16 Tex. Admin. Code § 78.30 - Exceptions and Exemptions
(a) For purposes
of Texas Occupations Code §
1958.002(b)(1)(D),
regarding the excepted emergency containment of mold contamination, an
emergency exists if a delay in mold remediation services in response to a water
damage occurrence would increase mold contamination.
(b) For purposes of Texas Occupations Code
§
1958.102(d) and
(e), regarding certain residential property,
the exemptions apply regardless of the total surface area within the subject
property that is affected by mold growth. The following terms used in Texas
Occupations Code §
1958.102(d)
shall have the meaning given:
(1) "improve"
means to build, construct, or erect a new building or structure or a new
portion of a building or structure that is attached to an existing building or
structure; and
(2) "improvement"
means a building or structure, or a portion of a building or structure, that
was built, constructed, or erected as an attachment to an existing building or
structure after the construction or erection of the existing building or
structure.
(c)
Licensees performing mold remediation in an area in which the mold
contamination for the project affects a total surface area of less than 25
contiguous square feet must do so in accordance with the Act and this chapter
unless otherwise indicated.
(d) A
person who is performing mold remediation under the licensing exemptions of
§1958.102(a) or (c) of the Act, in which the mold contamination affects a
total surface area of less than 25 contiguous square feet, and who identifies
additional mold such that the total mold contamination affects a total surface
area of 25 contiguous square feet or more shall:
(1) immediately cease all remediation work
and implement emergency containment if necessary; and
(2) advise the person requesting the
remediation that the exemption under §1958.102(a) or (c) of the Act has
been lost, and that any additional mold remediation and post-remediation
assessment in the area must be performed by a person licensed or registered
under this chapter.
(e)
Employees of a licensee performing mold remediation under the supervision of a
licensee must be registered as provided under §78.56.
(f) Professional exemptions.
(1) All persons engaged in mold-related
activities must be licensed or registered under this chapter, except that those
professionals currently licensed by the state in another field (including, but
not limited to, medicine, architecture, or engineering) who provide to a
licensed or registered person only consultation related to that other field,
are not required to be separately licensed under this chapter. In such a case,
the responsibility for the project or activity remains with the person licensed
or registered under this chapter.
(2) A person is not required to be licensed
or registered under this chapter if engaging only in the performance of
regulated activities of a licensed insurance adjuster pursuant to Chapter 4101
of the Texas Insurance Code or in the performance of regulated activities of a
licensed public insurance adjuster pursuant to Chapter 4102 of the Texas
Insurance Code, including the investigation and review of losses to insured
property, assignment of coverage, and estimation of the usual and customary
expenses due under the applicable insurance policy, including expenses for
reasonable and customary mold assessment and remediation.
(g) The review of mold remediation bids or
proposals and making recommendations thereto is not mold assessment or mold
remediation.
(h) The code of
ethics, conflict of interest, and disclosure requirements in the Act and these
rules apply to credentialed persons engaging in the activities described in
this section.
Notes
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