Texas Register

TITLE 25 HEALTH SERVICES
PART 1TEXAS DEPARTMENT OF HEALTH
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER JTEXAS MOLD ASSESSMENT AND REMEDIATION RULES
RULE §295.323Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems
ISSUE 01/30/2004
ACTION Proposed
Preamble No Rule Available

(a)Disinfectants, biocides and antimicrobial coatings. A licensee under this subchapter may apply a disinfectant, biocide or antimicrobial coating in an HVAC system only if it is registered by the EPA for the intended use and if the use is consistent with the manufacturer's labeling instructions. The licensee shall apply the product only after the building owner or manager has been provided a material safety data sheet for the product, has agreed to the application, and has notified building occupants prior to the application. The licensee shall follow all manufacturer's label directions when using the product.

(b)Other license requirements. Persons who perform air conditioning and refrigeration contracting (including the repair, maintenance, service, or modification of equipment or a product in an environmental air conditioning system, a commercial refrigeration system, or a process cooling or heating system) must be licensed by the Texas Department of Licensing and Registration, as provided under the Texas Occupations Code, Chapter 1302 (relating to Air Conditioning and Refrigeration Contractors). A person who performs biomedical remediation as defined under 16 TAC, §75.10(5) (relating to Definitions) must be licensed by the Texas Department of Licensing and Regulation in accordance with 16 TAC, Chapter 75 (relating to Air Conditioning and Refrigeration Contractor License Law) unless exempt under 16 TAC, §75.30 (relating to Exemptions) or 16 TAC, §75.100 (relating to Technical Requirements).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 16, 2004

TRD-200400344

Susan K. Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: February 29, 2004

For further information, please call: (512) 458-7236



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