16 TAC §§75.1, 75.10, 75.20 - 75.24, 75.26, 75.30, 75.40, 75.65, 75.70, 75.80, 75.90, 75.100
The amendments are adopted under Texas Revised Civil Statutes
Annotated, Article 8861 which authorizes the Commissioner of the Texas Department
of Licensing and Regulation to promulgate and enforce a code of rules and
take all action necessary to assurance compliance with the intent and purpose
of the Article.
The Article and Code affected by the adopted amendments is Texas Revised
Civil Statutes Annotated, Article 8861 and Texas Occupations Code, Chapter
51.
§75.10.Definitions.
The following words and terms have the following meanings:
(1)
Advertising or Advertisement-Any commercial message which
promotes the services of an air conditioning and refrigeration contractor.
(2)
Air conditioning and refrigeration subcontractor-A person
or firm who contracts with a licensed air conditioning contractor for a portion
of work requiring a license under the Act. The subcontractor contracts to
perform a task according to his own methods, and is subject to the contractor's
control only as to the end product or final result of his work.
(3)
Air conditioning or heating unit-A stand-alone system with
its own controls that conditions the air for a specific space and does not
require a connection to other equipment, piping, or ductwork in order to function.
(4)
Assumed name-As defined in the Business and Commerce Code,
Title 4, Chapter 36, Subchapter A, Section 36.02.
(5)
Biomedical Remediation-The treatment of ducts, plenums,
or other portions of air conditioning or heating systems by applying disinfectants,
anti-fungal substances, or products designed to reduce or eliminate the presence
of molds, mildews, fungi, bacteria, or other disease-causing organisms.
(6)
Boiler-As defined in the Health and Safety Code, Title
9, Subtitle A, Chapter 755.Boilers.
(7)
Business affiliation-The business organization with which
a licensee elects to affiliate.
(8)
Cheating-Attempting to obtain, obtaining, providing, or
using answers to examination questions by deceit, fraud, dishonesty, or deception.
(9)
Contracting-Agreeing to perform work, either verbally or
in writing, or performing work, either personally or through an employee or
subcontractor.
(10)
Cryogenics-refrigeration that deals with producing temperatures
ranging from:
(A)
-250 degrees F to Absolute Zero (-459.69 degrees F);
(B)
-156.6 degrees C to -273.16 degrees C;
(C)
116.5 K to 0 K; or
(D)
209.69 degrees F to 0 degrees R.
(11)
Design of a system-making decisions on the necessary size
of equipment, number of grilles, placement and size of supply and return air
ducts, and any other requirements affecting the ability of the system to perform
the function for which it was designed.
(12)
Direct personal supervision-Directing and verifying the
design, installation, construction, maintenance, service, repair, alteration,
or modification of an air conditioning, refrigeration, process cooling, or
process heating product or equipment for compliance with mechanical integrity.
(13)
Employee-An individual who performs tasks assigned to
him by his employer. The employee is subject to the deduction of social security
and federal income taxes from his pay. An employee may be full time, part
time, or seasonal. Simultaneous employment with a temporary employment agency,
a staff leasing agency, or other employer does not affect his status as an
employee.
(14)
Employer-One who employs the services of others, pays
their wages, deducts the required social security and federal income taxes
from the employee's pay, and directs and controls the employee's performance.
(15)
Full time employee-an employee who is present on the job
40 hours a week, or at least 80% of the time the company is offering air conditioning
and refrigeration contracting services to the public, whichever is less.
(16)
Licensee-an individual holding a license of the class
and endorsement appropriate to the work performed under the Act and these
rules.
(17)
Permanent office-Any business location at which contractual
agreements to perform work requiring a license under the Act are arranged
and where supervising control for those contracts originate. Temporary construction
sites or other locations at which employees of a licensee work under contract
to provide service, maintenance and repair work are not permanent offices.
(18)
Primary process medium-a refrigerant or other primary
process fluid that is classified in the current ANSI/ASHRAE Standard 34 as
Safety Group A1, A2, B1, or B2. Safety Groups A3 and B3 refrigerants are specifically
excluded.
(19)
Proper installation-installing air conditioning or refrigeration
equipment in accordance with:
(A)
applicable municipal ordinances and codes adopted by a
municipality where the installation occurs;
(B)
the most stringent current Uniform Mechanical Codes, Standard
Mechanical Code, Standard Gas Code, International Mechanical Code, and International
Fuel Gas Code in areas where no code has been adopted;
(C)
the manufacturer's instructions; and
(D)
all requirements for safety and the proper performance
of the function for which the equipment or product was designed.
(20)
Repair work-diagnosing and repairing problems with air
conditioning, commercial refrigeration, or process cooling or heating equipment,
and remedying or attempting to remedy the problem. Repair work does not mean
simultaneous replacement of the condensing unit, furnace, and evaporator coil.
§75.20.Licensing Requirements - Application and Experience Requirements.
(a)
An applicant shall submit a complete application and appropriate
fees. An applicant must complete all requirements, including passing the exam,
within one year of the date the application is filed.
(b)
An applicant who uses credit for air conditioning and refrigeration
courses to fulfill up to two years of the required 36 months of experience
with the tools of the trade must furnish a copy of:
(1)
a transcript or diploma showing a degree in air conditioning
engineering, refrigeration engineering, or mechanical engineering;
(2)
a transcript, certificate or diploma in a course emphasizing
hands-on training with the tools of the trade; or
(3)
transcript of courses taken without earning a certificate
or diploma emphasizing hands-on training with the tools of the trade. Transcripts
must be from schools authorized or approved by the Texas Workforce Commission,
the U.S. Department of Education, the Coordinating Board of the Texas College &
University System, or other organizations recognized by the Department. Credit
will be allowed at the rate of one month credit for every two months of completed
training. Thirty semester hours are equivalent to six months credit of experience.
For schools issuing certificates based on classroom hours, fifteen lecture
hours are equivalent to one semester hour and 30 lab hours are equivalent
to one semester hour.
§75.70. Responsibilities of the Licensee and the Air Conditioning and Refrigeration Contracting Company.
(a)
The licensee shall:
(1)
if affiliated with a business, choose one business affiliation
that will use the licensee's license;
(2)
be a bona fide employee or owner of the business affiliation,
and must work full time at the business affiliation, or permanent office of
the business affiliation;
(3)
use his license for one business affiliation and one permanent
office at any given time;
(4)
furnish the Department with his or her permanent mailing
address and the name, physical address, and telephone number of the business
affiliation; and
(5)
furnish to the Department, copies of assumed name registrations.
(b)
A licensee may subcontract portions of work requiring a
license under the Act to unlicensed persons, firms, or corporations as long
as:
(1)
the licensee actively provides work or service which requires
a license, either in person or with the licensee's bona fide employees;
(2)
the work or service provided in person or with the licensee's
bona fide employees consists of more than accepting a contract or request
for service, scheduling the work, and providing supervision of the work; and
(3)
the licensee is ultimately responsible to the customer
for all work performed by the subcontractor.
(c)
The design of a system may not be subcontracted to an unlicensed
person, firm or corporation.
(d)
A licensee who subcontracts with an air conditioning and
refrigeration contracting company other than his own, must work under the
license of the other air conditioning and refrigeration business. The work
must be billed by the other air conditioning and refrigeration contracting
company, and the licensee working as a subcontractor must be paid by the other
company. The licensee who is the contractor is responsible for all subcontracted
work.
(e)
Each air conditioning and refrigeration contracting company
shall have a licensee employed full time in each permanent office operated
in Texas. All work requiring a license under the Act shall be under the direct
personal supervision of the licensee for that office.
(f)
The licensee is responsible under the Act for all work
performed under his/her supervision, regardless of whether or not the owners,
officers, or managers of the air conditioning and refrigeration contracting
company allow the licensee the authority to supervise, train, or otherwise
control compliance with the Act.
(g)
If an air conditioning and refrigeration contracting company
uses locations other than a permanent office, those locations shall be used
only to receive instructions from the permanent office on scheduling of work,
to store parts and supplies, and/or to park vehicles. These locations may
not be used to contract air conditioning sales or service. The air conditioning
and refrigeration contracting company shall provide the address of these other
locations to the Department no later than 30 days after the locations are
established or changed.
(h)
A licensee may not permit a person or any company with
which his or her license is not affiliated, and by whom he or she is not employed,
to use his or her license for any purpose.
(i)
Each licensee and air conditioning and refrigeration contracting
company shall display the license number and company name in letters not less
than two inches high on both sides of all vehicles used in conjunction with
air conditioning and refrigeration contracting. When an unlicensed subcontractor
is at a job site not identified by a marked vehicle, the site shall be identified
either by a temporary sign on the subcontractor's vehicle or on a sign visible
and readable from the nearest public street containing the contractor's license
number and company name.
(j)
All advertising by licensees and air conditioning and refrigeration
contracting companies designed to solicit air conditioning or refrigeration
business shall include the licensee's license number. The following advertising
does not require the license number:
(1)
nationally placed television advertising, in which a statement
indicating that license numbers are available upon request is used in lieu
of the licensee's license number;
(2)
telephone book listings that contain only the name, address,
and telephone number;
(3)
manufacturers' and distributor's telephone book trade ads
endorsing an air conditioning and refrigeration contractor;
(4)
telephone solicitations, provided the solicitor states
that the company is licensed by the state. The license number must be provided
upon request of a consumer.
(5)
promotional items of nominal value such as ball caps, tee
shirts, and other gifts;
(6)
letterheads and printed forms for office use; and
(7)
signs located on the contractor's permanent business location.
(k)
An invoice shall be provided to the consumer for all work
performed. The company name, address, and phone number shall appear on all
proposals and invoices. The licensee's license number shall appear on all
proposals and invoices for that office. The following information: "Regulated
by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin,
Texas 78711, 1-800-803-9202, 512-463-6599" shall be listed on:
(1)
proposals and invoices;
(2)
written contracts; and
(3)
a sign prominently displayed in the place of business if
the consumer or service recipient may visit the place of business for service.
(l)
A licensee or an air conditioning and refrigeration contracting
company that also acts as a general contractor may provide a one-time notice
stating the information above to customers for whom they provide services
requiring a license under the Act.
(m)
If information provided to the Department by the licensee
changes, the licensee shall:
(1)
notify the Department, in writing, within 30 days of any
change in name, permanent mailing address, business affiliation, business
location, or business telephone number; and
(2)
if the information is printed on the license:
(A)
return the current original license to the Department;
(B)
pay the appropriate revision fee required in Section 75.80
of this title (relating to Fees); and
(C)
provide a revised insurance certificate if the business
affiliation name or address has changed.
(n)
The permanent address shall be considered the licensee's
permanent mailing address and address of record. All correspondence from the
Department will be mailed to that address.
§75.100.Technical Requirements.
(a)
Electrical Connections.
(1)
On new construction of environmental air conditioning,
commercial refrigeration, and process cooling or heating systems, licensees
shall connect the appliance to the electrical line or disconnect that is provided
for that purpose.
(2)
Licensees may replace and reconnect environmental air conditioning,
commercial refrigeration, process cooling or heating systems, or component
parts of the same or lesser amperage. On replacement environmental air conditioning,
commercial refrigeration, process cooling or heating systems where the electrical
disconnect has not been installed and is required by the current National
Electrical Code, the licensee may install a disconnect directly adjacent to
or on the replacement system and reconnect the system.
(3)
Control wiring of 50 volts or less may be installed and
serviced by a licensee.
(4)
All electrical work shall be performed in accordance with
standards at least as strict as that established by the current National Electrical
Code.
(b)
Piping.
(1)
Fuel gas piping for new or replaced environmental air conditioning,
commercial refrigeration, or process cooling or heating systems may be installed
by a licensee. Fuel gas piping by a licensee is limited to the portion of
piping between the appliance and the existing piping system, connected at
an existing shut-off valve for such use. Existing piping systems, stops, or
shut-off valves shall not be altered by a licensee.
(2)
Drain piping associated with environmental air conditioning,
commercial refrigeration, or process cooling or heating systems shall be installed
by a licensee if it terminates outside the building. If the piping terminates
inside the building, a licensee may make the connection if the connection
is on the inlet side of a properly installed trap. Such drain piping shall
be installed in accordance with applicable plumbing and building codes.
(3)
Mechanical piping associated with environmental air conditioning,
commercial refrigeration, or process cooling or heating systems shall be installed
by a licensee.
(c)
Duct cleaning.
(1)
Duct cleaning and air quality testing, including biomedical
testing may be performed by an unlicensed person or company if:
(A)
the task is limited to the air distribution system, from
the discharge of the unit to the inlet of the unit;
(B)
no cuts are made to ducts or plenums;
(C)
no changes are made to electrical connections;
(D)
the only disassembly of any part of the system is opening
or removal of access panels or doors, return air grills, or registers that
are removable without cutting or removing any other part of the system; and
(E)
coils are cleaned in place and can be accessed without
cutting or disassembly of any part of the system, and no biomedical remediation
is performed.
(2)
Biomedical testing may be performed by an unlicensed person
or company. Biomedical remediation requires a license.
(d)
Process Cooling and Heating.
(1)
Process cooling and heating work does not include cryogenic
work.
(2)
Process cooling and heating is limited to work performed
on piping and equipment in the primary closed loop portions of processing
systems containing a primary process medium. Once a primary closed loop process
system has been deactivated and rendered inert, a non-licensed person may
perform repairs on piping, heat exchangers, and vessels.
(e)
Standards
(1)
The standard for the practice of air conditioning and refrigeration
in a municipality is the code the municipality adopted by ordinance, provided
that the ordinance does not make the code less strict than the 2000 edition
of the code adopted.
(2)
The standard for the practice of air conditioning and refrigeration
in an area where no code has been adopted is the least strict applicable provision
of the 2000 International Mechanical Code or the 2000 Uniform Mechanical Code.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on February 15, 2001.
TRD-200100954
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 7, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 463-7348
16 TAC §75.25
The repeal is adopted under Texas Revised Civil Statutes Annotated,
Article 8861, which authorizes the Commissioner of the Texas Department of
Licensing and Regulation to promulgate and enforce a code of rules and take
all action necessary to assure compliance with the intent and purpose of the
article
The Article and Code affected by the repeal is Texas Revised Civil Statutes
Annotated, Article 8861 and Texas Occupations Code, Chapter 51.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 15, 2001.
TRD-200100953
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 7, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 463-7348