Texas Department of Licensing and Regulation

Elevators, Escalators and Related Equipment Penalties and Sanctions

Elevators, Escalators and Related Equipment (ELE)

Texas Health & Safety Code, Chapter 754

16 Texas Administration Code, Chapter 74

Cases Against Building Owners

Class A (per unit of equipment):

1st Violation, Warning letter to $1,000

2nd Violation, $500 to 1,500

3rd Violation, $1,000 to $2,000

  • Failed to display certificate of compliance - 754.019(a)(4), 74.70(k)
  • Failed to display inspection report - 754.019(a)(5), 74.70(l)
  • Failed to notify Department that equipment was placed out of service - 74.50(c)
  • Failed to notify Department that equipment was converted to a material lift - 74.50(d)
  • Failed to notify Department that a material lift was altered and converted to an elevator - 74.50(e)

Class B (per unit of equipment):

1st Violation, $500 to $3,000 plus file required documents and pay applicable fees

2nd Violation, $1,500 to $4,000 plus file required documents and pay applicable fees

3rd Violation, $2,500 to $5,000 plus file required documents and pay applicable fees

  • Failed to file inspection report and pay filing fees within 60 days after the inspection - 754.019(a)(3), 74.50, 74.80(b)
  • Failed to submit verification that deficiencies have been corrected or are under contract to be corrected - 754.019(b)(1), 74.50
  • Failed to report an accident to the Department within 72 hours - 754.019(e), 74.70(d)
  • Failed to obtain an annual Certificate of Compliance - 74.70(j)

Class C (per unit of equipment):

1st Violation, $1,000 to $3,000 plus obtain inspection

2nd Violation, $2,000 to $4,000 plus obtain inspection

3rd Violation, $4,000 to $5,000 plus obtain inspection

  • Failed to correct existing deficiencies that have continued after expiration of a granted delay - 754.015 (c),  74.70(m)(4)
  • Failed to have equipment inspected annually - 754.019(a)(1), 74.70(b), 74.70(i)
  • Failed to obtain inspection report from inspector - 754.019(a)(2)
  • Failed to correct deficiencies noted in an inspection report - 754.019(b)(1)
  • Failed to ensure that all tests required by ASME A17.1 – 2000, Part 8, are performed by a qualified person, and in the presence of the inspector - 74.70(e)
  • Failed to notify the Department in writing of unsafe equipment within 48 hours - 74.70(f)
  • Failed to place unsafe equipment out of operation until repairs are completed - 74.70(f)
  • Failed to submit written verification to the Department after unsafe conditions have been corrected - 74.70(f)
  • Failed to have new equipment inspected and tested before being placed into service - 74.70(g)
  • Failed to have altered equipment inspected and tested before being placed back in service - 74.70(h)

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