(a)

1. (1) The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.
2. (2) Words not defined in this part shall have the meaning stated in the Webster’s Ninth New Collegiate Dictionary, as revised.

(b) As used in this part:

1. (1) “Board” means the HVACR Licensing Board;
2. (2) “BTUH” means British thermal unit per hour of heat;
3. (3) “Designated license holder” means the Class A, B, D, or E licensee who is responsible for the HVACR work performed;
4. (4) “Department” means the Department of Labor and Licensing;
5. (5) “Heating and air conditioning” means the process of treating air to control temperature, humidity, cleanliness, ventilation, or circulation to meet human comfort requirements;
6. (6) “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;
7. (7) “Horsepower” means the equivalent to seven hundred forty-six watts (746 W);
8. (8) “HVACR electrical work” means electrical work for the purpose of supplying an electrical connection to an HVACR system and shall be limited to installing within seventy-five feet (75’) or less of final electrical connection to a HVAC or refrigeration unit from an existing electrical panel, installed in accordance with the state-adopted National Electrical Code and any state, local, inspection or permit requirement;
9. (9) “HVACR gas fitting work” means gas fitting work performed in accordance with the Arkansas Fuel Gas Code, 17 CAR pt. 67, and any state or local inspection or permit requirements for the purpose of supplying an HVACR system, and shall be limited to installing seventy-five feet (75’) 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;

10. (10)

    1. (A) “HVACR maintenance work” means repair, modification, service, and all other work required for the normal continued performance of an HVACR system.
    2. (B) 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 § 20-23-101 et seq.;

11. (11) “Pattern of incompetence” means one (1) or more of the following:

    1. (A) A history of repeat offenses as described by citation reports;
    2. (B) One (1) or more impositions of civil penalties by the HVACR Licensing Board; and
    3. (C) Criminal activity not conducive to the trust and well-being of the public;
12. (12) “Licensee” means the holder of a license issued pursuant to this act;
13. (13) “Mechanical inspector” means any person or persons who is employed by a state, county, or local jurisdiction that has adopted an inspection and permit program and is responsible for the inspections of HVACR equipment or installations within their jurisdiction;
14. (14) “One ton” means twelve thousand (12,000) BTUH;

15. (15) “Persons” means any:

    1. (A) Individual;
    2. (B) Firm;
    3. (C) Partnership;
    4. (D) Copartnership;
    5. (E) Corporation;
    6. (F) Association;
    7. (G) Cooperative; or
    8. (H) Any other association or combination thereof;
16. (16) “Public entity” means any agency of the State of Arkansas or any political subdivision of the state;
17. (17) “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;

18. (18) “Registrant” means a person who:

    1. (A) Does not hold a Class A, B, D, or E HVACR license;
    2. (B) Can only perform work for an HVACR licensee; and
    3. (C) Holds a current HVACR registration;
19. (19) “Repair” means the reconstruction or replacement of any part of an existing HVACR system for the purpose of its maintenance;
20. (20) “Secretary” means the Secretary of the Department of Labor and Licensing or his or her designee;

21. (21) “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:

    1. (A) Has adopted a national model mechanical code; and
    2. (B) Utilizes a comprehensive examination created and proctored by a national examination agency or equivalent; and
22. (22) “Ventilation” means the process of supplying or removing air by natural or mechanical means to or from any space.