The following words and terms have the following meanings: (1) - (7)(No change.) (8)Business affiliation--The business organization to which a licensee elects to assign his [or her] license. (9)(No change.) (10)Contracting--Agreeing, either orally or in writing, to perform work[, either verbally or in writing,] or performing work, either personally or through an employee or subcontractor. (11) - (13)(No change.) (14)Direct supervision--Directing and verifying the design, installation, construction, maintenance, service, repair, alteration, or modification of an air conditioning, refrigeration, process cooling, or process heating product or equipment to assure [for compliance with] mechanical integrity. Verification may include, but is not limited to: (A)personal [Personal] inspection of a job; (B)contacting [Contacting] the customer by mail, e-mail, or telephone to determine if the customer is satisfied with the installation and service provided; (C)reviewing [Reviewing] a checklist completed by a person who performed some or all of the work on a job; and (D)reviewing [Reviewing] an inspection report of the job made by a municipal mechanical inspector. (15) - (16)(No change.) [(17)Filed--a document is deemed to have been filed with the department on the date that the document has been received by the department or, if the document has been mailed to the department, the postmark date of the document.] (17) [(18)] Full time employee--an employee who is present on the job either 40 hours a week, or at least 80% of the time the company is offering air conditioning and refrigeration contracting services to the public, whichever is less. (18) [(19)] Licensee--an individual holding a license of the class and endorsement appropriate to the work performed under the Act and these rules. (19) [(20)] Permanent office--Any location, which must be identified by a street address, or other data identifying a rural location, from which a person or business entity conducts the business of an air conditioning and refrigeration contracting company. A location not open to the public, or not located within the state, may serve as a permanent office so long as the department and consumers have access to the licensee required by §1302.252 of the Act to be employed in each permanent office. (20) [(21)] 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. (21) [(22)] Proper installation, and service--installing, servicing, repairing, and maintaining air conditioning and refrigeration equipment in accordance with: (A)applicable municipal ordinances and codes adopted by a municipality where the installation occurs; (B)the current Uniform Mechanical Code or the current International Mechanical Code and International Fuel Gas Code, in areas where no code has been adopted; (C)the manufacturer's specifications and instructions; and (D)all requirements for safety and the proper performance of the function for which the equipment or product was designed. (22) [(23)] Repair work--diagnosing and repairing problems with air conditioning, commercial refrigeration, or process cooling or heating equipment, and remedying or attempting to remedy the problem. Repair work does not mean simultaneous replacement of the condensing unit, furnace, and evaporator coil.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to
adopt.
Filed with the Office of
the Secretary of State on March 27, 2006
TRD-200601823 William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 475-4879
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