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

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?

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…”

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.

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.

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

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.

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. 

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.