Ala. Admin. Code r. 720-X-12-.03 - Separation or Death Of Principal Master Plumber or Principal Master Gas Fitter
(1) In the event
a principal master plumber or principal gas fitter separates by termination,
layoff, or voluntary resignation from the legal entity operating under his or
her certification, the principal master plumber or principal master gas fitter
and the legal entity shall each be responsible for notifying the Board within
five (5) days of the separation by submitting the appropriate form prescribed
by the Board.
(a) Upon separation, the former
principal master plumber or principal master gas fitter shall not attempt to
perform in such capacity for himself or any other employer or entity until he
or she has been removed as principal master plumber for the former employer and
approved by the Board as principal master plumber or principal master gas
fitter for his or her new employer.
(b) Upon separation, the entity must
immediately cease entering all contracts, both verbal and written, for the
performance of plumbing and/or gas fitting work. All certificate holders
employed by the entity who have been operating under the principal master
plumber or principal master gas fitter's certification must immediately cease
all installation, maintenance, servicing, and repair of plumbing or gas systems
until a new principal master plumber or principal master gas fitter has applied
to and been approved by the Board.
(2) In the event a principal master plumber
or principal master gas fitter is no longer able to hold a valid certificate
from the Board due to his or her death or mental or physical incapacity, the
legal entity employing him or her shall provide written notice to the Board of
the principal master plumber or principal master gas fitter's death or
incapacity within forty-five (45) days of the principal's death or
incapacitation. The entity submitting notice must provide all documentation
requested by the Board to establish the principal's death or incapacitation,
including, but not limited to, a death certificate or physician's attestation
of incapacitation.
(a) Upon timely and
complete submission of notification, the legal entity may request a limited
waiver of the principal master requirement so that the entity and its certified
employees may continue operating on a temporary basis. Any request made later
than forty-five (45) days after the principal's death or incapacitation may be
denied after a show cause hearing by the Board.
(b) Any waiver granted under (2)(a) shall
expire after the 90th day following the date of the qualifying event as
established by the death certificate or the physician's attestation. The entity
may continue to enter new contracts and engage in the installation,
maintenance, service, or repair of plumbing or gas systems while the waiver
remains active. However, upon expiration of the waiver, the entity must
immediately cease those operations unless and until a certified master plumber
or master gas fitter has applied to the Board and been approved as the new
principal master plumber or principal master gas fitter for the
entity.
Notes
Author: James Morgan
Statutory Authority: Code of Ala. 1975, ยงยง 34-37-2, 41-9A-3.
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