The following words and terms have the following meanings: (1)Act--Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration Contractors. (2) [(1)] Advertising or Advertisement--Any commercial message which promotes the services of an air conditioning and refrigeration contractor. (3) [(2)] 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) [(3)] 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) [(4)] Assumed name--As defined in the Business and Commerce Code, Title 4, Chapter 36, Subchapter A, Section 36.02. (6) [(5)] 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) [(6)] Boiler--As defined in Chapter 755 of the Health and Safety Code[, Title 9, Subtitle A, Chaper 755. Boilers]. (8) [(7)] Business affiliation--The business organization to which a licensee elects to assign his or her license. (9) [(8)] Cheating--Attempting to obtain, obtaining, providing, or using answers to examination questions by deceit, fraud, dishonesty, or deception. [(9)Commissioner--As used in Texas Civil Statutes, Article 8861, and in these rules, has the same meaning as Executive Director.] (10)Contracting--Agreeing to perform work, either verbally or in writing, 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 [F] to 0 degrees R. (12)Department--The Texas Department of Licensing and Regulation. (13) [(12)] 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) [(13)] Direct personal 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 for compliance with mechanical integrity. (15) [(14)] Employee--An individual who performs tasks assigned by an [him by his] 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. [The employee is subject to the deduction of social security and federal income taxes from his pay.] 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 [his] status [as an employee] for the purpose of this rule [Act]. [(15)Employer--One who employs the services of others, pays their wages, deducts the required social security and federal income taxes from the employee's pay, and directs and controls the employee's performance.] (16)Executive Director--The Executive Director of the Department [as used in Texas Civil Statutes, Article 8861, and in these rules, has the same meaning as Commissioner]. (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. (18)Full time employee--An employee who is present on the job 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. (19)Licensee--An individual holding a license of the class and endorsement appropriate to the work performed under the Act and these rules. (20)Permanent office--Any business location at which contractual agreements to perform work requiring a license under the Act are arranged and where supervising control for those contracts originate. Temporary construction sites or other locations at which employees of a licensee work under contract to provide service, maintenance and repair work are not permanent offices. (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. (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. (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 August 25, 2003
TRD-200305518 William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-7348
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