification List on our website: http://www.license.state.tx.us/newsletters/TDLRnotificationLists.asp  to receive an automated notification of new and changing information about elevators and related equipment.

What is the process for filing a complaint against an elevator inspector or elevator contractor?

Any citizen may file a complaint against any owner, elevator inspector, or elevator contractor by filing an online complaint at the Department’s website: https://www.license.state.tx.us/Complaints/  or by sending the department a completed Complaint Form found on the department’s website: http://www.license.state.tx.us/misc/007all.pdf

Can a QEI elevator inspector witness code inspections when an immediate family member such as a son, daughter, brother, sister, father, mother, or grandparent is the mechanic responsible for the inspected equipment, OR that person is employed by a company that has responsibility for the equipment?

No. Rule 74.60 (d), 16 Texas Administrative Code §74.60, provides that a QEI is obligated to avoid conflicts of interest, or the appearance of conflicts of interest. A conflict exists when an inspector performs inspections in a building in which he has any financial interest or if the inspector’s judgment would be affected by family, business, property, or other interests. For purposes of the rule, witnessing an inspection is performing an inspection. When a direct family member is the mechanic responsible for equipment to be inspected there may be a direct conflict, and there certainly is the appearance of a conflict and a QEI should not witness inspections on such equipment. When a direct family member works for the company that is responsible for the equipment there may be a direct conflict and there may be the appearance of a conflict. The higher the degree of responsibility the family member has with the responsible company, or the closer to direct responsibility for the equipment the family member is, the greater the likelihood that a conflict, or the appearance of a conflict, exists. If there is any possibility that a QEI would find his judgment affected by those situations, or if it were likely that a disinterested observer would have reason to believe they would affect the QEI’s judgment, the QEI should not perform the inspection.

What is the chronology of the A17.1 codes adopted since the inception of the elevator program?

In order to establish a baseline of the applicable code requirements, below you will find the history of the lawfully adopted codes in the State of Texas:

ASME A17.1a-1994 for new equipment and alterations for which a contract was executed after 9-1-1993 and before 9-1-2003.

ASME A17.1-2000 for new equipment and alterations for which a contract was executed after 9-1-2003 and before 12-1-2003.

ASME A17.1b-2003 for new equipment and alterations for which a contract was executed after 12-1-2003 and before 9-1-2008.

ASME A17.1-2007 for new equipment and alterations for which a contract was executed after 9-1-2008 through today.

Who is responsible for the selection of which inspector performs the required annual inspection?

The building owner or the owner’s agent is responsible for selecting an inspector.

My elevator contractor has told me that they will select the inspector and that I as the owner must not choose the inspector. Is that correct?

No. The owner has the sole right to select the inspector who enters upon the property. An owner may delegate that power to the elevator contractor but may withdraw that power at any time. The owner has the sole power to determine who enters into their building, including which inspector and elevator contractor. Unauthorized entry onto property may be considered trespassing.

If the power to select the elevator inspector is delegated to an elevator contractor and the inspection is performed late, not at all or in a negligent manner, is the owner still responsible?

Yes. An owner may not lawfully delegate the responsibility for safely maintaining the building and equipment or for compliance with the applicable statute(s)to another party.

Continuing Education

CE FAQ’s are under consideration and will be posted at a later date.

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