The following words and terms, when used in this part, have
the following meanings, unless the context clearly indicates otherwise:
(1) - (19)(No change.)
(20)Control Valve--A valve that operates
each time water is supplied to, or shut off from, a receptacle or
plumbing fixture. The term does not include a stop valve that may
be installed in the water supply branch to the control valve.
(21)[(20)] 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.
(22)[(21)] Drain Cleaner--An
individual who has completed at least 4,000 hours working under the
supervision of a Responsible Master Plumber as a registered Drain
Cleaner-Restricted Registrant, who has fulfilled the requirements
of and is registered with the Board, and who installs cleanouts and
removes and resets p-traps to eliminate obstructions in building drains
and sewers.
(23)[(22)] Drain Cleaner-Restricted
Registrant--An individual who has worked as a registered Plumber's
Apprentice under the supervision of a Responsible Master Plumber,
who has fulfilled the requirements of and is registered with the Board,
and who clears obstructions in sewer and drain lines through any code-approved
existing opening.
(24)[(23)] Endorsement--A certification
issued by the Board in addition to the Master, Plumbing Inspector,
or Journeyman Plumber License.
(25)[(24)] Field Representative--For
the purposes of the Board Rules:
(A)"Field Representative" means an employee of the
Board who is:
(i)knowledgeable of this Act and of municipal ordinances
relating to plumbing;
(ii)qualified by experience and training in good plumbing
practice and compliance with this Act;
(iii)designated by the Board to assist in the enforcement
of this Act and rules adopted under this Act; and
(iv)licensed by the Board as a plumber.
(B)A field representative may:
(i)make on-site license and registration checks to
determine compliance with this Act;
(ii)investigate consumer complaints filed under §1301.303
of the Plumbing License Law;
(iii)assist municipal plumbing inspectors in cooperative
enforcement of this Act; and
(iv)issue citations as provided by §1301.502
of the Plumbing License Law.
(26)[(25)] Journeyman Plumber--An
individual licensed under this Act who has met the qualifications
for registration as a Plumber's Apprentice or for licensure as a Tradesman
Plumber-Limited Licensee, 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.
(27)[(26)] License--A document
issued by the Board to certify that the named individual fulfilled
the requirements of the Act and of the Board Rules to hold a license
issued by the Board.
(28)[(27)] Licensing and Registering--The
process of granting, denying, renewing, revoking, or suspending a
License, Registration or Endorsement.
(29)[(28)] Maintenance Man or
Maintenance Engineer--An employee, as opposed to an independent contractor,
who performs plumbing maintenance work incidental to and in connection
with other duties. "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. "Incidental to and in connection
with" does not include cutting into fuel gas plumbing systems and
the installation of gas fueled water heaters. 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. Such maintenance individuals shall
not engage in plumbing work for the general public.
(30)[(29)] Master Plumber--An
individual licensed under this Act 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.
(31)[(30)] Medical Gas Piping
Endorsement--
(A)A document 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, medical vacuum.
(B)A document entitling the holder of a Plumbing Inspector
License to inspect medical gas and vacuum system installations.
(32)[(31)] Multipurpose Residential
Fire Protection Sprinkler Specialist Endorsement--
(A)A document 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 document entitling the holder of a Plumbing Inspector
License to inspect a multipurpose residential fire protection sprinkler
system.
(33)[(32)] 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.
(34)[(33)] Military spouse--A
person who is married to a military service member who is currently
on active duty.
(35)[(34)] 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.
(36)[(35)] 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.
(37)[(36)] Party--Each person
named or admitted in association with an action as a party.
(38)[(37)] 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.
(39)[(38)] Person--For the purposes
of the Board 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.
(40)[(39)] Petitioner--A person
asking the Board to adopt a rule.
(41)[(40)] 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
Responsible Master Plumber and the direct supervision of a licensed
plumber.
(42)[(41)] Plumbing--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. 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.
(43)[(42)] Plumbing Company--A
person, as defined in the Board Rules, who engages in the plumbing
business.
(44)[(43)] 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.
(45)[(44)] 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.
(46)[(45)] 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.
(47)[(46)] 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.
(48)[(47)] 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.
(49)[(48)] 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)[(49)] 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)[(50)] 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)[(51)] Respondent--A person
charged in a complaint filed with the Board.
(53)[(52)] 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)[(53)] 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.
Cont'd...
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