Arkansas Administrative Code › Agency 235 - DEPARTMENT OF LABOR AND LICENSING › Division 13 - Heating, Ventilation, Air Condition, and Refrigeration Licensing Board › Rule 235.13.22-005 - Rules of the HVACR Licensing Board

Current through Register Vol. 49, No. 6, June, 2024
RULES PERTAINING TO THE LICENSING OF HEATING,
				VENTILATION, AIR CONDITIONING AND REFRIGERATION CONTRACTORS
SECTION I.
AUTHORITY
The following rules are duly adopted and promulgated by the
				Arkansas Heating, Ventilation, Air Conditioning and Refrigeration Licensing
				Board pursuant to the authority expressly conferred by the laws of the State of
				Arkansas in Act 277, of 1991, as amended, and Act 96, of 1913, as
				amended.
SECTION II.
PURPOSE
The purpose of this rule is to provide for the administration
				and enforcement of Act 277, of 1991, as amended.
SECTION III.
DEFINITIONS
The following words and terms, when used in this rule, shall
				have the following meanings, unless the context clearly indicates otherwise.
				Words not defined in this rule shall have the meaning stated in the Webster's
				Ninth New Collegiate Dictionary, as revised.
(1) "Board" means the Arkansas Heating,
			 Ventilation, Air Conditioning and Refrigeration Licensing Board;
(2) "BTUH" means British Thermal Unit per
			 hour of heat;
(3) "Deferred
			 License" means an inactive or non-usable license;
(4) "Designated License Holder" means the
			 Class A, B, C, D or E licensee who is responsible for the HVACR work
			 performed;
(5) "Department" means
			 the Arkansas Department of Labor and Licensing;
(6) "Director" means the Director of the
			 Division of Occupational and Professional Licensing Boards and Commissions or
			 other designee of the Secretary of the Department of Labor and
			 Licensing;
(7) "Heating and Air
			 Conditioning" means the process of treating air to control temperature,
			 humidity, cleanliness, ventilation, or circulation, to meet human comfort
			 requirements;
(8) "Heating,
			 Ventilation, Air Conditioning and Refrigeration" or "HVACR" means the design,
			 installation, construction, maintenance, service, repair, alteration or
			 modification of a product or of equipment in heating and air conditioning,
			 refrigeration, ventilation, or process cooling or heating systems;
(9) "Horsepower" means the equivalent to 746
			 watts;
(10) "HVACR Gas Fitting
			 Work" means gas fitting work for the purpose of supplying an HVACR system and
			 shall be limited to installing six (6) feet or less of final gas piping
			 connection to a heating unit from an existing, accessible manual safety shutoff
			 gas cock, installing flue gas vents and combustion air for the HVACR
			 system;
(11) "HVACR Licensing Fund"
			 means a fund established under this act to be used exclusively to fund all
			 activities covered under this act;
(12) "HVACR Maintenance Work" means repair,
			 modification, service and all other work required for the normal continued
			 performance of an HVACR system. This term does not include the installation or
			 total replacement of a system, or the installation of boiler or pressure
			 vessels that must be installed by persons licensed under Arkansas Code Title
			 20, Chapter 23.
(13) "Pattern of
			 Incompetence" means one or more of the following:
(a) A history of repeat offenses as described
			 by citation reports.
(b) One or
			 more impositions of civil penalties by the Board.
(c) Criminal activity not conducive to the
			 trust and wellbeing of the public.
(14) "Licensee" means the holder of a license
			 issued pursuant to this act;
(15)
			 "One Ton" means 12,000 BTUH;
(16)
			 "Persons" means any individual, firm, partnership, co-partnership, corporation,
			 association, cooperative or any other association or combination
			 thereof;
(17) "Public Entity" means
			 any agency of the State of Arkansas or any political subdivision of the
			 state;
(18) "Refrigeration" means
			 the use of mechanical or absorption equipment to control temperature, humidity,
			 or both, in order to satisfy the intended use of a specific space other than
			 for human comfort;
(19)
			 "Registrant" means a person who does not hold a Class A, B, C, D or E HVACR
			 license and who can only perform work for an HVACR licensee and who holds a
			 current HVACR registration;
(20)
			 "Repair" means the reconstruction or replacement of ant part of an existing
			 HVACR system for the purpose of its maintenance;
(21) "Subcontractor" means a person who
			 performs a portion of the HVACR installation;
(22) "Substantially similar" license means an
			 occupational license from another state or political subdivision of that state
			 or territory, or district of the United States that has adopted a national
			 model mechanical code and utilizes a comprehensive examination created and
			 proctored by a national examination agency or equivalent.
(23) "Ventilation" means the process of
			 supplying or removing air by natural or mechanical means to or from any
			 space.