Current through Register Vol. 49, No. 2,
February 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 thong 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 in 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 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. Restricted Water and
Sewer Service Line Installation means a person that has met the qualification
for a plumbing license to install potable water and/or sanitary sewer lines and
has successfully passed the examination for such license in this
State.
d. Restricted Phase of
plumbing means potable water and/or sewer service lines installation from the
point of public connection or meter and point of public disposal respectively
to a point within three (3) to five (5) feet of the building.
e. Administrative Authority means the
individual official, board, department or agency established and authorized by
the state, county, city or political subdivision to administer and enforce the
provisions of Act 200 as adopted or amended.
f. Restricted area means any specific water
and/or sewer utility system in the State currently extending or renovating
service into a major service area.
SECTION IV.
RESTRICTIONS
a. Persons holding a Restricted Water and
Sewer Service Line Installation Plumbers License for the particular phase of
potable water and sanitary sewer service lines shall not perform any plumbing
service other than the restricted phase for which his is licensed.
b. Persons holding a Restricted Water and
Sewer Service Line Installation Plumber's License shall not be eligible to use
experience gained under such license to obtain credit toward other forms of
licenses issued by the Department.
c. Persons holding a Restricted Water and
Sewer Service Line Installation 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 Water and Sewer Line Installation Plumber's License shall
produce evidence of his training and experience in the phase of plumbing for
which he is requesting a license.
b. Applicants for a Restricted Water and
Sewer Line Installation Plumber shall be responsible for providing
documentation to the Department, substantiating the insufficient amount of
licensed Master Plumbers to perform service line installation in a reasonable
and timely manner.
SECTION
VI.
APPLICATIONS AND EXAMINATIONS
a. Information for a Restricted Water and
Sewer Service Line Installation Plumber's License shall be on an application
form showing the educational experience and background of the
applicant.
b. The application form
for a Restricted Water and Sewer Service Line Installation 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 Water and Sewer Service Line Installation Plumber and on the
regulations that may affect his operation.
SECTION VII.
TERMS OF LICENSE AND
RENEWALS
a. Holders of Restricted
Water and Sewer Line Installation Plumber's License issued under the provisions
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 a sufficient reason for not
renewing such license in the time specified and upon payment of penalties as
prescribed by regulation.
b. All
Restricted Water and Sewer Service Line Installation Plumber's Licenses shall
be reviewed annually by the Department to determine if all restrictions have me
all of the provisions of these regulations. It shall be the responsibility of
the license holder to provide supporting documentation to assist the Committee
of Examiners in approving renewals. All documentation shall be submitted to the
Department no later than thirty (30) days prior to annual renewal.
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 Water and Sewer Service
Line Installation Plumber's License if it has reason to believe that the holder
of such license has violated any provisions of these regulation, any rule for
order prescribed by the Board or has demonstrated incompetency to act as a
Restricted Water and Sewer Service Line Installation Plumber.
b. The use of a Restricted Water and Sewer
Service Line Installation Plumbers 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 in
accordance with 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 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 provisions hereto
are declared to be severable.
SECTION
XI.
REPEAL
All Regulations and parts of Regulations in conflict herewith are
hereby repealed.
