(a)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.]
(1)[(2)] APA [Administrative
Act]--The Administrative Procedure Act, Chapter 2001 of
the Texas Government Code. [Code, §2001.001,
et seq, as amended.]
[(3)Administrator--The Board-appointed
executive director of all Board staff.]
(2)[(4)] Adopted Plumbing Code--A
plumbing code, including a fuel gas code, adopted by the Board or
a political subdivision [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.
(3)[(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.
(4)[(6)] Appliance Connection--An
appliance connection procedure using only a code-approved [
code approved] appliance connector that does not require cutting
into or altering the existing plumbing system.
(5)[(7)] Applicant--An individual
seeking to obtain a license, registration or endorsement issued
by the Board. [License, Registration or Endorsement.]
(6)[(8)] Board--The Texas State
Board of Plumbing Examiners.
(7)[(9)] Board Member--An individual
appointed by the governor and confirmed by the senate to serve on
the Board.
(8)[(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.
(9)[(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.
(10)[(12)] Chief Examiner--An
employee of the Board who, under the direction of the Executive
Director, [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.]
(11)[(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.
(12)[(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.
(13)[(16)] Code-Approved [
Code Approved] Existing Opening--For the purposes of drain cleaning
activities described in §1301.002(3) of the Plumbing License
Law, a code-approved [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)[(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. [License, Registration or
Endorsement.]
(15)[(18)] Contested Case--A proceeding
[proceeding, including but not limited to rulemaking,
licensing and registering,] in which [the agency determines]
the legal rights, [right,] duties, or [
and] privileges of a party are to be determined by the
Board after [allowing] an opportunity for adjudicative
hearing. [hearing of the case.]
(16)[(19)] Continuing Professional
Education or CPE--Board-approved courses/programs required
for a licensee, or registrant with an endorsement, to renew his or
her license, registration and/or endorsement. [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.]
(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)[(21)] Direct Supervision--
(A)The on-the-job oversight and direction of a registered
[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.]
(19)[(24)] Endorsement--A certification
issued by the Board as an [in] addition to a
Master Plumber, [the Master,] 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)[(25)] Field Representative--
An [For the purposes of the Board Rules:
[(A)]"Field Representative"
means a] employee of the Board who is:
(A)[(i)] knowledgeable of the
Plumbing License Law [this Act] and of municipal
ordinances relating to plumbing;
(B)[(ii)] qualified by experience
and training in good plumbing practice and compliance with the Plumbing
License Law; [this Act;]
(C)[(iii)] designated by the
Board to assist in the enforcement of the Plumbing License Law [
this Act] and Board rules; [rules adopted under
this Act; and]
(D)[(iv)] licensed by the Board
as a plumber; and [plumber.]
(E)hired to:
[(B)A field representative may:]
(i)make on-site license and registration checks to
determine compliance with the Plumbing License Law; [this
Act;]
(ii)investigate consumer complaints filed under §1301.303
of the Plumbing License Law;
(iii)assist municipal plumbing inspectors in cooperative
enforcement of the Plumbing License Law; [this Act;]
and
(iv)issue citations as provided by §1301.502
of the Plumbing License Law.
(22)[(26)] Journeyman Plumber--An
individual licensed under the Plumbing License Law [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.
(23)[(27)] License--A document
issued by the Board to certify that the named individual fulfilled
the requirements of the Plumbing License Law [Act]
and of the Board Rules to hold a license issued by the Board.
(24)[(28)] Licensing and Registering--The
process of granting, denying, renewing, reinstating, revoking,
or suspending a license, registration or endorsement. [License,
Registration or Endorsement.]
(25)[(29)] Maintenance Man or
Maintenance Engineer--An individual who:
(A) is an employee, and
not [as opposed to] an independent contractor
or subcontractor; [contractor,]
(B)[who] 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. [duties.]
(D)For the purposes of paragraph 25(B), "incidental
["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.]
(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. [Such maintenance individuals
shall not engage in plumbing work for the general public.]
(26)[(30)] Master Plumber--An
individual licensed under the Plumbing License Law [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.
(27)[(31)] Medical Gas Piping
Installation Endorsement--
(A)A certification [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 certification [document]
entitling the holder of a Plumbing Inspector License to inspect medical
gas and vacuum system installations.
(28)[(32)] Multipurpose Residential
Fire Protection Sprinkler Specialist Endorsement--
(A)A certification [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 certification [document]
entitling the holder of a Plumbing Inspector License to inspect a
multipurpose residential fire protection sprinkler system.
(29)[(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.
(30)[(34)] Military spouse--A
person who is married to a military service member who is currently
on active duty.
(31)[(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.
(32)[(36)] One-Family [
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)[(37)] Party--A [
Each] person or state agency named or admitted [in
association with an action] as a party to a contested case. [
party.]
(34)[(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.
(35)[(39)] Person--An [
For the purposes of the Board Rules only, a person means a]
individual, partnership, corporation, limited liability company, association,
governmental subdivision or public or private organization of any
character other than an agency.
(36)[(40)] Petitioner--A person
requesting [asking] the Board to adopt, amend
or repeal [adopt] a rule pursuant to §2001.021
of the Texas Government Code and §361.14 of the Board Rules. [
rule.]
Cont'd...
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