16 Tex. Admin. Code § 75.10 - Definitions
The following words and terms have the following meanings as used in this chapter:
(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 5, Chapter 71.
(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)
Biomedical Testing--The inspection and sampling of ducts, plenums, or other
portions of air conditioning or heating systems to test for the presence of
molds, mildews, fungi, bacteria, or other disease-causing organisms. The term
does not include performing any type of treatment or remediation.
(8) Boiler--As defined in Chapter 755 of the
Health and Safety Code.
(9)
Business affiliation--The business organization to which a licensee elects to
assign his license.
(10)
Certification training program--A program of education and training, further
addressed in §75.122, consisting of a combination of classroom instruction
and supervised practical experience.
(10) Career and technology education
program--An educational program, defined in §1302.5037(a)(1) of the Act,
focused on air conditioning and refrigeration and:
(A) offered by a public high school under
Subchapter F, Chapter 29, Education Code; or
(B) offered by a private high school or
institution of higher education and determined by the department to be similar
to a program described by subparagraph (A) of this paragraph.
(11) Certification training
program--A program of education and training, defined in §1302.002(5-c)(B)
of the Act and further addressed in §75.122, accepted or approved by the
department and consisting of at least 2,000 hours of a combination of classroom
instruction and supervised practical experience.
(12) Certification training program
provider--A person providing or offering to provide a certification training
program.
(13) Certified
technician--A person granted an air conditioning and refrigeration technician
certification by the department pursuant to §75.120, and §1302.5036
and §1302.5055 of the Act.
(14) Certified technician (legacy)--A person
granted a certified technician designation by the department pursuant to
§75.28, and §1302.508 of the Act, as continued by House Bill 3029
§18, 85th Leg., R.S. (2017).
(15) Cheating--Attempting to obtain,
obtaining, providing, or using answers to examination questions by deceit,
fraud, dishonesty, or deception.
(16) 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.
(17)
Department--The Texas Department of Licensing and Regulation.
(18) 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.
(19) Direct supervision--Directing and
verifying the design, installation, construction, maintenance, service, repair,
alteration, or modification of an environmental 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) reviewing a checklist or report completed
by a person who performed some or all of the work on a job; or
(C) reviewing an inspection report of the job
made by a municipal mechanical inspector.
(20) 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 chapter.
(21)
Executive Director--The executive director of the department.
(22) 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.
(23)
In-person supervision--Supervision of air conditioning and refrigeration
maintenance work provided while physically present at the same location as the
person being supervised.
(24)
Institution of higher education--An "institution of higher education" or a
"private or independent institution of higher education," as those terms are
defined by §
61.003, Education
Code.
(25) Licensee--An individual
holding a contractor's license of the class and endorsement appropriate to the
work performed under the Act and this chapter.
(26) Offering to perform--Making a written or
oral proposal, contracting in writing or orally to perform air conditioning and
refrigeration work, or advertising in any form through any medium that a person
or business entity is an air conditioning and refrigeration contractor, or that
implies in any way that a person or business entity is available to contract
for or perform air conditioning and refrigeration work.
(27) 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.
(28) Portable--Able to be easily transported
and readily used as an entire system, without need for dismantling or assembly
in whole or in part, or addition of parts, components, or
accessories.
(29) 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.
(30) 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 applicable edition of the Uniform
Mechanical Code as adopted under §75.110; or the applicable edition of the
International Mechanical Code as adopted under §75.110 and International
Fuel Gas Code, in areas where no code has been adopted; or the International
Residential Code, as applicable;
(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.
(31) Registrant--A person who is registered
with the department as a technician under the Act and this chapter.
(32) 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.
(33)
Self-contained--Constructed so that all required parts, components, and
accessories of the air conditioning or heating system are included within the
same enclosure.
(34) System
balancing--A process of adjusting, regulating, or proportioning air
distribution equipment or any activity beyond system testing.
(35) System testing--Assessing or measuring
the performance of the air distribution equipment or air conditioning and
refrigeration duct system through equipment that can be attached externally to
the system. Testing does not include opening, adjusting, or balancing equipment
or ducts or any activity beyond assessing the system through the use of
external equipment. Testing does not include testing fire and smoke
dampers.
(36) Total replacement of
a system--Simultaneous replacement of the condensing unit, the evaporator coil,
the furnace, if applicable, and the air handling unit, or replacement of a
package system.
Notes
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