Feb. 24, 2023 Proposed TSBPE Rule Changes

This is a list of all of the TSBPE Rules that are proposed for change as of Feb. 17, 2023. Scrool down for additional information.

Rule NumberHeadingIssue
22 TAC §361.1Definitions02/24/2023
22 TAC §361.4The Board02/24/2023
22 TAC §361.6Fees02/24/2023
22 TAC §361.10HUB Program02/24/2023
22 TAC §361.12Advisory Committees02/24/2023
22 TAC §361.15Election of Board Officers02/24/2023
22 TAC §363.9Medical Gas Endorsement02/10/2023
  • 361.1 changes several definitations, some are very minor. Those that may be considered a major change are shown in BOLD.
    •  (18)Direct Supervision–  Publication date 02.24.2023
      • (A)The on-the-job oversight and direction of a registered Plumber’s Apprentice or licensee performing plumbing work by a licensed plumber who is fulfilling his or her responsibility to the client and employer by ensuring the following:      
        • (i)that the plumbing materials for the job are properly prepared prior to assembly according to the material manufacturers recommendations and the requirements of the adopted plumbing code; and      
        • (ii)that the plumbing work for the job is properly installed to protect health and safety by meeting the requirements of the adopted plumbing code and all requirements of local and state ordinances, regulations and laws.       
        • (iii)This oversight may include virtual visual, real-time communication.   
          • The following (in italics) is NOT part of the RULE change being PROPOSED. It is a summary of the change. 
          • 18) Direct Supervision. On-the-job oversight and supervision is amended to show that direct supervision may include virtual visual, real-time communication. This rule is amended on a recommendation by the workgroup. The pandemic created necessary social-distancing practices for virtual supervision to ensure worker safety across all industries. Technology supported social distancing by providing the capability to visually stream or project the job site in real-time such as on Facetime, Zoom, etc. These practices demonstrated that such technology could be successfully utilized to provide service and supervision. As such, the definition is amended to allow a Responsible Master Plumber (RMP) the flexibility to choose how they supervise their staff aided by technology as they see fit. This rule does not alleviate the responsibility of the RMP from adequate supervision or from ensuring that work is performed to code. It is in the RMP’s discretion to utilize optional technology as they deem it appropriate given their job sites, staff, and technological capacities. Should inspection or investigation be done on the job site, any present licensee or registrant must demonstrate that real-time, visual communication is successful and effective.
    •  (25)Maintenance Man or Maintenance Engineer–An individual who:  Publication date 02.24.2023
      • (D)For the purposes of paragraph 25(B), “incidental to and in connection with” includes the repair, maintenance and replacement of existing potable water piping, existing sanitary waste and vent piping, existing plumbing fixtures and existing water heaters. It does not include cutting into fuel gas plumbing systems and the installation of gas fueled water heaters.
  • 361.6 Fees eliminates fees for endorsement renewals
  • 363.9 Medical Gas Piping Endorsement Publication date 02.10.2023
    •   (2)have successfully completed an [a Board-] approved training program in medical gas piping installation, which is based on the standards contained in the latest edition of the National Fire Protection Association 99 Health Care Facilities Code (NFPA 99), or may demonstrate the successful completion of the Professional Qualification Standard for Medical Gas Systems Personnel Series 6000, Standard 6010, latest edition, recognized by the American Society of Sanitation Engineers.