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, Texas Civil Statutes, Article 6243-101, as amended. (2) Administrative Act--The Administrative Procedure Act, the Government Code, Chapter 2001, as amended. (3) Administrator--The board-appointed executive head of the administrative staff. (4) Agency--Any board, commission, department, or officer having statewide jurisdiction to make rules or determine contested cases other than an agency wholly financed by federal funds, the legislature, the courts, the Texas Workers' Compensation Commission, and institutions of higher education. (5) Appliance connection--A minor appliance connection procedure that does not require cutting into existing piping. (6) Applicant--An individual seeking to obtain a
license or endorsement. (7) Board--The Texas State Board of Plumbing Examiners. (8) Board member--An individual appointed by the governor and confirmed by the senate to serve on the board. (9) Code--The Texas Administrative Code, as provided in the Government Code, Chapter 2002, as amended. (10) Complaint--A written charge alleging: (A) violation of state law, board rules or orders, local codes or ordinances, or standards of competency; or (B) the presence of fraud, false information, or error in the attempt to obtain a license or endorsement. (11) Contested case--A proceeding, including, but not limited to, rulemaking and licensing, in which the agency determines the legal right, duties, and privileges of a party after allowing an opportunity for adjudicative hearing of the case. (12) Continuing professional
education--Board-approved courses/programs necessary for a plumber to renew his or her license; such courses/programs shall update and expand plumbers' knowledge of plumbing, new laws, codes, technology, conservation, and health, safety, environmental requirements. (13) Endorsement--A certification issued by the board in addition to the master or journeyman plumber license. (14) Field representative--An individual: (A) informed and knowledgeable about the Plumbing Act and related municipal ordinances; (B) trained and experienced in good plumbing practice; (C) employed and designated by the board as qualified to assist in the enforcement of this Act and rules adopted under it. (15) Hardship--A set of circumstances that warrants the board's consideration of waivers or special procedures. (16) Journeyman plumber--An individual other than a
master plumber who: (A) supervises over, engages in, or works at the actual installation, alteration, repair, service, or renovation of plumbing; and (B) has successfully completed the examinations and met the board's requirements for journeyman status. (17) License--A document issued by the board to certify that the cited person fulfilled the requirements of the Act and of these rules. (18) Licensing--The process of granting, denying, renewing, revoking, or suspending a license or endorsement. (19) Maintenance Man or Maintenance Engineer--An employee, as opposed to an independent contractor, who performs plumbing maintenance work incidental to and in connection with other duties. "Incidental to and in connection with" includes the repair, maintenance and replacement of existing potable water piping, existing sanitary waste and vent piping, existing plumbing fixtures and existing
water heaters. "Incidental to and in connection with" does not include cutting into fuel gas plumbing systems and the installation of gas fueled water heaters. A person who erects, builds, or installs plumbing not already in existence may not be classified as a maintenance man or maintenance engineer. Plumbing work performed by a maintenance man or maintenance engineer is not exempt from state law and municipal rules and ordinances regarding plumbing codes, plumbing permits and plumbing inspections. Such maintenance persons shall not engage in plumbing work for the general public. (20) Master plumber--An individual: (A) skilled in the planning, superintending, and the practical installation, repair, alteration, service, and renovation of plumbing; (B) familiar with the codes, ordinances, laws, and rules governing plumbing matters and authorized to obtain permits for the undertaking of plumbing installation or service;
(C) successful in completing the examinations and meeting the board's requirements for master plumber status. (21) Medical gas piping installation endorsement--A document entitling the holder of a master or journeyman plumber license to install pipe used solely to transport gases used for medical purposes. (22) Medical gas piping technician--A master or journeyman plumber who holds a medical gas piping installation endorsement. (23) Party--Each person named or admitted in association with an action as a party. (24) Person--An individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. (25) Petitioner--A person asking the board to adopt a rule. (26) Plumbing--All piping, fixtures, appurtenances, and appliances, including disposal systems, drain or waste pipes,
or any combination of these that: (A) supply, recirculate, drain, or eliminate water, gas, liquids, and sewage for all personal or domestic purposes in and about buildings where persons live, work, or assemble; (B) connect the building on its outside with the source of water, gas, or other liquid supply, or combinations of these, on the premises, or the water main on public property; and (C) carry wastewater or sewage from or within a building to the sewer service lateral on public property or the disposal or septic terminal that holds private or domestic sewage. The installation, repair, service, maintenance, alteration, or renovation of all piping, fixtures, appurtenances, and appliances on premises where persons live, work, or assemble that supply gas, water, liquids, or any combination of these, or dispose of wastewater or sewage. (27) Plumbing company--A business which engages in plumbing work. There is
no criteria other than the performance of plumbing work that will designate a business a plumbing company. (28) Plumbing Inspector--An individual with no financial or advisory interests in any plumbing company who: is employed by or is an agent of a political subdivision to check plumbing work for compliance with health and safety laws and ordinances; and has successfully completed the examinations and met the Board's requirements for plumbing inspector status. (29) Pocket Card--A card issued by the Board which certifies that the holder has a plumbing license. (30) Registered plumbing apprentice--An individual other than a master plumber or journeyman plumber whose principal occupation is learning about and assisting in the installation of plumbing. A registered plumbing apprentice may assist a licensed journeyman or master plumber with a medical gas endorsement in the installation of medical gas systems; however,
he or she may do so only under the direct supervision and within sight of the endorsee. The registered plumbing apprentice may not braze, assemble, nor install required pipe markings. (31) Regularly employed--Steadily, uniformly, or habitually working in an employer-employee relationship with a view of earning a livelihood, as opposed to working casually or occasionally. (32) Respondent--A person charged in a complaint filed with the board. (33) Responsible Master Plumber--A responsible master plumber is the master that allows his Master Plumber License to be used by a company for the purpose of performing plumbing work and obtaining the required plumbing permits. The master plumber, by allowing his license to be used in this manner, assumes responsibility for all plumbing work performed. A Responsible Master Plumber may allow his master plumber license to be used by only one plumbing company. (34) Roster of
licensees--A statewide directory giving the names and addresses of currently licensed master plumbers, journeyman plumbers, and plumbing inspectors, and any other information deemed pertinent by the board. (35) Rule--An agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the agency. The term includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management or organization of the agency and not affecting private rights or procedures. (36) System--An interconnection between one or more public or private end users of water, gas, sewer, or disposal systems that could endanger public health if improperly installed. Cont'd... |
