Texas license requirements

[mark beiser]

If the subcontractor is not licensed, then the licensee or an employee of the licensee has to be on the job.

[classical]

Originally posted by mark beiser
If the subcontractor is not licensed, then the licensee or an employee of the licensee has to be on the job.

Exactly

[quantum1]

I'm from the Houston area.

Owner of the company ( license holder ) is standing by his guys work.

Told me that he wanted an expert in the field, a Ruud specialist to come and look at the system. I asked him why would a Ruud specialist want to look at an Allstyle air handler/evaporator?

[Mr Bill]

Originally posted by quantum1
I'm from the Houston area.

What part of town are you in? Why don't you call up another service company to just come out and take a look at the job to maybe give you a second opinion on whats he see's, and were you need to go from there on getting it right, because if you don't know you are just digging yourself in deeper, maybe you can find a company that is not critical "no one needs that" just explains how it should be and then you can approach your contractor with a better knowledge of whats your looking for. I am in the NW area but right now we are booked up or I would be happy to come by and take a look but there are a few others here also from Houston that may be able to help you out.

[airworx]

cabellas opened in fort worth. wow we have tx rangers, tx motor speedway,cabellas just opened,bass pro shop and the dallas cowboys are moving over here. to much work makes us weary.

[hoozdis]

...do not have to be licensed but do have to have a sign visable from the street with the company name and license # of the contractor responsible for the job. The licensed contractor that sold the job is ultimately responsible to the customer

[MadeinUSA]

Originally posted by quantum1
His wife wasn't even wearing shoes.....

One more question. Was she pregnant?

Quantum, if they do not have a permit posted at your residence for the job, call the inspector in whatever city you live in. Any professional on this forum can see you are getting an install which is going to cost you trouble and money in the very near future at the minimum. These types of crews do not use correct practices when they install equipment. They will create acid in your system which will eventually cause your investment to prematurely malfunction.

If you want to test this guy’s knowledge, ask him what a micron gauge is and what it is used for. I would bet money he has no clue. For your information, it is utilized to show a technician when all the moisture has been removed from your system during the vacuuming procedure before they release the refrigerant from your new unit.

Good luck.

[Steve Wiggins]

If the sub only does a portion of the work the license holder does not have to be on site but the job still has to be marked with the company name and license number on a sign or temporary sign on the subs vehicle visable from the nearest public street.

[Mr Bill]

Originally posted by Steve Wiggins
Subs do not have to be licensed or employed by the license holder.

Steve are you sure that is what the "TEXAS" rules state? if so could you please show me here were it states that.

http://www.license.state.tx.us/acr/acrlaw.htm

[chillbilly]

Steve is correct. NC has same rule.

[Mr Bill]

If the sub only does a portion of the work:

So if I use a sub and he does everything but install the stat,
and I go and install the stat thats ok that would still fall under a portion of the work, because if no percentage is required by the licensed person that would be ok?

[quantum1]

Rather than name actual names, I will say that "Bill" is the owner of the company, and "Bob" did the installation.

On more than one occassion Bob left for several hours, he left his wife, sister-in-law, and step son at my house to work on the system. Who is responsible for them, Bill or Bob. Or are they even allowed to work on the system.

Like I mentioned earlier, Texas law is somewhat strange. A barber, home inspector, realator, etc. has to have a license but these people can simply work under someone elses license.

[Steve Wiggins]

http://www.license.state.tx.us/acr/acrrules.htm#70

Rules 75.70 section d

[Steve Wiggins]

Originally posted by mrbillpro
If the sub only does a portion of the work:

So if I use a sub and he does everything but install the stat,
and I go and install the stat thats ok that would still fall under a portion of the work, because if no percentage is required by the licensed person that would be ok?

Yes you are correct, that would be ok.

If you go and install the stat the service you provided consisted of more than just taking a phone call, scheduling the work, and providing supervision. You actully did some of the work so it is allowable to use an unlicensed sub.

Administrative Rules 75.70 section d states in part,
d) A licensee may subcontract portions of work requiring a license under the Act to unlicensed persons, firms, or corporations as long as:

"(2) the work or service provided in person or with the licensee’s bona fide employees consists of more than accepting a contract or request for service, scheduling the work, and providing supervision of the work;

[Edited by Steve Wiggins on 05-29-2005 at 11:41 AM]

[Steve Wiggins]

Now then let me clarify....

That is for legitimate sub contractors, not assistants.

To be a sub you must contract with more than just one company, have your own truck, tools & knowledge, provide an invoice, not be instructed throughout the day on how to perform the work.

Assistants (technically employees by the IRS) are required to be supervised all the time by a license holder or bona fide employee of a license holder.

[quantum1]

The square footage of my house is right at 3000. My living room is 16'x16', with a 30' ceiling. Is one 5 ton unit sufficient? The remainder of the house has 8' ceilings.

[Steve Wiggins]

Where are you located?

Sorry I did't see you posted you are from Houston area.

[Edited by Steve Wiggins on 05-29-2005 at 11:56 AM]

[classical]

Sub-section 2 is the relevant point here.
I interpret this as meaning that as long as the license holder or an hourly or salaried employee actually performs work on site. That means they do the start up or does a check up and quality control procedure. They cannot just sell the job collect the paperwork and money. They cannot just stand around and say you do this and you do this.
Bill it hard to tell but just installing a t'stat doesn't seem sufficient to qualify you would at least need to verify performance. So if your techs are(not saying they are) subs and unlicensed than when they go to a house and run a service call and you do not go and inspect the work you are not in compliance with the law. I realize that many many companies in Houston use subs for service and installs if the subs are unlicensed the job is being performed illegally and the consumer ultimately does not have to pay.

Not only is this my interpretation of the rules but also a woman at TDLR told me this. I called for verification of the rules several years ago and as far as I know they have not changed.

(d) A licensee may subcontract portions of work requiring a license under the Act to unlicensed persons, firms, or corporations as long as:

(1) the licensee actively provides work or service, which requires a license, either in person or with the licensee’s bona fide employees;

(2) the work or service provided in person or with the licensee’s bona fide employees consists of more than accepting a contract or request for service, scheduling the work, and providing supervision of the work; and

(3) the licensee is ultimately responsible to the customer for all work performed by the subcontractor

Quantum why don’t you call Bill or me and discuss this on the phone and we can give your more precise specific advice.

[Steve Wiggins]

The square footage of your house (concrete slab on grade?)only tells us what ceiling load is. It doesn't tell us anything about the windows, occupants, orientation on the lot, etc..

Old school redneck bubbas will install at 500 sq.ft. per ton. By this figure you would get a 6 ton. Load calcs on new homes have been coming out at closer to 900 sq.ft. per ton on average so by that you would need 3.5 ton. Since your ceilings are higher your load calc could very easily come out at 4.5 ton which would require a 5 ton to meet.

[Steve Wiggins]

Al, nowhere in the rules does it say the license holder must verify performance.