Keep up with what’s happening in the Texas rental housing industry

TDLR adopts new boiler rules, temporarily waives certain requirements due to COVID-19

Synopsis

The Texas Department of Licensing & Regulation has adopted new boiler rules for new construction and remodels, as well as temporarily waiving certain requirements for boilers and elevators due to the COVID-19 pandemic.


Key takeaways

  • At its May 19 meeting, the Texas Department of Licensing & Regulation adopted new boiler rules for new construction and remodels. The new rules took effect June 1.
  • On May 27, TDLR extended some temporary waivers and suspensions it put in place in late March in response to the COVID-19 pandemic. These changes affect boilers, elevators and building inspections for the Elimination of Architectural Barriers program.
  • TDLR also waived TDLR-mandated continuing education requirements for licenses expiring in March, April, May and June 2020.

The Texas Department of Licensing & Regulation (TDLR) adopted new rules related to boilers (for new construction or remodels only) at its meeting on May 19. Beginning June 1, 2020, any boiler rooms with new installations/reinstallations of one or more boilers must be equipped with a carbon monoxide detector with a manual reset.

The new TDLR rules also require that:

  1. The carbon monoxide detector and boiler(s) shall be interlocked to disable the burners when the measured level of CO rises above 50 ppm.
  2. The carbon monoxide detector shall disable the burners upon loss of power to the detector.
  3. The carbon monoxide detector shall be calibrated in accordance with the manufacturer’s recommendations or every 18 months after installation of the detector. A record of calibration shall be posted at or near the boiler, or be readily accessible to an inspector.

To review the new rules, see the Subchapter N language in the Texas Register here.

Visit TDLR’s website for continually updated information on these and other rules.

COVID-19: Elevator, boiler inspection requirements temporarily suspended

To help combat the spread of the COVID-19 virus, TDLR requested and received authority from Gov. Greg Abbott to suspend certain regulatory requirements statewide, to the extent necessary to extend inspection time requirements for elevators and boilers:

  • Inspection requirements are suspended temporarily for elevators with permits that expire in March, April, May and June 2020. TDLR investigators will respond in case of an accident or emergency. (§754.019, Health and Safety Code)
  • A boiler Certificate of Operation that expires in the time period from March 13, 2020 through June 30, 2020, shall NOT receive any penalty for failing to obtain an inspection before the Certificate of Operation expires. TDLR investigators will respond in case of an accident or emergency.
  • All boiler owners who request an extension of the internal inspection interval will maintain eligibility for an extension even if the required inspections have not been performed. This policy will be applied to all boiler extensions for which the Certificate of Operation expires during the time period of March 13, 2020 through June 30, 2020. (§755.025 and §755.026, Health and Safety Code)
  • Building inspection deadlines in the Elimination of Architectural Barriers Program for any inspections due in March, April, May and June have been extended by 60 days in case any of those buildings need to be used immediately as part of COVID-19 response. (§469.105, Government Code)

Continuing education, other requirements waived

TDLR continuing education requirements are waived for all individual licenses expiring in March, April, May and June 2020. Licensees must submit their renewal applications, pay the required fees, and TDLR will check criminal histories, but licensees will not need to complete any TDLR-required continuing education this licensing cycle. (§51.405, Occupations Code)

Note: TDLR is not authorized to waive continuing education requirements imposed by a certifying or credentialing entity other than TDLR. If a certifying entity requires continuing education to maintain certification, and certification is required for Texas licensure, then that continuing education must be completed. If the certifying entity waives continuing education or allows it to be completed on a delayed basis due to COVID-19, then licensees may follow the certifying entity’s policy.

More from June 2020 Member Newsletter

Log in to view members only content.

×