ELEVATOR ADVISORY BOARD
Meeting of December 2, 2008
E. O. Thompson Building, 7th Floor Public Meeting Room
920 Colorado Street, Austin, Texas
Summary of Minutes
Presiding Officer, Bryan Morris called the meeting of the Elevator Advisory Board to
order at 1:03 p.m.
Presiding Officer, Bryan Morris called roll. Members present were Bryan Morris, Scott
Anderson, Nancy Crumley, Grayson Gill, John McGraw, Ron Menard, Ronnie Niemtschk, Mel
Roberson, and Greg Tamez. A quorum was present.
Presiding Officer, Bryan Morris moved to agenda item C., Approval of minutes –
Meeting of June 3, 2008. Board member, Nancy Crumley made a motion to accept the minutes
as presented. Board member, John McGraw seconded the motion. The motion passed with a
unanimous vote in favor.
Presiding Officer, Bryan Morris moved to agenda item D., Public Comment. The Board
heard public comment from Shelia Sweet regarding item H, professional conduct and code of
ethics to avoid having contractors inspecting family members’ work.
Presiding Officer, Bryan Morris moved to agenda item E.1., Staff Reports, Executive
Office. Executive office was absent due to a training course.
Presiding Officer, Bryan Morris moved to agenda item E.2., Staff Reports, General
Counsel. General Counsel’s office passed on its report and answered questions from the Board
regarding Legislative Appropriations for the reimbursement of travel expenses.
Presiding Officer, Bryan Morris moved to agenda item E.3., Staff Reports, Compliance
Division. Chief Elevator Inspector, Lawrence Taylor reported on the approval of new
technology variance rules which has allowed the department to issue five new technology
variances; the 2007 Code became effective on September 1, 2008; Elevator program staff is
moving to the north campus; and staff is preparing for an elevator license sweep to identify
unlicensed contractors and unregistered equipment. Mr. Taylor also reported on the elevator
statistics for fiscal year 2009: five elevator incidents and 14 escalator incidents; 27 waivers and
271 delays; new installations - 122 hydraulic elevators, 64 electric elevators and two wheel chair
lifts; and 73 complaints. Mr. Taylor answered questions from the Board regarding violations
and identifying the top violations, the number of inspectors, economic impact on elevator
projects, and the status of new technology variances to be included on future reports.
Presiding Officer, Bryan Morris moved to agenda item E.4., Staff Reports, Enforcement
Division. Kyle Smith, Prosecutor reported statistic highlights: two final orders issued by the
Commission; Elevator training of enforcement staff on August 27, 2008, by Lawrence Taylor;
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the Enforcement section added 14 new staff members which brings the Enforcement section to
full staff; and the board was directed to the statistics located on the second page of the report.
Mr. Smith answered questions from the Board regarding the enforcement staff assigned to
Presiding Officer, Bryan Morris moved to agenda item E.5., Staff Reports, Licensing
Division. Program Specialist, Chloe Whalon presented the licensing statistics for the elevator
program: elevator contracts five new, 12 renewals, total 122; elevator inspectors 0 new, six
renewals, total 128; elevator equipment 147 new, 4,992 renewals, total 22,699; FY 2009
equipment totals: 58 electric elevators, 1,443 escalators, 473 freight elevators, 364 hydraulic
elevators, 47 moving sidewalks, 20,838 passenger elevators, 631 related equipment (chair lifts),
and 8 unknown, for a total 23,562. Ms. Whalon answered questions from the Board.
Presiding Officer, Bryan Morris moved to agenda item F., Work Groups Reports. Bryan
Morris gave an overview of the purpose of the workgroups and asked for topics for the
workgroups consideration. The Code workgroup was created to address code issues,
Enforcement workgroup was established to address unlicensed activity, Licensing workgroup
was charged with determining who should be licensed for elevator cab remodeling, and the
Administrative Rules workgroup was established to review the rules and reword or tweak the
changes for the Board’s review. Presiding Officer, Bryan Morris asked the Board to identify
what charges should be put forth under each of the work groups and assign the new board
members to the work groups. Board members volunteered for the workgroups of interest. Board
member, Scott Anderson suggested that any existing board members would remain on their
previous boards. Presiding Officer, Bryan Morris stated the new assignments as follows: Code
workgroup - Ron Menard, Mel Robertson and John McGraw; Licensing workgroup - Greg
Tamez, John McGraw and Grayson Gill; Enforcement workgroup - Scott Anderson, Nancy
Crumley, and Ron Menard; Administrative Rules workgroup - Bryan Morris, Nancy Crumley,
Mel Roberson, and Ronnie Neimtschk. No assignments for the Code, Enforcement or Licensing
workgroups. Administrative Rules workgroup will meet to discuss and review administrative
rules. Board members asked questions for clarification of the goals of the Licensing workgroup.
Presiding Officer, Bryan Morris moved to agenda item G., Discussion of methods for
improving awareness of elevator and escalator safety. The Board discussed possible methods for
improving public awareness of elevator and escalator safety. Staff reported that past actions have
included press releases and outreach to schools for elevator safety training. The board suggested
that staff prepare additional press releases regarding elevator and escalator safety and provide
press releases to the local BOMA offices.
Presiding Officer, Bryan Morris moved to agenda item H., Discussion regarding 16
Texas Administrative Code (TAC) Chapter 74, Section 74.60(d). Presiding Officer, Bryan
Morris provided background on the proposed rule. The Board discussed options for changing
the rule which prohibits conflicts of interest among family members for the inspection of
elevator equipment. Board member, Scott Anderson made a motion to recommend keeping the
rule as adopted. Board member, John McGraw seconded the motion. The motion passed with a
unanimous vote in favor.
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Presiding Officer, Bryan Morris moved to agenda item I., Discussion and possible
recommendation regarding publication of a proposed rule amendment at 16 Texas
Administrative Code (TAC) Chapter 74, Section 74.55. Assistant General Counsel, Jeff Hill laid
out the necessity for the proposed rules which is to gain timely reports of inspections by
requiring investigators to electronically report when an inspection is preformed. The Board
discussed the proposed rules and options to the rule. Staff requested that the Board recommend
the proposed rules for publication and comment. Board member, Scott Anderson recommended
publication of proposed rules at 16 TAC §74.55. Board member, John McGraw seconded the
motion. The motion passed with a unanimous vote in favor.
Presiding Officer, Bryan Morris moved to agenda item J., Recommendations for agenda
items for the next meeting. The Board decided to place the following on the next agenda:
Discussion of Administrative Rules 16 TAC, Chapter 74; and Legislative updates involving the
elevator and escalator program.
Presiding Officer, Bryan Morris moved to agenda item K., Discussion of date, time, and
location of next Board meeting. The Board decided to hold the next meeting April 7, 2009 at
Presiding Officer, Bryan Morris moved to agenda item L., Adjournment. Presiding
Officer, Bryan Morris adjourned the meeting at 2:37 p.m.
Bryan R. Morris, Presiding Officer
Elevator Advisory Board
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