HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ERICKSON, TARTAGLIONE, GREENLEAF, WAUGH, O'PAKE, LOGAN AND WASHINGTON, FEBRUARY 20, 2009

AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 29, 2010   

AN ACT

Providing for plumbing contractors licensure; establishing the

State Board of Plumbing Contractors and providing for its

powers and duties; conferring powers and imposing duties on

the Department of Labor and Industry; establishing fees,

fines and civil penalties; creating the Plumbing Contractors

Licensure Account; and making an appropriation.

TABLE OF CONTENTS

Chapter 1.  Preliminary Provisions

Section 101.  Short title.

Section 102.  Definitions.

Chapter 3.  Board

Section 301.  State Board of Plumbing Contractors.

Section 302.  Powers and duties of board.

Chapter 5.  Licensure

Section 501.  Licensure.

Section 502.  Qualifications.

Section 503.  Continuing education.

Section 504.  Plumbing contractors in other states.

Section 505.  Duration of license.

Section 506.  Reporting of multiple licensure.

Section 507.  Prohibition.

Chapter 7.  Administration and Enforcement

Section 701.  Fees, fines and civil penalties.

Section 702.  Violations.

Section 703.  Refusal, suspension or revocation of license.

Section 704.  Suspensions and revocations.

Section 705.  Temporary and automatic suspensions.

Section 706.  Reinstatement of license.

Section 707.  Surrender of suspended or revoked license.

Section 708.  Injunction.

Section 709.  Subpoenas and oaths.

Chapter 21.  Miscellaneous Provisions

Section 2101.  Municipalities.

Section 2102.  Appropriation.

Section 2103.  Regulations.

Section 2104.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Plumbing

Contractors Licensure Act.

Section 102.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Apprentice plumber."  An individual who is registered as an

apprentice under the act of July 14, 1961 (P.L.604, No.304),

known as The Apprenticeship and Training Act, and who is

licensed by the State Board of Plumbing Contractors as an

individual whose principle occupation is learning and assisting

in the performance of plumbing services.

"Board."  The State Board of Plumbing Contractors.

"Conviction."  The term includes a judgment, an admission of

guilt or a plea of nolo contendere.

"Department."  The Department of Labor and Industry of the

Commonwealth.

"Journeyman plumber."  An individual who is licensed by the

State Board of Plumbing Contractors to assist a master plumber

with the performance of plumbing services.

"Master plumber" or "licensed plumbing contractor."  An

individual who has been licensed by the State Board of Plumbing

Contractors and who is authorized to perform plumbing services

and to supervise plumbing services provided by an apprentice

plumber or a journeyman plumber.

"Minor repairs."  The repair of an existing plumbing fixture,

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including the replacement of faucets or valves or parts of

faucets or valves, the clearance of stoppages, the stopping of

leaks without replacement of water, drainage or vent piping, the

relieving of frozen pipes or other minor replacement or repair

of existing plumbing fixtures.

"Plumbing services."  The installation, maintenance,

extension, erection, repair or alteration of piping, plumbing

fixtures, plumbing appliances and plumbing apparatus in

connection with sanitary drainage, storm facilities and building

sewers to the facility's or sewer's final connection to an

approved point of disposal, venting systems, public and private

water supply systems of a premises or building within the

property line and to the final connection with an approved

supply system. The term also includes the installation,

maintenance, extension, erection, repair or alteration of

piping, plumbing fixtures and plumbing apparatus used for storm

facilities and building sewers, liquid waste or sewage.

CHAPTER 3

BOARD

Section 301.  State Board of Plumbing Contractors.

(a)  Establishment.--There is hereby established the State

Board of Plumbing Contractors within the department.

(b)  Composition.--The board shall consist of the following:

(1)  The Secretary of Labor and Industry or a designee.

(2)  Two public members.

(3)  Six professional members. Professional members shall

have been actively engaged in providing plumbing services in

this Commonwealth for at least ten years immediately

preceding appointment. Two professional members shall reside

in and be licensed as a plumber by a county of the first

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class. One professional member shall reside in and be

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licensed as a plumber by a county of the second class and the

other shall reside in a county of the third class. Three

professional members shall be subject to collective

bargaining agreements. Three professional members shall not

be subject to collective bargaining agreements. Except as set

forth in subsection (f), professional members shall be

licensed under this act as master plumbers.

(c)  Meeting.--The board shall meet within 30 days after the

appointment of its first members and shall set up operating

procedures and develop application forms for licensure. It shall

be the responsibility of the board to circulate the forms and

educate the public regarding the requirements of this act and

providing plumbing services in this Commonwealth.

(d)  Term of membership.--Professional and public members

shall be appointed by the Governor with the advice and consent

of the Senate. Professional and public members shall be citizens

of the United States and residents of this Commonwealth. Except

as provided in subsection (e), professional and public members

shall serve a term of four years or until a successor has been

appointed and qualified but in no event longer than six months

beyond the four-year period. In the event that a member dies or

resigns or is otherwise disqualified during the term of office,

a successor shall be appointed in the same way and with the same

qualifications and shall hold office for the remainder of the

unexpired term. A professional or public member shall not be

eligible to hold more than two consecutive terms.

(e)  Appointments.--For professional and public members

initially appointed to the board pursuant to this act, the term

of office shall be as follows:

(1)  Five members shall serve for a term of four years.

(2)  Two members shall serve for a term of three years.

(3)  One member shall serve for a term of two years.

(f)  Professional members and initial appointments.--A

professional member initially appointed to the board pursuant to

this act need not be licensed at the time of appointment but, at

the time of appointment, must have satisfied eligibility

requirements for licensure as provided in this act.

(g)  Quorum.--A majority of the members of the board shall

constitute a quorum. Except for temporary and automatic

suspensions under section 705, a member may not be counted as

part of a quorum or vote on any issue unless the member is

physically in attendance at the meeting.

(h)  Chairman.--The board shall select annually a chairman

from among its members.

(i)  Expenses.--With the exception of the secretary, each

member of the board shall receive $60 per diem when actually

attending to the work of the board. A member shall also receive

the amount of reasonable traveling, hotel and other necessary

expenses incurred in the performance of the member's duties in

accordance with Commonwealth regulations.

(j)  Forfeiture.--A professional or public member who fails

to attend three consecutive meetings shall forfeit the member's

seat unless the secretary, upon written request from the member,

finds that the member should be excused from a meeting because

of illness or the death of a family member.

(k)  (Reserved).

(l)  Frequency of meetings.--The board shall meet at least

four times a year in the City of Harrisburg and at such

additional times as may be necessary to conduct the business of

the board.

Section 302.  Powers and duties of board.

(a)  General rule.--The board shall have the following powers

and duties:

(1)  To provide for and regulate the licensing of

individuals engaged in providing plumbing services.

(2)  To issue, renew, reinstate, fail to renew, suspend

and revoke licenses as provided for in this act.

(3)  To administer and enforce the provisions of this

act.

(4)  To approve professional testing organizations to

administer tests to qualified applicants for licensure as

provided in this act. Written, oral or practical examinations

shall be prepared and administered by a qualified and

approved professional testing organization approved by the

board.

(5)  To investigate applications for licensure and to

determine the eligibility of an individual applying for

licensure under this act.

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(6)  To promulgate and enforce regulations, not

inconsistent with this act, as necessary only to carry into

effect the provisions of this act. This paragraph includes

the setting of fees. Regulations shall be adopted in

conformity with the provisions of the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents

Law, and the act of June 25, 1982 (P.L.633, No.181), known as

the Regulatory Review Act.

(7)  To keep minutes and records of all its proceedings.

(8)  To keep and maintain a registry of individuals

licensed by the board. The board shall provide access to the

registry to the public, including making the registry

available on a publicly accessible Internet website. The

registry shall contain the home improvement contractor

registration number required by the act of October 17, 2008

(P.L.1645, No.132), known as the Home Improvement Consumer

Protection Act, and provide access information for the

website containing registration information if the contractor

is required to be registered as a residential home

improvement contractor.

(9)  To submit annually to the department an estimate of

financial requirements of the board for its administrative,

legal and other expenses.

(10)  To submit annually a report to the Consumer

Protection and Professional Licensure Committee of the Senate

and the Professional Licensure Committee of the House of

Representatives. The report shall include a description of

the types of complaints received, the status of cases, the

action which has been taken and the length of time from

initial complaint to final resolution.

(11)  To submit annually to the Appropriations Committee

of the Senate and the Appropriations Committee of the House

of Representatives, 15 days after the Governor has submitted

a budget to the General Assembly, a copy of the budget

request for the upcoming fiscal year which the board

previously submitted to the department.

CHAPTER 5

LICENSURE

Section 501.  Licensure.

(a)  General rule.--An individual may not provide plumbing

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services, offer himself for employment as an individual who may

provide plumbing services or hold himself out as an individual

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authorized to perform plumbing services apprentice plumber,

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journeyman plumber or master plumber unless licensed by the

board.

(b)  Business entities.--An individual, corporation,

partnership, firm or other entity shall not:

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(1)  Employ an individual to provide plumbing services or

direct an individual to provide plumbing services unless the

individual is licensed under this act.

(2)  Use use the term "licensed plumbing contractor" in

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connection with the entity unless at least one employee or

the owner of the entity is licensed as a master plumber in

accordance with this act.

(c)  Title.--An individual who holds a license as a master

plumber or is maintained on inactive status pursuant to section

505(b) shall have the right to use the title "licensed plumbing

contractor" and the abbreviation "L.P.C." No other individual

shall use the title "licensed plumbing contractor" or the

abbreviation "L.P.C." Except as provided in subsection (d), no

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individual shall hold himself out as being authorized to provide

plumbing services.

(d)  Exceptions.--The following exceptions apply:

(1)  A journeyman plumber or an apprentice plumber may

hold himself out as being authorized to perform plumbing

services if the journeyman plumber or the apprentice plumber

works under the direction and supervision of a master

plumber.

(2)  An individual who is not in the business of

providing plumbing services and who performs minor repairs in

a residence shall not be required to obtain a license under

this act.

(e)  Responsibility.--A licensed plumbing contractor shall

assume full responsibility for inspection of plumbing services

irrespective of whether the plumbing services were performed by

the licensed plumbing contractor or by a journeyman plumber or

an apprentice plumber working under the direction and

supervision of the licensed plumbing contractor. In addition,

the licensed plumbing contractor shall direct and supervise

plumbing services performed by a journeyman plumber or an

apprentice plumber. This subsection includes the responsibility

of the licensed plumbing contractor to ensure conformance with

(d)  Responsibility.--A licensed plumbing contractor shall

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assume full responsibility to ensure conformance with safety

standards and applicable plumbing codes, including plumbing

codes for first class counties and second class counties as

provided under the act of November 10, 1999 (P.L.491, No.45),

known as the Pennsylvania Construction Code Act.

(e)  Additional licensure requirements.--Nothing in this act

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shall prohibit first or second class counties from imposing

plumbing licensure requirements in addition to the provisions of

this act.

Section 502.  Qualifications.

(a)  Master plumber.--To be eligible to apply for licensure

as a master plumber, an applicant must fulfill the following

requirements:

(1)  Be at least 18 years of age.

(2)  Submit proof satisfactory to the board that the

applicant has provided plumbing services for not less than

five years prior to application. Of the five years'

experience, five years shall have been as a master plumber or 

one year shall have been as a journeyman plumber and four

years shall have been as an apprentice plumber. In lieu of

the five years' experience provided in this paragraph, an

applicant may submit proof of the applicant's experience 

satisfactory to the board that the individual has sufficient

training and experience to sit for the examination.

(3)  Pay the fee set by the board.

(4)  Pass the examination provided by the board.

(5)  Provide a current certificate of liability insurance

in the amount of $500,000.

(b)  Journeyman plumber.--To be eligible for licensure as a

journeyman plumber, an applicant must fulfill the following

requirements:

(1)  Be of good moral character.

(2)  Be at least 18 years of age.

(3)  Submit proof satisfactory to the board that the

applicant has provided plumbing services for not less than

four years as a journeyman or an apprentice plumber or has

served 8,000 hours as an apprentice plumber and has

satisfactorily completed at least 576 hours of related

technical education at an accredited school. 

(4)  Pay the fee set by the board.

(5)  Pass the examination provided by the board.

(c)  Additional requirement.--In addition to passing the

examination set forth in subsection (a)(4) or (b)(5), an

individual applying for licensure as a master plumber or a

journeyman plumber who provides or will provide plumbing

services in either a first class county or a second class county

must pass an examination on the plumbing code of the first class

county or the second class county, as appropriate.

(d)  Apprentice plumber.--To be eligible for licensure as an

apprentice plumber, an applicant shall fulfill the following

requirements:

(1)  Be at least 16 years of age.

(2)  Register with the Department of Labor and Industry

as set forth in the act of July 14, 1961 (P.L.604, No.304),

known as The Apprenticeship and Training Act. The apprentice

plumber shall submit proof of current registration to the

board.

(3)  Pay the fee set by the board.

(e)  Renewal of license of apprentice plumber.--In the case

of an apprentice plumber applying for renewal of a license where

registration under subsection (d)(2) has expired or otherwise

lapsed before the biennial renewal cycle will expire, the

apprentice plumber shall submit evidence satisfactory to the

board that the apprentice plumber has renewed registration to

the board. Failure to notify the board within 30 days that

registration has expired or otherwise lapsed shall subject the

apprentice plumber to disciplinary action. In the case of an

apprentice plumber whose registration has expired or otherwise

lapsed, the license shall be immediately placed in inactive

status by the board. The board shall promulgate regulations in

order to carry out the provisions of this subsection, including

regulations setting forth the evidence necessary to demonstrate

renewal of registration.

(f)  Waiver of examination.--Notwithstanding the provisions

of subsections (a)(4) and (b)(5), the board shall grant a

license to an individual applying to become either a master

plumber or a journeyman plumber without examination if the

individual meets all of the following requirements:

(1)  The individual applies within 18 months of the

effective date of this section.

(2)  The individual meets the requirements of age and

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character and pays the required fee.

(3)  For an individual applying for a license as a master

plumber under this subsection, the individual submits proof

satisfactory to the board of any of the following:

(i)  Five years of prior experience immediately

preceding application providing plumbing services within

this Commonwealth.

(ii)  Five consecutive years of possession of a

current business license as a plumber from a municipality

or other agency recognized by the respective county and 

the board where applicable.

(iii)  Successful completion of a test administered

by the respective county or city on the plumbing code of

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either the county or city of the first class or a county

or city of the county of the first or second class or a

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county or city of the third class, as appropriate to

working as a licensee in those specific counties or

cities.

(4)  For an individual applying for a license as a

journeyman plumber under this subsection, the individual

submits proof satisfactory to the board of:

(i)  Four years of prior experience immediately

preceding the application for licensure providing

plumbing services under the supervision of an individual

licensed as a plumber by a municipality or other agency

recognized by the board.

(ii)  Successful completion of a test administered by

the respective county or city on the plumbing code of

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either the county or city of the first class or a county

or city of the of the first or second class or a county

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or city of the third class, as appropriate to working as

a licensee in those specific counties or cities.

(g)  Convictions prohibited.--The board shall not issue a

license to an individual who has been convicted of a felonious

act prohibited by the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and Cosmetic

Act, or convicted of a felony relating to a controlled substance

in a court of law of the United States or any other state,

territory or country unless all of the following have occurred:

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(1)  At least five years have elapsed from the date of

conviction.

(2)  The individual satisfactorily demonstrates to the

board that he has made significant progress in personal

rehabilitation since the conviction such that licensure of

the individual should not be expected to create a substantial

risk of harm to the health and safety of the public or a

substantial risk of further criminal violations.

(3)  The individual otherwise satisfies the

qualifications provided in this act. An individual's

statement on the application declaring the absence of a

conviction shall be deemed satisfactory evidence of the

absence of a conviction unless the board has some evidence to

the contrary.

Section 503.  Continuing education.

(a)  Regulations.--The board shall adopt, promulgate and

enforce rules and regulations consistent with the provisions of

this act establishing continuing education to be met by

individuals licensed as master plumbers and journeyman plumbers.

Regulations shall include any fees necessary for the board to

carry out its responsibilities under this section. The board may

waive all or part of the continuing education requirement for a

master plumber or a journeyman plumber who shows evidence

satisfactory to the board that the individual was unable to

complete the requirement due to illness, emergency, military

service or other hardship. All courses, materials, locations and

instructors shall be approved by the board. No credit shall be

given for a course in office management or practice building.

(b)  Requirement.--Beginning with the licensure period

designated by regulation, an individual applying for renewal of

a license as a master plumber or a journeyman plumber shall be

required to obtain 10 hours of continuing education during the

two calendar years immediately preceding the application for

renewal.

Section 504.  Plumbing contractors in other states.

(a)  Reciprocity established.--Subject to subsections (b) and

(c), the board may issue a license without examination to an

individual who is licensed as a master plumber or journeyman

plumber in any other state, territory or possession of the

United States if all of the following requirements are met:

(1)  The individual meets the requirements as to

character and age.

(2)  The individual pays the required fee.

(3)  The individual demonstrates to the satisfaction of

the board that the individual meets the experience

requirement for master plumbers and journeyman plumbers, as

appropriate.

(4)  The individual provides evidence satisfactory to the

board that the individual has passed an examination in

another jurisdiction demonstrating knowledge of a plumbing

code.

(b)  Requirement.--For an individual to be eligible to apply

for a license as a master plumber or a journeyman plumber under

subsection (a), the other state, territory or possession of the

United States must provide an opportunity for reciprocal

licensure which is substantially similar to the opportunity

provided by the Commonwealth under this section.

(c)  Counties of the first or second class.--An individual

applying for a license as a master plumber or journeyman plumber

under subsection (a) who provides or will provide plumbing

services in either a county of the first class or a county of

the second class must pass an examination administered by the

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respective county on the plumbing code of either the county of

the first class or the county of the second class, as

appropriate shall further be subject to any licensure

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requirement of the respective county.

Section 505.  Duration of license.

(a)  Duration of license.--A license issued pursuant to this

act shall be on a biennial basis. The biennial expiration date

shall be established by the board. Application for renewal of a

license shall biennially be forwarded to an individual holding a

current license prior to the expiration date of the current

biennium. For individuals applying for licensure as an

apprentice plumber, the application form must indicate whether

registration as an apprentice under the act of July 14, 1961

(P.L.604, No.304), known as The Apprenticeship and Training Act,

has expired or otherwise lapsed before the biennial renewal

cycle will expire.

(b)  Inactive status.--An individual licensed under this act

may request an application for inactive status. The application

form may be completed and returned to the board. Upon receipt of

an application, the individual shall be maintained on inactive

status without fee and shall be entitled to apply for a

licensure renewal at any time. An individual who requests the

board to activate the license of the individual and who has been

on inactive status shall, prior to receiving an active license,

satisfy the requirements of the board's regulations regarding

continuing education and remit the required fee. In the case of

an apprentice plumber who is placed on inactive status pursuant

to section 502(e), the apprentice plumber shall provide evidence

to the board of renewal of registration before the board may

activate the license. The board shall promulgate regulations to

carry into effect the provisions of this subsection.

Section 506.  Reporting of multiple licensure.

A licensee who is also licensed to perform plumbing services

in any other state, municipality, territory or possession of the

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United States shall report this information to the board on the

biennial registration application. Any disciplinary action taken

in another state, municipality, territory, possession of the

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United States or country shall be reported to the board on the

biennial registration application or within 90 days of final

disposition, whichever is sooner. Multiple licensure shall be

noted by the board on the individual's record, and such state, 

municipality, territory, possession or country shall be notified

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by the board of any disciplinary action taken against the

licensee in this Commonwealth.

Section 507.  Prohibition.

This act shall not prohibit the installation, modification or

replacement of propane-related systems or appliances by the

owner, principal or employee of a propane distributor if the

propane distributor is registered with the department under the

act of June 19, 2002 (P.L.421, No.61), known as the Propane and

Liquefied Petroleum Gas Act, and with the Attorney General under

the act of October 17, 2008 (P.L.1645, No.132), known as the

Home Improvement Consumer Protection Act.

CHAPTER 7

ADMINISTRATION AND ENFORCEMENT

Section 701.  Fees, fines and civil penalties.

(a)  Fees.--All fees required under this act shall be fixed

by the board by regulation and shall be subject to the act of

June 25, 1982 (P.L.633, No.181), known as the Regulatory Review

Act. If the revenues raised by the fees, fines and civil

penalties imposed under this act are not sufficient to meet

expenditures over a two-year period, the board shall increase

those fees by regulation so that projected revenues will meet or

exceed projected expenditures.

(b)  Fee increase.--If the department determines that the

fees established by the board under subsection (a) are

inadequate to meet the minimum enforcement efforts required by

this act, then the department, after consultation with the board

and subject to the Regulatory Review Act, shall increase the

fees by regulation in an amount such that adequate revenues are

raised to meet the required enforcement effort.

(c)  Account.--A restricted account is hereby created in the

State Treasury which shall be known as the Plumbing Contractors

Licensure Account. Beginning July 1, 2010 2011, and thereafter,

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all moneys collected by the State Board of Plumbing Contractors

shall be paid into the Plumbing Contractors Licensure Account.

Funds in this account are hereby appropriated upon approval of

the Governor for payment of the costs of processing licenses and

renewals and for other general costs of board operations.

(d)  Renewal fee.--The board may charge a fee, as set by the

board by regulation, for licensure, for renewing licensure and

for other administrative actions by the board as permitted by

this act or by regulation.

Section 702.  Violations.

(a)  General rule.--An individual or the responsible officers

or employees of a corporation, partnership, firm or other entity

violating a provision of this act or a regulation of the board

commits a misdemeanor and shall, upon conviction, be sentenced

to pay a fine of not more than $1,000 or to imprisonment for not

more than six months for the first violation. For the second and

each subsequent conviction, the person shall be sentenced to pay

a fine of not more than $2,000 or to imprisonment for not less

than six months or more than one year, or both.

(b)  Civil penalty.--In addition to any other civil remedy or

criminal penalty provided for in this act, the board, by a vote

of the majority of the maximum number of the authorized

membership of the board as provided by law or by a vote of the

majority of the duly qualified and confirmed membership or a

minimum of five members, whichever is greater, may levy a civil

penalty of up to $10,000 on any of the following:

(1)  A licensee who violates a provision of this act.

(2)  An individual who performs plumbing services in

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violation of this act.

(3)  An individual who holds himself out as an individual

authorized to perform plumbing services

(2)  An individual or firm that holds himself or itself

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out as an apprentice plumber, journeyman plumber, master

plumber or licensed plumbing contractor without being

properly licensed as provided in this act.

(4) (3)  The responsible officers or employees of a

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corporation, partnership, firm or other entity violating a

provision of this act.

(c)  Procedure.--The board shall levy the civil penalty set

forth in subsection (b) only after affording the accused the

opportunity for a hearing as provided in 2 Pa.C.S. (relating to

administrative law and procedure).

Section 703.  Refusal, suspension or revocation of license.

(a)  General rule.--The board may refuse to issue, suspend or

revoke a license in a case where the board finds:

(1)  The licensee is or has been negligent or incompetent

in the performance of plumbing services.

(2)  The licensee is or has been unable to perform

plumbing services with reasonable skill and safety by reason

of mental or physical illness or condition or physiological

or psychological dependence upon alcohol, hallucinogenic or

narcotic drugs or other drugs which tend to impair judgment

or coordination, so long as such dependence shall continue.

In enforcing this paragraph, the board shall, upon probable

cause, have authority to compel a licensee to submit to a

mental or physical examination as designated by it. After

notice, hearing, adjudication and appeal, failure of a

licensee to submit to such examination when directed shall

constitute an admission of the allegations unless failure is

due to circumstances beyond the licensee's control,

consequent upon which a default and final order may be

entered without the taking of testimony or presentation of

evidence. A licensee affected under this paragraph shall at

reasonable intervals be afforded the opportunity to

demonstrate that he can resume competent, safe and skillful

performance of plumbing services.

(3)  The licensee has violated any of the provisions of

this act or a regulation of the board.

(4)  The licensee has committed fraud or deceit in:

(i)  the performance of plumbing services; or

(ii)  securing licensure.

(5)  The board shall not issue a license to an individual

who has been convicted of a felonious act prohibited by the

act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act, or

convicted of a felony relating to a controlled substance in a

court of law of the United States or any other state,

territory or country unless:

(i)  At least five years have elapsed from the date

of conviction.

(ii)  The individual satisfactorily demonstrates to

the board that he has made significant progress in

personal rehabilitation since the conviction such that

licensure of the individual should not be expected to

create a substantial risk of harm to the health and

safety of the public or a substantial risk of further

criminal violations.

(iii)  The individual otherwise satisfies the

qualifications provided in this act. An individual's

statement on the application declaring the absence of a

conviction shall be deemed satisfactory evidence of the

absence of a conviction unless the board has some

evidence to the contrary.

(6)  The licensee has had the licensee's license

suspended or revoked or has received other disciplinary

action by the proper licensing authority in another state,

territory or possession of the United States or country.

(7)  (Reserved).

(8)  With respect to a master plumber, the master plumber

failed to properly direct and supervise a journeyman plumber

or apprentice plumber or failed to properly inspect plumbing

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services. This paragraph includes failure to ensure

compliance with safety standards and applicable plumbing

codes.

(9)  (Reserved).

(10)  (Reserved).

(11)  The licensee falsely advertised or made misleading,

deceptive, untrue or fraudulent material representations

regarding licensure or in the performance of plumbing

services.

(12)  Unless waived by the board in accordance with

section 503, the licensee failed to satisfy the continuing

education requirements of this act.

(b)  Acts authorized.--When the board finds that the license

of an individual may be refused, revoked or suspended pursuant

to subsection (a), the board may:

(1)  Deny the application for a license.

(2)  Administer a public reprimand.

(3)  Revoke, suspend, limit or otherwise restrict a

license.

(4)  Suspend enforcement of its finding and place a

licensee on probation with the right to vacate the

probationary order for noncompliance.

(5)  Restore or reissue, in its discretion, a suspended

license and impose any disciplinary or corrective measure

which it might originally have imposed.

Section 704.  Suspensions and revocations.

A suspension or revocation shall be made only in accordance

with the regulations of the board and only by majority vote of

the members of the board after a full and fair hearing. An

action of the board shall be taken subject to the right of

notice, hearing and adjudication, and the right of appeal, in

accordance with the provisions of 2 Pa.C.S. (relating to

administrative law and procedure). The board, by majority action

and in accordance with its regulations, may reissue a license

which has been suspended. If a license has been revoked, the

board shall reissue a license only in accordance with section

706.

Section 705.  Temporary and automatic suspensions.

(a)  General rule.--A license issued under this act may be

temporarily suspended under circumstances determined by the

board to be an immediate and clear danger to public health or

safety or property. The board shall issue an order to that

effect without a hearing, but upon due notice, to the licensee

concerned at the licensee's last known address, which shall

include a written statement of all allegations against the

licensee. The provisions of section 704 shall not apply to

temporary suspension. The board shall commence formal action to

suspend, revoke or restrict the license of the individual as

otherwise provided for in this act. All actions shall be taken

promptly and without delay. Within 30 days following the

issuance of an order temporarily suspending a license, the board

shall conduct or cause to be conducted a preliminary hearing to

determine that there is a prima facie case supporting the

suspension. The individual whose license has been temporarily

suspended may be present at the preliminary hearing and may be

represented by counsel, cross-examine witnesses, inspect

physical evidence, call witnesses, offer evidence and testimony

and make a record of the proceedings. If it is determined that

there is not a prima facie case, the suspended license shall be

immediately restored. The temporary suspension shall remain in

effect until vacated by the board, but in no event longer than

180 days.

(b)  Commitment of licensee.--A license issued under this act

shall automatically be suspended upon the legal commitment of a

licensee to an institution because of mental incompetency from

any cause upon filing with the board a certified copy of such

commitment, conviction of a felony under the act of April 14,

1972 (P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act, or conviction of an offense under the

laws of another jurisdiction, which, if committed in

Pennsylvania, would be a felony under The Controlled Substance,

Drug, Device and Cosmetic Act. Automatic suspension under this

subsection shall not be stayed pending an appeal of a

conviction. Restoration of the license shall be made as provided

in the case of revocation or suspension of a license.

Section 706.  Reinstatement of license.

Unless ordered to do so by the Commonwealth Court or an

appeal therefrom, the board shall not reinstate the license of

an individual which has been revoked. An individual whose

license has been revoked may reapply for a license, after a

period of at least five years, but must meet all of the

licensing requirements of this act.

Section 707.  Surrender of suspended or revoked license.

The board shall require an individual whose license has been

suspended or revoked to return the license in such manner as the

board directs. Failure to do so, and upon conviction thereof,

shall be a misdemeanor of the third degree.

Section 708.  Injunction.

Whenever, in the judgment of the board, a person has engaged

in an act or practice which constitutes or will constitute a

violation of this act, the board or its agents may make

application to the appropriate court for an order enjoining such

act or practice. Upon a showing by the board that the person has

engaged or is about to engage in such act or practice, an

injunction, restraining order or such order, as may be

appropriate, may be granted by the court. The remedy by

injunction is in addition to any other civil or criminal

penalty.

Section 709.  Subpoenas and oaths.

(a)  Authority granted.--The board shall have the authority

to issue subpoenas, upon application of an attorney responsible

for representing the Commonwealth in disciplinary matters before

the board, for the purpose of investigating alleged violations

of the act or regulation of the board. The board shall have the

power to subpoena witnesses, to administer oaths, to examine

witnesses and to take such testimony or compel the production of

such books, records, papers and documents as it may deem

necessary or proper in and pertinent to any proceeding,

investigation or hearing held or had by it. The board is

authorized to apply to Commonwealth Court to enforce its

subpoenas. The court may impose limitations in the scope of the

subpoena as are necessary to prevent unnecessary intrusion into

client confidential information.

(b)  Disciplinary matters.--An attorney responsible for

representing the Commonwealth in disciplinary matters before the

board shall notify the board immediately upon receiving

notification of an alleged violation of this act or a regulation

of the board. The board shall maintain current record of all

reported alleged violations and periodically review the records

for the purpose of determining that each alleged violation has

been resolved in a timely manner.

CHAPTER 21

MISCELLANEOUS PROVISIONS

Section 2101.  Municipalities.

(a)  Municipal licensed licenses not required and

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exceptions.--Licensure under this act shall be acceptable to a

municipality or public entity in this Commonwealth, except as to

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a county of the first or second class, as proof of competence to

perform plumbing services, and no municipality, other than a

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county of the first or second class, may require an individual

licensed under this act to obtain an additional license to

perform plumbing services.

(b)  Certain powers preserved.--Nothing in this act shall be

construed to prevent a municipality from doing any of the

following:

(1)  Inspecting plumbing services or regulating the

manner in which plumbing services are performed in compliance

with the current Commonwealth plumbing code or applicable

municipal plumbing code.

(2)  Levying lawful taxes and fees.

(3)  Requiring the purchase of a business privilege

license that is unrelated to demonstrating competence in the

performance of plumbing services.

(4)  Denying or revoking local permits for failure to

comply with ordinances.

(c)  Plumbing construction standards.--Nothing in this act

authorizes the board or a municipality to adopt plumbing

construction standards except within the relevant provisions of

the act of November 10, 1999 (P.L.491, No.45), known as the

Pennsylvania Construction Code Act. Nothing in this act

authorizes the board or a municipality to adopt a standard or

regulation of propane, propane distributors or installation of

propane-related systems or appliances which differs or conflicts

with sections 15 and 16 of the act of June 19, 2002 (P.L.421,

No.61), known as the Propane and Liquefied Petroleum Gas Act.

Section 2102.  Appropriation.

The sum of $85,000, or as much thereof as may be necessary,

is hereby appropriated to the Department of Labor and Industry

for the payment of costs associated with processing licenses and

renewing licenses, for the operation of the board and for other

costs associated with this act. The appropriation shall be

repaid by the department within three years of the beginning of

issuance of licenses by the board.

Section 2103.  Regulations.

Within 18 months of the effective date of this section, the

board shall begin to promulgate regulations to carry out this

act.

Section 2104.  Effective date.

This act shall take effect as follows:

(1)  Section 501 shall take effect in one year.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.