The following words and terms, when used in this part, have
the following meanings, unless the context clearly indicates otherwise:
(1) APA--The Administrative Procedure Act, Chapter
2001 of the Texas Government Code.
(2) Adopted Plumbing Code--A plumbing code, including
a fuel gas code adopted by the Board or a political subdivision, in
compliance with §1301.255 and §1301.551 of the Plumbing
License Law.
(3) Advisory Committee--A committee appointed by the
presiding officer of the board created to assist the board in exercising
its powers and duties.
(4) 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.
(5) Applicant--An individual seeking to obtain a license,
registration or endorsement issued by the Board.
(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) 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.
(9) Certificate of Insurance--A form submitted to the
Board certifying that the Responsible Master Plumber carries insurance
coverage as specified in the Plumbing License Law and Board Rules.
(10) Chief Examiner--An employee of the Board who,
under the direction of the Executive Director, coordinates and supervises
the activities of the Board examinations and registrations.
(11) 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.
(12) 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.
(13) 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.
(14) Complaint--A written complaint filed with the
Board against a person whose activities are subject to the jurisdiction
of the Board.
(15) Contested Case--A proceeding in which the legal
rights, duties, or privileges of a party are to be determined by the
Board after an opportunity for adjudicative hearing.
(16) Continuing Professional Education or CPE--Approved
courses/programs required for a licensee or registrant.
(17) Director of Enforcement--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.
(18) 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.
(19) Endorsement--A certification issued by the Board
as an addition to a Master Plumber, Plumbing Inspector, or Journeyman
Plumber License or a Plumber's Apprentice Registration, including
a Drain Cleaner Registration, a Drain Cleaner-Restricted Registration,
and a Residential Utilities Installer Registration.
(20) Executive Director--The executive director of
the Texas State Board of Plumbing Examiners who is employed by the
Board as the executive head of the agency.
(21) Field Representative--An employee of the Board
who is:
(A) knowledgeable of the Plumbing License Law and of
municipal ordinances related to plumbing;
(B) qualified by experience and training in good plumbing
practice and compliance with the Plumbing License Law;
(C) designated by the Board to assist in the enforcement
of the Plumbing License Law and Board rules;
(D) licensed by the Board as a plumber; and
(E) hired to:
(i) make on-site license and registration checks to
determine compliance with the Plumbing License Law;
(ii) investigate complaints; and
(iii) assist municipal plumbing inspectors in cooperative
enforcement of the Plumbing License Law.
(22) Journeyman Plumber--An individual licensed under
the Plumbing License Law who has met the qualifications for registration
as a Plumber's Apprentice or for licensure as a Tradesman Plumber-Limited,
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.
(23) License--A license, registration, certification,
or endorsement issued by the Board.
(24) Licensing and Registering--The process of granting,
denying, renewing, reinstating, revoking, or suspending a license,
registration or endorsement.
(25) Maintenance Man or Maintenance Engineer--An individual
who:
(A) is an employee, and not an independent contractor
or subcontractor;
(B) performs plumbing maintenance work incidental to
and in connection with other employment-related duties; and
(C) does not engage in plumbing work for the general
public.
(D) For the purposes of paragraph 25(B), "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. It
does not include cutting into fuel gas plumbing systems and the installation
of gas fueled water heaters.
(E) 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.
(26) Master Plumber--An individual licensed under the
Plumbing License Law who is skilled in the design, planning, superintending,
and the practical installation, repair, and service of plumbing, 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.
(27) Medical Gas Piping Installation Endorsement--
Cont'd... |
