30 TAC Chapter 30, Subchapter D, Landscape Irrigators, Irrigation Technicians and Irrigation Inspectors

Section 30.111§Sections Purpose and Applicability

(a) The purpose of this subchapter is to establish qualifications for issuing and renewing licenses to individuals who:

(1) sell, design, install, maintain, alter, repair, or service an irrigation system;

(2) provide consulting services relating to an irrigation system;

(3) connect an irrigation system to any water supply; or

(4) inspect irrigation systems and perform other enforcement duties as an employee or as a contractor.

(b) An individual who performs any of the tasks listed in subsection (a) of this section must meet the qualifications of this subchapter and be licensed according to Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations), unless they are exempt under § 30.129 of this title (relating to Exemptions); and must comply with the requirements in Chapter 344 of this title (relating to Landscape Irrigation).

Notes

30 Tex. Admin. Code § 30.111

The provisions of this §30.111 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective September 27, 2007, 32 TexReg 6523; amended to be effective June 26, 2008, 33 TexReg 4886

Section 30.117§Sections Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Irrigation technician--A person who works under the supervision of a licensed irrigator to install, maintain, alter, repair, service, or supervise installation of an irrigation system, including the connection of such system in or to a private or public, raw or potable water supply system or any water supply.

(2) Irrigator--A person who sells, designs, offers consultations, installs, maintains, alters, repairs, services, or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply.

Notes

30 Tex. Admin. Code § 30.117

The provisions of this §30.117 adopted to be effective December 17, 2001, 26 TexReg 10330; Amended by Texas Register, Volume 41, Number 39, September 23, 2016, TexReg 7495 , eff. 9/29/2016

Section 30.120§Sections Qualifications for Initial License

(a) Effective January 1, 2010, the installer license became invalid and was replaced with the irrigation technician license.

(b) To obtain an irrigator license, an individual must:

(1) meet the requirements in Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations);

(2) complete and pass the basic irrigator training course; and

(3) pass all sections of the applicable examination.

(c) To obtain an irrigation technician license, an individual must:

(1) meet the requirements in Subchapter A of this chapter;

(2) complete the basic irrigation technician course; and

(3) pass the applicable examination.

(d) To obtain an irrigation inspector license, an individual must:

(1) meet the requirements in Subchapter A of this chapter;

(2) successfully complete:

(A) the basic irrigator training course;

(B) an approved backflow prevention assembly testing training course; and

(C) an approved water conservation or water audit course; or

(D) an approved landscape irrigation inspection course; and

(3) pass the applicable examination.

(e) An individual is ineligible to obtain an irrigation inspector license if the individual engages in or has financial or advisory interest in an entity that:

(1) sells, designs, installs, maintains, alters, repairs, or services an irrigation system;

(2) provides consulting services relating to an irrigation system; or

(3) connects an irrigation system to any water supply.

Notes

30 Tex. Admin. Code § 30.120

The provisions of this §30.120 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective September 27, 2007, 32 TexReg 6523; amended to be effective June 26, 2008, 33 TexReg 4886; Amended by Texas Register, Volume 41, Number 39, September 23, 2016, TexReg 7495 , eff. 9/29/2016

Section 30.122§Sections Qualifications for License Renewal

(a) Effective January 1, 2010, the installer license was replaced by an irrigation technician license.

(b) To renew an irrigator license, an individual must:

(1) meet the requirements in Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations); and

(2) complete 24 hours of approved training credits.

(c) To renew an irrigation technician license, an individual must:

(1) meet the requirements in Subchapter A of this chapter; and

(2) complete 16 hours of approved training credits.

(d) To renew an irrigation inspector license, an individual must:

(1) meet the requirements in Subchapter A of this chapter; and

(2) complete 24 hours of approved training credits.

Notes

30 Tex. Admin. Code § 30.122

The provisions of this §30.122 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective September 27, 2007, 32 TexReg 6523; amended to be effective June 26, 2008, 33 TexReg 4886; Amended by Texas Register, Volume 41, Number 39, September 23, 2016, TexReg 7495 , eff. 9/29/2016

Section 30.129§Sections Exemptions

(a) The licensing requirements of this chapter do not apply to a person who:

(1) is licensed by a plumbing licensing authority in the state of Texas and is working within the scope provided by the plumbing laws;

(2) is registered or licensed as a professional engineer or architect or landscape architect if the work is related to the pursuit of the profession;

(3) is under the direct supervision of a licensed irrigator and assists in the installation, maintenance, alteration, repair, or service of an irrigation system; or

(4) is an owner of a business that employs a licensed irrigator to supervise the business' sale, design, consultation, installation, maintenance, alteration, repair, and service of irrigation systems. For the purpose of this subchapter, employs means steadily, uniformly, or habitually working in an employer-employee relationship with the intent to earn a livelihood, as opposed to working casually or occasionally.

(b) The licensing requirements of this chapter do not apply to:

(1) irrigation or yard sprinkler work that is performed by a property owner in a building or on premises owned or occupied by the owner as the owner's home;

(2) irrigation or yard sprinkler repair work, other than extension of an existing irrigation or yard sprinkler system or installation of a replacement system that is:

(A) performed by a maintenance person who does not act as an irrigator or engage in yard sprinkler construction or maintenance for the public; and

(B) incidental to and on premises owned by the business in which the person is regularly employed or engaged;

(3) irrigation or yard sprinkler work that is performed:

(A) by a regular employee of a railroad who does not act as an irrigator or engage in yard sprinkler construction or maintenance for the public; and

(B) on the premises or equipment of the railroad;

(4) irrigation and yard sprinkler work that is performed on public property by a person who is regularly employed by a county, city, town, special district, or political subdivision of the state;

(5) irrigation or yard sprinkler work that is performed by a person using a garden hose, hose sprinkler, hose-end product, including soaker hose, or agricultural irrigation system;

(6) an activity that includes a commercial agricultural irrigation system;

(7) irrigation or yard sprinkler work that is performed by an agriculturist, agronomist, horticulturist, forester, gardener, contract gardener, garden or lawn caretaker, nurseryman, or grader or cultivator of land on land owned by the individual performing the work;

(8) irrigation or yard sprinkler work that is performed by a member of a property owners' association as defined by Texas Property Code, § 202.001, on real property owned by the association or in common by the members of the association if the irrigation or yard sprinkler system water real property that is less than 1/2 acre in size and is used for aesthetic or recreational purposes.

(c) A person who is exempt from the license requirements of this subchapter shall comply with the standards established by Chapter 344 of this title (relating to Landscape Irrigation). The term irrigation system does not include a system used on or by an agricultural operation as defined in Texas Agriculture Code, § 251.002.

Notes

30 Tex. Admin. Code § 30.129

The provisions of this §30.129 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective September 27, 2007, 32 TexReg 6523; Amended by Texas Register, Volume 45, Number 49, December 4, 2020, TexReg 8779 , eff. 12/9/2020