For the purposes of this chapter, the following terms have the following meanings: (1) ADMINISTRATIVE PROCEDURE ACT. Chapter 22 of Title 41 and any rules adopted thereunder. (2) BOARD. The State Board of Heating, Air Conditioning, and Refrigeration Contractors. (3) CERTIFICATION or LICENSE. The process of testing to determine the knowledge and skill of an individual with respect to heating, air conditioning, and refrigeration. (4) CERTIFIED HEATING AND AIR CONDITIONING CONTRACTOR. Any person engaged in the business of heating and air conditioning contracting and installation or service and repair. (5) CERTIFIED REFRIGERATION CONTRACTOR. Any person engaged in the business of refrigeration contracting and servicing, installation, and repair. (6) DUCT AIR TIGHTNESS TESTING CONTRACTOR. Any person engaged in the practice of testing and verifying duct air tightness in conjunction with the installation, service, or repair of a heating and air conditioning system. (7) HEATING AND AIR CONDITIONING SYSTEM. A heating or cooling apparatus consisting of an air heating or cooling fixture from pipes, plenums, or blowers, including any accessory and equipment installed in connection within the system. The term does not include window units, automotive, or farm implement type heating or air conditioning equipment. (8) INSTALLATION. The act of setting up or installing a heating and air conditioning system or refrigeration system for operation and use. (9) PERSON. Includes an individual, firm, partnership, or corporation. (10) REFRIGERATION. 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. (11) REFRIGERATION TRADE OR BUSINESS. Any individual or legal entity engaged in the installation, maintenance, servicing, and repairing of refrigerating machinery, equipment, devices, and components. (12) REGULARLY EMPLOYED PERSON. An individual who meets all of the following conditions: a. Is an actual employee of the business, not an independent contractor. b. Works an average of 30 or more hours per week for the heating, air conditioning, or refrigeration business. c. Is not paid as an independent contractor. d. Receives a Form W-2, Wage and Tax Statement, for all earnings. (13) RESPONSIBLE CHARGE. The direction of projects involving the installation or service and repair of heating, air conditioning, and refrigeration systems requiring initiation, professional skills, technical knowledge, and independent judgment. (14) SERVICE AND REPAIR. The act of maintaining for operation a heating, air conditioning, or refrigeration system that has previously been installed, including parts replacement within a piece of equipment.
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