Current through Register Vol. 49, No. 2, February 2024
SECTION
I.
AUTHORITY
The following regulations are duly adopted and promulgated by the
Arkansas State Board of Vocational Education pursuant to the authority
expressly conferred by the laws of the State of Arkansas in ACT 200 of 1951 as
amended, ACT 96 of 1913 as amended and ACT 412 of 1991 as amended. The Division
may exercise such powers as are reasonably necessary to carry out the
provisions of ACT 200 of 1951 as amended, ACT 96 of 1913 as amended ACT 768 of
1987 and ACT 412 of 1991 as amended.
SECTION II.
PURPOSE
The purpose of these rules and regulations is to transfer the authority
of the Apprentice Plumber Program from the Arkansas Department of Health to the
Arkansas Department of Education, Vocational and Technical Education Division.
The content of these rules and regulations are basically the same as those
rules and regulations pursuant to Act 768 of 1987.
SECTION III.
DEFINITIONS
(a) The Board means the Arkansas State Board
of Vocational Education.
(b) The
Department means the State Department of Education.
(c) The Division means Vocational and
Technical Education Division.
(d)
Committee of Examiners means people designated by the Board of Health to
determine the eligibility of applications for various types of plumbing and gas
licenses in accordance with ACT 200 of 1951 as amended.
(e) Employer means any Master Plumber
representing himself or a company who signs an Apprenticeship agreement to
abide by these regulations of Apprenticeship.
(f) Apprentice Plumber means a person other
than a Master or Journeyman Plumber as provided in these regulations of
Apprenticeship at least sixteen (16) years of age and covered by the required
Apprenticeship agreements.
(g)
Apprenticeship Agreement means a written agreement as provided by the Bureau of
Apprenticeship and Training (BAT) and the Department of Health/Plumbing and
Natural Gas Section signed by the Apprentice and (if the Apprentice is a minor)
the parent or guardian, the Local Apprenticeship Committee and the
participating company.
(h) BAT
means the United States Department of Labor, Bureau of Apprenticeship and
Training.
(i) State Apprenticeship
Committee means people designated by the Board of Vocational Education to
assist in carrying out the provisions of ACT 412 of 1991 as amended.
(j) Local Apprenticeship Committee means a
group composed of Master and/or Journeyman Plumbers who are licensed as
prescribed by law, plus one person who shall be appointed from the State
Department of Education by the State Apprenticeship Committee chosen to carry
out the provision of ACT 412 of 1991 as amended.
(k) Master Plumber means any person licensed
as prescribed by law skilled in the planning, superintending and the practical
installation of plumbing and familiar with the laws, rules and regulations
governing the same.
(I) Journeyman
Plumber means any person licensed as prescribed by law, other than a Master
Plumber, who is engaged in the practical installation of plumbing.
(m) Local Plumbing Inspector means the
individual authorized by the Department of Health to enforce the provisions of
ACT 200 of 1951 as amended and ACT 412 of 1991 as amended.
(n) Laborer means any.person engaged in
trenching, transporting supplies, demolition, etc., whose primary function is
physical in nature.
(o) Credit time
means previous work experience under the supervision of a Master Plumber in the
plumbing trade equivalent to the educational requirements set forth by these
regulations.
SECTION IV.
QUALIFICATIONS
(a) The applicant
for Apprentice Plumber shall have the ability and aptitude to master the skills
of the plumbing trade.
(b) The
applicant shall be in such physical condition to perform the work of the
plumbing trade. An applicant shall not be considered if there is a disability
sufficient to impair the safety of himself or the safety of others on the job.
The State and/or Local Apprenticeship Committees may require a statement by a
licensed physician stating that the applicant is physically able to perform the
duties of the trade if all other requirements have been met.
(c) The applicant should and is encouraged to
have the minimum of a high school education, G.E.D. certificate or should be in
the process of obtaining a high school education or G.E.D. certificate.
Transcripts of education shall be provided before consideration by the Local
Apprenticeship Committee.
SECTION
V.
APPLICATIONS AND TERMS OF APPRENTICESHIP
REGISTRATION
(a) No person shall engage
in work as an Apprentice Plumber as defined in ACT 412 of 1991 as amended
unless first registered to do so by the Department of Health, Plumbing and
Natural Gas Division and the Bureau of Apprenticeship and Training.
(b) Information for Apprentice Plumber
registration shall be on an application form supplied by the Department of
Health and the application form shall be filled out completely before
consideration by the Department of Health and the Bureau of Apprenticeship and
Training.
(c) To establish a record
of Apprenticeship, every Apprentice plumber shall within thirty (30) days after
registration with the Local Apprenticeship Committee be registered with the
Department of Health and the Bureau of Apprenticeship and Training. It is the
responsibility of the Master Plumber to require Apprentices to register with
the Local Apprenticeship Committee. The Committee of Examiners may place a
reprimand on a Master Plumber's licenses for working an Apprentice for over
thirty (30) days without being so registered. In the absence of an established
Local Apprenticeship Committee an Apprentice shall register directly with the
State Apprenticeship Committee.
(d)
All holders of an Apprentice registration issued under the provisions of this
regulation may apply for renewal annually within thirty (30) days after the
expiration date of the registration. The Department of Health may not renew a
registration after the thirty (30) day period providing there is sufficient
reason for not renewing such registration in the time specified and upon
payment of penalties as prescribed by regulations.
(e) The applicant may request credit time for
previous experience. The applicant must submit a request at the time of
application and within a sixty (60) day period of time from the date of
application furnish records, affidavits, or bona fide evidence as may be
required to substantiate the requested time. This time shall be evaluated by
the Local Apprenticeship Committee if in existence. In the absence of the Local
Committee, credit time shall be evaluated and may be granted by the State
Apprenticeship Committee. The applicant may be required to take an examination
to determine credit time requested.
(f) The term of Apprenticeship shall be a
minimum of four (4) years or equal consisting of eight (8) periods of
one-thousand (1,000) hours of practical work experience and eight (8) periods
of (80) hours each running concurrently, of related classroom instruction in
technical and supplemental subjects related to the trade.
(g) Unless officially excused by the
Department of Health, each Apprentice upon completion of Apprenticeship shall
be required to make application with the Department of Health for Journeyman
Plumber examination within sixty (60) days.
SECTION VI.
REVOCATION OF
REGISTRATION
(a) The Committee of
Examiners may on its own motion make investigations and conduct hearings or
upon a complaint in writing duly signed and verified by the complainant,
suspend or revoke any Apprentice Plumber registration if it has reason to
believe that the holder of such registration has violated any provision of
these regulations, any rule or order prescribed by the Board or has
demonstrated incompetency to act as an Apprentice Plumber.
(b) The use of an Apprentice Plumber's
registration to do plumbing other than permitted by the registration shall be
grounds for automatic suspension and/or revocation of such registration by the
Committee of Examiners providing the registrant 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.
(c) All action of the Committee of Examiners
can be appealed to the Board of Health pursuant to the established
Administrative Procedures and Regulation of the Arkansas Department of
Health.
SECTION VII.
RATIO OF APPRENTICES TO MASTER AND JOURNEYMAN
The following maximum ratio amounts of Master and Journeyman Plumbers
to Apprentice Plumbers shall be allowed on each and every job.
(a) Master
Plumber___________________________One (1) Apprentice
(b) Master and One (1)
Journeyman_____________Two (2) Apprentices
(c) Master and Two (2)
Journeymen_____________Three (3) Apprentices
(d) Master and Four (4)
Journeymen_____________Four (4) Apprentices
(e) A Master that employs more than four (4)
Journeymen may have a ratio of one (1) Journeyman to one (1) Apprentice
thereafter.
SECTION
VIII.
PROBATIONARY PERIOD
Apprentices shall be subject to a probationary period not to exceed one
thousand hours (one period). During this probationary period, the
Apprenticeship Committee or Employer may request annulment of the
Apprenticeship without the formality of a hearing. Credit time may be granted
for time served under the probationary period.
SECTION IX.
HOURS OF WORK AND
CONDITIONS AND SAFETY
The hours of work and working conditions for Apprentices shall be the
same as for Journeyman. The employer shall instruct the Apprentice in safe and
healthful work practices and shall insure that the Apprentice is trained in
facilities and other environments that are in compliance with either and
occupational safety and health standards promulgated by the Secretary of Labor
under Public Law 91-596, dated December 29,1970, or state standards that have
been found to be equal or exceeding the federal standards.
SECTION X.
RELATED CLASSROOM
INSTRUCTION
The Apprentice's shall enroll and attend classes in related subjects at
a school or other shop training facility approved by the State Apprenticeship
Committee for not less than 160 hours per year. The Apprentices shall also take
advantage of provided instruction in recognized Apprentice classes during
periods of temporary unemployment. School attendance in all cases shall be
obligatory; failure to attend these classes in related instructions may cause
the Apprentice to be disciplined or his Apprenticeship Agreement annulled.
Apprentices are to attend school on their own time, and such school attendance
shall not be considered as hours worked. The Local Apprenticeship Committee
shall not recognize any apprentice with whom they have not signed an
Apprenticeship agreement or who is not registered with the Department of Health
and the Bureau of Apprenticeship and Training.
SECTION XI.
CONTINUITY OF
EMPLOYMENT
(a) The Master Plumber who
sponsors the Apprentice, is obligated to actually employ the Apprentice, and
shall use every effort to keep the Apprentice employed in a reasonably
continuous manner and adequately instructed on the job.
(b) It shall be the duty of the Master
Plumber who is responsible for the registration of an Apprentice to notify in
writing the Local Apprenticeship Committee when an Apprentice is no longer
employed.
SECTION XII.
APPRENTICESHIP AGREEMENT
The Apprentice, and if a minor, parent or guardian, shall be required
to sign an Apprenticeship agreement with the Department of Health and the
Bureau of Apprenticeship and Training, which shall also be signed by an
employer and by the Local Apprenticeship Committee.
SECTION XIII.
PROCEDURES FOR
DISCIPLINARY ACTION
(a) An Apprentice
shall make every effort to complete training in accordance with the standards
and policies established by this regulation. An Apprentice who is absent from
related instruction class sessions, unless officially excused, shall
satisfactorily complete all classroom work missed before being advanced to the
next period of training. In case of failure of an Apprentice to fulfill the
obligation regarding classroom or on the job training without due cause, the
Local Apprenticeship Committee shall take the necessary disciplinary
action.
(b) The local
Apprenticeship Committee may cancel the Apprenticeship agreement, and remove
for cause an Apprentice from the Training program at any time for failure to
comply with the Apprenticeship agreement, or with registered
standards.
(c) Before invoking any
disciplinary action, the Local Apprenticeship Committee must notify an
Apprentice by certified mail to appear before the Local Apprenticeship
Committee. If an Apprentice fails to appear before the Local Apprenticeship
Committee after due notice, disciplinary action may be invoked in accordance
with the Local Apprenticeship standards. In the absence of a Local
Apprenticeship Committee, the State Apprenticeship Committee shall function in
their stead.
(d) The State
Apprenticeship Committee serves as the Appeal Board for the Apprenticeship
Committee, and for Local Apprenticeship Committees and on training standards
interpretations. Any person or firm may appeal directly to the State
Apprenticeship Committee for review.
SECTION XIV.
SCHEDULE OF WORK
EXPERIENCE
(a) The following schedule
of work experience is set forth in approximate hours. The work experience need
not be in the precise order listed nor need the hours be continuous in any
experience category.
(b) All work
done by Apprentices as prescribed training shall conform in every respect with
the requirements of the state and local plumbing codes.
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(1) Installation of piping for water, soil sewerage vent and
leader lines.
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1000 hrs.
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(2) Installation of piping for hot and cold water for domestic
purposes.
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1000 hrs.
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(3) Installation and sizing of gas utilization piping systems,
combustion of natural gas, sizing combustion air opening's, venting of gas
burning appliances/atmospheric and fan assisted.
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800 hrs.
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(4) Assembly in position and connecting of fixtures and
appliance used in domestic heating, gas fitting, plumbing and drainage
systems.
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1800 hrs.
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(5) Welding and brazing connected with the trade.
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400 hrs.
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(6) Maintenance and repairing of heating, gas fitting, and oil
burner service.
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800 hrs.
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(7) Operation, care and use of all tools and equipment
connected with the trade.
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300 hrs.
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(8) Installation and repair of safety valves and
regulators.
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300 hrs.
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(9) Installation and repair of air gaps, atmospheric vacuum
breaker pressure type vacuum breakers, double check valves and reduce pressure
zone devices.
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400 hrs.
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(10) Plumbing Code, Gas Code, blueprint reading and sketching,
and safety training.
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1200 hrs.
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Total Hours
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8000 hrs.
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SECTION
XV.
QUALIFICATIONS FOR EMPLOYER
The individual must be a duly licensed Master Plumber in the State of
Arkansas and who signs an employer acceptance agreement to abide by these
regulations of apprenticeship.
SECTION
XVI.
APPRENTICE IN LAST YEAR OF TRAINING AND WORK
EXPERIENCE
(a) An Apprentice Plumber
shall be under the direct supervision of a Master or Journeyman Plumber at all
times, except in the last year of training. As a means of gaining additional
experience, an Apprentice may work alone but shall not be counted as a
Journeyman Plumber in the ratio amounts as described in these
regulations.
(b) For an Apprentice
to be qualified at the end of his/her Apprenticeship as a skilled Journeyman
Plumber, the Appentice, while serving the Apprenticeship, shall receive
instructions and be given the opportunity to assist in the installation of
plumbing materials as skill permits under the supervision of a Journeyman or
Master Plumber.
SECTION
XVII.
DUTIES OF THE STATE APPRENTICESHIP COMMITTEE
The State Apprenticeship Committee Shall:
(a) Review and approve or disapprove Local
Apprenticeship Committee standards.
(b) Assist and advise Local Apprenticeship
Committees.
(c) Evaluate each Local
Apprenticeship training program annually for compliance with the policies of
the Department of Education, Burea of Apprenticeship and Training, and the
State Apprenticeship Committee.
(d)
Serve as an appeal board for Apprentices, Local Apprenticeship Committees, and
for training standards interpretations. Any person or firm may appeal directly
to the State Apprenticeship Committee for review.
(e) Establish criteria for eligibility for
hardship status pertaining to correspondence training provided that the
applicant for hardship resides at least thirty (30) miles by most direct route
from the nearest established Apprenticeship school.
(f) Annually elect a chairperson,
co-chairperson, and secretary who" shall retain the power to vote in all
matters before the Committee.
(g)
Hold meetings at least every two (2) months. Special meetings of the committee
may be called by the chairperson or by petition of a majority of the members of
the Committee. The chairperson shall call a special meeting when necessary to
hear appeals.
SECTION
XVIII.
DUTIES OF THE LOCAL APPRENTICESHIP COMMITTEE
Local Apprenticeship Committee Shall:
(a) Hold meetings at least once a month.
Special meetings of the Local Apprenticeship Committee may be called by the
chairperson or by petition of a majority of members.
(b) Annually elect a chairperson and a
secretary who shallretaln the power to vote on all matters before the Local
Apprenticeship Committee.
(c)
Administer the Apprenticeship program and enforce its provisions and
requirements.
(d) Establish rules
and procedures to govern meetings.
(e) Establish minimum standards of education
and experience for Apprentice Applicants.
(f) Review apprenticeship agreements between
the employer and Apprentice and be responsible for submission of such
agreements to the Bureau of Apprenticeship and Training (BAT) and the
Department of Health, Plumbing and Natural Gas Section for
registration.
(g) Determine,
through examination, the progress of Apprentice in manipulative skills and
technical knowledge as may be deemed necessary, but not less than four (4)
times per year.
(h) Promote
Apprenticeship by enlisting public support and by contact with all
organizations concerned with it.
(i) Issue certificates of completion of
Apprenticeship to those Apprentices who have satisfactorily completed
training.
(j) Notify Bureau of
Apprenticeship and Training and the Department of Health of all actions
affecting Apprenticeship such as new hires, completions, suspensions and
cancellations.
(k) Assure that all
Apprentices are duly registered with the Department of Health/Plumbing and
Natural Gas Section within thirty (30) days of registration by the Local
Apprenticeship Committee or prior to any actual classroom attendance.
(I) Secure competent instructors
whose knowledge, experience and ability to teach shall be carefully examined.
When possible, the instructors shall take such teacher training courses as are
available.
(m) Establish a set of
local standards and submit those standards to the State Apprenticeship
Committee and Bureau of Apprenticeship and Training for approval. If the Local
Apprenticeship committee revises any part of their standards, then a
re-submission of their standards shall be required for review before
implementation.
(n) Examine the
progress of the Apprentice on the job and in related instruction not less than
four (4) times per year.
(o) Keep
complete and accurate records on each Apprentice. The records shall consist of
but are not limited to: copies of registration with the Bureau of
Apprenticeship and Training, registration with the Department of Health,
registration with the Local Committee, on the job and related instruction
progress, advancements, and other records pertinent to the Apprentice or to the
conduct of the program. Records shall be maintained for a period of five (5)
years.
(q) Ascertain that each
participating employer is in agreement with the terms of their standards,
including any training trust fund established or hereafter established to
implement the Local Apprenticeship program.
(r) Establish starting and stopping times for
classroom instruction to insure the completion of eight (8) periods of eighty
(80) hours.
(s) Be responsible for
the administration and financing of local programs.
SECTION XX.
HEARINGS
In the case of each final order issued by the Department of Health, any
affected party may within 30 days of such order submit a written request for a
hearing to the Director of the Department of Health.
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 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
XXII.
REPEAL
All Regulations and parts of Regulations in conflict herewith are
hereby repealed.
