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 Texas Government Code, Chapter 2001, Section 2001.001, et seq, as
amended.
(3) Administrator - The Board -appointed executive head
of the administrative staff.
(4) Appliance Connection - A minor appliance connection
procedure that does not require cutting into existing piping.
(5) Applicant - An individual seeking to obtain a License
or Endorsement.
(6) Board - The Texas State Board of Plumbing Examiners.
(7) Board Member - An individual appointed by the governor
and confirmed by the senate to serve on the Board.
(8) Chief Examiner - an employee of the Board who, under
the direction of the Administrator, coordinates and supervises the activities
of the Board examinations.
(9) Chief Field Representative - an employee of the Board
who meets the definition of "Field Representative" and, under the direction
of the Administrator, coordinates and supervises the activities of the Field
Representatives.
(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 rule making 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 required for a plumber to renew his or her License and/or
Endorsement.
(13) Endorsement - a certification issued by the Board
in addition to the Master or Journeyman Plumber License.
(14) Field Representative -
(A) For the purposes of these Rules, "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
(iii) designated by the Board to assist in the enforcement
of this Act and rules adopted under this Act.
(B) A field representative may:
(i) make on-site license checks to determine compliance with
this Act;
(ii) investigate consumer complaints filed under Section 8A
of this Act;
(iii) assist municipal plumbing inspectors in cooperative enforcement
of this Act; and
(iv) issue citations as provided by Section 14 of this Act.
(15) Journeyman Plumber - any person other than
a 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.
(16) License - A document issued by the Board to certify
that the cited person fulfilled the requirements of the Act and of these rules.
(17) Licensing - The process of granting, denying, renewing,
revoking , or suspending a License or Endorsement.
(18) 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.
(19) Master Plumber - a person skilled in the planning,
superintending, and the practical installation, repair, and service of plumbing
and is familiar with the codes, ordinances, or rules and regulations governing
those matters, who alone, or through a person or persons under his supervision,
performs plumbing work, and who has successfully fulfilled the examinations
and requirements of the Board.
(20) Medical Gas Piping Installation Endorsement - a document
entitling the holder of a Master or Journeyman Plumber License to install
piping that is used solely to transport gases used for medical purposes including,
but not limited to oxygen, nitrous oxide, medical air, nitrogen, medical vacuum
and medical air.
(21) Party - Each person named or admitted in association
with an action as a party.
(22) Person - An individual, partnership, corporation,
association, governmental subdivision, or public or private organization of
any character other than an agency.
(23) Petitioner - A person asking the Board to adopt a
rule.
(24) 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 waste water 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 waste water
or sewage.
(25) 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.
(26) Plumbing Inspection - Any of the inspections required
in Sec. 15(a) of the Act, including any check of pipes, faucets, tanks, plumbing
fixtures and appliances by and through which a supply of water, gas or sewage
is used or carried that is performed on behalf of any city or municipality
of more than five thousand (5,000) inhabitants to ensure compliance with the
municipality's adopted plumbing and gas codes and ordinances regulating plumbing.
(27) Plumbing Inspector - An individual with no financial
or advisory interests in any plumbing company who: is authorized by the Act
and Board Rules to conduct plumbing inspections and 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.
(28) Pocket Card - A card issued by the Board which certifies
that the holder has a Master Plumber License, Journeyman Plumber License,
or Plumbing Inspector License.
(29) 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. The work that
may be performed by a Registered Plumbing Apprentice is limited by the Act
and these rules (See Sec.365.2 and Sec 367.3 of these Rules).
(30) 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.
(31) Respondent - A person charged in a complaint filed
with the Board.
(32) 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.
Cont'd... |
