The following words and terms, when used in this part, have
the following meanings, unless the context clearly indicates otherwise:
(1)Act--The Plumbing License Law, Title 8, Chapter
1301, Occupations Code, as amended.
(2)Administrative Act--The Administrative Procedure
Act, the Texas Government Code, §2001.001, et seq, as amended.
(3)Administrator--The Board-appointed executive director
of all Board staff.
(4)Adopted Plumbing Code--A plumbing code, including
a fuel gas code adopted by the Board or a political subdivision, including
any city, town, village, municipality, public water system, municipal
utility district, in compliance with §1301.255 and §1301.551
of the Plumbing License Law.
(5)Advisory Committee--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.
(6)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.
(7)Applicant--An individual seeking to obtain a License,
Registration or Endorsement.
(8)Board--The Texas State Board of Plumbing Examiners.
(9)Board Member--An individual appointed by the governor
and confirmed by the senate to serve on the Board.
(10)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.
(11)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.
(12)Chief Examiner--An employee of the Board who,
under the direction of the Administrator, coordinates and supervises
the activities of the Board examinations and registrations.
(13)Chief Field Representative--The Director of Enforcement
who is 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.
(14)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.
(15)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.
(16)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.
(17)Complaint--A written 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.
(18)Contested Case--A proceeding, including but not
limited to rulemaking, licensing and registering, in which the agency
determines the legal right, duties, and privileges of a party after
allowing an opportunity for adjudicative hearing of the case.
(19)Continuing Professional Education--Board-approved
courses/programs required for a licensee or registrant with an endorsement
to renew his or her License, Registration and/or Endorsement.
(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)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)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)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)Endorsement--A certification issued by the Board
in addition to the Master, Plumbing Inspector, or Journeyman Plumber
License.
(25)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)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)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)Licensing and Registering--The process of granting,
denying, renewing, revoking, or suspending a License, Registration
or Endorsement.
(29)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)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)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)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)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)Military spouse--A person who is married to a
military service member who is currently on active duty.
(35)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)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)Party--Each person named or admitted in association
with an action as a party.
(38)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)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)Petitioner--A person asking the Board to adopt
a rule.
(41)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)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)Plumbing Company--A person, as defined in the
Board Rules, who engages in the plumbing business.
(44)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)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)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)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
Cont'd...
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