Part 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS
Subchapter A. GENERAL PROVISIONS
The Texas State Board of Plumbing Examiners (Board) proposes amendments to Board rule §361.1, which define words and terms used in Title 8, Chapter 1301, Occupations Code, (The Plumbing License Law) and Board Rules. Current §361.1(33) defines the term "paid directly", as the term is used in current §1301.255(e). Section 1301.255(e), currently allows a political subdivision to contract with any plumbing inspector, provided the plumbing inspector is paid directly by the political subdivision.
The amendments to §361.1 are proposed in response to the passage of House Bill 1850, 80th Regular Legislative Session. House Bill (H.B.) 1850 amended §1301.255(e) to allow a political subdivision to contract with any plumbing inspector or qualified plumbing inspection business that is paid directly by the political subdivision, effective September 1, 2007. The proposed amendment to §361.1(33) will reflect the changes made by H.B. 1850.
The amendments to §361.1(33) will also remove a reference to Board Rule §365.1(4)(B), which was previously deleted.
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the rules are in effect there will be no fiscal impact on state government. Local governments and small or large plumbing inspection businesses required to comply with these rule amendments may realize a positive fiscal impact. There will be no effect to individuals required to comply with the section as proposed.
Mr. Maxwell also has determined that each year of the first five years the rules are effect the public benefit anticipated as a result of enforcing these rules will be that the Board Rules will be in harmony with recent changes made to the Plumbing License Law.
Comments on the proposed rule changes may be submitted within 30 days of publication of these proposed rule amendments in the Texas Register, to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.
The amendments to §361.1 are proposed under and affect Title 8, Chapter 1301, Occupations Code, as amended by the 80th Legislature ("Plumbing License Law" or "Law"), §§1301.251, 1301.002(8), 1301.255(e), 1301.351(b) and 1301.551(d), the rule it amends and H.B. 1850 (80th Regular Legislative Session). Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Section 1301.002(8) defines "Plumbing Inspector" as a person who is employed by or contracted with a political subdivision for the purpose of performing plumbing inspections.
Section 1301.255(e) as amended by H.B. 1850 (80th Regular Legislative Session), allows a political subdivision to contract with any plumbing inspector or qualified plumbing inspection business that is paid directly by the political subdivision. Section 1301.351(b) prohibits a person from serving as a plumbing inspector without being licensed as a plumbing inspector. Section 1301.551(d) requires plumbing inspections performed in a municipality which has adopted a plumbing code be performed by a plumbing inspector.
No other statute, article or code is affected by this proposed amendment.
§361.1.Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
(1) - (32) (No change.)
(33) Paid Directly--As related to §1301.255(e)
of the Plumbing License Law [
and §365.1(4)(B) of these Rules
],
"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
.
(34) - (57) (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 13, 2007.
TRD-200702980
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: August 26, 2007
For further information, please call: (512) 936-5224
The Texas State Board of Plumbing Examiners (Board) proposes new rule §361.7, which defines eligibility and payment for training and education of Board employees and administrators in accordance with the Employees Training Act, Government Code §§656.041 - 656.049.
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the rules are in effect there will be a fiscal impact on the funds appropriated to the Board of approximately $3,000 per fiscal year, depending upon the need for training and funds available for training. There will be no fiscal impact on state and local government as well as small businesses and persons required to comply with this new rule.
Mr. Maxwell also has determined that each year of the first five years the rules are effect the public benefit anticipated as a result of enforcing the new rule will be that Board employees and administrators will receive job related training based upon available funds and need.
Comments on the proposed new rule may be submitted within 30 days of publication of this new rule in the Texas Register , to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.
The new rule §361.7 is proposed under and affects Government Code, Chapter 656, Subchapter C; Title 8, Chapter 1301, Occupations Code, ("Plumbing License Law" or "Law"), §1301.251, and the rule it amends. Government Code, Chapter 656, Subchapter C requires a state agency to adopt rules regarding employee and administrator training and education in order to expend funds for such purposes. §1301.251 of the Plumbing License Law requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law.
No other statute, article or code is affected by this new rule.
§361.7.Employee Training and Education.
(a) With the approval of the Executive Director, the Board may make available to its administrators and employees funds for training and education in accordance with the Employee Training Act, Government Code Chapter 656, Subchapter C, §§656.041 - 656.049.
(b) In order to be eligible for agency supported training and education, the administrator or employee must demonstrate in writing, to the satisfaction of the Executive Director, that the training or education is related to the duties or prospective duties of the administrator or employee.
(c) Eligible training and education expenses that are approved by the Executive Director may include, as appropriate, salary, tuition, and other fees, travel and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student, or other participant in a training or education program.
(d) The Executive Director may determine to pay all or part of the expenses related to training on a reimbursement basis to the employee or administrator, upon successful completion of the training.
(e) An employee who completes training and education to obtain a degree or certification for which the Board has provided all or part of the required fees must agree in writing to fully repay the Board any amounts paid for educational assistance if the employee voluntarily terminates employment with the agency within one year of course completion.
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 13, 2007.
TRD-200702984
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: August 26, 2007
For further information, please call: (512) 936-5224
The Texas State Board of Plumbing Examiners (Board) proposes amendments to Board rule §365.5, which provides the requirements for renewal of a license, endorsement or registration, including a Plumbing Inspector license.
The amendments to §365.5 are proposed to eliminate the requirement that a Plumbing Inspector submit written proof of employment or contract with a political subdivision along with the required renewal fee. This requirement is unnecessary, since Board Rule §367.2 requires plumbing inspector's to have initially submitted such proof prior to performing plumbing inspections and §365.8 requires plumbing inspectors to notify the Board of any change in employment or contract status.
Additional amendments to §365.5 are proposed in compliance with Occupations Code, Chapter 55, §§55.001 - 55.003, which allow certain military personnel to renew an expired license without penalty if the person was ordered to active duty.
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the rules are in effect there will be a positive fiscal impact on state and local government and plumbing inspectors required to comply with these rule amendments.
Mr. Maxwell also has determined that each year of the first five years the rules are effect the public benefit anticipated as a result of enforcing these rules will be the elimination of an unnecessary requirement in order for a plumbing inspector to renew his or her license. Additionally, persons serving on active military duty which prevent those persons from renewing a license in a timely manner will be provided additional time to renew the license without penalty.
Comments on the proposed rule changes may be submitted within 30 days of publication of these proposed rule amendments in the Texas Register, to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.
The amendments to §365.5 are proposed under and affect Title 8, Chapter 1301, Occupations Code, ("Plumbing License Law" or "Law"), §§1301.251, 1301.002(8), 1301.403 and the rule it amends. Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Section 1301.002(8) defines "plumbing inspector" as a person who contracts with or is employed by a political subdivision. Section 1301.403 provides for license renewal requirements. The amendments to §365.5 are also proposed under and affect Title 2, Chapter 55, Occupations Code, which allow certain military personnel to renew an expired license without penalty if the person was ordered to active duty.
No other statute, article or code is affected by this proposed amendment.
§365.5.Renewals.
(a) - (c) (No change.)
[
(d)
In the case of the
renewal of a Plumbing Inspector License, the licensee must submit
written proof of employment or contract with a political subdivision
along with the required renewal fee.]
(d)
[
(e)
] Any Journeyman Plumber,
Master Plumber, Tradesman Plumber-Limited Licensee or Plumbing Inspector
wishing to renew a license must have proof submitted to the Board
of successful completion of the required continuing professional education
(CPE) course or courses, subject to the additional requirement in
subsection
(e)
[
(f)
] of this section.
(e)
[
(f)
] Any license holder
with a medical gas endorsement must complete a Board approved medical
gas continuing professional education class within the three-year
period of the endorsement. The classroom hours shall consist of instruction
of the most current edition of the National Fire Protection Association
(NFPA) 99C, Standard on Gas and Vacuum Systems, and the changes therein.
No license holder with a medical gas endorsement may count the same
medical gas continuing professional education class twice towards
meeting the continuing professional education requirements for renewal
of the medical gas endorsement on a plumbing license.
(f)
[
(g)
] Any license or endorsement
holder who lives in a county having no city with a population in excess
of 100,000, or resides out of state, or who submits written proof
to the Board from a physician stating the medical reason that the
licensee is unable to attend a CPE class, may fulfill the continuing
professional education requirements by completing a correspondence
course approved by the Board.
(g) A person who holds a license and is:
(1) a member of the United States armed forces, a reserve component of the United States armed forces or the state military forces;
(2) is ordered to active duty by proper authority; and
(3) submits documentation acceptable to the Board which demonstrates the person was unable to renew the license in a timely manner due to the active duty service is:
(A) exempt from paying a late renewal fee; and
(B) entitled to an additional amount of time, equal to the total number of years or parts of years that the person serves on active duty, to complete any continuing education requirements and any other requirements related to the renewal of the person's license.
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 13, 2007.
TRD-200702981
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: August 26, 2007
For further information, please call: (512) 936-5224
The Texas State Board of Plumbing Examiners (Board) proposes amendments to Board rule §367.2, which provide for the standards of conduct to which each licensee and registrant must abide. Current §367.2(f)(2) requires all compensation paid for a plumbing inspection to be paid directly to the individual Licensed Plumbing Inspector by the political subdivision for which the plumbing inspection is performed. Current §367.2(f)(2) was adopted, in part, under the authority of Title 8, Chapter 1301, Occupations Code, (The Plumbing License Law), §1301.255(e), which currently allows a political subdivision to contract with any plumbing inspector who is paid directly by the political subdivision.
The amendments to §367.2 are proposed in response to the passage of House Bill 1850, 80th Regular Legislative Session. House Bill (H.B.) 1850 amended §1301.255(e) to allow a political subdivision to contract with any plumbing inspector or qualified plumbing inspection business that is paid directly by the political subdivision, effective September 1, 2007. The proposed amendment to §367.2(f)(2) will reflect the changes made by H.B. 1850.
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the rules are in effect there will be no fiscal impact on state government. Local governments and small or large plumbing inspection businesses required to comply with these rule amendments may realize a positive fiscal impact. There will be no effect to individuals required to comply with the section as proposed.
Mr. Maxwell also has determined that each year of the first five years the rules are effect the public benefit anticipated as a result of enforcing these rules will be that the Board Rules will be in harmony with recent changes made to the Plumbing License Law.
Comments on the proposed rule changes may be submitted within 30 days of publication of these proposed rule amendments in the Texas Register, to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.
The amendments to §367.2 are proposed under and affect Title 8, Chapter 1301, Occupations Code, as amended by the 80th Legislature ("Plumbing License Law" or "Law"), §§1301.251, 1301.002(8), 1301.255(e), 1301.351(b) and 1301.551(d), the rule it amends and H.B. 1850 (80th Regular Legislative Session). Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Section 1301.002(8) defines "Plumbing Inspector" as a person who is employed by or contracted with a political subdivision for the purpose of performing plumbing inspections. Section 1301.255(e) as amended by H.B. 1850 (80th Regular Legislative Session), allows a political subdivision to contract with any plumbing inspector or qualified plumbing inspection business that is paid directly by the political subdivision. Section 1301.351(b) prohibits a person from serving as a plumbing inspector without being licensed as a plumbing inspector. Section 1301.551(d) requires plumbing inspections performed in a municipality which has adopted a plumbing code be performed by a plumbing inspector.
No other statute, article or code is affected by this proposed amendment.
§367.2.Standards of Conduct.
(a) - (e) (No change.)
(f) In addition to complying with the requirements of subsections (a) - (e) of this section, each Licensed Plumbing Inspector shall also comply with the following:
(1) (No change.)
(2) All compensation paid for a plumbing inspection shall be paid directly to the individual Licensed Plumbing Inspector or qualified plumbing inspection business by the political subdivision for which the plumbing inspection is performed.
(A) The political subdivision may determine the qualifications for the plumbing inspection business.
(B) The plumbing inspection business must utilize only licensed Plumbing Inspectors to perform plumbing inspections, as required by §§1301.002(8), 1301.255(e), 1301.351(b) and 1301.551(d) of the Act and these Rules.
(C) Qualifications for plumbing inspectors shall be determined by the Board, as provided in the Act and these Rules.
(3) (No change.)
(4) 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
under contract
[
an independent
contractor for
].
(5) 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
under contract
[
has contracted with
].
(6) - (7) (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 13, 2007.
TRD-200702982
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: August 26, 2007
For further information, please call: (512) 936-5224
The Texas State Board of Plumbing Examiners (Board) proposes amendments to Board rule §367.3, which sets forth the requirements for plumbing companies or persons who offer to perform plumbing work to the general public. The requirements include securing the services of a Responsible Master Plumber and the order and level of supervision required for licensed plumbers and registrants who perform plumbing under the license of a Responsible Master Plumber. The current §367.3 also requires a licensed plumber working under the general supervision of a Responsible Master Plumber to be a bona fide employee of, or the owner of the firm, company, or corporation using the license of the Responsible Master Plumber.
The proposed amendments to §367.3 will allow a licensed plumber who works under the general supervision of a Responsible Master Plumber to have a contractual relationship with the Responsible Master Plumber or the firm, company or corporation using the license. The proposed amendments will allow the contractual relationship to be in lieu of the requirement for the licensed plumber to be a bona fide employee of, or the owner of the firm, company, or corporation using the license of the Responsible Master Plumber. The amendments will correct an unintended consequence of the current language which does not allow for such contractual relationships.
All other amendments to §367.3 are proposed to clarify already existing requirements.
The proposed amendments will not change any current requirements of the Plumbing License Law or Board Rules which prohibit a Journeyman Plumber, Tradesman Plumber-Limited Licensee, Drain Cleaner, Drain Cleaner Restricted Registrant or Plumber's Apprentice from contracting with the general public to perform plumbing work.
The proposed amendments will not change any current requirements of the Plumbing License Law or Board Rules which require general or direct supervision of licensees and registrants, as specified in Board Rules §361.1 and §367.3.
The proposed amendments will not change any current requirements of the Plumbing License Law or Board Rules which provide for the responsibilities of Responsible Master Plumbers, as specified in Board Rules §361.1 and §367.3
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the rules are in effect, there will be no negative fiscal impact on state and local government as well as small businesses and persons required to comply with these rules amendments.
Mr. Maxwell also has determined that for the first five year period the rules are effect, there will be no negative impact to public healthy and safety.
Comments on the proposed rule changes may be submitted within 30 days of publication of these proposed rule amendments in the Texas Register , to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.
The amendments to §367.3 are proposed under and affect Title 8, Chapter 1301, Occupations Code, §1301.251, §1301.002, §1301.351 and the rule it amends. §1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. §1301.002 defines each type of license and registration issued by the Board, the general scope of work permitted by each type and the level of supervision required for each type of license or registration. §1301.351 prohibits a person from engaging in the business of plumbing without holding a license issued by the Board or being under the supervision of a licensed person.
No other statute, article or code is affected by this proposed amendment.
§367.3.Requirements for Plumbing Companies, Responsible Master Plumbers; Certificate of Insurance.
(a) A company or person
advertising or otherwise
offering
to
perform
[
do
] plumbing
or provide plumbing
[
work
] must secure the services of at least one Responsible Master
Plumber holding a current Master Plumber License.
(1) Only a company or person which has secured the services of a Responsible Master Plumber as required by this Section, may:
(A) advertise or otherwise offer or agree to perform plumbing or provide plumbing to the public; or
(B) contract or agree to perform plumbing or provide plumbing with the public.
(C) For the purposes of this Section, "public" means any person other than Responsible Master Plumbers or companies which have secured the services of Responsible Master Plumbers.
(2)
[
(1)
] A Responsible Master
Plumber shall not allow any person, firm, company, or corporation
to use his or her Master Plumber License for any purpose unless the
Master Plumber is a bona fide employee of the person, firm, company,
or corporation or is the owner of the firm, company, or corporation
that will use the master plumber's license.
(3)
[
(2)
] A Master Plumber may
act as the Responsible Master Plumber for only one such person, company,
firm, or corporation.
(4)
[
(3)
] The Responsible Master
Plumber shall be knowledgeable of and responsible for all permits,
contracts, and agreements to perform plumbing work secured and plumbing
[
work
] performed under his or her Master Plumber License.
(5)
[
(4)
] All
plumbing
[
work
] performed under the license of the Responsible Master
Plumber, other than that performed in accordance with §365.1
of these Rules by a Drain Cleaner-Restricted Registrant, Drain Cleaner
or Residential Utilities Installer, shall be under the on-the-job
direct supervision of a licensed plumber
who
[
that
]
is
under written contract with,
a bona fide employee of,
or the owner of the firm, company, or corporation using the
Responsible
Master Plumber's License.
(A) A licensed plumber, whether as an employee or under contract as provided by (a)(5) of this Section, may only perform plumbing under contracts or agreements to perform plumbing secured by the Responsible Master Plumber.
(B) All vehicles used in conjunction with plumbing by an employee or a licensed plumber under contract, must be marked with the Responsible Master Plumber's license number and company name, in the same manner as required in §367.4 of these Rules.
(C) The Responsible Master Plumber is subject to all requirements and responsibilities set forth by the Plumbing License Law and Board Rules, whether or not the plumbing was performed by an employee or a licensed plumber under contract.
(6)
[
(5)
] Prior to acting as
a Responsible Master Plumber as defined in these Rules, a Master Plumber
shall furnish the Board with a certificate of insurance using a Certificate
of Insurance form provided by the Board. The certificate of insurance
must:
(A) be written by a company licensed to do business in this state;
(B) provide for commercial general liability insurance for the Master Plumber for claims for property damage or bodily injury, regardless of whether the claim arises from a negligence claim or on a contract claim;
(C) be in a coverage amount of not less than $300,000 for all claims arising in any one-year period;
(D) state the name and license number of the Master Plumber for whom the coverage is provided;
(E) state the name of the plumbing company for which the Master Plumber is acting as the Responsible Master Plumber.
(7)
[
(6)
] Insurance coverage
specified in paragraph
(6)
[
(5)
] of this section,
shall be maintained at all times during which a Master Plumber acts
as a Responsible Master Plumber.
(8)
[
(7)
] The Certificate of
Insurance form expires on the date that the insurance coverage, specified
in paragraph
(6)
[
(5)
] of this section, expires.
(9)
[
(8)
] The Responsible Master
Plumber shall furnish the Board with a completed Certificate of Insurance
form not later than 10 days after the expiration of the previously
furnished Certificate of Insurance form.
(10)
[
(9)
] Each written contract
for plumbing services by the licensed Responsible Master Plumber shall
contain the Responsible Master Plumber's License number, the Board's
name, mailing address and telephone number. The term "written contract"
includes documents used by a plumber or plumbing company to define
the scope and cost of the work to be provided to the public. This
would include items such as service invoices, billing invoices or
any document which defines the services and cost of the services provided
to the consumer. For the purposes of this section, the public need
not sign the document for it to be considered a contract.
(b) A company or person offering to install pipe used solely to transport gases for medical purposes must first secure the services of at least one Responsible Master Plumber that holds a current Master Plumber License that contains a current Medical Gas Installation Endorsement issued by the Board to be responsible for the installation of all pipe used solely to transport gases for medical purposes installed by that company and permits required to install the piping.
(1) The Responsible Master Plumber with the Medical Gas Installation Endorsement shall be responsible for generally supervising any individuals involved in the installation of pipe used solely to transport gases for medical purposes installed by that company and ensuring that all medical gas pipe assembly, brazing, and installation of required pipe markings is performed only by a Licensed Plumber holding a current Medical Gas Installation Endorsement issued by the Board.
(2) The relationship between the Master Plumber and the company or person using the Responsible Master Plumber's License with the Medical Gas Installation Endorsement must be as defined in subsection (a) of this section.
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 13, 2007.
TRD-200702983
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: August 26, 2007
For further information, please call: (512) 936-5224