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