Section 892.40  Waiver of Licensed Plumber Requirement

A written request for a temporary waiver shall be submitted to the Department when the number of licensed plumbers employed by the irrigation contractor or with whom the contractor has a contractual agreement for the installation or inspection of lawn sprinkler systems is below the number of licensed plumbers required in Section 892.30.

a)         The written waiver request shall specify the steps taken by the irrigation contractor to maintain the required number of licensed plumbers.  A waiver will not be issued unless the irrigation contractor provides documentation of the steps taken to employ or contract with the required number of licensed plumbers.  This information shall include one or more of the following items:

1)         Copy of advertising by the irrigation contractor soliciting the services of licensed plumbers.

2)         Copies of letters to unions, trade organizations or other groups that represent plumbers, requesting referral of licensed plumbers to the irrigation contractor.

3)         Copies of letters to plumbing contractors soliciting the services of licensed plumbers.

4)         Copies of responses to the irrigation contractor from the organizations and businesses contacted by the irrigation contractor to obtain the services of licensed plumbers.

b)         The waiver request shall be submitted within 10 days after the number of licensed plumbers goes below the number required for the irrigation contractor, as specified in Section 892.30.

c)         The Department shall review the waiver request and notify the contractor if approval of the waiver request is issued.

d)         A temporary waiver shall be granted for a period not to exceed 3 consecutive months after the date the waiver is issued.

1)         Upon expiration of the initial temporary waiver, the irrigation contractor may apply for an extension of the waiver, which shall not exceed an additional 3 months.

2)         In no case shall a temporary waiver be granted to an irrigation contractor for more than a total of 6 months in a two-year period.

e)         In no case shall an irrigation contractor be relieved of the responsibility for ensuring that a licensed plumber shall inspect every sprinkler system installed by an irrigation contractor to ensure that the provisions of the Act have been met and that the system works mechanically.  In no case shall an irrigation contractor be relieved of the responsibility for ensuring that a licensed plumber makes the physical connection between a sprinkler system and the backflow prevention device.

f)          An irrigation contractor to whom a waiver has been issued may request the services of a State plumbing inspector to inspect a lawn irrigation system after installation has been completed.  A non-refundable fee of $250 will be charged for inspection services by a State plumbing inspector.