| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 290, 1864, 1921 | PRINTER'S NO. 2240 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ERICKSON, TARTAGLIONE, GREENLEAF, WAUGH, O'PAKE, LOGAN AND WASHINGTON, FEBRUARY 20, 2009 |
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| AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 29, 2010 |
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| AN ACT |
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1 | Providing for plumbing contractors licensure; establishing the |
2 | State Board of Plumbing Contractors and providing for its |
3 | powers and duties; conferring powers and imposing duties on |
4 | the Department of Labor and Industry; establishing fees, |
5 | fines and civil penalties; creating the Plumbing Contractors |
6 | Licensure Account; and making an appropriation. |
7 | TABLE OF CONTENTS |
8 | Chapter 1. Preliminary Provisions |
9 | Section 101. Short title. |
10 | Section 102. Definitions. |
11 | Chapter 3. Board |
12 | Section 301. State Board of Plumbing Contractors. |
13 | Section 302. Powers and duties of board. |
14 | Chapter 5. Licensure |
15 | Section 501. Licensure. |
16 | Section 502. Qualifications. |
17 | Section 503. Continuing education. |
18 | Section 504. Plumbing contractors in other states. |
19 | Section 505. Duration of license. |
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1 | Section 506. Reporting of multiple licensure. |
2 | Section 507. Prohibition. |
3 | Chapter 7. Administration and Enforcement |
4 | Section 701. Fees, fines and civil penalties. |
5 | Section 702. Violations. |
6 | Section 703. Refusal, suspension or revocation of license. |
7 | Section 704. Suspensions and revocations. |
8 | Section 705. Temporary and automatic suspensions. |
9 | Section 706. Reinstatement of license. |
10 | Section 707. Surrender of suspended or revoked license. |
11 | Section 708. Injunction. |
12 | Section 709. Subpoenas and oaths. |
13 | Chapter 21. Miscellaneous Provisions |
14 | Section 2101. Municipalities. |
15 | Section 2102. Appropriation. |
16 | Section 2103. Regulations. |
17 | Section 2104. Effective date. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | CHAPTER 1 |
21 | PRELIMINARY PROVISIONS |
22 | Section 101. Short title. |
23 | This act shall be known and may be cited as the Plumbing |
24 | Contractors Licensure Act. |
25 | Section 102. Definitions. |
26 | The following words and phrases when used in this act shall |
27 | have the meanings given to them in this section unless the |
28 | context clearly indicates otherwise: |
29 | "Apprentice plumber." An individual who is registered as an |
30 | apprentice under the act of July 14, 1961 (P.L.604, No.304), |
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1 | known as The Apprenticeship and Training Act, and who is |
2 | licensed by the State Board of Plumbing Contractors as an |
3 | individual whose principle occupation is learning and assisting |
4 | in the performance of plumbing services. |
5 | "Board." The State Board of Plumbing Contractors. |
6 | "Conviction." The term includes a judgment, an admission of |
7 | guilt or a plea of nolo contendere. |
8 | "Department." The Department of Labor and Industry of the |
9 | Commonwealth. |
10 | "Journeyman plumber." An individual who is licensed by the |
11 | State Board of Plumbing Contractors to assist a master plumber |
12 | with the performance of plumbing services. |
13 | "Master plumber" or "licensed plumbing contractor." An |
14 | individual who has been licensed by the State Board of Plumbing |
15 | Contractors and who is authorized to perform plumbing services |
16 | and to supervise plumbing services provided by an apprentice |
17 | plumber or a journeyman plumber. |
18 | "Minor repairs." The repair of an existing plumbing fixture, | <-- |
19 | including the replacement of faucets or valves or parts of |
20 | faucets or valves, the clearance of stoppages, the stopping of |
21 | leaks without replacement of water, drainage or vent piping, the |
22 | relieving of frozen pipes or other minor replacement or repair |
23 | of existing plumbing fixtures. |
24 | "Plumbing services." The installation, maintenance, |
25 | extension, erection, repair or alteration of piping, plumbing |
26 | fixtures, plumbing appliances and plumbing apparatus in |
27 | connection with sanitary drainage, storm facilities and building |
28 | sewers to the facility's or sewer's final connection to an |
29 | approved point of disposal, venting systems, public and private |
30 | water supply systems of a premises or building within the |
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1 | property line and to the final connection with an approved |
2 | supply system. The term also includes the installation, |
3 | maintenance, extension, erection, repair or alteration of |
4 | piping, plumbing fixtures and plumbing apparatus used for storm |
5 | facilities and building sewers, liquid waste or sewage. |
6 | CHAPTER 3 |
7 | BOARD |
8 | Section 301. State Board of Plumbing Contractors. |
9 | (a) Establishment.--There is hereby established the State |
10 | Board of Plumbing Contractors within the department. |
11 | (b) Composition.--The board shall consist of the following: |
12 | (1) The Secretary of Labor and Industry or a designee. |
13 | (2) Two public members. |
14 | (3) Six professional members. Professional members shall |
15 | have been actively engaged in providing plumbing services in |
16 | this Commonwealth for at least ten years immediately |
17 | preceding appointment. Two professional members shall reside |
18 | in and be licensed as a plumber by a county of the first | <-- |
19 | class. One professional member shall reside in and be | <-- |
20 | licensed as a plumber by a county of the second class and the |
21 | other shall reside in a county of the third class. Three |
22 | professional members shall be subject to collective |
23 | bargaining agreements. Three professional members shall not |
24 | be subject to collective bargaining agreements. Except as set |
25 | forth in subsection (f), professional members shall be |
26 | licensed under this act as master plumbers. |
27 | (c) Meeting.--The board shall meet within 30 days after the |
28 | appointment of its first members and shall set up operating |
29 | procedures and develop application forms for licensure. It shall |
30 | be the responsibility of the board to circulate the forms and |
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1 | educate the public regarding the requirements of this act and |
2 | providing plumbing services in this Commonwealth. |
3 | (d) Term of membership.--Professional and public members |
4 | shall be appointed by the Governor with the advice and consent |
5 | of the Senate. Professional and public members shall be citizens |
6 | of the United States and residents of this Commonwealth. Except |
7 | as provided in subsection (e), professional and public members |
8 | shall serve a term of four years or until a successor has been |
9 | appointed and qualified but in no event longer than six months |
10 | beyond the four-year period. In the event that a member dies or |
11 | resigns or is otherwise disqualified during the term of office, |
12 | a successor shall be appointed in the same way and with the same |
13 | qualifications and shall hold office for the remainder of the |
14 | unexpired term. A professional or public member shall not be |
15 | eligible to hold more than two consecutive terms. |
16 | (e) Appointments.--For professional and public members |
17 | initially appointed to the board pursuant to this act, the term |
18 | of office shall be as follows: |
19 | (1) Five members shall serve for a term of four years. |
20 | (2) Two members shall serve for a term of three years. |
21 | (3) One member shall serve for a term of two years. |
22 | (f) Professional members and initial appointments.--A |
23 | professional member initially appointed to the board pursuant to |
24 | this act need not be licensed at the time of appointment but, at |
25 | the time of appointment, must have satisfied eligibility |
26 | requirements for licensure as provided in this act. |
27 | (g) Quorum.--A majority of the members of the board shall |
28 | constitute a quorum. Except for temporary and automatic |
29 | suspensions under section 705, a member may not be counted as |
30 | part of a quorum or vote on any issue unless the member is |
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1 | physically in attendance at the meeting. |
2 | (h) Chairman.--The board shall select annually a chairman |
3 | from among its members. |
4 | (i) Expenses.--With the exception of the secretary, each |
5 | member of the board shall receive $60 per diem when actually |
6 | attending to the work of the board. A member shall also receive |
7 | the amount of reasonable traveling, hotel and other necessary |
8 | expenses incurred in the performance of the member's duties in |
9 | accordance with Commonwealth regulations. |
10 | (j) Forfeiture.--A professional or public member who fails |
11 | to attend three consecutive meetings shall forfeit the member's |
12 | seat unless the secretary, upon written request from the member, |
13 | finds that the member should be excused from a meeting because |
14 | of illness or the death of a family member. |
15 | (k) (Reserved). |
16 | (l) Frequency of meetings.--The board shall meet at least |
17 | four times a year in the City of Harrisburg and at such |
18 | additional times as may be necessary to conduct the business of |
19 | the board. |
20 | Section 302. Powers and duties of board. |
21 | (a) General rule.--The board shall have the following powers |
22 | and duties: |
23 | (1) To provide for and regulate the licensing of |
24 | individuals engaged in providing plumbing services. |
25 | (2) To issue, renew, reinstate, fail to renew, suspend |
26 | and revoke licenses as provided for in this act. |
27 | (3) To administer and enforce the provisions of this |
28 | act. |
29 | (4) To approve professional testing organizations to |
30 | administer tests to qualified applicants for licensure as |
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1 | provided in this act. Written, oral or practical examinations |
2 | shall be prepared and administered by a qualified and |
3 | approved professional testing organization approved by the |
4 | board. |
5 | (5) To investigate applications for licensure and to |
6 | determine the eligibility of an individual applying for |
7 | licensure under this act. | <-- |
8 | (6) To promulgate and enforce regulations, not |
9 | inconsistent with this act, as necessary only to carry into |
10 | effect the provisions of this act. This paragraph includes |
11 | the setting of fees. Regulations shall be adopted in |
12 | conformity with the provisions of the act of July 31, 1968 |
13 | (P.L.769, No.240), referred to as the Commonwealth Documents |
14 | Law, and the act of June 25, 1982 (P.L.633, No.181), known as |
15 | the Regulatory Review Act. |
16 | (7) To keep minutes and records of all its proceedings. |
17 | (8) To keep and maintain a registry of individuals |
18 | licensed by the board. The board shall provide access to the |
19 | registry to the public, including making the registry |
20 | available on a publicly accessible Internet website. The |
21 | registry shall contain the home improvement contractor |
22 | registration number required by the act of October 17, 2008 |
23 | (P.L.1645, No.132), known as the Home Improvement Consumer |
24 | Protection Act, and provide access information for the |
25 | website containing registration information if the contractor |
26 | is required to be registered as a residential home |
27 | improvement contractor. |
28 | (9) To submit annually to the department an estimate of |
29 | financial requirements of the board for its administrative, |
30 | legal and other expenses. |
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1 | (10) To submit annually a report to the Consumer |
2 | Protection and Professional Licensure Committee of the Senate |
3 | and the Professional Licensure Committee of the House of |
4 | Representatives. The report shall include a description of |
5 | the types of complaints received, the status of cases, the |
6 | action which has been taken and the length of time from |
7 | initial complaint to final resolution. |
8 | (11) To submit annually to the Appropriations Committee |
9 | of the Senate and the Appropriations Committee of the House |
10 | of Representatives, 15 days after the Governor has submitted |
11 | a budget to the General Assembly, a copy of the budget |
12 | request for the upcoming fiscal year which the board |
13 | previously submitted to the department. |
14 | CHAPTER 5 |
15 | LICENSURE |
16 | Section 501. Licensure. |
17 | (a) General rule.--An individual may not provide plumbing | <-- |
18 | services, offer himself for employment as an individual who may |
19 | provide plumbing services or hold himself out as an individual | <-- |
20 | authorized to perform plumbing services apprentice plumber, | <-- |
21 | journeyman plumber or master plumber unless licensed by the |
22 | board. |
23 | (b) Business entities.--An individual, corporation, |
24 | partnership, firm or other entity shall not: | <-- |
25 | (1) Employ an individual to provide plumbing services or |
26 | direct an individual to provide plumbing services unless the |
27 | individual is licensed under this act. |
28 | (2) Use use the term "licensed plumbing contractor" in | <-- |
29 | connection with the entity unless at least one employee or |
30 | the owner of the entity is licensed as a master plumber in |
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1 | accordance with this act. |
2 | (c) Title.--An individual who holds a license as a master |
3 | plumber or is maintained on inactive status pursuant to section |
4 | 505(b) shall have the right to use the title "licensed plumbing |
5 | contractor" and the abbreviation "L.P.C." No other individual |
6 | shall use the title "licensed plumbing contractor" or the |
7 | abbreviation "L.P.C." Except as provided in subsection (d), no | <-- |
8 | individual shall hold himself out as being authorized to provide |
9 | plumbing services. |
10 | (d) Exceptions.--The following exceptions apply: |
11 | (1) A journeyman plumber or an apprentice plumber may |
12 | hold himself out as being authorized to perform plumbing |
13 | services if the journeyman plumber or the apprentice plumber |
14 | works under the direction and supervision of a master |
15 | plumber. |
16 | (2) An individual who is not in the business of |
17 | providing plumbing services and who performs minor repairs in |
18 | a residence shall not be required to obtain a license under |
19 | this act. |
20 | (e) Responsibility.--A licensed plumbing contractor shall |
21 | assume full responsibility for inspection of plumbing services |
22 | irrespective of whether the plumbing services were performed by |
23 | the licensed plumbing contractor or by a journeyman plumber or |
24 | an apprentice plumber working under the direction and |
25 | supervision of the licensed plumbing contractor. In addition, |
26 | the licensed plumbing contractor shall direct and supervise |
27 | plumbing services performed by a journeyman plumber or an |
28 | apprentice plumber. This subsection includes the responsibility |
29 | of the licensed plumbing contractor to ensure conformance with |
30 | (d) Responsibility.--A licensed plumbing contractor shall | <-- |
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1 | assume full responsibility to ensure conformance with safety |
2 | standards and applicable plumbing codes, including plumbing |
3 | codes for first class counties and second class counties as |
4 | provided under the act of November 10, 1999 (P.L.491, No.45), |
5 | known as the Pennsylvania Construction Code Act. |
6 | (e) Additional licensure requirements.--Nothing in this act | <-- |
7 | shall prohibit first or second class counties from imposing |
8 | plumbing licensure requirements in addition to the provisions of |
9 | this act. |
10 | Section 502. Qualifications. |
11 | (a) Master plumber.--To be eligible to apply for licensure |
12 | as a master plumber, an applicant must fulfill the following |
13 | requirements: |
14 | (1) Be at least 18 years of age. |
15 | (2) Submit proof satisfactory to the board that the |
16 | applicant has provided plumbing services for not less than |
17 | five years prior to application. Of the five years' |
18 | experience, five years shall have been as a master plumber or |
19 | one year shall have been as a journeyman plumber and four |
20 | years shall have been as an apprentice plumber. In lieu of |
21 | the five years' experience provided in this paragraph, an |
22 | applicant may submit proof of the applicant's experience |
23 | satisfactory to the board that the individual has sufficient |
24 | training and experience to sit for the examination. |
25 | (3) Pay the fee set by the board. |
26 | (4) Pass the examination provided by the board. |
27 | (5) Provide a current certificate of liability insurance |
28 | in the amount of $500,000. |
29 | (b) Journeyman plumber.--To be eligible for licensure as a |
30 | journeyman plumber, an applicant must fulfill the following |
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1 | requirements: |
2 | (1) Be of good moral character. |
3 | (2) Be at least 18 years of age. |
4 | (3) Submit proof satisfactory to the board that the |
5 | applicant has provided plumbing services for not less than |
6 | four years as a journeyman or an apprentice plumber or has |
7 | served 8,000 hours as an apprentice plumber and has |
8 | satisfactorily completed at least 576 hours of related |
9 | technical education at an accredited school. |
10 | (4) Pay the fee set by the board. |
11 | (5) Pass the examination provided by the board. |
12 | (c) Additional requirement.--In addition to passing the |
13 | examination set forth in subsection (a)(4) or (b)(5), an |
14 | individual applying for licensure as a master plumber or a |
15 | journeyman plumber who provides or will provide plumbing |
16 | services in either a first class county or a second class county |
17 | must pass an examination on the plumbing code of the first class |
18 | county or the second class county, as appropriate. |
19 | (d) Apprentice plumber.--To be eligible for licensure as an |
20 | apprentice plumber, an applicant shall fulfill the following |
21 | requirements: |
22 | (1) Be at least 16 years of age. |
23 | (2) Register with the Department of Labor and Industry |
24 | as set forth in the act of July 14, 1961 (P.L.604, No.304), |
25 | known as The Apprenticeship and Training Act. The apprentice |
26 | plumber shall submit proof of current registration to the |
27 | board. |
28 | (3) Pay the fee set by the board. |
29 | (e) Renewal of license of apprentice plumber.--In the case |
30 | of an apprentice plumber applying for renewal of a license where |
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1 | registration under subsection (d)(2) has expired or otherwise |
2 | lapsed before the biennial renewal cycle will expire, the |
3 | apprentice plumber shall submit evidence satisfactory to the |
4 | board that the apprentice plumber has renewed registration to |
5 | the board. Failure to notify the board within 30 days that |
6 | registration has expired or otherwise lapsed shall subject the |
7 | apprentice plumber to disciplinary action. In the case of an |
8 | apprentice plumber whose registration has expired or otherwise |
9 | lapsed, the license shall be immediately placed in inactive |
10 | status by the board. The board shall promulgate regulations in |
11 | order to carry out the provisions of this subsection, including |
12 | regulations setting forth the evidence necessary to demonstrate |
13 | renewal of registration. |
14 | (f) Waiver of examination.--Notwithstanding the provisions |
15 | of subsections (a)(4) and (b)(5), the board shall grant a |
16 | license to an individual applying to become either a master |
17 | plumber or a journeyman plumber without examination if the |
18 | individual meets all of the following requirements: |
19 | (1) The individual applies within 18 months of the |
20 | effective date of this section. |
21 | (2) The individual meets the requirements of age and | <-- |
22 | character and pays the required fee. |
23 | (3) For an individual applying for a license as a master |
24 | plumber under this subsection, the individual submits proof |
25 | satisfactory to the board of any of the following: |
26 | (i) Five years of prior experience immediately |
27 | preceding application providing plumbing services within |
28 | this Commonwealth. |
29 | (ii) Five consecutive years of possession of a |
30 | current business license as a plumber from a municipality |
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1 | or other agency recognized by the respective county and |
2 | the board where applicable. |
3 | (iii) Successful completion of a test administered |
4 | by the respective county or city on the plumbing code of | <-- |
5 | either the county or city of the first class or a county |
6 | or city of the county of the first or second class or a | <-- |
7 | county or city of the third class, as appropriate to |
8 | working as a licensee in those specific counties or |
9 | cities. |
10 | (4) For an individual applying for a license as a |
11 | journeyman plumber under this subsection, the individual |
12 | submits proof satisfactory to the board of: |
13 | (i) Four years of prior experience immediately |
14 | preceding the application for licensure providing |
15 | plumbing services under the supervision of an individual |
16 | licensed as a plumber by a municipality or other agency |
17 | recognized by the board. |
18 | (ii) Successful completion of a test administered by |
19 | the respective county or city on the plumbing code of | <-- |
20 | either the county or city of the first class or a county |
21 | or city of the of the first or second class or a county | <-- |
22 | or city of the third class, as appropriate to working as |
23 | a licensee in those specific counties or cities. |
24 | (g) Convictions prohibited.--The board shall not issue a |
25 | license to an individual who has been convicted of a felonious |
26 | act prohibited by the act of April 14, 1972 (P.L.233, No.64), |
27 | known as The Controlled Substance, Drug, Device and Cosmetic |
28 | Act, or convicted of a felony relating to a controlled substance |
29 | in a court of law of the United States or any other state, |
30 | territory or country unless all of the following have occurred: | <-- |
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1 | (1) At least five years have elapsed from the date of |
2 | conviction. |
3 | (2) The individual satisfactorily demonstrates to the |
4 | board that he has made significant progress in personal |
5 | rehabilitation since the conviction such that licensure of |
6 | the individual should not be expected to create a substantial |
7 | risk of harm to the health and safety of the public or a |
8 | substantial risk of further criminal violations. |
9 | (3) The individual otherwise satisfies the |
10 | qualifications provided in this act. An individual's |
11 | statement on the application declaring the absence of a |
12 | conviction shall be deemed satisfactory evidence of the |
13 | absence of a conviction unless the board has some evidence to |
14 | the contrary. |
15 | Section 503. Continuing education. |
16 | (a) Regulations.--The board shall adopt, promulgate and |
17 | enforce rules and regulations consistent with the provisions of |
18 | this act establishing continuing education to be met by |
19 | individuals licensed as master plumbers and journeyman plumbers. |
20 | Regulations shall include any fees necessary for the board to |
21 | carry out its responsibilities under this section. The board may |
22 | waive all or part of the continuing education requirement for a |
23 | master plumber or a journeyman plumber who shows evidence |
24 | satisfactory to the board that the individual was unable to |
25 | complete the requirement due to illness, emergency, military |
26 | service or other hardship. All courses, materials, locations and |
27 | instructors shall be approved by the board. No credit shall be |
28 | given for a course in office management or practice building. |
29 | (b) Requirement.--Beginning with the licensure period |
30 | designated by regulation, an individual applying for renewal of |
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1 | a license as a master plumber or a journeyman plumber shall be |
2 | required to obtain 10 hours of continuing education during the |
3 | two calendar years immediately preceding the application for |
4 | renewal. |
5 | Section 504. Plumbing contractors in other states. |
6 | (a) Reciprocity established.--Subject to subsections (b) and |
7 | (c), the board may issue a license without examination to an |
8 | individual who is licensed as a master plumber or journeyman |
9 | plumber in any other state, territory or possession of the |
10 | United States if all of the following requirements are met: |
11 | (1) The individual meets the requirements as to |
12 | character and age. |
13 | (2) The individual pays the required fee. |
14 | (3) The individual demonstrates to the satisfaction of |
15 | the board that the individual meets the experience |
16 | requirement for master plumbers and journeyman plumbers, as |
17 | appropriate. |
18 | (4) The individual provides evidence satisfactory to the |
19 | board that the individual has passed an examination in |
20 | another jurisdiction demonstrating knowledge of a plumbing |
21 | code. |
22 | (b) Requirement.--For an individual to be eligible to apply |
23 | for a license as a master plumber or a journeyman plumber under |
24 | subsection (a), the other state, territory or possession of the |
25 | United States must provide an opportunity for reciprocal |
26 | licensure which is substantially similar to the opportunity |
27 | provided by the Commonwealth under this section. |
28 | (c) Counties of the first or second class.--An individual |
29 | applying for a license as a master plumber or journeyman plumber |
30 | under subsection (a) who provides or will provide plumbing |
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1 | services in either a county of the first class or a county of |
2 | the second class must pass an examination administered by the | <-- |
3 | respective county on the plumbing code of either the county of |
4 | the first class or the county of the second class, as |
5 | appropriate shall further be subject to any licensure | <-- |
6 | requirement of the respective county. |
7 | Section 505. Duration of license. |
8 | (a) Duration of license.--A license issued pursuant to this |
9 | act shall be on a biennial basis. The biennial expiration date |
10 | shall be established by the board. Application for renewal of a |
11 | license shall biennially be forwarded to an individual holding a |
12 | current license prior to the expiration date of the current |
13 | biennium. For individuals applying for licensure as an |
14 | apprentice plumber, the application form must indicate whether |
15 | registration as an apprentice under the act of July 14, 1961 |
16 | (P.L.604, No.304), known as The Apprenticeship and Training Act, |
17 | has expired or otherwise lapsed before the biennial renewal |
18 | cycle will expire. |
19 | (b) Inactive status.--An individual licensed under this act |
20 | may request an application for inactive status. The application |
21 | form may be completed and returned to the board. Upon receipt of |
22 | an application, the individual shall be maintained on inactive |
23 | status without fee and shall be entitled to apply for a |
24 | licensure renewal at any time. An individual who requests the |
25 | board to activate the license of the individual and who has been |
26 | on inactive status shall, prior to receiving an active license, |
27 | satisfy the requirements of the board's regulations regarding |
28 | continuing education and remit the required fee. In the case of |
29 | an apprentice plumber who is placed on inactive status pursuant |
30 | to section 502(e), the apprentice plumber shall provide evidence |
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1 | to the board of renewal of registration before the board may |
2 | activate the license. The board shall promulgate regulations to |
3 | carry into effect the provisions of this subsection. |
4 | Section 506. Reporting of multiple licensure. |
5 | A licensee who is also licensed to perform plumbing services |
6 | in any other state, municipality, territory or possession of the | <-- |
7 | United States shall report this information to the board on the |
8 | biennial registration application. Any disciplinary action taken |
9 | in another state, municipality, territory, possession of the | <-- |
10 | United States or country shall be reported to the board on the |
11 | biennial registration application or within 90 days of final |
12 | disposition, whichever is sooner. Multiple licensure shall be |
13 | noted by the board on the individual's record, and such state, |
14 | municipality, territory, possession or country shall be notified | <-- |
15 | by the board of any disciplinary action taken against the |
16 | licensee in this Commonwealth. |
17 | Section 507. Prohibition. |
18 | This act shall not prohibit the installation, modification or |
19 | replacement of propane-related systems or appliances by the |
20 | owner, principal or employee of a propane distributor if the |
21 | propane distributor is registered with the department under the |
22 | act of June 19, 2002 (P.L.421, No.61), known as the Propane and |
23 | Liquefied Petroleum Gas Act, and with the Attorney General under |
24 | the act of October 17, 2008 (P.L.1645, No.132), known as the |
25 | Home Improvement Consumer Protection Act. |
26 | CHAPTER 7 |
27 | ADMINISTRATION AND ENFORCEMENT |
28 | Section 701. Fees, fines and civil penalties. |
29 | (a) Fees.--All fees required under this act shall be fixed |
30 | by the board by regulation and shall be subject to the act of |
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1 | June 25, 1982 (P.L.633, No.181), known as the Regulatory Review |
2 | Act. If the revenues raised by the fees, fines and civil |
3 | penalties imposed under this act are not sufficient to meet |
4 | expenditures over a two-year period, the board shall increase |
5 | those fees by regulation so that projected revenues will meet or |
6 | exceed projected expenditures. |
7 | (b) Fee increase.--If the department determines that the |
8 | fees established by the board under subsection (a) are |
9 | inadequate to meet the minimum enforcement efforts required by |
10 | this act, then the department, after consultation with the board |
11 | and subject to the Regulatory Review Act, shall increase the |
12 | fees by regulation in an amount such that adequate revenues are |
13 | raised to meet the required enforcement effort. |
14 | (c) Account.--A restricted account is hereby created in the |
15 | State Treasury which shall be known as the Plumbing Contractors |
16 | Licensure Account. Beginning July 1, 2010 2011, and thereafter, | <-- |
17 | all moneys collected by the State Board of Plumbing Contractors |
18 | shall be paid into the Plumbing Contractors Licensure Account. |
19 | Funds in this account are hereby appropriated upon approval of |
20 | the Governor for payment of the costs of processing licenses and |
21 | renewals and for other general costs of board operations. |
22 | (d) Renewal fee.--The board may charge a fee, as set by the |
23 | board by regulation, for licensure, for renewing licensure and |
24 | for other administrative actions by the board as permitted by |
25 | this act or by regulation. |
26 | Section 702. Violations. |
27 | (a) General rule.--An individual or the responsible officers |
28 | or employees of a corporation, partnership, firm or other entity |
29 | violating a provision of this act or a regulation of the board |
30 | commits a misdemeanor and shall, upon conviction, be sentenced |
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1 | to pay a fine of not more than $1,000 or to imprisonment for not |
2 | more than six months for the first violation. For the second and |
3 | each subsequent conviction, the person shall be sentenced to pay |
4 | a fine of not more than $2,000 or to imprisonment for not less |
5 | than six months or more than one year, or both. |
6 | (b) Civil penalty.--In addition to any other civil remedy or |
7 | criminal penalty provided for in this act, the board, by a vote |
8 | of the majority of the maximum number of the authorized |
9 | membership of the board as provided by law or by a vote of the |
10 | majority of the duly qualified and confirmed membership or a |
11 | minimum of five members, whichever is greater, may levy a civil |
12 | penalty of up to $10,000 on any of the following: |
13 | (1) A licensee who violates a provision of this act. |
14 | (2) An individual who performs plumbing services in | <-- |
15 | violation of this act. |
16 | (3) An individual who holds himself out as an individual |
17 | authorized to perform plumbing services |
18 | (2) An individual or firm that holds himself or itself | <-- |
19 | out as an apprentice plumber, journeyman plumber, master |
20 | plumber or licensed plumbing contractor without being |
21 | properly licensed as provided in this act. |
22 | (4) (3) The responsible officers or employees of a | <-- |
23 | corporation, partnership, firm or other entity violating a |
24 | provision of this act. |
25 | (c) Procedure.--The board shall levy the civil penalty set |
26 | forth in subsection (b) only after affording the accused the |
27 | opportunity for a hearing as provided in 2 Pa.C.S. (relating to |
28 | administrative law and procedure). |
29 | Section 703. Refusal, suspension or revocation of license. |
30 | (a) General rule.--The board may refuse to issue, suspend or |
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1 | revoke a license in a case where the board finds: |
2 | (1) The licensee is or has been negligent or incompetent |
3 | in the performance of plumbing services. |
4 | (2) The licensee is or has been unable to perform |
5 | plumbing services with reasonable skill and safety by reason |
6 | of mental or physical illness or condition or physiological |
7 | or psychological dependence upon alcohol, hallucinogenic or |
8 | narcotic drugs or other drugs which tend to impair judgment |
9 | or coordination, so long as such dependence shall continue. |
10 | In enforcing this paragraph, the board shall, upon probable |
11 | cause, have authority to compel a licensee to submit to a |
12 | mental or physical examination as designated by it. After |
13 | notice, hearing, adjudication and appeal, failure of a |
14 | licensee to submit to such examination when directed shall |
15 | constitute an admission of the allegations unless failure is |
16 | due to circumstances beyond the licensee's control, |
17 | consequent upon which a default and final order may be |
18 | entered without the taking of testimony or presentation of |
19 | evidence. A licensee affected under this paragraph shall at |
20 | reasonable intervals be afforded the opportunity to |
21 | demonstrate that he can resume competent, safe and skillful |
22 | performance of plumbing services. |
23 | (3) The licensee has violated any of the provisions of |
24 | this act or a regulation of the board. |
25 | (4) The licensee has committed fraud or deceit in: |
26 | (i) the performance of plumbing services; or |
27 | (ii) securing licensure. |
28 | (5) The board shall not issue a license to an individual |
29 | who has been convicted of a felonious act prohibited by the |
30 | act of April 14, 1972 (P.L.233, No.64), known as The |
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1 | Controlled Substance, Drug, Device and Cosmetic Act, or |
2 | convicted of a felony relating to a controlled substance in a |
3 | court of law of the United States or any other state, |
4 | territory or country unless: |
5 | (i) At least five years have elapsed from the date |
6 | of conviction. |
7 | (ii) The individual satisfactorily demonstrates to |
8 | the board that he has made significant progress in |
9 | personal rehabilitation since the conviction such that |
10 | licensure of the individual should not be expected to |
11 | create a substantial risk of harm to the health and |
12 | safety of the public or a substantial risk of further |
13 | criminal violations. |
14 | (iii) The individual otherwise satisfies the |
15 | qualifications provided in this act. An individual's |
16 | statement on the application declaring the absence of a |
17 | conviction shall be deemed satisfactory evidence of the |
18 | absence of a conviction unless the board has some |
19 | evidence to the contrary. |
20 | (6) The licensee has had the licensee's license |
21 | suspended or revoked or has received other disciplinary |
22 | action by the proper licensing authority in another state, |
23 | territory or possession of the United States or country. |
24 | (7) (Reserved). |
25 | (8) With respect to a master plumber, the master plumber |
26 | failed to properly direct and supervise a journeyman plumber |
27 | or apprentice plumber or failed to properly inspect plumbing | <-- |
28 | services. This paragraph includes failure to ensure |
29 | compliance with safety standards and applicable plumbing |
30 | codes. |
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1 | (9) (Reserved). |
2 | (10) (Reserved). |
3 | (11) The licensee falsely advertised or made misleading, |
4 | deceptive, untrue or fraudulent material representations |
5 | regarding licensure or in the performance of plumbing |
6 | services. |
7 | (12) Unless waived by the board in accordance with |
8 | section 503, the licensee failed to satisfy the continuing |
9 | education requirements of this act. |
10 | (b) Acts authorized.--When the board finds that the license |
11 | of an individual may be refused, revoked or suspended pursuant |
12 | to subsection (a), the board may: |
13 | (1) Deny the application for a license. |
14 | (2) Administer a public reprimand. |
15 | (3) Revoke, suspend, limit or otherwise restrict a |
16 | license. |
17 | (4) Suspend enforcement of its finding and place a |
18 | licensee on probation with the right to vacate the |
19 | probationary order for noncompliance. |
20 | (5) Restore or reissue, in its discretion, a suspended |
21 | license and impose any disciplinary or corrective measure |
22 | which it might originally have imposed. |
23 | Section 704. Suspensions and revocations. |
24 | A suspension or revocation shall be made only in accordance |
25 | with the regulations of the board and only by majority vote of |
26 | the members of the board after a full and fair hearing. An |
27 | action of the board shall be taken subject to the right of |
28 | notice, hearing and adjudication, and the right of appeal, in |
29 | accordance with the provisions of 2 Pa.C.S. (relating to |
30 | administrative law and procedure). The board, by majority action |
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1 | and in accordance with its regulations, may reissue a license |
2 | which has been suspended. If a license has been revoked, the |
3 | board shall reissue a license only in accordance with section |
4 | 706. |
5 | Section 705. Temporary and automatic suspensions. |
6 | (a) General rule.--A license issued under this act may be |
7 | temporarily suspended under circumstances determined by the |
8 | board to be an immediate and clear danger to public health or |
9 | safety or property. The board shall issue an order to that |
10 | effect without a hearing, but upon due notice, to the licensee |
11 | concerned at the licensee's last known address, which shall |
12 | include a written statement of all allegations against the |
13 | licensee. The provisions of section 704 shall not apply to |
14 | temporary suspension. The board shall commence formal action to |
15 | suspend, revoke or restrict the license of the individual as |
16 | otherwise provided for in this act. All actions shall be taken |
17 | promptly and without delay. Within 30 days following the |
18 | issuance of an order temporarily suspending a license, the board |
19 | shall conduct or cause to be conducted a preliminary hearing to |
20 | determine that there is a prima facie case supporting the |
21 | suspension. The individual whose license has been temporarily |
22 | suspended may be present at the preliminary hearing and may be |
23 | represented by counsel, cross-examine witnesses, inspect |
24 | physical evidence, call witnesses, offer evidence and testimony |
25 | and make a record of the proceedings. If it is determined that |
26 | there is not a prima facie case, the suspended license shall be |
27 | immediately restored. The temporary suspension shall remain in |
28 | effect until vacated by the board, but in no event longer than |
29 | 180 days. |
30 | (b) Commitment of licensee.--A license issued under this act |
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1 | shall automatically be suspended upon the legal commitment of a |
2 | licensee to an institution because of mental incompetency from |
3 | any cause upon filing with the board a certified copy of such |
4 | commitment, conviction of a felony under the act of April 14, |
5 | 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, |
6 | Device and Cosmetic Act, or conviction of an offense under the |
7 | laws of another jurisdiction, which, if committed in |
8 | Pennsylvania, would be a felony under The Controlled Substance, |
9 | Drug, Device and Cosmetic Act. Automatic suspension under this |
10 | subsection shall not be stayed pending an appeal of a |
11 | conviction. Restoration of the license shall be made as provided |
12 | in the case of revocation or suspension of a license. |
13 | Section 706. Reinstatement of license. |
14 | Unless ordered to do so by the Commonwealth Court or an |
15 | appeal therefrom, the board shall not reinstate the license of |
16 | an individual which has been revoked. An individual whose |
17 | license has been revoked may reapply for a license, after a |
18 | period of at least five years, but must meet all of the |
19 | licensing requirements of this act. |
20 | Section 707. Surrender of suspended or revoked license. |
21 | The board shall require an individual whose license has been |
22 | suspended or revoked to return the license in such manner as the |
23 | board directs. Failure to do so, and upon conviction thereof, |
24 | shall be a misdemeanor of the third degree. |
25 | Section 708. Injunction. |
26 | Whenever, in the judgment of the board, a person has engaged |
27 | in an act or practice which constitutes or will constitute a |
28 | violation of this act, the board or its agents may make |
29 | application to the appropriate court for an order enjoining such |
30 | act or practice. Upon a showing by the board that the person has |
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1 | engaged or is about to engage in such act or practice, an |
2 | injunction, restraining order or such order, as may be |
3 | appropriate, may be granted by the court. The remedy by |
4 | injunction is in addition to any other civil or criminal |
5 | penalty. |
6 | Section 709. Subpoenas and oaths. |
7 | (a) Authority granted.--The board shall have the authority |
8 | to issue subpoenas, upon application of an attorney responsible |
9 | for representing the Commonwealth in disciplinary matters before |
10 | the board, for the purpose of investigating alleged violations |
11 | of the act or regulation of the board. The board shall have the |
12 | power to subpoena witnesses, to administer oaths, to examine |
13 | witnesses and to take such testimony or compel the production of |
14 | such books, records, papers and documents as it may deem |
15 | necessary or proper in and pertinent to any proceeding, |
16 | investigation or hearing held or had by it. The board is |
17 | authorized to apply to Commonwealth Court to enforce its |
18 | subpoenas. The court may impose limitations in the scope of the |
19 | subpoena as are necessary to prevent unnecessary intrusion into |
20 | client confidential information. |
21 | (b) Disciplinary matters.--An attorney responsible for |
22 | representing the Commonwealth in disciplinary matters before the |
23 | board shall notify the board immediately upon receiving |
24 | notification of an alleged violation of this act or a regulation |
25 | of the board. The board shall maintain current record of all |
26 | reported alleged violations and periodically review the records |
27 | for the purpose of determining that each alleged violation has |
28 | been resolved in a timely manner. |
29 | CHAPTER 21 |
30 | MISCELLANEOUS PROVISIONS |
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1 | Section 2101. Municipalities. |
2 | (a) Municipal licensed licenses not required and | <-- |
3 | exceptions.--Licensure under this act shall be acceptable to a |
4 | municipality or public entity in this Commonwealth, except as to | <-- |
5 | a county of the first or second class, as proof of competence to |
6 | perform plumbing services, and no municipality, other than a | <-- |
7 | county of the first or second class, may require an individual |
8 | licensed under this act to obtain an additional license to |
9 | perform plumbing services. |
10 | (b) Certain powers preserved.--Nothing in this act shall be |
11 | construed to prevent a municipality from doing any of the |
12 | following: |
13 | (1) Inspecting plumbing services or regulating the |
14 | manner in which plumbing services are performed in compliance |
15 | with the current Commonwealth plumbing code or applicable |
16 | municipal plumbing code. |
17 | (2) Levying lawful taxes and fees. |
18 | (3) Requiring the purchase of a business privilege |
19 | license that is unrelated to demonstrating competence in the |
20 | performance of plumbing services. |
21 | (4) Denying or revoking local permits for failure to |
22 | comply with ordinances. |
23 | (c) Plumbing construction standards.--Nothing in this act |
24 | authorizes the board or a municipality to adopt plumbing |
25 | construction standards except within the relevant provisions of |
26 | the act of November 10, 1999 (P.L.491, No.45), known as the |
27 | Pennsylvania Construction Code Act. Nothing in this act |
28 | authorizes the board or a municipality to adopt a standard or |
29 | regulation of propane, propane distributors or installation of |
30 | propane-related systems or appliances which differs or conflicts |
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1 | with sections 15 and 16 of the act of June 19, 2002 (P.L.421, |
2 | No.61), known as the Propane and Liquefied Petroleum Gas Act. |
3 | Section 2102. Appropriation. |
4 | The sum of $85,000, or as much thereof as may be necessary, |
5 | is hereby appropriated to the Department of Labor and Industry |
6 | for the payment of costs associated with processing licenses and |
7 | renewing licenses, for the operation of the board and for other |
8 | costs associated with this act. The appropriation shall be |
9 | repaid by the department within three years of the beginning of |
10 | issuance of licenses by the board. |
11 | Section 2103. Regulations. |
12 | Within 18 months of the effective date of this section, the |
13 | board shall begin to promulgate regulations to carry out this |
14 | act. |
15 | Section 2104. Effective date. |
16 | This act shall take effect as follows: |
17 | (1) Section 501 shall take effect in one year. |
18 | (2) This section shall take effect immediately. |
19 | (3) The remainder of this act shall take effect in 60 |
20 | days. |
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