1. (a) The license requirements of this chapter do not apply to:

   1. (1) an individual licensed by the Texas State Board of Plumbing Examiners;
   2. (2) an individual registered or licensed as a professional engineer or architect or landscape architect if the work is incidental to the pursuit of the profession;
   3. (3) irrigation or yard sprinkler work done by a property owner in a building or on premises owned or occupied by the owner as the owner's home;
   4. (4) irrigation or yard sprinkler repair work, other than extension of an existing irrigation or yard sprinkler system or installation of a replacement system, done by a maintenance person incidental to and on premises owned by the business in which the individual is regularly employed or engaged and who does not engage in the occupation of licensed irrigator or in yard sprinkler construction or maintenance for the general public;
   5. (5) irrigation or yard sprinkler work done on the premises or equipment of a railroad by a regular employee of the railroad who does not engage in the occupation of licensed irrigator or in yard sprinkler construction or maintenance for the general public;
   6. (6) irrigation and yard sprinkler work done by a person who is regularly employed by a county, city, town, special district, or political subdivision of the state on public property;
   7. (7) irrigation or yard sprinkler work done by a person using a garden hose, hose sprinkler, hose-end product, including soaker hose, or agricultural irrigation system;
   8. (8) activities involving a commercial agricultural irrigation system;
   9. (9) irrigation or yard sprinkler work done 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;
   10. (10) irrigation or yard sprinkler work done by a member of a property owners' association as defined by 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;
   11. (11) a person who assists in the installation, maintenance, alteration, repair, or service of an irrigation system under the direct supervision of a licensed irrigator; or
   12. (12) an owner of a business that employs a licensed irrigator to supervise the business's 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 a view of earning a livelihood, as opposed to working casually or occasionally.
2. (b) 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 Irrigations). The term "irrigation system" does not include a system used on or by an agricultural operation as defined in Texas Agriculture Code, §251.002.

Source Note:The provisions of this §30.129 adopted to be effective December 17, 2001, 26 TexReg 10330.