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)