PRINTER'S NO. 769
No. 660 Session of 2007
INTRODUCED BY ERICKSON, FONTANA, GREENLEAF AND BOSCOLA, MARCH 29, 2007
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 29, 2007
AN ACT 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; and making an appropriation. 6 TABLE OF CONTENTS 7 Chapter 1. Preliminary Provisions 8 Section 101. Short title. 9 Section 102. Definitions. 10 Chapter 3. Board 11 Section 301. State Board of Plumbing Contractors. 12 Section 302. Powers and duties of board. 13 Chapter 5. Licensure 14 Section 501. Licensure. 15 Section 502. Qualifications. 16 Section 503. Continuing education. 17 Section 504. Plumbing contractors in other states. 18 Section 505. Duration of license. 19 Section 506. Reporting of multiple licensure.
1 Chapter 7. Administration and Enforcement 2 Section 701. Fees, fines and civil penalties. 3 Section 702. Violations. 4 Section 703. Refusal, suspension or revocation of license. 5 Section 704. Suspensions and revocations. 6 Section 705. Temporary and automatic suspensions. 7 Section 706. Reinstatement of license. 8 Section 707. Surrender of suspended or revoked license. 9 Section 708. Injunction. 10 Section 709. Subpoenas and oaths. 11 Chapter 21. Miscellaneous Provisions 12 Section 2101. Municipalities. 13 Section 2102. Appropriation. 14 Section 2103. Regulations. 15 Section 2104. Severability. 16 Section 2105. 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 20070S0660B0769 - 2 -
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 20070S0660B0769 - 3 -
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 20070S0660B0769 - 4 -
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. The board, with the approval of the 20070S0660B0769 - 5 -
1 commissioner, shall select and fix the compensation of an 2 executive secretary who shall be responsible for the day-to-day 3 operation of the board and administration of the board's 4 activities. 5 (i) Expenses.--With the exception of the commissioner, each 6 member of the board shall receive $60 per diem when actually 7 attending to the work of the board. A member shall also receive 8 the amount of reasonable traveling, hotel and other necessary 9 expenses incurred in the performance of the member's duties in 10 accordance with Commonwealth regulations. 11 (j) Forfeiture.--A professional or public member who fails 12 to attend three consecutive meetings shall forfeit the member's 13 seat unless the commissioner, upon written request from the 14 member, finds that the member should be excused from a meeting 15 because of illness or the death of a family member. 16 (k) Training seminars.--A public member who fails to attend 17 two consecutive statutorily mandated training seminars in 18 accordance with section 813(e) of the act of April 9, 1929 19 (P.L.177, No.175), known as The Administrative Code of 1929, 20 shall forfeit the member's seat unless the commissioner, upon 21 written request from the public member, finds that the public 22 member should be excused from a meeting because of illness or 23 the death of a family member. 24 (l) Frequency of meetings.--The board shall meet at least 25 four times a year in the City of Harrisburg and at such 26 additional times as may be necessary to conduct the business of 27 the board. 28 Section 302. Powers and duties of board. 29 (a) General rule.--The board shall have the following powers 30 and duties: 20070S0660B0769 - 6 -
1 (1) To provide for and regulate the licensing of 2 individuals engaged in providing plumbing services. 3 (2) To issue, renew, reinstate, fail to renew, suspend 4 and revoke licenses as provided for in this act. 5 (3) To administer and enforce the provisions of this 6 act. 7 (4) To contract with a professional testing organization 8 to administer tests to qualified applicants for licensure as 9 provided in this act. Written, oral or practical examinations 10 shall be prepared and administered by a qualified and 11 approved professional testing organization in the manner 12 prescribed for written examinations by section 812.1 of the 13 act of April 9, 1929 (P.L.177, No.175), known as The 14 Administrative Code of 1929. 15 (5) To investigate applications for licensure and to 16 determine the eligibility of an individual applying for 17 licensure. 18 (6) To promulgate and enforce regulations, not 19 inconsistent with this act, as necessary only to carry into 20 effect the provisions of this act. This paragraph includes 21 the setting of fees and setting the amount of liability 22 insurance required by licensed plumbing contractors. 23 Regulations shall be adopted in conformity with the 24 provisions of the act of July 31, 1968 (P.L.769, No.240), 25 referred to as the Commonwealth Documents Law, and the act of 26 June 25, 1982 (P.L.633, No.181), known as the Regulatory 27 Review Act. 28 (7) To keep minutes and records of all its transactions 29 and proceedings. 30 (8) To keep and maintain a registry of individuals 20070S0660B0769 - 7 -
1 licensed by the board. The board shall provide access to the 2 registry to the public, including making the registry 3 available via electronic means. 4 (9) To submit annually to the department an estimate of 5 financial requirements of the board for its administrative, 6 legal and other expenses. 7 (10) To submit annually a report to the Consumer 8 Protection and Professional Licensure Committee of the Senate 9 and the Professional Licensure Committee of the House of 10 Representatives. The report shall include a description of 11 the types of complaints received, status of cases, the action 12 which has been taken and the length of time from initial 13 complaint to final resolution. 14 (11) To submit annually to the Appropriations Committee 15 of the Senate and the Appropriations Committee of the House 16 of Representatives, 15 days after the Governor has submitted 17 a budget to the General Assembly, a copy of the budget 18 request for the upcoming fiscal year which the board 19 previously submitted to the department. 20 CHAPTER 5 21 LICENSURE 22 Section 501. Licensure. 23 (a) General rule.--An individual may not provide plumbing 24 services, offer himself for employment as an individual who may 25 provide plumbing services or hold himself out as an individual 26 authorized to perform plumbing services unless licensed by the 27 board. 28 (b) Business entities.--An individual, corporation, 29 partnership, firm or other entity shall not: 30 (1) Employ an individual to provide plumbing services or 20070S0660B0769 - 8 -
1 direct an individual to provide plumbing services unless the 2 individual is licensed under this act. 3 (2) Use the term "licensed plumbing contractor" in 4 connection with the entity unless at least one employee or 5 the owner of the entity is licensed as a master plumber in 6 accordance with this act. 7 (c) Title.--An individual who holds a license as a master 8 plumber or is maintained on inactive status pursuant to section 9 505(b) shall have the right to use the title "licensed plumbing 10 contractor" and the abbreviation "L.P.C." No other individual 11 shall use the title "licensed plumbing contractor" or the 12 abbreviation "L.P.C." Except as provided in subsection (d), no 13 individual shall hold himself out as being authorized to provide 14 plumbing services. 15 (d) Exceptions.--The following exceptions apply: 16 (1) A journeyman plumber or an apprentice plumber may 17 hold himself out as being authorized to perform plumbing 18 services if the journeyman plumber or the apprentice plumber 19 work under the direction and supervision of a master plumber. 20 (2) An individual who performs minor repairs shall not 21 be required to obtain a license under this act. 22 (e) Responsibility.--A licensed plumbing contractor shall 23 assume full responsibility for inspection of plumbing services 24 irrespective of whether the plumbing services were performed by 25 the licensed plumbing contractor or by a journeyman plumber or 26 an apprentice plumber working under the direction and 27 supervision of the licensed plumbing contractor. In addition, 28 the licensed plumbing contractor shall direct and supervise 29 plumbing services performed by a journeyman plumber or an 30 apprentice plumber. This subsection includes the responsibility 20070S0660B0769 - 9 -
1 of the licensed plumbing contractor to ensure conformance with 2 safety standards and applicable plumbing codes, including 3 plumbing codes for first class counties and second class 4 counties. 5 Section 502. Qualifications. 6 (a) Master plumber.--To be eligible to apply for licensure 7 as a master plumber, an applicant must fulfill the following 8 requirements: 9 (1) Be of good moral character. 10 (2) Be at least 18 years of age. 11 (3) Submit proof satisfactory to the board that the 12 applicant has provided plumbing services for not less than 13 five years prior to application. Of the five years' 14 experience, one shall have been as a journeyman plumber and 15 four shall have been as an apprentice plumber. In lieu of the 16 five years' experience provided in this paragraph, an 17 applicant may submit proof satisfactory to the board, as 18 established by regulation of the board, that the individual 19 has sufficient training and experience to sit for the 20 examination. In no case shall an individual sit for the 21 examination without meeting one of the requirements of this 22 paragraph. 23 (4) Pay the fee set by the board. 24 (5) Pass the examination provided by the board. 25 (6) Provide satisfactory proof to the board of the 26 acquisition of professional liability insurance in the amount 27 set by the board. 28 (b) Journeyman plumber.--To be eligible for licensure as a 29 journeyman plumber, an applicant must fulfill the following 30 requirements: 20070S0660B0769 - 10 -
1 (1) Be of good moral character. 2 (2) Be at least 18 years of age. 3 (3) Submit proof satisfactory to the board that the 4 applicant has provided plumbing services for not less than 5 four years as an apprentice plumber or has served 8,000 hours 6 as an apprentice plumber and has satisfactorily completed at 7 least 576 hours of related technical education at an 8 accredited school. In no case shall an individual be allowed 9 to sit for the examination without meeting one of the 10 requirements of this paragraph. 11 (4) Pay the fee set by the board. 12 (5) Pass the examination provided by the board. 13 (c) Additional requirement.--In addition to passing the 14 examination set forth in subsection (a)(5) or (b)(5), an 15 individual applying for licensure as a master plumber or a 16 journeyman plumber who provides or will provide plumbing 17 services in either a first class county or a second class county 18 must pass an examination provided by the board on the plumbing 19 code of the first class county or the second class county, as 20 appropriate. 21 (d) Apprentice plumber.--To be eligible for licensure as an 22 apprentice plumber, an applicant shall fulfill the following 23 requirements: 24 (1) Be of good moral character. 25 (2) Be at least 16 years of age. 26 (3) Register with the Department of Labor and Industry 27 as set forth in the act of July 14, 1961 (P.L.604, No.304), 28 known as The Apprenticeship and Training Act. The apprentice 29 plumber shall submit proof of current registration to the 30 board. 20070S0660B0769 - 11 -
1 (4) Pay the fee set by the board. 2 (e) Renewal of license of apprentice plumber.--In the case 3 of an apprentice plumber applying for renewal of a license where 4 registration under subsection (d)(3) has expired or otherwise 5 lapsed before the biennial renewal cycle will expire, the 6 apprentice plumber shall submit evidence satisfactory to the 7 board that the apprentice plumber has renewed registration. 8 Failure to notify the board within 30 days that registration has 9 expired or otherwise lapsed shall subject the apprentice plumber 10 to disciplinary action. In the case of an apprentice plumber 11 whose registration has expired or otherwise lapsed, the license 12 shall be immediately placed in inactive status by the board. The 13 board shall promulgate regulations in order to carry out the 14 provisions of this subsection, including regulations setting 15 forth the evidence necessary to demonstrate renewal of 16 registration. 17 (f) Waiver of examination.--Notwithstanding the provisions 18 of subsections (a)(5) and (b)(5), the board may grant a license 19 to an individual applying to become either a master plumber or a 20 journeyman plumber without examination if: 21 (1) The individual applies within 180 days of the 22 effective date of this section. 23 (2) The individual meets the requirements of age and 24 character and pays the required fee. 25 (3) For an individual applying for a license as a master 26 plumber under this subsection, the individual submits proof 27 satisfactory to the board of: 28 (i) Five years of prior experience providing 29 plumbing services within this Commonwealth. 30 (ii) Possession of a current business license as a 20070S0660B0769 - 12 -
1 plumber from a municipality or other agency recognized by 2 the board. 3 (iii) Passage of an examination, acceptable to the 4 board, which tests knowledge of a plumbing code. 5 (4) For an individual applying for a license as a 6 journeyman plumber under this subsection, the individual 7 submits proof satisfactory to the board of: 8 (i) Four years of prior experience providing 9 plumbing services under the direction of an individual 10 licensed as a plumber by a municipality or other agency 11 recognized by the board. 12 (ii) Passage of an examination, acceptable to the 13 board, which tests knowledge of a plumbing code. 14 (g) Convictions prohibited.--The board shall not issue a 15 license to an individual who has been convicted of a felonious 16 act prohibited by the act of April 14, 1972 (P.L.233, No.64), 17 known as The Controlled Substance, Drug, Device and Cosmetic 18 Act, or convicted of a felony relating to a controlled substance 19 in a court of law of the United States or any other state, 20 territory or country unless: 21 (1) At least ten years have elapsed from the date of 22 conviction. 23 (2) The individual satisfactorily demonstrates to the 24 board that he has made significant progress in personal 25 rehabilitation since the conviction such that licensure of 26 the individual should not be expected to create a substantial 27 risk of harm to the health and safety of the public or a 28 substantial risk of further criminal violations. 29 (3) The individual otherwise satisfies the 30 qualifications provided in this act. An individual's 20070S0660B0769 - 13 -
1 statement on the application declaring the absence of a 2 conviction shall be deemed satisfactory evidence of the 3 absence of a conviction unless the board has some evidence to 4 the contrary. 5 Section 503. Continuing education. 6 (a) Regulations.--The board shall adopt, promulgate and 7 enforce rules and regulations consistent with the provisions of 8 this act establishing continuing education to be met by 9 individuals licensed as master plumbers and journeyman plumbers. 10 Regulations shall include any fees necessary for the board to 11 carry out its responsibilities under this section. The board may 12 waive all or part of the continuing education requirement for a 13 master plumber or a journeyman plumber who shows evidence 14 satisfactory to the board that the individual was unable to 15 complete the requirement due to illness, emergency, military 16 service or other hardship. All courses, materials, locations and 17 instructors shall be approved by the board. No credit shall be 18 given for a course in office management or practice building. 19 (b) Requirement.--Beginning with the licensure period 20 designated by regulation, an individual applying for renewal of 21 a license as a master plumber or a journeyman plumber shall be 22 required to obtain 10 hours of continuing education during the 23 two calendar years immediately preceding the application for 24 renewal. 25 Section 504. Plumbing contractors in other states. 26 (a) Reciprocity established.--Subject to subsections (b) and 27 (c), the board may issue a license without examination to an 28 individual who is licensed as a master plumber or journeyman 29 plumber in any other state, territory or possession of the 30 United States if all of the following requirements are met: 20070S0660B0769 - 14 -
1 (1) The individual meets the requirements as to 2 character, age and absence of convictions. 3 (2) The individual pays the required fee. 4 (3) The individual demonstrates to the satisfaction of 5 the board that the individual either meets or exceeds the 6 Commonwealth experience requirement for master plumbers and 7 journeyman plumbers, as appropriate. 8 (4) The individual provides evidence satisfactory to the 9 board that the individual has passed an examination 10 demonstrating knowledge of a plumbing code. 11 (b) Requirement.--For an individual to be eligible to apply 12 for a license as a master plumber or a journeyman plumber under 13 subsection (a), the other state, territory or possession of the 14 United States must provide an opportunity for reciprocal 15 licensure which is substantially similar to the opportunity 16 provided by the Commonwealth under this section. 17 (c) Counties of the first or second class.--An individual 18 applying for a license as a master plumber or journeyman plumber 19 under subsection (a) who provides or will provide plumbing 20 services in either a county of the first class or a county of 21 the second class must pass an examination provided by the board 22 on the plumbing code of either the county of the first class or 23 the county of the second class, as appropriate. 24 Section 505. Duration of license. 25 (a) Duration of license.--A license issued pursuant to this 26 act shall be on a biennial basis. The biennial expiration date 27 shall be established by regulation of the board. Application for 28 renewal of a license shall biennially be forwarded to an 29 individual holding a current license prior to the expiration 30 date of the current biennium. For individuals applying for 20070S0660B0769 - 15 -
1 licensure as an apprentice plumber, the application form must 2 indicate whether registration as an apprentice under the act of 3 July 14, 1961 (P.L.604, No.304), known as The Apprenticeship and 4 Training Act, has expired or otherwise lapsed before the 5 biennial renewal cycle will expire. 6 (b) Inactive status.--An individual licensed under this act 7 may request an application for inactive status. The application 8 form may be completed and returned to the board. Upon receipt of 9 an application, the individual shall be maintained on inactive 10 status without fee and shall be entitled to apply for a 11 licensure renewal at any time. An individual who requests the 12 board to activate the license of the individual and who has been 13 on inactive status shall, prior to receiving an active license, 14 satisfy the requirements of the board's regulations regarding 15 continuing education and remit the required fee. In the case of 16 an apprentice plumber who is placed on inactive status pursuant 17 to section 502(e), the apprentice plumber shall provide evidence 18 to the board of renewal of registration before the board may 19 activate the license. The board shall promulgate regulations to 20 carry into effect the provisions of this subsection. 21 Section 506. Reporting of multiple licensure. 22 A licensee who is also licensed to perform plumbing services 23 in any other state, territory, possession of the United States 24 or country shall report this information to the board on the 25 biennial registration application. Any disciplinary action taken 26 in another state, territory, possession of the United States or 27 country shall be reported to the board on the biennial 28 registration application or within 90 days of final disposition, 29 whichever is sooner. Multiple licensure shall be noted by the 30 board on the individual's record, and such state, territory, 20070S0660B0769 - 16 -
1 possession or country shall be notified by the board of any 2 disciplinary action taken against the licensee in this 3 Commonwealth. 4 CHAPTER 7 5 ADMINISTRATION AND ENFORCEMENT 6 Section 701. Fees, fines and civil penalties. 7 (a) Fees.--All fees required under this act shall be fixed 8 by the board by regulation and shall be subject to the act of 9 June 25, 1982 (P.L.633, No.181), known as the Regulatory Review 10 Act. If the revenues raised by the fees, fines and civil 11 penalties imposed under this act are not sufficient to meet 12 expenditures over a two-year period, the board shall increase 13 those fees by regulation so that projected revenues will meet or 14 exceed projected expenditures. 15 (b) Fee increase.--If the department determines that the 16 fees established by the board under subsection (a) are 17 inadequate to meet the minimum enforcement efforts required by 18 this act, then the department, after consultation with the board 19 and subject to the Regulatory Review Act, shall increase the 20 fees by regulation in an amount such that adequate revenues are 21 raised to meet the required enforcement effort. 22 (c) Account.--All fees, fines and civil penalties imposed in 23 accordance with this act shall be paid to the department. 24 (d) Renewal fee.--The board may charge a fee, as set by the 25 board by regulation, for licensure, for renewing licensure and 26 for other services of the board as permitted by this act or by 27 regulation. 28 Section 702. Violations. 29 (a) General rule.--An individual or the responsible officers 30 or employees of a corporation, partnership, firm or other entity 20070S0660B0769 - 17 -
1 violating a provision of this act or a regulation of the board 2 commits a misdemeanor and shall, upon conviction, be sentenced 3 to pay a fine of not more than $1,000 or to imprisonment for not 4 more than six months for the first violation. For the second and 5 each subsequent conviction, the person shall be sentenced to pay 6 a fine of not more than $2,000 or to imprisonment for not less 7 than six months or more than one year, or both. 8 (b) Civil penalty.--In addition to any other civil remedy or 9 criminal penalty provided for in this act, the board, by a vote 10 of the majority of the maximum number of the authorized 11 membership of the board as provided by law or by a vote of the 12 majority of the duly qualified and confirmed membership or a 13 minimum of five members, whichever is greater, may levy a civil 14 penalty of up to $1,000 on any of the following: 15 (1) A licensee who violates a provision of this act. 16 (2) An individual who performs plumbing services in 17 violation of this act. 18 (3) An individual who holds himself out as an individual 19 authorized to perform plumbing services without being 20 properly licensed as provided in this act. 21 (4) The responsible officers or employees of a 22 corporation, partnership, firm or other entity violating a 23 provision of this act. 24 (c) Procedure.--The board shall levy the civil penalty set 25 forth in subsection (b) only after affording the accused the 26 opportunity for a hearing as provided in 2 Pa.C.S. (relating to 27 administrative law and procedure). 28 Section 703. Refusal, suspension or revocation of license. 29 (a) General rule.--The board may refuse, suspend or revoke a 30 license in a case where the board finds: 20070S0660B0769 - 18 -
1 (1) The licensee is negligent or incompetent in the 2 performance of plumbing services. 3 (2) The licensee is unable to perform plumbing services 4 with reasonable skill and safety by reason of mental or 5 physical illness or condition or physiological or 6 psychological dependence upon alcohol, hallucinogenic or 7 narcotic drugs or other drugs which tend to impair judgment 8 or coordination, so long as such dependence shall continue. 9 In enforcing this paragraph, the board shall, upon probable 10 cause, have authority to compel a licensee to submit to a 11 mental or physical examination as designated by it. After 12 notice, hearing, adjudication and appeal, failure of a 13 licensee to submit to such examination when directed shall 14 constitute an admission of the allegations unless failure is 15 due to circumstances beyond the licensee's control, 16 consequent upon which a default and final order may be 17 entered without the taking of testimony or presentation of 18 evidence. A licensee affected under this paragraph shall at 19 reasonable intervals be afforded the opportunity to 20 demonstrate that he can resume competent, safe and skillful 21 performance of plumbing services. 22 (3) The licensee has violated any of the provisions of 23 this act or a regulation of the board. 24 (4) The licensee has committed fraud or deceit in: 25 (i) the performance of plumbing services; or 26 (ii) securing licensure. 27 (5) The licensee has been convicted of a felony or a 28 crime of moral turpitude or received probation without 29 verdict, disposition in lieu of trial or an Accelerated 30 Rehabilitative Disposition in the disposition of felony 20070S0660B0769 - 19 -
1 charges, in the courts of this Commonwealth, the United 2 States or any other state, territory or possession of the 3 United States or country. 4 (6) The licensee has had the licensee's license 5 suspended or revoked or has received other disciplinary 6 action by the proper licensing authority in another state, 7 territory or possession of the United States or country. 8 (7) With respect to the performance of plumbing 9 services, the licensee has acted in such a manner as to 10 present an immediate and clear danger to health or safety or 11 property. 12 (8) With respect to a master plumber, the master plumber 13 failed to properly direct and supervise a journeyman plumber 14 or apprentice plumber or failed to properly inspect plumbing 15 services. This paragraph includes failure to ensure 16 compliance with safety standards and applicable plumbing 17 codes. 18 (9) The licensee possessed, used, acquired or 19 distributed a controlled substance. 20 (10) The licensee has been guilty of unprofessional 21 conduct. Unprofessional conduct shall include departure from 22 or failing to conform to operating practices or professional 23 standards embraced by the professional plumbing community in 24 this Commonwealth, including those recognized by a 25 municipality, the Federal Government or the Commonwealth. In 26 a proceeding based on this paragraph, actual injury to a 27 person or damage to property need not be established. 28 (11) The licensee falsely advertised or made misleading, 29 deceptive, untrue or fraudulent material representations 30 regarding licensure or in the performance of plumbing 20070S0660B0769 - 20 -
1 services. 2 (12) Unless waived by the board in accordance with 3 section 503, the licensee failed to satisfy the continuing 4 education requirements of this act. 5 (b) Acts authorized.--When the board finds that the license 6 of an individual may be refused, revoked or suspended pursuant 7 to subsection (a), the board may: 8 (1) Deny the application for a license. 9 (2) Administer a public reprimand. 10 (3) Revoke, suspend, limit or otherwise restrict a 11 license. 12 (4) Suspend enforcement of its finding and place a 13 licensee on probation with the right to vacate the 14 probationary order for noncompliance. 15 (5) Restore or reissue, in its discretion, a suspended 16 license and impose any disciplinary or corrective measure 17 which it might originally have imposed. 18 Section 704. Suspensions and revocations. 19 A suspension or revocation shall be made only in accordance 20 with the regulations of the board and only by majority vote of 21 the members of the board after a full and fair hearing. An 22 action of the board shall be taken subject to the right of 23 notice, hearing and adjudication, and the right of appeal, in 24 accordance with the provisions of 2 Pa.C.S. (relating to 25 administrative law and procedure). The board, by majority action 26 and in accordance with its regulations, may reissue a license 27 which has been suspended. If a license has been revoked, the 28 board shall reissue a license only in accordance with section 29 706. 30 Section 705. Temporary and automatic suspensions. 20070S0660B0769 - 21 -
1 (a) General rule.--A license issued under this act may be 2 temporarily suspended under circumstances determined by the 3 board to be an immediate and clear danger to public health or 4 safety or property. The board shall issue an order to that 5 effect without a hearing, but upon due notice, to the licensee 6 concerned at the licensee's last known address, which shall 7 include a written statement of all allegations against the 8 licensee. The provisions of section 704 shall not apply to 9 temporary suspension. The board shall commence formal action to 10 suspend, revoke or restrict the license of the individual as 11 otherwise provided for in this act. All actions shall be taken 12 promptly and without delay. Within 30 days following the 13 issuance of an order temporarily suspending a license, the board 14 shall conduct or cause to be conducted a preliminary hearing to 15 determine that there is a prima facie case supporting the 16 suspension. The individual whose license has been temporarily 17 suspended may be present at the preliminary hearing and may be 18 represented by counsel, cross-examine witnesses, inspect 19 physical evidence, call witnesses, offer evidence and testimony 20 and make a record of the proceedings. If it is determined that 21 there is not a prima facie case, the suspended license shall be 22 immediately restored. The temporary suspension shall remain in 23 effect until vacated by the board, but in no event longer than 24 180 days. 25 (b) Commitment of licensee.--A license issued under this act 26 shall automatically be suspended upon the legal commitment of a 27 licensee to an institution because of mental incompetency from 28 any cause upon filing with the board a certified copy of such 29 commitment, conviction of a felony under the act of April 14, 30 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, 20070S0660B0769 - 22 -
1 Device and Cosmetic Act, or conviction of an offense under the 2 laws of another jurisdiction, which, if committed in 3 Pennsylvania, would be a felony under The Controlled Substance, 4 Drug, Device and Cosmetic Act. Automatic suspension under this 5 subsection shall not be stayed pending an appeal of a 6 conviction. Restoration of the license shall be made as provided 7 in the case of revocation or suspension of a license. 8 Section 706. Reinstatement of license. 9 Unless ordered to do so by the Commonwealth Court or an 10 appeal therefrom, the board shall not reinstate the license of 11 an individual which has been revoked. An individual whose 12 license has been revoked may reapply for a license, after a 13 period of at least five years, but must meet all of the 14 licensing requirements of this act. 15 Section 707. Surrender of suspended or revoked license. 16 The board shall require an individual whose license has been 17 suspended or revoked to return the license in such manner as the 18 board directs. Failure to do so, and upon conviction thereof, 19 shall be a misdemeanor of the third degree. 20 Section 708. Injunction. 21 Whenever, in the judgment of the board, a person has engaged 22 in an act or practice which constitutes or will constitute a 23 violation of this act, the board or its agents may make 24 application to the appropriate court for an order enjoining such 25 act or practice. Upon a showing by the board that the person has 26 engaged or is about to engage in such act or practice, an 27 injunction, restraining order or such order, as may be 28 appropriate, shall be granted by the court. The remedy by 29 injunction is in addition to any other civil or criminal 30 prosecution and punishment. 20070S0660B0769 - 23 -
1 Section 709. Subpoenas and oaths. 2 (a) Authority granted.--The board shall have the authority 3 to issue subpoenas, upon application of an attorney responsible 4 for representing the Commonwealth in disciplinary matters before 5 the board, for the purpose of investigating alleged violations 6 of the act or regulation of the board. The board shall have the 7 power to subpoena witnesses, to administer oaths, to examine 8 witnesses and to take such testimony or compel the production of 9 such books, records, papers and documents as it may deem 10 necessary or proper in and pertinent to any proceeding, 11 investigation or hearing held or had by it. The board is 12 authorized to apply to Commonwealth Court to enforce its 13 subpoenas. The court may impose limitations in the scope of the 14 subpoena as are necessary to prevent unnecessary intrusion into 15 client confidential information. 16 (b) Disciplinary matters.--An attorney responsible for 17 representing the Commonwealth in disciplinary matters before the 18 board shall notify the board immediately upon receiving 19 notification of an alleged violation of this act or a regulation 20 of the board. The board shall maintain current record of all 21 reported alleged violations and periodically review the records 22 for the purpose of determining that each alleged violation has 23 been resolved in a timely manner. 24 CHAPTER 21 25 MISCELLANEOUS PROVISIONS 26 Section 2101. Municipalities. 27 (a) Municipal licensed not required.--Licensure under this 28 act shall be acceptable to a municipality in this Commonwealth 29 as proof of competence to perform plumbing services and no 30 municipality may require an individual licensed under this act 20070S0660B0769 - 24 -
1 to obtain an additional license to perform plumbing services. 2 (b) Certain powers preserved.--Nothing in this act shall be 3 construed to prevent a municipality from doing any of the 4 following: 5 (1) Inspecting plumbing services or regulating the 6 manner in which plumbing services are performed in compliance 7 with the current Commonwealth plumbing code or applicable 8 municipal plumbing code. 9 (2) Levying lawful taxes and fees. 10 (3) Requiring the purchase of a business privilege 11 license that is unrelated to demonstrating competence in the 12 performance of plumbing services. 13 (4) Denying or revoking local permits for failure to 14 comply with ordinances. 15 Section 2102. Appropriation. 16 The sum of $85,000, or as much thereof as may be necessary, 17 is hereby appropriated to the Department of Labor and Industry 18 for the payment of costs associated with processing licenses and 19 renewing licenses, for the operation of the board and for other 20 costs associated with this act. The appropriation shall be 21 repaid by the department within three years of the beginning of 22 issuance of licenses by the board. 23 Section 2103. Regulations. 24 Within 18 months of the effective date of this section, the 25 board shall promulgate regulations to carry out this act. 26 Section 2104. Severability. 27 The provisions of this act are severable. If any provision of 28 this act or its application to any person or circumstance is 29 held invalid, the invalidity shall not affect other provisions 30 or applications of this act which can be given effect without 20070S0660B0769 - 25 -
1 the invalid provision or application. 2 Section 2105. Effective date. 3 This act shall take effect as follows: 4 (1) Section 501 shall take effect in 180 days. 5 (2) This section shall take effect immediately. 6 (3) The remainder of this act shall take effect in 60 7 days. B16L43BIL/20070S0660B0769 - 26 -