Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 60.
TEXAS COMMISSION OF LICENSING AND REGULATION
Subchapter A. AUTHORITY AND RESPONSIBILITIES
16 TAC §60.10
The Texas Department of Licensing and Regulation proposes
amendments to §§60.10 concerning the Texas Commission of Licensing
and Regulation.
These rules are necessary to implement statutory changes to Title 2, Texas
Occupations Code, Chapter 51. The statutory changes to Chapter 51 were enacted
by Acts of the 77th Legislature; HB 1214. The proposed rules related to HB
1214, §41(b) define "Commissioner" as being the Executive Director of
the Texas Department of Licensing and Regulation and define the "Executive
Director" as being the Commissioner of the Texas Department of Licensing and
Regulation.
Michael Chisum, General Counsel and Director of Legal Services of the Texas
Department of Licensing and Regulation, has determined that for the first
five-year period these sections are in effect there will be no fiscal implications
as a result of enforcing or administering the proposed revised rules. There
also will be no fiscal implications on local government.
Mr. Chisum also has determined that for each year of the first five years
the sections are in effect, there will be no direct benefit to the public,
nor is there any cost to the public. This is due to the fact that the proposed
amendments are only for the purpose of modification of the definition of commissioner.
There is no anticipated economic effect on small businesses and persons
who are required to comply with the revised rules as proposed.
Comments on the proposal may be submitted to Michael Chisum, General Counsel
and Director of Legal Services, Texas Department of Licensing and Regulation,
P. O. Box 12157, Austin, Texas 78711, facsimile (512) 475-2872, or by e-mail:
michael.chisum@license.state.tx.us. The deadline for comments is thirty days
after publication in the
Texas Register
.
The amendments are proposed under Texas Occupations Code, Chapter
51, §51.203. The Department interprets §51.203 as authorizing the
Executive Director to adopt rules as necessary to implement this chapter and
any other law establishing a program regulated by the Department. The Department
interprets §41(b) of HB 1214, Acts of the 77th Texas Legislature, as
authorizing the Executive Director of the Texas Department of Licensing and
Regulation to promulgate and enforce a code of rules and take all action necessary
to assure compliance with the intent and purpose of Chapter 51.
The statutory provisions affected by the proposed amendments related to
HB 1214 are Texas Occupations Code, Chapter 51, §§51.001. No other
statutes, articles, or codes are affected by the proposed amendments.
§60.10.Definitions.
The following words and terms, when used in this chapter, have the
following meanings, unless the context clearly indicates otherwise.
(1) - (4)
(No Changes).
(5)
Commissioner--As used in any statute or
rule assigned to the Texas Department of Licensing and Regulation, means the
Chief Executive Officer, whose statutory title is Executive Director; therefore,
"Commissioner" and "Executive Director" have the same meaning.
(6)
[
(7)
[
(8)
Executive Director--as used in any statute
or rule assigned to the Texas Department of Licensing and Regulation, means
the Chief Executive Officer, whose position title is Commissioner; therefore,
"Commissioner" and "Executive Director" have the same meaning.
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
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 July 20, 2001.
TRD-200104188
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 2, 2001
For further information, please call: (512) 463-7348
The Texas Department of Licensing and Regulation proposes the repeal
of 16 Texas Administrative Code §§68.1, 68.10, 68.20, 68.21, 68.30,
68.31, 68.33, 68.60, 68.61, 68.62, 68.63, 68.64, 68.65, 68.66, 68.70, 68.90,
68.93, 68.100, 68.101 and new §§68.1, 68.10, 68.20, 68.30, 68.31,
68.50, 68.51, 68.52, 68.53, 68.54, 68.65, 68.70, 68.75, 68.76, 68,79, 68.90,
68.93, 68.100 and 68.101, concerning architectural barriers. The new rules
rearrange, consolidate, and revise existing language for clarification.
These rules are also necessary to implement a new regulatory program and
other statutory changes in Title 132, Texas Civil Statutes, Chapter 20, Article
9102, Architectural Barriers Act. Article 9102 was amended by Acts of the
77th Legislature; SB 484 and HB 1214. The proposed rules related to SB 484:
describe the buildings and facilities subject to compliance with the Texas
Accessibility Standards, provide certain exemptions to compliance, and establish
procedures for requesting a variance to waive compliance on specific items;
establish procedures for the accessibility review of construction documents
and for the inspection of subject buildings and facilities following construction
or renovation, require corrective modifications following an inspection that
finds items not in compliance, and provide for the issuance of notices evidencing
full compliance; establish procedures related to an advisory committee; establish
minimum qualifications for issuance of a certificate of registration for individuals
who will perform the agency's plan review and inspection functions, and establish
certain responsibilities and standards of conduct for these individuals, who
will be known as "registered accessibility specialists"; apply the same minimum
qualifications, responsibilities and standards of conduct to representatives
of state agencies and political subdivisions who may contract with the Department
to perform its plan review and inspection functions, except as may otherwise
be provided in their contracts; provide for the investigation of complaints
filed against registered accessibility specialists and against owners of subject
buildings or facilities, and for the assessment of administrative penalties
or sanctions when violations are found; adopt the Texas Accessibility Standards,
provide for the Department's publication of technical memoranda related to
those standards, and establish special standards for state leased buildings
or facilities.
The proposed rules related to HB 1214 define "Commissioner" as being the
Executive Director of the Texas Department of Licensing and Regulation and
define the "Executive Director" as being the Commissioner of the Texas Department
of Licensing and Regulation.
George Ferrie, Director of Code Review and Inspections, of the Texas Department
of Licensing and Regulation, has determined that for the first five-year period
these sections are in effect, there will be no fiscal implications until fee
rules are proposed and adopted by the Department. The Department anticipates
proposing the fee rules in the very near future.
Mr. Ferrie also has determined that for each year of the first five years
the sections are in effect, the public benefit as a result of enforcing the
section should be an increase in the level of accessibility in new and renovated
buildings and facilities in the state. An increase in general revenue to the
Department is also anticipated, which should help the Department increase
its enforcement and regulatory efforts.
The Department does not anticipate an economic effect on small businesses
and persons who are required to comply with the sections as proposed until
it proposes and adopts fee rules. The Department anticipates proposing and
adopting fee rules in the very near future.
Comments on the proposal may be submitted to George Ferrie, Director of
Code Review and Inspections, Texas Department of Licensing and Regulation,
P. O. Box 12157, Austin, Texas 78711, facsimile (512) 475-2872, or by e-mail:
george.ferrie@license.state.tx.us. The deadline for comments is thirty days
after publication in the
Texas Register
.
16 TAC §§68.1, 68.10, 68.20, 68.21, 68.30, 68.31, 68.33, 68.60 - 68.66, 68.70, 68.90, 68.93, 68.100, 68.101
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Occupations Code,
Chapter 51, §51.203, Texas Civil Statutes, Article 9102, §§5
and 5A, Acts of the 77th Legislature, SB 484, §5(b), and Acts of the
77th Texas Legislature, HB 1214, §41(b). The Department interprets §51.203
as authorizing the Executive Director to adopt rules as necessary to implement
this chapter and any other law establishing a program regulated by the Department.
The Department interprets §§5 and 5A of Article 9102, §5(b)
of SB 484, and §41(b) of HB 1214, as authorizing the Executive Director
of the Texas Department of Licensing and Regulation to promulgate and enforce
a code of rules and take all action necessary to assure compliance with the
intent and purpose of Article 9102.
The statutory provisions affected by the repeal are Texas Civil Statutes,
Article 9102, and Texas Occupations Code, Chapter 51. No other statutes, articles,
or codes are affected by the repeal.
§68.1.Authority.
§68.10.Definitions.
§68.20.Registration -- Submittal of Constructions Documents.
§68.21.Registration -- Subject Buildings and Facilities.
§68.30.Exemptions.
§68.31.Variance Procedures.
§68.33.Technical Deviation -- State Leased Facilities.
§68.60.Review of Construction Documents.
§68.61.Resubmittals.
§68.62.Inspections
§68.63.Corrective Modifications.
§68.64.Certificates and Approvals.
§68.65.Advisory Committee.
§68.66.Contract Providers.
§68.70.Responsibilities of the Registrant -- Construction Document Submittals.
§68.90.Sanctions -- Administrative Sanctions or Penalties.
§68.93.Complaints and Investigations.
§68.100.Technical Standards and Technical Memoranda.
§68.101.State Leases (Initial or Renewed).
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 July 20, 2001.
TRD-200104189
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 2, 2001
For further information, please call: (512) 463-7348
16 TAC §§68.1, 68.10, 68.20, 68.30, 68.31, 68.50 - 68.54, 68.65, 68.70, 68.75, 68.76, 68.79, 68.90, 68.93, 68.100, 68.101
The new rules are proposed under Texas Occupations Code, Chapter
51, §51.203, Texas Civil Statutes, Article 9102, §§5 and 5A,
Acts of the 77th Legislature, SB 484, §5(b), and Acts of the 77th Texas
Legislature, HB 1214, §41(b). The Department interprets §51.203
as authorizing the Executive Director to adopt rules as necessary to implement
this chapter and any other law establishing a program regulated by the Department.
The Department interprets §§5 and 5A of Article 9102, §5(b)
of SB 484, and §41(b) of HB 1214, as authorizing the Executive Director
of the Texas Department of Licensing and Regulation to promulgate and enforce
a code of rules and take all action necessary to assure compliance with the
intent and purpose of Article 9102.
The statutory provisions affected by the new rules are Texas Civil Statutes,
Article 9102, and Texas Occupations Code, Chapter 51. No other statutes, articles,
or codes are affected by these proposed new rules.
§68.1.Authority.
These rules are promulgated under the authority of the Architectural
Barriers Act, Texas Civil Statutes, Article 9102 and Texas Occupations Code,
Chapter 51.
§68.10.Definitions.
The following words and terms, when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act -- The Texas Architectural Barriers Act, Texas Civil
Statutes, Article 9102.
(2)
Building -- Any structure located in the State of Texas
that is used and intended for supporting or sheltering any use or occupancy.
(3)
Business days -- Calendar days, not including Saturdays,
Sundays, and legal holidays.
(4)
Commencement of Construction -- Placement of engineering
stakes, delivery of lumber or other construction materials to the job site,
erection of batter boards, formwork, or other construction related work.
(5)
Commissioner -- As used in Article 9102 and in this chapter,
has the same meaning as Executive Director.
(6)
Completion of Construction -- That phase of a construction
project which results in occupancy or the issuance of a certificate of occupancy.
(7)
Construction Documents -- Documents used for construction
of a building or facility, including working drawings, specifications, addenda,
and applicable change orders.
(8)
Contract Provider -- The state agency or political subdivision
under contract with the department to perform plan reviews, inspections, or
both.
(9)
Designated Agent -- An individual designated by the owner
to act on the owner's behalf.
(10)
Facility -- All or any portion of buildings, structures,
site improvements, complexes, equipment, roads, walks, passageways, parking
lots, or other real property located in the State of Texas.
(11)
Issue -- To mail or deliver plans or specifications to
an owner, lessee, contractor, subcontractor, or any other person acting for
an owner or lessee for the purpose of construction, after such plans or specifications
have been sealed by an architect, interior designer, landscape architect,
or engineer. In the event of a conflict between this definition and a definition
promulgated by a licensing agency with authority over the person issuing the
plans or specifications, then the definition of that licensing agency shall
govern.
(12)
Lessee -- With respect to state leased or occupied space,
the state agency that enters into a contract with a building owner. In instances
of free space or where a written contract is non-existent, reference to the
lessee shall mean the occupying state agency.
(13)
Owner -- The person or persons, company, corporation,
authority, commission, board, governmental entity, institution, or any other
entity that holds title to the subject building or facility. For purposes
under these rules and the Act, an owner may designate an agent.
(14)
Registered Building or Facility -- For the purposes of
Article 9102, §5(k), a registered building or facility is a construction
project that has been assigned a project registration number by the department.
(15)
Registered Accessibility Specialist -- An individual who
is certified by the department to perform the review functions, inspection
functions, or both review and inspection functions of the department.
(16)
Religious Organization -- An organization that qualifies
as a religious organization as provided in Vernon's Texas Statutes and Codes
Annotated Tax Code, Title 1, Subtitle C, Chapter 11, §11.20(c).
(17)
Renovated, Modified, or Altered -- Any construction activity,
including demolition, involving any part or all of a building or facility.
Cosmetic work and normal maintenance do not constitute a renovation, modification,
or alteration.
(18)
Rules -- Title 16, Texas Administrative Code, Chapter
68, the administrative rules of the Texas Department of Licensing and Regulation
promulgated pursuant to the Texas Architectural Barriers Act.
(19)
State Agency -- A board, commission, department, office,
or other agency of state government.
(20)
TAS -- the Texas Accessibility Standards.
(21)
Variance Application -- The formal documentation filed
with the department, by which the owner petitions the department to rule on
the impracticality of applying one or more of the standards or specifications
to a building or facility.
§68.20.Buildings and Facilities Subject to Compliance with the Texas Accessibility Standards.
(a)
A building or facility is subject to compliance with the
Texas Accessibility Standards (hereinafter "TAS") if:
(1)
public funds from a municipality, county, the state, or
any political subdivision of the state are used any time during the construction
process;
(2)
a municipality, county, the state, or any political subdivision
of the state donate land or other use of public lands on which buildings or
facilities are constructed with private funds; or
(3)
constructed with private funds with the intent of donating
or deeding to a public entity.
(b)
Buildings or facilities that are leased or rented to the
state:
(1)
need not be registered with the department for plan review
and inspection if the annual lease expense is $12,000 or less.
(2)
may be exempted from compliance if it is determined by
the occupying agency that the space will not be used by the public and that
the occasion for employment for persons with disabilities is improbable because
of the essential job functions. The agency shall, prior to advertisement for
bid, submit to the department for a determination a completed Lease Evaluation
Form obtained from the department. If a Lease Evaluation Form is not submitted,
compliance with all applicable standards shall be required.
(c)
The following private entities are considered public accommodations
and subject to the Act:
(1)
an inn, hotel, motel, or other place of lodging except
for an establishment located within a building that contains not more than
five rooms for rent or hire and that is actually occupied by the proprietor
of such establishment as the residence of such proprietor;
(2)
a restaurant, bar, or other establishment serving food
or drinks;
(3)
a motion picture house, theater, concert hall, stadium,
or other place of exhibition or entertainment;
(4)
an auditorium, convention center, lecture hall, or other
place of public gathering;
(5)
a bakery, grocery store, clothing store, hardware store,
shopping center, or other sales or rental establishment;
(6)
a laundromat, dry-cleaner, bank, barber shop, beauty shop,
travel service, shoe repair service, funeral parlor, gas station, office of
an accountant or lawyer, pharmacy, insurance office, professional office of
a health care provider, hospital, or other service establishment;
(7)
a terminal, depot, or other station used for specified
public transportation;
(8)
a park, zoo, amusement park, or other place of recreation;
(9)
a museum, library, gallery, or other place of public display
or collection;
(10)
a nursery, elementary, secondary, undergraduate, or postgraduate
private school, or other place of education;
(11)
a day care center, senior citizen center, homeless shelter,
food bank, adoption agency, or other social service center establishment;
and
(12)
a gymnasium, health spa, bowling alley, golf course, or
other place of exercise or recreation.
(d)
Commercial facilities are subject to the Act if they are
intended for non-residential use and if their operations will affect commerce.
Such application shall not include railroad locomotives, railroad freight
cars, railroad cabooses, railroad cars described in the Americans with Disabilities
Act (ADA) §242, or covered under the ADA, Title III, railroad rights-of-way,
or facilities that are covered or expressly exempted from coverage under the
federal Fair Housing Act of 1968.
(e)
Buildings or facilities of a religious organization are
subject to the Act except for areas exempted under §68.30 of this title
(relating to Exemptions).
(f)
Buildings or facilities not subject to the Act may be reviewed
and/or inspected upon request and payment of the applicable fee(s).
§68.30.Exemptions.
The following buildings, facilities, or spaces are exempt from the
provisions of the Act:
(1)
Federal Property
. Buildings
or facilities owned, operated, or leased by the federal government;
(2)
Construction Sites
. Structures,
sites, and equipment directly associated with the actual processes of construction,
including, but not limited to, scaffolding, bridging, materials hoists, materials
storage, construction trailers, portable toilet units provided for use exclusively
by construction personnel on a construction site;
(3)
Raised Security Areas
.
Raised areas used primarily for purposes of security, life safety, or fire
safety, including, but not limited to, observation galleries, prison guard
towers, fire towers, or lifeguard stands;
(4)
Limited Access Spaces
.
Spaces accessed only by ladders, catwalks, crawl spaces, very narrow passageways,
or tunnels;
(5)
Equipment Spaces
. Spaces
frequented primarily by personnel for maintenance, repair, or periodic monitoring
of equipment. Such spaces include, but are not limited to, elevator pits,
elevator penthouses, mechanical, electrical, or communications equipment rooms,
piping or equipment catwalks, petroleum and chemical processing and distribution
structures, electric substations and transformer vaults, environmental treatment
structures, and highway and tunnel utility facilities.
(6)
Single Occupant Structures
.
Single occupant structures accessed only by passageways below grade or elevated
above grade, including but not limited to, toll booths that are accessed only
by underground tunnels.
(7)
Restricted Occupancy Spaces
.
Vertical access (elevators and platform lifts) is not required for the second
floor of two-story control buildings located within a chemical manufacturing
facility where the second floor is restricted to employees and does not contain
common areas or employment opportunities not otherwise available in accessible
locations within the same building.
(8)
Places Used Primarily for Religious
Rituals
. Within a building or facility of a religious organization,
an area used primarily for religious ritual, as determined by the owner or
occupant. To facilitate the plan review, the owner or occupant shall include
a clear designation of such areas with the plans submitted for review. This
exemption does not apply to common areas. Examples of common areas include,
but are not limited to, the following: parking facilities, accessible routes,
walkways, hallways, toilet facilities, entrances, public telephones, drinking
fountains, and exits.
§68.31.Variance Procedures.
(a)
Requests to waive or modify a standard shall be submitted
on the Variance Application form prescribed by the department. A separate
variance application shall be submitted for each condition within a single
building or facility.
(b)
Variance applications shall be submitted by the owner of
the subject building or facility, and shall be accompanied by the applicable
fee.
(c)
A denial of a variance application may be appealed to the
Director of Code Review and Inspections, or his designate, in writing within
21 calendar days from issuance, upon payment of the applicable appeal fee.
(d)
A denial of a variance appeal from the Director of the
Code Review and Inspections Division may be appealed to the Executive Director
of the Texas Department of Licensing and Regulation, or his designate, in
writing within ten days of notification of the Division Director's decision.
The decision of the Executive Director may be appealed to the Texas Commission
of Licensing and Regulation in writing within ten calendar days of notification
of the Executive Director's decision.
(e)
At each stage of the variance process, the party making
the request shall be advised in writing of the determination.
§68.50.Submission of Construction Documents.
(a)
An architect, interior designer, landscape architect, or
engineer with overall responsibility for the design of a building or facility
subject to compliance with TAS, shall mail, ship, or hand-deliver the construction
documents to the department, a registered accessibility specialist, or a contract
provider not later than five (5) business days after the design professional
issues the construction documents..
(b)
An Architectural Barriers Project Registration form must
be completed for each subject building or facility and submitted along with
the construction documents and the applicable review fee.
(c)
In projects involving multiple phases, construction documents
pertaining to each phase shall be submitted in accordance with this chapter.
(d)
In projects involving "fast-track" construction, partial
submittals of constructions documents may be made. Construction documents
pertaining to each portion of the work shall be submitted in accordance with
these rules.
(e)
When bid packages involve multiple facilities such as prototypes
or other identical facilities, only one set of building drawings need be submitted.
An Architectural Barriers Project Registration form must be submitted for
each separate building and facility. Drawings noting site adaptations are
required for each location.
§68.51.Review of Construction Documents.
(a)
After review, the person making the submission will be
advised in writing of the results. Construction documents will be approved
only when the documents reflect compliance with all applicable accessibility
standards. Conditional approval may be granted when it is determined that
resubmittals are not warranted. Conditional approvals will refer to all items
noted during the review which must be included in the design and construction
of the building or facility.
(b)
Construction documents received by the department, a registered
accessibility specialist, or a contract provider shall become the property
of the department.
(c)
When the department, a registered accessibility specialist,
or a contract provider requires verification of design revisions, such verifications
may be made by submission of revised construction documents, change orders,
addenda, and letters specifically addressing each revision.
(1)
Resubmittals will be reviewed and the person making the
resubmittal will be advised of the results. Resubmittals will be approved
only when the resubmittal reflects compliance with all applicable accessibility
standards. Conditional approval may be granted when it is determined that
additional submittals are not warranted.
(2)
Resubmittals received after completion of construction,
based on the recorded estimated completion date, may not be reviewed but will
become a matter of record.
§68.52.Inspections.
(a)
The building or facility owner must request an inspection
from the department, a registered accessibility specialist, or a contract
provider no later than thirty (30) calendar days after the completion of construction,
renovation, modification, or alteration of the subject building or facility.
(b)
Inspections will be performed during the normal operating
hours of the owner. Any deviation from operating hours shall be at the convenience
of the owner.
(c)
The owner will be notified of the impending inspection
and requested to be present during the inspection.
(d)
The owner will be advised of the results of each inspection.
§68.53.Corrective Modifications Following Inspection.
When corrective modifications to achieve compliance are required, the
department, registered accessibility specialist, or contract provider shall:
(1)
provide the owner a list of deficiencies and a deadline
for completing modifications;
(2)
grant an extension, consistent with established procedures,
if satisfactory evidence is presented showing that the time period specified
is inadequate to perform the necessary corrections; and
(3)
require written verification of corrective modifications
from the owner, as needed.
§68.54.Notice of Compliance.
A Notice of Substantial Compliance will be provided to the owner, after
a newly constructed building or facility has had a satisfactory inspection
or submitted verification of corrective modifications.
§68.65.Advisory Committee.
(a)
The purpose of the Architectural Barriers Advisory Committee
is to review rules and Technical Memoranda relating to the Architectural Barriers
program and recommend changes in the rules and Technical Memoranda to the
Commission and the Executive Director.
(b)
Recommendations of the committee will be transmitted to
the Commission by the Executive Director through the Director of the Code
Review and Inspections Division.
(c)
Committee meetings are called by the chair or Executive
Director. Meetings in excess of those mandated by the Act may be authorized
by the Executive Director.
(d)
Expenses reimbursed to committee members shall be limited
to authorized expenses incurred while on committee business and traveling
to and from committee meetings. The least expensive method of travel should
be used. Expenses can be reimbursed to committee members only when the legislature
has specifically appropriated money for that purpose.
(e)
Expenses paid to committee members shall be limited to
those allowed by the State of Texas Travel Allowance Guide and the Texas Department
of Licensing and Regulation policies governing travel allowances for employees.
(f)
The committee shall consist of four building professionals
and five consumers. A majority of the Committee shall be persons with disabilities.
Committee members will serve staggered three-year terms.
§68.70.Registered Accessibility Specialists -- Qualifications for Certification.
(a)
An applicant seeking departmental certification as a registered
accessibility specialist in order to perform plan review services shall meet
the following minimum qualifications:
(1)
Any one of the following:
(A)
a degree in architecture, engineering, interior design,
landscape architecture, or equivalent, and a minimum of one year experience
related to building planning, accessibility design or review, or equivalent;
or
(B)
eight years experience related to building planning, accessibility
design or review, or equivalent; or
(C)
four years experience related to building planning, accessibility
design or review, or equivalent, and certification as an accessibility specialist
granted by a model building code organization; and
(2)
satisfactory completion of the Texas Accessibility Academy;
and
(3)
pass an examination approved by the department.
(b)
An applicant seeking departmental certification as a registered
accessibility specialist in order to provide inspection services shall meet
the following minimum qualifications:
(1)
Any one of the following:
(A)
minimum of a high school diploma or equivalent; and
(B)
either
(i)
four years experience related to building inspections,
accessibility inspections, building planning, accessibility design or review,
or equivalent; or
(ii)
two years experience related to building inspections,
accessibility inspections, building planning, accessibility design or review,
or equivalent, and certification as an accessibility specialist as granted
by a model building code organization; and
(2)
satisfactory completion of the Texas Accessibility Academy;
and
(3)
pass an examination approved by the department.
(c)
An applicant shall submit a complete application for certification
on the form prescribed by the department, accompanied by all appropriate fees.
An applicant must complete all requirements, including satisfactory completion
of an examination, no later than one year after the date the application is
filed.
(d)
Each applicant who satisfies all requirements will be provided
a wallet card. The wallet card is the actual certificate of registration.
A wall certificate will be provided to a new registrant.
(e)
Endorsement codes for certificates of registration are
as follows: Plan review functions-R; Inspection functions-I; Plan review and
inspection functions-RI.
§68.75.Responsibilities of the Registered Accessibility Specialist.
(a)
Registered accessibility specialists may set and collect
fees for services.
(b)
Records maintained by registered accessibility specialists,
as required by department rules or procedures, are subject to the provisions
of the Texas Government Code, Chapter 552, Texas Open Records Act.
(c)
Registered accessibility specialists endorsed for plan
review services shall submit all required fees to the department, and comply
with all procedures established by the department relating to plan reviews.
(d)
Registered accessibility specialists endorsed for inspection
services shall:
(1)
verify the ownership of each building or facility for which
they perform inspection services, prior to submittal of the inspection;
(2)
submit all required fees to the department, and comply
with all procedures established by the department relating to inspections.
§68.76.Standards of Conduct for the Registered Accessibility Specialist.
(a)
Competency
. The registered
accessibility specialist shall be knowledgeable of and adhere to the Act,
the rules, the TAS, Technical Memoranda published by the department, and all
procedures established by the department for plan reviews and inspections.
It is the obligation of the registered accessibility specialist to exercise
reasonable judgment and skill in the performance of plan reviews, inspections,
and related activities.
(b)
Integrity
. A registered
accessibility specialist shall be honest and trustworthy in the performance
of plan review, inspection, and related activities, and shall avoid misrepresentation
and deceit in any fashion, whether by acts of commission or omission. Acts
or practices that constitute threats, coercion, or extortion are prohibited.
(c)
Interest
. The primary interest
of the registered accessibility specialist is to ensure compliance with the
Act, the rules, and the TAS. The registered accessibility specialist's position,
in this respect, should be clear to all parties concerned while conducting
plan reviews, inspections, and related activities.
(d)
Conflict of Interest
. A
registered accessibility specialist is obliged to avoid conflicts of interest
and the appearance of a conflict of interest. A conflict of interest or the
appearance of a conflict of interest includes, but is not limited to, the
following:
(1)
performing a plan review, inspection, or a related activity
on a building or facility in which a registered accessibility specialist is
an owner, either in whole or in part, or an employee of a full or partial
owner;
(2)
performing a plan review, inspection, or related activity
on a building or facility in which a member of the family of the registered
accessibility specialist is an owner, either in whole or in part;
(3)
performing a plan review, inspection, or related activity
on a building or facility for which the design of the current project was
created, either in whole or in part, by the registered accessibility specialist;
and
(4)
performing a plan review, inspection, or related activity
on a building or facility for which the design of the current project was
created, either in whole or in part, by the registered accessibility employer(s).
(e)
Specific Rules of Conduct
.
A registered accessibility specialist shall not:
(1)
participate, whether individually or in concert with others,
in any plan, scheme, or arrangement attempting or having as its purpose the
evasion of any provision of the Act, the rules, or the TAS;
(2)
knowingly furnish inaccurate, deceitful, or misleading
information to the department, a building owner, or other person involved
in a plan review, inspection, or related activity;
(3)
state or imply to the building owner that the department
will grant a variance;
(4)
engage in any activity that constitutes dishonesty, misrepresentation,
or fraud while performing a plan review, inspection, or related activity;
and
(5)
perform a plan review, inspection, or related activity
in a negligent or incompetent manner.
§68.79.Contract Providers.
In addition to the specific terms of their contracts, contract providers
are subject to the same minimum qualifications, responsibilities, and standards
of conduct as registered accessibility specialists. Contract providers are
also subject to the same investigation and audit procedures as registered
accessibility specialists.
§68.90.Administrative Sanctions or Penalties.
(a)
If a person violates any provision of Title 132A, Texas
Civil Statutes, Article 9102, any provision of Title 16, Texas Administrative
Code, Chapter 68, any provision of the Texas Accessibility Standards (TAS),
or an order of the Executive Director or Commission, proceedings may be instituted
to impose administrative sanctions, administrative penalties, or both administrative
penalties and sanctions in accordance with the provisions of Title 132A, Texas
Civil Statutes, Article 9102; Title 2, Texas Occupations Code, Chapter 51;
and Title 16, Texas Administrative Code, Chapter 60 of this title (relating
to the Texas Department of Licensing and Regulations).
(b)
It is a violation of the Act for a person to perform a
plan review or inspection function of the department, unless that person is
a department employee, a registered accessibility specialist with the appropriate
endorsement, or a contract provider. A person who does not hold one of these
designations and performs a plan review or inspection function of the department
is subject to administrative penalties in accordance with the Act or Title
2, Texas Occupations Code, Chapter 51 and Title 16, Texas Administrative Code,
Chapter 60.
(c)
Cheating on an examination is grounds for denial, suspension,
or revocation of a license, imposition of an administrative penalty, or both.
§68.93.Complaints, Investigations, and Audits.
(a)
Complaints
. A complaint
may be filed against an owner if there is reason to believe that a building
or facility is not in compliance with the Act, the rules, or the TAS. A complaint
may be filed against a registered accessibility specialist if there is reason
to believe that the registered accessibility specialist has violated the Act,
the rules, or the TAS.
(b)
Investigations and Monitoring
. Owners of buildings and facilities subject to compliance with the
TAS are subject to investigation by the department. Registered accessibility
specialists are subject to investigation and monitoring by the department.
(c)
Inspection and Copying of Records
of Registered Accessibility Specialist
. A registered accessibility
specialist's records, pertaining to a project for which plan review, inspection,
or related activities have been or will be performed, shall be made available
for the inspection and copying by the department. The registered accessibility
specialist shall make said records available within ten (10) calendar days
of receiving a written request for records from the department.
§68.100.Technical Standards and Technical Memoranda.
(a)
The Texas Department of Licensing and Regulation adopts
by reference the Texas Accessibility Standards (TAS), April 1, 1994 edition.
(b)
The Texas Department of Licensing and Regulation may from
time to time, publish Technical Memoranda to provide clarification of technical
matters relating to the Texas Accessibility Standards, if such memoranda have
been reviewed by the Architectural Barriers Advisory Committee.
(c)
Copies of TAS or Technical Memoranda may be obtained at
www.license.state.tx.us or by contacting the department.
§68.101.State Leases (initial or renewed).
(a)
State leased buildings or facilities with an annual lease
expense in excess of $12,000 shall be registered with the department by completing
a State Lease Registration form. For state leased buildings or facilities
that are being newly constructed or substantially renovated, an Architectural
Barriers Project Registration form shall also be completed.
(b)
Buildings or facilities that are leased or occupied in
whole or in part for use by the state, shall meet the following requirements
of TAS:
(1)
New construction shall comply with TAS 4.1.2 and 4.1.3.
(2)
Additions shall comply with TAS 4.1.5.
(3)
Alterations shall comply with TAS 4.1.6.
(4)
Historic buildings or facilities shall comply with TAS
4.1.7.
(5)
Existing buildings and facilities are ones that have not
been constructed, renovated, modified or altered since April 1, 1994. In an
existing building or facility, where alterations are not planned or the planned
alterations will not affect an area containing a primary function, the following
minimum requirements shall apply:
(A)
If parking is required as part of the lease agreement or
is provided to serve the leased area, accessible parking spaces shall comply
with TAS 4.6.
(B)
An accessible route from the parking area(s) shall comply
with TAS 4.3.
(C)
At least one entrance serving the leased space shall comply
with TAS 4.14.
(D)
If toilet rooms or bathrooms are required by the lease
agreement or are provided to serve the leased area, at least one set of men's
and women's toilet rooms or bathrooms or at least one unisex toilet room or
bathroom serving the leased area shall comply with TAS 4.22 or 4.23.
(E)
Signage at toilet rooms or bathrooms shall comply with
TAS 4.30. Toilet rooms or bathrooms serving the leased area which are not
accessible shall be provided with signage complying with TAS 4.30.1, 4.30.2,
4.30.3, 4.30.5 and 4.30.7, indicating the location of the nearest accessible
toilet room or bathroom within the facility.
(F)
If drinking fountains are required by the lease agreement,
or are provided to serve the leased area, at least one fountain shall comply
with TAS 4.15. If more than one drinking fountain is provided, at least 50%
shall comply with TAS 4.15.
(G)
If public telephones are required by the lease agreement,
or are provided to serve the leased area, at least one public telephone shall
comply with TAS 4.31.
(H)
If an element or space of a lease is not specified in this
subsection but is present in a state leasehold, that element or space shall
comply with TAS 4.1.6.
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 July 20, 2001.
TRD-200104190
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 2, 2001
For further information, please call: (512) 463-7348
16 TAC §§71.1, 71.10, 71.21, 71.22, 71.70, 71.80, 71.90
The Texas Department of Licensing and Regulation proposes
new §§71.1, 71.10, 71.21, 71.22, 71.70, 71.80, and 71.90 concerning
the regulation of certain warrantors of vehicle protection products.
These rules are necessary to implement a new regulatory program required
by Title 132, Texas Civil Statutes, Chapter 20, Article 9035, Vehicle Protection
Product Regulatory Act. Article 9035 was enacted by Acts of the 77th Legislature;
SB 714 and HB 1214. The proposed rules related to SB 714 establish requirements
and set fees necessary for the registration and regulation of certain warrantors
of vehicle protection products. The proposed rules related to HB 1214 define
"Commissioner" as being the Executive Director of the Texas Department of
Licensing and Regulation and define the "Executive Director" as being the
Commissioner of the Texas Department of Licensing and Regulation.
Jimmy Martin, Director of Enforcement, of the Texas Department of Licensing
and Regulation, has determined that for the first five-year period these sections
are in effect there will be fiscal implications as a result of enforcing or
administering these new rules. State government will have an increase in revenue
due to the collection of fees for certificates of registration. The average
annual revenue increase for each of the first five years these sections are
in effect will be approximately $24,800, for an approximate total amount of
$124,000 for the first five-year period. Costs to the state are expected to
be approximately equal to these revenues. There will be no fiscal implications
on local government.
Mr. Martin also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the section will be to provide industry oversight and require warrantors of
vehicle protection products to maintain financial responsibility.
The anticipated economic effect on small businesses and persons who are
required to comply with the sections as proposed will be a yearly registration
fee of $500 for registrants who became obligated as warrantors of 0 to 999
vehicle protection product warranties during the twelve (12) months preceding
the date of the application; $1,000 for registrants who became obligated as
warrantors of 1,000 to 1,999 vehicle protection product warranties during
the twelve (12) months preceding the date of the application; and $1,500 for
registrants whom became obligated as warrantors of 2,000 or more vehicle protection
product warranties during the twelve (12) months preceding the date of the
application.
The cost of compliance will not exceed the statutory limit of $2,500 per
annual registration fee.
Comments on the proposal may be submitted to Jimmy G. Martin, Director
of Enforcement, Texas Department of Licensing and Regulation, P. O. Box 12157,
Austin, Texas 78711, facsimile (512) 475-2872, or by e-mail: jimmy.martin@license.state.tx.us.
The deadline for comments is thirty days after publication in the
Texas Register
.
The new rules are proposed under Texas Occupations Code, Chapter
51, §51.203 and Texas Civil Statutes, Article 9035, §4. The Department
interprets §51.203 as authorizing the Executive Director to adopt rules
as necessary to implement this chapter and any other law establishing a program
regulated by the Department. The Department interprets §4 of Article
9035 and §41(b) of HB 1214, Acts of the 77th Texas Legislature, as authorizing
the Executive Director of the Texas Department of Licensing and Regulation
to promulgate and enforce a code of rules and take all action necessary to
assure compliance with the intent and purpose of Article 9035.
The statutory provisions affected by the new rules are Texas Civil Statutes,
Article 9035, and Texas Occupations Code, Chapter 51. No other statutes, articles,
or codes are affected by these proposed new rules.
§71.1.Authority.
These rules are promulgated under the authority of Title 132, Texas
Civil Statutes, Chapter 20, Article 9035, and Title 2, Texas Occupations Code,
Chapter 51.
§71.10.Definitions.
The following words and terms, when used in this chapter, have the
following meanings, unless the context clearly indicates otherwise.
(1)
Commissioner--As used in Texas Civil Statutes, Article
9035, and in these rules, has the same meaning as Executive Director.
(2)
Executive Director--As used in Texas Civil Statutes, Article
9035, and in these rules, has the same meaning as Commissioner.
(3)
Financial statements--A balance sheet, income statement,
statement of cash flows, and statement of equity reflecting the financial
condition of the subject during the most recent twelve (12) months, prepared
in accordance with generally accepted accounting principles.
(4)
Net worth--The excess of total assets over total liabilities.
(5)
Nonpublic information--Information prohibited from disclosure
by statute.
§71.21.Registration Requirements - General.
(a)
No person may operate as a warrantor of vehicle protection
products, or offer to be a warrantor of vehicle protection products sold or
offered in this state without first registering with the department.
(b)
Registration is valid for one year from the date issued
and must be renewed annually.
(c)
The required fee must accompany both initial and renewal
applications.
(d)
Falsification of information on an application is cause
for denial of the application and revocation of the registration.
§71.22.Registration Requirements - Financial Security Requirements.
(a)
Each applicant and registrant may comply with the financial
security requirement under Article 9035 by:
(1)
submitting proof of a reimbursement insurance policy described
in Article 9035, or
(2)
presenting an audit report and audited financial statements
for the twelve-month period preceding the filing of the application which
demonstrate that either the applicant or the registrant, or the parent corporation
of the applicant or registrant, if there is one, has a net worth of at least
$50 million.
(b)
If the applicant or registrant relies upon the net worth
of its parent corporation to satisfy the financial security requirements of
Article 9035, then the applicant or registrant must furnish sufficient written
proof that the parent corporation has agreed to guarantee the liabilities
and obligations of the applicant or registrant relating to vehicle protection
products sold or offered for sale by the applicant or registrant in this state.
§71.70.Responsibilities of Registrant.
(a)
A registrant must provide the following written notification
to all purchasers of their vehicle protection products and warranties: "Regulated
by the Texas Department of Licensing and Regulation, P. O. Box 12157, Austin,
Texas 78711, 1-800-803-9202, 512-463-6599." The notification shall be on all
contracts and invoices prepared, issued, or used by the registrant.
(b)
A registrant shall notify the Department in writing within
thirty (30) days of any change in the information set forth in the registrant's
application.
(c)
The registrant shall allow the department to audit, examine,
and copy any and all records maintained by the registrant pursuant to Article
9035 or relating to vehicle protection products sold or offered for sale in
this state.
(d)
A registrant who is a warrantor of vehicle protection products
shall provide a copy of the warranty to the purchaser within 45 days from
the date of purchase.
(e)
A registrant who is a warrantor of vehicle protection products
shall not disclose nonpublic information obtained in connection with the sale
of a vehicle protection product in this state except to an entity acting on
behalf of the registrant to perform the functions required to implement the
vehicle protection product warranty who agrees not to disclose the nonpublic
information.
(f)
An entity acting on behalf of the registrant under subsection
(e) of this section shall not disclose nonpublic information concerning a
consumer unless it is necessary to fulfill the terms and conditions of the
consumer's warranty.
§71.80.Fees.
(a)
All fees are non-refundable.
(b)
The original and renewal registration fees shall be:
(1)
$500 for registrants who became obligated as warrantors
of 0 to 999 vehicle protection product warranties during the twelve (12) months
preceding the date of the application;
(2)
$1,000 for registrants who became obligated as warrantors
of 1,000 to 1,999 vehicle protection product warranties during the twelve
(12) months preceding the date of the application; and
(3)
$1,500 for registrants who became obligated as warrantors
of 2,000 or more vehicle protection product warranties during the twelve (12)
months preceding the date of the application.
(c)
A $50 fee shall be charged for duplicate or amended registration
certificates.
§71.90.Administrative Penalties and Sanctions.
If a person violates any provision of Title 132, Texas Civil Statutes,
Chapter 20, Article 9035, any provision of Title 16, Texas Administrative
Code, Chapter 71, or any provision of an order of the Executive Director or
Commission, proceedings may be instituted to impose administrative penalties,
administrative sanctions, or both administrative penalties and sanctions in
accordance with the provisions of Title 132, Texas Civil Statutes, Chapter
20, Article 9035; Title 2, Texas Occupations Code, Chapter 51; and Title 16,
Texas Administrative Code, Chapter 60 of this title (relating to the Texas
Department of Licensing and Regulation).
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 July 20, 2001.
TRD-200104185
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 2, 2001
For further information, please call: (512) 463-7348
16 TAC §75.10, §75.100
The Texas Department of Licensing and Regulation proposes
amendments to §75.10 and §75.100 concerning the regulation of air
conditioning and refrigeration contractors.
These rules are necessary to implement statutory changes to Title 132,
Texas Civil Statutes, Article 8861, Air Conditioning and Refrigeration Contractor
License Law. The statutory changes to Article 8861 were enacted by Acts of
the 77th Legislature; HB 196 and HB 1214. The proposed rule revisions related
to HB 196 change the references to codes to be applied by air conditioning
and refrigeration contractors performing installation services and in fulfilling
the standards of practice for their professional services. The proposed rules
related to HB 1214 define "Commissioner" as being the Executive Director of
the Texas Department of Licensing and Regulation and define the "Executive
Director" as being the Commissioner of the Texas Department of Licensing and
Regulation.
Jimmy Martin, Director of Enforcement, of the Texas Department of Licensing
and Regulation, has determined that for the first five-year period these sections
are in effect there will be no fiscal implications as a result of enforcing
or administering the proposed revised rules. There also will be no fiscal
implications on local government.
Mr. Martin also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the section will be to provide increased industry oversight and to clarify
contractors' responsibilities under municipal codes affecting air conditioning
and refrigeration services.
There is no anticipated economic effect on small businesses and persons
who are required to comply with the revised rules as proposed.
Comments on the proposal may be submitted to Jimmy G. Martin, Director
of Enforcement, Texas Department of Licensing and Regulation, P. O. Box 12157,
Austin, Texas 78711, facsimile (512) 475-2872, or by e-mail: jimmy.martin@license.state.tx.us.
The deadline for comments is thirty days after publication in the
Texas Register
.
The amendments are proposed under Texas Occupations Code, Chapter
51, §51.203 and Texas Civil Statutes, Article 8861, §3. The Department
interprets §51.203 as authorizing the Executive Director to adopt rules
as necessary to implement this chapter and any other law establishing a program
regulated by the Department. The Department interprets §3 of Article
8861 and §41(b) of HB 1214, Acts of the 77th Texas Legislature, as authorizing
the Executive Director of the Texas Department of Licensing and Regulation
to promulgate and enforce a code of rules and take all action necessary to
assure compliance with the intent and purpose of Article 8861.
The statutory provisions affected by the proposed amendments related to
HB 196 are Texas Occupations Code, Chapter 51 and Texas Civil Statutes, Article
8861. The statutory provisions affected by the proposed amendments related
to HB 1214 are Texas Occupations Code, Chapter 51, §51.001 and Texas
Civil Statutes, Article 8861, §2. No other statutes, articles, or codes
are affected by the proposed amendments.
§75.10.Definitions.
The following words and terms have the following meanings:
(1)-(8)
(No Change).
(9)
Commissioner -- As used in Texas Civil
Statutes, Article 8861, and in these rules, has the same meaning as Executive
Director.
(10)
[
(11)
[
(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)
[
(13)
[
(14)
[
(15)
[
(16)
Executive Director -- as used in Texas
Civil Statutes, Article 8861, and in these rules, has the same meaning as
Commissioner.
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(A)
applicable municipal ordinances and codes adopted by a
municipality where the installation occurs;
(B)
the
least
[
(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)
[
§75.100.Technical Requirements.
(a)-(d)
(No Change)
(e)
Standards
(1)
The standard for the practice of air conditioning and refrigeration
in a municipality is the code the municipality adopted by ordinance, provided
that the ordinance does not make the code less strict than the
current
[
(2)
The standards for the practice of air conditioning and
refrigeration in an area where no code has been adopted is the least strict
applicable provision of the
current
[
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 July 20, 2001.
TRD-200104187
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 2, 2001
For further information, please call: (512) 463-7348
(5)
] Complainant--Any person who
has filed a complaint with the Department against any person whose activities
are subject to the jurisdiction of the Department.
(6)
] Contested case or proceeding--A
proceeding in which the legal rights, duties, or privileges of a party are
to be determined by the Department after an opportunity for adjudicative hearing.
(7)
] Final decision maker--The
Commission and/or the Executive Director, both of whom are authorized by law
to render the final decision in a contested case.
(8)
] Hearings Examiner, Examiner,
Administrative Law Judge--A person appointed by the Executive Director to
conduct hearings in contested cases.
(9)
] License--The whole or part
of any Departmental registration, license, Commission, certificate of authority,
approval, permit, endorsement, title or similar form of permission required
or permitted by law.
(10)
] Party--A person admitted
to participate in a case before the final decision maker.
(11)
] Person--any individual,
partnership, corporation, or other legal entity, including a state agency
or governmental subdivision.
(12)
] Pleading--A written document
submitted by a party, or a person seeking to participate in a case as a party,
which requests procedural or substantive relief, makes claims, alleges facts,
makes legal argument, or otherwise addresses matters involved in the case.
(13)
] Respondent--Any person,
licensed or unlicensed, who has been charged with violating a law establishing
a regulatory program administered by the Department or a rule or order issued
by the Commission or the Executive Director.
(14)
] Rule--Any Departmental statement
of general applicability that implements, interprets, or prescribes law or
policy, or describes the procedure or practice requirements of the Department
and is filed with the Texas Register.
(15)
] T.R.C.P.--Texas Rules of
Civil Procedure
(16)
] U.S.P.S.--United States
Postal Service.
Chapter 68.
ARCHITECTURAL BARRIERS
Chapter 71.
WARRANTORS OF VEHICLE PROTECTION PRODUCTS
Chapter 75.
AIR CONDITIONING AND REFRIGERATION CONTRACTOR LICENSE LAW
(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:
(11)
] 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.
(12)
] 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.
(13)
] 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.
(14)
] 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.
(15)
] 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.
(16)
] Licensee -- an individual
holding a license of the class and endorsement appropriate to the work performed
under the Act and these rules.
(17)
] 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.
(18)
] 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.
(19)
] Proper installation -- installing
air conditioning or refrigeration equipment in accordance with:
most
] stringent current
Uniform Mechanical
Code
[
Codes, Standard Mechanical Code,
Standard Gas Code
], International Mechanical Code, and International
Fuel Gas Code in areas where no code has been adopted;
(20)
] 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.
2000
] edition of the code adopted.
2000
] International
Mechanical Code or the
current
[
2000
] Uniform Mechanical
Code.
Chapter 80.
LICENSED COURT INTERPRETERS