The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) The Act--Texas Health and Safety Code Annotated, Chapter 754, Elevators, Escalators, and Related Equipment.
2. (2) Altered Equipment--Any changed equipment, including its parts, components, and/or subsystems, other than maintenance, repair, or replacement.
3. (3) ASCE Code 21--The Automated People Mover Standards--Part 1, ASCE 21-96, Part 2, ASCE 21-98, and Part 3, ASCE 21-00.
4. (4) ASME--American Society of Mechanical Engineers, a nationally recognized professional engineering society.
5. (5) ASME A17.1--The ASME A17.1-2000 "Safety Code for Elevators and Escalators" and A17.1a-2002 and A17.1b-2003 Addenda.
6. (6) ASME A17.2-2001--The Guide for Inspection of Elevators, Escalators, and Moving Walks.
7. (7) ASME A17.3--The ASME A17.3-2002, "Safety Code for Existing Elevators and Escalators".
8. (8) ASME A18.1--The ASME 18.1-1999, "Safety Standards for Platforms Lifts and Stairway Chairlifts" and the A18.1-2001 addenda.
9. (9) Automated People Mover (APM)--a guided transit mode with fully automated operation, featuring vehicles that operate on guideways with exclusive right of way.
10. (10) Building Owner--The person or persons, company, corporation, authority, commission, board, governmental entity, institution, or any other entity that holds title to the subject building or facility. For purposes under these rules and the Act, an owner may designate an agent.
11. (11) Contractor--A person, partnership, company, corporation, or other entity engaging in the installation, repair, or maintenance of equipment. The term does not include an employee of a contractor.
12. (12) Delay--Postponement of compliance with a requirement of the applicable ASME Safety Codes, for a specific period of time.
13. (13) Existing Equipment--equipment installed or altered before September 1, 1993.
14. (14) Inspection report--A Department approved form used by the inspector to report the inspection results of one unit of equipment.
15. (15) New Equipment--equipment installed or altered on or after September 1, 1993.
16. (16) Publicly visible area of building--a location that is visible to the public in an elevator car or a common area lobby or hallway and accessible to the public at all times when any elevator is in operation, without the need for the viewer to obtain assistance or permission from building personnel.
17. (17) Unsafe elevator or escalator--A condition which exists due to a design, mechanical, structural, or electrical defect which presents a risk of serious bodily injury.
18. (18) Waiver--Permanent deferral of compliance with a requirement of the applicable ASME Safety Codes.

Source Note:The provisions of this §74.10 adopted to be effective January 7, 1994, 18 TexReg 9929; amended to be effective June 21, 1994, 19 TexReg 4417; amended to be effective October 1, 1995, 20 TexReg 7279; amended to be effective August 1, 1999, 24 TexReg 5867; amended to be effective February 6, 2003, 28 TexReg 929; amended to be effective December 1, 2003, 28 TexReg 10460.