Part 11. TEXAS BOARD OF NURSING
Chapter 213. PRACTICE AND PROCEDURE
The Texas Board of Nursing (BON) proposes an amendment to 22 Texas Administrative Code §213.12 regarding Witness Fees and Expenses. The proposed amendment to §213.12 is to allow a witness who has been subpoenaed by the Board or a party to a proceeding of the Board's to receive adequate reimbursement for their mileage. The rule was recently amended to increase the reimbursement rate to 48.5¢ for each mile, but due to the rising cost of fuel, the reimbursement rate allowed by the IRS has been increased again to 50.5¢. The Board proposes to amend the rule to allow the reimbursement rate to be tied to the federal income tax regulations reimbursement rate, so that the rule does not have to be constantly amended.
Katherine Thomas, executive director, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal implications for state or local government as a result of implementing the proposed amendments except the agency will incur any additional expenses for witness fees.
Katherine Thomas, executive director, has determined that for each year of the first five years the proposal is in effect, the public benefit is that witnesses subpoenaed by the Board will be more adequately and fairly compensated for any expenses they may incur. There will be no additional cost to small businesses or affected individuals as a result of these proposed amendments.
Written comments on the proposal may be submitted to Joy Sparks, Assistant General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701; by email to joy.sparks@bon.state.tx.us; or by facsimile to (512) 305-8101.
The proposal is pursuant to the authority of Texas Occupations Code §301.151 and §301.152 that authorize the BON to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act.
This proposal will affect Texas Occupations Code §301.465 regarding Subpoenas; Request for Information.
§213.12.Witness Fees and Expenses.
A witness who is not a party to the proceeding and who is subpoenaed
to appear at a deposition or hearing or to produce books, papers,
or other objects, shall be entitled to receive reimbursement for expenses
incurred in complying with the subpoena as set by the legislature
in the APA, Texas Government Code Annotated §2001.103. In addition,
a subpoenaed witness is entitled to thirty dollars ($30) for each
day or part of a day that the person is necessarily present, and to
mileage reimbursement. The mileage reimbursement rate shall be equal
to the maximum fixed mileage allowance specified in the revenue rulings
issued by the Internal Revenue Service under the federal income tax
regulations as announced by the Texas Comptroller [48.5
cents for each mile
] for going to and returning from the place
of the hearing or deposition if the place is more than 25 miles from
the person's place of residence, and the person uses the person's
personally owned or leased motor vehicle for the travel.
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 April 18, 2008.
TRD-200802056
Katherine Thomas
Executive Director
Texas Board of Nursing
Earliest possible date of adoption: June 1, 2008
For further information, please call: (512) 305-6823
The Texas Board of Nursing proposes an amendment to 22 Texas Administrative Code §223.1 regarding Fees. The Board proposes to reduce the renewal fees for Registered and Vocational Nurses from $67 to $65 (RNs) and from $58 to $55 (LVNs) due to a $4.75 reduction in the fee for an FBI fingerprint-based criminal background check and the increased income from a higher number of RNs and LVNs renewing their licenses. Any excess funds collected from licensees go into the general revenue fund. The proposed amendment reflects this reduction.
Katherine Thomas, executive director, has determined that for the first five-year period the proposed amendments are adopted there will be no fiscal implications for state or local government as a result of implementing the proposed amendments.
Katherine Thomas, executive director, has determined that for each year of the first five years the proposed amendments are adopted, the public benefit will be that nurse licensees will have reduced license renewal fees. There will be no effect on small businesses.
Written comments on the proposal may be submitted by mail to Joy Sparks, Assistant General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701; by email to joy.sparks@bon.state.tx.us; or by facsimile to (512) 305-8101.
The proposed amendments of this chapter are pursuant to the authority of Texas Occupations Code §301.151 and §301.152 which authorize the Texas Board of Nursing to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act.
§223.1.Fees.
(a) The Texas Board of Nursing has established reasonable and necessary fees for the administration of its functions.
(1) - (2) (No change.)
(3) Licensure renewal (each biennium):
(A) Registered Nurse (RN): $65; [$67;] and
(B) Licensed Vocational Nurse (LVN): $55; [$58;]
(4) - (23) (No change.)
(b) (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 April 18, 2008.
TRD-200802055
Katherine Thomas
Executive Director
Texas Board of Nursing
Earliest possible date of adoption: June 1, 2008
For further information, please call: (512) 305-6823
Subchapter A. GENERAL PROVISIONS
The Texas State Board of Plumbing Examiners (Board) proposes amendments to §361.1, Definitions, which provides the meanings of words and terms used in the Plumbing License Law and Board Rules.
The amendments to §361.1 are proposed to define the term "new construction", as used in the Plumbing License Law, Subchapter B, Exemptions, §1301.052, Work Inside or Outside Municipalities. Subchapter B provides for certain plumbing related acts which may be performed without a license issued by the Board. Section 1301.052 describes certain geographical areas of the state where a license is not required. Section 1301.052 sets aside plumbing work performed in conjunction with new construction as not being exempted from licensure requirements, but work which requires a license regardless of the geographic area in which the work is performed.
The purpose of adopting the new amendments is to provide clarity to persons who have asked the meaning of the term "new construction", as used in this section. Section 1301.052 states:
"§1301.052. WORK INSIDE OR OUTSIDE MUNICIPALITIES.
A person is not required to be licensed under this chapter to perform plumbing, other than plumbing performed in conjunction with new construction, on a property that is:
(1) located in a subdivision or on a tract of land that is not required to be platted under §232.0015, Local Government Code; or
(2) not connected to a public water system and is located outside a municipality, or
(3) located outside a municipality and connected to a public water system that does not require a license to perform plumbing; or
(4) inside a municipality with fewer than 5,000 inhabitants, unless an ordinance of the municipality requires the person to be licensed."
The proposed amendments will continue to allow unlicensed persons who are exempted under §§1301.052(1) - 1301.052(4) to repair or remodel plumbing which is not performed in conjunction with new construction.
The new amendments clarify that new construction includes the addition of a permanent building or structure to property. The term "permanent" is used in the usual context to mean "lasting or intended to last indefinitely without change, as opposed to temporary." The International Plumbing Code (IPC), which is required to be adopted by the Board under §1301.255 of the Plumbing License Law, defines "Building" as "Any structure occupied or intended for supporting or sheltering any occupancy." The IPC defines "Structure" as "That which is built or constructed or a portion thereof."
The new amendments also clarify that new construction includes an addition or alteration to an existing building which increases the total square footage of the building or structure or changes the purpose for which the building or structure, or a portion thereof, is utilized or occupied. This language is consistent with the manner in which the IPC defines "Occupancy." The IPC defines "Occupancy" as "The purpose for which a building or portion thereof is utilized or occupied."
Economic Impact Statement, Regulatory Flexibility Analysis and Public Benefit. Based on the number of Certificates of Insurance filed with the Board by licensed Master Plumbers, the Board estimates that there are approximately 5,500 plumbing companies in the state which use licensed plumbers. The Board estimates that the majority of these are small businesses and many are micro businesses with no more than one or two employees. Because the amendments to §361.1 do not change the exemptions provided by Subchapter B of the Plumbing License Law, the projected economic impact on these small and micro businesses should be neutral. The Board does not register or have any reporting requirements for persons who engage in plumbing without a license due to the exemptions provided by §1301.052, of the Plumbing License Law. However, the Board estimates the number of those businesses which perform plumbing as a regular occupation, legally without a license, to be less than 200 statewide. The Board estimates that most all of these are micro businesses with one or two employees. Because the amendments to §361.1 do not change the exemptions provided to these unlicensed businesses by Subchapter B of the Plumbing License Law, the projected economic impact on these small and micro businesses should be neutral. In preparing this proposed rule, the Board considered several alternative methods for achieving the purposes of this rule amendment. The Board considered not defining "new construction", but decided that, based on the number of inquiries received, the public and the plumbing industry would benefit from clearer standards. The Board considered not including the word "permanent" in §361.1(31)(A) of the proposed rule, but decided that the inclusion of temporary buildings and structures would be more restrictive than the intent of §1301.052, for example, by including portable or mobile homes used temporarily on hunting or fishing camps or in similar situations. The Board considered not including the language in §361.1(31)(B)(i), but decided that such an addition or alteration to an existing building or structure which increased the total square footage could not be performed without new construction. The Board considered not including the language in §361.1(31)(B)(ii), but decided that such an addition or alteration which changes occupancy or a portion thereof would include, for example, a building or structure previously constructed without a finished interior, which requires new construction in order for the building or structure to be completed and occupied. Additionally, such an addition or alteration which changes the purpose for which the building or structure, or a portion thereof is utilized or occupied, would include, for example, a building or structure originally constructed as a single-family residence which requires new construction in order to convert it to a restaurant, healthcare facility, medical facility, or other type of business.
The public benefits of adopting the proposed definition will be that the plumbing industry will better protect the health and safety of the public when following these clearer standards.
Comments on the proposed rule changes, including the Economic Impact Statement, Regulatory Flexibility Analysis and Public Benefit, 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 ("Plumbing License Law"), §§1301.251, 1301.052, 1301.255 and the rule it amends. Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Section 1301.052 provides certain geographic exemptions for persons who do not hold a license issued by the Board. Section 1301.255 requires the Board to adopt certain plumbing codes, including the International Plumbing Code. The amendments to §361.1 are also proposed under Texas Government Code §2006.002, as amended by the 80th Legislature, HB 3430, which requires an agency to perform an Economic Impact Statement and Regulatory Flexibility Analysis if a proposed rule could have an adverse economic impact on small businesses.
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) 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 these rules and Chapter 2110 of the 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 these 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 to renew his or her License and/or Endorsement.
(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.
(21) Drain Cleaner--An individual who has completed at least 4,000 hours working under the supervision of a Master Plumber as a registered Drain CleanerRestricted Registrant, who has fulfilled the requirements of and is registered with the Board, and who installs cleanouts and removes and resets ptraps to eliminate obstructions in building drains and sewers.
(22) Drain Cleaner-Restricted Registrant--An individual who has worked as a registered Plumber's Apprentice under the supervision of a 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 codeapproved existing opening.
(23) Endorsement--a certification issued by the Board in addition to the Master or Journeyman Plumber License.
(24) Field Representative--for the purposes of these 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.
(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.
(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 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.
(26) License--A document issued by the Board to certify that the named individual fulfilled the requirements of the Act and of these rules to hold a license issued by the Board.
(27) Licensing and Registering--The process of granting, denying, renewing, revoking, or suspending a License, Registration or Endorsement.
(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.
(29) Master Plumber--An individual licensed under this Act who is skilled in the planning, superintending, and the practical installation, repair, and service of plumbing, who secures permits for plumbing work, 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.
(30) Medical Gas Piping Installation Endorsement--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.
(31) New Construction--as used in §1301.052 of the Plumbing License Law includes:
(A) The addition of a permanent building or structure to property; or
(B) An addition or alteration to an existing building or structure which
(i) increases the total square footage of the building or structure; or
(ii) changes the purpose for which the building or structure, or a portion thereof, is utilized or occupied.
(32) [(31)] 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) [(32)] Party--Each person
named or admitted in association with an action as a party.
(34) [(33)] 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) [(34)] Person--For the purposes
of these 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.
(36) [(35)] Petitioner--A person
asking the Board to adopt a rule.
(37) [(36)] 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
Master Plumber and the direct supervision of a licensed plumber.
(38) [(37)] Plumbing--All piping,
fixtures, appurtenances, and appliances, including disposal systems,
drain or waste pipes, or any combination of these that: supply, 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.
(39) [(38)] Plumbing Company--A
person, as defined in these Rules, who engages in the plumbing business.
(40) [(39)] Plumbing Inspection--Any
of the inspections required in §1301.255 and §1301.551 of
the Plumbing License Law, including any check of 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.
(41) [(40)] Plumbing Inspector--means
any individual who is employed by a political subdivision, or who
contracts as an independent contractor with a political subdivision,
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.
(42) [(41)] 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.
(43) [(42)] 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.
(44) [(43)] 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.
(45) [(44)] 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.
(46) [(45)] 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.
(47) [(46)] Residential Utilities
Installer--means an individual who has completed at least 2,000 hours
working under the supervision of a 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 onefamily or twofamily dwellings and building sewers.
(48) [(47)] Respondent--A person
charged in a complaint filed with the Board.
(49) [(48)] Responsible Master
Plumber--A Responsible Master Plumber is the Master Plumber who allows
his Master Plumber License to be used by a company for the purpose
of performing plumbing work and obtaining the required plumbing permits.
The Master Plumber by allowing his license to be used in this manner,
assumes responsibility for all plumbing work performed. A Responsible
Master Plumber may allow his Master Plumber License to be used by
only one plumbing company.
(50) [(49)] 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.
(51) [(50)] Supervision--the
general on-the-job or off-the-job oversight, direction and management
of plumbing work and individuals performing plumbing work by a Responsible
Master Plumber who is fulfilling his or her responsibility to the
client and employer by ensuring the following:
(A) that the operations of the plumbing company that has secured his or her services meets the requirements of all applicable local and state ordinances, regulations and laws; and
(B) that the plumbing work performed under his or her License will protect health and safety by meeting the requirements of the adopted plumbing code and all requirements of local and state ordinances, regulations and laws.
(52) [(51)] System--An interconnection
between one or more public or private end users of water, gas, sewer,
or disposal systems that could endanger public health if improperly
installed.
(53) [(52)] Tradesman Plumber-Limited
Licensee--means an individual who has completed at least 4,000 hours
working under the direct supervision of a Journeyman or Master Plumber
as a registered Plumber's Apprentice, who has passed the required
examination and fulfilled the other requirements of the Board, who
constructs and installs plumbing for one-family or two-family dwellings,
and who has not met or attempted to meet the qualifications for a
Journeyman Plumber License.
(54) [(53)] Two Family Dwelling--a
detached structure with separate means of egress designed for the
residence of two families ("duplex") 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.
(55) [(54)] Water Supply Protection
Specialist--a Master or Journeyman Plumber who holds the Water Supply
Protection Specialist Endorsement issued by the Board.
(56) [(55)] Water Treatment--A
business conducted under contract that requires experience in the
analysis of water, including the ability to determine how to treat
influent and effluent water, to alter or purify water, and to add
or remove a mineral, chemical, or bacterial content or substance.
The term also includes the installation and service of potable water
treatment equipment in public or private water systems and making
connections necessary to complete installation of a water treatment system.
(57) [(56)] Work as a Master
Plumber--To act as and assume the responsibilities of a Responsible
Master Plumber, as defined in these Rules.
(58) [(57)] Yard Water Service
Piping--The building supply piping carrying potable water from the
water meter or other source of water supply to the point of connection
to the water distribution system at the building.
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 April 17, 2008.
TRD-200802015
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 1, 2008
For further information, please call: (512) 936-5224
The Texas State Board of Plumbing Examiners (Board) proposes amendments to §367.1, General Provisions, which sets forth the plumbing codes adopted by the Board. Currently, the Board has adopted the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials (UPC) and the International Plumbing Code, as published by the International Code Council (IPC). As specified by §1301.255(a) of the Plumbing License Law (Title 8, Chapter 1301, Occupations Code), the Board has adopted the two codes as they existed on May 31, 2001, which are the 2000 editions of both codes. Section 1301.255(b) of the Plumbing License Law authorizes the Board to adopt later editions of the two codes.
Each edition of the plumbing codes are continually reviewed by a wide diversity of industry experts. The result is a new edition of the codes being published approximately every three years, ensuring that proper installation of plumbing systems will better protect public health and safety.
The amendments to §367.1 are proposed in response to a petition from Jack D. Burleson, Regional Manager, Governmental Relations, International Code Council (ICC), requesting the Board to adopt the latest editions of the codes, which are the 2006 Uniform Plumbing Code and the 2006 International Plumbing Code. The Board received letters from the public, industry associations and city officials supporting ICC's request to the Board to adopt the most recent editions of the two codes. Those who sent letters of support include John R. Brown, MCP, Director at Large, Building Officials Association of Texas; John R. Brown, MCP, Building Official, City of Rosenberg; John R. Brown, MCP, President, Brazos Valley Chapter, ICC; Harry L. Savio, CAE, Executive Vice President, Home Builders Association of Greater Austin; Lonnie Erwin, Chief Plumbing and Mechanical Inspector, City of Dallas; Bennie M. Reed, Chief Building Official, City of McKinney; Gary Adams, Assistant Building Official, City of McKinney; Paul Peterman, Chief Plumbing Inspector, City of McKinney; David Lancaster, Executive Vice President, Texas Society of Architects; Michael R. Henry, Building & Development Director, City of Rockport; Steve O'Neal, Chief Building Official, City of Lubbock; Chris Haver, CBO, City of College Station; Danny Sikorski, Chief Building Official, City of Bryan; Gil Durant, Inspections Department, City of Seguin; G. Greg Jones, Chief Building Official, City of Coppell; Charlie Hall, Westway Sales, Inc.; Ned Munoz, Director of Regulatory Affairs, Texas Association of Builders; Barbara Lochridge, Executive Director, North Texas Chapter of Plumbing-Heating-Cooling Contractors Association; Selso Mata, Vice President, North Texas Chapter of the ICC; Danny McNabb, Building Inspection Division Manager, City of Austin; Kathryn A. "Toy" Wood, Executive Vice President and CEO, Greater Houston Builders Association; Gary Miles, Assistant Building Official, City of Plano; David Sartor, Building Official, City of Abilene; Scott A. McDonald, Building Official, City of Amarillo; Larry F. Nichols, Deputy Director, Building Permits and Inspection, City of El Paso and Jim Powell, President, Panhandle Inspectors Association of Texas.
The Board has received no public comments, thus far, in opposition to the proposal.
Section 1301.255 of the Plumbing License Law specifically names the UPC and the IPC as the two codes to be adopted by the Board. The UPC contains all of the requirements for installation of plumbing within the one code. However, the IPC requires fuel gas plumbing to be installed according to the requirements of the International Fuel Gas Code and residential plumbing to be installed in accordance with the International Residential Code. Additionally, Chapter 214, Subchapter G of the Local Government Code, requires municipalities to adopt the International Residential Code. For those reasons, the language in the proposed amendment includes the International Fuel Gas Code and the International Residential Codes, the two codes referenced within the International Plumbing Code. Including the names of the two codes referenced within the IPC will provide clarity to the public, plumbing industry, municipalities, and owners of public water systems.
The rule amendments will require individuals who are preparing for examinations administered by the Board to prepare for the examinations using the 2006 Uniform Plumbing Code or the 2006 International Plumbing Code. Applicants for examination who choose the 2006 International Plumbing Code to prepare would also study the 2006 International Fuel Gas Code and the 2006 International Residential Code, as applicable. Applicants who choose the 2006 Uniform Plumbing Code would also study the 2006 International Residential Code, as applicable.
The rule amendments will also require licensed plumbers who install plumbing in geographical areas where no local jurisdiction has adopted a plumbing code, to install plumbing in accordance with the 2006 Uniform Plumbing Code or the 2006 International Plumbing Code. Licensed plumbers who install plumbing in these areas according to the 2006 International Plumbing Code would also need to meet the requirements of the 2006 International Fuel Gas Code and the 2006 International Residential Code, as applicable.
Plumbing installed within local jurisdictions which have adopted a plumbing code will continue to be installed in accordance with the code adopted by the local jurisdiction.
The rule amendments also update an obsolete reference in §367.1(b), which refers to disciplinary procedures which were previously found in Chapter 365. The amendments correctly state that the procedures are now found in Chapter 367 of the rules.
The amendments also update language in §367.1(h), which establish no new requirements, but reflect changes made to §1301.255(e) of the Plumbing License Law by the 80th Legislature.
Economic Impact Statement, Regulatory Flexibility Analysis and Public Benefit. Although §1301.255(b) of the Plumbing License Law authorizes the Board to adopt later editions of the two codes, the Board does not interpret this Section as requiring municipalities or owners of public water systems to also adopt later editions of the UPC or IPC. Section 1301.255(d) allows a municipality or owner of a public water system, in adopting a code, to amend any provisions of the code to conform to local concerns that do not substantially vary from Board rules or other rules of the state. A municipality or owner of a public water system may choose whether or not to adopt the latest edition of the UPC or IPC. The rule amendments will have no negative economic impact on municipalities or owners of public water systems.
The rule amendments will have no significant negative economic impact on applicants preparing for an examination administered by the Board, because applicants who choose to purchase codes to prepare for an examination will purchase a 2006 edition of the codes instead of purchasing an earlier edition.
The rule amendment will have no significant negative economic impact on licensed plumbers, including small businesses which employ licensed plumbers, who install plumbing in geographical areas where no local jurisdiction has adopted a plumbing code, because the amendments will allow incomplete plumbing installations which commenced under the requirements of an earlier edition of the plumbing codes and prior to the Board's adoption of the 2006 editions of the plumbing codes, to continue to completion under the requirements of the earlier edition.
The public benefits of adopting the proposed amendments will be that, following the effective date of the amendments, licensed plumbers will have passed an examination based on the most current editions of the plumbing codes. Additionally, plumbing installed by licensed plumbers in geographical areas where no local jurisdiction has adopted a plumbing code, will be installed to meet the requirements of the most current editions of the plumbing codes. Plumbing installed in accordance with the latest editions of the plumbing codes will better protect the health and safety of the public.
Comments on the proposed rule changes, including the Economic Impact Statement, Regulatory Flexibility Analysis and Public Benefit, 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 §367.1 are proposed under and affect Title 8, Chapter 1301, Occupations Code, ("Plumbing License Law"), §1301.251, §1301.255, and the rule it amends. Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Section 1301.255 allows the Board to adopt later editions of plumbing codes and requires plumbing installed by licensed plumbers in geographical areas where no local jurisdiction has adopted a plumbing code, to be installed in accordance with the codes adopted by the Board. The amendments to §367.1 are also proposed under Texas Government Code §2006.002, as amended by the 80th Legislature, HB 3430, which requires an agency to perform an Economic Impact Statement and Regulatory Flexibility Analysis if a proposed rule could have an adverse economic impact on small businesses.
No other statute, article or code is affected by this proposed amendment.
§367.1.General Provisions.
(a) Enforcement of all applicable laws including the Act, Board rules, and Board orders vests in the Board.
(b) Enforcement of the Act, local codes, and ordinances,
and local standards of competency vests in local authorities. The
Board may take disciplinary actions as specified in this Chapter [
365 of this title, related to licensing and registrations,]
in the event of any violation of any of these requirements.
(c) Each locally designated plumbing inspector shall enforce the Act and municipal ordinances and should file complaints with the Board and with local prosecutors.
(d) The Board shall employ individuals knowledgeable of plumbing practice and law as field representative to assist in the enforcement of the Act. A field representative may:
(1) Inspect plumbing work sites to assess compliance with the Law;
(2) Inquire into consumer complaints and reported violations of the Law;
(3) Assist municipal authorities in enforcing the Act; and
(4) Issue citations for violations of the Act.
(e) To protect the health and safety of the citizens
of this state, the Board adopts the following plumbing codes[,
as those codes existed on May 31, 2001]:
(1) the 2006 Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials; and
(2) the 2006 International Plumbing Code, as published by the International Code Council and the codes incorporated by reference within the 2006 International Plumbing Code, including:
(A) the 2006 International Fuel Gas Code and;
(B) the 2006 International Residential Code.
(f) The Board may by rule adopt later editions of the plumbing codes listed under Subsection (e) of this section.
(g) Plumbing installed in an area not otherwise subject to regulation under the Act by an individual licensed under the Act must be installed in accordance with a plumbing code adopted by the Board under Subsection (e) or (f) of this section. Incomplete plumbing installations which commenced under the requirements of an earlier edition of the plumbing codes and prior to the Board's adoption of the 2006 editions of the plumbing codes, may continue to completion under the requirements of the earlier edition.
(h) In adopting plumbing codes and standards for the proper design, installation, and maintenance of a plumbing system under this section, a municipality or an owner of a public water system may amend any provisions of the codes and standards to conform to local concerns that do not substantially vary with rules or laws of this state.
(i) Plumbing installed in compliance with a code adopted under Subsection (e), (f), or (h) of this section must be inspected by a plumbing inspector. To perform this inspection, the political subdivision may contract with any plumbing inspector or qualified plumbing inspection business, as determined by the political subdivision, that is paid directly by the political subdivision. The plumbing inspector must be licensed as required by §§1301.255(e), 1301.351(b) and 1301.551 of the Plumbing License Law.
(j) The potable water supply piping for every plumbing fixture, including water closet plumbing fixtures and other equipment that use water shall be installed to prevent the back flow of non-potable substances into the potable water system according to the provisions of an adopted plumbing code. Water closet fill valves (ball cocks) shall be of the anti-siphon, integral vacuum breaker type with the critical level (the air inlet portion of the vacuum breaker) installed at least one inch (1") above the flood level rim of the fixture (the inlet of the water closet overflow tube).
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 April 17, 2008.
TRD-200802016
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 1, 2008
For further information, please call: (512) 936-5224