| (a) The Act and this chapter do not apply to those
persons exempt under Occupations Code, Chapter 1302, with the following
clarifications:
(1) persons who conduct air conditioning and refrigeration
contracting, who are employed by a regulated electric or gas utility
facility and perform those services in connection with the utility
business in which the person is employed;
(2) a person who engages in air conditioning and refrigeration
contracting in a building owned solely by the person as the person's
home and who does not engage in the occupation of air conditioning
and refrigeration contracting for the general public. This exemption
applies only to the homeowner and not to others who may attempt to
assist the homeowner;
(3) those who hold a valid Certificate of Authorization
issued by the American Society of Mechanical Engineers or The National
Board of Boiler and Pressure Vessel Inspectors that are:
(A) appropriate for the scope of work to be performed,
and
(B) performed solely on boilers as defined in Chapter
755 of the Health and Safety Code; and
(4) persons who install, repair, or remove a vent hood
of the type commonly used in residential and commercial kitchens,
as long as the person does not install, repair or remove any other
part of the exhaust system.
(5) persons who engage in air conditioning and refrigeration
contracting regarding:
(A) a portable or self-contained ductless air conditioning
product that has a cooling capacity of three tons or less;
(B) a portable or self-contained heating product that
does not require the forced movement or air outside the heating unit;
(C) environmental air conditioning equipment that is
intended for temporary use and is not fixed in place; or
(D) a residential refrigerator, freezer, or ice machine.
(6) a student enrolled in a certification training
program or career and technology education program who acts or offers
to act as an air conditioning and refrigeration technician solely
as part of the program and is enrolled at a public high school or
an institution of higher education.
(b) Unlicensed general contractors may bid or contract
for a job that includes air conditioning or refrigeration if the job
does not consist solely of work requiring a license under the Act.
|
| Source Note: The provisions of this §75.30 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833; amended to be effective March 27, 2002, 27 TexReg 2225; amended to be effective December 1, 2003, 28 TexReg 10465; amended to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective May 15, 2017, 42 TexReg 2337; amended to be effective May 1, 2018, 43 TexReg 2401; amended to be effective September 1, 2024, 49 TexReg 6449 |
