Commerce, Occupational and Professional Licensing

Rule R156-55c

Construction Trades Licensing Act Plumber Licensing Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 34116
Filed: 09/27/2010 02:25:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2010 Legislative Session, H.B. 176 amended Title 58, Chapter 55, by establishing a continuing education registry and a continuing education requirement of 12 hours for licensed plumbers. This filing implements proposed rules related to that legislative bill. Also, the filing changes how long any successfully passed part of the required examination for plumbers may be valid. Licensure applicants for various journeyman and master plumber license classifications can take years to take and pass the two separate sections of the examination. This has created a concern that codes and industry practices change and applicants that complete the examination should know the current codes and practices. Also, there is a perception that as a result of this proposed amendment, applicants would be more judicious about preparing for and passing the examination. (DAR NOTE: H.B. 176 (2010) is found at Chapter 57, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

Capitalized the word "division" throughout the rule and also deleted any reference in the rule to a "residential apprentice plumber" since this license classification is no longer included in Subsection 58-55-301(2). In Section R156-55c-101, updated the title of the rule. In Section R156-55c-102, added definition for "direct supervision" and updated definition of plumber to include all plumbing license classification types. In Section R156-55c-302b regarding training and instruction requirement, added hydronics piping and equipment installation and fire suppression system installation to both Table I and II and adjusted minimum hours in both tables accordingly. In Section R156-55c-302c, amendments and additions to this section establish that starting on 12/31/2010 a passed part of any examination required for plumber licensing is only valid for one year. Those individuals who have successfully passed any part of the examination prior to the 12/31/2010 date will have until 12/31/2011 to successfully pass all parts of the required examination. In Subsection R156-55c-302d(1)(c), amended supervisory experience to mean "direct" rather than "immediate" supervision as "direct supervision" is defined in Subsection R156-55c-102(2). Section R156-55c-303b is a new section regarding continuing education to implement H.B. 176. In Section R156-55c-601, added all plumbing license classification types.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-55-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print the rule and distribute it once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed plumbers, applicants for licensure in various plumber license classifications, plumbing contractors and plumbing continuing education providers. As a result, the proposed amendments do not apply to local governments.

small businesses:

There are small businesses that are plumbing contractors and others that provide continuing education courses. For those small businesses that provide continuing education courses, there will be additional costs incurred. For continuing education courses to be reviewed for approval by the Division, the fee is $40 per course. The course providers will also have to place on the continuing education registry individual information of those who attended their courses. The registry cost for the continuing education providers is $1 per attendee for each hour of continuing education credit.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments apply to licensed plumbers, applicants for licensure in various plumber license classifications, plumbing contractors, and plumbing continuing education providers. Since the continuing education requirement of 12 hours every 2 years is new for licensed plumbers, the Division estimates a licensed plumber can obtain the required hours for an average cost of $120 per licensee. The Division currently has approximately 4,500 licensed plumbers, resulting in an aggregate cost of $540,000 over a 2-year period. Also if a licensed plumber chooses not to utilize a continuing education registry, the licensee will incur a $40 fee for the Division to review and approve continuing education courses. For individuals or groups that provide continuing education courses, there will be additional costs incurred. For continuing education courses to be reviewed for approval by the Division, the fee is $40 per course. The course providers will also have to place on the continuing education registry individual information of those who attended their courses. The registry cost for the continuing education providers is $1.00 per attendee for each hour of continuing education credit. There will be an unknown number of individuals who will be required to retake an outdated part of the required examination for licensure they had previously passed as a result of the proposed amendment limiting the successful passage of any part of the examination to one year. The cost to take the written section of the examination is $72 and the cost to take the practical section of the examination is $100. The Division is not able to determine how many individuals will be required to retake parts of the examination that have not been successfully passed.

Compliance costs for affected persons:

The proposed amendments apply to licensed plumbers, applicants for licensure in various plumbing license classifications, plumbing contractors, and plumbing continuing education providers. Since the continuing education requirement of 12 hours every 2 years is new for licensed plumbers, the Division estimates a licensed plumber can obtain the required hours for an average cost of $120 per licensee. Also if a licensed plumber chooses not to utilize a continuing education registry, the licensee will incur a $40 fee for the Division to review and approve continuing education courses. For individuals or groups that provide continuing education courses, there will be additional costs incurred. For continuing education courses to be reviewed for approval by the Division, the fee is $40 per course. The course providers will also have to place on the continuing education registry individual information of those who attended their courses. The registry cost for the continuing education providers is $1 per attendee for each hour of continuing education credit. There will be an unknown number of individuals who will be required to retake an outdated part of the required examination for licensure they had previously passed as a result of the proposed amendment limiting the successful passage of any part of the examination to one year. The cost to take the written section of the examination is $72 and the cost to take the practical section of the examination is $100. The Division is not able to determine how many individuals will be required to retake parts of the examination that have not been successfully passed.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing implements recent statutory changes as to continuing education requirements and makes other technical changes. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov
• Dennis Meservy at the above address, by phone at 801-530-6375, by FAX at 801-530-6511, or by Internet E-mail at dmeservy@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/15/2010

Interested persons may attend a public hearing regarding this rule:

• 10/27/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT

This rule may become effective on:

11/22/2010

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-55c. [ Construction Trades Licensing Act ]Plumber Licensing Rule.

R156-55c-101. Title.

This rule is known as the "[Construction Trades Licensing Act] Plumber Licensing Rule".

 

R156-55c-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 55, as used in Title 58, Chapters 1 and 55 or this rule:

(1) "Board" means the Plumbers Licensing Board.

(2) "Direct supervision", as used in this rule, means reasonable direction, oversight, inspection, and evaluation of the work of a person, in or out of the immediate presence of the supervision person, so as to ensure that the end result complies with applicable standards.

([2]3) "Plumber" means apprentice plumber, [residential apprentice plumber,] journeyman plumber, [and] residential journeyman plumber , master plumber and residential master plumber.

([3]4) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 55, is further defined in accordance with Subsection 58-1-203(1)(e), in Subsection R156-55c-501.

 

R156-55c-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 55.

 

R156-55c-302b. Qualification for Licensure - Training and Instruction Requirement.

In accordance with Subsections 58-1-203(2) and 58-1-301(3), the training and instruction requirements for licensure in Subsection 58-55-302(3)(c) and (d) are defined, clarified, or established as follows:

(1) An applicant for a journeyman plumber's license shall demonstrate successful completion of the requirements of either paragraph (a) or (b):

(a)(i) 8,000 hours of training and instruction in not less than four years that meets the requirements of Subsections R156-55c-302b(4) and (6).

(ii) the 8,000 hours shall include 576 clock hours of related classroom instruction that meets the requirements of Subsection R156-55c-302b(5);

(iii) the apprenticeship shall be obtained while licensed as an apprentice plumber[ or residential apprentice plumber];

(iv) the apprenticeship shall include on the job training and instruction in [seven]nine of the [nine]11 work process areas listed in Table I; and

(v) the hours obtained in any work process area shall be at least the number of hours listed in Table I.

(b)(i) 16,000 hours of on the job training and instruction in not less than eight years;

(ii) the apprenticeship shall be obtained while licensed as an apprentice plumber;

(iii) the hours shall include on the job training and instruction in [seven]nine of the [nine]11 work process areas listed in Table I; and

(iv) the hours obtained in any work process shall be at least the number of hours listed in Table I.

 

TABLE I
Training and Instruction

                                                  Minimum

     Work Process                                  Hours



     A.  Use of hand tools, equipment and           200

         pipe machinery



     B.  Installation of piping for waste,        2,000

         soil, sewer and vent lines



     C.  Installation of hot and cold water       1,400

         for domestic purposes



     D.  Installation and setting of plumbing    [1,400]1,200

         appliances and fixtures



     E.  Maintenance and repair of plumbing         600



     F.  General pipe work including process        600

         and industrial hours



     G.  Gas piping or service piping               400



     H.  Welding, soldering and brazing

         as it applies to the trade                 100



     I.  Service and maintenance of gas             100

         controls and equipment




     J.  Hydronics piping and equipment

         installation                               300



     K.  Fire suppression system installation       100

 

(2) An applicant for a residential journeyman plumber's license shall demonstrate successful completion of the requirements of paragraph (a) or (b):

(a)(i) 6,000 hours of training and instruction in not less than three years that meets the requirements of Subsections R156-55c-302b(4) and (6).

(ii) the 6,000 hours shall include 432 clock hours of related classroom instruction that meets the requirements of Subsection R156-55c-302b(5);

(iii) the 6,000 hours shall be obtained while licensed as an apprentice plumber[ or residential apprentice plumber];

(iv) the apprenticeship shall include on the job training and instruction in [six]eight of the [eight]ten work process areas listed in Table II; and

(v) the hours obtained in any work process area shall include at least the number of hours listed in Table II.

(b)(i) 12,000 hours of experience in not less than six years which has been documented using a form provided by the [d]Division;

(ii) the experience shall be obtained while licensed as an apprentice plumber[ or residential apprentice plumber];

(iii) at least 9,000 hours of experience shall be directly involved in the plumbing trade;

(iv) the hours shall be in [six]eight of the [eight]ten work process areas listed in Table II; and

(v) the hours obtained in any work process area shall include at least the number of hours listed in Table II.

 

TABLE II
Training and Instruction

                                                  Minimum

     Work Process                                  Hours



     A.  Use of hand tools, equipment and           100

         pipe machinery



     B.  Installation of piping for waste,        1,600

         soil, sewer and vent lines



     C.  Installation of hot and cold water       1,200

         for domestic purposes



     D.  Installation and setting of plumbing    [1,000]800

         appliances and fixtures



     E.  Maintenance and repair of plumbing         600



     F.  Gas piping or service piping               400



     G.  Service and maintenance of gas             100

         controls and equipment



     H.  Welding, soldering and brazing             100

         as it applies to the trade




     I.  Hydronics piping and equipment

         installation                               300



     J.  Fire suppression system installation       100

 

(3) A licensed residential journeyman plumber applying for a journeyman plumber's license shall complete 2,000 hours of on the job training in industrial or commercial plumbing while licensed as an apprentice plumber[ or residential apprentice plumber], which shall include successful completion of an approved fourth year course of classroom instruction.

(4) On the job training and instruction required in this section shall include measurements of an apprentice's performance in the plumbing trade.

(5) Formal classroom instruction required by this section shall meet the following requirements:

(a) instruction shall be conducted by an entity approved by the Utah Board of Regents, Utah College of Applied Technology Board of Trustees or by another similar out of state body that approves formal plumbing educational programs; and

(b) instruction shall be conducted by competent qualified staff and shall include measures of competency and achievement level of each apprentice.

(6) Apprentice plumbers [and residential apprentice plumbers] shall engage in the plumbing trades only in accordance with the following:

(a) except as provided in Subsection 58-55-302(3)(e)(ii) for fourth through tenth year apprentices, while engaging in the plumbing trade, an apprentice plumber [or residential apprentice plumber] shall be under the immediate supervision of a journeyman plumber for commercial or industrial work, and by a residential journeyman or journeyman plumber for residential work;

(b) the apprentice shall engage in the plumbing trade in accordance with the instruction of the supervising plumber; and

(c) the apprentice shall work in a ratio of not to exceed two apprentice plumbers to one supervising plumber.

 

R156-55c-302c. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-1-203(2) and 58-1-301(3), the examination requirements for licensure in Subsection 58-55-302(1)(c)(i) are defined, clarified, or established as follows:

(1) The applicant shall obtain a score of 70% on the Utah Plumbers Licensing Examination which shall consist of a written section and practical section.

(2) Admission to the examinations is permitted after the applicant has completed all requirements for licensure set forth in Sections R156-55c-302a, R156-55c-302b and R156-55c-302c.

(3)[ An examinee who passes one section of the Utah Plumbers Licensing Examination and fails the other section shall be required to retake and pass only the section failed.

(4)](a) If an applicant fails one or more sections of the examination, the applicant shall retake [the]any section of the examination failed .

(b) An applicant may not retake any section of the examination [no] more than two [additional] times and shall wait[with] at least 25 days between [tests]retakes.

([5]c) If an applicant does not pass [the]any failed section of the examination upon the second retake or within six months of initially being approved to test, whichever occurs first, [as provided in Subsection (4),] the applicant's application shall be denied.

(4)(a) On or after December 31, 2010, if an applicant passes any section of the examination but does not pass the entire examination, the passing score on any section of the examination shall be valid for one year from the date the section of the examination was passed. Thereafter the applicant shall retake any previously passed section of the examination that is no longer valid to support any subsequent application for licensure.

(b) Prior to December 31, 2010, if an applicant passed any section of the examination but did not pass the entire examination, the applicant may use any previously passed section of the examination to pass the entire examination until December 31, 2011. Thereafter the applicant shall retake the entire examination.

 

R156-55c-302d. Qualifications for Licensure - Master Supervisory Experience and Education Requirements.

In accordance with Subsections 58-55-302(3)(a)(i)(A) and 58-55-302(3)(b)(i), the minimum supervisory experience qualifications for licensure as a master plumber and residential master plumber are established as follows:

(1) An applicant shall demonstrate successful completion of 4000 hours of supervisory experience that includes each of the following categories and minimum number of hours:

(a) supervising employees: 700 hours;

(b) supervising construction projects: 700 hours;

(c) cost/price management: 300 hours; and

(d) miscellaneous construction experience: 300 hours in any one or more of the following: accounting/financial principles, contract negotiations, conflict resolutions, marketing, human resources and government regulation pertaining to business and the construction trades.

(2) The following, or the substantial equivalent thereof, as determined by the Board in collaboration with the Commission, shall apply to the minimum supervisory experience qualifications established in Subsection (1):

(a) supervisory experience shall be obtained while licensed in the proper license classification as either a journeyman plumber or a residential journeyman plumber;

(b) supervisory experience shall be obtained as an employee of a licensed plumbing contractor, whose employer covers the applicant with workers compensation and unemployment insurances and deducts federal and state taxes from the applicant's compensation;

(c) all supervisory experience shall be under the [immediate]direct supervision of the applicant's employer[ as defined in Subsection 58-55-102(20)]; and

(d) no more than 2000 hours of experience may be earned during any 12-month period.

(3) An associate of applied science or similar or higher educational degree, in accordance with Subsection 58-55-302(3)(a)(i)(B), shall fulfill 2000 hours of the 4000 hour supervisory experience requirement. Such an applicant shall complete the remaining minimum 2000 hour supervisory experience listed above in Subsection R156-55c-302d(1).

(a) The degree shall be accredited by one of the following:

(i) Middle States Association of Colleges and Schools;

(ii) New England Association of Colleges and Schools;

(iii) North Central Association of Colleges and Schools;

(iv) Northwest Commission on Colleges and Universities;

(v) Southern Association of Colleges and Schools; or

(vi) Western Association of Schools and Colleges.

(b) The degree shall be in one of the following courses of study:

(i) accounting;

(ii) apprenticeship;

(iii) business management;

(iv) communications;

(v) computer systems and computer information systems;

(vi) construction management;

(vii) engineering;

(viii) environmental technology;

(ix) finance;

(x) human resources; or

(xi) marketing.

 

R156-55c-303b. Continuing Education - Standards.

(1) Required Hours. Pursuant to Sections 58-55-302.7 and 58-55-303, each licensee shall complete 12 hours of continuing education during each two year license term. A minimum of eight hours shall be core education. The remaining four hours may be professional education.

(2) "Core continuing education" is defined as education covering:

(a) International Building, Mechanical, Plumbing Codes and Utah building code amendments as adopted or proposed for adoption;

(b) the Americans with Disability Act;

(c) medical gas, National Fire Protection Association 13D and 54; and

(d) hydronics and waste water treatment.

(3) "Professional continuing education" is defined as education covering:

(a) energy conservation, management training, new technology, plan reading; and

(b) lien laws and Utah construction registry.

(4) Non-acceptable course subject matter includes the following types of courses and other similar courses:

(a) mechanical office and business skills, such as typing, speed reading, memory improvement and report writing;

(b) physical well-being or personal development, such as personal motivation, stress management, time management, or dress for success;

(c) presentations by a supplier or a supplier representative to promote a particular product or line of products; and

(d) meetings held in conjunction with the general business of the licensee or employer.

(5) The Division may:

(a) waive the continuing education requirements for a licensee that is an instructor of an approved education apprenticeship program; or

(b) waive or defer the continuing education requirements as provided in Section R156-1-308d.

(6) A continuing education course shall meet the following standards:

(a) Time. Each hour of continuing education course credit shall consist of at least 50 minutes of education in the form of seminars, lectures, conferences, training sessions or distance learning modules. The remaining ten minutes may be used for breaks.

(b) Provider. The course provider shall meet the requirements of this section and shall be one of the following:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association or organization involved in the construction trades; or

(iv) a commercial continuing education provider providing a program related to the plumbing trade.

(c) Content. The content of the course shall be relevant to the practice of the plumbing trade and consistent with the laws and rules of this state.

(d) Objectives. The learning objectives of the course shall be reasonably and clearly stated.

(e) Teaching Methods. The course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program.

(f) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training and experience.

(g) Distance learning. A course may be recognized for continuing education that is provided via internet or through home study courses provided the course verifies registration and participation in the course by means of a passing a test which demonstrates that the participant has learned the material presented. Test questions shall be randomized for each internet participant.

(h) Documentation. The course provider shall have a competent method of registration of individuals who actually completed the course, shall maintain records of attendance that are available for review by the Division and shall provide to individuals completing the course a certificate which contains the following information:

(i) the date of the course;

(ii) the name of the course provider;

(iii) the name of the instructor;

(iv) the course title;

(v) the hours of continuing education credit;

(vi) the attendee's name;

(vii) the attendee's license number; and

(viii) the signature of the course provider.

(7) On a random basis, the Division may assign monitors at no charge to attend a course for the purpose of evaluating the course and the instructor.

(8) Each licensee shall maintain adequate documentation as proof of compliance with this section, such as certificates of completion, course handouts and materials. The licensee shall retain this proof for a period of three years from the end of the renewal period for which the continuing education is due. Each licensee shall assure that the course provider has submitted the verification of attendance to the continuing education registry on behalf of the licensee as specified in Subsection (11). Alternatively, the licensee may submit the course for approval and pay any course approval fees and attendance recording fees.

(9) Licensees who lecture in approved continuing education courses shall receive two hours of continuing education for each hour spent lecturing. However, no lecturing or teaching credit is available for participation in a panel discussion.

(10) Licensees who obtain an initial license after March 31st of the renewal year shall not be required to meet the continuing education requirement for that renewal cycle.

(11) A course provider shall submit continuing education courses for approval to the continuing education registry and shall submit verification of attendance and completion on behalf of licensees attending and completing the program directly to the continuing education registry in the format required by the continuing education registry.

(12) The Division shall review continuing education courses which have been submitted through the continuing education registry and approve only those courses which meet the standards set forth under this section.

(13) Continuing Education Registry.

(a) The Division shall designate an entity to act as the Continuing Education Registry under this rule.

(b) The Continuing Education Registry, in consultation with the Division and the Commission, shall:

(i) through its internet site electronically receive applications from continuing education course providers and shall submit the application for course approval to the Division for review and approval of only those programs which meet the standards set forth under this section;

(ii) publish on its website listings of continuing education programs which have been approved by the Division, and which meet the standards for continuing education credit under this rule;

(iii) maintain accurate records of qualified continuing education approved;

(iv) maintain accurate records of verification of attendance and completion, by individual licensee, which the licensee may review for compliance with this rule; and

(v) make records of approved continuing education programs and attendance and completion available for audit by representatives of the Division.

(c) Fees. The Continuing Education Registry may charge a reasonable fee to continuing education providers or licensees for services provided for review and approval of continuing education programs.

 

R156-55c-304. Licensure by Endorsement.

In accordance with the provisions of Section 58-1-302, the [d]Division may issue an individual a license as an apprentice plumber, [residential apprentice plumber,] journeyman plumber, [or] residential journeyman plumber , master plumber or residential master plumber by endorsement, in accordance with the following:

(1) An applicant for licensure by endorsement as a journeyman plumber , [or] residential journeyman plumber , master plumber or residential master plumber has the burden to demonstrate that the apprenticeship instruction and training, or experience requirements in lieu of an apprenticeship, and the examination requirements of the state or jurisdiction in which the applicant holds licensure are equal to the requirement of this state or were equal to the requirements of this state at the time the applicant received licensure in the other state.

(2) An applicant for licensure as an apprentice [or apprentice residential] plumber who has completed part of apprenticeship training and instruction in another jurisdiction has the burden to demonstrate that the apprenticeship program in the other state is equivalent to an approved apprenticeship program in this state as a condition of the applicant being given credit for completion of an apprenticeship program in another state.

 

R156-55c-501. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) engaging in the plumbing trade as an apprentice plumber [or residential apprentice plumber] on a commercial or industrial project when not under the immediate supervision of a journeyman plumber;

(2) engaging in the plumbing trade as an apprentice plumber [or as a residential apprentice plumber] on a residential project when not under the immediate supervision of a residential journeyman or journeyman plumber, except as provided in Subsection 58-55-302(3)(e)(ii);

(3) engaging in the plumbing trade as an apprentice plumber except in accordance with instructions of the supervising plumber;

(4) acting as a journeyman plumber or residential journeyman plumber while supervising more than two apprentice plumbers;

(5) failure as a licensed plumber to carry a copy of his current plumber's license on his person or in close proximity to his person when performing plumbing work or to display that license upon request of a representative of the [d]Division or any law enforcement officer; and

(6) failure as a plumbing contractor to certify work experience and supervisory hours when requested by a plumber who is or has been an employee of the plumbing contractor.

 

R156-55c-601. Proof of Licensure.

Each apprentice, [residential apprentice,] residential journeyman, [and] journeyman plumber , residential master plumber and master plumber shall:

(1) carry on his person or in close proximity to his person his current license when he is engaged in the plumbing trade; and

(2) display his license to a representative of the [d]Division or any law enforcement officer upon request.

 

KEY: occupational licensing, licensing, plumbers, plumbing

Date of Enactment or Last Substantive Amendment: [December 8, 2009]2010

Notice of Continuation: November 8, 2006

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101