An air conditioning and refrigeration contracting company must employ full time in each permanent office a license holder whose license is assigned to that company. Unless a person is exempted under the exemptions listed in section 3.06.033, a person may not perform air conditioning and refrigeration contracting without a license.
(Ordinance 04-3431, sec. III (20-191), adopted 10/26/04)
“Air conditioning and refrigeration contracting” shall mean to perform or offer to perform the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment in environmental air conditioning, commercial refrigeration, or process cooling or heating systems.
(Ordinance 04-3431, sec. III (20-192), adopted 10/26/04)
(a) 
A property owner is not required to be licensed under this article to perform air conditioning and refrigeration in the property owner’s homestead providing the property owner performs the work themselves. If the property owner hires an individual to perform the actual air conditioning and refrigeration work on any part of the air conditioning and refrigeration system the property owner must secure the services of an air conditioning and refrigeration contractor.
(b) 
A person who performs air conditioning or refrigeration maintenance work if:
(1) 
The person is a maintenance person 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;
(2) 
The work is performed in connection with the business in which the person is employed; and
(3) 
The person and the person’s employer referred to in subsection (1) above do not engage in the occupation of air conditioning and refrigeration contracting for the general public.
(c) 
A person who performs air conditioning and refrigeration contracting and is regularly employed by a regulated electric or gas utility.
(d) 
A person who is licensed as a professional engineer under the Texas Engineering Practice Act (V.T.C.A., Occupations Code, chapter 1001), 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.
(e) 
A person who 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.
(f) 
A person who performs air conditioning and refrigeration contracting on:
(1) 
A portable or self-contained ductless air conditioning product that has a cooling capacity of three (3) tons or less;
(2) 
A portable or self-contained heating product that does not require the forced movement of air outside the heating unit;
(3) 
Environmental air conditioning equipment that is intended for temporary use and is not fixed in place; or
(4) 
Residential refrigerators, freezers, and ice machines.
(g) 
A person who performs air conditioning services only on a motor vehicle or MVAC-like appliance air conditioner or who employs a person who performs air conditioning services only on a motor vehicle or MVAC-like appliance air conditioner. For the purposes of this article, “MVAC-like appliance” has the meaning as that term is defined in 40 CFR section 82.152.
(h) 
A person who assists in the performance of air conditioning and refrigeration contracting work under the supervision of a licensee is not required to be licensed.
(i) 
A person who installs, repairs, or removes a vent hood of the type commonly used in residential and commercial kitchens.
(Ordinance 04-3431, sec. III (20-193), adopted 10/26/04; Ordinance 11-3542, sec. II (20-193), adopted 1/25/11)