Quick Recap of the Laws in Texas for Duct Cleaning

A Quick Recap of the Laws in Texas that Apply to Air Duct Cleaning

Reference c.1.3 from the TDLR Air Conditioning and Refrigeration Contractors Administrative Rules.

(1) Duct cleaning and air quality testing, including biomedical testing, may be performed by a person or entity that does not hold a contractor license under Texas Occupations Code Chapter 1302 if:

(A) the task is limited to the air distribution system, from the supply plenum to the supply grilles of the unit and from the return air grill to the air handler intake of the unit;

(B) no cuts are made to ducts or plenums;

(D) the only disassembly of any part of the system is opening or removal of return and supply air grilles, or registers that are removable without cutting or removing any other part of the system.

(2) Biomedical testing may be performed by a person or entity that does not hold a contractor license under Texas Occupations Code, Chapter 1302.

(3) Biomedical remediation requires a contractor license under Texas Occupations Code, Chapter 1302.

Biomedical remediation is defined in the Texas Administrative Code:

(6) Biomedical Remediation–The treatment of ducts, plenums, or other portions of air conditioning or heating systems by applying disinfectants, anti-fungal substances, or products designed to reduce or eliminate the presence of molds, mildews, fungi, bacteria, or other disease-causing organisms. (7) Biomedical Testing–The inspection and sampling of ducts, plenums, or other portions of air conditioning or heating systems to test for the presence of molds, mildews, fungi, bacteria, or other disease-causing organisms. The term does not include performing any type of treatment or remediation.

Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems in the Texas Administrative Code:

TITLE 25	HEALTH SERVICES
PART 1	DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295	OCCUPATIONAL HEALTH
SUBCHAPTER J	TEXAS MOLD ASSESSMENT AND REMEDIATION RULES
RULE §295.323	Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems

(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 or registered worker 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 or registered worker 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 or registered worker 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).

A/C license can be verified at this link.

http://www.tdlr.texas.gov/LicenseSearch/LicenseSearch.asp

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