Welcome to the fourth edition of TDLR On the Level, TDLR’s newsletter for our building trades community. In our July 2020 edition, I reported to you on the progress of TDLR’s Sunset review, which was then still underway.

Since that time, the Sunset Advisory Commission issued their report which contained recommendations for the future of TDLR, and those recommendations became legislation: House Bill 1560, 87^th Legislature, authored by Representative Craig Goldman of Fort Worth and sponsored by Senator Dawn Buckingham of Lakeway. I am now pleased to report that HB 1560 was passed by the 87^th Legislature and signed into law by Governor Greg Abbott on June 15, 2021.

What does this mean for the agency and for you? For starters, it means the agency is continued until 2033, when we will undergo our next Sunset review. One of the biggest changes to impact the building trades community: TDLR is now able to form interdisciplinary advisory boards so that we can coordinate the expertise and input from similar industries.

For example: imagine how great it would be if we could bring together members of the Air Conditioning & Refrigeration Contractors Advisory Board with the members of the Electrical Safety Advisory Board in a public meeting to discuss the impact of future code changes? Or the members of our Texas Industrialized Building Code Council, Architectural Barriers Advisory Committee, and Code Enforcement Officers Advisory Committee? Thanks to HB 1560, this kind of common-sense efficiency and practicality will now be possible, and we fully intend to move forward with interdisciplinary boards.

In addition, HB 1560 allows us to continue to hold advisory board meetings via videoconference if the board wishes to do so – something we’ve proven during COVID-19 can happen without any detriment to public input or transparency. In fact, we think it allows for more public input and participation, especially for those Texans in rural areas, or just a long way from Austin. And TDLR will now be allowed to call advisory boards to meet on an as-needed basis when there is work to be done, rather than because the calendar says the board is required to meet – those statutory requirements to hold meetings were removed by HB 1560.

Another change I’m excited about: our Enforcement division will now be able to prioritize complaints based on the risk the pose to the public. We think this will make our complaint system much more effective and hopefully lead to greater participation from industry and the public.

There’s much, much more in HB 1560 that will be bring big changes to other areas of TDLR, but for our building trades community, this legislative session was relatively quiet.  There were no other major bills impacting our building trades programs – something I’m sure we all can appreciate for a change!

Please be on the lookout in the weeks and months ahead for emails from TDLR about upcoming advisory board meetings, stakeholder summits, and information on rule and program updates. There’s a lot of work ahead for TDLR and Texas in 2021 and beyond, and I am excited to see where we go together.

Yours in Service,

Brian E. Francis, Executive Director

The Texas Commission of Licensing and Regulation adopted the 2020 National Electrical Code (NEC) as the electrical code for the state of Texas as of Nov. 2, 2020.

However, in May 2021, the Commission voted to delay the effective date of section 210.8(F) until Jan. 1, 2023, because compliance with that section poses an imminent threat to public health and safety by interfering with the proper functioning of certain types of air conditioning and heating systems. 

William Weatherly, TDLR Program Chief and Chief Inspector for Air Conditioning and Refrigeration, said that adding GFCI protection to air conditioning and heat pump equipment that uses DC Inverter technology -- as required by the 2020 NEC -- can cause repeated tripping of the circuit protection, making the systems effectively inoperable.

What does Section 210.8(F) of the 2020 NEC do?

Section 210.8(F) of the 2020 NEC requires that certain outdoor outlets for dwellings supplied by single-phase branch circuits rated 150 volts to ground or less, 50 amperes or less, have ground-fault circuit-interrupter (GFCI) protection. The emergency rules adopted by the Commission would remove this requirement until January 1, 2023.

Why is this change being made?

There have been widespread reports of certain types of air conditioning units connected to a GFCI device not being compatible with the GFCI protection, which causes the GFCI device to trip. This incompatibility poses a substantial risk to the health and safety of all Texans who rely on air conditioning, especially during the summer months.

What does this change mean for electricians and air conditioning and refrigeration contractors?

Beginning May 20, 2021, neither electrical contractors nor air conditioning and refrigeration contractors are required to comply with the requirement of Section 210.8(F) of GFCI protection for certain outdoor outlets until January 1, 2023.

A code-compliant installation, with emphasis on a proper bonding of the equipment to the equipment grounding conductor and to the electrical grounding system, will ensure electrical safety for fault conditions, even when terminated to a normal overcurrent protection device.

More on the 2020 NEC

The 2020 NEC is the "minimum standard" for all electrical work in Texas covered by the Texas Electrical Safety and Licensing Act. 

Chapter 1305.201 of the Act gives municipalities the authority to make local amendments to the 2020 NEC; however, any proposal to amend these standards should be done in accordance with NEC 90.4, which stipulates "the authority having jurisdiction may waive specific requirements in this Code or permit alternative methods where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety."

Any non-exempt electrical work -- other than the exemption listed above -- started on or after November 1, 2020 must be installed in accordance with the 2020 NEC.

To clarify: 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, the start date is the permit date. Electricians must abide by city permitting requirements and adhere to any state code amendments by the municipality.

As of Nov. 1, 2020, all licensing examinations for Texas electrical licenses are based on the 2020 NEC. Texas electrical licensing exams are available through PSI, the testing vendor selected by TDLR to develop, maintain and administer the examinations.

Licensing candidates should carefully review the Candidate Information Bulletin (CIB) for detailed and helpful information regarding the examinations

Texas HVAC/R contractors will no doubt be pleased to learn about House Bill 871, which was passed by the 87th Texas Legislature and signed into law by Governor Greg Abbott on June 4, 2021. 

HB 871 explicitly prohibits municipalities from charging heating, ventilation, air conditioning, and refrigeration contractors a registration fee. It also explicitly states that building permit fees are not prohibited. The language in HB 871 mirrors the language in the electricians' section of the Occupations Code which prohibits the registration fees being imposed on them.

Prior to the enactment of a statewide license for HVAC/R contractors, each municipality issued its own license. After the statewide license went into effect, municipalities began charging contractors a registration fee to do business within the city limits, which replaced the cities' revenue from the former license fee. In metropolitan areas, HVAC/R contractors report paying multiple municipal registration fees which can total thousands of dollars. 

HB 871 was authored by Representative Geanie Morrison of Victoria, Representative Gary Gates of Richmond, and Representative Ryan Guillen of Rio Grande City. The Senate sponsor was Senator Lois Kolkhorst of Brenham. This new law is effective Sept. 1, 2021. To read HB 871, visit Texas Legislature Online. 

1. What is the minimum required clear floor space needed for a water closet? 
2.  Which type of lubricant is not miscible with HFC refrigerants, so it cannot be used with them?
3.  At what parts per million is a carbon monoxide detector required to secure the burners of a boiler that is installed inside a boiler room?
4. Does TDLR law or regulation give a code enforcement officer the right to issue a citation?
5. If you are a a Texas Electrical Contractor Licensee (TECL), Texas Sign Contractor Licensee (TSCL) or Texas Residential Appliance Installation Contractor Licensee (TICL), and you have a municipality permit that is dated October 31, 2020, which state code would you have to be code compliant with?
6. Are elevators in Texas required to be fitted with door restrictors?
7. Can unlicensed entities or persons performing mold-related activities in Texas complete the Certificate of Mold Damage Remediation (CMDR)?

Even if alteration projects do not change how an area of primary function is used, path of travel elements still must comply with the Texas Accessibility Standards (TAS).

Alterations that affect – or could affect – access to an area containing a primary function or its usability extend the compliance requirements for path of travel elements to cover the altered area. (TAS 202.4) Path of travel elements include the route to the altered area, parking areas, restrooms, telephones, and drinking fountains serving the altered areas.

Here are questions to consider when determining whether alterations could extend compliance requirements:

• Is the altered area a primary function space?
  • If the area in question is a space that the facility must have in order to function, it’s a primary function space.
• Will the scope of a project alter or affect the usability of a space?
  • If the scope alters or affects a space’s usability, further compliance with TAS 202.4 is required.

Here’s an example:

An office building must have offices, and probably conference rooms, to be a functioning facility. The offices and the conference rooms are considered primary function areas. But office buildings do not have to have break areas to be a functioning facility, so those are not considered to be an area of primary function.

The office conference room project will add cabinetry and counter tops to provide space for snacks or printed information. The scope of work doesn’t change the space’s function but does affect its usability, triggering the additional path of travel elements to comply with TAS.

As Texas and the nation continue to reopen, IHB program employees have fewer locations on the "No Go" list for inspections. Certification inspections have mostly returned to normal, even when our licensees are located out of state.

The COVID-related shutdowns allowed us to test several improvements that will remain in our toolkit in the future:

• We'll continue conducting Remote Video Inspections (RVI)
• We'll continue conducting Redbook Reviews (manufacturer orientation) via videoconferencing
• We'll continue receiving all design documents and Compliance Control Manuals digitally

And we're looking forward to deploying an online payment system for ordering decals and paying bills. We'll have more on that project as it nears completion. 

As always, if you need assistance from the IHB team, please email us. 

The American Society of Heating, Refrigerating and Air-Conditioning Engineers have released guidelines for HVAC operations post-COVID:

• Increase ventilation rates.
• Increase minimum outside air damper percentage for increased air changes.
• Do a Pre-Purge & Post-Purge: start and run HVAC System at least two hours before and two hours after building occupancy.
• Utilize minimum MERV 13 air filtration
  • 2” pleated MERV 13 filters are readily available, relatively inexpensive, and should not overtax a commercial HVAC system.

Previous research has found that, at typical indoor temperatures, relative humidity (RH) above 40 percent is detrimental to the survival of many viruses, including SARS-CoV-2. Maintaining a RH (Relative Humidity) between 40 percent and 60 percent indoors is also the optimal level for occupant comfort.

As we move out from under COVID-19 related restrictions, TDLR Boiler Program staff are conducting both boiler inspections and ASME /NB Joint Reviews.

Some Authorized Inspection Agencies have not been released by their management to perform boiler inspections at this time.

In Case You Missed It: 2020 Rule Changes

• Rule 65.206 was amended on July 1, 2020, to require a Carbon Monoxide Detector be installed in all boiler rooms equipped with equipment that can product Carbon Monoxide (CO). The detector is required to be interlocked with all boilers installed in the boiler room and secure the burner of the boiler if the CO level raises above 50 parts per million (ppm)
• Rule 65.64 was amended on Sept. 1, 2020, to elaborate on the provision in Texas Boiler Law 755.026 that permits that the internal inspection interval be extended.

How does Texas help improve boiler safety?

Approximately 53,500 boilers are registered in Texas. The Boiler Program ensures that the boilers are inspected on a regular schedule. 

The TDLR Boiler Program has one Chief Boiler Inspector and 17 Deputy Boiler Inspectors. Approximately 250 Boiler Inspectors employed by Authorized Inspection Agencies also perform inspections. Only Texas Commissioned Boiler Inspectors may perform inspections. Six inspectors have the needed commissions and endorsements to conduct shop audits as well.

To obtain a Texas Boiler Commission, the inspector must be employed by TDLR or an authorized inspection agency that is registered with TDLR and they must pass a written examination proving their experience and ability to conduct such inspections.

TDLR also conducts a two-day audit of more than 800 ASME and National Board Code shops in Texas. The audit checks the quality control system for companies that manufacture or repair boilers and pressure vessels in Texas. 

TDLR staff members have not been immune to the challenges presented by COVID-19, and we regret that some services are taking longer than usual.

We're actively working to improve our response times and appreciate your continued patience.

Standard plan reviews are currently taking approximately 6 to 8 weeks from the deposit date of the plan review service fee.

If the filing Registered Contractor has not received an e-mail with the equipment’s plan review results 8 weeks from the associated fee’s deposit date, please reach out to our Chief Elevator Inspector Jim Murnan or our Deputy Chief Elevator Inspector Carmon Marshall.

Consumer Protection Information Available

TDLR has a number of consumer protection documents on our website, including one dealing with elevator safety.

A CMDR certifies that mold contamination identified for a specific project has been remediated and whether the underlying cause of mold has been corrected. The CMDR can only be issued and signed by a licensed mold assessor or a licensed mold remediator.

The CMDR can certify either instance below:

Mold damage has been treated:

• a licensed remediator consultant has treated the damage caused by mold at this property and was issued to the property owner within 10 days after completing the work. Treatment can include removing, cleaning, sanitizing, and preventing mold damage.
• A licensed mold accessor consultant or an insurance adjuster certifies that damage caused by mold at this property has been treated (remediated). With reasonable certainty, the underlying causes of the mold have been treated so mold will not return and that a report was given to the property owner.

No damage was found:

• A licensed mold accessor consultant certifies that this property was inspected and did not find signs, or evidence, of any mold damage. A copy of the report was given to the property owner.

If the property is sold within 5 years the CDMR was signed, then the property owner must provide a copy of the CDMR to the buyer.

Do you need a verification of your license? You can do that online! Find the link on the right-hand side of your profession's program webpage.

Reminder: You can renew online using a credit card instead of mailing in a paper form and a check whenever possible, as online renewals are automated and processed within a week of receipt.

Applicants for new licenses should check the TDLR website to see whether their license type allows for original applications to be submitted online. If so, they should apply online and submit documents electronically to help speed up the licensing process.

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. 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.

Although TDLR accepts anonymous complaints, you must provide your name and contact information when you submit the complaint if you want to receive information about the status or progress of your complaint.

Please note that 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.

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

TDLR has an active social media presence that provides useful information about our agency and its programs on Facebook, Twitter and Instagram. These accounts are great resources for everyone, providing the latest TDLR news and information 

We even have a YouTube channel that carries Commission and advisory board meetings, important licensing information and useful tips for everyday life.

If you're not already following us, please take a moment to follow us on:

• Facebook: @TDLRLicense
• Twitter: @TDLRLicense
•  Instagram: @TDLRLicense

YouTube: TexasLicensing