The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Advertising or advertisement--Any commercial message which promotes the services of an air conditioning and refrigeration contractor and which appears in or is presented on television, telephone solicitation, newspapers, magazines, leaflets, fliers, catalogs, direct mail literature, other printed material, an inside or outside sign, or window display. (2) Air conditioning and refrigeration subcontractor--A person or firm contracting with a licensed air conditioning contractor for a portion of work requiring a license under the Act. The subcontractor contracts to do a job according to his own methods, and is subject to the contractor's control only as to the end product or final result of his work. Responsibility for the work lies with the licensed contractor. (3) Air
conditioning or heating unit--A stand-alone system with its own controls which conditions the air for a specific space and which does not require connection to other equipment, piping, or ductwork in order to function. (4) Assumed name--As defined in the Business and Commerce Code, Title 4, Chapter 36, Subchapter A, §36.02. (5) Biomedical Remediation--The treatment of ducts, plenums, or other portions of air conditioning or heating systems to reduce or eliminate the presence of molds, mildews, or other contaminants. (6) Boiler--As defined in the Health and Safety Code, Title 9, Subtitle A, Chapter 755, Boilers. (7) Business affiliation--The company that is being operated using the specific license issued. (8) Cheating--Attempting to obtain, obtaining, providing, or using answers to examination questions by deceit, fraud, dishonesty, or deception while taking a qualification
examination. (9) Contracting--Agreeing to perform work, either verbally or in writing, either personally or by having an employee or subcontractor perform the work. (10) Cryogenics--Refrigeration that deals with producing temperatures ranging from: (A) -250 degrees Fahrenheit to Absolute Zero (-459.69 degrees Fahrenheit); (B) -156.6 degrees Celsius to -273.16 degrees Celsius; (C) 116.5 K to 0 K; or (D) 209.69 degrees Fahrenheit to 0 degrees R. (11) Direct personal supervision--Directing and verifying the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or equipment for compliance with mechanical integrity. (12) Employee--An individual who performs tasks assigned him by his employer. The employer controls and directs the employee in the details and means by which the work is
done to accomplish the tasks. The employee is subject to deduction of social security and federal income taxes from his pay. An employee may be full time, part time, or seasonal, and being simultaneously an employee of a temporary employment agency, a staff leasing agency, or other employer does not affect his status as an employee. (13) Employer--One who employs the services of others, pays their wages and deducts the required FICA and income taxes, and controls the work they perform. (14) Permanent office--Any office, branch office, or location which is authorized to enter into contractual obligations to perform air conditioning and/or refrigeration contracting work and/or has control or supervisory responsibility over these contracts. A temporary construction site or field office from which a job is being supervised is exempt. A location at which employees of a licensed contractor work under contract to provide service, maintenance and repair
work for a large facility is exempt. (15) Primary process medium--A refrigerant or other primary process fluid that is classified in the current ANSI/ASHRAE Standard 34 as Safety Group A1, A2, B1, or B2. Safety Groups A3 and B3 refrigerants are specifically excluded. (16) Proper installation--Installing equipment in accordance with: (A) municipal ordinances, including pulling all required permits, complying with all codes adopted by a municipality; (B) current Uniform Mechanical Codes or Standard Mechanical and Standard Gas Codes in areas where no code has been adopted; (C) manufacturer's instructions; and (D) requirements for safety and the proper performance of the function for which it was designed.
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| Source Note: The provisions of this §75.10 adopted to be effective January 28, 1993, 18 TexReg 301; amended to be effective November 16, 1993, 18 TexReg 7927; amended to be effective February 9, 1995, 20 TexReg 435; amended to be effective October 1, 1995, 20 TexReg 7280; amended to be effective January 10, 1997, 22 TexReg 737; amended to be effective January 1, 1998, 22 TexReg 12757.
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