Texas Register

RULE §365.1License and Registration Categories; Description; Scope of Work Permitted
ISSUE 08/06/2004
ACTION Proposed
Preamble Texas Admin Code Rule

The Board shall establish four separate license categories, two endorsement categories and four registration categories, as described in paragraphs (1) - (10) of this section.

  (1) - (3)(No change.)

  (4)Plumbing Inspector--a license that entitles the individual to do plumbing inspections as an employee or independent contractor of a political subdivision for compliance with health and safety laws and ordinances.

     [(A)A Plumbing Inspector shall not have any financial or advisory interest in any plumbing company.]

     [(B)All compensation paid for a plumbing inspection shall be paid directly to the individual Licensed Plumbing Inspector by the political subdivision for which the plumbing inspection is performed.]

     [(C)A Plumbing Inspector shall not accept any compensation or anything of value from any contractor or owner whose work is being inspected by the Plumbing Inspector.]

     [(D)Prior to the performance of any Plumbing Inspection, the Plumbing Inspector must have submitted to the Board written proof of employment or contract for the purposes of performing plumbing inspections by each political subdivision that the Plumbing Inspector is employed by, or an independent contractor for.]

     [(E)A Plumbing Inspector may be employed by or contract with any political subdivision throughout the state and a Plumbing Inspector's authority to enforce the Act , Board Rules and local ordinances lies only within the jurisdiction of the political subdivision/s that the Plumbing Inspector is employed by or has contracted with.]

     [(F)A Plumbing Inspector shall not, in any manner, represent or indicate that the Plumbing Inspector is employed by or a representative of the Board or the State of Texas unless, in fact, the Plumbing Inspector is employed by the Board or the State of Texas.]

  (5)Water Supply Protection Specialist--an endorsement to a Journeyman or Master Plumber License certifying the individual to perform Customer Service Inspections as defined in the Texas Commission on Environmental Quality [Texas Natural Resource Conservation Commission's] Rules and Regulations for Public Water Systems. A Water Supply Protection Specialist Endorsement shall not be used in lieu of a Plumbing Inspector License as required under §1301.351 of the Plumbing License Law [ Section 14(a) of the Act] to perform plumbing inspections required under §1301.255 and §1301.551 of the Plumbing License Law [ Section 5B and Section 15(a) of the Act].

  (6) - (10)(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 23, 2004


Robert L. Maxwell

Executive Director

Texas State Board of Plumbing Examiners

Proposed date of adoption: October 11, 2004

For further information, please call: (512) 458-2145

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