(a) “Real property repair and remodeling” means the repair, restoration, remodeling, or modification of an improvement to real property other than:
(1) a structure or separate part of a structure used as a residence;
(2) an improvement immediately adjacent to a structure described by Subdivision (1) of this section and used in the residential occupancy of the structure or separate part of the structure by the person using the structure or part as a residence; or
(3) an improvement to a manufacturing or processing production unit in a petrochemical refinery or chemical plant that provides increased capacity in the production unit.
(b) In this section:
(1) “Increased capacity” means the capability to produce:
(A) additional products or services as measured by units per hour or units per year; or
(B) a new product or service.
(2) “Production unit” means a group of manufacturing and processing machines and ancillary equipment that together are necessary to create or produce a physical or chemical change beginning with the first processing of the raw material and ending with the finished product.
(3) “New product” means a product that:
(A) has different product properties and a different commercial application than the product previously manufactured or processed by the production unit that produced the previous product; and
(B) is not created by straining or purifying an existing product or by making cosmetic changes, such as adding or removing color or odor, to or from an existing product.