Current through Register Vol. 49, No. 9, September, 2024
SECTION
I
AUTHORITY
The following Amendment to the Arkansas State Plumbing Code 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 by Act 372 of 1957, Act 555 of 1963, Act of 1973, Act
902 of 1975, Act 816 of 1987, Acts 330 & 1293 of 1991, Acts 1217 of 2003,
248 of 2017, Act 426 of 2019, Act 820, 2019 and Act 1011 of 1991.
SECTION II
PURPOSE
The Board, by rule and after public hearing, may set reasonable
license or examination fee for all licenses called for under Act 200 of 1951 as
amended including, but not limited to Master Plumber Licenses, Journeyman
Plumber License, Apprentice Plumber License registration. It may, among other
things, issue restricted licenses and provided that the Board has adopted rules
defining restrictions in the type of work allowed, geographical area served,
and term of that type of restricted license. Restricted Plumber Licenses are
limited to gas fitter, and governmental maintenance, service line installation,
solar mechanic and hospital maintenance licenses provided that the licensee has
demonstrated competency for the particular phase of plumbing for which the
person is licensed including plumbing and/ or gas inspector
certification.
SECTION Ill.
DEFINITIONS
(a) The State Board
means the Arkansas Board of Health.
(b) The Department means the Plumbing and
Natural Gas Section of the Arkansas Department of Health.
(c) Administrative Authority means the
individual official, board, Department or agency established and authorized by
the state, county, city or other political subdivision to administer and
enforce the provisions of Act 200 of 1951 as adopted or amended.
(d) Journeyman Plumber means any person other
than a Master Plumber, who is engaged in the practical installation of
plumbing.
(e) Master Plumber means
any person skilled in the planning, superintending and the practical
installation of plumbing and who is familiar with the laws, and rules governing
the same.
(f) Restricted Plumber
means a person qualified to install building water or sewer lines or other
special phases of plumbing providing that such person has demonstrated
competency for that particular phase of plumbing.
(g) Gas Utility means a firm or corporation
engaged in the distribution of natural gas, manufactured gas and/or a mixture
of natural gas and manufacturing gas, delivered to the consumer through a
system of distribution piping.
(h)
Gas Utility Serviceperson means an employee of a gas utility specially trained
for gas service work with the utility.
(i) Apprentice Plumber means a person other
than a master, Journeyman, or Restricted license holder who is registered and
enrolled in the Apprentice Plumber training program outlined in Arkansas Code
Ann. 17-31-401 et seq.
(j) Backflow
testing and repair technicians means any person meeting all the applicable
certifications to test and/ or repair backflow devices.
(k) Substantially similar means an
occupational licensing entity of another state or political subdivision of that
state or territory, or district of the United States that has adopted a
national model plumbing and / or gas code and utilizes a comprehensive
examination created and proctored by a national examination agency or
equivalent.
SECTION IV.
APPLICATION / EXAMINATION FEES
(a) The application / examination fees for
Master, Restricted Supervisor Solar Mechanic, Restricted Residential
Maintenance, Restricted Governmental Maintenance, Restricted Supervisor
Hospital Maintenance, Restricted Water and Sewer Service Line Installation and
Restricted Supervisor Gas Fitter Plumbers shall be one hundred twenty-five
dollars ($125.00).
(b) The
application / examination fees for Journeyman, Restricted Gas Fitter,
Restricted Hospital Maintenance, and Restricted Solar Mechanic Plumbers shall
be seventy-five dollars ($75.00).
(c) The fees for additional examination due
to failure to appear without proper notification or pass any portion of the
test shall be fifty dollars ($50.00).
(d) All non-scheduled or oral examination
fees shall require an additional fifty dollars ($50.00) per
examination.
(e) All application /
examination fees must accompany the application when submitted.
SECTION V.
LICENSE
FEES
(a) The license fee for Master,
Restricted Supervisor Solar Mechanic, Restricted Residential Maintenance,
Restricted Water and Sewer Service Line Installation shall be two hundred
dollars ($200.00) annually.
(b) The
license fee for Restricted Supervisor Gas Fitter Plumbers shall be two hundred
dollars ($200.00) annually.
(c) The
license fee for Journeyman and Restricted Solar Mechanic Plumbers shall be
seventy-five dollars ($75.00) annually.
(d) The license fee for Restricted Gas Fitter
Plumber shall be seventy-five dollars ($75.00) annually.
(e) Registration fees for Apprentice,
Restricted Gas Fitter Trainee, Restricted Hospital Maintenance Trainee,
Restricted Solar Mechanic Trainee, and Plumbing or Gas Inspector shall be
twenty-five dollars ($25.00) annually.
(f) The license fee for a Restricted
Governmental Maintenance Plumbers License and Restricted Supervisor Hospital
Maintenance Plumbers License shall be one hundred dollars ($100.00)
annually.
(g) The license fee for a
Restricted Hospital Maintenance Plumbers License shall be thirty seven dollars
and fifty cents ($37.50) annually.
(h) The license fee for a Gas Utility
Serviceperson shall be twenty-five dollars ($25.00) and the fee for Restricted
Gas Utility License shall be two hundred dollars ($200.00) annually.
SECTION VI.
QUALIFICATIONS
FOR INITIAL LICENSURE FEES WAIVER
(a)
Pursuant to Act 725 of 2021, an applicant may receive a waiver of the initial
licensure fee, if eligible. Eligible applicants are applicants who:
1) Are receiving assistance through the State
of Arkansas, or current state of residence equivalent, Medicaid Program, the
Supplemental Nutrition Assistance Program (SNAP), the Special Supplemental
Nutrition Program for Women, Infants, and Children (SSNP), the Temporary
Assistance for Needy Families Program (TEA), or the Lifeline Assistance Program
(LAP);
2) Were approved for
unemployment within the last twelve (12) months; or
3) Have an income that does not exceed two
hundred percent (200%) of the federal poverty income guidelines.
(b) Applicants shall provide
documentation showing their receipt of benefits from the appropriate State
Agency.
1) For Medicaid, SNAP, SSNP, TEA, or
LAP, documentation from the Arkansas Department of Human Services (DHS), or
current state of residence equivalent agency;
2) For unemployment benefits approval in the
last twelve (12) months, the Arkansas Department of Workforce Services, or
current state of residence equivalent agency; or
3) For proof of income, copies of all United
States Internal Revenue Service Forms indicating applicant's total personal
income for the most recent tax year e.g., "W2," "1099," etc.
(c) Applicants shall attest that
the documentation provided under (b) is a true and correct copy and fraudulent
or fraudulently obtained documentation shall be grounds for denial or
revocation of license.
SECTION
VII.
TERMS OF EXPIRATION AND RENEWAL
(a) Master, Journeyman and Apprentice
Plumbers licenses issued under the provisions of these rules shall expire
annually on December 31st. The license shall be renewed by February 1st. After
February 1st, a penalty of ($5.00) per month shall
be added.
(b) All Restricted
Plumbers Licenses issued under the provisions of these rules shall expire
annually on June 30th. The license shall be renewed by August 1st. After August
1st, a penalty of five dollars ($5.00) per month
shall be added.
(c) All Plumbing
and/or Gas Inspector's Certificates issued under the provisions of these rules
shall expire annually on June 30th. The license shall be renewed by August 1st.
After August 1st, a penalty of five dollars ($5.00)
per month shall be added.
(d) In no
case shall the Committee of Examiners issue more than one (1) type of license
per applicant as defined under Act 200 of 1951, as amended.
(e) All licenses shall be renewed annually
within thirty days after the expiration date of the license. The Department may
renew a license after the thirty-day period if there is sufficient reason for
not renewing in the time specified and after payment of penalties as prescribed
by the rules.
(f) The Department
may set a system of staggered expiration dates for all licenses issued by the
Department.
(g) The Department may
issue permits for less than (1) year. The cost of such permits shall be
determined based upon the number of months the permit is valid divided by
twelve (12) months multiplied by the amount of annual fee.
SECTION VIII.
DEFERMENT OF
LICENSE
(a) A Master or Journeyman
Plumber holding a current license may make application to the Department for
deferment of such license. The Department, upon receipt of such application,
may grant deferment of license. Deferments shall be made annually at a fee of
twenty dollars ($20.00) per year.
(b) The Department shall grant a deferment
without regular or reinstatement fees to members of the Armed Services or their
spouses in accordance with Section XVIII of these rules.
(c) The Department may grant a courtesy
deferment without regular or reinstatement fees to a Master or Journeyman
Plumber who becomes a legally appointed or employed as a Plumbing
Inspector.
SECTION IX.
REINSTATEMENT OF LICENSE
(a)
Reinstatement of Expired License.
A Master Plumber, Journeyman Plumber, Apprentice Plumber or
Restricted Plumber whose License has expired for non-payment of renewal fees
may make an application to the Department for reinstatement of license. The
application must be supported with an amended experience record covering all
experience subsequent to the date of the lapse. In no case shall the
reinstatement of the license require apprenticeship, education, or training as
a prerequisite for reinstatement except for an individual that was previously
licensed as an apprentice plumber wanting to reinstate an apprentice
license.
Upon receipt of the application and experience record, the
Department will determine whether to reinstate without examination or whether
to require an examination.
If reinstatement is granted, the applicant shall pay the
applicable reinstatement fee of three hundred twenty-five dollars ($325.00) for
Master Plumber License or one hundred fifty dollars ($150.00) for Journeyman
Plumber License, in addition to any back fees and penalties assessed under
Section XIII (13) of these Rules.
After a license has been delinquent for non-payment of fees for
over a period five (5) consecutive years, the application for reinstatement
must be supported with an amended experience record covering all experience
subsequent to the date of delinquency. Upon receipt of the application and
amended experience record, the Committee of Examiners will determine whether to
reinstate with or without examination.
(b) Reinstatement of Deferred License
A Master Plumber, Journeyman Plumber, Apprentice Plumber or
Restricted Plumber whose license has been deferred under Section VII of these
Rules may apply for reinstatement by applications to the Department. The
Department may reinstate such license without examination upon payment of the
current license fee and a reinstatement fee of twenty dollars ($20.00).
After a license has been deferred over a period of five
consecutive years, the application for reinstatement must be supported with an
amended experience record covering all experience subsequent to the date of
deferment. Upon receipt of the application and amended experience record, the
Committee of Examiners will determine whether to reinstate without examination
or whether to require an examination.
(c) Reinstatement of Revoked License
A Master Plumber, Journeyman Plumber, Apprentice Plumber or
Restricted Plumber whose license has been revoked may make application for a
new license one year after the date of revocation on an application form
furnished by the Department. Such application shall contain a statement of
intent to comply with all pertinent laws and rules.
The Committee of Examiners may issue a new license after the
applicant has passed the prescribed examination. Fees for such license shall be
the same as for a new license.
SECTION X.
TRANSFER OF MASTER PLUMBER
LICENSE TO JOURNEYMAN PLUMBER LICENSE.
(a) A Master Plumber may transfer a Master
Plumber License to that of a Journeyman Plumber License by application to the
Department and payment of twenty dollars ($20.00) transfer fee to cover
services connected with the transfer of a license.
(b) A Journeyman Plumber who has previously
held a Master Plumber License in this state may reinstate as a Master without
examination provided the applicant pay a twenty dollars ($20.00) transfer fee
plus the cost of a Master Plumber License.
If more than five (5) years have elapsed since the original
transfer from Master to Journeyman, the application for transfer must be
supported with an amended experience record covering all experience subsequent
to the date of transfer. Upon receipt of the application and amended experience
record, the Committee of Examiners shall determine whether to require an
examination. If an examination is required, the examination fee for a Master
Plumber License shall be charged.
SECTION XI.
RECIPROCAL LICENSING
(a) The State Committee of Plumbing
Examiners, as a means of facilitating interstate practice, may enter into
reciprocal agreements with other states regarding plumber licensing.
(b) An applicant applying for reciprocal
licensure shall meet the following requirements:
(1) The applicant shall hold a plumber's
license in another United States jurisdiction that are substantially similar to
an Arkansas plumbers' licensure requirements as established by these rules.
a. There are no minimum education
requirements for licensure:
(2) The applicant shall hold his or her
occupational licensure in good standing.
(3) The applicant shall not have had a
license revoked for an act of bad faith or a violation of laws, rule or
ethics:
(4) The applicant shall not
hold a suspended or probationary license in a United States
jurisdiction.
(5) The applicant
shall be sufficiently competent in the plumbing and natural gas
installations.
(c) The
Committee of Examiners shall apply the least restrictive requirements for an
applicant applying for reciprocal licensure unless it is required as a
condition of reciprocity with another United States jurisdiction:
(1) Examinations shall not be
required;
(2) Apprenticeship,
education, or training shall not be required as a prerequisite to licensure
except for an individual that was previously licensed as an apprentice plumber
wanting to reinstate an apprentice license.
(d) An applicant shall submit a completed
application, the required fee, and the documentation described below.
(1) As evidence that the applicant's license
from another jurisdiction is substantially similar to Arkansas, the applicant
shall submit the following information:
a.
Copy of plumber's license from the other jurisdiction(s); an
b. Completion of required forms from the
other jurisdiction(s) showing the candidates licensing status including
suspensions and revocations, types of examinations administered, and types of
plumbing and gas codes used. The Committee may use online or telecommunications
to other licensing jurisdiction for verification of information.
c. Candidates shall also be required to
submit the names of all states in which the candidates is either currently or
has been previously licensed in and confirmation that the license is in good
standing. The Committee has the authority to verify candidate licensing
information.
SECTION XII.
DELINQUENT LICENSES
FEES
(e) In special cases, where back
licenses fees have accumulated so as to work an extreme hardship on the
applicant, the Department may allow the applicant to pay on back license fees
on an installment plan. In no case may the current license fee be paid in this
manner. The payments of the back fees shall be made at the discretion of the
Department to fit the individual case. A license issued under such conditions
shall be revoked for non: payment of any part of the fees.
SECTION XIII.
MASTER, JOURNEYMAN AND
RESTRICTED PLUMBER QUALIFICATIONS
(a)
An applicant for the Master Plumber examination shall have a minimum of five
(5) years' experience and an applicant for Journeyman Plumber examination
licensing shall have a minimum of four (4) years' experience or its
equivalent.
(b) The State Committee
of Plumbing Examiners shall approve an applicant for Master or Journeyman or
Restricted Plumber examination provided that the applicant is currently
licensed as a Master or Journeyman Plumber or Restricted Plumber in another
state or political subdivision of that state or territory, or district of the
United States with which the Committee has no Reciprocation and whose plumbing
laws and codes are substantially similar to those of the state of Arkansas and:
1) Holds his or her occupational licensure in
good standing;
2) Has not had his
or her occupational licensure revoked for and an act of bad faith, a violation
of law, rule, or ethics and is not holding a suspended or probationary license
from any state, territory, or district of the United States;
3) Is sufficiently competent in his or her
field, and;
4) Pays the required
license fee.
In no case shall apprenticeship, education, or training be a
prerequisite or condition for licensure except for an individual that was
previously licensed as an apprentice plumber wanting to reinstate an apprentice
license.
(c) The
State Committee of Plumbing Examiners may approve an applicant under the
following conditions for Master or Journeyman or Restricted Plumber examination
that is not currently licensed in another state or its political subdivision or
territory, or district of the United States and who has no plumber licensing
background, provided the applicant shows proof of experience as a plumber.
1) Is sufficiently competent in his or her
field, and;
2) Pays the required
license fee.
The Committee shall use the least restrictive requirements by
allowing the licensing candidate to show proof experience in the form of
records, affidavits, or bona fide evidence from current or former employers, or
persons who can attest to the applicant's work background as a plumber.
(d) The State Committee
of Examiners shall consider an Apprentice Plumber for the Journeyman Plumber
examination provided the Apprentice Plumber has successfully completed the
training as defined under the Arkansas plumber apprenticeship rules of
apprenticeship as required in A.C.A. §
17-38-409.
(e) The State Committee of Plumbing Examiners
may consider applicants for Master Plumber examination who are professional
engineers with special expertise in plumbing engineering.
(f) Individuals applying for and obtaining a
Journeyman Plumber licensing must hold that license for one (1) full year
before becoming eligible for the Master Plumber examination, in cases of
extreme hardship, the State Committee of Plumbing Examiners may waive the one
(1) year requirement in whole or in part.
(g) Prohibiting Criminal Offenses
1) An individual is not eligible to receive
or hold a license issued by the Board if that individual has pleaded guilty or
nolo contendere to or been found guilty of any of the offenses detailed in Ark.
Code Ann. §
17-3-102 et. seq. By any court in
the State of Arkansas or of any similar offense by a court in another state or
of any similar offense by a federal court, unless the conviction was lawfully
sealed under the Comprehensive Criminal Record Sealing Act of 2013 §
16-90-1401 et. seq. or otherwise
sealed pardoned or expunged under prior law.
2) The Board may grant a waiver as authorized
by Ark. Code Ann. §
17-3-102 in certain circumstances.
The Board is not authorized to conduct criminal background
checks but may inquire about criminal convictions upon application or renewal
of a license. Any applicant or licensee which provides false information to the
Board regarding a criminal conviction may be subject to suspension, revocation
or denial of a license.
(h)
Pre-Licensure Prohibiting Offense
Determination1) Pursuant to Act 990 of
2019, an individual may petition for a pre-licensure determination of whether
the individual's criminal record will disqualify the individual from licensure
and whether a waiver may be obtained.
2) The individual must obtain the
pre-licensure criminal background check petition form from the Board.
3) The Board will respond with a decision in
writing to a completed petition within a reasonable time.
4) The Board response will state the
reason(s) for the decision.
5) All
decisions of the Board in response to the petition will be determined by the
information provided by the individual.
6) Any decision made by the Board in response
to a pre-licensure criminal background check petition is not subject to
appeal.
7) The Board will retain a
copy of the petition and response and it will be reviewed during the formal
application process.
SECTION
XIV.
CORRECTION OF VIOLATIONS
(a) An applicant applying for any license, or
reinstatement of license, under any condition, shall submit satisfactory
evidence, when required, that said applicant has not violated any provisions of
Act 200 of 1951 as amended. Where such violations have existed, the Department
may require all back license fees and penalties to be paid and all violations
correct ed.
SECTION XV.
INSPECTION FEES
(a) The
Department shall charge fees for inspections authorized under Act 200 of 1951
as amended. The inspection fees shall be as follows:
(1) Each inspection ................
$25.00
(2) Each additional
inspection caused by the negligence of the Supervisor license
holder................................ $35.00
(b) The Department shall not charge an
inspection fee to investigate consumer complaints and/or to assist the local
Administrative Authority having jurisdiction over an inspection unless the
Department is acting in place of said Administrative Authority.
SECTION XVI.
PLUMBING and
GAS CODE
(a) The Department may prepare
and cause to be printed such codes, bulletins, or other documents for those
engaged in the business and to the public upon request.
(b) The Department may post online read only
copies of the Plumbing and Gas Code. Any additional hardcopies or electronic
copies of the codes and/or amended versions of existing codes may be obtained
from the publisher and may require fees.
SECTION XVII.
REVOCATION OF
LICENSE
(a) The Committee of Examiners
may on its own motion make investigation and conduct hearing and may on its own
motion or upon complaint in writing duly signed and verified by the
complainant, suspend or revoke any license called for in this rule if it has
reason to believe that the holder of such license has violated any provisions
of these rules or order prescribed by the Board or has demonstrated
incompetency to act as a license holder as called for in this rule.
(b) The use of a Master, Journeyman or
Restricted Plumber's 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 Act.
SECTION
XVIII.
TEMPORARY PERMITS/ PROVISIONAL LICENSING
When requested, the Department shall immediately issue
temporary revocable permits or revocable provisional licensing to all plumber
applicants upon receipt of the application provided the Committee of Examiners
has approved the eligibility of the applicant for the plumber examination under
the following conditions:
(a) The
temporary permits or provisional licensing shall be granted for ninety (90)
days unless the Committee determines the candidate for licensing does not meet
the criteria as noted in Section X (Reciprocity) of these rules in which case
the temporary permit or provisional licensing shall be revoked. The Committee
may extend temporary permit or provisional licensing to exceed ninety (90) days
if a hardship status is determined by the Committee for the
applicant;
(b) Candidates for
temporary permits or provisional licensing shall be required to attend the
scheduled examinations unless officially excused or forfeit temporary permit or
provisional licensing;
(c) At the
end of the 90 days period, a plumber apprentice shall be required to follow the
rules of apprenticeship as required in A.C.A. §
17-38-409;
(d) The candidate holds his or her
occupational licensure in good standing;
(e) The candidate has not had his or her
occupational licensure revoked for an act of bad faith, a violation of law,
rule, or ethics and is not holding a suspended or probationary from any state,
territory, or district of the United States;
(f) Is sufficiently competent in his or her
field, and;
(g) Pays the required
license fee.
SECTION X IX.
Uniform Service Members Licensure
1.
Definitions(a) "Automatic licensure"
means granting the occupational licensure without an individual having met
occupational licensure requirements provided under the Arkansas Code or by
other provisions in these Rules.
(b) "Uniformed service member" means an
active or reserve component member of the United States Air Force, United
States Army, United States Coast Guard, United States Marine Corps, United
States Navy, United States Space Force, or National Guard; an active component
member of the National Oceanic and Atmospheric Administration Commissioned
Officer Corps; or an active or reserve component member of the United States
Commissioned Corps of the Public Health Service.
(c) "Uniformed service veteran" means a
former member of the United States uniformed services discharged under
conditions other than dishonorable.
2.
Applicability
This Rule applies to a:
(1) uniformed service member stationed in the
State of Arkansas;
(2) uniformed
service veteran who resides in or establishes residency in the State of
Arkansas;
(3) The spouse of (1) or
(2) including a:
(a) uniformed service member
who is assigned a tour of duty that excludes the spouse from accompanying the
uniformed service member and the spouse relocates to Arkansas;
(b) uniformed service member who is killed or
succumb to his or her injuries or illness in the line of duty if the spouse
establishes residency in Arkansas.
3.
Automatic Licensure
Automatic Licensure shall be granted to persons listed in
section 2 if:
(a) The person is a
holder in good standing of occupational licensure with similar scope of
practice issued by another state, territory, or district of the United States
and;
(b) The person pays the
applicable licensure fee in SECTION V LICENSE FEES unless eligible for fee
exemption through Act 725 of 2021.
4.
Credit toward initial
licensure
Relevant and applicable uniformed service education, training,
or service-issued credential shall be accepted toward initial licensure for a
uniformed service member or a uniformed service veteran who makes an
application within one (1) year of his or her discharge from uniformed
service.
5.
Expiration
Dates and Continuing Education
(a) A
license expiration date shall be extended for a deployed uniformed service
member or spouse for one hundred eighty (180) days following the date of the
uniformed service member's return from deployment.
(b) A uniformed service member or spouse
shall be exempt from any applicable continuing education or recertification
requirements for backflow testing and repair technicians and plumbing and gas
inspectors for one hundred eighty (180) days following the date of the
uniformed service member's return from deployment.
(c) Any uniformed service member or spouse
exercising the exemption shall provide evidence of completion of any applicable
continuing education with in the one hundred eighty (180) days following the
date of the uniformed service member's return from
deployment.
SECTION
XX.
HEARINGS
In the case of each final order issued by the Department, any
affected party may, within thirty (30) days of such order, submit a written
request for 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 XXI.
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 provision hereto are declared
to be severable.
SECTION
XXII.
REPEAL
All rules and parts of rules in conflict herewith are hereby
repealed.
SECTION XXIII.
CERTIFICATION
This will certify that the foregoing Rules Pertaining to
Plumbers License Fee, Expiration, Renewal, Journeyman Plumber, Master Plumber
and Restricted Plumber Qualifications were adopted by the Arkansas Board of
Health on the 28th of October, 2021.
