Welcome to the seventh edition of On the Level, our newsletter for our professionals in the building trades. We are pleased to bring you news from TDLR several times a year and hope that you find it helpful.

I am excited to serve as your new Executive Director. I am proud to lead TDLR and look forward to taking the agency to the next level of responsiveness to our licensees and stakeholders. On behalf of the entire agency, we invite your suggestions about what we can do to improve our distribution and content.

Please don't hesitate to reach out if you ever have concerns about TDLR and how we serve you.

Regards,

Mike Arismendez, Jr., Executive Director

Did you know that it is the escalator rider's responsibility to enter, ride and exit an escalator in a safe and orderly fashion?

The rider must pay attention to where they're standing on the escalator step and they must hold onto the handrail. The rider should be aware that they are riding a “conveyor” that transports people from one landing to another. (Yes, the modern escalator has hundreds of safety devices and circuits to protect the rider, but the escalator is still a machine that can break down.)

If you're riding an escalator and notice something that does not seem right, please report that to the building manager immediately, to help prevent any mishaps or accidents.

If you are riding an escalator with small children, please take care that they are riding the escalator properly. Always hold their hand.

Just being aware of what you are doing while riding an escalator will help ensure everyone a safe ride.

The Elimination of Architectural Barriers Program is in the process of updating the Texas Accessibility Standards (TAS) to clarify existing standards and incorporate new standards, such as electric vehicle charging stations and outdoor recreation areas.

TDLR accepted public comments on the proposed changes for a month earlier this year, and we received many helpful suggestions. TDLR staff and small groups of stakeholders are reviewing the comments to finalize the text. Once the 2022 TAS is finalized, the Architectural Barriers Advisory Board will formally review it and then send it to the Texas Commission for Licensing and Regulation for final approval and adoption.

The Elimination of Architectural Barriers (EAB) law is meant to ensure that buildings and facilities constructed or altered in Texas are accessible and functional for all persons with disabilities. The statute requires compliance with TAS.

State agencies are required to conduct rule review of their regulations every four years, and TDLR has started a review of mold remediation regulations.

The Mold Assessors and Remediators Program transferred from the Texas Department of State Health Services in 2017; this is the program's first rule review under TDLR.

Under review: enforcement, inspection, and license requirements. We are reviewing rules to see whether they protect consumer health and finances, as well as remediation workers, and whether it's possible to enact rules for improved records creation and retention.

Also under review: problems in making and amending notifications, completing proper protocols and work plans, or conducting remediation in a safe and effective manner.

The Department received 42 written and oral public comments requesting one or more amendments to the rules.

Many comments supported amendments to define and narrow the scope of mold license holders' advice to consumers; to revise the definition of "indoor air"; to include air sampling protocols and requirements to adhere to recognized mold remediation standards; and to increase options for mold training and education.

The Department will take these comments under consideration for a possible future rulemaking because any amendments must be made using the standard rulemaking process.

1. Who is credited with inventing the escalator?
2. What are the Texas Accessibility Standards used for? 
3. Are attics vented to the outside considered “Indoor Air”?
4. Does a Code Enforcement Officer in Training (CIT) who completes their one year of experience before the expiration of their CIT registration have to complete the CIT term of their registration? 
5. Texas Boiler Rule 65.206 (a) (1) requires the carbon monoxide detector and boiler(s) shall be interlocked to disable the burners. What methods of interlock are allowed in order to meet this requirement?
6. What two types of heat are absorbed by an evaporator in an air conditioning system?
7. Do the portable buildings sold at Home Depot come under the IHB program?
8. What edition of the NEC are ALL Electricians in the state, inside and outside of a municipality, required to install electrical work by?

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.

In the last On the Level, we discussed Rule 65.206 regarding the requirement for Carbon Monoxide Detector be installed in all boiler rooms equipped with (new installation) equipment that can produce Carbon Monoxide (CO). Almost two years have elapsed since the beginning of enforcement of this rule on Sept, 1, 2020.

TDLR has approved some Requests for Variance in situations where boiler shutdown can result in a substantial financial loss to stakeholders. The conditions for approval of the variance require that additional measures to be taken to ensure that boiler rooms maintain protection from boiler emissions.

Conditions for Variance include:

• A 24-hour monitoring system installed in conjunction with the CO detector. The monitoring system shall alert owner/operator(s) of presence of Carbon Monoxide, thereby allowing corrective action to avoid boiler shutdown.
• With the remote monitoring system installed, the CO detector may send an alarm to the owner/operator at 50 ppm and shall disable the boiler burners at 200 ppm.

To request a variance like the one above, complete TDLR form 010BLR and submit it to boilers@tdlr.texas.gov or you may make the request via the TDLR online permit portal.

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.

You may not be aware that Chapter 608 of the Texas Business & Commerce Code was amended during the 87th Legislature (Regular Session) to note that a manufacturer's warranty on an air conditioning system transfers automatically to a new owner if the residential property is sold. House Bill 2110 became law on September 1, 2021.

The amendment reads:

Chapter 608. Manufacturer's Warranties on Air Conditioning Systems

Sec. 608.002. Transfer of Manufacturer's Warranty.

(a) If residential real property that includes an air conditioning system as a fixture to the property is conveyed to a new owner, a manufacturer's warranty in effect on that system or a component of that system on the date of the conveyance:

(1) is automatically transferred to the new owner; and

(2) continues in effect as if the owner was the original purchaser of the system or component as applicable.

(b) A warrantor continues to be obligated under the terms of a manufacturer's warranty agreement for a warranty transferred under this section and may not charge a fee for the transfer of the warranty.

(c) The transfer of a manufacturer's warranty under this section does not extend the original term of the warranty agreement. 

The modular building industry in the U.S. has grown dramatically, literally doubling in size over the past five years and now accounting for $8 billion in revenue annually.

Growth in the modular industry is fueled by a few key differentiators. Modular building solutions are popular because they offer:

• Lower cost
• Faster production
• Waste reduction
• Eco-friendliness
• Ultimate flexibility

Even if the modular construction project is completely custom, a modular building project can take 50% less time than traditional construction.

This efficiency isn’t just about quick turnaround, it also means less time spent on construction sites, which is better for the environment. These value drivers are just a few reasons this kind of construction is taking off.

The market itself reflects the diverse industries that are benefitting from alternative construction methods.