Texas Elevator Safety Laws

Chapter 754 of the Texas Health and Safety Code deals with the inspection and certification of elevators. The statute provides for the appointment of a nine-member "elevator advisory board" and a commissioner who are responsible for "the adoption of appropriate standards for the installation, alteration, and operation of elevators." See TEX. HEALTH & SAFETY CODE ANN. 754.012, 754.013 (Vernon Supp. 2000). The statute further provides for the certification of elevator inspectors. See id. 754.017. Other than the duties imposed on the commissioner and board members, the only other duties under the statute are imposed on real property owners to have the elevators on their property inspected and certified. See id 754.019. If real property owners do not comply with the standards adopted by the board, the commissioner can give notice of noncompliance and take further judicial action as necessary to force compliance. See id. 754.022-754.024. Sections 5101-5114 of the Dallas Uniform Building Code applies to the "design, construction, installation, operation, alteration and repair of elevators" and requires that all new elevators and any installation or major alteration of an elevator conform to the ASME Code. See DALLAS, TEX., UNIFORM BUILDING CODE 5101-14 (1993). The ordinance further requires the issuance of a building permit before any new elevator installation and requires certificates of inspection. See id. 5110. The ordinance imposes a duty on an elevator owner for an elevator's "safe operation and maintenance" of any elevator. See id. 5112-5113.