No. 35015 (Amendment): Rule R156-55c. Plumber Licensing Rule

(Amendment)

DAR File No.: 35015
Filed: 07/07/2011 01:26:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division, Plumbers Licensing Board, and Construction Services Commission reviewed the rule and determined that proposed rule amendments should be filed to: 1) define "immediate supervision" as required by statute; 2) change the procedure so that an applicant shall first apply to take the examination and then, once approved, may apply for licensure; 3) change the rule to allow a journeyman plumber applicant, who has completed the education requirement, to take the exam before the journeyman has completed the 8,000 hours of experience required for licensure; 4) clarify continuing education requirements for testing for distance learning courses; 5) delete a continuing education cutoff date that is no longer needed; and 6) make additional technical changes.

Summary of the rule or change:

Updated the title of rule. In Subsection R156-55c-102(2), amendments modify the definition of "direct supervision" to "immediate supervision" and clarify that "immediate supervision" means that the supervisor must be on the same project or job site. The prior definition for "direct supervision" had inadvertently been allowed to remain in the rule rather than using the current language used in statute. In Section R156-55c-302c, the proposed amendments are being made to accommodate a more efficient procedure for handling applications for both the Division and the applicant. Under current Division procedures, an applicant first submits an application for licensure and, then if approved to test and the applicant passes within six months of the approval date, the license is granted; otherwise, the license is denied. The new, proposed procedure will allow an applicant to first apply for permission to sit for the exam on an indefinite basis. When the applicant subsequently passes the examination, the applicant may then apply for licensure. This revised process eliminates the Division holding applications in pending status for as along as six months and the applicant needing to reapply after those six months have elapsed if the applicant does not pass the examination. The proposed amendments also require the applicant to answer the qualifying questionnaire at the date of the application for licensure to assure that unlawful or unprofessional conduct has not occurred in the interim between the testing period and application for licensure. In addition, the amendments in this section allow a journeyman plumber applicant who has completed the education requirement to take the examination before the applicant has completed the 8,000 hours of experience required for licensure. In Subsection R156-55c-302d(2)(c), changed "direct" to "immediate" supervision. In Subsection R156-55c-303b(6)(g), the amendments clarify that test questions for all distance learning must be randomized. This new requirement helps prevent a person from simply buying an answer sheet through the Internet. Subsection R156-55c-303b(10) is being deleted as it is unnecessary due to requirements in other sections. The remaining subsections are renumbered.

State 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 $50 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 apply to licensed plumbers and applicants for licensure in those classifications as well as continuing education providers. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply to licensed plumbers and applicants for licensure in those classifications. Some of the proposed amendments also apply to continuing education providers, which may qualify as a small business. The continuing education providers may have a slight cost increase in preparing randomized questions for distance learning courses. However, the Division is not able to determine an amount of the cost increase due to varying circumstances with the continuing education providers. Also, licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

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

The proposed amendments apply to licensed plumbers and applicants for licensure in those classifications. Some of the proposed amendments also apply to continuing education providers. The continuing education providers may have a slight cost increase in preparing randomized questions for distance learning courses. However, the Division is not able to determine an amount of the cost increase due to varying circumstances with the continuing education providers. It is also determined that some applicants, who have not passed an examination within the first six months, will recognize a savings of a $110 application fee by not being required to reapply for permission to take the examination again. The Division is not able to determine how many applicants this may apply to as it is unknown how many applicants will not pass the required examinations within the first six months.

Compliance costs for affected persons:

The proposed amendments apply to licensed plumbers and applicants for licensure in those classifications. Some of the proposed amendments also apply to continuing education providers. The continuing education providers may have a slight cost increase in preparing randomized questions for distance learning courses. However, the Division is not able to determine an amount of the cost increase due to varying circumstances with the continuing education providers. It is also determined that some applicants, who have not passed an examination within the first six months, will recognize a savings of a $110 application fee by not being required to reapply for permission to take the examination again. The Division is not able to determine how many applicants this may apply to as it is unknown how many applicants will not pass the required examinations within the first six months.

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

No fiscal impact to businesses is anticipated beyond those stated in the rule summary (slight savings to some new applicants due to being allowed to apply for licensure after passing the examination, and slight cost to continuing education providers from creating a system to provide random test questions.)

Francine A. Giani, Executive Director

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

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

Direct questions regarding this rule to:

• Dan Jones at the above address, by phone at 801-530-6720, 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:

08/31/2011

Interested persons may attend a public hearing regarding this rule:

• 08/31/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

09/07/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-55c. Plumber Licensing Act Rule.

R156-55c-101. Title.

This rule is known as the "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) "Board" means the Plumbers Licensing Board.

(2) "[Direct]Immediate supervision", as used in Subsections 58-55-102(5) and 58-55-102(23) and this rule, means [reasonable direction, oversight, inspection, and evaluation of the work of a person, in or out of the immediate presence of the supervision person, so as to ensure that the end result complies with applicable standards]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.

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

(a) repair or replacement of the following residential type 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, 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.

(4) "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.

(5) "Plumber" means apprentice plumber, journeyman plumber, residential journeyman plumber, master plumber and residential master plumber.

(6) "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-302c. 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 defined, clarified, or established as follows:

(1) The applicant shall obtain a score of 70% on the Utah Plumbers Licensing Examination [which]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-302b[ and R156-55c-302c.]; or

(b) the applicant has completed:

(i) the apprentice education program set forth in Subsection R156-55c-302b(1)(a)(ii); and

(ii) not less than 6,000 hours of the experience required under Subsection R156-66c-302b(1)(a)(i).

(3)(a) If an applicant fails one or more sections of the examination, the applicant shall retake any section of the examination failed.

(b) An applicant [may not retake any section of the examination more than two times and] shall wait at least 25 days [between retakes]for the first two retakes and thereafter shall wait 120 days between retakes.[

(c) If an applicant does not pass any failed section of the examination upon the second retake or within six months of initially being approved to test, whichever occurs first, the applicant's application shall be denied.]

(4)(a) On or after December 31, 2010, if an applicant passes any section of the examination but does not pass the entire examination, the passing score on any section of the examination shall be valid for one year from the date the section of the examination was passed. Thereafter , the applicant shall retake any previously passed section of the examination that is no longer valid to support any subsequent application for licensure.

(b) Prior to December 31, 2010, if an applicant passed any section of the examination but did not pass the entire examination, the applicant may use any previously passed section of the examination to pass the entire examination until December 31, 2011. Thereafter , the applicant shall retake the entire examination.

 

R156-55c-302d. 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 [direct]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-302d(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.

 

R156-55c-303b. Continuing Education - Standards.

(1) Required Hours. Pursuant to Sections 58-55-302.7 and 58-55-303, each licensee shall complete 12 hours of continuing education during each two year license term. A minimum of eight hours shall be core education. The remaining four hours may be professional education.

(2) "Core continuing education" is defined as education covering:

(a) International Building, Mechanical, Plumbing Codes and Utah building code amendments as adopted or proposed for adoption;

(b) the Americans with Disability Act;

(c) medical gas, National Fire Protection Association 13D and 54; and

(d) hydronics and waste water treatment.

(3) "Professional continuing education" is defined as education covering:

(a) energy conservation, management training, new technology, plan reading; and

(b) lien laws and Utah construction registry.

(4) Non-acceptable course subject matter includes the following types of courses and other similar courses:

(a) mechanical office and business skills, such as typing, speed reading, memory improvement and report writing;

(b) physical well-being or personal development, such as personal motivation, stress management, time management, or dress for success;

(c) presentations by a supplier or a supplier representative to promote a particular product or line of products; and

(d) meetings held in conjunction with the general business of the licensee or employer.

(5) The Division may:

(a) waive the continuing education requirements for a licensee that is an instructor of an approved education apprenticeship program; or

(b) waive or defer the continuing education requirements as provided in Section R156-1-308d.

(6) A continuing education course shall meet the following standards:

(a) Time. Each hour of continuing education course credit shall consist of at least 50 minutes of education in the form of seminars, lectures, conferences, training sessions or distance learning modules. The remaining ten minutes may be used for breaks.

(b) Provider. The course provider shall meet the requirements of this section and shall be one of the following:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association or organization involved in the construction trades; or

(iv) a commercial continuing education provider providing a program related to the plumbing trade.

(c) Content. The content of the course shall be relevant to the practice of the plumbing trade and consistent with the laws and rules of this state.

(d) Objectives. The learning objectives of the course shall be reasonably and clearly stated.

(e) Teaching Methods. The course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program.

(f) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training and experience.

(g) Distance learning. A course [may be recognized for continuing education] that is provided [via]through internet or [through] home study courses [provided]may be recognized for continuing education if the course verifies registration and participation in the course by means of a passing a test [which demonstrates]demonstrating that the participant has learned the material presented. Test questions shall be randomized for each [internet] participant.

(h) Documentation. The course provider shall have a competent method of registration of individuals who actually completed the course, shall maintain records of attendance that are available for review by the Division , and shall provide to individuals completing the course a certificate [which]that contains the following information:

(i) the date of the course;

(ii) the name of the course provider;

(iii) the name of the instructor;

(iv) the course title;

(v) the hours of continuing education credit;

(vi) the attendee's name;

(vii) the attendee's license number; and

(viii) the signature of the course provider.

(7) On a random basis, the Division may assign monitors at no charge to attend a course for the purpose of evaluating the course and the instructor.

(8) Each licensee shall maintain adequate documentation as proof of compliance with this section, such as certificates of completion, course handouts and materials. The licensee shall retain this proof for a period of three years from the end of the renewal period for which the continuing education is due. Each licensee shall assure that the course provider has submitted the verification of attendance to the continuing education registry on behalf of the licensee as specified in Subsection (11). Alternatively, the licensee may submit the course for approval and pay any course approval fees and attendance recording fees.

(9) Licensees who lecture in approved continuing education courses shall receive two hours of continuing education for each hour spent lecturing. However, no lecturing or teaching credit is available for participation in a panel discussion.

(10) [Licensees who obtain an initial license after March 31st of the renewal year shall not be required to meet the continuing education requirement for that renewal cycle.

(11)] A course provider shall submit continuing education courses for approval to the continuing education registry and shall submit verification of attendance and completion on behalf of licensees attending and completing the program directly to the continuing education registry in the format required by the continuing education registry.

([12]11) The Division shall review continuing education courses which have been submitted through the continuing education registry and approve only those courses [which]that meet the standards set forth under this section.

([13]12) Continuing Education Registry.

(a) The Division shall designate an entity to act as the Continuing Education Registry under this rule.

(b) The Continuing Education Registry, in consultation with the Division and the Commission, shall:

(i) through its internet site electronically receive applications from continuing education course providers and shall submit the application for course approval to the Division for review and approval of only those programs which meet the standards set forth under this section;

(ii) publish on its website listings of continuing education programs which have been approved by the Division, and which meet the standards for continuing education credit under this rule;

(iii) maintain accurate records of qualified continuing education approved;

(iv) maintain accurate records of verification of attendance and completion, by individual licensee, which the licensee may review for compliance with this rule; and

(v) make records of approved continuing education programs and attendance and completion available for audit by representatives of the Division.

(c) Fees. The Continuing Education Registry may charge a reasonable fee to continuing education providers or licensees for services provided for review and approval of continuing education programs.

 

KEY: occupational licensing, licensing, plumbers, plumbing

Date of Enactment or Last Substantive Amendment: [February 24, ]2011

Notice of Continuation: November 8, 2006

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

 

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