TEXAS STATE BOARD OF PLUMBING EXAMINERS

PREAMBLE FOR THE PROPOSAL OF RULE AMENDMENTS

Rule Section 365.1 License and Registration Categories; Description;

Scope of Work Permitted
The Texas State Board of Plumbing Examiners (Board) proposes amendments to Board
rule Section 365.1, which describes the scope of work permitted to the holder of a
license, endorsement or registration issued by the Board.

The amendments to Section 365.1 are proposed in response to the passage of Senate Bill
1410, 81st Regular Legislative Session. The proposed amendments reflect revisions made
to the Plumbing License Law by Senate Bill 1410, including a definition of Responsible
Master Plumber and requirements for persons licensed, endorsed and registered by the
Board to perform plumbing work under the general supervision of a Responsible Master
Plumber.

The proposed amendments also reflect the language of Senate Bill 1410 by adding
language to allow a person to hold a Plumbing Inspector license if the person is
employed or contracted by a state agency.

The proposed amendments list the scope of work provided to a Multipurpose Residential
Fire Protection Sprinkler Specialist, a new category of endorsement provided by Senate
Bill 1410.

Economic Impact Statement and Regulatory Flexibility Analysis

Texas Government Code Section 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. The proposed amendments to Section 365.1 will have no
adverse economic impact on small businesses.

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 and local government as well as small businesses and persons
required to comply with these rules amendments.

Mr. Maxwell also has determined that each year of the first five years the rules are in
effect the public benefit anticipated as a result of enforcing these rules will be a clear
understanding of the scope of work permitted to the holder of a license, endorsement or
registration issued by the Board. Public health and safety will benefit from regulations
which limit the scope of work permitted to only that which the holder of the license,
endorsement or registration is qualified to perform.

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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 Section 365.1 are proposed under and affect Title 8, Chapter 1301,
Occupations Code, as amended by the 81st Legislature (“Plumbing License Law” or
“Law”), Section 1301.251, Section 1301.002, Section 1301.351 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 provides definitions of licenses,
endorsements and registrations issued by the Board. Section 1301.351 prohibits a person
from performing plumbing without holding the proper license, endorsement or
registration. The amendments to Section 365.1 are also proposed under Texas
Government Code Section 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. The proposed
amendment has been reviewed by legal counsel and found to be within the state agency’s
authority to adopt.

The language for the proposed amendment follows (new language is bolded and
underlined and deleted language is in [brackets]):

Sec. 365.1. License, Endorsement and Registration Categories; Description; Scope of

Work Permitted.
In accordance with Sec. 1301.351, of the Plumbing License Law, a person may not
perform plumbing without holding the proper license, endorsement or registration
which relates to the type of plumbing to be performed. The scope of work permitted
to an individual who holds a license, endorsement or registration issued by the
Board is described as follows: [The Board shall establish four separate license
categories, two endorsement categories and four registration categories, as described in
paragraphs (1) – (10) of this section.]
(a) Responsible Master Plumber (or “RMP”) - a person who is licensed as a Master
Plumber and meets the requirements of a Responsible Master Plumber under the
Plumbing License Law and Board Rules is authorized to:
(1) advertise or otherwise offer to perform or provide plumbing to the
general public;
(2) enter into contracts or agreements to perform plumbing;
(3) obtain plumbing permits to perform plumbing work; and
(4) perform and supervise plumbing.
(b) Master Plumber license - authorizes the individual to perform and supervise
plumbing;
(1) only under the general supervision of a Responsible Master Plumber; and
(2) only under contracts or agreements to perform plumbing work secured
by a Responsible Master Plumber.

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(c) Journeyman Plumber license - authorizes the individual to perform and
supervise plumbing;
(1) only under the general supervision of a Responsible Master Plumber; and
(2) only under contracts or agreements to perform plumbing work secured
by a Responsible Master Plumber.
(d) Tradesman Plumber-Limited license - authorizes the individual to perform and
supervise plumbing for only one or two family dwellings;
(1) only under the supervision of a Responsible Master Plumber; and
(2) only under contracts or agreements to perform plumbing secured by a
Responsible Master Plumber.
(3) A Tradesman Plumber-Limited license holder may assist in the
installation of plumbing other than for one or two family dwellings only
under the direct, on-the-job supervision of a licensed Journeyman or Master
Plumber.
(e) Plumbing Inspector license - authorizes the individual to perform plumbing
inspections as an employee or independent contractor of a political subdivision or
state agency for compliance with health and safety laws and ordinances.
(f) Medical Gas Piping Installation Endorsement - an endorsement to a Journeyman
or Master Plumber license that authorizes the individual to install piping that is
used solely to transport gases used for medical purposes;
(1) only under the general supervision of a Responsible Master Plumber who
holds a Medical Gas Piping Installation Endorsement on his or her Master
Plumber license; and
(2) only under contracts or agreements to perform medical gas piping
installations secured by a Responsible Master Plumber who holds a Medical
Gas Piping Installation Endorsement on his or her Master Plumber license.
(g) Water Supply Protection Specialist--an endorsement to a Journeyman or Master
Plumber license that authorizes the individual to perform Customer Service
Inspections as defined in the Texas Commission on Environmental Quality Rules
and Regulations for Public Water Systems. A Water Supply Protection Specialist
Endorsement shall not be used in lieu of a Plumbing Inspector license as required
under §1301.351 of the Plumbing License Law to perform plumbing inspections
required under §1301.255 and §1301.551 of the Plumbing License Law.
(h) Multipurpose Residential Fire Protection Sprinkler Specialist - an endorsement
to a Journeyman or Master Plumber license that authorizes the individual to install
a multipurpose residential fire protection sprinkler system for only one or two
family dwellings;
(1) only under the general supervision of a Responsible Master Plumber who
holds a Multipurpose Residential Fire Protection Sprinkler Specialist
endorsement on his or her Master Plumber license; and
(2) only under contracts or agreements to perform multipurpose residential
fire protection sprinkler system installations secured by a Responsible
Master Plumber who holds a Multipurpose Residential Fire Protection
Sprinkler Specialist endorsement on his or her Master Plumber license.
(i) Residential Utilities Installer Registration - authorizes the holder of a Plumber’s
Apprentice registration to construct and install yard water service piping and
building sewers for only one or two family dwellings;
(1) only under the general supervision of a Responsible Master Plumber; and
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 (2) only under contracts or agreements to perform plumbing work secured
by a Responsible Master Plumber.
(j) Drain Cleaner Registration - authorizes the holder of a Plumber’s Apprentice
registration or a Tradesman Plumber-Limited license to install cleanouts and
remove and reset p-traps for the purposes of eliminating obstructions in building
drains and sewers;
(1) only under the general supervision of a Responsible Master Plumber; and
(2) only under contracts or agreements to perform plumbing work secured
by a Responsible Master Plumber.
(k) Drain Cleaner-Restricted Registration - authorizes the holder of a Plumber’s
Apprentice registration to clear obstructions in sewer and drain lines only through
any existing code-approved opening;
(1) only under the general supervision of a Responsible Master Plumber; and
(2) only under contracts or agreements to perform plumbing work secured
by a Responsible Master Plumber.
(l) Plumber's Apprentice Registration - authorizes the individual to assist a person
licensed by the Board in the installation of plumbing;
(1) only under the direct, on-the-job supervision of a person licensed by the
Board;
(2) only under the general supervision of a Responsible Master Plumber; and
(3) only under contracts or agreements to perform plumbing work secured
by a Responsible Master Plumber.
[(1) Master Plumber--a license that entitles the individual to perform plumbing
work, enter into contracts or agreements to perform plumbing work for the general public
and to secure permits to perform plumbing work.]
[(2) Journeyman Plumber--a license that entitles the individual to do plumbing
work only under the general supervision of Master plumbers and only under contracts or
agreements to perform plumbing work secured by Master Plumbers. ]
[(3) Medical Gas Piping Installation Endorsement--an endorsement to a
Journeyman or Master Plumber license entitling the individual 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 and medical vacuum. ]
[(4) Plumbing Inspector--a license that entitles the individual to do plumbing
inspections as an employee or independent contractor of a political subdivision for
compliance with health and safety laws and ordinances. ]
[(5) Water Supply Protection Specialist--an endorsement to a Journeyman or
Master Plumber License certifying the individual to perform Customer Service
Inspections as defined in the Texas Commission on Environmental Quality Rules and
Regulations for Public Water Systems. A Water Supply Protection Specialist
Endorsement shall not be used in lieu of a Plumbing Inspector License as required under
§1301.351 of the Plumbing License Law to perform plumbing inspections required under
§1301.255 and §1301.551 of the Plumbing License Law. ]
[(6) Tradesman Plumber-Limited Licensee--a license that entitles the individual to
construct and install plumbing for only one or two family dwellings, only under the
supervision of Master Plumbers and only under contracts or agreements to perform
plumbing work secured by Master Plumbers. ]
[(7) Residential Utilities Installer--a registration that entitles the individual to
construct and install yard water service piping and building sewers for only one or two
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family dwellings, only under the supervision of Master Plumbers and only under
contracts or agreements to perform plumbing work secured by Master Plumbers.]
[(8) Drain Cleaner--a registration that entitles the individual to install cleanouts
and remove and reset p-traps for the purposes of eliminating obstructions in building
drains and sewers, only under the supervision of Master Plumbers and only under
contracts or agreements to perform plumbing work secured by Master Plumbers. ]
[(9) Drain Cleaner-Restricted Registrant--a registration that entitles the individual
to clear obstructions in sewer and drain lines only through any existing code-approved
opening, only under the supervision of Master Plumbers and only under contracts or
agreements to perform plumbing work secured by Master Plumbers. ]
[(10) Plumber's Apprentice--a registration that entitles the individual to, as his or
her principal occupation, to engage in learning and assisting in the installation of
plumbing, only under the supervision of a Master Plumber and the direct supervision of a
licensed plumber and only under contracts or agreements to perform plumbing work
secured by Master Plumbers.]