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(a)All provisions of §295.321 of this title (relating to Minimum Work Practices and Procedures for Mold Assessment) shall apply to the assessment of mold in HVAC systems. (b)All provisions of §295.322 of this title (relating to Minimum Work Practices and Procedures for Mold Remediation) shall apply to the remediation of mold in HVAC systems. (c)Disinfectants, biocides and antimicrobial coatings. A licensee under this subchapter may apply a disinfectant, biocide or antimicrobial coating in an HVAC system only if its use is specified in a mold remediation protocol, 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 in potentially affected areas prior to the application. The licensee shall follow all manufacturer's label directions when using the product. (d)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 adoption has been
reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 26, 2004
TRD-200402751 Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: May 16, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 458-7236
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