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