16 Tex. Admin. Code § 75.30 - Exemptions
(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.
Notes
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