The following words and terms, when used in this part, have
the following meanings, unless the context clearly indicates otherwise:
(1) Act--The Plumbing License Law, Title 8, Chapter
1301, Occupations Code, as amended.
(2) Administrative Act--The Administrative Procedure
Act, the Texas Government Code, §2001.001, et seq, as amended.
(3) Administrator--The Board-appointed executive director
of all Board staff.
(4) Adopted Plumbing Code--A plumbing code, including
a fuel gas code adopted by the Board or a political subdivision, including
any city, town, village, municipality, public water system, municipal
utility district, in compliance with §1301.255 and §1301.551
of the Plumbing License Law.
(5) Advisory Committee--A Board appointed committee
subject to §1301.258 of the Plumbing License Law, §361.12
of the Board Rules and Chapter 2110 of the Texas Government Code,
of which the primary function is to advise the Board.
(6) Appliance Connection--An appliance connection procedure
using only a code approved appliance connector that does not require
cutting into or altering the existing plumbing system.
(7) Applicant--An individual seeking to obtain a License,
Registration or Endorsement.
(8) Board--The Texas State Board of Plumbing Examiners.
(9) Board Member--An individual appointed by the governor
and confirmed by the senate to serve on the Board.
(10) Building Sewer--The part of the sanitary drainage
system outside of the building, which extends from the end of the
building drain to a public sewer, private sewer, private sewage disposal
system, or other point of sewage disposal.
(11) Certificate of Insurance--A form submitted to
the Board certifying that the Responsible Master Plumber carries insurance
coverage as specified in §1301.522 of the Plumbing License Law
and §367.3 of the Board Rules.
(12) Chief Examiner--An employee of the Board who,
under the direction of the Administrator, coordinates and supervises
the activities of the Board examinations and registrations.
(13) Chief Field Representative--The Director of Enforcement
who is an employee of the Board who meets the definition of "Field
Representative" and, under the direction of the Executive Director,
coordinates and supervises the activities of the Field Representatives.
(14) Cleanout--A fitting, other than a p-trap, approved
by the adopted plumbing code and designed to be installed in a sanitary
drainage system to allow easy access for cleaning the sanitary drainage
system.
(15) Code-Approved Appliance Connector--A semi-rigid
or flexible assembly of tube and fittings approved by the adopted
plumbing code and designed for connecting an appliance to the existing
plumbing system without cutting into or altering the existing plumbing
system.
(16) Code Approved Existing Opening--For the purposes
of drain cleaning activities described in §1301.002(3) of the
Plumbing License Law, a code approved existing opening is any existing
cleanout fitting, inlet of any p-trap or fixture, or vent terminating
into the atmosphere that has been approved and installed in accordance
with the adopted plumbing code.
(17) Complaint--A written charge alleging a violation
of state law, Board rules or orders, local codes or ordinances, or
standards of competency; or the presence of fraud, false information,
or error in the attempt to obtain a License, Registration or Endorsement.
(18) Contested Case--A proceeding, including but not
limited to rulemaking, licensing and registering, in which the agency
determines the legal right, duties, and privileges of a party after
allowing an opportunity for adjudicative hearing of the case.
(19) Continuing Professional Education--Board-approved
courses/programs required for a licensee or registrant with an endorsement
to renew his or her License, Registration and/or Endorsement.
(20) Direct Supervision--
(A) The on-the-job oversight and direction of a Registered
Plumber's Apprentice performing plumbing work by a licensed plumber
who is fulfilling his or her responsibility to the client and employer
by ensuring the following:
(i) that the plumbing materials for the job are properly
prepared prior to assembly according to the material manufacturers
recommendations and the requirements of the adopted plumbing code;
and
(ii) that the plumbing work for the job is properly
installed to protect health and safety by meeting the requirements
of the adopted plumbing code and all requirements of local and state
ordinances, regulations and laws.
(B) The on-the-job oversight and direction by a licensed
Plumbing Inspector of an individual training to qualify for the Plumbing
Inspector Examination.
(C) For plumbing work performed only in the construction
of a new one-family or two-family dwelling in an unincorporated area
of the state, a Responsible Master Plumber is not required to provide
for the continuous or uninterrupted on-the-job oversight of a Registered
Plumber's Apprentice's work by a licensed plumber, however, the Responsible
Master Plumber must:
(i) provide for the training and management of the
Registered Plumber's Apprentice by a licensed plumber;
(ii) provide for the review and inspection of the Registered
Plumber's Apprentice's work by a licensed plumber to ensure compliance
with subparagraph (A)(i) and (ii) of this paragraph; and
(iii) upon request by the Board, provide the name and
plumber's license number of the licensed plumber who is providing
on-the-job training and management of the Registered Plumber's Apprentice
and who is reviewing and inspecting the Registered Plumber's Apprentice's
work on the job, or the name and plumber's license number of the licensed
plumber who trained and managed the Registered Plumber's Apprentice
and who reviewed and inspected the Registered Plumber's Apprentice's
work on a job.
(21) Drain Cleaner--An individual who has completed
at least 4,000 hours working under the supervision of a Responsible
Master Plumber as a registered Drain Cleaner-Restricted Registrant,
who has fulfilled the requirements of and is registered with the Board,
and who installs cleanouts and removes and resets p-traps to eliminate
obstructions in building drains and sewers.
(22) Drain Cleaner-Restricted Registrant--An individual
who has worked as a registered Plumber's Apprentice under the supervision
of a Responsible Master Plumber, who has fulfilled the requirements
of and is registered with the Board, and who clears obstructions in
sewer and drain lines through any code-approved existing opening.
(23) Endorsement--A certification issued by the Board
in addition to the Master, Plumbing Inspector, or Journeyman Plumber
License.
(24) Field Representative--For the purposes of the
Board Rules:
(A) "Field Representative" means an employee of the
Board who is:
(i) knowledgeable of this Act and of municipal ordinances
relating to plumbing;
(ii) qualified by experience and training in good plumbing
practice and compliance with this Act;
(iii) designated by the Board to assist in the enforcement
of this Act and rules adopted under this Act; and
(iv) licensed by the Board as a plumber.
(B) A field representative may:
(i) make on-site license and registration checks to
determine compliance with this Act;
(ii) investigate consumer complaints filed under §1301.303
of the Plumbing License Law;
(iii) assist municipal plumbing inspectors in cooperative
enforcement of this Act; and
(iv) issue citations as provided by §1301.502
of the Plumbing License Law.
(25) Journeyman Plumber--An individual licensed under
this Act who has met the qualifications for registration as a Plumber's
Apprentice or for licensure as a Tradesman Plumber-Limited Licensee,
who has completed at least 8,000 hours working under the supervision
of a Responsible Master Plumber, who supervises, engages in, or works
at the actual installation, alteration, repair, service and renovating
of plumbing, and who has successfully fulfilled the examinations and
requirements of the Board.
(26) License--A document issued by the Board to certify
that the named individual fulfilled the requirements of the Act and
of the Board Rules to hold a license issued by the Board.
(27) Licensing and Registering--The process of granting,
denying, renewing, revoking, or suspending a License, Registration
or Endorsement.
Cont'd... |
