(1) The Board of Plumbers adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

(1) The Board of Plumbers adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

(1) The Board of Plumbers adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

This rule has been repealed.

(1) "Employ" means to provide with a job that pays wages or a salary, and includes the responsibility of hiring and firing. The employer shall pay payroll taxes on behalf of the employee.

(2) "Farm or ranch" is defined in 39-3-402, MCA.

(3) "Installation of plumbing and drainage systems" means, but is not limited to, the measuring, laying-out, cutting, fitting, soldering, and gluing of pipe and/or the installation of fixtures and equipment for the purpose of connecting potable water or sewage.

(4) "Installation of water conditioner service" means installation of a device that requires connection to the water piping only and the installation of the drain to an acceptable indirect waste receptor as required by the plumbing code, as adopted by the state of Montana, and as required by Title 37, chapter 69, MCA. This exemption does not apply to connections to any public water supply or to commercial installations.

(5) "Master plumber of record" means a licensed master plumber who is designated as the "master plumber of record" for a plumbing business under ARM 24.180.507.

(6) "Minor work" means installation of an appliance that requires connection to the water piping only and the installation of the drain to an acceptable indirect waste receptor as required by the plumbing code, as adopted by the state of Montana, and as required by Title 37, chapter 69, MCA. The installation must be performed by an agent of, or the dealer from whom the appliance was purchased.

(7) "Manufactured house" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this section, except the size requirements.

(8) "Plumbing business" means any person or entity that advertises, bids, contracts for, or performs work in the field of plumbing.

(9) "Supervision" means:

(a) is readily available for consultation with journeyman plumbers and with the authority having jurisdiction;

(b) provides periodic evaluation of journeyman plumbers' professional competence; and

(c) provides professional guidance to journeyman plumbers on an on-going basis.

(1) Applicants approved by the board to take the licensing examination(s) shall pay the examination fee directly to the vendor. The fee is set by the vendor and varies by examination. Information concerning current vendor examination fees is available from the board office.

(2) The following fees apply to licensees and applicants:

(a) Application fees:

(i) Journeyman $270

(ii) Master 380

(iii) Medical gas endorsement 100

(iv) Out-of-state 400

(b) Renewal fees:

(i) Journeyman 160

(ii) Master 265

(iii) Medical gas endorsement 30

(c) Board-administered examination/reexamination fee 400

(d) Provisional license fee 100

(e) Master plumber of record fee 50

(f) Continuing education provider fee 50

(g) Continuing education course fee 25

(h) Retirement status certificate fee (one-time fee) 25

(3) Fees are nonrefundable.

(4) Additional standardized fees are specified in ARM 24.101.403.

(1) An application for a master or journeyman plumber license must be submitted to the department and must be accompanied by the appropriate fee.

(2) An application will remain on file for one year from the date of receipt. If the applicant has not met all qualifications and been issued a license within that period, the application terminates, the fee is forfeited, and any passing score achieved by the applicant on the written licensure examination is no longer valid. To reapply, an application and appropriate fee must be submitted.

(1)  For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference.   

(2)  Nonroutine applications must be reviewed and approved by the board before a license may be issued.

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

(1) All master applicants must successfully complete a written examination with a score of 70 percent or greater.

(2) All journeyman applicants must successfully complete a written examination and a practical examination with a score of 70 percent or greater on each examination. The written examination must be passed before an applicant may take the practical examination.

(3) If an applicant fails three written examinations within the one year period of an application's viability, the applicant must submit proof of completion of 20 hours of continuing education as provided in ARM 24.180.2102 before the applicant will be approved to take the examination a fourth time. An applicant who fails the fourth written examination may not reapply for licensure for one year.

This rule has been repealed.

(1) Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure as a plumber or medical gas endorsee.

(2) Relevant military training, service, or education must be completed by an applicant while a member of either:

(a) United States Armed Forces;

(b) United States Reserves;

(c) state national guard; or

(d) military reserves.

(3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements as a plumber or medical gas endorsee. At a minimum, satisfactory evidence shall include:

(a) a copy of the applicant's military discharge document (DD 214);

(b) a document that clearly shows all relevant training, certification, service, or education the applicant received while in the military, including dates of training and completion or graduation; and

(c) any other documentation as required by the board.

(4) The board shall consider all documentation received to determine whether an applicant's military training, service, or education is equivalent to relevant licensure requirements.

(1) The board will accept the following documentation of experience for journeyman plumber applicants:

(a) written affirmation from a licensed master plumber(s) or a licensed plumbing contractor(s) by whom the applicant was employed, certifying by detailed description of the applicant's plumbing experience, that the applicant meets the qualifications set by 37-69-304, MCA. The written affirmation must verify that the applicant has a minimum of 7500 aggregate hours of experience in the field of plumbing over a period of not less than five years;

(b) a copy of an apprenticeship completion certificate or certified statement issued by the United States Department of Labor, Employment and Training Administration (ETA), Office of Apprenticeship Training, Employer and Labor Services (OATELS), or a recognized state apprenticeship agency/council. Experience granted for a registered apprenticeship is contingent upon successfully completing the requirement of the apprenticeship program;

(c) a transcript providing attainment of a first degree or advanced degree in an approved engineering curriculum or a baccalaureate degree in an approved engineering technology curriculum will be accepted as equivalent to two years of the five-year experience requirement;

(d) the board may, in its sole discretion, give appropriate credit for the following:

(i) graduation from an engineering technology curriculum not approved by the board;

(ii) completion of portions of such curriculum;

(iii) completion of a course of study in a technical institute or other recognized educational program, none of the above to exceed two years of the five-year experience requirement.

(e) upon documentation of practice in the fields of steam fitting, hydronics, and industrial piping, the experience will be accepted as equivalent to a maximum of two years of the five-year experience requirement.

(1) Unless otherwise permitted by the board, a journeyman plumber may perform work only in the employ of and under the supervision of a full-time licensed master plumber of record.

(2) The board recognizes that in certain instances to require a journeyman plumber to be in the employ of a master plumber of record may work a hardship, and in certain instances, the reason for requiring a master plumber of record may not exist. These instances may include journeyman plumbers who are employed by a government entity and a majority of whose work may be considered plumbing, does not involve initial installation, but rather, only certain minor kinds of maintenance to previously installed and existing plumbing.

(3) All licensed journeyman plumbers shall work only in the employ of a master plumber of record, unless the board grants an exemption from this requirement. To be exempted from this requirement, a journeyman plumber must file with the board a written application for exemption. That application must state by whom the journeyman plumber is employed, and it must state in detail the kind and amount of work the journeyman plumber is doing, especially those areas which may involve the field of plumbing.

(4) The board, upon review of the application, shall determine whether the type of employment and work thereunder shall require employment by a master plumber of record and may thereafter, in its discretion, grant or deny the application and define the scope of the exemption, including, but not limited to, any and all terms and conditions the board deems necessary or appropriate under the circumstances.

(5) A journeyman plumber license does not authorize the journeyman plumber to obtain a permit or to engage in or advertise as a plumbing business.

(1) The board will accept the following documentation of experience for master plumber applicants:

(a) Written affirmation from a licensed master plumber(s) or a licensed plumbing contractor(s) by whom the applicant was employed certifying by detailed description of the applicant's plumbing experience, that the applicant meets the qualifications set by 37-69-305, MCA.

(b) Practice in the fields of steam fitting, hydronics, and industrial piping will not be considered as acceptable experience in the field of plumbing for the master license experience requirement.

(1) At the time of application for licensure as a master plumber or at the time of renewal of the master's license, the applicant or licensee shall designate on the application whether the master plumber is designated as a master plumber of record and shall state the name of the plumbing business for which the master plumber will be so designated. The designation made on an application or renewal must be received by the board before the designation is effective.

(2) A master plumber must notify the board in writing whenever a master plumber is:

(a) designated as the master plumber of record; or

(b) terminated as the master plumber of record.

(3) If a new master plumber of record is designated for a plumbing business that already has a master plumber of record, the effect is a termination of the prior master plumber of record designation.

(4) No change of status will be lawful until the board receives actual notice in writing of the status change, regardless of whether the change is a designation as a master plumber of record, a termination as a master plumber of record, or both.

(5) A master plumber shall be the master plumber of record for only one plumbing business at any one point in time, and shall not assume or perform the duties or obligations of a master plumber of record for any other plumbing business, without first providing the notice required by this rule.

(6) A master plumber of record shall be responsible for supervising all plumbing work performed by the plumbing business for which the master plumber of record is designated and shall ensure that all plumbing work is done in compliance with all applicable standards, rules, codes, and statutes, including, but not limited to, licensing laws and building codes.

(7) A master plumber of record designation is required at all times that a plumbing business engages in any of the following:

(a) advertising services in the field of plumbing;

(b) bidding or contracting for work in the field of plumbing; and

(c) applying for or obtaining a plumbing permit, or any part or renewal of a plumbing permit.

(1) The board may approve a temporary resolution of a county, city, or town or the board of directors or managers of a water or sewer district or water utility to authorize an unlicensed person to perform plumbing work if:

(a) there is not a licensed plumber within a 100-mile radius; and

(b) reasonable notice has been submitted to the board in accordance with 37-69-102, MCA.

(2) The county, city, or town or the board of directors or managers of a water or sewer district or water utility must reapply for board approval every three years from the date of board approval, or at the time a new unlicensed person has been delegated, whichever occurs first.

(3) The county, city, or town or the board of directors or managers of a water or sewer district or water utility must notify the board if a licensed plumber locates within a 100-mile radius.

This rule has been repealed.

(1) The board may enter into a written reciprocal agreement for journeyman licensure with the licensing authority of another state or jurisdiction if the other state or jurisdiction's qualifications for journeyman licensure include the following:

(a) five years of documented experience in the field of plumbing; and

(b) a written examination based on the Uniform Plumbing Code with a minimum passing score of 70 percent.

(2) If the other state or jurisdiction does not require a practical examination with a minimum passing score of 70 percent, the applicant for journeyman licensure by reciprocity shall be required to pass the Montana practical examination with a score of 70 percent or greater.

(3) The board shall review the journeyman licensure qualifications of the reciprocal states or jurisdictions annually to verify ongoing equivalency.

(4) A current copy of the reciprocal state or jurisdiction's journeyman licensure requirements must be kept on file at the board office.

(2) Applicants from states with no journeyman or master licensing shall provide a notarized statement or letter from a qualified individual(s) acceptable to the board, with direct knowledge of the applicant's qualitative and quantitative plumbing experience equivalent to five years for the journeyman license and nine years for the master license.

(1) An applicant for journeyman or master plumber license shall be issued a temporary practice permit to perform only journeyman plumber functions upon approval of the applicant to take the examination for the licensure sought and upon receipt of the appropriate fees. Master applicants holding temporary practice permits may not perform plumbing functions requiring a master plumber license.

(2) A temporary practice permit terminates 110 days after issuance, or upon the applicant's fourth failure of the written examination, or upon the applicant's failure of the practical examination with a score of less than 65 percent, whichever occurs first.

(3) A second temporary practice permit will be issued to an applicant who scores between 65 and 69 percent on the practical examination or, in the board's discretion, to an applicant unable to take the practical examination for which the applicant is scheduled due to a documented hardship.

(2) In the event a license has been on retirement status for more than three years at the time a request to have the license reissued on active status is received, the retired plumber must pass the written licensure examination before the license may be reissued.

(1) Any person performing the installation of a medical gas system(s) in the state of Montana shall first obtain an endorsement from the board.

(2) The installation of a medical gas system(s) includes, but is not limited to, the layout, cutting, joint preparation, fitting, purging and brazing, or any other joint making or assembly process required to install a medical gas system(s) .

(3) The following definitions apply to this subchapter:

(a) "ASSE" means the American Society of Sanitary Engineering.

(b) "Certification" means an accreditation from an approved training program, acceptable to the board, which issues documentation such as diplomas, cards or certificates which provide proof the applicant has successfully completed training in the installation of medical gas systems, pursuant to the requirements imposed by NFPA 99C and Section IX of the ASME Welding and Brazing Code.

(c) "Endorsement" means the approval issued by the board, signified by an endorsement card or other credential, which authorizes a person to install medical gas systems within the state of Montana.

(d) "NFPA" means the National Fire Protection Association.

(1) Any person required to obtain a medical gas endorsement shall make application to the board on the form prescribed by the board.

(2) Application for endorsement shall include:

(a) a completed and signed application;

(b) documentation that provides proof the applicant has successfully completed an approved training program which meets the criteria of ASSE series 6000 professional qualification standards and a third-party testing source acceptable to the board, and has obtained certification in the installation of medical gas systems, based on NFPA 99C and Section IX of the ASME Welding and Brazing Codes; and

(c) the nonrefundable application fee.

(3) The board will review applications for endorsement on a case-by-case basis and issue endorsements to those applicants meeting the requirements imposed by 37-69-401, MCA.

(4) The board may, at its discretion, require additional documentation from an applicant to verify compliance with the requirements imposed by 37-69-401, MCA.

(1) All medical gas endorsements must be renewed on or before the date set by ARM 24.101.413. Each endorsement holder must submit a renewal form, an attestation of current certification, and the required renewal fee.

(2) Any person performing work on a medical gas system(s) installation shall present his or her endorsement credentials for examination when requested to do so by any party authorized to examine the credentials.

This rule has been repealed.

(1) Each journeyman or master plumber shall obtain at least four hours of board-approved continuing education (CE) annually.

(a) Licensees shall affirm an understanding of their recurring duty to comply with CE requirements as a part of license renewal.

(b) New licensees are exempt from the requirements during their first renewal cycle. Licensees changing from journeyman to master plumber licenses are not exempt from completing at least four hours of CE.

(2) CE must be designed to advance the knowledge and skills of licensees. A licensee may receive credit only for CE courses that have received prior approval of the curriculum by the board or the department and to which a course approval number has been assigned by the department. Course approval expires when changes in plumbing code, statutes, or rules necessitate.

(a) Course curriculum must be based on:

(i) the adopted state plumbing code;

(ii) Title 37, chapter 69, MCA, pertaining to licensure of plumbers;

(iii) Title 50, chapter 60, MCA, pertaining to building codes and permit requirements;

(iv) ARM Title 24, chapter 180, pertaining to the board's rules;

(v) ARM 24.301.301 through 24.301.351, pertaining to building code plumbing matters; or

(vi) other subjects related to the plumbing industry, as approved by the board.

(b) Course instructors shall be, as of the date of the course approval application and at all times while providing CE instruction:

(i) a certified CE instructor employed by the International Association of Plumbing and Mechanical Officials;

(ii) a plumbing CE instructor approved in a state that has a plumbing license reciprocity agreement with the board, if the instructor has also successfully completed the International Association of Plumbing and Mechanical Officials' "train the trainer" course for the Uniform Plumbing Code; or

(iii) licensed as a journeyman or master plumber in a state or jurisdiction that has adopted the Uniform Plumbing Code, if the instructor:

(A) has no former or pending disciplinary actions against the instructor's plumbing license in any jurisdiction, unless the board is satisfied that the conduct has been adequately addressed through compliance with sanctions imposed; and

(B) either:

(I) is a Uniform Plumbing Code inspector for an authority having jurisdiction, as that term is defined in the Uniform Plumbing Code;

(II) is an apprenticeship training instructor for a union in a jurisdiction that has adopted the Uniform Plumbing Code;

(III) is certified as a plumbing inspector by the International Association of Plumbing and Mechanical Officials; or

(IV) has successfully completed the International Association of Plumbing and Mechanical Officials' "train the trainer" course for the Uniform Plumbing Code.

(c) Course sponsors shall provide the department with a minimum of 15 working days prior notice of the time and place of every course or seminar.

(d) Course sponsors shall provide each person completing a CE course with a completion certificate. The completion certificate must contain all of the following information:

(i) the date of course;

(ii) the location of course;

(iii) the name of instructor(s);

(iv) the name of licensee completing the course;

(v) the state assigned course approval number; and

(vi) the number of completed hours of instruction.

(3) For quality assurance or evaluation purposes, representatives of the department or the board may audit the course for content without charge. Such a person shall not receive or be issued a certificate of completion for that course.

(4) The board may randomly audit up to 50 percent of all renewed active licensees.

(a) Licensees shall retain course completion certificates for a minimum of three years and make the records available upon board request.

(5) Licensees found to be in noncompliance with CE requirements may be subject to administrative suspension.

(6) Licensees may request exemption from CE requirements due to hardship. Requests will be considered by the board.

(7) If a licensee does not timely file a renewal application, and thereafter files a late renewal application, the licensee must provide documentary proof of completing the required CE. 

(1) An applicant for continuing education provider approval shall submit:

(a) a completed board-approved provider application with the required fees;

(b) a completed board-approved application for each course with the required fees;

(c) a sample completion certificate as outlined in ARM 24.180.2102(2)(d);

(d) documented proof from the provider that instructors are credentialed as outlined in ARM 24.180.2102(2)(b);

(e) a syllabus of each course; and

(f) documented proof of the course curriculum as outlined in ARM 24.180.2102(2)(a).

(2) Application and course approval will be at the discretion of the board.

(3) Courses will expire on September 1 of the year in which a subsequent code is adopted. The board may also withdraw course approval at any time upon a determination by the board that amendments to statutes or rules make withdrawal of approval necessary or proper, or upon any other reasonable basis.

(1) The following conduct is deemed by the board to be unprofessional conduct:

(a) failing to timely correct violations of the Montana State Building Code, which is provided for in Title 50, chapter 60, MCA. Whether a violation has been timely corrected must be determined in light of the seriousness of the violation and all other factors deemed relevant by the board;

(b) being adjudicated under Title 39, MCA, by the court or agency having jurisdiction as having violated any workers' compensation, unemployment insurance, or independent contractor law in Montana, while working in the field of plumbing;

(c) failing to comply with the continuing education requirements set forth in ARM Title 24, chapter 180;

(d) violating any requirement found in Title 37, chapters 1 or 69, MCA, or ARM Title 24, chapters 101 or 180;

(e) being found guilty or admitting to sufficient facts in relation to, or pleading guilty or nolo contendre to a crime in any jurisdiction, whether felony or misdemeanor, regardless of adjudication or sentence, that relates to the practice of plumbing or the ability to safely and effectively practice plumbing, including, but not limited to, violations of any state or federal laws or regulations regarding plumbing;

(f) aiding or abetting a person to engage in conduct amounting to unprofessional conduct;

(g) failing to respond to the board or the department within 30 days of the date when a correspondence has been mailed to the current address of the licensee on file with the board;

(h) allowing false or misleading advertising in relation to the licensee's business as it relates to the field of plumbing;

(i) engaging in a commercial activity that conflicts with responsibility to clients or to other licensees or apprentices; and

(j) failing or refusing to provide the board verification of an employee's hours worked in the employ of the licensee when the request for verification is made for purposes of licensure.

(2) Upon a finding of unprofessional conduct as defined in (1), determined in accordance with the Montana Administrative Procedure Act, the board may impose sanctions, including, but not limited to, those allowed pursuant to 37-1-136 and 37-1-312, MCA; any additional cost or expense incurred by a licensee as a result of a sanction is the burden of the licensee. As additional forms of sanction, and without limiting the availability of any other sanction allowed by law, the board may:

(a) require a specific ratio among the different types of licensees who are in the employment of a disciplined licensee;

(b) require a specific ratio among the different types of licensees among whom a disciplined licensee is allowed to work;

(c) require supervision or additional inspections; and

(d) limit the licensee's scope of practice.

This rule has been repealed.