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.
(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, §36.02.
(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.
(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) 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 K to 0 K; or
(D) 209.69 degrees F to 0 degrees R.
(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.
(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.
(14) 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.
(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--as used in Texas Civil Statutes, Article
8861, and in these rules, has the same meaning as Commissioner.
(17) 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.
(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 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.
(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--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 least stringent current Uniform Mechanical 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.
(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.
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