[(a)]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. [A Board appointed
committee. subject to §1301.258 of the Plumbing License Law, §361.12
of the Board Rules and Chapter 2110 of the Texas Government Code,
of which the primary function is to advise the Board.]
(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 [§1301.522 of] the Plumbing
License Law and [§367.3 of the] 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. [ 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.]
(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 or licensee 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.
(iii)This oversight may include virtual
visual, real-time communication.
(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 [relating] 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 [consumer] complaints [filed
under §1301.303 of the Plumbing License Law]; 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. [document issued by
the Board to certify that the named individual fulfilled the requirements
of the Plumbing License Law and of the Board Rules to hold a license
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--
(A)A certification 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, or medical
vacuum.
(B)A certification entitling the holder of a Plumbing
Inspector License to inspect medical gas and vacuum system installations.
(28)Multipurpose Residential Fire Protection Sprinkler
Specialist Endorsement--
(A)A certification entitling the holder of a Master
or Journeyman Plumber License to install a multipurpose residential
fire protection sprinkler system in a one or two family dwelling.
(B)A certification entitling the holder of a Plumbing
Inspector License to inspect a multipurpose residential fire protection
sprinkler system.
(29)Military service member--A person who is currently
serving in the armed forces of the United States, in a reserve component
of the armed forces of the United States, including the National Guard,
or in the state military service of any state.
(30)Military spouse--A person who is married to a
military service member who is currently on active duty.
(31)Military veteran--A person who has served in the
army, navy, air force, marine corps, or coast guard of the United
States, or in an auxiliary service of one of those branches of the
armed forces.
(32)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.
(33)Party--A person or state agency named or admitted
as a party to a contested case.
(34)Paid Directly--As related to §1301.255(e)
of the Plumbing License Law, "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
or the plumbing inspection business which utilized the plumbing inspector
to perform the inspections.
(35)Person--An individual, partnership, corporation,
limited liability company, association, governmental subdivision or
public or private organization of any character other than an agency.
(36)Petitioner--A person requesting the Board to adopt,
amend or repeal a rule pursuant to §2001.021 of the Texas Government
Code and [§361.14 of] the Board Rules.
(37)Plumbing--
(A)All piping, fixtures, appurtenances, and appliances,
including disposal systems, drain or waste pipes, multipurpose residential
fire protection sprinkler systems or any combination of these that:
supply, distribute, circulate, 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.
(B)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, medical gasses and vacuum, water, liquids, or any combination
of these, or dispose of waste water or sewage. Plumbing includes the
treatment of rainwater to supply a plumbing fixture or appliance.
The term "service" includes, but is not limited to, cleaning a drain
or sewer line using a cable or pressurized fluid.
(38)Plumbing Company--A person who engages in the
plumbing business.
(39)Plumbing Inspection--Any of the inspections required
in [§1301.255 and §1301.551 of] the Plumbing
License Law, including any check of multipurpose residential fire
protection sprinkler systems, 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--Any individual who is employed
by a political subdivision or state agency, or who contracts as an
independent contractor with a political subdivision or state agency,
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)Plumbing License Law or PLL--Chapter 1301 of the
Texas Occupations Code.
(42)Pocket Card--A card issued by the Board which:
(A)certifies that the holder has a Responsible Master
Plumber License, Master Plumber License, Journeyman Plumber License,
Tradesman Plumber-Limited License, Plumbing Inspector License, or
a Plumber's Apprentice Registration; and
(B)lists any Endorsements obtained by the holder.
(43)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.
(44)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 §1301.002(2) of the Plumbing
License Law, a p-trap includes any integral trap of a water closet,
bidet, or urinal.
Cont'd...
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