| (31) One Family Dwelling--a detached structure designed for
the residence of a single family 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.
(32) Party--Each person named or admitted in association with
an action as a party.
(33) Paid Directly--As related to Section 5B(e) of the Act
and Section 365.1(4)(B) of these Rules, "paid" and "directly" have the common
meanings and "paid directly" means that compensation for plumbing inspections
must be paid by the political subdivision to the individual Licensed Plumbing
Inspector who performed the plumbing inspections.
(34) Person--For the purposes of these Rules only, a person
means an individual, partnership, corporation, limited liability company,
association, governmental subdivision or public or private organization of
any character other than an agency.
(35) Petitioner--A person asking the Board to adopt a rule.
(36) Plumber's Apprentice--any individual other than a Master
Plumber, Journeyman Plumber, or Tradesman Plumber-Limited Licensee who, as
his or her principal occupation, is engaged in learning and assisting in the
installation of plumbing, is registered by the Board, and works under the
supervision of a licensed Master Plumber and the direct supervision of a licensed
plumber.
(37) Plumbing--All piping, fixtures, appurtenances, and appliances,
including disposal systems, drain or waste pipes, or any combination of these
that: supply, recirculate, drain, or eliminate water, gas, medical gasses
and vacuum, liquids, and sewage for all personal or domestic purposes in and
about buildings where persons live, work, or assemble; 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 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 waster water or sewage.
(38) Plumbing Company--A person, as defined in these Rules,
who engages in the plumbing business.
(39) Plumbing Inspection--Any of the inspections required in
Section 5B and Section 15(a) of the Act, including any check of pipes, faucets,
tanks, valves, water heaters, plumbing fixtures and appliances by and through
which a supply of water, gas, medical gasses or vacuum, or sewage is used
or carried that is performed on behalf of any political subdivision, public
water supply, municipal utility district, town, city or municipality to ensure
compliance with the adopted plumbing and gas codes and ordinances regulating
plumbing.
(40) Plumbing Inspector--means any individual who is employed
by a political subdivision, or who contracts as an independent contractor
with a political subdivision, for the purpose of inspecting plumbing work
and installations in connection with health and safety laws, ordinances, and
plumbing and gas codes, who has no financial or advisory interests in any
plumbing company, and who has successfully fulfilled the examinations and
requirements of the Board.
(41) Pocket Card--A card issued by the Board which certifies
that the holder has a Master Plumber License, Journeyman Plumber License,
Tradesman Plumber-Limited License, Plumbing Inspector License, Residential
Utilities Installer Registration, Drain Cleaner Registration, Drain Cleaner-Restricted
Registration or a Plumber's Apprentice Registration..
(42) Political Subdivision--A political subdivision of the
State of Texas that includes a:
(A) city;
(B) county;
(C) school district;
(D) junior college district;
(E) municipal utility district;
(F) levee improvement district;
(G) drainage district;
(H) irrigation district;
(I) water improvement district;
(J) water control improvement district;
(K) water control preservation district;
(L) freshwater supply district;
(M) navigation district;
(N) conservation and reclamation district;
(O) soil conservation district;
(P) communication district;
(Q) public health district;
(R) river authority; and
(S) any other governmental entity that:
(i) embraces a geographical area with a defined boundary;
(ii) exists for the purpose of discharging functions of government
and;
(iii) possesses authority for subordinate self government through
officers selected by it.
(43) P-Trap--A fitting connected to the sanitary drainage system
for the purpose of preventing the escape of sewer gasses from the sanitary
drainage system and designed to be removed to allow for cleaning of the sanitary
drainage system. For the purposes of drain cleaning activities described in
Section 2(12) of the Act, a p-trap includes any integral trap of a water closet,
bidet, or urinal.
(44) 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.
(45) 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.
(46) "Residential Utilities Installer" means an individual
who has completed at least 2,000 hours working under the supervision of a
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.
(47) Respondent--A person charged in a complaint filed with
the Board.
(48) Responsible Master Plumber--A Responsible Master Plumber
is the Master Plumber who 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.
(49) 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.
(50) 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.
(51) 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... |
