Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-34-3 - Definitions3.1. "Act" means the Regulation of Heating, Ventilating, and Cooling Work Act, W. Va. Code § 21-16-1et seq.3.2. "Cease and desist order" means an order issued by the Division of Labor pursuant to the Act and this rule to an unlicensed person who performs work for which a license is required.3.3. "Classification" or "scope of work" means the scope of practice of an HVAC technician, HVAC residential technician, or HVAC technician-in-training as defined in W. Va. Code § 21-16-4.3.4. "Commissioner" means the Commissioner of the West Virginia Division of Labor and his or her authorized representatives.3.5. "Direct supervision" means the direction, oversight, and control of a licensed HVAC technician-in-training's work by a licensed HVAC technician or a licensed HVAC residential technician. "Direct supervision" also means the direction, oversight, and control of a licensed HVAC residential technician by a licensed HVAC technician on non-residential HVAC systems.3.6. "Division" means the West Virginia Division of Labor and its authorized representatives.3.7. "Employer-sponsored training program" means a planned curriculum, approved by the Commissioner, that includes training in workplace and technical competencies.3.8. "HVAC work" means heating, ventilating, and air conditioning or cooling work, but does not include work on refrigeration lines, steam lines, or hydronics.3.9. "ICC" refers to the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001.3.10. "Immediate family," as used in W. Va. Code § 21-16-3(d)(1), means a person's parents, spouse, sibling, or child.3.11. "Non-residential heating, ventilating, and cooling system" means any system:3.11.1. Consisting of more than four separate heating, ventilating, and cooling units with a combined capacity of more than 20 tons - 520,000 BTUs;3.11.2. Used in commercial structures over 5,000 square feet;3.11.3. Where fire dampers are used or required; or3.11.4. Consisting of packaged rooftop units.3.12. "Other authorization to practice," as used in section 15 of this rule, means a nontransferable acknowledgement, other than a license, by another state government that is provided to an individual asserting that the individual has met the educational and examination requirements to engage in the performance of HVAC work.