Historical Rule for the Texas Administrative Code

RULE §75.10Definitions

The following words and terms have the following meanings:

  (1) Advertising or Advertisement--Any commercial message which promotes the services of an air conditioning and refrigeration contractor. The terms do not include one-line listings in directories or signs that state only the business name.

  (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.

  (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.

  (4) Assumed name--As defined in the Business and Commerce Code, Title 4, Chapter 36, Subchapter A, Section 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 business organization with which a licensee elects to affiliate.

  (8) Cheating--Attempting to obtain, obtaining, providing, or using answers to examination questions by deceit, fraud, dishonesty, or deception.

  (9) Contracting--Agreeing to perform work, either verbally or in writing, or performing work, either personally or through an employee or subcontractor.

  (10) 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 K to 0 K; or

    (D) 209.69 degrees F 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 to him by his employer. 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 his status as an employee.

  (13) 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.

  (14) 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.

  (15) Licensee--An individual holding a license of the class and endorsement appropriate to the work performed under the Act and these rules.

  (16) 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.

  (17) 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.

  (18) Proper installation--Installing air conditioning or refrigeration equipment in accordance with:

    (A) applicable municipal ordinances and codes adopted by a municipality where the installation occurs;

    (B) the most stringent current Uniform Mechanical Codes, Standard Mechanical Code, Standard Gas Code, International Mechanical Code, and International Fuel Gas Code in areas where no code has been adopted;

    (C) the manufacturer's instructions; and

    (D) all requirements for safety and the proper performance of the function for which the equipment or product was designed.

  (19) 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, evaporator coil, or unitary indoor equipment.

Source Note: The provisions of this §75.10 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective December 5, 1999, 24 TexReg 10857

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