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APEC News
Electrical Licensing Procedures in this issue Greetings! We have made progress on the Limited Electrical License for Pool and Spa Service people. Even this week, our lobbyists are working with TDLR to clarify some of the regulations. TDLR (Texas Department of License and Regulation) has asked for public comment. For a brief overview of the process that we have been working through, please go to the bottom of this email for additional Information. The following process may change. However, it appears that this is the process that we need to follow to become licensed in the state of Texas. Thanks to Donny Greenway of Austin and Doug Dinkins of Houston for helping to find the following information from TDLR. One person that we are aware of took the exam on October 9th. Although he is a very knowledgeable service person, he did not pass. Most (probably all applicants) will need to study to prepare for the test. Some organizations are suggesting that the preparation class will take 2 full days and a great deal of study. The test is an open book test using a soft cover copy of the 2008 NEC code. This book is available from many sources for $65.00-$100.00. You can have no notes in the book during the test. Some topics that we believe will be on the test from the NEC code book are-GFCI installation Proper wire size Proper breaker size, Ohm's Law Calculations based on Load and Ohm's Law. This test will only ask questions that can be answered by the 2008 NEC code book. If you take the test, please help us determine how to best prepare other people for the test. Watch for upcoming announcements for exam preparations. A preparation class has already been announced for the Southwest Pool and Spa Show in San Antonio in February, 2010. Texas Residential Appliance Installer License Info (Read the article at the end of this email for a history of this License)
A license is valid for one year from the date
of issuance and must be renewed annually. Our understanding is
that the test will not be required annually, just the
license renewal fee and
application. Please go to the following website for an application and the description of the requirements. http://www.license.state.tx.us/electricians/applications/ResidentialApplianceInstaller.pdf or (http://www.license.state.tx.us) prior to taking exam. An applicant must:
- Be at least 16 years old;
5. The Exam fee is $63.00 for each time that you
take the exam. One is currently planned for the Southwest Pool and Spa Show, February, 2010 and others to be announced.
Why did we have a Limited Electrical License proposal in 2009? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The following is a very brief overview of the process that leads us to the Limited Electrical license for Swimming Pool and Spa service people in 2009: In 2003 the Texas Legislature adopted the NEC Code as it was revised. At that time, this adoption made it illegal for service people to remove and replace pool and spa electrical equipment- like pumps, motors, lights, heaters, timers, etc. unless they were licensed electricians. This change also affects remodelers, painters and many other businesses. The regulation became effective September 1, 2004. APEC, IPSSA or APSP did not ask for or push this legislation. We did not realize that it would apply to our industry. APEC was formed in 2005. In 2007, another bill was introduced by appliance retailers. This was the Appliance Installers License bill. It was passed and signed by the governor. Later in 2007, when we inquired with TDLR, we found that according to TDLR(Texas Department of License and Regulation), this bill did not cover the repair, replacement or installation of pool or spa equipment. This bill became effective March 1, 2008. In the fall of 2007, TDLR decided that the Pool and Spa service people were a danger to consumers. On their website, TDLR said that they intended to set up "stings" beginning in the San Antonio area and extending around the state. There were pool service people in the San Antonio area that were cited and others that were questioned before APEC was aware of the problem and before APEC contacted TDLR to find a solution. Through our discussions with TDLR, we were able to determine that the current regulations would not benefit the Texas consumer or the Texas pool and spa industry. APEC was able to come to an interim agreement with TDLR. APEC worked closely with APSP, IPSSA, others in the swimming pool and spa industry, and TDLR to create a proposed Bill for the 2009 Legislative Session. Our original proposal was for a stand alone Limited Electrical License for Pool and Spa Service people. Our objective was to try to satisfy TDLR and the members of the legislature that were concerned about consumer safety. If you followed the process. through our emails earlier this year, you know that we had a huge fight on our hands. There were literally hundreds of bills that made it through most of the legislative process, but were not passed and signed by the Governor. Our APEC lobbyists were immensely important in the process as we tried to save the pool and spa service industry in the state of Texas. We had very good support from the industry, but we also had an enormous fight with 2 electrician's unions and the AFL-CIO. All of these organizations have a long history of lobbying. They all have a much larger membership and they are a very powerful force in the halls of the Capitol. They are funded with thousands of dollars for every dollar that APEC has. Consequently, APEC was forced to compromise on the proposed bill. We accepted a bill that broadened the definition of the Appliance Installers License to include the maintenance and repair of pool and spa electrical equipment. This was not our preferred solution, but given a choice between this compromise or all pool and spa companies hiring or becoming master electricians, we chose the changes in the Appliance Installer's License. Today, until a pool and spa service person receives their license, they are in danger of fines from TDLR. The typical fine for a first time offense is $500.00 per incident. The Texas Pool and Spa Service Industry owe many thanks- and much of their livelihood- to the efforts of APEC and especially the APEC lobbyists. We can not emphasize enough how incredible it was to have the Governor sign both a Senate Bill and a House Bill that each assured the opportunity for the pool and spa industry to grow. If you read the newspaper during the first six months of 2009, you understand that the passing of any bill was a huge accomplishment. There were many good bills with the support of huge organizations and huge war chests that were not passed in 2009. Since the signing of the bills by our Governor, TDLR has asked for input from the industry to try to develop a balanced and realistic test. Some electricians in Texas are still creating obstacles for this program. Our industry has many more battles to fight in Austin. APEC needs your support and help. When you realize how much of your business could have been destroyed by this and other potential legislation, then help us in 2 ways: 1. Please send a donation to APEC- a few dollars or a large check, we are very frugal with these funds to help protect the Texas pool and Spa Industry and the Texas Pool and Spa Consumer, but we must have your support. 2. Please tell everyone that you know in the industry- including subcontractors- about APEC- we are trying to protect their business and payroll, as well. This is just the beginning ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Please watch for updates to the current licensing process. This process is a process. Everything is not yet carved into stone. We will try to pass along information and we ask that you please contact us with questions or issues that we need to watch for. We also believe that we will need to network as we try to prepare the industry service people for their exams. Please share with us your experiences as you take the exam. We need to share input. In addition, we are already working on issues that we believe will surface in the 2011 session- issues like Fencing, Energy Conservation, Drowning prevention, Builder and Industry Licensing, Environmental issues, and many that we cannot even guess- During the next 6 months, we will need your feedback to determine which, if any bills we need to prepare and support. Please watch for meetings and surveys. We need your help and support. Your APEC board is made up of dedicated volunteers- with businesses just like yours. |
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