OAR 918-695-0140: Apprentice Plumbers — Interpretations

(1) Authority and Scope. This rule is adopted by the board under ORS 670.310 and defines the conditions under which an apprentice plumber is authorized to engage in the trade of plumbing. (2) For the purposes of this rule the following shall apply, except where the context clearly means otherwise: (a) An “appropriate journeyman plumber” is one or more certified journeyman plumbers working for the same employing plumbing contractor as the apprentice. (b) “Employing plumbing contractor” is the apprentice’s employer who must be a registered plumbing contractor. (c) “Immediate work site” is the normal area in which an employing plumbing contractor’s employees are expected to be, within the company’s job assignment. In the case of a service call, “immediate work site” shall include the structure and adjacent grounds where plumbing is performed and immediate vicinity, such as where service vehicles are parked. (d) “Immediately available for advice and direction by voice communication mode” means that an appropriate journeyman plumber and apprentice have voice communication devices allowing two-way conversations. (e) “JATC” is the joint apprenticeship training committee that regulates the training for a specific apprentice. (3) A person is an “apprentice plumber” in ORS 693.010(1) and works under the supervision of a journeyman plumber, within the scope of activities authorized by ORS 693.040, if an ORS Chapter 660 apprentice engages in the plumbing trade and any of the following conditions exist while a plumbing apprentice works at the trade of plumbing; (a) The apprentice works in the physical presence of an appropriate journeyman plumber. This requires an appropriate journeyman plumber’s physical presence at the immediate work site at all times, except for not more than a cumulative 30 minutes during any work shift, provided: (A) The 30 minutes referred to in subsection (a) of this section excludes time out for meals; and (B) An appropriate journeyman plumber is immediately available for advice and direction by voice communication during all absences. (b) The apprentice works subject to the supervision of an appropriate journeyman who is immediately available to the apprentice by voice communication but not necessarily physically present, provided: (A) An appropriate journeyman plumber meets with the apprentice at least once each day to go over work done by the apprentice, with the meeting taking place either at the immediate work site or away from the work site; (B) The activity is consistent with the JATC’s work requirements; (C) Only one apprentice plumber is working at a job site; and (D) The apprentice: (i) Only engages in water heater replacement or conversion after completing at least six months of apprentice training; at least eight hours of related training in the type of work, and receiving documentation of training and successful evaluation from the JATC in the type of work. (ii) Engages in work covered in subparagraph (i) of this paragraph and ordinary minor repairs as defined in OAR 918-780-0120 in a one- or two-family dwelling after completing at least three periods of apprentice training; receiving related training, and successful evaluation from the JATC in the type of work. (iii) Engages in work covered by subparagraphs (i) to (ii) of this paragraph and general repairs maintenance and replacement of existing plumbing, after completing at least four periods of apprentice training; appropriate training, and successful evaluation from the JATC in the type of work. (iv) Engages in work covered by subparagraphs (i) to (iii) of this paragraph and new or remodel installations after completing at least five periods of apprentice training; receiving appropriate training, and successful evaluation from the JATC in the type of work. (4) Enforcement provisions. (a) For the purposes of building codes enforcement of apprenticeship requirements against a plumbing contractor, the following evidence shall be considered as sufficient proof to support compliance action alleging that an apprentice was not working under the supervision of a journeyman plumber: (A) An appropriate journeyman plumber was not available for advice and direction by voice communication mode to an apprentice, if the apprentice: (i) Does not know how to contact an appropriate journeyman plumber; (ii) Cannot within a 15-minute period reach an appropriate journeyman by voice communication mode; or (iii) Is not equipped with a voice communication device or does not have access to a telephone at the work site. (B) An appropriate journeyman plumber was not at the immediate work site if the apprentice: (i) Is only allowed to work in the physical presence of a journeyman under subsection (3)(a) of this rule; and (ii) The apprentice works alone at the immediate job site for more than 30 minutes, excluding time off for the apprentice’s normal meal break. (C) An appropriate journeyman plumber did not meet with the apprentice at least once each day, to review the apprentice’s work, if the apprentice: (i) Is not able to state the time, place and type of work that was reviewed for each of the last two working days; and (ii) Cannot identify or describe the journeyman who did the review for each of the dates covered by paragraph (A) of this section. (b) For the purposes of building codes enforcement of apprenticeship requirements against a plumbing contractor, an apprentice shall be considered as one required to work only in the physical presence of a journeyman under subsection (3)(a) of this rule if the apprentice did not produce the documentation complying with paragraphs (A) to (C) or (D) of this subsection. (A) Completion of a specific apprentice training segment; (B) Training covering the specific work being reviewed; (C) Successful evaluation report covering the specific work being reviewed; (D) A document from the JATC designating all the conditions of paragraphs (A) to (C) of this subsection were met.