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Honorable Lynn Brown, Administrator
Texas State Board of Plumbing Examiners
904 Lavaca
Austin, Texas
Opinion No. WW-517
Re: The effect to be accorded the
exemption 'In the Plumbing
License Law of 1947, S. B. 188,
Acts 50th Legislature, relative
to plumbing work done by anyone
who is regularly employed as or
acting as a maintenance man or
Dear Mr. Brown: maintenance engineer.
Your recent request for an opinion on the above cap-
tioned subject reads substantially as follows:
An Independent school district In
this State is presently engaged in construct-
ing a new twenty room junior high school build-
ing. The district regularly employs a man as
its Superintendent of Buildings and Grounds
and it also has other regular employees, all
being paid fixed salaries by the school dls-
trlct.
The school district has not employed
a general contractor in this construction pro-
gram but rather the Superintendent of Buildings
and Grounds is doing the work usually done by a
general contractor and other regular employee,s *
of the district are also doing construction work.
The Superintendent of Buildings and
Grounds supervises and gives instructions regard-
ing the plumbing work on the new building as he
deems necessary. In particular, he sees that
the plumbing installation is done in accordance
with the specifications and the applicable
Honorable Lynn Brown, page 2. wi-517 1
plumbing regulations. He interprets the
blueprints and mechanical plans and actually
"lays out' or points out the location of the
various fixtures and the location and type of
fittings and sizes of soil and vent pipes
needed to complete the system. He may also
be required to use his own judgment in resolv-
ing practical problems not foreseen In the
original plans and specifications. All of
these activities are performed in his super-
visory capacity over the "head plumber" and
for these duties he receives no extra compen-
sation.
The person in charge,of the actual
physical plumbing,work Is a man designated
as "head plumber , hired by the district for
this particular construction job, and who had,
previous to this job been employed by a master
plumber and followed the plumbing trade as a
means of livelihood. This so-called "head
plumber" performs the actual manual installa-
tion of the plumbing in accordance with blue-
prints and mechanical plans. This includes
cutting, threading, caulking and/or sweating
pipe to form assemblies or installations in
accordance with the blueprints and plans, and
the installation of fixtures. When necessary,
he works with the Superintendent in "laying out"
portions of the job.
Under this so-called "head:plumber'
two full time laborers of the ~schooldistrict
do actual plumbing work together with the "head
plumber". These laborers or "helpers" assist
the "head plumber" in the actual manual installa-
tion of plumbing by supplying materials such as
pipe, fittings, tools, etc.; by holding or steady-
. ing pipe; by digging ditches; and by performing
numerous other similar 'functionsIn connection
with the installation as dlrected by the "head
plumber". They receive no compensation for
this work other than their normal salaries as
employees of the district.
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Honorable Lynn Brown, page 3. NW-517)
None of these employees has a plumber's
license of any kind Issued by the Texas State
Board of Plumbing Examiners under the Plumbing
License Law of 1947.
Esentially, you have asked the following specific
question:
Whether any or all of these persons
under such circumstances are exempt from the
licensing requirement of the Plumbing License
Law of 1947.
The "Plumbing License Law of 1947", which is Senate
Bill 188, Acts of the 50th Legislature, Regular Session, 1947,
Chapter 115, Page 192, codified as Article 6243-101 of Vernon's
Civil Statutes, forbids plumbing work by those who do not hold
State licenses with certain exceptions:
Section 2(a) of the "Plumbing License Law of 1947"
defines plumbing as follows:
"The word or term 'plumbing' as used
in this act means and shall include: (1) all
piping, fixtures, appurtenances and appliances
for a supply of water or gas, or both, for all
personal or domestic purposes in and about bulld-
ings where a person or persons live, work or as-
semble; all piping, fixtures, appurtenances and
appliances outside a building connecting the
bulldlng with the source of water or gas supply,
or both on the premises, or the maln in the
street, alley or at the curb; all piping, fixtures,
appurtenances, appllanoes, drain or waste pipes
carrying waste water or sewage from or within a
building to the sewer service lateral at the curb
or in the street or alley or other disposal ter-
minal holding private or domestic sewage: (2)
the installation, repair or maintenance of all
piping, fixtures, appurtenances and appliances
in and about buildings where a person or persons
live, work or assemble, for a supply of gas,
water, or both, or disposal of waste water or
sewage."
Section 14 of the Act provides as follows:
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'HonorableLynn Brown, page 4. (w-517)
"After the expiration of one hundred
twenty days from the effective date of this Act,
no person, whether as a master plumber, employ;n,g
plumber, journeyman plumber, or otherwise, shall
engage Ian,work at, or conduct the bunjness of
plumbing in this state or serve as a plumbing in-
spector as herein defined, except as herein specifi-
cally exempted from the provisions of this Act, un-
less such person is the holder of a valid license
as provided for by this Act; and after the expira-
tion of one hundred twenty days from the effective
date of this Act It shall be unlawful for any per-
son to engage in, work at, or conduct the business
of plumbing In this state or serve as a plumbing
inspector as herein deflned, except as here3.n
specifically exempted from the provisions of this
Act . . . and provided for hereby; and it shall be
unlawful for any person, firm, or corporation to
engage in or work at the business of installing
plumbing and doing plumbing work except as specifi-
cally herein provided unless such installation of
plumbing or plumbing work be under the supervision
and control of a plumber licensed under this Act.
And it is expressly provided that the provisions of
Article 122 of the Penal Code of Texas shall apply
to violations of this Act, and said Article 122 of
the Penal Code and the penalties therein provided
are hereby expressly referred to."
The Plumbers Act of 1947 then is a prohibition against
any person, firm, or corporation engaging in, working at, or
r;znductingthe business of plumbing (as defined in the Act) with-
o;lta license unless specifically provided'for or specifically
exempted.
Reference is made by your request to Section 3(c) of
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