(a)
- (1) The provisions in this section govern plumbing apprenticeship programs and are supplemental to the requirements outlined in 17 CAR §§ 37-101 – 37-107, unless otherwise specified by this section.
- (2) Terms shall have the definitions provided in 17 CAR § 37-101, unless a different definition is provided in subsection (b) of this section, in which case, that definition will control.
(b) As used in this part:
(1) “Apprentice plumber” means a person other than a master or journeyman plumber, who:
- (A) Is at least sixteen (16) years of age; and
- (B) Has entered into a valid plumbing apprenticeship agreement;
- (2) “Committee of Plumbing Examiners” means individuals designated by the State Board of Health to determine the eligibility of applicants for a master or journeyman plumber license in accordance with Arkansas Code § 17-38-301 et seq.;
- (3) “Employer” means any master plumber representing themselves or a company that performs plumbing work in the State of Arkansas;
- (4) “Experienced credit” means related technical instruction and on-the-job training granted for documented out-of-state work, in-state work while duly registered under this part, or work done prior to January 1, 1984;
(5) “Journeyman plumber” means any person other than a master or apprentice plumber who is:
- (A) Duly licensed under Arkansas Code § 17-38-301 et seq.; and
- (B) Engaged in the practical installation of plumbing;
- (6) “Laborer” means any person engaged in trenching, transporting supplies, demolition, etc., whose primary function is physical in nature;
(7) “Master plumber” means any person other than a journeyman or apprentice plumber who is:
- (A) Duly licensed under Arkansas Code § 17-38-301 et seq.;
- (B) Skilled in the planning, superintending, and practical installation of plumbing; and
- (C) Familiar with the laws and rules governing it;
- (8) “Plumbing inspector” means an individual duly licensed by the Department of Health in accordance with Arkansas Code § 17-38-301; and
- (9) “State Plumbing Apprenticeship Committee” means the body of individuals appointed by the Career Education and Workforce Development Board pursuant to Arkansas Code § 17-38-403.
(c)
(1)
- (A) No person shall engage in work as an apprentice plumber unless registered by the Plumbing and Natural Gas Section, the United States Office of Apprenticeship, and the Office of Apprenticeship of the Office of Skills Development.
- (B) The apprentice, and if a minor, their parent or guardian, shall sign an apprenticeship agreement with the Department of Health and the United States Office of Apprenticeship.
- (2) The employer of an apprentice plumber must be a master plumber who signs an employer acceptance agreement to abide by this part.
(3)
- (A) In order to establish an apprenticeship record, every apprentice plumber shall be registered with the program sponsor, the Department of Health, the United States Office of Apprenticeship, and the Office of Apprenticeship of the Office of Skills Development within thirty (30) days after employment.
- (B) It is the responsibility of the master plumber to ensure that the apprentice is duly licensed, enrolled in, and attending an apprenticeship program.
- (C) The Committee of Plumbing Examiners may take action against a master plumber for working an apprentice beyond the thirty-day limit without being registered.
(4)
- (A)
(i) An applicant must submit a request for experienced credit within sixty (60) days of the date of application.
(ii) Requested credit must be substantiated through notarized records, affidavits, or other evidence.
- (B) Work experience used as a basis for experienced credit must have a start and end date listed (to the present if the applicant’s current job is being used) and the amount of on-the-job training hours obtained during that time frame should be listed.
- (C) Work experience should be described with sufficient detail to provide a clear understanding of the work that was performed.
- (D) If a license or registration was required in the state where the work was performed, a copy of the license or registration, valid during the time period in question, should be provided.
(E)
- (i) Time requested for experienced credit shall be evaluated by the local apprenticeship committee, if in existence, and approved by the State Plumbing Apprenticeship Committee.
- (ii) In the absence of the local apprentice committee, requested time shall be evaluated by the State Plumbing Apprenticeship Committee.
- (F) The applicant may be required to take an examination to verify their knowledge about subjects for which experienced credit is requested.
- (G) Experienced credit may be granted for related technical instruction where the applicant has attended an Arkansas Certified Pre-apprenticeship Program or college/vocational program approved by the Office of Apprenticeship of the Office of Skills Development where the classes taken match with an apprenticeship program’s related technical instruction.
(H)
- (i) The term of apprenticeship shall be a minimum of:
- (a) (a) Four (4) years consisting of eight (8) periods of one thousand (1,000) hours of practical work experience; and
(b) (b) Eight (8) periods of eighty (80) hours of related technical instruction.
(ii) Training time received through a pre-apprenticeship program prior to entering a registered apprenticeship program may be counted towards the time requirement above.
(I)
- (i) An apprentice who successfully completes the required apprenticeship term will be eligible to take the state journeyman plumber’s examination as administered by the Plumbing and Natural Gas Section.
- (ii) Upon completion of the apprenticeship, a notice will be sent to the Office of Apprenticeship of the Office of Skills Development by the program sponsor informing it of the apprentice’s completion.
- (iii) Upon verification of the completion, the Office of Apprenticeship of the Office of Skills Development will provide the release to test to the program sponsor.
- (iv) The apprentice shall have one (1) year from the date of completion of the apprenticeship to pass the state journeyman plumber’s examination.
- (v) The Plumbing and Natural Gas Section will notify the Office of Apprenticeship of the Office of Skills Development of the test results.
- (vi) The apprentice must pass the examination before being released by the program sponsor from their indenture agreement.
- (d)
- (1) The apprentice shall enroll in and attend classes in related subjects at an apprenticeship program that is approved by the United States Office of Apprenticeship and the Office of Apprenticeship of the Office of Skills Development.
(2)
(A)
- (i) The approved occupation titled program is Plumber (0432) V1 Time-Based.
- (ii) This program requires six hundred forty (640) hours of related technical instruction.
- (B) Apprentices may receive up to three hundred twenty (320) related technical instruction hours by correspondence work.
- (3) The apprentices shall take advantage of provided instruction in recognized apprenticeship classes during periods of temporary unemployment.
- (4) Class attendance is mandatory, and failure to attend classes in related technical instruction may result in discipline up to and including termination of the apprenticeship agreement.
(5)
- (A) Apprentices will attend classes on their own time.
- (B) Class attendance shall not be considered as hours worked.
- (6) The program sponsor shall not recognize any apprentice with whom they have not signed an apprenticeship agreement or who is not registered with the Department of Health, the United States Office of Apprenticeship, and the Office of Apprenticeship of the Office of Skills Development.
- (e) All work done by apprentices as training shall conform with state and local plumbing codes and the apprenticeship program’s United States Office of Apprenticeship Standards of Apprenticeship.
(f) The State Plumbing Apprenticeship Committee, comprised pursuant to Arkansas Code § 17-38-403, shall have the following duties:
- (1) Annually electing a chair and co-chair who shall retain the power to vote in all matters before the State Plumbing Apprenticeship Committee;
(2)
- (A) Holding monthly meetings if there are items requiring discussion or approval.
- (B) Special meetings may be called by the chair or by a petition of a majority of the members of the State Plumbing Apprenticeship Committee.
- (C) The chair shall call a special meeting when necessary to hear appeals;
- (3) Assisting and advising local apprenticeship committees upon request;
- (4) Evaluating local plumbing apprenticeship training programs for compliance with the United States Office of Apprenticeship, the Office of Apprenticeship of the Office of Skills Development, and its own policies;
(5)
- (A) Serving as an appeal board for apprentices, employers, and local apprenticeship committees.
- (B) Any person may appeal directly to the State Plumbing Apprenticeship Committee for review;
- (6) Providing interpretations for training standards;
- (7) Approving plumbing curriculum eligible for reimbursement through the Construction Industry Craft Training Trust Fund; and
- (8) Making final determinations on experienced credit requests.
(g) A plumbing program sponsor or local apprenticeship committee shall:
- (1) Review apprenticeship agreements between the employer and apprentice and submit those agreements to the United States Office of Apprenticeship and the Plumbing and Natural Gas Section;
- (2) Ensure that all apprentices are duly registered with the Plumbing and Natural Gas Section within thirty (30) days of employment by a master plumber and registration by the program sponsor;
- (3) Notify the United States Office of Apprenticeship, the Office of Apprenticeship of the Office of Skills Development, and the Plumbing and Natural Gas Section of all actions affecting apprenticeship such as new hires, completions, suspensions, and cancellations within thirty (30) days of the action;
- (4) Establish starting and stopping times for classroom instruction to ensure the completion of eight (8) periods of eighty (80) hours or as approved by the United States Office of Apprenticeship;
- (5) If a program is found to be in violation of this part, the Office of Apprenticeship of the Office of Skills Development, in consultation with the State Plumbing Apprenticeship Committee, shall contact the Plumbing and Natural Gas Section and request that the program’s ability to register new apprentices, renew licenses, and have their apprentices approved to test be held until all of the program is in compliance;
(6)
- (A) Local apprenticeship committees shall hold semiannual meetings.
- (B) Special meetings may be called by the chair or by a petition of a majority of members; and
- (7) Annually elect a chair and a secretary who shall retain the power to vote on all matters before the local apprenticeship committee.
(h)
- (1) Apprentice plumbers shall be subject to a probationary period not to exceed one thousand (1,000) practical work experience hours.
- (2) During the probationary period, the local apprenticeship committee, employer, or apprentice may request an annulment of the apprenticeship agreement without a formal hearing.
(3) Apprentices shall receive credit for time worked under the probationary period.
- (i)
- (1) Should an apprentice fail to attend on-the-job training or related technical instruction, the local apprenticeship committee or program sponsor shall take the necessary disciplinary action.
- (2) The local apprenticeship committee or program sponsor may cancel the apprenticeship agreement and remove an apprentice from the training program for failing to comply with the terms of the apprenticeship agreement or applicable standards.
(3)
(A)
- (i) Before taking any disciplinary action, the local apprenticeship committee or program sponsor shall notify the apprentice by certified mail that they should appear before the local apprenticeship committee at the designated date.
- (ii) The notice should specify the grounds for disciplinary action.
- (B) If, after receiving due notice, an apprentice fails to appear before the local apprenticeship committee, disciplinary action may be invoked.
- (C) In the absence of a local apprenticeship committee, the State Plumbing Apprenticeship Committee shall function in its stead.