PART 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS
CHAPTER 365. LICENSING AND REGISTRATION
The Texas State Board of Plumbing Examiners (Board) adopts amendments to §365.5, concerning Renewals. The Board adopts the rule amendments, without changes to the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8877). Prior to proposal of the rule amendments, two public meetings were conducted in order to develop the needed amendments. The Board's Continuing Professional Education (CPE) Committee conducted a public meeting on September 8, 2008, and considered public and staff comments regarding the development of the rule amendments. The full Board considered the comments of the public, staff and the CPE Committee at a public meeting on October 13, 2008 prior to proposing the rule. The Board authorized the proposal of the amendments on October 13, 2008.
The amendments to §365.5, which set forth registration, license and endorsement renewal requirements, are adopted to clarify Board policy which provides alternate methods for certain individuals to receive credit for Continuing Professional Education (CPE) required for the renewal of a license issued by the Board. The individuals who are the subject of the rule amendments typically receive much more than the minimum 6 hours of CPE required by the Plumbing License Law and Board Rules, during the course of the individuals' regular duties. The individuals are CPE Course Instructors who are fully approved by the Board to teach CPE, Board employees who monitor CPE classes for compliance with the Plumbing License Law, and Board employees who review all Course Materials during the Board's approval process and complete the Board's Course Instructor Certification Workshop annually.
No comments were received regarding the proposed rule amendment since the proposed text was published in the Texas Register.
The amendments to §365.5 are adopted under and affect Title 8, Chapter 1301, Occupations Code, as amended by the 78th Legislature ("Plumbing License Law" or "Law"), §1301.251, §1301.404, and the rule it amends. Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Section 1301.404 requires the Board to adopt criteria and administer CPE programs and allows the Board to exempt certain persons from the requirements of that section, if the Board determines the exemption is in the public interest. The amendments to §365.5 are also adopted 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 these rule amendments.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2009.
TRD-200900152
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 2, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 936-5224
The Texas State Board of Plumbing Examiners (Board) adopts amendments to §365.14, concerning Continuing Professional Education Programs. The Board adopts the rule amendments, without changes to the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8878). Prior to proposal of the rule amendments, two public meetings were conducted in order to develop the needed amendments. The Board's Continuing Professional Education (CPE) Committee conducted a public meeting on September 8, 2008, and considered public and staff comments regarding the development of the rule amendments. The full Board considered the comments of the public, staff and the CPE Committee at a public meeting on October 13, 2008 prior to proposing the rule. The Board authorized the proposal of the amendments on October 13, 2008.
Section 365.14 sets forth the criteria adopted by the Board for continuing professional education (CPE) programs for the renewal of licenses issued by the Board. The amendments to §365.14 are adopted in order to delete obsolete language, update procedures to current practices and implement new procedures to ensure that the programs continue to provide quality continuing professional education to the licensees. The amendments will result in better protection of the health and safety of the public through better education of the plumbing industry.
The following subsections are amended:
Section 365.14(a) deletes obsolete language and clarifies the intent of Course Materials to be used as reference material.
Section 365.14(a)(4) replaces obsolete reference to Vernon's Civil Statutes.
Section 365.14(a)(6) allows draft versions of Course Materials to be submitted to the Board in a draft form.
Section 365.14(a)(7) eliminates reference to evaluation forms no longer required under current practice.
Section 365.14(a)(12)(C) requires Course Material applicants to report felony convictions.
Section 365.14(a)(12)(D) clarifies current requirement for Course Material applicants to submit certificate of good standing from Texas Comptroller of Public Accounts.
Section 365.14(a)(12)(G) requires contact information for Course Material applicants.
Section 365.14(a)(13) clarifies language which requires a Course Material Provider to sell Course Materials at the same price, regardless to whom the Course Material Provider chooses to sell Course Materials.
Section 365.14(a)(14) eliminates reference to evaluation forms no longer required under current practice.
Section 365.14(a)(16) clarifies the approval period of Course Materials and adds flexibility for periods of use.
Section 365.14(a)(17)(A) clarifies that Course Materials must accompany Course Material Provider applications when submitted to the Board for approval.
Section 365.14(b)(5) provides an exception to CPE class size limitations to military personnel on active duty.
Section 365.14(b)(7) clarifies requirements for CPE Certificates of Completion and eliminates obsolete language.
Section 365.14(b)(10) clarifies CPE class notification requirements, allows Course Providers to notify the Board of scheduled CPE classes via the Course Provider's website, and prescribes procedures to help avoid cancellation of CPE classes by Course Providers, including procedures for rescheduling classes when necessary.
Section 365.14(b)(11) clarifies the intent of required self monitoring of CPE classes by the Course Providers.
Section 365.14(b)(12) eliminates outdated language regarding the Course Instructor application process and clarifies current requirements.
Section 365.14(b)(15)(C) requires Course Provider applicants to self report felony convictions.
Section 365.14(b)(15)(D) clarifies current requirement for Course Provider applicants to submit certificate of good standing from Texas Comptroller of Public Accounts.
Section 365.14(b)(15)(F) requires Course Providers to include their electronic mail address in the application.
Section 365.14(b)(15)(K) revises content requirements for Course Provider reports submitted to the Board.
Section 365.14(b)(15)(N) requires Course Providers to designate a primary contact person who will communicate with the Board.
Section 365.14(b)(16)(C) eliminates unnecessary reference to Course Provider evaluation forms. Unsatisfactory evaluations of Course Providers and Course Instructors are more effectively handled through the Board's complaint processes.
Section 365.14(b)(18) clarifies approval period of Course Providers.
Section 365.14(b)(19) deletes obsolete language regarding submittal of Course Provider applications.
Section 365.14(c) clarifies current requirements that Course Instructor applications must be submitted by a Course Provider.
Section 365.14(c)(4)(A) clarifies that Course Instructors must ensure that their classroom CPE presentations must be based only on Board approved Course Materials and other materials approved by the Board.
Section 365.14(c)(4)(D) requires the Course Instructor to notify the Course Provider immediately, if the Course Instructor is unable to provide instruction for a CPE class that the instructor was scheduled to instruct, to allow the Course Provider to make every effort to provide a substitute Course Instructor to avoid cancelling the class.
Section 365.14(c)(7) Requires the Course Instructor to, at the beginning of each CPE class, provide each individual student with a separate single page handout containing the text of §365.14(c)(4) - (6), in a format provided by the Board. This will ensure that each student receives notice of what is required of the instructor and the student during the CPE class.
No comments were received regarding the proposed rule amendment since the proposed text was published in the Texas Register.
The amendments to §365.14 are adopted under and affect Title 8, Chapter 1301, Occupations Code, as amended by the 78th Legislature ("Plumbing License Law" or "Law"), §1301.251, Subchapter I, Board rules Chapter 367 and the rule it amends. Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Subchapter I sets forth the Board's disciplinary procedures. Chapter 367 of the Board rules sets forth the Board's enforcement procedures, grounds for disciplinary actions and standards of conduct for licensees. The amendments to §365.14 are also adopted 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 adopted amendment.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2009.
TRD-200900153
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 2, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 936-5224
The Texas State Board of Plumbing Examiners adopts amendments to §367.1, concerning General Provisions, without changes to the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8883).
Currently, the Board has adopted the Uniform Plumbing Code (UPC), as published by the International Association of Plumbing and Mechanical Officials (IAPMO) and the International Plumbing Code (IPC), as published by the International Code Council (ICC). 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 is 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.
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 portions of the examinations which cover liquefied petroleum gas (LPG) systems, are based on the codes adopted by the Texas Railroad Commission (RRC), which regulates the installation of LPG systems in Texas.
The amendments require plumbing to be installed in accordance with the plumbing codes applicable to the area or jurisdiction where the plumbing is installed. 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 will also require licensed plumbers who install plumbing in geographical areas where no plumbing code has been adopted and not otherwise subject to regulation under the Plumbing License Law or another state law, to install plumbing in accordance with a 2006 edition of a plumbing code adopted by the Board.
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.
All LPG systems must be installed in accordance with the rules of the RRC. Many licensed plumbers in Texas are also licensed by the RRC to install LPG systems and, therefore, should be knowledgeable of the codes adopted by RRC.
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.
No comments were received regarding the proposed rule amendment since the proposed text was published in the Texas Register.
The amendments to §367.1 are adopted 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 adopted 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 these rule amendments.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2009.
TRD-200900154
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 2, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 936-5224