Current through Register Vol. 63, No. 12, December 1, 2024
(1) Authority and Scope. This rule is adopted
by the board under ORS
670.310 and defines the
conditions under which an apprentice plumber is authorized to engage in the
trade of plumbing.
(2) For the
purposes of this rule the following shall apply, except where the context
clearly means otherwise:
(a) An "appropriate
journeyman plumber" is one or more certified journeyman plumbers working for
the same employing plumbing contractor as the apprentice.
(b) "Employing plumbing contractor" is the
apprentice's employer who must be a registered plumbing contractor.
(c) "Immediate work site" is the normal area
in which an employing plumbing contractor's employees are expected to be,
within the company's job assignment. In the case of a service call, "immediate
work site" shall include the structure and adjacent grounds where plumbing is
performed and immediate vicinity, such as where service vehicles are
parked.
(d) "Immediately available
for advice and direction by voice communication mode" means that an appropriate
journeyman plumber and apprentice have voice communication devices allowing
two-way conversations.
(e) "JATC"
is the joint apprenticeship training committee that regulates the training for
a specific apprentice.
(3) A person is an "apprentice plumber" in
ORS 693.010(1) and
works under the supervision of a journeyman plumber, within the scope of
activities authorized by ORS
693.040, if an ORS Chapter 660
apprentice engages in the plumbing trade and any of the following conditions
exist while a plumbing apprentice works at the trade of plumbing;
(a) The apprentice works in the physical
presence of an appropriate journeyman plumber. This requires an appropriate
journeyman plumber's physical presence at the immediate work site at all times,
except for not more than a cumulative 30 minutes during any work shift,
provided:
(A) The 30 minutes referred to in
subsection (a) of this section excludes time out for meals; and
(B) An appropriate journeyman plumber is
immediately available for advice and direction by voice communication during
all absences.
(b) The
apprentice works subject to the supervision of an appropriate journeyman who is
immediately available to the apprentice by voice communication but not
necessarily physically present, provided:
(A)
An appropriate journeyman plumber meets with the apprentice at least once each
day to go over work done by the apprentice, with the meeting taking place
either at the immediate work site or away from the work site;
(B) The activity is consistent with the
JATC's work requirements;
(C) Only
one apprentice plumber is working at a job site; and
(D) The apprentice:
(i) Only engages in water heater replacement
or conversion after completing at least six months of apprentice training; at
least eight hours of related training in the type of work, and receiving
documentation of training and successful evaluation from the JATC in the type
of work.
(ii) Engages in work
covered in subparagraph (i) of this paragraph and ordinary minor repairs as
defined in OAR 918-780-0120 in a one- or two-family dwelling after completing
at least three periods of apprentice training; receiving related training, and
successful evaluation from the JATC in the type of work.
(iii) Engages in work covered by
subparagraphs (i) to (ii) of this paragraph and general repairs maintenance and
replacement of existing plumbing, after completing at least four periods of
apprentice training; appropriate training, and successful evaluation from the
JATC in the type of work.
(iv)
Engages in work covered by subparagraphs (i) to (iii) of this paragraph and new
or remodel installations after completing at least five periods of apprentice
training; receiving appropriate training, and successful evaluation from the
JATC in the type of work.
(4) Enforcement provisions.
(a) For the purposes of building codes
enforcement of apprenticeship requirements against a plumbing contractor, the
following evidence shall be considered as sufficient proof to support
compliance action alleging that an apprentice was not working under the
supervision of a journeyman plumber:
(A) An
appropriate journeyman plumber was not available for advice and direction by
voice communication mode to an apprentice, if the apprentice:
(i) Does not know how to contact an
appropriate journeyman plumber;
(ii) Cannot within a 15-minute period reach
an appropriate journeyman by voice communication mode; or
(iii) Is not equipped with a voice
communication device or does not have access to a telephone at the work
site.
(B) An appropriate
journeyman plumber was not at the immediate work site if the apprentice:
(i) Is only allowed to work in the physical
presence of a journeyman under subsection (3)(a) of this rule; and
(ii) The apprentice works alone at the
immediate job site for more than 30 minutes, excluding time off for the
apprentice's normal meal break.
(C) An appropriate journeyman plumber did not
meet with the apprentice at least once each day, to review the apprentice's
work, if the apprentice:
(i) Is not able to
state the time, place and type of work that was reviewed for each of the last
two working days; and
(ii) Cannot
identify or describe the journeyman who did the review for each of the dates
covered by paragraph (A) of this section.
(b) For the purposes of building codes
enforcement of apprenticeship requirements against a plumbing contractor, an
apprentice shall be considered as one required to work only in the physical
presence of a journeyman under subsection (3)(a) of this rule if the apprentice
did not produce the documentation complying with paragraphs (A) to (C) or (D)
of this subsection.
(A) Completion of a
specific apprentice training segment;
(B) Training covering the specific work being
reviewed;
(C) Successful evaluation
report covering the specific work being reviewed;
(D) A document from the JATC designating all
the conditions of paragraphs (A) to (C) of this subsection were met.
Stat. Auth.: ORS
693.040
Stats. Implemented: ORS
693.040