Vol. 3     |  July 2020

• A Note from Brian Francis
• TDLR Undergoes Sunset Review
• TDLR Releases 2021-2025 Strategic Plan
• Farewell to Katherine Vaughan, IHB Program Specialist
• Quiz Yourself
• Remote Video Inspections of Industrialized Housing & Buildings
• What Is External Static Pressure (ESP)?
• Coming Soon: 2020 National Electrical Code
• TDLR Responds to COVID-19: Putting Safety First, Now More Than Ever
• Mold Program Application Forms Updated
• Facility Owners & Texas Accessibility Standards (TAS)
• Code Enforcement Officers Updates
• Elevators: Certificate Extensions & Removing from Service
• TDLR Assists Applicants with Military Experience
• How Does Texas Help Improve Boiler Safety?
• Recent License Revocations
• Verify Your License Online
• How to File a Complaint
• Quiz Answers

A Note from Brian Francis

Welcome to the third issue of On The Level. In these challenging times brought on by COVID-19, TDLR continues our work despite these extraordinary circumstances, and I know many of you keep working as well. Many who will read this are deemed essential workers and on behalf of all Texans, I thank you for the services you provide. I hope that this email showing up in your inbox will help bring a small sense of normalcy, serving as a reminder that not everything has come to a complete stop. As always, my hope is that you find this information useful and informative. I'd like to highlight a couple of the articles: We're currently going through the Sunset Commission review process and I'm pleased to report that the Sunset staff recommended that TDLR continue on as a state agency for 12 more years. This is just the first step in the process, but I am encouraged that the Sunset staff sees the value in what we do. Be sure to check the Sunset Commission meetings page for the latest update on meeting dates. We've released our 2021-2025 Strategic Plan, which is the road map our agency will follow for the next four years. Our staff worked hard on the plan and received a lot of valuable input from our licensees and Texas consumers.   As I write this, most of my staff and leadership team are working safely from home, trying to continue as best as we can the important work we do each day to serve our licensed professionals and fellow Texans. We are still issuing licenses, responding to customer questions via phone, email and social media and learning to do our jobs in a whole new way. I know our lives, and our livelihoods, have been disrupted in a way no one has ever experienced before. Let's all remember that Texans are going through this together. And we will get through this, together. Yours in Service, Brian E. Francis Executive Director

TDLR Undergoes Sunset Review

The Texas Sunset Advisory Commission Staff Report on TDLR was released on June 4, and is posted here. The Sunset staff made many recommendations that the Commission is scheduled to consider in Austin in August. You can provide your thoughts to the Commission at the following meeting(s):

• Next public meeting (testimony): August 19-20, 2020 (tentative)
• Next public meeting (decision): September 23-24, 2020

TDLR Releases 2021-2025 Strategic Plan

AUSTIN – The Texas Department of Licensing and Regulation released its 2021-2025 Strategic Plan and Supplemental Schedule.

The TDLR Strategic Plan covers five agency goals for the next four years:

1. Fully implement and administer the recommendations resulting from the Sunset review process.
2. Improve efficiencies, streamline rules, and decrease regulatory burdens by removing redundancies and eliminating process bottlenecks for all TDLR programs.
3. Focus the agency’s regulatory and educational outreach efforts on protecting public health and safety, combating human trafficking, and preventing consumer harm.
4. Position TDLR to respond effectively to the next pandemic, natural disaster, or crisis.
5. Continue to streamline and improve administration of and services for programs transferred to TDLR.

The plan also includes the agency’s priorities for the legislative session that begins in January 2021:

• Improving the safety of residential elevators by requiring contractors to register with TDLR and submit plans for review before they can install elevator equipment in a single-family residence. An initial inspection of residential equipment also would be required.
• Allowing some of TDLR’s health-related professions (Dietitians, Dyslexia Therapy, Hearing Instrument Fitters and Dispensers, Orthotists and Prosthetists, Podiatry, and Speech-Language Pathologists and Audiologists) to permanently offer telehealth as a treatment option. During the COVID-19 stay at home orders, Gov. Greg Abbott temporarily approved telehealth services.
• Amending the Texas Open Meetings Act to allow for videoconferencing as a meeting option. This change would allow governmental bodies to make decisions and preserve public participation at a lower cost than traditional in-person meetings.

Farewell to Katherine Vaughan, IHB Program Specialist

Industrialized Housing and Buildings (IHB) Program Specialist Katherine Vaughan retired on January 31, 2020. Ms. Vaughan started with the IHB Program in 1994 and retired with more than 26 years of public service. Ms. Vaughan was instrumental in developing many of the program forms and procedures as well as the IHB database, which is still in use today. We were sad to see her go but are very happy for her and hope she enjoys her well-deserved retirement. Any questions you previously directed to Ms. Vaughan may be sent to either the shared IHB email box, IHBTech@tdlr.texas.gov or to the IHB phone line at (512) 539-5735. IHB program staff will be happy to assist you.

Quiz Yourself

Who is allowed by Texas ACR law to design an Air Conditioning System? Is it true that buildings and facilities which are certified historic sites do not have to be accessible? True or False, there are now standards for electrical inspector qualifications and the electrical inspection process? Do college sponsored trade classes count as College Classes? Does TDLR have jurisdiction over city and county officials on how they implement rules pertaining to their municipalities? Can shipping containers be used in the construction of housing and buildings under the IHB Program? How many jurisdictions regulate elevators in the State of Texas? And who are they? How many pressure safety valves are required for a power boiler with more than 500 square feet of water heating surface?

Remote Video Inspections of Industrialized Housing & Buildings

The Texas Industrialized Housing and Buildings (IHB) Program has developed procedures for “Remote Video Inspections” (RVI) that may be used in lieu of the regular in-plant inspection procedures required by Section 70.72 of the IHB Administrative Rules. These procedures are only in effect during the COVID-19 disaster declaration period, as determined by Governor Greg Abbott. Use of these procedures after the disaster declaration has expired will require approval of the Texas Industrialized Building Code Council. Section 1.2.1 of these procedures allow the use of electronic video methods as approved by the IHB Program. Currently these methods include Skype, Facetime, and Microsoft Teams. Other methods may be added in the future.

What Is External Static Pressure (ESP)?

External static pressure (ESP) is the measurement of all resistance in the duct system that the fan must work against. Resistance examples are filters, grills, A/C coils and the ductwork. It is the sum of the suction pressure (negative) and discharge pressure (positive) created by the equipment blower. The Cubic Feet per Minute (CFM) of a motor is directly related to the ESP. The higher the ESP, the lower the CFM.  The lower the ESP, the higher the CFM. If you know the ESP and have the Manufacturer’s Installation Instructions, you can determine the system CFM.

Coming Soon: 2020 National Electrical Code

The Texas Electrical Safety and Licensing Act requires the TDLR to adopt the revised National Electrical Code (NEC) as the electrical code for the state of Texas. On June 30, 2020 the Texas Commission on Licensing and Regulation adopted the 2020 NEC as the electrical code for the state of Texas and established it as the "minimum standard" for all electrical work in Texas covered by the Act. The effective date will be November 1, 2020 (delayed from the proposed date of September 1, 2020 due to COVID-19).

Expectations are that any non-exempt electrical work started on or after November 1, 2020 will have to be installed in accordance with the 2020 NEC. For purposes of clarification, the “start” of electrical work is the day the electrician begins installing electrical materials or equipment within the residential or commercial building structure. Inside the corporate limits of a municipality, electricians must abide by city permitting requirements and adhere to any local code amendments.

If you have questions about the NEC, contact TDLR's Chief Electrical Inspector Jerry Daniel at jerry.daniel@tdlr.texas.gov or Deputy Chief Electrical Inspector Larry Reichle at larry.reichle@tdlr.texas.gov

TDLR Responds to COVID-19: Putting Safety First, Now More Than Ever

Four months ago, most of us didn't know that COVID-19 existed. Now the virus has spread to almost every country, infecting millions of people whom we know about, and many more whom we do not. It has separated people from their workplaces and their friends and disrupted modern society on a scale that most living people have never witnessed.

We must put safety first in 2020 and beyond. Life as we knew it has changed and safety is the number one priority for each of us. To help keep our licensees ready and available to assist with combating the spread of the COVID-19 virus, TDLR requested authorization and received approval from Governor Greg Abbott to suspend certain regulatory requirements statewide. Waiving strict compliance with these regulatory provisions has alleviated burdens and ensured that services are not hindered or prevented during this very critical time.

Here are some of the actions TDLR has taken in response to COVID-19: 

• Waiving continuing education requirements for all licenses expiring in March, April, May, and June 2020. Licensees will still submit their renewal applications, pay the required fees, and have their criminal histories checked but they will not need to complete any required continuing education requirements this licensing cycle. (51.405, Occupations Code)
• Extending by 60 days all building inspection deadlines in the Elimination of Architectural Barriers program for any inspections due in March, April, and May in case any of those buildings need to be used immediately as part of COVID-19 response. (§469.105, Government Code)   
• Extending inspection times for Boilers and Elevators with permits that expire in March, April and May. Hospitals and other medical facilities will see increased demand in the coming weeks. Temporarily extending required inspections for boilers and elevators will allow healthcare operations to continue. TDLR investigators will respond in case of an accident or emergency.  (§754.019 and §755.025, Health and Safety Code)
• To maintain or improve public safety, TDLR issued a 60-day extension for construction projects that became overdue for their inspections during the months of March, April, and May 2020. In addition, for inspections that were performed during those months, TDLR allowed the proof of inspection form to be electronically signed on the day of the inspection in lieu of a written original signature at the inspection site. Starting in June, all owners are being notified of overdue inspections, and proof of inspection forms are to be signed at the inspection site. This means that projects with an estimated completion date of June 2019 are still responsible for the inspection by June 2020.

Mold Program Application Forms Updated

TDLR has updated the license application forms for Mold Assessment Consultant and Mold Remediation Contractor to clarify the education requirements that determine the amount of work experience required.

The forms now remind applicants that a copy of a bachelors or graduate degree, or an original or copy of an official transcript, are required to receive credit for a degree. This requirement also applies to the hours of acceptable coursework to determine the amount of work experience required to obtain a license. All classes must have been completed with a grade of C or better. A copy of the original high school diploma or a GED Certificate is required if applying with proof of high school completion.

The updated applications can be found on the Mold program homepage.

Facility Owners & Texas Accessibility Standards (TAS)

Additional Legislation from the 86th Session

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 Updates

COVID-19 presenting additional challenges

In the last legislative session, House Bill 2584 authorized Code Enforcement Officers to possess or carry an instrument used for deterring animal bites during the performance of their duties. TDLR has updated the rules to implement the law with an effective date of August 1, 2020. Code Enforcement Officers will have to complete a training course before they can possess or carry the instrument. Code Enforcement Officers are on the front line of defense for property maintenance and public health safety in our Texas communities. Due to COVID-19, officers now have even more on their plate. New city and county health rules have been moved to the forefront due to the virus. Officers across Texas have used a balance of education and enforcement for both essential and non-essential businesses. New responsibilities for many municipalities include enforcing the six feet rule and social distancing in order to ensure compliance with new COVID-related rules. Officers have been faced with the challenge of striking a balance between responding to the increased number of calls and keeping themselves and their families safe during the virus. TDLR stands ready to assist and support Texas Code Enforcement Officers with new license applications, renewals, or answering program-specific questions. Stay safe out there!

Elevators: Certificate Extensions & Removing from Service

In response to the COVID-19 Pandemic, TDLR granted extensions on Certificates of Compliance that expired in the months of March, April, May and June 2020. The building owner’s current certificate will not be considered expired during this period.

Once the extension expires, building owners will need to have their annual inspections done on time. If for any reason a building owner cannot have their equipment inspected, TDLR has a Removed from Service category which exempts the equipment from the annual inspection requirement.

The building owner may start the Removed from Service process by contacting a licensed elevator inspector. The equipment must meet the requirements of the Elevator Safety Rules, Sec 74.105, Standards of Equipment Removed from Service.

Once the equipment is removed from service, it must be shut down and its power locked off. In order to return an elevator to active service, an annual inspection must be completed.

Now more than ever, keeping elevators, escalators, and related equipment in compliance with TDLR rules and regulations helps ensure public health and safety.

TDLR Assists Applicants with Military Experience

As a current or former member of the Armed Forces of the United States, you may use your military experience and training to meet the requirements for a Texas occupational license. A new TDLR tool is now available to assist you in discovering the types of TDLR licenses for which you may qualify based on your experience and training. This easy-to-use webpage also includes licensing information for military spouses. https://www.tdlr.texas.gov/military/

How Does Texas Help Improve Boiler Safety?

On March 18, 1937 and explosion occurred in New London, Texas, at the London School. This explosion devastated the town of New London by killing more than 295 students and teachers. In response to this tragedy, in June of 1937, the Texas Boiler Law was enacted by the 45^th Texas Legislature.

Over the last eight decades, Boiler Program staff have worked diligently to prevent any accident, especially one of this magnitude, from occurring again.

The Boiler Program currently has approximately 53,500 boilers registered with regularly scheduled inspections occurring. Boiler inspections are only permitted to be conducted by Texas Commissioned Boiler Inspectors. To obtain a Texas Boiler Commission, the inspector must be employed by TDLR or an Authorized Inspection Agency who is registered with TDLR. In all cases, the Commissioned Inspector must have passed a written examination proving their experience and ability to conduct such inspections.

Currently the Boiler Program is made up of 17 Commissioned Inspectors, who reside in the area of Texas where they conduct inspections, and there are approximately 250 Commissioned Boiler Inspectors employed by Authorized Inspection Agencies who ensure boilers in Texas are safe to operate.

With the enactment of the Texas Boiler Law, the Texas Administrative Boiler Rules were also established. As technology has advanced, the administrative rules have been -- and will continue to be -- modified to keep up with those advancements.

TDLR conducts a two-day audit of more than 800 ASME and National Board Code shops in Texas. This is an audit of the company’s quality control system for companies that manufacture or repair boilers and pressure vessels in Texas. TDLR has currently 6 inspectors with the Commissions and Endorsements to conduct these audits.

Rule Change:

January 24, 2020 – Amendment adopted to Rule 65.12 which removes “under glass” from the requirement to post a boiler’s certificate of operation in a conspicuous place on or near the boiler for which it is used.

COVID-19 Impact:

Currently all Boiler staff are working from home and using their time effectively. Among their activities: They verified and corrected information to the Jurisdiction Online program. When not verifying this information, staff used professional development courses with LinkedIn Learning.

Procedures have been developed for Deputy Inspectors and Authorized Inspection Agency’s Inspectors to safely return to performing inspections.

Recent License Revocations

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. 

 Name                              Program                                                  Location                    License Type

Verify Your License Online

Do you need a verification of your license? You can do that online! The link can be found on the right side of your profession’s program webpage, or you can go directly to https://www.tdlr.texas.gov/verify.htm.  

You can also search for a license by name, profession, or license number. It’s quick, easy, and always available!

How to File a Complaint

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. HOW TO FILE A COMPLAINT- 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.

Quiz Answers

1. A Licensed ACR Contractor & a person who is licensed as an engineer under Chapter 1001 of the Texas Occupations Code.
2. Historic facilities can change slightly from standard compliance requirements with the Texas Accessibility Standards, but only in those parts of the renovations which include accessible routes, entrances and toilet facilities. Otherwise, historic facility renovation should make the facility accessible. Access for all!
3. True
4. If the classes are listed on an official transcript from an accredited college, then the classes will count. If classes are not listed on an official transcript, then the classes will not count.
5. No, TDLR has no jurisdiction over cities or counties.
6. Yes, manufacturers can use shipping containers to construct modular housing and buildings if the containers have a listing from ICC Evaluation Services (ICC ES) showing that they can be used as the source of structural and non-structural building materials provided that the containers are used in accordance with the conditions of the listing. Current listings of shipping containers that can be used in constructing modular housing and buildings can be found here.
7. The State of Texas through TDLR and The City of Houston through the City of Houston Permitting Center.
8. Two or more safety valves.