A Happy new year to you and yours! We here at TDLR are already busy -- the 88th session of the Texas Legislature kicked off last Tuesday, and we are already monitoring many of the bills that have been filed.

I'd like to urge you to bookmark our Legislative Update page (more information is in the article below) and make a note to check back occasionally for any bills that may affect your license.

If you see a bill you feel strongly about, please reach out to your State Representative or State Senator and let them know your thoughts. They want to hear from you - and your input is an important part of the legislative process. If you aren't sure who represents you in the Texas Legislature, you can look that up on the Texas Legislature's website.

Thank you for all you do to make Texas a special place to live and work. As always, if you have any questions or concerns, please email me. I want to hear from you.

On January 10, 2023, the Texas Legislature convened in Austin to inaugurate the 88^th Regular Session. In accordance with the Texas Constitution, lawmakers gather every other year for 140 days to conduct the business of the Great State of Texas. The session is scheduled to end May 29, 2023.

Throughout this session, you can keep up with legislation that may impact the building and professional trades by visiting TDLR’s 88^th Texas Legislature webpage. There you will find bills listed by program that may have some impact or be of interest to you and those in your industry.

Clicking on the bill number in blue text will take you to the Texas Legislature Online (TLO) page for that particular bill. You can read the text and history of the bill, and find out where it is currently in the legislative process. The TLO website offers some very helpful resources for learning about how to follow a bill: How to Follow a Bill Using TLO

As always, TDLR’s government relations team and executive leadership will be following the action closely at the Legislature, and we will do our best to keep your advisory boards and stakeholders in the loop on any pending legislation. Please feel free to reach out to us with any questions on legislation at government.relations@tdlr.texas.gov and we’ll be glad to get you answers.

Elevator and escalator equipment must be properly maintained by a licensed elevator contractor and inspected annually by a licensed elevator inspector.

When you properly maintain your equipment and have inspections performed as required, it's easier to detect emergent issues, decrease downtime and promote rider safety.

If you're a building owner, ensuring that your equipment adheres to specified codes and regulations and operates safely can provide peace of mind.

To locate Elevator Contractors and Inspectors, please visit the TDLR License Data Search.

TDLR is in the process of a state-required 4-year review of the Code Enforcement Officer (CEO) rules and regulations to improve the efficiency and implementation of CEO regulations.

TDLR needs your participation in this review, so be sure to sign up to receive our Code Enforcement Officers program email updates, which will include invitations to comment on the rules.

TDLR will post proposed rules changes on the Texas Register, and if you're signed up to receive messages from TDLR, you'll receive an email notice that the rules have been posted - and you will have 30 days to comment on the proposed changes. Your input is an important part of this rule review.

The Texas Department of Licensing and Regulations would like to take a moment to recognize Mrs. Faye Branch Williams for her relentless support of the Code Enforcement Officer Program and her community.

Mrs. Williams is a graduate of East Texas State University and started work with the City of Dallas in 1979. She became a Code Enforcement Officer with the city in 1988. Over the years, she has served as a Code Enforcement Officer, a supervisor and a director with the City of Dallas.

Mrs. Williams has been a member of the American Association of Code Enforcement, the Code Enforcement Association of Texas (Past President), the Code Standards Institute: Texas, Inc. (Past President, current Executive Director), the City of Dallas Black Employees Support Team (Past Coordinator), and numerous other civic groups, including Delta Sigma Theta Sorority, Inc., serving as the Dallas Alumnae Chapter President from 1989 to 1991.  

Since July 2012, Mrs. Williams has taught CEO classes for the Texas A & M Engineering Extension Service (TEEX) that are required to become a Code Enforcement Officer.

We greatly appreciate Mrs. Williams' dedication to the Code Enforcement Officer program in Texas. Thank you for your service!

For several years, TDLR has contracted with the Texas Department of State Health Services (DSHS) to perform mold inspections on TDLR’s behalf because TDLR does not have staff with the training and skillset to perform these inspections.

DSHS notified TDLR that, as of August 31, 2022, it would no longer conduct mold inspections on our behalf.

We are currently evaluating the use of alternate third-party inspectors and developing a request for proposals for mold inspection services to determine if that solution will be cost-effective and beneficial from a regulatory standpoint.

TDLR will evaluate the effectiveness of alternate third-party inspections during the 2023 fiscal year.

Carbon monoxide is a colorless, odorless gas that can kill – and it is produced by boilers and other equipment commonly used in commercial buildings where people work and sleep, including apartment buildings, hotels, dormitories, and hospitals.

A state rule adopted in July 2020 requires that building owners install carbon monoxide detectors in all boiler rooms when they are installing new boilers that can produce carbon monoxide, along with interlocks that can automatically shut down malfunctioning equipment. TDLR began enforcing the rule in September 2020.

TDLR now recommends that building owners consider installing carbon monoxide detectors in all boiler rooms and mechanical rooms that have equipment that could produce carbon monoxide. An estimated 35,000 boiler rooms in Texas need retrofitting to make them safer.

“It’s scary to think that many schools, hotels, and apartment buildings don’t have a basic piece of equipment that could alert people when carbon monoxide is present. That is why I always carry a personal CO detector when I travel, and I have outfitted my home with multiple CO detectors,” said Chief Boiler Inspector Rob Troutt. “Recent incidents across the United States and in popular foreign tourist areas have demonstrated the importance of proper maintenance and the need for personal and commercial carbon monoxide detectors.”

The manager of an apartment complex in Plano decided that spending the money to prevent carbon monoxide poisoning made more sense than waiting for someone to become ill or to die from exposure to the colorless, odorless gas.

The Creekside Village Apartments has four boiler rooms that recently were retrofitted for a total of about $10,000.

“In the long run, you will save money and save people from getting hurt,” said Daurys Castillo, manager of the Creekside Village Apartments.

Retrofitting existing boilers in a boiler room can be quite costly, but there are less-expensive steps that building owners can take to make their properties safer, including installing a CO detector in the boiler room with an audible alarm that’s located outside the boiler room.

Sometimes, bringing newly installed boilers or an existing boiler into compliance with the new rule could result in a substantial financial hardship for owners if their manufacturing machinery were to suddenly shut down without warning. In certain situations, TDLR has approved variance requests if the owner agrees to the following:

• A 24-hour monitoring system must be installed in conjunction with the CO detector, and the system shall alert the owner/operator(s) that carbon monoxide is present so corrective action can be taken to avoid a sudden boiler shutdown.
• With the remote monitoring system installed, the CO detector sends an alarm to the owner/operator at 50 ppm and shall disable the boiler burners at 200 ppm.

Building owners can contact 512-539-5716 for more information about retrofitting equipment or obtaining a variance.

Heat pumps can meet the entire home heating needs, however single or dual-speed systems will likely rely on electric resistance heating at temperatures below freezing which is the most expensive form of heating and puts the most strain on the electric grid when in this mode of operation.

Variable speed systems offer greater opportunity for cold climate heating because the compressor is not limited to the 60 Hz.

However, variable speed heat pumps do not mean that all systems are cold climate capable. Make sure you ask for a cold climate heat pump that are made with different compressors which some manufacturers can provide effective heat below-freezing temperatures without electric resistance. 

Consumers should ask for manufacturers performance of heating (Btu) output at various temperatures when making decisions. Depending on your climate you may need to choose different speeds (dual-staged or variable speed) or different types (geothermal or air-source) of units. As a result, if you live in a cooler part of the state that experiences harsher winters it may make more sense to install a variable speed air source unit.

While someone living in a warmer climate that experiences fewer heating days may need a single-stage unit. You may also want to keep your current furnace and consider a retrofit to the furnace that converts to a heat pump providing full cooling and efficient heating with the confidence of a furnace backup or for choosing the most economical fuel heating option.

References:

• US Department of Energy: https://www.energy.gov/energysaver/heat-pump-systems
• Texas State Energy Conservation Office: https://comptroller.texas.gov/programs/seco/
• SPEER https://eepartnership.org/heat-pumps/
• Texas Department of Housing and Community Affairs LIHEAP Program: https://www.tdhca.state.tx.us/community-affairs/ceap/index.htm
• ENERGYSTAR: https://www.energystar.gov/productfinder/water-heater-installers-by-state/TX

In the 1800s pre-assembled homes were built in New York and then shipped across the country to California to help quickly establish cities and towns during the gold rush.

In 1908, the Sears Roebuck & Co. catalog began selling “kit homes” and this was the first step to the modular housing we know today.

In 1913, with the help of Richard Sears ingenious advertising techniques and the introduction of the assembly line by Henry Ford, manufactured homes began to surface as a housing possibility to the public.

In 1958, the first double section off-site home was constructed to the local building codes, and thus the modular housing industry was born.

Fast-forward to today, modular structures are constructed in all shapes and sizes, can consist of multiple sections, and they are used for everything from single family homes to hospitals, classrooms, office building and even multistory high-rise projects.

Accessibility is everyone’s responsibility:

• Local municipalities are responsible to ensure that subject construction projects are registered with TDLR before they can issue building permits.
• Texas Government Code Chapter 469 (Elimination of Architectural Barriers) requires facility owners to ensure that their construction projects comply with the Texas Accessibility Standards (TAS).
• Owners must have a Registered Accessibility Specialist (RAS) review their plans and have one year from the completion of construction to get an inspection done.
• Licensed design professionals are required to provide plans to the RAS within 20 days of issuance. This confirms that facilities are planned with accessibility in mind.
• Even those not involved in the design or construction of a project can help, by filing a complaint on any facility they see that does not meet accessibility requirements.

Everyone should do their part to make Texas accessible to all.

Our Chief Elevator Inspector, Jim Murnan, retired at the end of December 2022.

The Elevator / Escalator Safety program will surely miss the laughs he brings to the office, the comradery he cultivated within our team, and his wealth of elevator knowledge!

We wish Jim only the very best during his retirement.

Now he has more time to volunteer at the fire department and hopefully will put out more actual fires…no more having to worry about putting out the figurative day-to-day work fires! Congratulations and farewell, Jim!

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.