Elevator Inspectors Penalties and Sanctions
Elevator Inspectors (ELE)
Texas Health & Safety Code, Chapter 754
16 Texas Administration Code, Chapter 74
Class A:
1st Violation, warning letter to $1,000
2nd Violation, $500 to 1,500
3rd Violation, $1,000 to $2,000 and/or 6-month probated suspension to 1-year full suspension
- Failed to submit inspection report to building owner within 10 days of inspection - 754.016(b), 74.55(c)
- Failed to sign and date the inspection report - 754.016(b), 74.75(a)(4)
- Failed to notify Department within 30 days of changes to registrant information - 74.20(e)
- Failed to report to the building owner or his agent before beginning an inspection - 74.75(a)(3)
- Failed to have the qualified person performing the safety tests sign and date the inspection report - 74.75(a)(4)
- Failed to properly complete inspection report form - 74.75(b)
- Failed to properly complete and attach test tags - 74.75(c)(1)
- Failed to properly affix decals - 74.75(c)(2)
- Failed to properly reference decal number and Department building identification number on inspection reports and correspondence - 74.75(c)(2)(C)
Class B:
1st Violation, Reprimand to $3,000 and/or up to 6-month probated suspension
2nd Violation, $1,500 to $4,000 plus 1-year probated suspension to 1-year full suspension
3rd Violation, $2,500 to $5,000 plus 1-year full suspension to revocation
- Failure to register with the Department as an inspector - 754.017 and 74.20
- Failure to notify the Department of unsafe equipment - 74.55(b)
- Failure to use the required manual to conduct inspections - 74.75(a)(2)
Class C:
1st Violation, $1,000 to $3,000 and/or 1-year probated suspension up to revocation
2nd Violation, $2,000 to $4,000 plus 1-year probated suspension to revocation
3rd Violation, $4,000 to $5,000 plus revocation
- Falsifying an inspection report - 754.023(c)(2)
- Performed an inspection in a negligent or incompetent manner - 74.60(a), 74.60(e)(5)
- Engaged in acts or practices that constitute threats, coercion, or extortion - 74.60(b)
- Engaged in activity that constitutes dishonesty, misrepresentation, or fraud - 74.60(b), 74.60(e)(4)
- Failed to accurately and truthfully represent to a prospective client the inspector’s capabilities and qualifications, including the extent of prior education or experience - 74.60(b), 74.60(e)(9)
- Failed to maintain primary interest of ensuring compliance with the Act, the Rules and the ASME or ASCE Code - 74.60(c)
- Failed to avoid conflict of interest or the appearance of a conflict of interest - 74.60(d)
- Performed an inspection in a building or facility where the inspector is an owner, part owner, or an employee of an owner - 74.60(d), 74.60(e)(6)
- Performed an inspection in a building or facility where the inspector, for compensation, participated in obtaining an equipment contract for the building - 74.60(d), 74.60(e)(7)
- Participated in a plan, scheme, or arrangement attempting or having at its purpose the evasion of any provision of the Act, or the standards adopted by the Commission - 74.60(e)(1)
- Knowingly furnished inaccurate, deceitful, or misleading information to the Department, a building owner, or other person involved in the inspection - 74.60(e)(2)
- Stated or implied to the building owner that the Department will grant a delay or waiver - 74.60(e)(3)
- Engage in false, misleading, or deceptive advertising - 74.60(e)(8)
- Held self out as being engaged in a partnership or association when said partnership or association does not in fact exist - 74.60(e)(10)
- Failed to inspect all equipment - 74.75(a)(1)
- Failed to witness tests for compliance with standards - 74.75(a)(2)
- Performing safety tests, rather than having them performed by a qualified person - 74.75(a)(5)
Class D:
1st Violation, Revocation
2nd Violation, Revocation
3rd Violation, Revocation
- Obtain registration by fraud or false representation - 754.023(c)(1) and 60.63(b)
- Violated a previous order of Commission or Executive Director - 51.353(a) and 74.90
- Failed to pay the Department for a dishonored check - 60.82