Current through Register Vol. 49, No. 9, September, 2024
SECTION I.
AUTHORITY
The following rule is duly adopted and promulgated by the
Arkansas State Board of Health pursuant to the Authority expressly conferred by
the laws of the State of Arkansas in Act 200 of 1951 as amended and Act 96 of
1913 as amended. The Department may exercise such powers as are reasonably
necessary to carry out the provisions of Act 200 of 1951 as amended. It may,
among other things, issue restricted licenses limited to gas fitter,
residential and governmental maintenance, service line installation, solar
mechanic and hospital maintenance licenses providing that the licensee has
demonstrated competency for the particular phase of plumbing for which the
person is licensed and providing that the Board has adopted rules defining
restrictions and the type of work allowed, geographical area served, and term
of that type of restricted license.
SECTION II.
PURPOSE
(a) No person shall engage in work as a
Master Plumber, Journeyman Plumber, Apprentice Plumber or restricted license
holder called for under Act 200 of 1951 as amended unless first licensed or
registered to do so by the Department of Health.
SECTION III.
DEFINITIONS
(a) The State Board means the Arkansas State
Board of Health.
(b) The Department
means the Plumbing and Natural Gas Section of the Arkansas Department of
Health.
(c) Gas Utility means a
person, firm or corporation engaged in the distribution of natural gas,
manufactured has and/or a mixture of natural gas and manufactured gas,
delivered to the consumer through a system of distribution piping.
(d) Supervisor Gas Fitter means a person
trained and skilled in the Supervision of gas fitting and gas piping,
appliances, fixtures, devices and appurtenances in connection with
gas.
(e) Gas Fitter means a person
trained and skilled in the practical installation of gas piping, appliances,
fixtures, devices and appurtenances.
(f) Gas Fitter Trainee means a person working
with licensed Gas Fitters to achieve experience and knowledge so that the
trainee may advance to a Gas Fitter status. Gas Fitter Trainees shall register
with the Department in order to record the training and experience gained under
Supervisor Gas Fitter.
(g) Arkansas
State Gas Code means those rules governing the installation of piping,
fixtures, appliances, devices and appurtenances in connection with gas
installations, specifically Chapter Fifteen (15) of the Arkansas State Plumbing
Code. These rules are published separately as the Arkansas State Gas Code as a
convenience for the gas industry not needing the complete Arkansas State
Plumbing Code.
(h) Restricted area
means any specific location in the state, small towns and/or rural water,
sewer, gas improvement district or utility company.
(i) Gas Utility License means a license for
all gas utilities having gas servicepersons.
SECTION IV.
RESTRICTIONS
(a) Persons holding a Restricted Gas Fitter
Plumber's License for the particular phase of gas fitting shall not perform any
plumbing service other than the restricted phase for which he is
licensed.
(b) Persons holding a
Restricted Gas Fitters Plumber's License shall not be eligible to use
experience gained under such license to obtained credit toward other forms of
licenses issued by the Department.
(c) Persons holding a Restricted Gas Fitter
Plumber's License shall not transfer a license from one phase of plumbing to
any other phase or move from one area of restriction to another without first
submitting a new application to the Department.
(d) The Gas Utility License shall cover all
of the utility's gas serviceperson for installation and service by the utility,
providing that the utility requires each such serviceperson be specially
trained for such service. The Utility shall be responsible to the Department
for each serviceperson and shall provide an identification card showing the
utility license name, utility license number and the restricted service of the
serviceperson. The Utility shall register each serviceperson and their serial
numbers with the Department. Such servicepersons are expressly not eligible for
any gas work or service for other than the utility and in the name of the
utility.
SECTION V.
QUALIFICATIONS
(a) An applicant
for a Restricted Gas Fitter Plumber's License and Gas Utility License shall
show proof that he is qualified to perform the phase of plumbing for which he
is requesting.
(b) An application
for a Supervisor Gas Fitter Plumber's License shall have a minimum experience
of one (1) full year as a licensed Gas Fitter and shall successfully pass the
examination prescribed.
(c) An
applicant for Gas Fitter Plumber's License shall have served two (2) years as a
Registered Gas Fitter Trainee and shall successfully pass the examination
prescribed.
(d) An applicant for
Gas Fitter Trainee shall have a general aptitude for training and shall
complete an agreement with an employer and Supervisor Gas Fitter for a two (2)
years training period.
SECTION
VI.
APPLICATIONS AND EXAMINATIONS
(a) Information for a Restricted Gas Fitter
Plumber's License shall be on an application form showing the education
experience and background of the applicant.
(b) The application form of a Restricted Gas
Fitter Plumber's License shall have a space to show the restriction requested
and the restriction shall be indicated before consideration by the Committee of
Examiners.
(c) All Gas Fitter and
Supervisor Gas Fitter applicants shall be examined by the Department to
determine competency to perform as a Restricted Gas Fitter Plumber and on the
rule that may affect their operation.
(d) All Gas Fitter and Supervisor Gas Fitter
applicants shall be examined on the basis of competency of the restricted phase
of plumbing he may be performing and on laws, rules and rules that may affect
their operation.
(e) Gas Utility
Serviceperson license application is made by the gas utility. The gas utility
submits the name, date of birth and social security number of the licensee. The
utility is responsible for the licensee's training, supervision, and renewals.
The utility shall notify the Department when the serviceperson's employment
status changes as such to require license cancelation.
(f) Gas Utility Serviceperson licenses are
not transferable.
SECTION
VII.
TERMS OF LICENSE AND RENEWALS
(a) Holders of Restricted Gas Fitter Plumber
Licenses issued under the provision of this rule may apply for renewal annually
within thirty (30) days after the expiration date of the license. The
Department may renew a license after the thirty (30) day period providing there
is sufficient reason for not renewing such license in the time specified and
upon payment of penalties as prescribed by the rule.
SECTION VIII.
REVOCATION OF
LICENSE
(a) The Committee of Examiners
may on its own motion or upon a complaint in writing duly signed and verified
by the complainant, suspend or revoke any Restricted Gas Fitter Plumber's
License or Gas Utility License if it has reason to believe that the holder of
such license has violated any provision of these rules, any rule or order
prescribed by the Board or has demonstrated incompetency to act as a Restricted
Gas Fitter Plumber.
(b) The use a
Restricted Gas Fitter Plumber's License or Gas Utility License to do plumbing
other than permitted by the license shall be grounds for automatic suspension
and/or revocation of such license by the Committee of Examiners providing the
licensee is duly notified within thirty (30) days of the violation and pending
a full hearing under the Administrative Procedures Regulation of the Arkansas
Department of Health.
SECTION
IX.
HEARINGS
In the case of each final order issued by the Department, any
affected party may within 30 days of such order submit a written request for a
hearing to the Director of the Department.
NOTICE:
All hearings will be scheduled within a reasonable time and
held after reasonable notice has been provided to all known affected
parties.
SECTION X.
SEVERABILITY
If any provision of these Rules, or the application thereof to
any person is held invalid, such invalidity shall not affect other provisions
or application of these Rules which can give effect without the invalid
provisions of applications, and to this end the provisions hereto are declared
to be severable.
SECTION XI.
REPEAL
All Rules and parts of Rules in conflict herewith are hereby
repealed.
SECTION XII.
CERTIFICATION
This will certify that the foregoing Rules Pertaining to
Restricted Plumbers License Gas Fitter and Gas Utility were adopted by the
Arkansas Board of Health on the 28th of October, 2021.
