No. 41298 (Amendment): Rule R156-55c. Plumber Licensing Act Rule

(Amendment)

DAR File No.: 41298
Filed: 02/09/2017 03:55:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

With regards to amendments to Section R156-55c-102, this filing is recommended by the Plumbers Licensing Board (Board) and the Construction Services Commission (Commission). Its intent is to address issues the Board and Commission believe are needed to bring this rule into better alignment with the Utah Code, and to better protect public health, safety, and welfare. The first purpose of this filing is to clarify and further define certain plumbing terms, thereby ensuring consistency and proper enforcement of this rule. The second purpose of this filing is to make clear the scope of minor incidental plumbing work that may be performed by unlicensed individuals under Subsection 58-55-305(1)(k)(i). These amendments are due to Board and Commission concerns that the interpretation of what is "minor" and "incidental" has grown beyond the intent of the initial legislative exemption granted in the Utah Code. The particulars of this filing were decided after multiple meetings and revisions involving the Board, the Commission, the Division, and various individuals representing the interests of the plumbing industry. In March of 2016, the Plumbers Licensing Board discussed changes that were being proposed to "minor plumbing work that is incidental," as defined in Subsection R156-55c-102(2). The Board agreed with the proposed changes and placed the item on the Commission's agenda for the Commission to consider. In April of 2016, during the Commission meeting, discussion regarding these issues took place, and a motion was made to adopt the Incidental Plumbing Rule, as recommended by the Board. However, that motion was amended to leave the monetary amount allowed for minor plumbing work at the existing $300 value in lieu of replacing it with the requested $100 amount. In August of 2016, after extensive consideration, the Division's Director issued a letter to the Commission in response to these proposed Incidental Plumbing Rule changes. The Director stated that he believed Utah would be best served by leaving the rule as it is, and that should the Commission desire to modify the rule, he would welcome additional discussion. In October of 2016, association representatives met with the Division wherein the concerns relating to the proposed changes were resolved. It was ultimately determined that the Division needed to be provided with a more complete definition of "minor plumbing work that is incidental." This decision was made to assist the Division with better enforcement and regulation of those activities classified as plumbing work. A revised definition of the minor incidental plumbing rule was agreed upon and prepared for the Commission's consideration. In November of 2016, the Commission discussed the issues and the revised proposal in detail, and after weighing input received from the Division, consideration of the facts, and applicable law, and input from various industry representatives, a motion was made to proceed with the proposed changes to the definition of "minor plumbing work that is incidental." Finally, in December of 2016, the Commission again reviewed and discussed the recommended changes to Section R156-55c-102 and voted to accept the proposed language as reflected in this filing.

Summary of the rule or change:

Subsection R156-55c-102(2) is modified to revise the definition of "minor plumbing work that is incidental" to include installation, as well as repair or replacement, of the plumbing appliances listed in Subsection R156-55c-102(2)(a). Further, Subsection R156-55c-102(2)(b) is modified to include only the repair or replacement of certain listed residential type plumbing appurtenances, fixtures, and systems, where the cost of the repair or replacement, including all labor and material and changes or additions to the agreed-upon work, does not exceed $300. Finally, the terms plumbing appliances, appurtenances, fixtures, and systems, in Subsection R156-55c-102(4), are clarified to have the same meaning and interpretation as defined by Title 15A, State Construction and Fire Codes Act. In Section R156-55c-302b, the rule citation reference was updated in Subsection R156-55c-302b(2)(a). The rule citation reference was updated in Subsection R156-55c-302b(3).

Statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-55-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments do not apply to local governments. The amendments only apply to individuals who are licensed as plumbers, individuals who may apply for licensure as a plumber, and individuals exempt from licensure under Subsection 58-55-305(1)(k)(i).

small businesses:

The proposed amendments may apply to small business. First, the amendments may have a negative revenue impact for individuals exempt from licensure under Subsection 58-55-305(1)(k)(i) who are operating small businesses, as their ability to perform minor incidental plumbing work as defined in Subsection R156-55c-102(2) will be limited to projects in the approved list where the repair or replacement of plumbing appurtenances, fixtures and systems does not exceed $300 in total value. This decrease in small business revenue may be slightly offset by the expansion to the scope of work allowing exempt individuals to install as well as repair and replace the plumbing appliances listed in Subsection R156-55c-102(2)(a). Similarly, small businesses who employ the services of an individual exempt from licensure under Subsection 58-55-305(1)(k)(i) may experience increased costs and a decrease in revenue if they previously could hire an individual exempt from licensure under Subsection 58-55-305(1)(k)(i) to perform any minor incidental plumbing under $300 but now will be required to pay the costs associated with hiring a licensed plumber for minor incidental plumbing that is under $300 not included in the approved list. This cost and any decrease in small business revenue may be slightly offset by the slight increase allowed in the scope of work, where exempt individuals may now install as well as repair and replace the plumbing appliances listed in Subsection R156-55c-102 (2)(a). Conversely, these proposed amendments may cause a corresponding increase in work and potential revenue for service plumbers that operate as small businesses, because they will be hired to do all of the plumbing work that will now fall outside of the scope of minor incidental plumbing. The aggregate impact on small business cannot be estimated as it will vary from business to business depending on circumstances.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments will impact the following persons: 1) individuals exempt from licensure under Subsection 58-55-305(1)(k)(i); 2) individuals licensed as plumbers; 3) individuals who may apply for licensure as a plumber; and 4) consumers, including individual consumers as well as large companies who employ the services of a "handyman" individual exempt from licensure under Subsection 58-55-305(1)(k)(i). First, the amendments may have a negative revenue impact for individuals exempt from licensure under Subsection 58-55-305(1)(k)(i), as their ability to perform minor incidental plumbing work as defined in Subsection R156-55c-102(2) will be limited to projects in the approved list where the repair or replacement of plumbing appurtenances, fixtures and systems does not exceed $300 in total value. This decrease in revenue may be slightly offset by a slight increase in their scope of work where exempt individuals will be allowed to install as well as repair and replace the plumbing appliances listed in Subsection R156-55c-102(2)(a). Second, the amendments may cause licensed plumbers to experience a corresponding increase in work and potential revenue, because they will be hired to do all of the plumbing work that will now fall outside of the revised scope of minor incidental plumbing. Third, persons exempt from licensure who will now be prohibited from doing the type of minor incidental plumbing work that they have in the past, may either decide to apply to become licensed plumbers, or else stop doing exempt "handyman" work entirely. Finally, the proposed amendments may negatively affect consumers who previously could hire an individual exempt from licensure under Subsection 58-55-305(1)(k)(i), to perform any minor incidental plumbing under $300. The consumer will now be required to pay the costs associated with hiring a licensed plumber for minor incidental plumbing that is under $300 not included in the approved list. This negative impact may similarly be experienced by large companies employing the services of an individual exempt from licensure to perform minor incidental plumbing, as that individual's ability to perform such work will now be reduced, and the company will be required to hire a licensed plumber. Again, these costs may be slightly offset by the expanded scope of work that will allow exempt individuals to install as well as repair and replace the plumbing appliances listed in Subsection R156-55c-102(2)(a). The aggregate costs or savings for these persons cannot be estimated as it will vary from person to person depending on circumstances.

Compliance costs for affected persons:

The proposed amendments will have a negative impact on revenue for an individual exempt from licensure under Subsection 58-55-305(1)(k)(i), who cannot perform certain minor incidental plumbing work as now defined. Additionally, these amendments may result in additional costs for a company, and for any individual consumer, who will now be required to employ a licensed plumber as opposed to an exempt "handyman" for certain minor incidental plumbing work. The Division is not able to estimate these individual impacts as they will vary from person to person depending on circumstances.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule clarifies and further defines certain plumbing terms, making more clear the scope of "minor incidental plumbing work" that may be performed by unlicensed individuals under Subsection 58-55-305(1)(k)(i). This scope is reduced by adding a specific list of services that would qualify as minor incidental plumbing work, and the scope is expanded by adding original installation to the previous definition that included only repair or replacement. The income of both licensed plumbers and unlicensed persons are affected by these two changes to the definitions, benefiting one and restricting income of another, depending on the circumstances and the nature of the work to be performed. No specific impact to small business may be determined.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/31/2017

Interested persons may attend a public hearing regarding this rule:

• 03/29/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

04/07/2017

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-55c. Plumber Licensing Act Rule.

R156-55c-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 55, as used in Title 58, Chapters 1 and 55 or this rule:

(1) "Immediate supervision", as used in Subsections 58-55-102(5) and 58-55-102(23) and this rule, means the apprentice and the supervising plumber are physically present on the same project or job site but are not required to be within sight of one another.

(2) "Minor plumbing work that is incidental", as used in Subsection 58-55-305(1)(k)(i) and this rule, means:

(a) installation, repair or replacement of the following residential type Plumbing Appliances[appliances]:

(i) dishwashers;

(ii) refrigerators;

(iii) freezers;

(iv) ice makers;

(v) stoves;

(vi) ranges;

(vii) clothes washers;[and]

(viii) clothes dryers; and

(b) repair or replacement of [other plumbing fixtures and appliances inside the occupied space of a structure]the following residential type Plumbing Appurtenances, Fixtures and Systems, when the cost of the repair or replacement does not exceed $300 in total value, including all labor and materials, and including all changes or additions to the contracted or agreed upon work[.]:

(i) tub or shower trim;

(ii) tub or shower valve;

(iii) toilet flush valve;

(iv) toilet removal and reset;

(v) garbage disposal;

(vi) kitchen or lavatory sink P-trap;

(vii) kitchen or lavatory faucet rebuild and install;

(viii) supply line replacement after the fixture valve; and

(3) "Minor plumbing work that is incidental", as used in Subsection 58-55-305(1)(k)(i), does not include installation or replacement of a water heater, or work to include the initial installation of Plumbing Appurtenances, Fixtures and Systems.

(4) Plumbing Appliances, Appurtenances, Fixtures, and Systems, as used in this rule, shall have the same meaning as defined by Title 15A, State Construction and Fire Codes Act.

([4]5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 55, is further defined in accordance with Subsection 58-1-203(1)(e), in Subsection R156-55c-501.

 

R156-55c-302b. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-1-203(2) and 58-1-301(3), the examination requirements for licensure in Subsection 58-55-302(1)(c)(i) are as follows:

(1) The applicant shall obtain a minimum score of 70% on the Utah Plumbers Licensing Examination that shall consist of a written section and practical section.

(2) Admission to the examinations is permitted after:

(a) the applicant has completed all requirements for licensure set forth in this section and in Sections R156-55c-302a and R156-55c-302[b]c; or

(b) the applicant has completed:

(i) the first semester of the fourth year of the apprentice education program set forth in Subsection R156-55c-302a(1)(a)(ii); and

(ii) not less than 6,000 hours of the experience required under Subsection R156-55c-302a(1)(a)(i).

(3) (a) If an applicant fails any section of the examination, the applicant shall retake that section.

(b) An applicant shall wait at least 25 days for the first two retakes, and thereafter shall wait 120 days between retakes.

(4) If an applicant passes any section of the examination but does not pass the entire examination, the passing score for that section shall be valid for one year from the pass date. After one year the applicant shall retake any previously passed section to support any subsequent application for licensure.

 

R156-55c-302c. Qualifications for Licensure - Master Supervisory Experience and Education Requirements.

In accordance with Subsections 58-55-302(3)(a)(i)(A) and 58-55-302(3)(b)(i), the minimum supervisory experience qualifications for licensure as a master plumber and residential master plumber are established as follows:

(1) An applicant shall demonstrate successful completion of 4000 hours of supervisory experience that includes each of the following categories and minimum number of hours:

(a) supervising employees: 700 hours;

(b) supervising construction projects: 700 hours;

(c) cost/price management: 300 hours; and

(d) miscellaneous construction experience: 300 hours in any one or more of the following: accounting/financial principles, contract negotiations, conflict resolutions, marketing, human resources and government regulation pertaining to business and the construction trades.

(2) The following, or the substantial equivalent thereof, as determined by the Board in collaboration with the Commission, shall apply to the minimum supervisory experience qualifications established in Subsection (1):

(a) supervisory experience shall be obtained while licensed in the proper license classification as either a journeyman plumber or a residential journeyman plumber;

(b) supervisory experience shall be obtained as an employee of a licensed plumbing contractor, whose employer covers the applicant with workers compensation and unemployment insurances and deducts federal and state taxes from the applicant's compensation;

(c) all supervisory experience shall be under the immediate supervision of the applicant's employer; and

(d) no more than 2000 hours of experience may be earned during any 12-month period.

(3) An associate of applied science or similar or higher educational degree, in accordance with Subsection 58-55-302(3)(a)(i)(B), shall fulfill 2000 hours of the 4000 hour supervisory experience requirement. Such an applicant shall complete the remaining minimum 2000 hour supervisory experience listed above in Subsection R156-55c-302[d]c(1).

(a) The degree shall be accredited by one of the following:

(i) Middle States Association of Colleges and Schools;

(ii) New England Association of Colleges and Schools;

(iii) North Central Association of Colleges and Schools;

(iv) Northwest Commission on Colleges and Universities;

(v) Southern Association of Colleges and Schools; or

(vi) Western Association of Schools and Colleges.

(b) The degree shall be in one of the following courses of study:

(i) accounting;

(ii) apprenticeship;

(iii) business management;

(iv) communications;

(v) computer systems and computer information systems;

(vi) construction management;

(vii) engineering;

(viii) environmental technology;

(ix) finance;

(x) human resources; or

(xi) marketing.

 

KEY: occupational licensing, licensing, plumbers, plumbing

Date of Enactment or Last Substantive Amendment: [December 22, 2016]2017

Notice of Continuation: August 8, 2016

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101

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