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Mold & Indoor Air Quality Library

HVAC

HVAC systems under Texas mold rules

Texas law Sources: 16 TAC Chapter 78

In plain English

Texas applies the same assessment rules (§78.100) and remediation rules (§78.120) to mold in heating, ventilation and air conditioning systems as to any other part of a building.

Biocides or coatings in an HVAC system can be applied only after the building owner or manager has been given the product's safety data sheet, agrees to its use, and has notified the occupants. Repairing or servicing the equipment itself is air conditioning and refrigeration work, which needs its own TDLR license.

Key points

  • Assessment and remediation rules apply to HVAC.
  • Owner gets the SDS and agrees before any biocide.
  • Occupants are notified first.
  • Equipment repair needs an A/C and refrigeration license.

Official text

16 TAC Chapter 78 — §78.130. Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems Texas law

(a) All provisions of §78.100 shall apply to the assessment of mold in HVAC systems.

(b) All provisions of §78.120 shall apply to the remediation of mold in HVAC systems.

(c) Disinfectants, biocides and antimicrobial coatings. A licensee or registered worker under this chapter may apply a disinfectant, biocide or antimicrobial coating in an HVAC system only in accordance with §78.120(h). 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 before the application. The licensee or registered worker shall follow all applicable manufacturer's label directions when using the product.

(d) Other license requirements.

(1) 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 department as provided under the Texas Occupations Code, Chapter 1302 (relating to Air Conditioning and Refrigeration Contractors).

(2) A person who performs biomedical remediation as defined under 16 TAC, §75.10(6) must be licensed by the department in accordance with 16 TAC, Chapter 75 (relating to Air Conditioning and Refrigeration) unless exempt under 16 TAC, §75.30 (relating to Exemptions) or 16 TAC, §75.100 (relating to Technical Requirements).

Source Note: The provisions of this §78.130 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207.

Citation: 16 TAC Chapter 78, §78.130. Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems.

Citations