Texas Register

TITLE 22 EXAMINING BOARDS
PART 17TEXAS STATE BOARD OF PLUMBING EXAMINERS
CHAPTER 365LICENSING AND REGISTRATION
RULE §365.1License, Endorsement and Registration Categories; [Description;] Scope of Work Permitted
ISSUE 04/28/2017
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Pursuant to §1301.002 and [ In accordance with] §1301.351[,] of the Plumbing License Law and §361.1 of the Board Rules, the scope of plumbing work an individual may perform is dictated by the type of [ a person may not perform plumbing without holding the proper] license, endorsement, [endorsement or] registration or combination thereof held by the individual. [which relates to the type of plumbing to be performed. The scope of work permitted to an individual who holds a license, endorsement or registration issued by the Board is described in paragraphs (1) - (12) of this section.]

(b)[(1)] An individual [ Responsible Master Plumber (or "RMP")--A person] who holds a current [is licensed as a] Master Plumber License and meets the requirements of a Responsible Master Plumber (RMP) under §1301.3576 of the Plumbing License Law and §367.3(a) of the Board Rules: [Rules is authorized to:]

  (1)[(A)] May advertise or otherwise offer to perform or provide plumbing to the general public;

  (2)[(B)] May enter into contracts or agreements to perform plumbing;

  (3)[(C)] Shall obtain plumbing permits to perform plumbing work; [and]

  (4)[(D)] May perform plumbing work without supervision; and [and supervise plumbing. ]

   (5)Shall supervise plumbing work performed by other licensees or registrants.

(c)[(2)] An individual who holds a current Journeyman or Master Plumber License may [license--Authorizes the individual to] perform or [and] supervise plumbing work:

  (1)[(A)] [only] under the [general] supervision of a RMP; [Responsible Master Plumber;] and

  (2)[(B)] only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules. [Responsible Master Plumber.]

   [(3)a Journeyman Plumber license--Authorizes the individual to perform and supervise plumbing:]

    [(A)only under the general supervision of a Responsible Master Plumber; and]

    [(B)only under contracts or agreements to perform plumbing work secured by a Responsible Master Plumber.]

(d)[(4)] An individual who holds a current Tradesman Plumber-Limited License may: [ license--Authorizes the individual to]

  (1)perform or [and] supervise plumbing work on [for only] one or two-family [two family] dwellings:

    (A)[only] under the supervision of a RMP; [Responsible Master Plumber;] and

    (B)only under contracts or agreements to perform plumbing secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules; or [ Responsible Master Plumber.]

  (2)[(C)] [A Tradesman Plumber-Limited license holder may] assist in the installation of plumbing other than for one or two-family [two family] dwellings [only] under the [direct,] on-the-job supervision of a [licensed] Journeyman or Master Plumber.

(e)[(5)] An individual who holds a current Plumbing Inspector License may [ license--Authorizes the individual to] perform plumbing inspections as an employee or independent contractor of a political subdivision or state agency for compliance with health and safety laws and ordinances.

   (1)An individual who holds a current Plumbing Inspector License with a current Medical Gas Piping Installation Endorsement may perform inspections of piping that is used solely to transport gases used for medical purposes.

   (2)An individual who holds a current Plumbing Inspector License with a current Water Supply Protection Specialist Endorsement may perform inspections of plumbing work associated with the treatment, use and distribution of rainwater to supply a plumbing fixture, appliance, or irrigation system.

   (3)An individual who holds a current Plumbing Inspector License with a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement may perform inspections of multipurpose residential fire protection sprinkler systems installed in a one or two-family dwelling.

(f)[(6)] An individual who holds a current Journeyman or Master Plumber License with a current Medical Gas Piping Installation Endorsement may [--An endorsement to a Journeyman or Master Plumber license that authorizes the individual to] install piping that is used solely to transport gases used for medical purposes:

  (1)[(A)] [only] under the [general] supervision of a RMP [Responsible Master Plumber] who holds a current Medical Gas Piping Installation Endorsement; [Endorsement on his or her Master Plumber license;] and

  (2)[(B)] only under contracts or agreements to perform medical gas piping installations secured by a RMP who holds a current Medical Gas Piping Installation Endorsement or a person who has secured the services of a RMP, in accordance with §367.3(a)(2) of the Board Rules, [Responsible Master Plumber] who holds a current Medical Gas Piping Installation Endorsement. [Endorsement on his or her Master Plumber license.]

(g)[(7)] An individual who holds a current Journeyman or Master Plumber License with a current Water Supply Protection Specialist Endorsement may: [--An endorsement to a Journeyman or Master Plumber license that authorizes the individual to]

  (1)perform Customer Service Inspections pursuant to 30 Tex. Admin. Code §290.46(j). Minimum Acceptable Operating Practices for Public Drinking Water Systems; or [as defined in the Texas Commission on Environmental Quality 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 to perform plumbing inspections required under §1301.255 and §1301.551 of the Plumbing License Law. The Water Supply Protection Specialist endorsement on a Journeyman or Master Plumber license authorizes the individual to perform,]

  (2)install, service or [service, and] repair plumbing associated with the treatment, use and distribution of rainwater to supply a plumbing fixture, appliance, or irrigation system:

    (A)[only] under the [general] supervision of a RMP [Responsible Master Plumber] who holds a current Water Supply Protection Specialist Endorsement; [endorsement on his or her Master Plumber license;] and

    (B)only under contracts or agreements to perform, install, service, and repair plumbing associated with the use and distribution of rainwater to supply a plumbing fixture, appliance, or irrigation system secured by a RMP who holds a current Water Supply Protection Specialist Endorsement or a person who has secured the services of a RMP, in accordance with §367.3(a)(2) of the Board Rules, [Responsible Master Plumber] who holds a current Water Supply Protection Specialist Endorsement. [endorsement on his or her Master Plumber license.]

   (3)A Water Supply Protection Specialist Endorsement shall not be used in lieu of a Plumbing Inspector License to perform plumbing inspections required under §1301.255 and §1301.551 of the Plumbing License Law; however, a Plumbing Inspector may perform the inspection described in paragraph (1) of this subsection even if the individual does not hold a Water Supply Protection Specialist Endorsement.

(h)[(8)] An individual who holds a current Journeyman or Master Plumber License with a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement may [-An endorsement to a Journeyman or Master Plumber license that authorizes the individual to] install a multipurpose residential fire protection sprinkler system in a [for only] one or two-family dwelling: [two family dwellings:]

  (1)[(A)] [only] under the [general] supervision of a RMP [Responsible Master Plumber] who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement; [ endorsement on his or her Master Plumber license;] and

  (2)[(B)] only under contracts or agreements to perform multipurpose residential fire protection sprinkler system installations secured by a RMP who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement or a person who has secured the services of a RMP, in accordance with §367.3(a)(2) of the Board Rules, [Responsible Master Plumber] who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement. [endorsement on his or her Master Plumber license.]

(i)An individual who holds a current Plumber's Apprentice Registration may assist a licensee with the installation of plumbing:

  (1)under the direct supervision of a person licensed by the Board;

  (2)under the supervision of a RMP; and

  (3)only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP.

(j)[(9)] In addition to the scope of work described in subsection (i) of this section, an individual who holds a current Plumber's Apprentice Registration and a current Residential Utilities Installer Registration may [Registration--Authorizes the holder of a Plumber's Apprentice registration to] construct and install only yard water service piping and building sewers for the new construction of [only] one or two-family [two family] dwellings:

  (1)[(A) ] [only] under the [general] supervision of a RMP; [Responsible Master Plumber;] and

  (2)[(B)] only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules. [Responsible Master Plumber.]

(k)[(10)] In addition to the scope of work described in subsection (d) or (i) of this section, an individual who holds a current Tradesman Plumber-Limited License or Plumber's Apprentice Registration and a current Drain Cleaner Registration may [Registration--Authorizes the holder of a Plumber's Apprentice registration or a Tradesman Plumber-Limited license to] install cleanouts and remove and reset p-traps for the purposes of eliminating obstructions in building drains and sewers:

  (1)[(A)] [only] under the [general] supervision of a RMP; [Responsible Master Plumber;] and

  (2)[(B)] only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules. [Responsible Master Plumber.]

(l)[(11)] In addition to the work described in subsection (i) of this section, an individual who holds a current Plumber's Apprentice Registration and a current Drain Cleaner-Restricted Registration may [Registration--Authorizes the holder of a Plumber's Apprentice registration to] clear obstructions in sewer and drain lines [only] through any existing code-approved opening:

  (1)[(A)] [only] under the [general] supervision of a RMP; [Responsible Master Plumber;] and

  (2)[(B)] only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules. [Responsible Master Plumber.]

   [(12)Plumber's Apprentice Registration--Authorizes the individual to assist a person licensed by the Board in the installation of plumbing: ]

    [(A)only under the direct, on-the-job supervision of a person licensed by the Board;]

    [(B)only under the general supervision of a Responsible Master Plumber; and]

    [(C)only under contracts or agreements to perform plumbing work secured by a Responsible Master Plumber.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 13, 2017

TRD-201701570

Lisa G. Hill

Executive Director

Texas State Board of Plumbing Examiners

Earliest possible date of adoption: May 28, 2017

For further information, please call: (512) 936-5239



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