AN ACT

 

1Providing for plumbing contractors licensure; establishing the
2State Board of Plumbing Contractors and providing for its
3powers and duties; conferring powers and imposing duties on
4the Department of Labor and Industry; establishing fees,
5fines and civil penalties; creating the Plumbing Contractors
6Licensure Account; and making an appropriation.

7TABLE OF CONTENTS

8Chapter 1. Preliminary Provisions

9Section 101. Short title.

10Section 102. Definitions.

11Chapter 3. Board

12Section 301. State Board of Plumbing Contractors.

13Section 302. Powers and duties of board.

14Chapter 5. Licensure

15Section 501. Licensure.

16Section 502. Qualifications.

17Section 503. Continuing education.

18Section 504. Plumbing contractors in other states.

19Section 505. Duration of license.

20Section 506. Reporting of multiple licensure.

1Section 507. Prohibition.

2Chapter 7. Administration and Enforcement

3Section 701. Fees, fines and civil penalties.

4Section 702. Violations.

5Section 703. Refusal, suspension or revocation of license.

6Section 704. Suspensions and revocations.

7Section 705. Temporary and automatic suspensions.

8Section 706. Reinstatement of license.

9Section 707. Surrender of suspended or revoked license.

10Section 708. Injunction.

11Section 709. Subpoenas and oaths.

12Chapter 21. Miscellaneous Provisions

13Section 2101. Municipalities.

14Section 2102. Appropriation.

15Section 2103. Regulations.

16Section 2104. Effective date.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19CHAPTER 1

20PRELIMINARY PROVISIONS

21Section 101. Short title.

22This act shall be known and may be cited as the Plumbing
23Contractors Licensure Act.

24Section 102. Definitions.

25The following words and phrases when used in this act shall
26have the meanings given to them in this section unless the
27context clearly indicates otherwise:

28"Apprentice plumber." An individual who is registered as an 
29apprentice under the act of July 14, 1961 (P.L.604, No.304), 
30known as The Apprenticeship and Training Act, and who is
 

1licensed by the State Board of Plumbing Contractors as an 
2individual whose principle occupation is learning and assisting 
3in the performance of plumbing services.

4"Board." The State Board of Plumbing Contractors.

5"Conviction." The term includes a judgment, an admission of 
6guilt or a plea of nolo contendere.

7"Department." The Department of Labor and Industry of the 
8Commonwealth.

9"Journeyman plumber." An individual who is licensed by the 
10State Board of Plumbing Contractors to assist a master plumber 
11with the performance of plumbing services.

12"Master plumber" or "licensed plumbing contractor." An 
13individual who has been licensed by the State Board of Plumbing 
14Contractors and who is authorized to perform plumbing services 
15and to supervise plumbing services provided by an apprentice 
16plumber or a journeyman plumber.

17CHAPTER 3

18BOARD

19Section 301. State Board of Plumbing Contractors.

20(a) Establishment.--There is hereby established the State
21Board of Plumbing Contractors within the department.

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

23(1) The Secretary of Labor and Industry or a designee.

24(2) Two public members.

25(3) Six professional members. Professional members shall
26have been actively engaged in providing plumbing services in
27this Commonwealth for at least ten years immediately
28preceding appointment. Two professional members shall reside
29in and be licensed as a plumber by a county of the first
30class. One professional member shall reside in and be
 

1licensed as a plumber by a county of the second class and the 
2other shall reside in a county of the third class. Three
3professional members shall be subject to collective
4bargaining agreements. Three professional members shall not
5be subject to collective bargaining agreements. Except as set
6forth in subsection (f), professional members shall be
7licensed under this act as master plumbers.

8(c) Meeting.--The board shall meet within 30 days after the
9appointment of its first members and shall set up operating
10procedures and develop application forms for licensure. It shall
11be the responsibility of the board to circulate the forms and
12educate the public regarding the requirements of this act and
13providing plumbing services in this Commonwealth.

14(d) Term of membership.--Professional and public members
15shall be appointed by the Governor with the advice and consent
16of the Senate. Professional and public members shall be citizens
17of the United States and residents of this Commonwealth. Except
18as provided in subsection (e), professional and public members
19shall serve a term of four years or until a successor has been
20appointed and qualified but in no event longer than six months
21beyond the four-year period. In the event that a member dies or
22resigns or is otherwise disqualified during the term of office,
23a successor shall be appointed in the same way and with the same
24qualifications and shall hold office for the remainder of the
25unexpired term. A professional or public member shall not be
26eligible to hold more than two consecutive terms.

27(e) Appointments.--For professional and public members
28initially appointed to the board pursuant to this act, the term
29of office shall be as follows:

30(1) Five members shall serve for a term of four years.

1(2) Two members shall serve for a term of three years.

2(3) One member shall serve for a term of two years.

3(f) Professional members and initial appointments.--A
4professional member initially appointed to the board pursuant to
5this act need not be licensed at the time of appointment but, at
6the time of appointment, must have satisfied eligibility
7requirements for licensure as provided in this act.

8(g) Quorum.--A majority of the members of the board shall
9constitute a quorum. Except for temporary and automatic
10suspensions under section 705, a member may not be counted as
11part of a quorum or vote on any issue unless the member is
12physically in attendance at the meeting.

13(h) Chairman.--The board shall select annually a chairman
14from among its members.

15(i) Expenses.--With the exception of the secretary, each
16member of the board shall receive $60 per diem when actually
17attending to the work of the board. A member shall also receive
18the amount of reasonable traveling, hotel and other necessary
19expenses incurred in the performance of the member's duties in
20accordance with Commonwealth regulations.

21(j) Forfeiture.--A professional or public member who fails
22to attend three consecutive meetings shall forfeit the member's
23seat unless the secretary, upon written request from the member,
24finds that the member should be excused from a meeting because
25of illness or the death of a family member.

26(k) (Reserved).

27(l) Frequency of meetings.--The board shall meet at least
28four times a year in the City of Harrisburg and at such
29additional times as may be necessary to conduct the business of
30the board.

1Section 302. Powers and duties of board.

2The board shall have the following powers and duties:

3(1) To provide for and regulate the licensing of
4individuals engaged in providing plumbing services.

5(2) To issue, renew, reinstate, fail to renew, suspend
6and revoke licenses as provided for in this act.

7(3) To administer and enforce the provisions of this
8act.

9(4) To approve professional testing organizations to
10administer tests to qualified applicants for licensure as
11provided in this act. Written, oral or practical examinations
12shall be prepared and administered by a qualified and
13approved professional testing organization approved by the 
14board.

15(5) To investigate applications for licensure and to
16determine the eligibility of an individual applying for
17licensure under this act.

18(6) To promulgate and enforce regulations, not 
19inconsistent with this act, as necessary only to carry into 
20effect the provisions of this act. This paragraph includes 
21the setting of fees. Regulations shall be adopted in 
22conformity with the provisions of the act of July 31, 1968 
23(P.L.769, No.240), referred to as the Commonwealth Documents 
24Law, and the act of June 25, 1982 (P.L.633, No.181), known as 
25the Regulatory Review Act.

26(7) To keep minutes and records of all its proceedings.

27(8) To keep and maintain a registry of individuals
28licensed by the board. The board shall provide access to the
29registry to the public, including making the registry
30available on a publicly accessible Internet website. The
 

1registry shall contain the home improvement contractor 
2registration number required by the act of October 17, 2008 
3(P.L.1645, No.132), known as the Home Improvement Consumer 
4Protection Act, and provide access information for the 
5website containing registration information if the contractor 
6is required to be registered as a residential home 
7improvement contractor.

8(9) To submit annually to the department an estimate of
9financial requirements of the board for its administrative,
10legal and other expenses.

11(10) To submit annually a report to the Consumer
12Protection and Professional Licensure Committee of the Senate
13and the Professional Licensure Committee of the House of
14Representatives. The report shall include a description of
15the types of complaints received, the status of cases, the
16action which has been taken and the length of time from
17initial complaint to final resolution.

18(11) To submit annually to the Appropriations Committee
19of the Senate and the Appropriations Committee of the House
20of Representatives, 15 days after the Governor has submitted
21a budget to the General Assembly, a copy of the budget
22request for the upcoming fiscal year which the board
23previously submitted to the department.

24CHAPTER 5

25LICENSURE

26Section 501. Licensure.

27(a) General rule.--An individual may not hold himself out as
28an apprentice plumber, journeyman plumber or master plumber
29unless licensed by the board.

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

1partnership, firm or other entity shall not use the term 
2"licensed plumbing contractor" in connection with the entity 
3unless at least one employee or the owner of the entity is 
4licensed as a master plumber in accordance with this act.

5(c) Title.--An individual who holds a license as a master
6plumber or is maintained on inactive status pursuant to section
7505(b) shall have the right to use the title "licensed plumbing
8contractor" and the abbreviation "L.P.C." No other individual
9shall use the title "licensed plumbing contractor" or the
10abbreviation "L.P.C."

11(d) Responsibility.--A licensed plumbing contractor shall 
12assume full responsibility to ensure conformance with safety
13standards and applicable plumbing codes, including plumbing
14codes for first class counties and second class counties as 
15provided under the act of November 10, 1999 (P.L.491, No.45), 
16known as the Pennsylvania Construction Code Act.

17(e) Additional licensure requirements.--Nothing in this act
18shall prohibit first or second class counties from imposing
19plumbing licensure requirements in addition to the provisions of
20this act.

21Section 502. Qualifications.

22(a) Master plumber.--To be eligible to apply for licensure
23as a master plumber, an applicant must fulfill the following
24requirements:

25(1) Be at least 18 years of age.

26(2) Submit proof satisfactory to the board that the
27applicant has provided plumbing services for not less than
28five years prior to application. Of the five years'
29experience, five years shall have been as a master plumber or
30one year shall have been as a journeyman plumber and four

1years shall have been as an apprentice plumber. In lieu of
2the five years' experience provided in this paragraph, an
3applicant may submit proof of the applicant's experience
4satisfactory to the board that the individual has sufficient
5training and experience to sit for the examination.

6(3) Pay the fee set by the board.

7(4) Pass the examination provided by the board.

8(5) Provide a current certificate of liability insurance 
9in the amount of $500,000.

10(b) Journeyman plumber.--To be eligible for licensure as a
11journeyman plumber, an applicant must fulfill the following
12requirements:

13(1) Be of good moral character.

14(2) Be at least 18 years of age.

15(3) Submit proof satisfactory to the board that the
16applicant has provided plumbing services for not less than
17four years as a journeyman or an apprentice plumber or has
18served 8,000 hours as an apprentice plumber and has
19satisfactorily completed at least 576 hours of related
20technical education at an accredited school.

21(4) Pay the fee set by the board.

22(5) Pass the examination provided by the board.

23(c) Additional requirement.--In addition to passing the
24examination set forth in subsection (a)(4) or (b)(5), an
25individual applying for licensure as a master plumber or a
26journeyman plumber who provides or will provide plumbing
27services in either a first class county or a second class county
28must pass an examination on the plumbing code of the first class
29county or the second class county, as appropriate.

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

1apprentice plumber, an applicant shall fulfill the following
2requirements:

3(1) Be at least 16 years of age.

4(2) Register with the department as set forth in the act 
5of July 14, 1961 (P.L.604, No.304), known as The 
6Apprenticeship and Training Act. The apprentice plumber shall 
7submit proof of current registration to the board.

8(3) Pay the fee set by the board.

9(e) Renewal of license of apprentice plumber.--In the case
10of an apprentice plumber applying for renewal of a license where
11registration under subsection (d)(2) has expired or otherwise
12lapsed before the biennial renewal cycle will expire, the
13apprentice plumber shall submit evidence satisfactory to the
14board that the apprentice plumber has renewed registration to 
15the board. Failure to notify the board within 30 days that
16registration has expired or otherwise lapsed shall subject the
17apprentice plumber to disciplinary action. In the case of an
18apprentice plumber whose registration has expired or otherwise
19lapsed, the license shall be immediately placed in inactive
20status by the board. The board shall promulgate regulations in
21order to carry out the provisions of this subsection, including
22regulations setting forth the evidence necessary to demonstrate
23renewal of registration.

24(f) Waiver of examination.--Notwithstanding the provisions
25of subsections (a)(4) and (b)(5), the board shall grant a
26license to an individual applying to become either a master
27plumber or a journeyman plumber without examination if the 
28individual meets all of the following requirements:

29(1) The individual applies within 18 months of the
30effective date of this section.

1(2) The individual meets the requirements of age and
2pays the required fee.

3(3) For an individual applying for a license as a master
4plumber under this subsection, the individual submits proof
5satisfactory to the board of any of the following:

6(i) Five years of prior experience immediately 
7preceding application providing plumbing services within
8this Commonwealth.

9(ii) Five consecutive years of possession of a
10current business license as a plumber from a municipality
11or other agency recognized by the respective county and
12the board where applicable.

13(iii) Successful completion of a test administered 
14by the respective county of the first or second class or 
15a county or city of the third class, as appropriate to 
16working as a licensee in those specific counties or 
17cities.

18(4) For an individual applying for a license as a
19journeyman plumber under this subsection, the individual
20submits proof satisfactory to the board of:

21(i) Four years of prior experience immediately 
22preceding the application for licensure providing
23plumbing services under the supervision of an individual
24licensed as a plumber by a municipality or other agency
25recognized by the board.

26(ii) Successful completion of a test administered by 
27the respective county of the first or second class or a 
28county or city of the third class, as appropriate to 
29working as a licensee in those specific counties or 
30cities.

1(g) Convictions prohibited.--The board shall not issue a 
2license to an individual who has been convicted of a felonious 
3act prohibited by the act of April 14, 1972 (P.L.233, No.64), 
4known as The Controlled Substance, Drug, Device and Cosmetic 
5Act, or convicted of a felony relating to a controlled substance 
6in a court of law of the United States or any other state, 
7territory or country unless all of the following have occurred:

8(1) At least five years have elapsed from the date of
9conviction.

10(2) The individual satisfactorily demonstrates to the
11board that he has made significant progress in personal
12rehabilitation since the conviction such that licensure of
13the individual should not be expected to create a substantial
14risk of harm to the health and safety of the public or a
15substantial risk of further criminal violations.

16(3) The individual otherwise satisfies the
17qualifications provided in this act. An individual's
18statement on the application declaring the absence of a
19conviction shall be deemed satisfactory evidence of the
20absence of a conviction unless the board has some evidence to
21the contrary.

22Section 503. Continuing education.

23(a) Regulations.--The board shall adopt, promulgate and
24enforce rules and regulations consistent with the provisions of
25this act establishing continuing education to be met by
26individuals licensed as master plumbers and journeyman plumbers.
27Regulations shall include any fees necessary for the board to
28carry out its responsibilities under this section. The board may
29waive all or part of the continuing education requirement for a
30master plumber or a journeyman plumber who shows evidence

1satisfactory to the board that the individual was unable to
2complete the requirement due to illness, emergency, military
3service or other hardship. All courses, materials, locations and
4instructors shall be approved by the board. No credit shall be
5given for a course in office management or practice building.

6(b) Requirement.--Beginning with the licensure period
7designated by regulation, an individual applying for renewal of
8a license as a master plumber or a journeyman plumber shall be
9required to obtain 10 hours of continuing education during the
10two calendar years immediately preceding the application for
11renewal.

12Section 504. Plumbing contractors in other states.

13(a) Reciprocity established.--Subject to subsections (b) and
14(c), the board may issue a license without examination to an
15individual who is licensed as a master plumber or journeyman
16plumber in any other state, territory or possession of the
17United States if all of the following requirements are met:

18(1) The individual meets the requirements as to
19character and age.

20(2) The individual pays the required fee.

21(3) The individual demonstrates to the satisfaction of
22the board that the individual meets the experience
23requirement for master plumbers and journeyman plumbers, as
24appropriate.

25(4) The individual provides evidence satisfactory to the
26board that the individual has passed an examination in 
27another jurisdiction demonstrating knowledge of a plumbing
28code.

29(b) Requirement.--For an individual to be eligible to apply
30for a license as a master plumber or a journeyman plumber under

1subsection (a), the other state, territory or possession of the
2United States must provide an opportunity for reciprocal
3licensure which is substantially similar to the opportunity
4provided by the Commonwealth under this section.

5(c) Counties of the first or second class.--An individual
6applying for a license as a master plumber or journeyman plumber
7under subsection (a) who provides or will provide plumbing
8services in either a county of the first class or a county of
9the second class shall further be subject to any licensure 
10requirement of the respective county.

11Section 505. Duration of license.

12(a) Duration of license.--A license issued pursuant to this 
13act shall be on a biennial basis. The biennial expiration date 
14shall be established by the board. Application for renewal of a 
15license shall biennially be forwarded to an individual holding a 
16current license prior to the expiration date of the current 
17biennium. For individuals applying for licensure as an 
18apprentice plumber, the application form must indicate whether 
19registration as an apprentice under the act of July 14, 1961 
20(P.L.604, No.304), known as The Apprenticeship and Training Act, 
21has expired or otherwise lapsed before the biennial renewal 
22cycle will expire.

23(b) Inactive status.--An individual licensed under this act
24may request an application for inactive status. The application
25form may be completed and returned to the board. Upon receipt of
26an application, the individual shall be maintained on inactive
27status without fee and shall be entitled to apply for a
28licensure renewal at any time. An individual who requests the
29board to activate the license of the individual and who has been
30on inactive status shall, prior to receiving an active license,

1satisfy the requirements of the board's regulations regarding
2continuing education and remit the required fee. In the case of
3an apprentice plumber who is placed on inactive status pursuant
4to section 502(e), the apprentice plumber shall provide evidence
5to the board of renewal of registration before the board may
6activate the license. The board shall promulgate regulations to
7carry into effect the provisions of this subsection.

8Section 506. Reporting of multiple licensure.

9A licensee who is also licensed to perform plumbing services
10in any other state, municipality, territory or possession of the
11United States shall report this information to the board on the
12biennial registration application. Any disciplinary action taken
13in another state, municipality, territory, possession of the
14United States or country shall be reported to the board on the
15biennial registration application or within 90 days of final
16disposition, whichever is sooner. Multiple licensure shall be
17noted by the board on the individual's record, and such state, 
18municipality, territory, possession or country shall be notified
19by the board of any disciplinary action taken against the
20licensee in this Commonwealth.

21Section 507. Prohibition.

22This act shall not prohibit the installation, modification or
23replacement of propane-related systems or appliances by the
24owner, principal or employee of a propane distributor if the
25propane distributor is registered with the department under the
26act of June 19, 2002 (P.L.421, No.61), known as the Propane and
27Liquefied Petroleum Gas Act, and with the Attorney General under
28the act of October 17, 2008 (P.L.1645, No.132), known as the
29Home Improvement Consumer Protection Act.

30CHAPTER 7

1ADMINISTRATION AND ENFORCEMENT

2Section 701. Fees, fines and civil penalties.

3(a) Fees.--All fees required under this act shall be fixed 
4by the board by regulation and shall be subject to the act of 
5June 25, 1982 (P.L.633, No.181), known as the Regulatory Review 
6Act. If the revenues raised by the fees, fines and civil 
7penalties imposed under this act are not sufficient to meet 
8expenditures over a two-year period, the board shall increase 
9those fees by regulation so that projected revenues will meet or 
10exceed projected expenditures.

11(b) Fee increase.--If the department determines that the
12fees established by the board under subsection (a) are
13inadequate to meet the minimum enforcement efforts required by
14this act, then the department, after consultation with the board
15and subject to the Regulatory Review Act, shall increase the
16fees by regulation in an amount such that adequate revenues are
17raised to meet the required enforcement effort.

18(c) Account.--A restricted account is hereby created in the 
19State Treasury which shall be known as the Plumbing Contractors 
20Licensure Account. Beginning July 1, 2013, and thereafter, all 
21moneys collected by the State Board of Plumbing Contractors 
22shall be paid into the Plumbing Contractors Licensure Account. 
23Funds in this account are hereby appropriated upon approval of 
24the Governor for payment of the costs of processing licenses and 
25renewals and for other general costs of board operations.

26(d) Renewal fee.--The board may charge a fee, as set by the
27board by regulation, for licensure, for renewing licensure and
28for other administrative actions by the board as permitted by
29this act or by regulation.

30Section 702. Violations.

1(a) General rule.--An individual or the responsible officers
2or employees of a corporation, partnership, firm or other entity
3violating a provision of this act or a regulation of the board
4commits a misdemeanor and shall, upon conviction, be sentenced
5to pay a fine of not more than $1,000 or to imprisonment for not
6more than six months for the first violation. For the second and
7each subsequent conviction, the person shall be sentenced to pay
8a fine of not more than $2,000 or to imprisonment for not less
9than six months or more than one year, or both.

10(b) Civil penalty.--In addition to any other civil remedy or
11criminal penalty provided for in this act, the board, by a vote
12of the majority of the maximum number of the authorized
13membership of the board as provided by law or by a vote of the
14majority of the duly qualified and confirmed membership or a
15minimum of five members, whichever is greater, may levy a civil
16penalty of up to $10,000 on any of the following:

17(1) A licensee who violates a provision of this act.

18(2) An individual or firm that holds himself or itself 
19out as an apprentice plumber, journeyman plumber, master 
20plumber or licensed plumbing contractor without being
21properly licensed as provided in this act.

22 (3) The responsible officers or employees of a
23corporation, partnership, firm or other entity violating a
24provision of this act.

25(c) Procedure.--The board shall levy the civil penalty set 
26forth in subsection (b) only after affording the accused the 
27opportunity for a hearing as provided in 2 Pa.C.S. (relating to 
28administrative law and procedure).

29Section 703. Refusal, suspension or revocation of license.

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

1revoke a license in a case where the board finds:

2(1) The licensee is or has been negligent or incompetent
3in the performance of plumbing services.

4(2) The licensee is or has been unable to perform
5plumbing services with reasonable skill and safety by reason
6of mental or physical illness or condition or physiological
7or psychological dependence upon alcohol, hallucinogenic or
8narcotic drugs or other drugs which tend to impair judgment
9or coordination, so long as such dependence shall continue.
10In enforcing this paragraph, the board shall, upon probable
11cause, have authority to compel a licensee to submit to a
12mental or physical examination as designated by it. After
13notice, hearing, adjudication and appeal, failure of a
14licensee to submit to such examination when directed shall
15constitute an admission of the allegations unless failure is
16due to circumstances beyond the licensee's control,
17consequent upon which a default and final order may be
18entered without the taking of testimony or presentation of
19evidence. A licensee affected under this paragraph shall at
20reasonable intervals be afforded the opportunity to
21demonstrate that he can resume competent, safe and skillful
22performance of plumbing services.

23(3) The licensee has violated any of the provisions of
24this act or a regulation of the board.

25(4) The licensee has committed fraud or deceit in:

26(i) the performance of plumbing services; or

27(ii) securing licensure.

28(5) The board shall not issue a license to an individual 
29who has been convicted of a felonious act prohibited by the 
30act of April 14, 1972 (P.L.233, No.64), known as The
 

1Controlled Substance, Drug, Device and Cosmetic Act, or 
2convicted of a felony relating to a controlled substance in a 
3court of law of the United States or any other state, 
4territory or country unless:

5(i) At least five years have elapsed from the date
6of conviction.

7(ii) The individual satisfactorily demonstrates to
8the board that he has made significant progress in
9personal rehabilitation since the conviction such that
10licensure of the individual should not be expected to
11create a substantial risk of harm to the health and
12safety of the public or a substantial risk of further
13criminal violations.

14(iii) The individual otherwise satisfies the
15qualifications provided in this act. An individual's
16statement on the application declaring the absence of a
17conviction shall be deemed satisfactory evidence of the
18absence of a conviction unless the board has some
19evidence to the contrary.

20(6) The licensee has had the licensee's license
21suspended or revoked or has received other disciplinary
22action by the proper licensing authority in another state,
23territory or possession of the United States or country.

24(7) (Reserved).

25(8) With respect to a master plumber, the master plumber
26failed to properly direct and supervise a journeyman plumber
27or apprentice plumber. This paragraph includes failure to
28ensure compliance with safety standards and applicable
29plumbing codes.

30(9) (Reserved).

1(10) (Reserved).

2(11) The licensee falsely advertised or made misleading,
3deceptive, untrue or fraudulent material representations
4regarding licensure or in the performance of plumbing
5services.

6(12) Unless waived by the board in accordance with
7section 503, the licensee failed to satisfy the continuing
8education requirements of this act.

9(b) Acts authorized.--When the board finds that the license
10of an individual may be refused, revoked or suspended pursuant
11to subsection (a), the board may:

12(1) Deny the application for a license.

13(2) Administer a public reprimand.

14(3) Revoke, suspend, limit or otherwise restrict a
15license.

16(4) Suspend enforcement of its finding and place a
17licensee on probation with the right to vacate the
18probationary order for noncompliance.

19(5) Restore or reissue, in its discretion, a suspended
20license and impose any disciplinary or corrective measure
21which it might originally have imposed.

22Section 704. Suspensions and revocations.

23A suspension or revocation shall be made only in accordance 
24with the regulations of the board and only by majority vote of 
25the members of the board after a full and fair hearing. An 
26action of the board shall be taken subject to the right of 
27notice, hearing and adjudication, and the right of appeal, in 
28accordance with the provisions of 2 Pa.C.S. (relating to 
29administrative law and procedure). The board, by majority action 
30and in accordance with its regulations, may reissue a license
 

1which has been suspended. If a license has been revoked, the 
2board shall reissue a license only in accordance with section 
3706.

4Section 705. Temporary and automatic suspensions.

5(a) General rule.--A license issued under this act may be
6temporarily suspended under circumstances determined by the
7board to be an immediate and clear danger to public health or
8safety or property. The board shall issue an order to that
9effect without a hearing, but upon due notice, to the licensee
10concerned at the licensee's last known address, which shall
11include a written statement of all allegations against the
12licensee. The provisions of section 704 shall not apply to
13temporary suspension. The board shall commence formal action to
14suspend, revoke or restrict the license of the individual as
15otherwise provided for in this act. All actions shall be taken
16promptly and without delay. Within 30 days following the
17issuance of an order temporarily suspending a license, the board
18shall conduct or cause to be conducted a preliminary hearing to
19determine that there is a prima facie case supporting the
20suspension. The individual whose license has been temporarily
21suspended may be present at the preliminary hearing and may be
22represented by counsel, cross-examine witnesses, inspect
23physical evidence, call witnesses, offer evidence and testimony
24and make a record of the proceedings. If it is determined that
25there is not a prima facie case, the suspended license shall be
26immediately restored. The temporary suspension shall remain in
27effect until vacated by the board, but in no event longer than
28180 days.

29(b) Commitment of licensee.--A license issued under this act 
30shall automatically be suspended upon the legal commitment of a
 

1licensee to an institution because of mental incompetency from 
2any cause upon filing with the board a certified copy of such 
3commitment, conviction of a felony under the act of April 14, 
41972 (P.L.233, No.64), known as The Controlled Substance, Drug, 
5Device and Cosmetic Act, or conviction of an offense under the 
6laws of another jurisdiction, which, if committed in this 
7Commonwealth, would be a felony under The Controlled Substance, 
8Drug, Device and Cosmetic Act. Automatic suspension under this 
9subsection shall not be stayed pending an appeal of a 
10conviction. Restoration of the license shall be made as provided 
11in the case of revocation or suspension of a license.

12Section 706. Reinstatement of license.

13Unless ordered to do so by the Commonwealth Court or an
14appeal therefrom, the board shall not reinstate the license of
15an individual which has been revoked. An individual whose
16license has been revoked may reapply for a license, after a
17period of at least five years, but must meet all of the
18licensing requirements of this act.

19Section 707. Surrender of suspended or revoked license.

20The board shall require an individual whose license has been
21suspended or revoked to return the license in such manner as the
22board directs. Failure to do so, and upon conviction thereof,
23shall be a misdemeanor of the third degree.

24Section 708. Injunction.

25Whenever, in the judgment of the board, a person has engaged
26in an act or practice which constitutes or will constitute a
27violation of this act, the board or its agents may make
28application to the appropriate court for an order enjoining such
29act or practice. Upon a showing by the board that the person has
30engaged or is about to engage in such act or practice, an

1injunction, restraining order or such order, as may be
2appropriate, may be granted by the court. The remedy by
3injunction is in addition to any other civil or criminal
4penalty.

5Section 709. Subpoenas and oaths.

6(a) Authority granted.--The board shall have the authority
7to issue subpoenas, upon application of an attorney responsible
8for representing the Commonwealth in disciplinary matters before
9the board, for the purpose of investigating alleged violations
10of the act or regulation of the board. The board shall have the
11power to subpoena witnesses, to administer oaths, to examine
12witnesses and to take such testimony or compel the production of
13such books, records, papers and documents as it may deem
14necessary or proper in and pertinent to any proceeding,
15investigation or hearing held or had by it. The board is
16authorized to apply to Commonwealth Court to enforce its
17subpoenas. The court may impose limitations in the scope of the
18subpoena as are necessary to prevent unnecessary intrusion into
19client confidential information.

20(b) Disciplinary matters.--An attorney responsible for
21representing the Commonwealth in disciplinary matters before the
22board shall notify the board immediately upon receiving
23notification of an alleged violation of this act or a regulation
24of the board. The board shall maintain current record of all
25reported alleged violations and periodically review the records
26for the purpose of determining that each alleged violation has
27been resolved in a timely manner.

28CHAPTER 21

29MISCELLANEOUS PROVISIONS

30Section 2101. Municipalities.

1(a) Municipal licenses not required and exceptions.--
2Licensure under this act shall be acceptable to a municipality 
3or public entity in this Commonwealth, except as to a county of 
4the first or second class, as proof of competence to perform
5plumbing services, and no municipality, other than a county of 
6the first or second class, may require an individual licensed
7under this act to obtain an additional license to perform
8plumbing services.

9(b) Certain powers preserved.--Nothing in this act shall be
10construed to prevent a municipality from doing any of the
11following:

12(1) Inspecting plumbing services or regulating the
13manner in which plumbing services are performed in compliance
14with the current Commonwealth plumbing code or applicable
15municipal plumbing code.

16(2) Levying lawful taxes and fees.

17(3) Requiring the purchase of a business privilege
18license that is unrelated to demonstrating competence in the
19performance of plumbing services.

20(4) Denying or revoking local permits for failure to
21comply with ordinances.

22(c) Plumbing construction standards.--Nothing in this act
23authorizes the board or a municipality to adopt plumbing
24construction standards except within the relevant provisions of
25the act of November 10, 1999 (P.L.491, No.45), known as the
26Pennsylvania Construction Code Act. Nothing in this act 
27authorizes the board or a municipality to adopt a standard or 
28regulation of propane, propane distributors or installation of 
29propane-related systems or appliances which differs or conflicts 
30with sections 15 and 16 of the act of June 19, 2002 (P.L.421,
 

1No.61), known as the Propane and Liquefied Petroleum Gas Act.

2Section 2102. Appropriation.

3The sum of $85,000, or as much thereof as may be necessary,
4is hereby appropriated to the department for the payment of
5costs associated with processing licenses and renewing licenses,
6for the operation of the board and for other costs associated
7with this act. The appropriation shall be repaid by the
8department within three years of the beginning of issuance of
9licenses by the board.

10Section 2103. Regulations.

11Within 18 months of the effective date of this section, the
12board shall begin to promulgate regulations to carry out this
13act.

14Section 2104. Effective date.

15This act shall take effect as follows:

16(1) Section 501 shall take effect in one year.

17(2) This section shall take effect immediately.

18(3) The remainder of this act shall take effect in 60
19days.