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 Act 200 of 1951 as amended. It may, among
other things, issued Restricted Licenses limited to gas fitter, residential and
governmental maintenance, service line installation, solar mechanic and
hospital maintenance licenses providing that the licenses 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 in the type 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 1951 as amended unless first licensed or registered to
do so by the Department of health.
SECTION III.
DEFINITIONS
a. The State Board of Health means the
Arkansas State 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 1951 as adopted
or amended.
d. Governmental
Maintenance Plumbing phase means the maintenance and repair of all piping,
fixtures, appliances and appurtenances in connection with the water supply,
consumer's gas piping and sanitary drainage systems of government housing,
state building, and educational institutions in the state.
e. Restricted area means any specific
governmental housing, state building or educational institutions in the
state.
SECTION IV.
RESTRICTIONS
a. Persons holding a
Restricted Governmental Maintenance Plumber's License for the particular phase
of Governmental Maintenance plumbing shall not perform any plumbing service
other than the restricted phase for which he is licensed.
b. Persons holding a Restricted Governmental
Maintenance Plumber's License shall not be eligible to use experience gained
under such license to obtain credit toward forms of licenses issued by the
Department.
c. Persons holding a
Restricted Governmental Maintenance Plumber's License shall not transfer a
license from one phase of plumbing to any other phase or move from one
restricted area to another without first resubmitting a new application to the
Department.
SECTION V.
QUALIFICATIONS
a. The applicant
for a Restricted Governmental Maintenance Plumber's License shall produce
evidence of his training and experience in the phase of plumbing for which he
is requesting a license.
SECTION
VI.
APPLICATIONS AND EXAMINATIONS
a. Information for a Restricted Governmental
Maintenance Plumbers License shall be on an application form showing the
educational experience and background of the applicant.
b. The application form for a Restricted
Governmental Maintenance Plumber's License shall have a space to show the
restrictions requested and the restrictions 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 Governmental
Maintenance Plumber and on the regulations that may affect his
operation.
SECTION VII.
TERMS OF LICENSE AND RENEWALS
a.
Holders of Restricted Governmental Maintenance Plumber's 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 Governmental Maintenance
Plumber License if it has reason to believe that the holder of such license has
violated any provisions of these regulations, any rule or order prescribed by
the Board or has demonstrated incompetency to act as a Restricted Governmental
Maintenance Plumber.
b. The use of
a Restricted Governmental Maintenance 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 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 thirty (30) days of such order submit a written
request for a hearing to the Director of the Department. NOTICE:
All hearing 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 applications of these regulations which can give effect without
the invalid provisions of applications, and to this end the provision hereto
are declared to be severable.
SECTION
XI.
REPEAL
All Regulations and parts of Regulations in conflict herewith are
hereby repealed.