Current through Register Vol. 49, No. 9, September, 2024
SECTION I.
AUTHORITY
The following regulation 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 regulations
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) Supervising 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
Supervising Gas Fitter.
(g)
Arkansas State Gas Code means those regulations 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 regulations 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 servicemen.
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 serviceman for installation and service by the utility,
providing that the utility requires each such serviceman be specially trained
for such service. The Utility shall be responsible to the Department for each
serviceman and shall provide an identification card showing the utility license
name, utility license number and the restricted service of the serviceman. The
Utility shall register each serviceman and his serial numbers with the
Department. Such servicemen 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 Supervising 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 Supervising 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 applicants shall
be examined by the Department to determine competency to perform as a
Restricted Gas Fitter Plumber and on the regulation that may affect his
operation.
(d) All applicants shall
be examined on the basis of competency of the restricted phase of plumbing he
may be performing and on laws, rules and regulations that may affect his
operation.
SECTION VII.
TERMS OF LICENSE AND RENEWALS
(a) Holders of Restricted Gas Fitter Plumber
Licenses issued under the provision of this regulation 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 regulation.
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 regulations, 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.
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 Regulations, or the application thereof
to any person is held invalid, such invalidity shall not affect other
provisions or application of these Regulations 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 Regulations and parts of Regulations in conflict herewith are
hereby repealed.
