1. (a) A company or person advertising or otherwise offering to perform plumbing or provide plumbing must secure the services of at least one Responsible Master Plumber holding a current Master Plumber license. When used in this chapter, Board forms, applications or other communication by the Board, the abbreviation "RMP" shall mean "Responsible Master Plumber."

   1. (1) Only a company or person which has secured the services of a RMP as required by this section, may:

      1. (A) advertise or otherwise offer or agree to perform plumbing or provide plumbing to the public; or
      2. (B) contract or agree to perform plumbing or provide plumbing with the public.
      3. (C) For the purposes of this section, "public" means any person other than RMPs or companies which have secured the services of RMPs.
   2. (2) A RMP shall not allow any person, firm, company, or corporation to use his or her Master Plumber license for any purpose unless the Master Plumber is a bona fide employee of the person, firm, company, or corporation or is the owner of the firm, company, or corporation that will use the master plumber's license.
   3. (3) A Master Plumber may act as the RMP for only one such person, company, firm, or corporation.
   4. (4) The RMP shall be knowledgeable of and responsible for all permits, contracts, and agreements to perform plumbing work secured and plumbing performed under his or her Master Plumber license.

   5. (5) All plumbing performed under the license of the RMP, other than that performed in accordance with §365.1 of this title (relating to License, Endorsement and Registration Categories; Description; Scope of Work Permitted) by a Drain Cleaner-Restricted Registrant, Drain Cleaner or Residential Utilities Installer, shall be under the on-the-job direct supervision of a licensed plumber who is under written contract with, a bona fide employee of, or the owner of the firm, company, or corporation using the RMP's license.

      1. (A) A licensed plumber, whether as an employee or under contract as provided by this paragraph, may only perform plumbing under contracts or agreements to perform plumbing secured by the RMP.
      2. (B) All vehicles used in conjunction with plumbing by an employee or a licensed plumber under contract, must be marked with the RMP's license number and company name, in the same manner as required in §367.4 of this chapter (relating to Display of License and Company Name).
      3. (C) The RMP is subject to all requirements and responsibilities set forth by the Plumbing License Law and Board Rules, whether or not the plumbing was performed by an employee or a licensed plumber under contract.

   6. (6) Prior to acting as a RMP as defined in this chapter, a Master Plumber shall furnish the Board with a certificate of insurance using a Certificate of Insurance form provided by the Board. The certificate of insurance must:

      1. (A) be written by a company licensed to do business in this state;

      2. (B) provide for commercial general liability insurance for the RMP for claims for property damage or bodily injury, regardless of whether the claim arises from a negligence claim or on a contract claim and shall include all types of plumbing that will be performed under the RMP's license, including, but not limited to:

         1. (i) liquefied petroleum gas (LPG) plumbing;
         2. (ii) medical gas plumbing; and
         3. (iii) multipurpose residential fire protection sprinkler systems; and
      3. (C) be in a coverage amount of not less than $300,000 for all claims arising in any one-year period;
      4. (D) state the name and license number of the Master Plumber for whom the coverage is provided;
      5. (E) state the name of the plumbing company for which the Master Plumber is acting as the RMP.
   7. (7) Insurance coverage specified in paragraph (6) of this subsection, shall be maintained at all times during which a Master Plumber acts as a RMP.
   8. (8) The Certificate of Insurance form expires on the date that the insurance coverage, specified in paragraph (6) of this subsection, expires.
   9. (9) The RMP shall furnish the Board with a completed Certificate of Insurance form not later than 10 days after the expiration of the previously furnished Certificate of Insurance form.

   10. (10) Prior to acting as a RMP as defined in this chapter, a Master Plumber shall furnish the Board with a certificate of completion of a training course required by §363.13 of the Board Rules (relating to Training Program for Responsible Master Plumber Applicants).

       1. (A) This requirement for training does not apply to a Responsible Master Plumber who, on or before January 1, 2012, provides the Board with a Certificate of Insurance that meets the requirements of this section; and
       2. (B) that is effective on January 1, 2012.
   11. (11) Each written or electronic proposal, invoice or contract for plumbing services shall contain the RMP's name, Master Plumber license number, the Board's name, mailing address and telephone number. The terms "proposal", "invoice" and "contract" includes documents used to define the scope and cost of the work to be provided to the public. This would include items such as service invoices, billing invoices or any document written or electronic which defines the services and cost of the plumbing services provided to the consumer. For the purposes of this section, the public need not sign the document for it to be considered a contract.

   12. (12) The RMP's Master Plumber license number must be clearly displayed or verbally stated in each advertisement for plumbing services regardless of the media in which the advertisement is delivered.

       1. (A) For the purposes of this section, media types would include, but not be limited to:

          1. (i) newspapers;
          2. (ii) telephone directories;
          3. (iii) printed handouts;
          4. (iv) business cards;
          5. (v) signs and billboards;
          6. (vi) radio;
          7. (vii) television; and
          8. (viii) the Internet.
       2. (B) For the purposes of this section, uniforms or other clothing is not considered advertisement media.

   13. (13) The RMP is responsible for the general on-the-job or off-the-job oversight, direction and management of plumbing work and individuals performing plumbing work to fulfill his or her responsibility to the client and employer by ensuring the following:

       1. (A) that the operations of the plumbing company that has secured his or her services meets the requirements of all applicable local and state codes, ordinances, regulations and laws regulating plumbing; and
       2. (B) that the plumbing work performed under the RMP's license will protect public health and safety by meeting the requirements of all applicable local and state codes, ordinances, regulations and laws regulating plumbing.

2. (b) A company or person offering to install pipe used solely to transport gases for medical purposes must first secure the services of at least one RMP that holds a current Master Plumber license that contains a current Medical Gas Installation endorsement issued by the Board to be responsible for the installation of all pipe used solely to transport gases for medical purposes installed by that company and permits required to install the piping.

   1. (1) The RMP with the Medical Gas Installation endorsement shall be responsible for generally supervising any individuals involved in the installation of pipe used solely to transport gases for medical purposes installed by that company and ensuring that all medical gas pipe assembly, brazing, and installation of required pipe markings is performed only by a Licensed Plumber holding a current Medical Gas Installation endorsement issued by the Board.
   2. (2) The relationship between the Master Plumber and the company or person using the RMP's license with the Medical Gas Installation endorsement must be as defined in subsection (a) of this section.

3. (c) A company or person offering to install a multipurpose residential fire protection sprinkler system must first secure the services of at least one RMP who holds a current Master Plumber license that contains a current Multipurpose Residential Fire Protection Sprinkler Specialist endorsement issued by the Board to be responsible for the installation of the multipurpose residential fire protection sprinkler system installed by the company or person.

   1. (1) The relationship between the RMP who holds the Multipurpose Residential Fire Protection Sprinkler Specialist endorsement and the company or person using the RMP's license must be as defined in subsection (a) of this section.

   2. (2) The RMP who holds the Multipurpose Residential Fire Protection Sprinkler Specialist endorsement shall be responsible for generally supervising any individuals involved in the installation of the multipurpose residential fire protection sprinkler system and ensuring:

      1. (A) the system is installed by a licensed Journeyman or Master Plumber who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist endorsement;
      2. (B) any other person who assists in the installation of a multipurpose residential fire protection sprinkler system is registered or licensed by the Board and is assisting only under the direct supervision of the endorsement holder who is on the job installing the system;
      3. (C) the system has been designed and planned in accordance with the requirements of the Plumbing License Law, §1301.3565, by a licensed Master Plumber who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist endorsement; and
      4. (D) the system is installed, tested and inspected in accordance with the requirements of the latest edition of the National Fire Protection Association (NFPA) standard 13D, all applicable local and state ordinances, laws and rules regulating the installation of multipurpose residential fire protection sprinkler systems.

   3. (3) Upon final completion of the installation, the RMP who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist endorsement shall ensure:

      1. (A) the owner of the system has been provided:

         1. (i) documentation which provides the RMP's name, Master Plumber license number, company name and contact information;
         2. (ii) a copy of the plans or drawings of the system, as installed; and
         3. (iii) instructions for the operation, maintenance and care of the system, in accordance with the latest edition of NFPA standard 13D and the material manufacturers' recommendations; and

      2. (B) a warning sign is displayed and affixed adjacent to the main shutoff valve, which, in 1/4 inch letters:

         1. (i) identifies the RMP as the installer and provides the RMP's name, Master Plumber license number, company name and contact information;
         2. (ii) states, "WARNING: The water system for this home is a multipurpose system which supplies water to fire sprinklers that require certain flows and pressures to fight a fire. Devices that restrict the flow or decrease the pressure or automatically shut off the water to the fire sprinkler system, such as water softeners, filtration systems, and automatic shutoff valves, shall not be added to this system without a review of the fire sprinkler system by a fire protection sprinkler specialist. DO NOT REMOVE THIS SIGN"; and
         3. (iii) provides the Board's name and telephone number at the bottom of the sign.

   4. (4) A Master Plumber who holds a Multipurpose Residential Fire Protection Sprinkler Specialist endorsement and designs a multipurpose residential fire protection sprinkler system must obtain a seal.

      1. (A) The Master Plumber with the endorsement is responsible for the security of the seal.

      2. (B) The required seal must be:

         1. (i) circular in design; and
         2. (ii) not less than one and one half inch in diameter;

      3. (C) The seal must display:

         1. (i) the words, "State of Texas" at the top of the seal;
         2. (ii) the words, "Licensed Master Plumber" at the bottom of the seal; and
         3. (iii) the name and Master Plumber license number of the Master Plumber with the endorsement horizontally within or through the circular seal.
      4. (D) The seal must be clearly and legibly affixed to each original plan designed by the Master Plumber with the endorsement, and each copy of the plan.
      5. (E) The Master Plumber with the endorsement must sign the plan below the affixed seal and apply the date that the plan was signed.
      6. (F) Responsibility for ensuring that the designed system meets the requirements of the latest edition of the National Fire Protection Association (NFPA) standard 13D, all applicable local and state ordinances, laws and rules regulating the installation of multipurpose residential fire protection sprinkler systems is assigned to the Master Plumber with the endorsement who affixes the seal and signs the plan.

Source Note:The provisions of this §367.3 adopted to be effective August 25, 1993, 18 TexReg 5400; amended to be effective June 2, 1994, 19 TexReg 3932; amended to be effective June 7, 1996, 21 TexReg 4689; amended to be effective April 9, 1998, 23 TexReg 3447; amended to be effective January 30, 2001, 26 TexReg 976; amended to be effective December 30, 2001, 26 TexReg 10592; amended to be effective August 11, 2004, 29 TexReg 7703; amended to be effective October 30, 2007, 32 TexReg 7689; amended to be effective May 2, 2010, 35 TexReg 3498; amended to be effective February 6, 2012, 37 TexReg 488; amended to be effective May3, 2015, 40 TexReg 2415.