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

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...

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