State board keeps its eye on unlicensed plumbers
Unlicensed plumbers beware: The state is tough on handymen who think they know a thing or two about plumbing but don’t have the credentials to back it up.
The Texas State Board of Plumbing Examiners aggressively pursues unlicensed plumbers, slapping them with thousands of dollars in fines. That’s because shoddy work, such as an improperly installed water line, can contaminate a neighborhood’s water supply.
And the board also goes after its own. One licensed master plumber was recently fined $3,000 for taking a client’s money and not finishing the work.
But could the board be a bit overzealous? James Dale Kennemer, a financial planner in Fort Worth, was fined $400 for what he says amounted to putting a nozzle on a hose so workers could pour cement at a business. He took off the fixture when the workers finished.
“The claim was totally superficial,” he said, adding that he believes that the board serves a vital role but that overaggressive lawyers trying to “justify their existence” were to blame.
Licensed plumbers and the board say enforcement is essential because they undertake complex tasks that could put health and safety at risk. In addition to water and sewer lines, plumbers install natural gas lines and piping for medical gases in hospitals.
In order to perform legitimate plumbing, plumbers must work under the guidance of a master plumber. Over the past three years, the board has disciplined dozens for working without such supervision.
But others say the licensing board has become a way to restrict competition in the plumbing profession. Some of the repairs are so simple or basic that the state is making plumbing repairs more costly to individuals.
“What happens when you rely on the government [for regulation] is that it shuts out competition in the regulatory environment and it’s subject to political influence,” said Wes Benedict, executive director of the Libertarian Party of Texas.
But Enrique Castro of El Paso, a board member and master plumber, said the agency is set up foremost to ensure safety.
“I’m all for licensing. I’m a contractor myself, and in no way does it restrict or let me be the only competitor here,” he said. “Anybody can take the test. There’s nothing against competition at all.”
Board performance
The board’s enforcement consists of a two-pronged approach. The board uses nine investigators to look into consumer complaints — about 1,000 a year — and to monitor job sites. Field investigators balance the two jobs.
“We catch people both ways,” said Robert Maxwell, the board’s executive director.
“We think we do a very good job, considering our resources,” he said, adding that the board monitors about 50,000 licensees with a staff of 24.
Statistics kept by the Legislative Budget Board bear that out. In fiscal year 2008, the board resolved 936 complaints, well above its target of 880.
Investigators also conducted 833 field investigations, just below the target of 850, despite losing a field investigator in the San Antonio area.
The board also collects those fines. In fiscal year 2008, the board assessed $326,300 and collected $303,397, or about 93 percent.
Despite that, some unlicensed plumbers ignore fines, some as high as $17,000, Maxwell said.
“There are some people that are going to operate a business in violation of the law, and it’s difficult to get their attention,” he said.
Some operate “from the dashboard of their truck and some of these people are so migrant” it’s difficult to keep tabs on them, he said.
Maxwell said some cases are turned over to the Texas attorney general’s office to get violators into a payment plan or have a lien filed against them.
“Collecting the penalty is important, but more important is that they stop doing what they’re doing,” Maxwell said.
How to check
Attaining the master plumber level can take longer to earn than a master’s degree in some cases. The board recognizes four basic levels of plumbers: apprentice, journeyman, tradesman and master.
A master plumber is required to oversee plumbing jobs in Texas. To become licensed as a master requires working thousands of hours and passing a written and hands-on exam.
Consumers can use the board’s Web site to check whether a plumber is licensed and to see whether he or she has a current certificate of insurance on file for master plumbers.
Past disciplinary actions are listed on the site’s main page.Darren Barbee
Fort Worth Star-Telegram
Innerline Plumbing is a fully licensed and insured plumbing company.