§ 18-587. Exceptions to and limitations of license requirement.

(a)

The licensing requirement in section 18-586 does not apply to a person who:

(1)

Performs air conditioning and refrigeration contracting in a building owned solely by him as his home;

(2)

Performs air conditioning or refrigeration maintenance work if the person is a maintenance man or maintenance engineer who is a regular bona fide employee of the property owner, the property lessee or the management company managing the property where the maintenance work is being performed; the work is performed in connection with the business in which the person is employed; and the person and the person's employer referred to in this subsection do not engage in the occupation of air conditioning and refrigeration contracting for the general public;

(3)

Performs air conditioning and refrigeration contracting and is regularly employed by a regulated electric or gas utility;

(4)

Is licensed as a professional engineer under the Texas Engineering Practice Act, performs work in connection with the business in which the person is employed, and does not engage in the practice of air conditioning and refrigeration contracting for the general public;

(5)

Performs process cooling or heating work for an industrial operation such as a chemical plant, petrochemical plant, refinery, natural gas plant or natural gas treating plant when employed by that operation;

(6)

Performs air conditioning and refrigeration contracting on:

a.

A portable or self-contained ductless air conditioning or refrigeration 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 of air outside the heating unit; or

c.

Environmental air conditioning equipment that is intended for temporary use and is not fixed in place;

(7)

Performs air conditioning services only on a motor vehicle air conditioning unit or who employs a person who performs air conditioning services only on a motor vehicle air conditioning unit; or

(8)

Is registered as a manufacturer, retailer or installer and is regulated pursuant to the Texas Manufactured Housing Standards Act and who engages exclusively in air conditioning and refrigeration contracting for manufactured homes, in the installation of manufactured homes or in providing retailer or manufacturer warranty services free of charge.

(b)

The work described by subsection (a) of this section remains subject to all permit, inspection and approval requirements prescribed in this article.

(c)

A person licensed under this division may not perform or offer or attempt to perform any act, service or function regulated under V.T.C.A., Natural Resources § 113.001 et seq., unless licensed or exempted by rule under that law. Likewise a person regulated under V.T.C.A., Natural Resources Code § 113.001 et seq. may not perform or offer or attempt to perform air conditioning or refrigeration contracting unless licensed by the state under the Air Conditioning and Refrigeration Contractor License Law and permitted by the city.

(d)

A person licensed under this division may not perform or offer or attempt to perform any act, service or function that is defined as plumbing work under the Plumbing License Law unless licensed under that law. A person who is licensed in this state as a plumber and is engaged in business as a plumber may not perform or offer or attempt to perform air conditioning and refrigeration contracting unless licensed under the Air Conditioning and Refrigeration Contractor License Law and permitted by the city.

(Code 1967, § 16½-11; Ord. No. 2127, § 2, 11-23-76; Ord. No. 3805, § 2, 3-22-84; Ord. No. 7202, § 5, 1-12-95)

State law reference

Texas Engineering Practice Act, Vernon's Ann. Civ. St. art. 3271a; Texas Manufactured Housing Standards Act, Vernon's Ann. Civ. St. art. 5221f; Air Conditioning and Refrigeration Contractor License Law, Vernon's Ann. Civ. St. art. 8861; Plumbing License Law, Vernon's Ann. Civ. St. art. 6243-101; liquefied petroleum gas, V.T.C.A., Natural Resources Code § 113.001 et seq.