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, 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. However, the term does include any repairs and replacements performed as part of any alteration(s).

3. (3) Code Providers

   1. (A) ASCE--American Society of Civil Engineers;
   2. (B) ASCE 21--Automated People Mover Standards; and
   3. (C) ASME--American Society of Mechanical Engineers.
4. (4) ASME A17.1--The ASME A17.1/CSA B 44-07 - "Safety Code for Elevators and Escalators" as adopted in §74.100.
5. (5) ASME A17.2--The currently published edition of "The Guide for Inspection of Elevators, Escalators, and Moving Walks".
6. (6) ASME A17.3--The ASME A17.3-2002, "Safety Code for Existing Elevators and Escalators."
7. (7) ASME A18.1--The ASME 18.1, "Safety Standards for Platforms Lifts and Stairway Chairlifts" as adopted in §74.100.
8. (8) Automated People Mover (APM)--a guided transit mode with fully automated operation, featuring vehicles that operate on guideways with exclusive right of way.
9. (9) 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.
10. (10) Contractor--A person, partnership, company, corporation, or other entity engaging in the installation, alteration, repair, or maintenance of equipment. The term does not include an employee of a contractor.
11. (11) Delay--Postponement of compliance with a requirement of the applicable ASME Safety Codes or ASCE Standard as adopted in §74.100, for a specific period of time.
12. (12) Existing Equipment--equipment installed or altered before September 1, 1993.
13. (13) Inspection report--A Department approved form used by the inspector to report the inspection results of one unit of equipment.
14. (14) Inspector--A person engaged in the inspection of equipment for the purpose of determining compliance with these rules and adopted standards.
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) Reportable Condition--a condition which exists where a defect requires the equipment to be removed from operation to prevent a risk of serious injury to passengers, operators, or the general public.
18. (18) Variance, New Technology--Deferral of compliance with a requirement of the applicable ASME/ASCE Safety Codes to allow the installation of new technology if the new component, system, sub-system, function or device is found to be equivalent or superior to the standards adopted in §74.100. A new technology variance, once granted, may be applied to all like equipment installed in the state and a separate variance is not required for each installation. A variance applies to only one component, system, sub-system, function, or device. For example, one seeking a variance for a door system, a control system, and a suspension system would be required to file three separate variance applications.
19. (19) Waiver--Deferral of compliance with a requirement of the applicable ASME Safety Codes for an indefinite period of time.

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; amended to be effective February 1, 2006, 31 TexReg 488; amended to be effective February 1, 2008, 33 TexReg 749.