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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 17TEXAS STATE BOARD OF PLUMBING EXAMINERS
CHAPTER 361ADMINISTRATION
SUBCHAPTER AGENERAL PROVISIONS
RULE §361.1Definitions

  (49) Public Water System--A system for the provision to the public of water for human consumption through pipes or other constructed conveyances. Such a system must have at least 15 service connections or serve at least 25 individuals at least 60 days out of the year. Two or more systems with each having a potential to serve less than 15 connections or less than 25 individuals, but owned by the same person, firm, or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are 15 or greater or if the total number of individuals served by the combined systems total 25 or greater, at least 60 days out of the year. Without excluding other meanings of the terms "individual" or "served," an individual shall be deemed to be served by a water system if the individual lives in, uses as the individual's place of employment, or works in a place to which drinking water is supplied from the water system.

  (50) 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.

  (51) Residential Utilities Installer--An individual who has completed at least 2,000 hours working under the supervision of a Responsible Master Plumber as a registered Plumber's Apprentice, who has fulfilled the requirements of and is registered with the Board, and who constructs and installs yard water service piping for one family or two family dwellings and building sewers.

  (52) Respondent--A person charged in a complaint filed with the Board.

  (53) Responsible Master Plumber--A person licensed as a Master Plumber who:

    (A) allows the person's Master Plumber license to be used by only one plumbing company for the purpose of offering and performing plumbing work under the person's Master Plumber license;

    (B) is authorized to obtain permits for plumbing work; assumes responsibility for plumbing work performed under the person's license;

    (C) has submitted a certificate of insurance as required by §1301.3576 of the Plumbing License Law and §367.3 of the Board Rules; and

    (D) has completed and submitted a certificate of completion of a training program as required by §1301.3576 of the Plumbing License Law and §363.13 of the Board Rules.

  (54) 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.

  (55) Supervision--The general on-the-job or off-the-job oversight, direction and management of plumbing work and individuals performing plumbing work by a Responsible Master Plumber who is fulfilling his or her responsibility to the client and employer by ensuring the following:

    (A) that the operations of the plumbing company that has secured his or her services meets the requirements of all applicable local and state ordinances, regulations and laws; and

    (B) that the plumbing work performed under his or her License will protect health and safety by meeting the requirements of the adopted plumbing code and all requirements of local and state ordinances, regulations and laws.

  (56) 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.

  (57) Tradesman Plumber-Limited Licensee--An individual who has completed at least 4,000 hours working under the direct supervision of a Journeyman or Master Plumber as a registered Plumber's Apprentice, who has passed the required examination and fulfilled the other requirements of the Board, who constructs and installs plumbing for one family or two family dwellings under the supervision of a Responsible Master Plumber, and who has not met or attempted to meet the qualifications for a Journeyman Plumber License.

  (58) Two Family Dwelling--A detached structure with separate means of egress designed for the residence of two families ("duplex") that does not have the characteristics of a multiple family dwelling and is not primarily designed for transient guests or for providing services for rehabilitative, medical, or assisted living in connection with the occupancy of the structure.

  (59) Water Supply Protection Specialist--A Master or Journeyman Plumber who holds the Water Supply Protection Specialist Endorsement issued by the Board to engage in customer service inspections, as defined by rule of the Texas Commission on Environmental Quality, and the installation, service, and repair of plumbing associated with the treatment, use, and distribution of rainwater to supply a plumbing fixture or appliance.

  (60) Water Treatment--A business conducted under contract that requires experience in the analysis of water, including the ability to determine how to treat influent and effluent water, to alter or purify water, and to add or remove a mineral, chemical, or bacterial content or substance. The term also includes the installation and service of potable water treatment equipment in public or private water systems and making connections necessary to complete installation of a water treatment system. The term does not include treatment of rainwater or the repair of systems for rainwater harvesting.

  (61) Work as a Master Plumber--To act as and assume the responsibilities of a Responsible Master Plumber, as defined in this section.

  (62) Yard Water Service Piping--The building supply piping carrying potable water from the water meter or other source of water supply to the point of connection to the water distribution system at the building.


Source Note: The provisions of this §361.1 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective August 25, 1993, 18 TexReg 5399; amended to be effective December 8, 1993, 18 TexReg 8785; amended to be effective April 15, 1994, 19 TexReg 2279; amended to be effective August 8, 1994, 19 TexReg 5709; amended to be effective June 7, 1996, 21 TexReg 4686; amended to be effective February 27, 1997, 22 TexReg 1807; amended to be effective April 9, 1998, 23 TexReg 3445; amended to be effective June 1, 1999, 24 TexReg 4008; amended to be effective August 3, 2000, 25 TexReg 7176 ; amended to be effective December 30, 2001, 26 TexReg 10574; amended to be effectiveFebruary 12, 2004, 29 TexReg 1199; amended to be effective August 11, 2004, 29 TexReg 7700; amended to be effective October 30, 2007, 32 TexReg 7687; amended to be effective February 3, 2011, 36 TexReg 420; amended to be effective February 6, 2012, 37 TexReg 485; amended to be effective February 14, 2013, 38 TexReg 640; amended to be effective February 11, 2014, 39 TexReg 655; amended to be effective February 9, 2016, 41 TexReg 967

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