1. (a) The purpose of this subchapter is to provide a uniform procedure for issuing licenses to installers and designated representatives, and issuing registrations to apprentices.

2. (b) Any individual who constructs any part of an OSSF shall hold a current installer license appropriate for the type of system being installed, except as noted in §285.51 of this title (relating to Exemptions to Licensing Requirements). This does not include the individuals under the direct supervision of the licensed installer or registered apprentice.

   1. (1) Individuals may not advertise or represent themselves to the public as installers unless they possess a current installer license. Entities may not advertise or represent to the public that they can perform installer services unless they employ a currently licensed individual.
   2. (2) The executive director may waive qualifications, training, or examination for an installer with a current authorization from another state if that state has requirements equivalent to those in this subchapter.
3. (c) Any individual who performs the duties of a designated representative under §285.62 of this title (relating to Duties and Responsibilities of Designated Representatives) on behalf of the authorized agent shall possess a current designated representative license. Individuals may not advertise or represent themselves to the public as designated representatives unless they are employed, appointed, or contracted by an authorized agent and hold a current designated representative license.
4. (d) Any individual who performs the duties of an apprentice under §285.63 of this title (relating to Duties and Responsibilities of Registered Apprentices) must hold a current apprentice registration under a licensed installer.
5. (e) When required by the permitting authority, the installer or the installer's apprentice must be present at the job site during the inspection or re-inspection of the OSSF.

6. (f) Any individual who acts in any capacity for a permitting authority shall not, within that permitting authority's area of jurisdiction:

   1. (1) work as an apprentice to an OSSF installer;
   2. (2) work as an OSSF installer;
   3. (3) work for an OSSF maintenance company; or
   4. (4) perform any other OSSF-related activities which fall under the permitting authority's regulatory jurisdiction, except those activities directly related to the individual's duties as an employee of, appointee to, or contractor for the permitting authority.

Source Note:The provisions of this §285.50 adopted to be effective June 13, 2001, 26 TexReg 4115.