reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.65 - Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Board members
				will serve for staggered three year terms with two regulated industry positions
				and two consumer positions expiring in each of the first, second, and third
				years and one consumer position expiring in the third year. Terms shall expire
				November 1 of the third year of the member's term.
(b) If with the advice of the Elevator
				Advisory Board, the executive director determines that the standards of
				inspection and certification of a municipal inspection and certification
				program are at least equivalent to those contained in the Act, the municipal
				ordinance shall apply.
(c) Board
				meetings may be called by the executive director or the presiding officer of
				the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.66 - Responsibilities of the Owner - Equipment Maintenance and Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner must:
(1) maintain the equipment in a safe
				operating condition and in conformance with the standards and codes adopted in
				§RSA
				74.100 and keep the equipment free from
				reportable conditions;
(2) have an
				annual inspection of each unit of equipment to determine compliance with the
				applicable standards and codes adopted in §74.100;
(3) obtain the services of an inspector
				registered with the department to perform inspections in accordance with
				§§74.74 - 74.77 and §RSA
				74.100;
(4) have each unit of equipment tested to
				determine its safety and compliance with the requirements of the codes and
				standards as adopted in §74.100;
(5) ensure that all of the tests required by
				the applicable standards and codes adopted in §74.100 are performed;
				and
(6) have all violations cited
				on an inspection report:
(A) corrected within
				60 calendar days of the date of inspection;
(B) have them under contract to be corrected
				and all work completed not later than the next inspection due date;
				or
(C) have an approved waiver or
				delay.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.67 - Responsibilities of the Owner - Certificates of Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner must:
(1) obtain an annual certificate of
				compliance from the department evidencing that each unit of equipment in the
				building is in compliance with the applicable standards and codes adopted in
				§RSA
				74.100;
(2) have a current certificate of compliance
				in order to operate regulated equipment; and
(3) display the current certificate of
				compliance in the applicable publicly visible areas of the building as
				described under subsections (b) and (c).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.68 - Responsibilities of the Owner - Other Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner must make available to the
				department and all elevator personnel all maintenance and inspection records,
				maintenance control programs, maintenance, and repair manuals, and product
				specific inspection, testing, and maintenance procedures for each make and
				model number of the equipment, from September 1, 2003, and thereafter, as
				required by the applicable standards and codes adopted in §RSA
				74.100.
(b) The documents, records and programs
				required under subsection (a) must be in written or electronic format and be
				stored in the equipment room, machine room, machine space, control room, or
				control space or be accessible from a location within the building for that
				specific equipment.
(c) The owner
				must have copies of all current department-issued waivers, delays, and new
				technology variances posted in the equipment room, machine room, machine space,
				control room, or control space in a readily accessible and visible location
				available to elevator personnel.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.69 - Responsibilities of the Owner - Accidents and Reportable Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner must report all accidents, as
				defined in Texas Health and Safety Code, §
									RSA
				754.011, involving equipment to the
				department, using a department-approved form, within 24 hours of the
				accident.
(b) For an accident
				reported under this section, the equipment shall be removed from service and
				shall not be moved (except as necessary to extricate an injured party), used,
				or returned to service until a representative of the department completes an
				investigation and issues an approval to return the unit to service.
(c) If any equipment is determined to have a
				reportable condition by inspection or other means, the owner must notify the
				department in writing within 24 hours, and must place the unsafe equipment out
				of operation until repairs to correct the reportable condition(s) are
				completed. After repairs have been completed, the owner must have the equipment
				re-inspected and re-certified and submit written verification to the department
				that the reportable condition has been corrected before returning the equipment
				to service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.74 - Responsibilities of the Inspector - Inspection Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The inspector must inspect all equipment
				for compliance with the applicable ASME Safety Codes or ASCE Standards as
				adopted in §RSA
				74.100.
(b) Inspectors must use the latest published
				edition of ASME A17.2, "Guide for Inspection of Elevators, Escalators, and
				Moving Walks," to conduct inspections and witness tests for compliance with the
				ASME Safety Codes or ASCE Standards adopted in §74.100.
(c) The inspector must report to the owner
				before beginning any inspections.
(d) The inspector and the owner must sign and
				date the inspection report or electronically acknowledge the report using any
				electronic method approved by the department.
(e) The inspector is prohibited from
				performing any of the tests.
(f) On
				new or altered equipment installations, the inspector may perform an inspection
				prior to the installation being completed. However, on these installations the
				department will only accept inspection reports for final inspections performed
				by the inspector after the installation is completed.
(g) For new installations or alterations to
				existing equipment, the inspector must verify that approved applications and
				plans are on the site as specified in §74.111(b)(3) and is prohibited from
				proceeding with the inspection without the approved application and
				plans.
(h) The inspector must
				verify that the installation or alterations comply with the approved
				application and plans.
(i) New or
				altered units that fail to comply with the approved application and plans are
				prohibited from being placed in-service without the prior written approval of
				the department.
(1) The inspector must
				compare the installation to the approved application and plans.
(2) The inspector must not allow any
				installation that deviates from the approved application and plans to be placed
				into operation without the specific written authorization of the
				department.
(3) The inspector must
				not complete the inspection of any new installation or alteration until the
				inspector has verified that the documents required by §74.79 are on site
				and stored in the equipment room, machine room, machine space, control room, or
				control space.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.75 - Responsibilities of the Inspector - Department Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) The inspector must use current
				department-approved forms for reporting inspections.
(b) The department forms must be filled out
				completely, and must be used to report the inspections of existing equipment
				and final inspections of new or altered equipment.
(c) The inspector must list all violations of
				the technical requirements by code number and code edition for each unit
				inspected, and include a written description of the violation on the department
				form. If the technical requirements refer to another code, the inspector must
				list both code numbers and include a written description of the
				violation.
(d) The inspector may
				not use the department equipment inspection form to report the results of an
				inspection to the owner of equipment that is exempt under §74.30 and for
				construction-use only elevators.
(e) The inspector must obtain from the
				department the label format file for the Proof of Inspection Stickers the
				inspector is required to use. The inspector must provide white borderless
				adhesive labels upon which the information is printed.
(f) The inspector must obtain from the
				department the document format file for the Proof of Inspection the inspector
				is required to use. The inspector must provide white borderless paper upon
				which the information is printed.
(g) On completion of an acceptance
				inspection, the inspector must complete and issue a Proof of Inspection. The
				inspector must complete and attach a Proof of Inspection Sticker to the Proof
				of Inspection. The Proof of Inspection with the attached Proof of Inspection
				Sticker must be posted by the inspector and displayed in a location specified
				in §74.67 prior to leaving the site of a completed acceptance
				inspection.
(h) On completion of an
				annual inspection, the inspector must complete and issue a Proof of Inspection
				Sticker. The inspector must attach the Proof of Inspection Sticker to the
				existing Certificate of Compliance. The existing Certificate of Compliance with
				the attached Proof of Inspection Sticker must be posted by the inspector and
				displayed in a location specified in §74.67 prior to leaving the site of a
				completed annual inspection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.76 - Responsibilities of the Inspector - Inspectors Equipment Test Tags

Current through Reg. 49, No. 28; July 12, 2024
(a) The inspector must purchase test tags
				from the department and must be the person who attaches these tags to the
				inspected equipment.
(b) The
				inspector must inscribe all required information on each department test tag.
				Department test tags shall not be replaced until after all date and signature
				spaces on the tag are filled.
(c)
				Upon completion of the initial acceptance test, department test tags must be
				conspicuously attached to each individual piece of equipment on or adjacent to
				the equipment controller or main line disconnect.
(d) All devices and adjustments required to
				be sealed by the adopted standard must be sealed with wire rope and lead seal
				by the inspector witnessing the test(s). There is no need to replace the seal
				unless it is broken. If a seal is broken, an inspector must witness the test
				and provide a seal as prescribed in this subsection prior to the unit being
				returned to service. The lead seal must be crimped onto the wire rope using a
				crimping tool bearing the department's seal and the crimping tool number
				assigned to the inspector. An inspector may use the required crimping tool to
				seal lead seals provided by the manufacturer at the factory as long as the
				assigned number is legible.
(e)
				Inspector's equipment may be purchased from the department for $200 per 100
				test tags (sold in multiples of 100).
(f) The inspector must verify that
				contractor's test tags are placed on the equipment in conformance with the
				technical requirements adopted in §RSA
				74.100.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.77 - Responsibilities of the Inspector - Inspectors Equipment Decals

Current through Reg. 49, No. 28; July 12, 2024
(a) Each unit of equipment must be identified
				with a unique identification number decal issued by the department, which the
				inspector must affix to the upper right hand corner of the control panel. The
				decal shall remain on the control panel for the life of the
				equipment.
(b) An additional
				department decal must not be affixed to equipment that has a current department
				decal displayed.
(c) All
				correspondence and inspection reports must reference the decal number and
				building ID number, as reflected on the certificate of compliance.
(d) If an inspector places a new decal on a
				unit of equipment to replace a lost or destroyed decal, the inspector must
				report the equipment's location, old decal number, and new decal number to the
				department within ten (10) calendar days of placing the new decal number upon
				the equipment.
(e) On request by
				the department, the inspector must report to the department regarding the
				issuance and disposal of all decals issued to the inspector.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.78 - Responsibilities of the Contractor - Compliance with Plan Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor must comply with the
				requirements for plan review as set forth in this chapter.
(b) The contractor must provide the inspector
				a copy of the approved application and plans and, upon completion of the
				inspection, leave a copy of the approved application and plans in the machine
				room, machine space, control room or control space.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.79 - Responsibilities of the Contractor - Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) All registered contractors who install
				equipment regulated by the Act must provide the following documents for all
				equipment provided as part of the contract to install or alter equipment, to
				the owner of the equipment when installing new equipment or altering existing
				equipment.
(1) a written maintenance control
				program specifically designed for the equipment;
(2) a parts listing with part numbers and
				exploded view drawings identifying the parts;
(3) straight line "as installed" wiring
				diagrams;
(4) any diagnostic
				interface codes or passwords necessary to perform any code required tests,
				including but not limited to all access codes, passwords, diagnostic codes, and
				fault codes;
(5) general equipment
				maintenance, repair, testing, and adjustment procedures, including but not
				limited to lubrication instructions and recommended grade of
				lubricants;
(6) all unique and
				product specific maintenance, repair, testing, and adjustment
				procedures;
(7) all unique and
				product specific inspection procedures; and
(8) written procedures as described in the
				currently adopted standards for complying with the requirements for the special
				provisions contained therein for the specific equipment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspector Registration Fees.
(1) Original application--$50
(2) Renewal application--$50
(3) Revised/Duplicate registration
				card--$25
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.90 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person violates Texas Health and Safety Code, Chapter
				  754, or a rule, or order of the executive director or commission relating to
				  the Act, proceedings may be instituted to impose administrative sanctions
				  and/or recommend administrative penalties in accordance with the Act or Texas
				  Occupations Code, Chapter 51, and 16 Texas Administrative Code Chapter 60 and
				  Chapter 74.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.100 - Technical Requirements - ASME and ASCE Codes

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission adopts the standards for
				the installation, maintenance, repair, replacement, alteration, testing,
				operation, and inspection of equipment that are contained in the following
				codes:
(1) ASME Code A17.1-2016/CSA B44-16 as
				amended in subsection (b);
(2) ASME
				Code A17.3-2002;
(3) ASME Code
				A18.1-2005; and
(4) ASCE Code
				21.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.105 - Standards for Equipment Removed from Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Equipment may only be removed from
				service by a registered inspector using the following procedures:
(1) Hydraulic elevators must be brought to
				the lowest landing with the doors closed and the main line disconnect switch
				locked in the off position.
(2)
				Electric elevators must be brought to the top landing, with the doors closed
				and the main line disconnect switch locked in the off position.
(3) Escalators must have their main line
				disconnect switch locked in the off position and each end of the escalator
				barricaded.
(4) All other related
				equipment must have their main line disconnect switch locked in the off
				position.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.110 - Plan Review - Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				beginning the installation or alteration of equipment at any individual
				location, the contractor shall submit and have approved an application and
				plans describing the installation or alteration.
(b) The contractor shall submit one (1) copy
				of the plans to be reviewed to the department. These copies shall be submitted
				in a manner prescribed by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.111 - Plan Review - New Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				contractor must submit for review an application and plans for the installation
				of new equipment.
(b) To apply for
				a plan review for the installation of new equipment, a contractor must:
(1) submit a completed application on a
				department-approved form;
(2) pay
				the fee required by §74.80; and
(3) submit layout drawings as specified in
				the ASME Code A17.1 adopted in §74.100 for the specific type of equipment
				to be installed. These layout drawings shall also include:
(A) the rated speed of the equipment in feet
				per minute;
(B) the rated capacity
				of the equipment in pounds;
(C) the
				total travel of the equipment in feet and inches;
(D) elevation drawings of the hoistway,
				runway or wellway; and
(E) plan
				drawings indicating the arrangement of the equipment in a machine room, machine
				space, control room or control space.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.112 - Plan Review - Alteration of Existing Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor must submit for review an
				application and plans for the alteration of existing equipment.
(b) To apply for a plan review for the
				alteration of existing equipment, a contractor must:
(1) submit a completed application on a
				department-approved form;
(2) pay
				the fee required by §74.80; and
(3) submit a written description of the scope
				of work, which shall include a description of each alteration to be
				performed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.113 - Plan Review - Department Approval or Denial

Current through Reg. 49, No. 28; July 12, 2024
The department shall conduct a plan review of the
				  installation of new equipment or the alteration of existing equipment and
				  may:
(1) approve the application and
				plans and other required documents as submitted;
(2) approve the application and plans and
				other required documents with conditions; or
(3) deny the application and plans and other
				required documents and provide the applicant with the reasons for
				denial.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.114 - Plan Review - Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				installation or alteration has already been completed, any changes to an
				approved application and plans for the installation of new equipment or the
				alteration of existing equipment must be resubmitted in accordance with
				§74.111 or §74.112.
(b)
				If the installation or alteration has not been completed, a contractor may
				amend a previously approved application and plans for the installation of new
				equipment or the alteration of existing equipment.
(c) To apply for a plan review of any
				amendments to a previously approved plan review under subsection (b), a
				contractor must:
(1) submit a completed
				application on a department-approved form;
(2) pay the fee required by §74.80;
				and
(3) submit a written
				description of the scope of work which shall include a description of each
				alteration to be performed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.115 - Plan Review - Expedited Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				contractor may request an expedited review of the plans submitted under
				§§74.111, 74.112, and 74.114 by payment of the expedited review fee
				required by §74.80.
(b) The
				department may process plan reviews on an expedited basis and issue an approval
				or denial of those plans, as described under §74.113, within 5 business
				days after a complete submission by the contractor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.120 - New Technology Variances - Application for Variance

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to the installation of any device,
				equipment or technology not permitted by the currently adopted standards, a
				contractor or an equipment manufacturer ("applicant") must submit an
				application for new technology variance for approval by the
				department.
(b) An application for
				a new technology variance must contain the following, if applicable:
(1) an enumeration and description of all the
				requirements of the adopted standard for which a new technology variance is
				being requested;
(2) documentary
				evidence to support a claim of equivalence or superiority to the requirements
				of the adopted standard;
(3)
				documentary evidence that the new technology is being or may be considered by
				the ASME code committee(s) for inclusion in a future standard;
(4) an estimated time frame for the approval
				of the new technology by the ASME code committee(s);
(5) any additional supporting evidence deemed
				by the applicant to be necessary to assist in making a determination;
				and
(6) the new technology variance
				application fees outlined in §74.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.121 - New Technology Variances - Department Approval or Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant for a new technology
				variance will be notified of the department's decision in writing.
(b) If the new technology variance is
				approved, the department notification will itemize the specific code
				requirement deviations for which the variance(s) are approved.
(c) If the new technology variance is denied,
				the applicant may appeal the department's decision in accordance with
				§74.122.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.122 - New Technology Variances - Appeal of Variance Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) A denial of a new technology variance
				application may be appealed to the director of compliance, or his designee,
				within 30 calendar days from notification of the department's
				decision.
(b) The appeal to the
				director of compliance, or his designee, must be submitted in writing along
				with payment of the applicable appeal fee under §74.80. Supporting
				documentation such as the variance application and all documentation filed to
				support the application may be submitted for consideration.
(c) When a variance review determination has
				been made by the director of compliance, or his designee, the applicant will be
				advised in writing of the determination.
(d) A denial of a new technology variance
				application from the director of compliance, or his designee, may be appealed
				to the executive director, or his designee, within 30 calendar days of
				notification of the director of compliance's decision.
(e) The appeal to the executive director must
				be submitted in writing. Supporting documentation such as the variance
				application and all documentation filed to support the application may be
				submitted for consideration. No additional appeal fees must be
				submitted.
(f) When a variance
				review determination has been made by the executive director, the applicant
				will be advised in writing of the determination.
(g) The decision of the executive director
				regarding the variance application is final and binding on the
				applicant.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The sections in this chapter are authorized by Texas
				  Occupations Code, Chapters 51 and 1302.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.20 - Contractor Licensing Requirements - Application and Experience Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a
				contractor license, an applicant must:
(1)
				submit a completed application on a department-approved form;
(2) satisfy the requirements of Occupations
				Code §
										RSA
				1302.255 based on the date the application is
				filed with the department;
(3) pass
				the examination;
(4) submit the
				required fees;
(5) submit proof of
				insurance, as prescribed under §75.40, subsequent to passing the
				examination; and
(6) complete all
				requirements, including passing the exam, within one year of the date the
				application is filed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.21 - Contractor Licensing Requirements - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must satisfy the requirements of
				Texas Occupations Code §
									RSA
				1302.255 based on the date the application is
				filed with the department, prior to taking an examination.
(b) A passing grade is 70%.
(c) A person taking an examination must
				comply with the department's examination requirements under Chapter 60,
				Subchapter E of this title.
(d)
				Cheating on an examination is grounds for denial, suspension, or revocation of
				a license and/or an administrative penalty.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.22 - Contractor Licensing Requirements - General

Current through Reg. 49, No. 28; July 12, 2024
(a) The term of an air conditioning and
				refrigeration contractor's license is one year.
(b) A license is not transferable.
(1) License numbers will have the following
				form: Title/Class/Number/Endorsement code-TACL/A/000000/C.
(2) Endorsement codes are as follows:
(A) Environmental Air
				Conditioning-E;
(B) Commercial
				Refrigeration and Process Cooling or Heating-R;
(C) Combined Endorsements-C.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.23 - Contractor Licensing Requirements - Temporary Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) A company owner or officer whose only
				license holder is no longer available due to death or disability may request a
				temporary license.
(b) The
				temporary license request shall be made by an owner or partner who was
				affiliated with the firm at the time the license holder became unavailable. The
				person who will hold the temporary license shall be an owner, partner, or
				employee already associated with the firm.
(c) The request for a temporary license must:
(1) be made within fifteen (15) calendar days
				from the date the license holder became unavailable;
(2) be in writing;
(3) state the reason for the request
				including the circumstances involved;
(4) include a completed application with all
				applicable fees; and
(5) include a
				new certificate of insurance covering the company and the temporary license
				holder.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.24 - Contractor Licensing Requirements - Renewal

Current through Reg. 49, No. 28; July 12, 2024
To renew a contractor's license, a person must:
(1) submit a completed renewal application on
				a department-approved form;
(2)
				submit all appropriate fees; and
(3) complete eight (8) hours of continuing
				education as required under §75.25.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Terms used in
				this section have the meanings assigned by Chapter 59 of this title, unless the
				context indicates otherwise.
(b) To
				renew an air conditioning and refrigeration contractor license under Texas
				Occupations Code, Chapter 1302, Subchapter F, a licensee must complete eight
				hours of continuing education in courses approved by the department, including
				one hour of instruction in Texas state law and rules that regulate the conduct
				of licensees.
(c) The continuing
				education hours must have been completed within the term of the current
				license, in the case of a timely renewal. For a late renewal, the continuing
				education hours must have been completed within the one year period immediately
				prior to the date of renewal.
(d) A
				licensee may not receive continuing education credit for attending the same
				course more than once.
(e) A
				licensee must retain a copy of the certificate of completion for a course for
				one year after the date of completion. In conducting any inspection or
				investigation of the licensee, the department may examine the licensee's
				records to determine compliance with this subsection.
(f) To be approved under Chapter 59 of this
				title, a provider's course must be dedicated to instruction in one or more of
				the following topics:
(1) Texas Occupations
				Code, Chapter 1302, Air Conditioning and Refrigeration Contractors;
(2) Title 16, Texas Administrative Code,
				Chapter 75, Air Conditioning and Refrigeration Administrative Rules;
(3) the International Mechanical Code, the
				Uniform Mechanical Code, or other applicable codes;
(4) ethics;
(5) business practices; or
(6) technical requirements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.27 - Technician Registration Requirements - Initial Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a technician registration, an
				applicant must:
(1) submit a completed
				application on a department-approved form; and
(2) submit the required fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.28 - Registered Technician - Certified Technician (Legacy) Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to a person who
				submits an application for a certified technician designation on or before
				August 31, 2018.
(b) A registered
				technician may use the designation "certified technician" after obtaining a
				certified technician designation from the department.
(c) To obtain a certified technician
				designation, an applicant must:
(1) submit a
				completed application on a department-approved form;
(2) provide proof of having passed a
				certification examination administered by;
(A) a nationally recognized certification
				organization; or
(B) other
				organizations approved by the department; and
(3) pay the required fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.29 - Registered and Certified Technician Requirements - Renewal

Current through Reg. 49, No. 28; July 12, 2024
To renew a technician registration or air conditioning and
				  refrigeration technician certification, a person must:
(1) submit a completed renewal application on
				a department-approved form; and
(2)
				submit the required fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) The Act and this chapter do not apply to
				those persons exempt under Occupations Code, Chapter 1302, with the following
				clarifications:
(1) persons who conduct air
				conditioning and refrigeration contracting, who are employed by a regulated
				electric or gas utility facility and perform those services in connection with
				the utility business in which the person is employed;
(2) a person who engages in air conditioning
				and refrigeration contracting in a building owned solely by the person as the
				person's home and who does not engage in the occupation of air conditioning and
				refrigeration contracting for the general public. This exemption applies only
				to the homeowner and not to others who may attempt to assist the
				homeowner;
(3) those who hold a
				valid Certificate of Authorization issued by the American Society of Mechanical
				Engineers or The National Board of Boiler and Pressure Vessel Inspectors that
				are:
(A) appropriate for the scope of work to
				be performed, and
(B) performed
				solely on boilers as defined in Chapter 755 of the Health and Safety Code;
				and
(4) persons who
				install, repair, or remove a vent hood of the type commonly used in residential
				and commercial kitchens, as long as the person does not install, repair or
				remove any other part of the exhaust system.
(5) persons who engage in air conditioning
				and refrigeration contracting regarding:
(A)
				a portable or self-contained ductless air conditioning product that has a
				cooling capacity of three tons or less;
(B) a portable or self-contained heating
				product that does not require the forced movement or air outside the heating
				unit;
(C) environmental air
				conditioning equipment that is intended for temporary use and is not fixed in
				place; or
(D) a residential
				refrigerator, freezer, or ice machine.
(6) a student enrolled in a certification
				training program who is either younger than 18 years of age or is enrolled at a
				secondary school.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.40 - Contractor Insurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Class A licensees must maintain commercial general liability insurance at all
				times during a license period:
(1) of at
				least $300,000 per occurrence (combined for property damage and bodily
				injury);
(2) of at least $600,000
				aggregate (total amount the policy will pay for property damage and bodily
				injury coverage); and
(3) of at
				least $300,000 aggregate for products and completed operations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.65 - Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				the Air Conditioning and Refrigeration Contractors Advisory Board is to advise
				the commission on adopting rules, enforcing and administering the Act, and
				setting fees.
(b) Expense
				reimbursements to board members:
(1) are
				limited to authorized expenses incurred while traveling to and from board
				meetings; and
(2) must be limited
				to those allowed by the State of Texas Travel Allowance Guide, the Texas
				Department of Licensing and Regulation policies governing employee travel
				allowances, and the General Appropriations Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.71 - Responsibilities of the Contracting Company

Current through Reg. 49, No. 28; July 12, 2024
(a) An air conditioning and refrigeration
				contracting company must:
(1) notify the
				department of all licensees who have assigned their licenses to the company and
				must notify the department within thirty (30) calendar days when any licensee
				whose license is assigned to the company has left its employ;
(2) furnish to the department copies of
				applicable assumed name registrations from the Office of the Secretary of State
				and/or County Clerks' office;
(3)
				maintain records on its license holder showing payroll taxes deducted and
				reported to the Texas Workforce Commission, and either, hours worked each day
				or documentation showing that the licensee is on salary and works full time for
				the contracting company;
(4)
				furnish a copy of the company's records, specified in paragraph (3) of this
				subsection, at the request of the department;
(5) furnish to municipalities a list of
				authorized agents that may pull permits under the license of its license
				holder, and, if subcontracting jobs to other licensed air conditioning and
				refrigeration contracting companies, furnish a list of agents of those licensed
				companies that may pull permits under the license of its license holder;
				and
(6) make available to the
				department in Austin, Texas, or other location designated by the department,
				the records relating to the business of the air conditioning and refrigeration
				contracting company conducted through a permanent office for a period of at
				least three years after completion of a job.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.73 - Responsibilities of Registered and Certified Technicians

Current through Reg. 49, No. 28; July 12, 2024
(a) A registrant or certified technician
				must:
(1) provide proper installation and
				service, and assure the mechanical integrity of work and installations
				performed;
(2) not misrepresent the
				need for services, services to be provided, or services that have been
				provided;
(3) not knowingly perform
				any non-exempt air conditioning and refrigeration maintenance work without
				being under the supervision of a licensed air conditioning and refrigeration
				contractor;
(4) not knowingly
				provide non-exempt air conditioning and refrigeration work for or on behalf of
				an air conditioning and refrigeration contracting company that does not have an
				affiliation with a licensed individual who supervises all air conditioning and
				refrigeration work as provided by Occupations Code, Chapter 1302, and this
				chapter; and
(5) not use the
				designation "certified technician" unless designated as certified by the
				department pursuant to §75.28, or granted an air conditioning and
				refrigeration technician certification by the department pursuant to
				§75.120.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.75 - Restricted Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) A person issued
				a restricted license in accordance with Texas Occupations Code, Chapter 51,
				Subchapter G, shall comply with any condition imposed by the commission or
				executive director.
(b) A licensee
				shall use reasonable care to ensure that the holder of a restricted license
				subject to the licensee's supervision complies with any condition imposed by
				the commission or executive director.
(c) Before performing any work, the holder of
				a restricted license must inform his or her employer of the conditions placed
				on the license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All application fees are
				non-refundable.
(b) Air
				Conditioning and Refrigeration Contractors.
(1) Contractor license application fee is
				$115.
(2) Contractor license
				renewal application fee is $65.
(3)
				Revised/Duplicate License/Certificate/Permit/Registration--$25.
(4) The application fee for adding an
				endorsement to an existing contractor license is $25.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.90 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person or entity violates any provision of Texas
				  Occupations Code, Chapter 1302, this chapter, or any rule or order of the
				  executive director or commission, proceedings may be instituted to impose
				  administrative penalties, administrative sanctions, or both in accordance with
				  the provisions of Texas Occupations Code, Chapter 1302; Texas Occupations Code,
				  Chapter 51; and any associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.91 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and 1302 and any associated rules may be used to enforce
				  Texas Occupations Code, Chapter 1302 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.100 - Technical Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Electrical
				Connections.
(1) On new construction of
				environmental air conditioning, commercial refrigeration, and process cooling
				or heating systems, licensees may 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 applicable National Electrical Code, the
				licensee may install a disconnect and reconnect the system.
(3) Control wiring of 50 volts or less may be
				installed and serviced by a licensee. Control wiring for commercial
				refrigeration equipment of any voltage may be installed by a licensee with the
				commercial refrigeration endorsement as long as the control wiring is on the
				equipment side of the disconnect installed for that purpose.
(4) All electrical work shall be performed in
				accordance with standards at least as strict as that established by the
				applicable National Electrical Code and the International Residential Code,
				where applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 75 - AIR CONDITIONING AND REFRIGERATION › Section 75.110 - Applicable Codes

Current through Reg. 49, No. 28; July 12, 2024
(a) Effective
				January 1, 2021, the commission adopts the following applicable codes as
				referenced in the Act and this chapter:
(1)
				2018 International Residential Code;
(2) 2018 International Mechanical
				Code;
(3) 2018 International Fuel
				Gas Code; and
(4) 2018 Uniform
				Mechanical Code.