The Texas Elevator Certificate of Compliance, Explained

What is a certificate of compliance for a Texas elevator?

A certificate of compliance is the state-issued document showing that a building's regulated vertical-transportation equipment went through the annual safety inspection required by Texas Health and Safety Code Chapter 754 and that the owner filed the inspection report and fees with the state. Chapter 754 covers elevators, escalators, chairlifts, platform lifts, automated people movers operated by cables, and moving sidewalks, plus related equipment such as hoistways, pits, and machine rooms. Inspection reports and certificates must cover all such equipment in a building — including appurtenant structures such as a parking facility — owned by the same person or persons. The certificate is distinct from the inspection report, which is the inspector's own document.

Certificate of compliance

The document TDLR's executive director issues to a building owner after a compliant annual inspection filing. Owners must display it in a publicly visible area of the building.

Inspection report

The document a registered elevator inspector issues to the owner after inspecting the equipment. Filing it with TDLR, with fees, is what leads to the certificate.

Registered elevator inspector

A person registered with TDLR to inspect equipment and witness the tests specified in the adopted ASME and ASCE standards.

Equipment

The statute's term for an elevator, escalator, chairlift, platform lift, automated people mover operated by cables, or moving sidewalk, or related equipment.

Source: Tex. Health & Safety Code §§754.011, 754.016(a)

Who issues the certificate of compliance?

The executive director of the Texas Department of Licensing and Regulation issues the certificate of compliance to the building owner — not the inspector, and not the elevator contractor. The registered elevator inspector's document is the inspection report, which must be issued to the owner no later than the fifth calendar day after the date of inspection. TDLR prescribes the format and required contents of both documents, and the Texas Commission of Licensing and Regulation sets the rules for how certificates are issued and displayed.

Source: Tex. Health & Safety Code §§754.015(a)(5), 754.016(b)–(e)

How does a building owner get a certificate of compliance?

The owner gets a certificate by having the equipment inspected annually by a TDLR-registered elevator inspector, then filing the inspection report and all applicable fees with TDLR no later than the 30th calendar day after the inspection. The filing must also show that any deficiencies cited in the report have been remedied or are under a bona fide contract to be remedied, or must include an application for a delay or waiver. The statute counts a filing as made on the earliest of personal delivery, the U.S. mail postmark date, or the date of deposit with a commercial courier.

1. Schedule the annual inspection with a registered elevator inspector — the owner or the owner's agent selects the inspector.
2. Receive the inspection report; the inspector must issue it within five calendar days of the inspection.
3. Correct any cited violations, or put them under contract to be corrected, within 30 days of the inspection date — or apply to TDLR for a delay or waiver.
4. File the completed, signed report and all required fees with TDLR by the 30th calendar day after the inspection.
5. Receive the certificate of compliance from TDLR and post it in a publicly visible area of the building.

Inspection report filing fee

$20 per unit of equipmentPer TDLR's published elevator fee schedule; current as of this page's review date.

Waiver or delay application

$50 per violation, per unitPer TDLR's published elevator fee schedule.

Certificate fee exemption

Institutions of higher educationNo fee may be charged for a certificate of compliance for an institution of higher education as defined by Education Code §61.003 — §754.019(d).

Source: Tex. Health & Safety Code §754.019(a)–(d)

Where must the certificate of compliance be displayed?

The certificate of compliance must be displayed in a publicly visible area of the building, as defined by rule of the Texas Commission of Licensing and Regulation. The display duty sits on the owner under §754.019(a)(4), and §754.016(d) directs the commission to require the posting by rule and to define what counts as a publicly visible area. If a certificate is lost or needs revision, TDLR issues a revised or duplicate certificate for a $25 fee on a written request that includes the building's ELBI number and decal numbers.

Source: Tex. Health & Safety Code §§754.016(d), 754.019(a)(4)

How often does the certificate of compliance renew?

The certificate is good for one year, per TDLR, and the owner must apply for a new one annually by repeating the inspection-and-filing cycle. The statute requires an annual inspection — defined as an inspection performed in a 12-month period in accordance with the applicable ASME or ASCE code — and directs the commission to provide by rule for annual inspection and certification of covered equipment. The commission may not require routine inspections more often than every 12 months, but reinspection or recertification can be required in three situations.

• The equipment has been altered.
• The equipment poses a significant threat to passenger or worker safety.
• An annual inspection report shows an existing violation has continued longer than a delay granted by the executive director permits.

Certificate term

1 yearPer TDLR's elevator program FAQ; the certificate must be applied for annually.

Inspection cadence

Every 12 monthsAnnual inspection per §754.019(a)(1); commission rules may not require routine inspections more often — §754.015(b)(1).

Report filing deadline

30 calendar days after inspection§754.019(a)(3).

Source: Tex. Health & Safety Code §§754.011(4), 754.015(a)–(c), 754.019(a)

What happens if a building operates without a current certificate?

Falling out of the certificate cycle exposes the owner to late-filing fees, TDLR enforcement, and — at the far end — an order to shut the equipment down. TDLR's published late filing fee is $10 for every 30-day period a report is filed after the required 60th-day submission, per unit of equipment. If an annual inspection has not been performed in more than two years, an emergency order may direct the owner to disconnect power to the equipment or lock it out. Power may be restored only after a registered elevator inspector, a registered contractor, or a department representative verifies in writing to TDLR that the danger has been removed.

Source: Tex. Health & Safety Code §§754.0234, 754.0235

Source: TDLR — Elevator Safety and Licensing FAQ (fees and owner responsibilities)