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The following words and terms have the following meanings: (1)Act--Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration Contractors. (2)Advertising or Advertisement--Any commercial message which promotes the services of an air conditioning and refrigeration contractor. (3)Air conditioning and refrigeration subcontractor--A person or firm who contracts with a licensed air conditioning contractor for a portion of work requiring a license under the Act. The subcontractor contracts to perform a task 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. (4)Air conditioning or heating unit--A stand-alone system with its own controls that conditions the air for a specific space and does not require a connection to other equipment, piping, or ductwork in order to function. (5)Assumed name--As defined in the Business and Commerce Code, Title 4, Chapter 36, Subchapter A, §36.02. (6)Biomedical Remediation--The treatment of ducts, plenums, or other portions of air conditioning or heating systems by applying disinfectants, anti-fungal substances, or products designed to reduce or eliminate the presence of molds, mildews, fungi, bacteria, or other disease-causing organisms. (7)Boiler--As defined in Chapter 755 of the Health and Safety Code. (8)Business affiliation--The business organization to which a licensee elects to assign his license. (9)Cheating--Attempting to obtain, obtaining, providing, or using answers to examination questions by deceit, fraud, dishonesty, or deception. (10)Contracting--Agreeing, either orally or in writing, to perform work or performing work, either personally or through an employee or subcontractor. (11)Cryogenics--refrigeration that deals with producing temperatures ranging from: (A)-250 degrees F to Absolute Zero (-459.69 degrees F); (B)-156.6 degrees C to -273.16 degrees C; (C)116.5 degrees K to 0 degrees K; or (D)209.69 degrees R to 0 degrees R. (12)Department--The Texas Department of Licensing and Regulation. (13)Design of a system--making decisions on the necessary size of equipment, number of grilles, placement and size of supply and return air ducts, and any other requirements affecting the ability of the system to perform the function for which it was designed. (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 mechanical integrity. Verification may include, but is not limited to: (A)personal inspection of a job; (B)contacting the customer by mail, e-mail, or telephone to determine if the customer is satisfied with the installation and service provided; (C)reviewing a checklist completed by a person who performed some or all of the work on a job; and (D)reviewing an inspection report of the job made by a municipal mechanical inspector. (15)Employee--An individual who performs tasks assigned by an employer, and who is subject to the employer's control in all aspects of job performance, except that a licensed air conditioning and refrigeration contractor remains responsible for all air conditioning work he or she performs. An employee's wages are subject to deduction of federal income taxes and social security payments. An employee may be full time, part time, or seasonal. Simultaneous employment with a temporary employment agency, a staff leasing agency, or other employer does not affect an employee's status for the purpose of this rule. (16)Executive Director--The Executive Director of the Department. (17)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)Licensee--an individual holding a license of the class and endorsement appropriate to the work performed under the Act and these rules. (19)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)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)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)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 adoption has been
reviewed by legal counsel and found to
be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 12, 2006
TRD-200603726 William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: August 1, 2006
Proposal publication date: April 7, 2006
For further information, please call: (512) 475-4879
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