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RULE §367.1General Provisions
Repealed Date:08/29/2018

(a) Enforcement of all applicable laws including the Act, Board rules, and Board orders vests in the Board.

(b) Enforcement of the Act, local codes, and ordinances, and local standards of competency vests in local authorities. The Board may take disciplinary actions as specified in this chapter in the event of any violation of any of these requirements.

(c) Each locally designated plumbing inspector shall enforce the Act and municipal ordinances and should file complaints with the Board and with local prosecutors.

(d) The Board shall employ individuals knowledgeable of plumbing practice and law as field representative to assist in the enforcement of the Act. A field representative may:

  (1) Inspect plumbing work sites to assess compliance with the Law;

  (2) Inquire into consumer complaints and reported violations of the Law;

  (3) Assist municipal authorities in enforcing the Act; and

  (4) Issue citations for violations of the Act.

(e) To protect the health and safety of the citizens of this state, the Board adopts the following plumbing codes:

  (1) the 2012 Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials; and

  (2) the 2012 International Plumbing Code, as published by the International Code Council and the codes incorporated by reference within the 2012 International Plumbing Code, including:

    (A) the 2012 International Fuel Gas Code; and

    (B) the 2012 International Residential Code.

(f) The Board may by rule adopt later editions of the plumbing codes listed under subsection (e) of this section.

(g) Plumbing must be installed in accordance with the plumbing codes applicable to the area or jurisdiction where the plumbing is installed.

  (1) Plumbing installed in an area where no plumbing code has been adopted and not otherwise subject to regulation under the Act or another state law by an individual licensed under the Act must be installed in accordance with a plumbing code adopted by the Board under subsection (e) or (f) of this section.

  (2) Incomplete plumbing installations which commenced under the requirements of an earlier edition of the plumbing codes and prior to the Board's adoption of the 2012 editions of the plumbing codes, may continue to completion under the requirements of the earlier edition.

  (3) Liquefied Petroleum Gas (LPG) piping must be installed in accordance with the rules of the Texas Railroad Commission.

(h) In adopting plumbing codes and standards for the proper design, installation, and maintenance of a plumbing system under this section, a municipality or an owner of a public water system may amend any provisions of the codes and standards to conform to local concerns that do not substantially vary with rules or laws of this state.

(i) Plumbing installed in compliance with a code adopted under subsection (e), (f), or (h) of this section must be inspected by a plumbing inspector. To perform this inspection, the political subdivision may contract with any plumbing inspector or qualified plumbing inspection business, as determined by the political subdivision, that is paid directly by the political subdivision. The plumbing inspector must be licensed as required by §§1301.255(e), 1301.351(b) and 1301.551 of the Plumbing License Law.

(j) The potable water supply piping for every plumbing fixture, including water closet plumbing fixtures and other equipment that use water shall be installed to prevent the back flow of nonpotable substances into the potable water system according to the provisions of an adopted plumbing code. Water closet fill valves (ball cocks) shall be of the antisiphon, integral vacuum breaker type with the critical level (the air inlet portion of the vacuum breaker) installed at least one inch (1") above the flood level rim of the fixture (the inlet of the water closet overflow tube).

Source Note: The provisions of this §367.1 adopted to be effective August 25, 1993, 18 TexReg 5400; amended to be effective December 8, 1993, 18 TexReg 8787; amended to be effective August 8, 1994, 19 TexReg 5711; amended to be effective February 5, 1998, 23 TexReg 755; amended to be effective January 30, 2001, 26 TexReg 975; amended to be effective December 30, 2001, 26 TexReg 10592; amended to be effective August 11, 2004, 29 TexReg 7702; amended to be effective February 2, 2009, 34 TexReg 598; amended to be effective February 14, 2013, 38 TexReg 643

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