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) Acceptance Inspection--The initial inspection and tests of new or altered equipment per ASME A17.1-1994, Part X, performed at the completion of the initial installation or alteration and before the equipment is placed in service for public use.
3. (3) Accident--An event or incident involving equipment that results in serious bodily injury or death to a person and/or damage to the equipment; or, an event or incident involving a malfunction of equipment that may indicate that the equipment is dangerous.
4. (4) Annual Inspection--Routine inspection and tests plus additional detailed examination of the operation of equipment per ASME A17.1-1994, Part X, at yearly intervals, and witnessed by an inspector to check for compliance with applicable ASME Code requirements.
5. (5) ASME--American Society of Mechanical Engineers, a nationally recognized professional engineering society.
6. (6) ASME A17.1-1994--The ASME A17.1-1993 "Safety Code for Elevators and Escalators" and A17.1a-1994 Addenda.
7. (7) ASME A17.2-1994--The ASME A17.2.1-1993 and A17.2.1a-1994 Addenda, ASME A17.2.2-1994, and ASME A17.2.3-1994, Inspectors' Manuals.
8. (8) ASME A17.3-1994--The ASME A17.3-1993, "Safety Code for Existing Elevators and Escalators" and A17.3a-1994 Addenda.
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) Delay--Postponement of compliance with a requirement of the applicable ASME Safety Codes, for a specific period of time.
11. (11) Equipment--An elevator, escalator, moving walk, wheelchair or platform lift, stairway chairlift, or related equipment as defined in the Act.
12. (12) Industrial Facility--For purposes of this chapter, a facility used for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair, processing, or power generation operations, or similar functions, in which use of the equipment is limited to employees and other authorized personnel and their tools and equipment only, and which is not open to the public.
13. (13) Inspection report--A Department approved form used by the inspector to report the inspection results of all equipment in one building. The "inspection date" on this form is the date of completion of the last inspection in one building.
14. (14) Serious bodily injury--Impairment to bodily functions or serious dysfunction of any bodily organ or part, requiring medical attention.
15. (15) 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.
16. (16) 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.