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                                                       PRINTER'S NO. 769

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.
















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