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A01928
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
442
Session of
2017
INTRODUCED BY CHRISTIANA, FARRY, SANTORA, MUSTIO, DUNBAR, COX,
CHARLTON, READSHAW, DOWLING, ZIMMERMAN, IRVIN, KORTZ, BRIGGS
AND McNEILL, FEBRUARY 10, 2017
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 7, 2017
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; establishing 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.
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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 9. Miscellaneous Provisions
Section 901. Municipalities.
Section 902. Appropriation.
Section 903. Regulations.
Section 904. 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),
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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.
"Plumbing services." The installation, maintenance,
extension and alteration of all piping, fixtures, venting
systems, plumbing appliances and plumbing appurtenances, within
or adjacent to a structure, in connection with:
(1) sanitary drainage or storm drainage facilities; or
(2) public or private water supply systems.
CHAPTER 3
BOARD
Section 301. State Board of Plumbing Contractors.
(a) Establishment.--The State Board of Plumbing Contractors
is established within the department.
(b) Composition.--The board shall consist of the following:
(1) The Secretary of Labor and Industry or a designee.
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(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 10 years immediately preceding
appointment and shall be comprised as follows:
(i) Two professional members shall reside in and be
licensed as plumbers by a county of the first class. One
shall be a signatory and one shall be a nonsignatory.
(ii) Two professional members shall reside in and be
licensed as plumbers by a county of the second class. One
shall be a signatory and one shall be a nonsignatory.
(iii) Two shall reside in different counties of the
third class. One shall be a signatory and one shall be a
nonsignatory.
(iv) Except as set forth in subsection (f),
professional members must 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
the provision of 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 not longer than six months beyond
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the four-year period. If 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 may not hold
more than two consecutive terms.
(e) Appointments.--For professional and public members
initially appointed to the board under 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 under 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 an issue unless the member is
physically in attendance at the meeting.
(h) Chairperson.--The board shall select annually a
chairperson from among its members.
(i) Expenses.--With the exception of the Secretary of Labor
and Industry, a member of the board shall receive $60 per diem
when 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.
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(j) Forfeiture.--A professional or public member who fails
to attend three consecutive meetings shall forfeit the member's
seat unless the Secretary of Labor and Industry, 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) Frequency of meetings.--The board shall meet at least
four times a year in the City of Harrisburg and at 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, as provided for in this
act, the licensing of individuals engaged in providing
plumbing services WHO HOLD THEMSELVES OUT AS MASTER PLUMBERS,
JOURNEYMAN PLUMBERS, APPRENTICE PLUMBERS OR LICENSED PLUMBING
CONTRACTORS.
(2) To issue, renew, reinstate, decline 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 that has been taken and the length of time from
initial complaint to final resolution.
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(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 that the board
previously submitted to the department.
(b) No active solicitation municipalities.--
(1) It shall not be the mission of the board to actively
solicit a municipality or other public entity to require a
plumbing license for those performing plumbing services
within their jurisdiction.
(2) Nothing in this subsection shall be construed to
prevent the board or a board member from providing
information to, or otherwise educating, a member of the
public or a municipality or other public entity about this
act, plumbing or plumbing licensure, nor from providing
advice regarding this act, plumbing or plumbing licensure.
CHAPTER 5
LICENSURE
Section 501. Licensure.
(a) Prohibition.--An individual may not hold himself out as
an apprentice plumber, journeyman plumber or master plumber
unless licensed by the board.
(b) Business entities.--An individual, corporation,
partnership, firm or other entity may not use the term "licensed
plumbing contractor" in connection with the entity unless at
least one employee or the owner of the entity is licensed as a
master plumber in accordance with this act.
(c) Title.--An individual who holds a license as a master
plumber or is maintained on inactive status under section 505(b)
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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."
(d) Responsibility.--A licensed plumbing contractor shall
assume full responsibility to ensure conformance with safety
standards and applicable plumbing codes, including plumbing
codes for first 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.--This act does not
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 minimum five years'
experience required, not less than five years shall have been
as a master plumber or not less than one year shall have been
as a journeyman plumber and not less than four years shall
have been as an apprentice plumber. In lieu of the minimum
five years' experience provided in this paragraph, an
applicant may submit proof satisfactory to the board that the
individual has sufficient training and experience to sit for
the examination.
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(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. IF THE APPLICANT IS AN EMPLOYEE OF
A MASTER PLUMBER OR A LICENSED PLUMBING CONTRACTOR WHO
MAINTAINS THE REQUIRED LEVEL OF LIABILITY INSURANCE, THE
APPLICANT IS NOT REQUIRED TO HAVE INDIVIDUAL LIABILITY
INSURANCE COVERAGE.
(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:
(i) provided plumbing services for not less than
four years as a journeyman or an apprentice plumber or
has served not less than 8,000 hours as an apprentice
plumber;
(ii) has satisfactorily completed not less than 576
hours of related technical education at an accredited
school; or
(iii) has satisfactorily met the Federal standards
of apprenticeship as defined in 29 C.F.R. ยง 29.5
(relating to standards of apprenticeship).
(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
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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 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.
(e) Renewal of license of apprentice plumber.--In the case
of an apprentice plumber applying for renewal of a license where
registration under the Registered Apprenticeship Partnership
Information Data System (RAPIDS) 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 the registration to the board.
Failure to notify the board within 30 days that the 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
the registration.
(f) Waiver of examination.--Notwithstanding the provisions
of subsections (a)(4) and (b)(5), the board shall grant a
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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 24 months of the
effective date of this section.
(2) The individual meets the requirements of age 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 of the first or second class or
a county or city of the third class, as appropriate to
working as a licensee in those specific counties or
cities.
(4) For an individual applying for a license as a
journeyman plumber under this subsection, the individual
submits proof satisfactory to the board of:
(i) Four years of prior experience immediately
preceding the application for licensure providing
plumbing services under the supervision of an individual
licensed as a plumber by a municipality or other agency
recognized by the board.
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(ii) Successful completion of a test administered by
the respective county of the first or second class or a
county or city of the third class, as appropriate to
working as a licensee in those specific counties or
cities.
(g) Convictions prohibited.--The board may 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 any of the following have
occurred:
(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 so 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
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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. A credit may not 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 another 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.
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(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 that 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 shall further be subject to a licensure
requirement of the respective county.
Section 505. Duration of license.
(a) Duration of license.--A license issued under 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 two-
year period. 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
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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 under
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 another state, municipality, territory or possession of the
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
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 the other
state, municipality, territory, possession or country shall be
notified by the board of 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
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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 so that adequate revenues are
raised to meet the required enforcement effort.
(c) Account.--A restricted account is established in the
General Fund that shall be known as the Plumbing Contractors
Licensure Account. Beginning July 1, 2017, and thereafter, all
money collected by the board 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
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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) Criminal penalty.--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 nor 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 or firm that identifies as an
apprentice plumber, journeyman plumber, master plumber or
licensed plumbing contractor without being properly licensed
as provided in this act.
(3) The responsible officers or employees of a
corporation, partnership, firm or other entity violating a
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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 revoke, suspend or refuse
to issue 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 that tend to impair judgment or
coordination, as long as 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 the board.
After notice, hearing, adjudication and appeal, failure of a
licensee to submit to the required examination when directed
shall constitute an admission of the allegations unless
failure is due to circumstances beyond the licensee's
control, when 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
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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 another state, territory
or country unless any of the following have occurred:
(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 so 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.
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(7) With respect to a master plumber, the master plumber
failed to properly direct and supervise a journeyman plumber
or apprentice plumber. This paragraph includes failure to
ensure compliance with safety standards and applicable
plumbing codes.
(8) The licensee falsely advertised or made misleading,
deceptive, untrue or fraudulent material representations
regarding licensure or in the performance of plumbing
services.
(9) 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 under
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 a disciplinary or corrective measure that
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
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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, that 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
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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 the
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, that, if committed in this
Commonwealth, 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 from the Commonwealth Court, the board shall not
reinstate the license of an individual whose license 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 a manner that the
board directs. Failure to do so, and upon conviction of failure
to return the license, shall be a misdemeanor of the third
degree.
Section 708. Injunction.
Whenever, in the judgment of the board, a person has engaged
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in an act or practice that 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 the
act or practice. Based on a showing by the board that the person
has engaged or is about to engage in a prohibited act or
practice, an injunction, restraining order or other 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 a regulation of the board. The board shall have
the power to subpoena witnesses, administer oaths, examine
witnesses and take testimony or compel the production of books,
records, papers and documents as it may deem necessary or proper
in and pertinent to a proceeding, investigation or hearing held
by it. The board is authorized to apply to Commonwealth Court to
enforce its subpoenas. The Commonwealth 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 records of the
reported alleged violations and periodically review the records
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for the purpose of determining that each alleged violation has
been resolved in a timely manner.
CHAPTER 9
MISCELLANEOUS PROVISIONS
Section 901. Municipalities.
(a) Municipal licenses not required and exceptions.--
Licensure under this act shall be acceptable to a municipality
or public entity in this Commonwealth, except as to a county of
the first or second class, as proof of competence to perform
plumbing services, and no municipality, other than a 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
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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 902. Appropriation.
The sum of $85,000, or as much of that amount as may be
necessary, is hereby appropriated to the department for the
payment of costs associated with processing 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 903. Regulations.
Within 18 months of the effective date of this section, the
board shall begin to promulgate regulations to carry out this
act.
Section 904. 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.
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