TDLR On The Level: January 2020

on the levelon the level masthead

 

Vol. 2  | January 2020


 

A Note From Brian Francis: Welcome To Our New Deputy Executive Directors

Brian Francis color

Happy New Year, everyone!

The new year will see some big changes here at TDLR. After the retirement of Deputy Executive Director Carla James in November, we changed the agency's management structure and added two Deputy Executive Directors effective December 1, 2019: Christina Kaiser and David Gonzales. They join Mike Arismendez as my deputies. 

  • Christina will oversee Regulatory Services, including Field Inspections, Regulatory Program Management, and Enforcement.
  • David will oversee Licensing Services, including Licensing, Education and Examination, and Customer Service.
  • Mike will oversee Administrative Services and Strategic Response, which includes Financial Services, Information Technology and Strategic Response (TDLR’s disaster response and anti-human trafficking efforts) in addition to facilities, fleet management, and military/veterans’ issues.

The restructuring draws directly on our strengths, bringing decades of experience, innovation and leadership to the Executive team. This new team will help us meet our current challenges with strength and positions us for the future. I look forward to seeing where our agency will be in the next five years.

Yours in service,

Brian E. Francis

Executive Director


Sunset Review & TDLR Self-Evaluation Report

capitol

The Sunset Advisory Commission is reviewing the mission and performance of the Texas Department of Licensing and Regulation (TDLR) and welcomes public comments on whether the agency is still needed and ideas to improve its operations and services. The Texas Sunset Act requires the Sunset Commission to periodically review TDLR and recommend whether to continue the agency and change state law to improve the agency’s efficiency and effectiveness. TDLR’s overall operations, program administration, and structure are under Sunset review. In this round, however, programs transferred to TDLR on or after September 1, 2016 are not necessarily under review. 

The Legislature ultimately will decide whether to continue TDLR and adopt Sunset’s other statutory recommendations. The Sunset Commission also may adopt management actions for TDLR that do not require statutory change.

The Sunset process has three stages. First, Sunset staff will evaluate TDLR, seek public input, and issue a report recommending solutions to problems found. Second, the Sunset Commission will hold two public meetings: a hearing on the staff report and the agency, and a decision meeting to adopt recommendations to the Legislature based on the report and public comments. Third, the 87th Legislature will convene in January 2021 and will consider Sunset’s statutory recommendations in a Sunset bill for TDLR.

Here are several ways to provide comments and suggestions to Sunset staff on TDLR’s mission, operations, and services:

  • Send an email to sunset@sunset.texas.gov
  • Submit comments online at www.sunset.texas.gov
  • Send a letter to Sunset Advisory Commission, Attn: TDLR, P.O. Box 13066, Austin, Texas 78711
  • Call (512) 463-1300 to speak to Emily Johnson, project manager of the TDLR review

Although the commenting deadline was Jan. 1, 2020, Sunset staff still wants to hear from you. Comments submitted before the staff report is published in May 2020 will remain confidential.

Stay informed! Visit www.sunset.texas.gov to sign up for email alerts on the Sunset staff report and the Sunset Commission’s public meetings on TDLR.


Additional Legislation from the 86th Session

Elimination of Architectural Barriers (EAB)House Bill 3163 requires additional markings for the accessible parking spaces in paved lots. TDLR is working to create rules to implement these new requirements, which include painting the International Symbol of Accessibility within the accessible parking space, painting the words “NO PARKING” within the access aisle adjacent to the accessible parking space, and providing additional signage regarding potential penalties for illegal parking.  The Elimination of Architectural Barriers Advisory Board met on Monday, Dec. 16 to review the proposed rule changes. Once approved by the Texas Commission of Licensing and Regulation, all newly constructed, altered, or renovated paved parking facilities will be required to provide these elements in addition to the parking requirements within the 2012 Texas Accessibility Standards.

Code Enforcement Officers (CEO)House Bill 2584 provides Code Enforcement Officers with the authority to possess or carry an instrument used for deterring animal bites (a "bite stick") during the performance of their duties. TDLR is in the process of updating regulations to include training requirements in the use of a bite stick. Code Enforcement Officers will have to complete the training course before they can possess or carry the instrument. The goal is to have final approval of the training course on the use of a bite stick by March of 2020.


Industrialized Housing & Buildings Welcomes New Employee

The Industrial Housing & Buildings (IHB) Program welcomes Wallace Britton as their newest Program Specialist. His wealth of knowledge and experience in codes and inspections has allowed him to make a positive contribution to the program from day one.

Wallace comes to us from ATS Engineers, an Austin-based engineering firm that also assists municipalities in Central Texas with inspections and plan reviews. Prior to this, he retired as the building official for the City of Fredericksburg where he also worked as the Fire Marshal and served as the Emergency Services Director.


Quiz Yourself! (Answers are at the bottom of this newsletter. No cheating!)

RPM Quiz

1. True or False: The 2020 National Electrical Code (NEC) will require all outdoor outlets for dwellings, other than those covered in 8(A)(3), that are supplied by single-phase branch circuits rated 150 volts to ground or less, 50 amperes or less, shall have ground-fault circuit-interrupter protection for personnel.

2. True or False: The Texas Accessibility Standards (TAS) are based on Title III of the Americans with Disabilities Act (ADA).

3. Which mold licensee is required by rule to keep certain records for three (3) years?

a. training provider

b. assessment consultant

c. remediation contractor

4. Yes or No: When replacing an Air Conditioning Condensing Unit, is the ACR Contractor required to perform a “Manual J/S” Heat Load Calculation before installing the unit?

5. Yes or No: Are OC Spray or Citronella Spray considered instruments used for deterring animal bites as part of the HB 2584?  

6. When an elevator is added to an existing hoist-way, is this classified as a new installation or an alteration?


Air Conditioning & Refrigeration Code Change

2015 Mechanical Code Change

There's been a code change for Air Conditioning and Refrigeration, per the 2015 & 2018 Uniform Mechanical Code (1313.7 & 1312.9) “Where a sediment trap is not incorporated as a part of the appliance, a sediment trap shall be installed downstream of the appliance shutoff valve as close to the inlet of the appliance as practical, but before the flex connector…”


Electrical Safety Checklist

Electrician working on plug

These tips are quick and simple. For the most part, it’s all about being prepared and staying wary of potential threats:

  • Check your appliances and tools. Leaf blowers and similar electric-powered tools should be checked over carefully for damage. Inspect the cables and wires your tools use for cracks, cuts, and other forms of damage. If there is damage, either replace the wire or replace the tool. Left alone, you could be risking electric shock and similar injuries.
  • Check outdoor lighting and wiring for damage. Or better yet, have an expert do it! As it cools off, we can see changes in the weather that may bring in more moisture, so it’s a good idea to check wiring for damage that may cause trouble.
  • Use outdoor-appropriate materials. Be wary of old lights and outdoor fixtures and be sure to use outdoor use extension cords. Using indoor cords and strips can put you at risk and can even kill the power in your home.
  • Evaluate your home’s HVAC system. Get your furnace checked by a professional! It’s been sitting there all year, and if there are potential loose electrical connections or dust clogs, you might be seeing some serious electrical issues when you kick it on during a chilly night.
  • Keep up with your landscape. Falling leaves and other forms of discarded foliage can present a hazard when they begin to pile up around electronics and outdoor lighting. To remove the risk of electrical fire, be sure to rake up and dispose of leaves as they fall.

Meet Our New Deputy Chief Elevator Inspector

Carmon Marshall

The Elevators, Escalators, and Related Equipment Safety and Licensing Program (ELE) has a new Deputy Chief!

Carmon Marshall is a proud graduate of the University of Houston and has a National Architectural Accrediting Board (NAAB) accredited five-year professional Bachelor of Architecture degree. Her career with TDLR began in 2006 as an accessibility plan reviewer for the Elimination of Architectural Barriers Program. In 2015, she became a Multi-Program Specialist reporting to the ELE and Industrialized Housing and Building programs.

Paired with her prior TDLR experience, the ELE experience Carmon gained performing plan reviews and assisting the Chief in technical work made her the ideal candidate for Deputy Chief.


How Does Texas Help Improve Accessibility Standards?

wheelchair

Texas has been working to improve accessibility for 50 years. You might not know that the Texas Architectural Barriers Act (TABA), passed in 1969, actually precedes the federal Americans With Disabilities Act (ADA).

Throughout the years, TABA has been amended to enhance accessibility in Texas, and the Texas Accessibility Standards (TAS) were based on the ADA Standards for Accessible Design for use in Texas as standards for accessible design. However, TDLR does not administer or enforce the federal regulations.

Since June 1994, TABA has required newly built or substantially renovated construction projects to be accessible for persons with disabilities. All publicly funded, commercial and public accommodation construction projects subject to the Act must comply with the TAS. Projects of $50,000 or more have the additional requirement of registration, review, and inspection by a TDLR Registered Accessibility Specialist (RAS). A construction project may be anything from replacement of door hardware in an office to the complete construction of a new building. 

Because the TAS focuses on the built world, it also assists people with heart or lung disorders, spastic conditions, and seeing or hearing disabilities. The TAS ensures the blind or visually impaired can move around a facility without encountering a barrier. Those with fragile skin can use a handrail without being injured. People with lung or heart conditions can use the same gentle slopes and landings as those who use wheelchairs. People with spastic conditions are protected from protruding objects, and the hearing impaired have access to visible alarms and telecommunications devices.

As an added benefit, TAS also makes the built world more convenient and safer for people without disabilities. So, the next time you see the International Symbol of Accessibility, remember that the TAS helps protect all people.

Any questions may be directed to the TDLR Elimination of Architectural Barriers Program at (512) 539-5669 or techinfo@tdlr.texas.gov

Texas Air Conditioning Contractors Association Names New Director


Reminder: Send Completed Elevator Inspection Reports to TDLR

Here's a reminder to all Elevator Inspectors, Building Owners and Owner's Agents: 

Once a complete inspection has been performed on the subject equipment, the Elevator / Escalator and Related Equipment Report of Inspection (“Inspection Report”) must be signed by the Building Owner or Owner’s Agent and submitted to TDLR.

The owner or owner’s agent signature certifies that all violations cited by the inspector (if any) have been corrected, are under contract to be corrected, or that the owner has an approved waiver or delay.


License Revocations for June 1 – Nov. 30, 2019

texas flag and gavel

The licenses below were listed as “Revoked” by TDLR as of the production date of this newsletter. After that date, you can verify the license status online at: https://www.tdlr.texas.gov/verify.htm.

Please file a complaint with TDLR alleging unlicensed practice if you have evidence that a person or business with a revoked license is continuing to advertise or perform services that require a license in Texas.

Program

License Type

Name

Location

Air Conditioning & Refrigeration

Not Licensed

Hernandez, Louis A.

San Antonio

Air Conditioning & Refrigeration Contractor

ACR-Registered AC Technician

Maldonado, Mario

Houston

Air Conditioning & Refrigeration

ACR-Registered AC Technician

Medina, Richard

Von Ormy

Air Conditioning & Refrigeration

ACR- Air Conditioning Contractor

Meza, Danny R. Jr. 

Deer Park

Air Conditioning & Refrigeration

ACR-Registered AC Technician

Moya, Jacob

Goliad

Air Conditioning & Refrigeration

ACR-Certified AC Technician

Pena, Joel

Harlingen

Air Conditioning & Refrigeration

ACR-Certified AC Technician

Simien, Darrell W. Jr. 

Houston

ACR- Air Conditioning Contractor

ACR-Registered AC Technician

Tamez Jr. Gerardo

Weslaco

ACR-Registered AC Technician

ELC-Electrical Sign Apprentice

Walsh, Donny

Tyler

ACR-Registered AC Technician

ELC-Electrical Apprentice

Bennett, Teval

South Carolina

ACR- Air Conditioning Contractor

ELC-Residential Wireman

Bess, Jason Roy

Sargent

ACR-Registered AC Technician

ELC-Electrical Apprentice

Farmer, James Leo Jr

Kempner

ACR-Certified AC Technician

ELC-Electrical Apprentice

Fisher, William P III

Richland Hills

ACR-Certified AC Technician

ELC-Residential Wireman

Garza, Onecimo

Austin

ACR-Registered AC Technician

ELC-Electrical Apprentice

Guidry, Brandon Wayne

The Woodlands

ELC-Electrical Sign Apprentice

ELC-Electrical Apprentice

Haywood, Stuart James

Grand Prairie

ELC-Electrical Apprentice

ELC-Electrical Apprentice

Houston, Opera

Houston

ELC-Residential Wireman

ELC-Journeyman Electrician

Jerdet, John M.

Selma

ELC-Electrical Apprentice

ELC-Electrical Apprentice

Lawson, Jeremy William

Houston

ELC-Electrical Apprentice

ELC-Electrical Apprentice

Lopez, Manuel L.

Houston

ELC-Residential Wireman

ELC-Electrical Apprentice

Medina, Richard

San Antonio

ELC-Electrical Apprentice

ELC-Journeyman Electrician

Medina, Stephanie M.

Fort Worth

ELC-Electrical Apprentice

ELC-Electrical Apprentice

Mixon, Rodney W.

Mineola

ELC-Electrical Apprentice

ELC-Master Electrician

Montes, Miguel F

Monahans

ELC-Journeyman Electrician

ELC-Journeyman Electrician

Moyers, Timothy

Lufkin

ELC-Electrical Apprentice

ELC-Electrical Apprentice

Nieto, Jose Eleuterio

Houston

ELC-Electrical Apprentice

ELC-Electrical Apprentice

Nieto, Josue M.

Odessa

ELC-Electrical Apprentice

ELC-Electrical Apprentice

Ortiz, Ismael Jr.

Edinburg

ELC-Journeyman Electrician

ELC-Master Electrician

Reza, Edgar

Fort Worth

ELC-Electrical Apprentice

ELC-Electrical Contractor

Rike, Timothy D

San Antonio

ELC-Master Electrician

ELC-Electrical Contractor

Rike, Timothy D.

Austin

ELC-Journeyman Electrician

ELC-Journeyman Electrician

Rike, Timothy D.

Boerne

ELC-Electrical Apprentice

ELC-Electrical Apprentice

Sanchez, Jose A.

Conroe

ELC-Electrical Apprentice

ELC-Journeyman Electrician

Vieyra, Edgar

Houston

ELC-Electrical Apprentice

 

Wilson, Gerald D

Austin

 


How To File a Complaint

complaint button

You can file a complaint online for most TDLR programs at the following link: https://www.tdlr.texas.gov/complaints/

You will be asked to choose whether you are filing a complaint against a licensed or an unlicensed person or business. If you are unsure about whether the person or business holds a TDLR license, use the unlicensed link.

 If your complaint does not allege a violation of the law or rules or does not include enough information for TDLR to investigate the allegations, TDLR will not open a complaint. If you want to receive information about the status or progress of your complaint, you must provide your name and contact information when you submit the complaint.

Read more about TDLR's complaint investigation and resolution process.


Governor’s Disaster Proclamation Still in Effect

hurricane two

The disaster proclamation for Hurricane Harvey is still in effect; Governor Abbott has been renewing it on a monthly basis. You can find the Governor’s renewal proclamations at: https://gov.texas.gov/news/category/proclamation

TDLR has implemented numerous program adjustments, including exemptions, waivers, and expedited application processing, to assist communities in recovering from this disaster. For details, please see: https://www.tdlr.texas.gov/harveyresponse.htm


Quiz Answers

Quiz answers
  1. True, 210.8(F)
  2. True! The difference is that the TAS is a proactive construction law and the ADA is a reactive civil law.
  3. Correct answer is c.
  4. No, the Condensing Unit should be selected to match the existing Air Handling Unit and Evaporator Coil.
  5. No, only bite sticks are covered by HB 2584.
  6. An alteration. See ASME A17.1, Section 8.7. Please note, that any new equipment added to the existing elevator system requires a plan review.