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§ 17-38-201. Powers and duties generally — Definition

Home » US Law » 2020 Arkansas Code » Title 17 - Professions, Occupations, and Businesses » Subtitle 2 - Nonmedical Professions » Chapter 38 - Plumbers » Subchapter 2 - Regulation by State Board of Health » § 17-38-201. Powers and duties generally — Definition

§ 17-38-201. Powers and duties generally — Definition

§ 17-38-201. Powers and duties generally — Definition

  1. (a) The State Board of Health shall have the following powers:

    1. (1) To ensure that the construction, installation, and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe and sanitary in order to safeguard the public health;

    2. (2)

      1. (A) To have general supervision of all plumbing and, according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall prescribe and publish and enforce minimum reasonable standards that shall be uniform as far as practicable.

      2. (B) The Secretary of the Department of Health or any employee of the Department of Health designated by the State Board of Health may act for the State Board of Health except in adoption of rules;

    3. (3) To prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of apprentice plumbers;

    4. (4) To assign the duties of the Committee of Plumbing Examiners;

    5. (5)

      1. (A) To prescribe rules as to the use of corrugated stainless steel piping.

      2. (B) Such rules shall be no more stringent than the American National Standards for Interior Fuel Gas Piping Systems; and

    6. (6)

      1. (A) To require that a survey and inspection for leaks, proper venting, and general condition of the natural gas piping system and gas utilization equipment connected thereto, including appliances, serving any school accredited by the State Board of Education shall be performed as frequently as necessary, but at intervals not exceeding one (1) year. School officials shall be responsible to ensure that these surveys and inspections are performed by a qualified agency and that proof of the survey results are provided to the Division of Protective Health Codes of the Department of Health by September 1 each year.

      2. (B) As used in subdivision (a)(6)(A) of this section, “qualified agency” means any individual, firm, corporation, or company which either in person or through a representative is engaged in and is responsible for the installation, replacement, or repair of consumer gas piping, or the connection, installation, repair, or servicing of gas utilization equipment, and is experienced in such work and familiar with all precautions required and has complied with all requirements of the State Board of Health and the department and the codes and rules.

  2. (b) The State Board of Health shall prescribe rules governing plumbing apprentice training committees and, in cooperation with educational authorities, assist in related training programs for plumbers.

  3. (c) The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. Among other things, it may:

    1. (1) Employ competent supervisors who shall be licensed plumbers or licensed engineers, employ other assistants, and prescribe qualifications and assign duties for the supervisors and assistants;

    2. (2) Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and hold public meetings and attend or be represented at the meetings within or without the state;

    3. (3) Enter and inspect at reasonable hours plumbing installations on private or public property and disseminate information relative to the provisions of this chapter;

    4. (4) Prepare and cause to be printed such codes, bulletins, or other documents as may be necessary and furnish copies thereof to those engaged in the plumbing business and to the public upon request;

    5. (5) Charge a reasonable fee for plumbing inspections;

    6. (6) Furnish upon request of the owner of the building or of the plumber making the plumbing installation, recommendations or a certificate of inspection;

    7. (7) Issue restricted licenses limited to gas fitter, residential and governmental maintenance, service line installation, solar mechanic, and hospital maintenance licenses if the licensee has demonstrated competency for the particular phase of plumbing for which the person is licensed and if the State Board of Health has adopted rules defining restrictions in the type of work allowed, geographical area served, and term of the type of restricted license; and

    8. (8) Prepare a list giving the names and addresses of all licensed plumbers and registered apprentice plumbers.

  4. (d)

    1. (1) The State Board of Health shall prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of plumbing apprentices.

    2. (2) The State Board of Health shall publish a list giving the names and addresses of all licensed plumbers, registered plumbers, and city plumbing inspectors.

  5. (e) The State Board of Health may issue special licenses and restricted licenses, including, but not limited to, gas licenses and other licenses which may cover a special phase of plumbing, provided that the licensee has demonstrated competency for the particular phase of plumbing for which the person is licensed.

  6. (f) The department shall issue a restricted gas utility license to all gas utilities having gas servicepersons. The license shall cover all of the servicepersons of the utility if the utility requires each serviceperson to be specially trained for this service. The utility shall be responsible to the department for each serviceperson and shall provide an identification card showing the utility name, utility license number, and the restricted service of the serviceperson. The utility shall register each serviceperson and his or her serial number with the department.

  7. (g) The State Board of Health shall allow the use of a harvested rainwater system used for a nonpotable purpose if the harvested rainwater system:

    1. (1) Is designed by a professional engineer licensed in Arkansas;

    2. (2) Is designed with appropriate cross-connection safeguards; and

    3. (3) Complies with the state plumbing code.

  8. (h) The department and the State Board of Health shall:

    1. (1) Accept plumbing plan review documents via email, via mail, or in person; and

    2. (2) Respond to an individual or entity submitting plumbing plan review documents via email, unless the individual or entity indicates that the individual or entity would prefer to receive the response via mail.