Bill Text: PA SB288 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Providing for plumbing contractors licensure; establishing the State Board of Plumbing Contractors and providing for its powers and duties; conferring powers and imposing duties on the Department of Labor and Industry; establishing fees, fines and civil penalties; creating the Plumbing Contractors Licensure Account; and making an appropriation.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-09-29 - Re-referred to APPROPRIATIONS [SB288 Detail]

Download: Pennsylvania-2009-SB288-Amended.html

---

PRIOR PRINTER'S NO. 290 PRINTER'S NO. 1864
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 288 Session of2009
INTRODUCED BY ERICKSON, TARTAGLIONE, GREENLEAF, WAUGH, O'PAKE, LOGAN AND WASHINGTON, FEBRUARY 20, 2009
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, APRIL 19, 2010
AN ACT
Providing for plumbing contractors licensure; establishing the
State Board of Plumbing Contractors and providing for its
powers and duties; conferring powers and imposing duties on
the Department of Labor and Industry; establishing fees,
fines and civil penalties; creating the Plumbing Contractors
Licensure Account; and making an appropriation.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Board
Section 301. State Board of Plumbing Contractors.
Section 302. Powers and duties of board.
Chapter 5. Licensure
Section 501. Licensure.
Section 502. Qualifications.
Section 503. Continuing education.
Section 504. Plumbing contractors in other states.
Section 505. Duration of license.
Section 506. Reporting of multiple licensure.
Section 507. Prohibition. <--
Chapter 7. Administration and Enforcement
Section 701. Fees, fines and civil penalties.
Section 702. Violations.
Section 703. Refusal, suspension or revocation of license.
Section 704. Suspensions and revocations.
Section 705. Temporary and automatic suspensions.
Section 706. Reinstatement of license.
Section 707. Surrender of suspended or revoked license.
Section 708. Injunction.
Section 709. Subpoenas and oaths.
Chapter 21. Miscellaneous Provisions
Section 2101. Municipalities.
Section 2102. Appropriation.
Section 2103. Regulations.
Section 2104. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Plumbing
Contractors Licensure Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Apprentice plumber." An individual who is registered as an
apprentice under the act of July 14, 1961 (P.L.604, No.304),
20090SB0288PN1864 - 2 -
known as The Apprenticeship and Training Act, and who is
licensed by the State Board of Plumbing Contractors as an
individual whose principle occupation is learning and assisting
in the performance of plumbing services.
"Board." The State Board of Plumbing Contractors.
"Conviction." The term includes a judgment, an admission of
guilt or a plea of nolo contendere.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Journeyman plumber." An individual who is licensed by the
State Board of Plumbing Contractors to assist a master plumber
with the performance of plumbing services.
"Master plumber" or "licensed plumbing contractor." An
individual who has been licensed by the State Board of Plumbing
Contractors and who is authorized to perform plumbing services
and to supervise plumbing services provided by an apprentice
plumber or a journeyman plumber.
"Minor repairs." The repair of an existing plumbing fixture,
including the replacement of faucets or valves or parts of
faucets or valves, the clearance of stoppages, the stopping of
leaks without replacement of water, drainage or vent piping, the
relieving of frozen pipes or other minor replacement or repair
of existing plumbing fixtures.
"Plumbing services." The installation, maintenance,
extension, erection, repair or alteration of piping, plumbing
fixtures, plumbing appliances and plumbing apparatus in
connection with sanitary drainage, storm facilities and building
sewers to the facility's or sewer's final connection to an
approved point of disposal, venting systems, public and private
water supply systems of a premises or building within the
20090SB0288PN1864 - 3 -
property line and to the final connection with an approved
supply system. The term also includes the installation,
maintenance, extension, erection, repair or alteration of
piping, plumbing fixtures and plumbing apparatus used for storm
facilities and building sewers, liquid waste or sewage.
CHAPTER 3
BOARD
Section 301. State Board of Plumbing Contractors.
(a) Establishment.--There is hereby established the State
Board of Plumbing Contractors within the department.
(b) Composition.--The board shall consist of the following:
(1) The Secretary of Labor and Industry or a designee.
(2) Two public members.
(3) Six professional members. Professional members shall
have been actively engaged in providing plumbing services in
this Commonwealth for at least ten years immediately
preceding appointment. Two professional members shall reside
in a county of the first class. One professional member shall
reside in a county of the second class and the other shall <--
reside in a county of the third class. Three professional
members shall be subject to collective bargaining agreements.
Three professional members shall not be subject to collective
bargaining agreements. Except as set forth in subsection (f),
professional members shall be licensed under this act as
master plumbers.
(c) Meeting.--The board shall meet within 30 days after the
appointment of its first members and shall set up operating
procedures and develop application forms for licensure. It shall
be the responsibility of the board to circulate the forms and
educate the public regarding the requirements of this act and
20090SB0288PN1864 - 4 -
providing plumbing services in this Commonwealth.
(d) Term of membership.--Professional and public members
shall be appointed by the Governor with the advice and consent
of the Senate. Professional and public members shall be citizens
of the United States and residents of this Commonwealth. Except
as provided in subsection (e), professional and public members
shall serve a term of four years or until a successor has been
appointed and qualified but in no event longer than six months
beyond the four-year period. In the event that a member dies or
resigns or is otherwise disqualified during the term of office,
a successor shall be appointed in the same way and with the same
qualifications and shall hold office for the remainder of the
unexpired term. A professional or public member shall not be
eligible to hold more than two consecutive terms.
(e) Appointments.--For professional and public members
initially appointed to the board pursuant to this act, the term
of office shall be as follows:
(1) Five members shall serve for a term of four years.
(2) Two members shall serve for a term of three years.
(3) One member shall serve for a term of two years.
(f) Professional members and initial appointments.--A
professional member initially appointed to the board pursuant to
this act need not be licensed at the time of appointment but, at
the time of appointment, must have satisfied eligibility
requirements for licensure as provided in this act.
(g) Quorum.--A majority of the members of the board shall
constitute a quorum. Except for temporary and automatic
suspensions under section 705, a member may not be counted as
part of a quorum or vote on any issue unless the member is
physically in attendance at the meeting.
20090SB0288PN1864 - 5 -
(h) Chairman.--The board shall select annually a chairman
from among its members.
(i) Expenses.--With the exception of the secretary, each
member of the board shall receive $60 per diem when actually
attending to the work of the board. A member shall also receive
the amount of reasonable traveling, hotel and other necessary
expenses incurred in the performance of the member's duties in
accordance with Commonwealth regulations.
(j) Forfeiture.--A professional or public member who fails
to attend three consecutive meetings shall forfeit the member's
seat unless the secretary, upon written request from the member,
finds that the member should be excused from a meeting because
of illness or the death of a family member.
(k) (Reserved).
(l) Frequency of meetings.--The board shall meet at least
four times a year in the City of Harrisburg and at such
additional times as may be necessary to conduct the business of
the board.
Section 302. Powers and duties of board.
(a) General rule.--The board shall have the following powers
and duties:
(1) To provide for and regulate the licensing of
individuals engaged in providing plumbing services.
(2) To issue, renew, reinstate, fail to renew, suspend
and revoke licenses as provided for in this act.
(3) To administer and enforce the provisions of this
act.
(4) To approve professional testing organizations to
administer tests to qualified applicants for licensure as
provided in this act. Written, oral or practical examinations
20090SB0288PN1864 - 6 -
shall be prepared and administered by a qualified and
approved professional testing organization approved by the
board.
(5) To investigate applications for licensure and to
determine the eligibility of an individual applying for
licensure.
(6) To promulgate and enforce regulations, not
inconsistent with this act, as necessary only to carry into
effect the provisions of this act. This paragraph includes
the setting of fees. Regulations shall be adopted in
conformity with the provisions of the act of July 31, 1968
(P.L.769, No.240), referred to as the Commonwealth Documents
Law, and the act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(7) To keep minutes and records of all its proceedings.
(8) To keep and maintain a registry of individuals
licensed by the board. The board shall provide access to the
registry to the public, including making the registry
available on a publicly accessible Internet website. The <--
registry shall contain the home improvement contractor
registration number required by the act of October 17, 2008
(P.L.1645, No.132), known as the Home Improvement Consumer
Protection Act, and provide access information for the
website containing registration information if the contractor
is required to be registered as a residential home
improvement contractor.
(9) To submit annually to the department an estimate of
financial requirements of the board for its administrative,
legal and other expenses.
(10) To submit annually a report to the Consumer
20090SB0288PN1864 - 7 -
Protection and Professional Licensure Committee of the Senate
and the Professional Licensure Committee of the House of
Representatives. The report shall include a description of
the types of complaints received, the status of cases, the
action which has been taken and the length of time from
initial complaint to final resolution.
(11) To submit annually to the Appropriations Committee
of the Senate and the Appropriations Committee of the House
of Representatives, 15 days after the Governor has submitted
a budget to the General Assembly, a copy of the budget
request for the upcoming fiscal year which the board
previously submitted to the department.
CHAPTER 5
LICENSURE
Section 501. Licensure.
(a) General rule.--An individual may not provide plumbing
services, offer himself for employment as an individual who may
provide plumbing services or hold himself out as an individual
authorized to perform plumbing services unless licensed by the
board.
(b) Business entities.--An individual, corporation,
partnership, firm or other entity shall not:
(1) Employ an individual to provide plumbing services or
direct an individual to provide plumbing services unless the
individual is licensed under this act.
(2) Use the term "licensed plumbing contractor" in
connection with the entity unless at least one employee or
the owner of the entity is licensed as a master plumber in
accordance with this act.
(c) Title.--An individual who holds a license as a master
20090SB0288PN1864 - 8 -
plumber or is maintained on inactive status pursuant to section
505(b) shall have the right to use the title "licensed plumbing
contractor" and the abbreviation "L.P.C." No other individual
shall use the title "licensed plumbing contractor" or the
abbreviation "L.P.C." Except as provided in subsection (d), no
individual shall hold himself out as being authorized to provide
plumbing services.
(d) Exceptions.--The following exceptions apply:
(1) A journeyman plumber or an apprentice plumber may
hold himself out as being authorized to perform plumbing
services if the journeyman plumber or the apprentice plumber
works under the direction and supervision of a master
plumber.
(2) An individual who is not in the business of
providing plumbing services and who performs minor repairs in
a residence shall not be required to obtain a license under
this act.
(e) Responsibility.--A licensed plumbing contractor shall
assume full responsibility for inspection of plumbing services
irrespective of whether the plumbing services were performed by
the licensed plumbing contractor or by a journeyman plumber or
an apprentice plumber working under the direction and
supervision of the licensed plumbing contractor. In addition,
the licensed plumbing contractor shall direct and supervise
plumbing services performed by a journeyman plumber or an
apprentice plumber. This subsection includes the responsibility
of the licensed plumbing contractor to ensure conformance with
safety standards and applicable plumbing codes, including
plumbing codes for first class counties and second class
counties as provided under the act of November 10, 1999 <--
20090SB0288PN1864 - 9 -
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act.
Section 502. Qualifications.
(a) Master plumber.--To be eligible to apply for licensure
as a master plumber, an applicant must fulfill the following
requirements:
(1) Be of good moral character. <--
(2) Be at least 18 years of age.
(3) (2) Submit proof satisfactory to the board that the <--
applicant has provided plumbing services for not less than
five years prior to application. Of the five years'
experience, five years shall have been as a master plumber or
one year shall have been as a journeyman plumber and four
years shall have been as an apprentice plumber. In lieu of
the five years' experience provided in this paragraph, an
applicant may submit proof of the applicant's experience
satisfactory to the board that the individual has sufficient
training and experience to sit for the examination.
(4) (3) Pay the fee set by the board. <--
(5) (4) Pass the examination provided by the board. <--
(6) (5) Provide a current certificate of liability <--
insurance in the amount of $500,000.
(b) Journeyman plumber.--To be eligible for licensure as a
journeyman plumber, an applicant must fulfill the following
requirements:
(1) Be of good moral character.
(2) Be at least 18 years of age.
(3) Submit proof satisfactory to the board that the
applicant has provided plumbing services for not less than
four years as a journeyman or an apprentice plumber or has
20090SB0288PN1864 - 10 -
served 8,000 hours as an apprentice plumber and has
satisfactorily completed at least 576 hours of related
technical education at an accredited school.
(4) Pay the fee set by the board.
(5) Pass the examination provided by the board.
(c) Additional requirement.--In addition to passing the
examination set forth in subsection (a)(5) (a)(4) or (b)(5), an <--
individual applying for licensure as a master plumber or a
journeyman plumber who provides or will provide plumbing
services in either a first class county or a second class county
must pass an examination on the plumbing code of the first class
county or the second class county, as appropriate.
(d) Apprentice plumber.--To be eligible for licensure as an
apprentice plumber, an applicant shall fulfill the following
requirements:
(1) Be of good moral character.
(2) Be at least 16 years of age.
(3) Register with the Department of Labor and Industry
as set forth in the act of July 14, 1961 (P.L.604, No.304),
known as The Apprenticeship and Training Act. The apprentice
plumber shall submit proof of current registration to the
board.
(4) Pay the fee set by the board.
(e) Renewal of license of apprentice plumber.--In the case
of an apprentice plumber applying for renewal of a license where
registration under subsection (d)(3) has expired or otherwise
lapsed before the biennial renewal cycle will expire, the
apprentice plumber shall submit evidence satisfactory to the
board that the apprentice plumber has renewed registration to
the board. Failure to notify the board within 30 days that
20090SB0288PN1864 - 11 -
registration has expired or otherwise lapsed shall subject the
apprentice plumber to disciplinary action. In the case of an
apprentice plumber whose registration has expired or otherwise
lapsed, the license shall be immediately placed in inactive
status by the board. The board shall promulgate regulations in
order to carry out the provisions of this subsection, including
regulations setting forth the evidence necessary to demonstrate
renewal of registration.
(f) Waiver of examination.--Notwithstanding the provisions
of subsections (a)(5) and (b)(5), the board may shall grant a <--
license to an individual applying to become either a master
plumber or a journeyman plumber without examination if the
individual meets all of the following requirements:
(1) The individual applies within one year 18 months of <--
the effective date of this section.
(2) The individual meets the requirements of age and
character and pays the required fee.
(3) For an individual applying for a license as a master
plumber under this subsection, the individual submits proof
satisfactory to the board of any of the following:
(i) Five years of prior experience immediately
preceding application providing plumbing services within
this Commonwealth.
(ii) Five consecutive years of possession of a
current business license as a plumber from a municipality
or other agency recognized by the respective county and
the board where applicable.
(iii) Successful completion of a test administered
by the respective county or city on the plumbing code of <--
either the county or city of the first class or a county <--
20090SB0288PN1864 - 12 -
or city of the second class or a county or city of the <--
third class, as appropriate to working as a licensee in
those specific counties or cities. <--
(4) For an individual applying for a license as a
journeyman plumber under this subsection, the individual
submits proof satisfactory to the board of:
(i) Four years of prior experience immediately
preceding the application for licensure providing
plumbing services under the supervision of an individual
licensed as a plumber by a municipality or other agency
recognized by the board.
(ii) Successful completion of a test administered by
the respective county or city on the plumbing code of <--
either the county or city of the first class or a county <--
or city of the second class or a county or city of the <--
third class, as appropriate to working as a licensee in
those specific counties or cities. <--
(g) Convictions prohibited.--The board shall not issue a
license to an individual who has been convicted of a felonious
act prohibited by the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act, or convicted of a felony relating to a controlled substance
in a court of law of the United States or any other state,
territory or country unless:
(1) At least five years have elapsed from the date of
conviction.
(2) The individual satisfactorily demonstrates to the
board that he has made significant progress in personal
rehabilitation since the conviction such that licensure of
the individual should not be expected to create a substantial
20090SB0288PN1864 - 13 -
risk of harm to the health and safety of the public or a
substantial risk of further criminal violations.
(3) The individual otherwise satisfies the
qualifications provided in this act. An individual's
statement on the application declaring the absence of a
conviction shall be deemed satisfactory evidence of the
absence of a conviction unless the board has some evidence to
the contrary.
Section 503. Continuing education.
(a) Regulations.--The board shall adopt, promulgate and
enforce rules and regulations consistent with the provisions of
this act establishing continuing education to be met by
individuals licensed as master plumbers and journeyman plumbers.
Regulations shall include any fees necessary for the board to
carry out its responsibilities under this section. The board may
waive all or part of the continuing education requirement for a
master plumber or a journeyman plumber who shows evidence
satisfactory to the board that the individual was unable to
complete the requirement due to illness, emergency, military
service or other hardship. All courses, materials, locations and
instructors shall be approved by the board. No credit shall be
given for a course in office management or practice building.
(b) Requirement.--Beginning with the licensure period
designated by regulation, an individual applying for renewal of
a license as a master plumber or a journeyman plumber shall be
required to obtain 10 hours of continuing education during the
two calendar years immediately preceding the application for
renewal.
Section 504. Plumbing contractors in other states.
(a) Reciprocity established.--Subject to subsections (b) and
20090SB0288PN1864 - 14 -
(c), the board may issue a license without examination to an
individual who is licensed as a master plumber or journeyman
plumber in any other state, territory or possession of the
United States if all of the following requirements are met:
(1) The individual meets the requirements as to
character and age.
(2) The individual pays the required fee.
(3) The individual demonstrates to the satisfaction of
the board that the individual meets the experience
requirement for master plumbers and journeyman plumbers, as
appropriate.
(4) The individual provides evidence satisfactory to the
board that the individual has passed an examination in
another jurisdiction demonstrating knowledge of a plumbing
code.
(b) Requirement.--For an individual to be eligible to apply
for a license as a master plumber or a journeyman plumber under
subsection (a), the other state, territory or possession of the
United States must provide an opportunity for reciprocal
licensure which is substantially similar to the opportunity
provided by the Commonwealth under this section.
(c) Counties of the first or second class.--An individual
applying for a license as a master plumber or journeyman plumber
under subsection (a) who provides or will provide plumbing
services in either a county of the first class or a county of
the second class must pass an examination administered by the
respective county on the plumbing code of either the county of
the first class or the county of the second class, as
appropriate.
Section 505. Duration of license.
20090SB0288PN1864 - 15 -
(a) Duration of license.--A license issued pursuant to this
act shall be on a biennial basis. The biennial expiration date
shall be established by the board. Application for renewal of a
license shall biennially be forwarded to an individual holding a
current license prior to the expiration date of the current
biennium. For individuals applying for licensure as an
apprentice plumber, the application form must indicate whether
registration as an apprentice under the act of July 14, 1961
(P.L.604, No.304), known as The Apprenticeship and Training Act,
has expired or otherwise lapsed before the biennial renewal
cycle will expire.
(b) Inactive status.--An individual licensed under this act
may request an application for inactive status. The application
form may be completed and returned to the board. Upon receipt of
an application, the individual shall be maintained on inactive
status without fee and shall be entitled to apply for a
licensure renewal at any time. An individual who requests the
board to activate the license of the individual and who has been
on inactive status shall, prior to receiving an active license,
satisfy the requirements of the board's regulations regarding
continuing education and remit the required fee. In the case of
an apprentice plumber who is placed on inactive status pursuant
to section 502(e), the apprentice plumber shall provide evidence
to the board of renewal of registration before the board may
activate the license. The board shall promulgate regulations to
carry into effect the provisions of this subsection.
Section 506. Reporting of multiple licensure.
A licensee who is also licensed to perform plumbing services
in any other state, territory or possession of the United States
shall report this information to the board on the biennial
20090SB0288PN1864 - 16 -
registration application. Any disciplinary action taken in
another state, territory, possession of the United States or
country shall be reported to the board on the biennial
registration application or within 90 days of final disposition,
whichever is sooner. Multiple licensure shall be noted by the
board on the individual's record, and such state, territory,
possession or country shall be notified by the board of any
disciplinary action taken against the licensee in this
Commonwealth.
Section 507. Prohibition. <--
This act shall not prohibit the installation, modification or
replacement of propane-related systems or appliances by the
owner, principal or employee of a propane distributor if the
propane distributor is registered with the department under the
act of June 19, 2002 (P.L.421, No.61), known as the Propane and
Liquefied Petroleum Gas Act, and with the Attorney General under
the act of October 17, 2008 (P.L.1645, No.132), known as the
Home Improvement Consumer Protection Act.
CHAPTER 7
ADMINISTRATION AND ENFORCEMENT
Section 701. Fees, fines and civil penalties.
(a) Fees.--All fees required under this act shall be fixed
by the board by regulation and shall be subject to the act of
June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
Act. If the revenues raised by the fees, fines and civil
penalties imposed under this act are not sufficient to meet
expenditures over a two-year period, the board shall increase
those fees by regulation so that projected revenues will meet or
exceed projected expenditures.
(b) Fee increase.--If the department determines that the
20090SB0288PN1864 - 17 -
fees established by the board under subsection (a) are
inadequate to meet the minimum enforcement efforts required by
this act, then the department, after consultation with the board
and subject to the Regulatory Review Act, shall increase the
fees by regulation in an amount such that adequate revenues are
raised to meet the required enforcement effort.
(c) Account.--A restricted account is hereby created in the
State Treasury which shall be known as the Plumbing Contractors
Licensure Account. Beginning July 1, 2010, and thereafter, all
moneys collected by the State Board of Plumbing Contractors
shall be paid into the Plumbing Contractors Licensure Account.
Funds in this account are hereby appropriated upon approval of
the Governor for payment of the costs of processing licenses and
renewals and for other general costs of board operations.
(d) Renewal fee.--The board may charge a fee, as set by the
board by regulation, for licensure, for renewing licensure and
for other administrative actions by the board as permitted by
this act or by regulation.
Section 702. Violations.
(a) General rule.--An individual or the responsible officers
or employees of a corporation, partnership, firm or other entity
violating a provision of this act or a regulation of the board
commits a misdemeanor and shall, upon conviction, be sentenced
to pay a fine of not more than $1,000 or to imprisonment for not
more than six months for the first violation. For the second and
each subsequent conviction, the person shall be sentenced to pay
a fine of not more than $2,000 or to imprisonment for not less
than six months or more than one year, or both.
(b) Civil penalty.--In addition to any other civil remedy or
criminal penalty provided for in this act, the board, by a vote
20090SB0288PN1864 - 18 -
of the majority of the maximum number of the authorized
membership of the board as provided by law or by a vote of the
majority of the duly qualified and confirmed membership or a
minimum of five members, whichever is greater, may levy a civil
penalty of up to $10,000 on any of the following:
(1) A licensee who violates a provision of this act.
(2) An individual who performs plumbing services in
violation of this act.
(3) An individual who holds himself out as an individual
authorized to perform plumbing services without being
properly licensed as provided in this act.
(4) The responsible officers or employees of a
corporation, partnership, firm or other entity violating a
provision of this act.
(c) Procedure.--The board shall levy the civil penalty set
forth in subsection (b) only after affording the accused the
opportunity for a hearing as provided in 2 Pa.C.S. (relating to
administrative law and procedure).
Section 703. Refusal, suspension or revocation of license.
(a) General rule.--The board may refuse to issue, suspend or
revoke a license in a case where the board finds:
(1) The licensee is or has been negligent or incompetent
in the performance of plumbing services.
(2) The licensee is or has been unable to perform
plumbing services with reasonable skill and safety by reason
of mental or physical illness or condition or physiological
or psychological dependence upon alcohol, hallucinogenic or
narcotic drugs or other drugs which tend to impair judgment
or coordination, so long as such dependence shall continue.
In enforcing this paragraph, the board shall, upon probable
20090SB0288PN1864 - 19 -
cause, have authority to compel a licensee to submit to a
mental or physical examination as designated by it. After
notice, hearing, adjudication and appeal, failure of a
licensee to submit to such examination when directed shall
constitute an admission of the allegations unless failure is
due to circumstances beyond the licensee's control,
consequent upon which a default and final order may be
entered without the taking of testimony or presentation of
evidence. A licensee affected under this paragraph shall at
reasonable intervals be afforded the opportunity to
demonstrate that he can resume competent, safe and skillful
performance of plumbing services.
(3) The licensee has violated any of the provisions of
this act or a regulation of the board.
(4) The licensee has committed fraud or deceit in:
(i) the performance of plumbing services; or
(ii) securing licensure.
(5) The board shall not issue a license to an individual
who has been convicted of a felonious act prohibited by the
act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or
convicted of a felony relating to a controlled substance in a
court of law of the United States or any other state,
territory or country unless:
(i) At least five years have elapsed from the date
of conviction.
(ii) The individual satisfactorily demonstrates to
the board that he has made significant progress in
personal rehabilitation since the conviction such that
licensure of the individual should not be expected to
20090SB0288PN1864 - 20 -
create a substantial risk of harm to the health and
safety of the public or a substantial risk of further
criminal violations.
(iii) The individual otherwise satisfies the
qualifications provided in this act. An individual's
statement on the application declaring the absence of a
conviction shall be deemed satisfactory evidence of the
absence of a conviction unless the board has some
evidence to the contrary.
(6) The licensee has had the licensee's license
suspended or revoked or has received other disciplinary
action by the proper licensing authority in another state,
territory or possession of the United States or country.
(7) (Reserved).
(8) With respect to a master plumber, the master plumber
failed to properly direct and supervise a journeyman plumber
or apprentice plumber or failed to properly inspect plumbing
services. This paragraph includes failure to ensure
compliance with safety standards and applicable plumbing
codes.
(9) (Reserved).
(10) (Reserved).
(11) The licensee falsely advertised or made misleading,
deceptive, untrue or fraudulent material representations
regarding licensure or in the performance of plumbing
services.
(12) Unless waived by the board in accordance with
section 503, the licensee failed to satisfy the continuing
education requirements of this act.
(b) Acts authorized.--When the board finds that the license
20090SB0288PN1864 - 21 -
of an individual may be refused, revoked or suspended pursuant
to subsection (a), the board may:
(1) Deny the application for a license.
(2) Administer a public reprimand.
(3) Revoke, suspend, limit or otherwise restrict a
license.
(4) Suspend enforcement of its finding and place a
licensee on probation with the right to vacate the
probationary order for noncompliance.
(5) Restore or reissue, in its discretion, a suspended
license and impose any disciplinary or corrective measure
which it might originally have imposed.
Section 704. Suspensions and revocations.
A suspension or revocation shall be made only in accordance
with the regulations of the board and only by majority vote of
the members of the board after a full and fair hearing. An
action of the board shall be taken subject to the right of
notice, hearing and adjudication, and the right of appeal, in
accordance with the provisions of 2 Pa.C.S. (relating to
administrative law and procedure). The board, by majority action
and in accordance with its regulations, may reissue a license
which has been suspended. If a license has been revoked, the
board shall reissue a license only in accordance with section
706.
Section 705. Temporary and automatic suspensions.
(a) General rule.--A license issued under this act may be
temporarily suspended under circumstances determined by the
board to be an immediate and clear danger to public health or
safety or property. The board shall issue an order to that
effect without a hearing, but upon due notice, to the licensee
20090SB0288PN1864 - 22 -
concerned at the licensee's last known address, which shall
include a written statement of all allegations against the
licensee. The provisions of section 704 shall not apply to
temporary suspension. The board shall commence formal action to
suspend, revoke or restrict the license of the individual as
otherwise provided for in this act. All actions shall be taken
promptly and without delay. Within 30 days following the
issuance of an order temporarily suspending a license, the board
shall conduct or cause to be conducted a preliminary hearing to
determine that there is a prima facie case supporting the
suspension. The individual whose license has been temporarily
suspended may be present at the preliminary hearing and may be
represented by counsel, cross-examine witnesses, inspect
physical evidence, call witnesses, offer evidence and testimony
and make a record of the proceedings. If it is determined that
there is not a prima facie case, the suspended license shall be
immediately restored. The temporary suspension shall remain in
effect until vacated by the board, but in no event longer than
180 days.
(b) Commitment of licensee.--A license issued under this act
shall automatically be suspended upon the legal commitment of a
licensee to an institution because of mental incompetency from
any cause upon filing with the board a certified copy of such
commitment, conviction of a felony under the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or conviction of an offense under the
laws of another jurisdiction, which, if committed in
Pennsylvania, would be a felony under The Controlled Substance,
Drug, Device and Cosmetic Act. Automatic suspension under this
subsection shall not be stayed pending an appeal of a
20090SB0288PN1864 - 23 -
conviction. Restoration of the license shall be made as provided
in the case of revocation or suspension of a license.
Section 706. Reinstatement of license.
Unless ordered to do so by the Commonwealth Court or an
appeal therefrom, the board shall not reinstate the license of
an individual which has been revoked. An individual whose
license has been revoked may reapply for a license, after a
period of at least five years, but must meet all of the
licensing requirements of this act.
Section 707. Surrender of suspended or revoked license.
The board shall require an individual whose license has been
suspended or revoked to return the license in such manner as the
board directs. Failure to do so, and upon conviction thereof,
shall be a misdemeanor of the third degree.
Section 708. Injunction.
Whenever, in the judgment of the board, a person has engaged
in an act or practice which constitutes or will constitute a
violation of this act, the board or its agents may make
application to the appropriate court for an order enjoining such
act or practice. Upon a showing by the board that the person has
engaged or is about to engage in such act or practice, an
injunction, restraining order or such order, as may be
appropriate, may be granted by the court. The remedy by
injunction is in addition to any other civil or criminal
penalty.
Section 709. Subpoenas and oaths.
(a) Authority granted.--The board shall have the authority
to issue subpoenas, upon application of an attorney responsible
for representing the Commonwealth in disciplinary matters before
the board, for the purpose of investigating alleged violations
20090SB0288PN1864 - 24 -
of the act or regulation of the board. The board shall have the
power to subpoena witnesses, to administer oaths, to examine
witnesses and to take such testimony or compel the production of
such books, records, papers and documents as it may deem
necessary or proper in and pertinent to any proceeding,
investigation or hearing held or had by it. The board is
authorized to apply to Commonwealth Court to enforce its
subpoenas. The court may impose limitations in the scope of the
subpoena as are necessary to prevent unnecessary intrusion into
client confidential information.
(b) Disciplinary matters.--An attorney responsible for
representing the Commonwealth in disciplinary matters before the
board shall notify the board immediately upon receiving
notification of an alleged violation of this act or a regulation
of the board. The board shall maintain current record of all
reported alleged violations and periodically review the records
for the purpose of determining that each alleged violation has
been resolved in a timely manner.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. Municipalities.
(a) Municipal licensed not required.--Licensure under this
act shall be acceptable to a municipality or public entity in <--
this Commonwealth as proof of competence to perform plumbing
services and no municipality may require an individual licensed
under this act to obtain an additional license to perform
plumbing services.
(b) Certain powers preserved.--Nothing in this act shall be
construed to prevent a municipality from doing any of the
following:
20090SB0288PN1864 - 25 -
(1) Inspecting plumbing services or regulating the
manner in which plumbing services are performed in compliance
with the current Commonwealth plumbing code or applicable
municipal plumbing code.
(2) Levying lawful taxes and fees.
(3) Requiring the purchase of a business privilege
license that is unrelated to demonstrating competence in the
performance of plumbing services.
(4) Denying or revoking local permits for failure to
comply with ordinances.
(c) Plumbing construction standards.--Nothing in this act <--
authorizes the board or a municipality to adopt plumbing
construction standards except within the relevant provisions of
the act of November 10, 1999 (P.L.491, No.45), known as the
Pennsylvania Construction Code Act. Nothing in this act
authorizes the board or a municipality to adopt a standard or
regulation of propane, propane distributors or installation of
propane-related systems or appliances which differs or conflicts
with sections 15 and 16 of the act of June 19, 2002 (P.L.421,
No.61), known as the Propane and Liquefied Petroleum Gas Act.
Section 2102. Appropriation.
The sum of $85,000, or as much thereof as may be necessary,
is hereby appropriated to the Department of Labor and Industry
for the payment of costs associated with processing licenses and
renewing licenses, for the operation of the board and for other
costs associated with this act. The appropriation shall be
repaid by the department within three years of the beginning of
issuance of licenses by the board.
Section 2103. Regulations.
Within 18 months of the effective date of this section, the
20090SB0288PN1864 - 26 -
board shall begin to promulgate regulations to carry out this
act.
Section 2104. Effective date.
This act shall take effect as follows:
(1) Section 501 shall take effect in one year.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
20090SB0288PN1864 - 27 -