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, Section 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 Section 5B of the Act.
(5) Advisory Committee--A Board appointed committee subject
to Section 5(f) of the Act and Chapter 2110 of the 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 Section 15 of the Act and Section 367.3 of these 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--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.
(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 Section 2(13) of the Act, 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 to renew his or her License and/or Endorsement.
(20) Direct Supervision--
(A) The on-the-job oversight and direction of an individual
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.
(21) Drain Cleaner--An individual who has completed at least
4,000 hours working under the supervision of a 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
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 or Journeyman Plumber License.
(24) Field Representative--for the purposes of these 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.
(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 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.
(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 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 these 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.
(28) 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. An individual 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
individuals shall not engage in plumbing work for the general public.
(29) Master Plumber--An individual licensed under this Act
who is skilled in the planning, superintending, and the practical installation,
repair, and service of plumbing, who secures permits for plumbing work, who
is knowledgeable about the codes, ordinances, or rules and regulations governing
those matters, who alone, or through an individual or individuals under his
supervision, performs plumbing work, and who has successfully fulfilled the
examinations and requirements of the Board.
(30) 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.
Cont'd... |
