PRINTER'S NO. 380
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY ERICKSON, KASUNIC, TARTAGLIONE, SOLOBAY, FERLO AND BOSCOLA, FEBRUARY 6, 2013
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARY 6, 2013
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.
1Section 506. Reporting of multiple licensure.
2Section 507. Prohibition.
3Chapter 7. Administration and Enforcement
4Section 701. Fees, fines and civil penalties.
5Section 702. Violations.
6Section 703. Refusal, suspension or revocation of license.
7Section 704. Suspensions and revocations.
8Section 705. Temporary and automatic suspensions.
9Section 706. Reinstatement of license.
10Section 707. Surrender of suspended or revoked license.
11Section 708. Injunction.
12Section 709. Subpoenas and oaths.
13Chapter 21. Miscellaneous Provisions
14Section 2101. Municipalities.
15Section 2102. Appropriation.
16Section 2103. Regulations.
17Section 2104. Effective date.
18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:
22Section 101. Short title.
23This act shall be known and may be cited as the Plumbing
24Contractors Licensure Act.
25Section 102. Definitions.
26The following words and phrases when used in this act shall
27have the meanings given to them in this section unless the
28context clearly indicates otherwise:
29"Apprentice plumber." An individual who is registered as an
30apprentice under the act of July 14, 1961 (P.L.604, No.304),
1known as The Apprenticeship and Training Act, and who is
2licensed by the State Board of Plumbing Contractors as an
3individual whose principle occupation is learning and assisting
4in the performance of plumbing services.
5"Board." The State Board of Plumbing Contractors.
6"Conviction." The term includes a judgment, an admission of
7guilt or a plea of nolo contendere.
8"Department." The Department of Labor and Industry of the
10"Journeyman plumber." An individual who is licensed by the
11State Board of Plumbing Contractors to assist a master plumber
12with the performance of plumbing services.
13"Master plumber" or "licensed plumbing contractor." An
14individual who has been licensed by the State Board of Plumbing
15Contractors and who is authorized to perform plumbing services
16and to supervise plumbing services provided by an apprentice
17plumber or a journeyman plumber.
20Section 301. State Board of Plumbing Contractors.
21(a) Establishment.--There is hereby established the State
22Board of Plumbing Contractors within the department.
23(b) Composition.--The board shall consist of the following:
24(1) The Secretary of Labor and Industry or a designee.
25(2) Two public members.
26(3) Six professional members. Professional members shall
27have been actively engaged in providing plumbing services in
28this Commonwealth for at least ten years immediately
29preceding appointment. Two professional members shall reside
30in and be licensed as a plumber by a county of the first
1class. One professional member shall reside in and be
2licensed as a plumber by a county of the second class and the
3other shall reside in a county of the third class. Three
4professional members shall be subject to collective
5bargaining agreements. Three professional members shall not
6be subject to collective bargaining agreements. Except as set
7forth in subsection (f), professional members shall be
8licensed under this act as master plumbers.
9(c) Meeting.--The board shall meet within 30 days after the
10appointment of its first members and shall set up operating
11procedures and develop application forms for licensure. It shall
12be the responsibility of the board to circulate the forms and
13educate the public regarding the requirements of this act and
14providing plumbing services in this Commonwealth.
15(d) Term of membership.--Professional and public members
16shall be appointed by the Governor with the advice and consent
17of the Senate. Professional and public members shall be citizens
18of the United States and residents of this Commonwealth. Except
19as provided in subsection (e), professional and public members
20shall serve a term of four years or until a successor has been
21appointed and qualified but in no event longer than six months
22beyond the four-year period. In the event that a member dies or
23resigns or is otherwise disqualified during the term of office,
24a successor shall be appointed in the same way and with the same
25qualifications and shall hold office for the remainder of the
26unexpired term. A professional or public member shall not be
27eligible to hold more than two consecutive terms.
28(e) Appointments.--For professional and public members
29initially appointed to the board pursuant to this act, the term
30of office shall be as follows:
1(1) Five members shall serve for a term of four years.
2(2) Two members shall serve for a term of three years.
3(3) One member shall serve for a term of two years.
4(f) Professional members and initial appointments.--A
5professional member initially appointed to the board pursuant to
6this act need not be licensed at the time of appointment but, at
7the time of appointment, must have satisfied eligibility
8requirements for licensure as provided in this act.
9(g) Quorum.--A majority of the members of the board shall
10constitute a quorum. Except for temporary and automatic
11suspensions under section 705, a member may not be counted as
12part of a quorum or vote on any issue unless the member is
13physically in attendance at the meeting.
14(h) Chairman.--The board shall select annually a chairman
15from among its members.
16(i) Expenses.--With the exception of the secretary, each
17member of the board shall receive $60 per diem when actually
18attending to the work of the board. A member shall also receive
19the amount of reasonable traveling, hotel and other necessary
20expenses incurred in the performance of the member's duties in
21accordance with Commonwealth regulations.
22(j) Forfeiture.--A professional or public member who fails
23to attend three consecutive meetings shall forfeit the member's
24seat unless the secretary, upon written request from the member,
25finds that the member should be excused from a meeting because
26of illness or the death of a family member.
28(l) Frequency of meetings.--The board shall meet at least
29four times a year in the City of Harrisburg and at such
30additional times as may be necessary to conduct the business of
2Section 302. Powers and duties of board.
3(a) General rule.--The board shall have the following powers
5(1) To provide for and regulate the licensing of
6individuals engaged in providing plumbing services.
7(2) To issue, renew, reinstate, fail to renew, suspend
8and revoke licenses as provided for in this act.
9(3) To administer and enforce the provisions of this
11(4) To approve professional testing organizations to
12administer tests to qualified applicants for licensure as
13provided in this act. Written, oral or practical examinations
14shall be prepared and administered by a qualified and
15approved professional testing organization approved by the
17(5) To investigate applications for licensure and to
18determine the eligibility of an individual applying for
19licensure under this act.
20(6) To promulgate and enforce regulations, not
21inconsistent with this act, as necessary only to carry into
22effect the provisions of this act. This paragraph includes
23the setting of fees. Regulations shall be adopted in
24conformity with the provisions of the act of July 31, 1968
25(P.L.769, No.240), referred to as the Commonwealth Documents
26Law, and the act of June 25, 1982 (P.L.633, No.181), known as
27the Regulatory Review Act.
28(7) To keep minutes and records of all its proceedings.
29(8) To keep and maintain a registry of individuals
30licensed by the board. The board shall provide access to the
1registry to the public, including making the registry
2available on a publicly accessible Internet website. The
3registry shall contain the home improvement contractor
4registration number required by the act of October 17, 2008
5(P.L.1645, No.132), known as the Home Improvement Consumer
6Protection Act, and provide access information for the
7website containing registration information if the contractor
8is required to be registered as a residential home
10(9) To submit annually to the department an estimate of
11financial requirements of the board for its administrative,
12legal and other expenses.
13(10) To submit annually a report to the Consumer
14Protection and Professional Licensure Committee of the Senate
15and the Professional Licensure Committee of the House of
16Representatives. The report shall include a description of
17the types of complaints received, the status of cases, the
18action which has been taken and the length of time from
19initial complaint to final resolution.
20(11) To submit annually to the Appropriations Committee
21of the Senate and the Appropriations Committee of the House
22of Representatives, 15 days after the Governor has submitted
23a budget to the General Assembly, a copy of the budget
24request for the upcoming fiscal year which the board
25previously submitted to the department.
28Section 501. Licensure.
29(a) General rule.--An individual may not hold himself out as
30an apprentice plumber, journeyman plumber or master plumber
1unless licensed by the board.
2(b) Business entities.--An individual, corporation,
3partnership, firm or other entity shall not use the term
4"licensed plumbing contractor" in connection with the entity
5unless at least one employee or the owner of the entity is
6licensed as a master plumber in accordance with this act.
7(c) Title.--An individual who holds a license as a master
8plumber or is maintained on inactive status pursuant to section
9505(b) shall have the right to use the title "licensed plumbing
10contractor" and the abbreviation "L.P.C." No other individual
11shall use the title "licensed plumbing contractor" or the
13(d) Responsibility.--A licensed plumbing contractor shall
14assume full responsibility to ensure conformance with safety
15standards and applicable plumbing codes, including plumbing
16codes for first class counties and second class counties as
17provided under the act of November 10, 1999 (P.L.491, No.45),
18known as the Pennsylvania Construction Code Act.
19(e) Additional licensure requirements.--Nothing in this act
20shall prohibit first or second class counties from imposing
21plumbing licensure requirements in addition to the provisions of
23Section 502. Qualifications.
24(a) Master plumber.--To be eligible to apply for licensure
25as a master plumber, an applicant must fulfill the following
27(1) Be at least 18 years of age.
28(2) Submit proof satisfactory to the board that the
29applicant has provided plumbing services for not less than
30five years prior to application. Of the five years'
1experience, five years shall have been as a master plumber or
2one year shall have been as a journeyman plumber and four
3years shall have been as an apprentice plumber. In lieu of
4the five years' experience provided in this paragraph, an
5applicant may submit proof of the applicant's experience
6satisfactory to the board that the individual has sufficient
7training and experience to sit for the examination.
8(3) Pay the fee set by the board.
9(4) Pass the examination provided by the board.
10(5) Provide a current certificate of liability insurance
11in the amount of $500,000.
12(b) Journeyman plumber.--To be eligible for licensure as a
13journeyman plumber, an applicant must fulfill the following
15(1) Be of good moral character.
16(2) Be at least 18 years of age.
17(3) Submit proof satisfactory to the board that the
18applicant has provided plumbing services for not less than
19four years as a journeyman or an apprentice plumber or has
20served 8,000 hours as an apprentice plumber and has
21satisfactorily completed at least 576 hours of related
22technical education at an accredited school.
23(4) Pay the fee set by the board.
24(5) Pass the examination provided by the board.
25(c) Additional requirement.--In addition to passing the
26examination set forth in subsection (a)(4) or (b)(5), an
27individual applying for licensure as a master plumber or a
28journeyman plumber who provides or will provide plumbing
29services in either a first class county or a second class county
30must pass an examination on the plumbing code of the first class
1county or the second class county, as appropriate.
2(d) Apprentice plumber.--To be eligible for licensure as an
3apprentice plumber, an applicant shall fulfill the following
5(1) Be at least 16 years of age.
6(2) Register with the department as set forth in the act
7of July 14, 1961 (P.L.604, No.304), known as The
8Apprenticeship and Training Act. The apprentice plumber shall
9submit proof of current registration to the board.
10(3) Pay the fee set by the board.
11(e) Renewal of license of apprentice plumber.--In the case
12of an apprentice plumber applying for renewal of a license where
13registration under subsection (d)(2) has expired or otherwise
14lapsed before the biennial renewal cycle will expire, the
15apprentice plumber shall submit evidence satisfactory to the
16board that the apprentice plumber has renewed registration to
17the board. Failure to notify the board within 30 days that
18registration has expired or otherwise lapsed shall subject the
19apprentice plumber to disciplinary action. In the case of an
20apprentice plumber whose registration has expired or otherwise
21lapsed, the license shall be immediately placed in inactive
22status by the board. The board shall promulgate regulations in
23order to carry out the provisions of this subsection, including
24regulations setting forth the evidence necessary to demonstrate
25renewal of registration.
26(f) Waiver of examination.--Notwithstanding the provisions
27of subsections (a)(4) and (b)(5), the board shall grant a
28license to an individual applying to become either a master
29plumber or a journeyman plumber without examination if the
30individual meets all of the following requirements:
1(1) The individual applies within 18 months of the
2effective date of this section.
3(2) The individual meets the requirements of age and
4pays the required fee.
5(3) For an individual applying for a license as a master
6plumber under this subsection, the individual submits proof
7satisfactory to the board of any of the following:
8(i) Five years of prior experience immediately
9preceding application providing plumbing services within
11(ii) Five consecutive years of possession of a
12current business license as a plumber from a municipality
13or other agency recognized by the respective county and
14the board where applicable.
15(iii) Successful completion of a test administered
16by the respective county of the first or second class or
17a county or city of the third class, as appropriate to
18working as a licensee in those specific counties or
20(4) For an individual applying for a license as a
21journeyman plumber under this subsection, the individual
22submits proof satisfactory to the board of:
23(i) Four years of prior experience immediately
24preceding the application for licensure providing
25plumbing services under the supervision of an individual
26licensed as a plumber by a municipality or other agency
27recognized by the board.
28(ii) Successful completion of a test administered by
29the respective county of the first or second class or a
30county or city of the third class, as appropriate to
1working as a licensee in those specific counties or
3(g) Convictions prohibited.--The board shall not issue a
4license to an individual who has been convicted of a felonious
5act prohibited by the act of April 14, 1972 (P.L.233, No.64),
6known as The Controlled Substance, Drug, Device and Cosmetic
7Act, or convicted of a felony relating to a controlled substance
8in a court of law of the United States or any other state,
9territory or country unless all of the following have occurred:
10(1) At least five years have elapsed from the date of
12(2) The individual satisfactorily demonstrates to the
13board that he has made significant progress in personal
14rehabilitation since the conviction such that licensure of
15the individual should not be expected to create a substantial
16risk of harm to the health and safety of the public or a
17substantial risk of further criminal violations.
18(3) The individual otherwise satisfies the
19qualifications provided in this act. An individual's
20statement on the application declaring the absence of a
21conviction shall be deemed satisfactory evidence of the
22absence of a conviction unless the board has some evidence to
24Section 503. Continuing education.
25(a) Regulations.--The board shall adopt, promulgate and
26enforce rules and regulations consistent with the provisions of
27this act establishing continuing education to be met by
28individuals licensed as master plumbers and journeyman plumbers.
29Regulations shall include any fees necessary for the board to
30carry out its responsibilities under this section. The board may
1waive all or part of the continuing education requirement for a
2master plumber or a journeyman plumber who shows evidence
3satisfactory to the board that the individual was unable to
4complete the requirement due to illness, emergency, military
5service or other hardship. All courses, materials, locations and
6instructors shall be approved by the board. No credit shall be
7given for a course in office management or practice building.
8(b) Requirement.--Beginning with the licensure period
9designated by regulation, an individual applying for renewal of
10a license as a master plumber or a journeyman plumber shall be
11required to obtain 10 hours of continuing education during the
12two calendar years immediately preceding the application for
14Section 504. Plumbing contractors in other states.
15(a) Reciprocity established.--Subject to subsections (b) and
16(c), the board may issue a license without examination to an
17individual who is licensed as a master plumber or journeyman
18plumber in any other state, territory or possession of the
19United States if all of the following requirements are met:
20(1) The individual meets the requirements as to
21character and age.
22(2) The individual pays the required fee.
23(3) The individual demonstrates to the satisfaction of
24the board that the individual meets the experience
25requirement for master plumbers and journeyman plumbers, as
27(4) The individual provides evidence satisfactory to the
28board that the individual has passed an examination in
29another jurisdiction demonstrating knowledge of a plumbing
1(b) Requirement.--For an individual to be eligible to apply
2for a license as a master plumber or a journeyman plumber under
3subsection (a), the other state, territory or possession of the
4United States must provide an opportunity for reciprocal
5licensure which is substantially similar to the opportunity
6provided by the Commonwealth under this section.
7(c) Counties of the first or second class.--An individual
8applying for a license as a master plumber or journeyman plumber
9under subsection (a) who provides or will provide plumbing
10services in either a county of the first class or a county of
11the second class shall further be subject to any licensure
12requirement of the respective county.
13Section 505. Duration of license.
14(a) Duration of license.--A license issued pursuant to this
15act shall be on a biennial basis. The biennial expiration date
16shall be established by the board. Application for renewal of a
17license shall biennially be forwarded to an individual holding a
18current license prior to the expiration date of the current
19biennium. For individuals applying for licensure as an
20apprentice plumber, the application form must indicate whether
21registration as an apprentice under the act of July 14, 1961
22(P.L.604, No.304), known as The Apprenticeship and Training Act,
23has expired or otherwise lapsed before the biennial renewal
24cycle will expire.
25(b) Inactive status.--An individual licensed under this act
26may request an application for inactive status. The application
27form may be completed and returned to the board. Upon receipt of
28an application, the individual shall be maintained on inactive
29status without fee and shall be entitled to apply for a
30licensure renewal at any time. An individual who requests the
1board to activate the license of the individual and who has been
2on inactive status shall, prior to receiving an active license,
3satisfy the requirements of the board's regulations regarding
4continuing education and remit the required fee. In the case of
5an apprentice plumber who is placed on inactive status pursuant
6to section 502(e), the apprentice plumber shall provide evidence
7to the board of renewal of registration before the board may
8activate the license. The board shall promulgate regulations to
9carry into effect the provisions of this subsection.
10Section 506. Reporting of multiple licensure.
11A licensee who is also licensed to perform plumbing services
12in any other state, municipality, territory or possession of the
13United States shall report this information to the board on the
14biennial registration application. Any disciplinary action taken
15in another state, municipality, territory, possession of the
16United States or country shall be reported to the board on the
17biennial registration application or within 90 days of final
18disposition, whichever is sooner. Multiple licensure shall be
19noted by the board on the individual's record, and such state,
20municipality, territory, possession or country shall be notified
21by the board of any disciplinary action taken against the
22licensee in this Commonwealth.
23Section 507. Prohibition.
24This act shall not prohibit the installation, modification or
25replacement of propane-related systems or appliances by the
26owner, principal or employee of a propane distributor if the
27propane distributor is registered with the department under the
28act of June 19, 2002 (P.L.421, No.61), known as the Propane and
29Liquefied Petroleum Gas Act, and with the Attorney General under
30the act of October 17, 2008 (P.L.1645, No.132), known as the
1Home Improvement Consumer Protection Act.
3ADMINISTRATION AND ENFORCEMENT
4Section 701. Fees, fines and civil penalties.
5(a) Fees.--All fees required under this act shall be fixed
6by the board by regulation and shall be subject to the act of
7June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
8Act. If the revenues raised by the fees, fines and civil
9penalties imposed under this act are not sufficient to meet
10expenditures over a two-year period, the board shall increase
11those fees by regulation so that projected revenues will meet or
12exceed projected expenditures.
13(b) Fee increase.--If the department determines that the
14fees established by the board under subsection (a) are
15inadequate to meet the minimum enforcement efforts required by
16this act, then the department, after consultation with the board
17and subject to the Regulatory Review Act, shall increase the
18fees by regulation in an amount such that adequate revenues are
19raised to meet the required enforcement effort.
20(c) Account.--A restricted account is hereby created in the
21State Treasury which shall be known as the Plumbing Contractors
22Licensure Account. Beginning July 1, 2013, and thereafter, all
23moneys collected by the State Board of Plumbing Contractors
24shall be paid into the Plumbing Contractors Licensure Account.
25Funds in this account are hereby appropriated upon approval of
26the Governor for payment of the costs of processing licenses and
27renewals and for other general costs of board operations.
28(d) Renewal fee.--The board may charge a fee, as set by the
29board by regulation, for licensure, for renewing licensure and
30for other administrative actions by the board as permitted by
1this act or by regulation.
2Section 702. Violations.
3(a) General rule.--An individual or the responsible officers
4or employees of a corporation, partnership, firm or other entity
5violating a provision of this act or a regulation of the board
6commits a misdemeanor and shall, upon conviction, be sentenced
7to pay a fine of not more than $1,000 or to imprisonment for not
8more than six months for the first violation. For the second and
9each subsequent conviction, the person shall be sentenced to pay
10a fine of not more than $2,000 or to imprisonment for not less
11than six months or more than one year, or both.
12(b) Civil penalty.--In addition to any other civil remedy or
13criminal penalty provided for in this act, the board, by a vote
14of the majority of the maximum number of the authorized
15membership of the board as provided by law or by a vote of the
16majority of the duly qualified and confirmed membership or a
17minimum of five members, whichever is greater, may levy a civil
18penalty of up to $10,000 on any of the following:
19(1) A licensee who violates a provision of this act.
20(2) An individual or firm that holds himself or itself
21out as an apprentice plumber, journeyman plumber, master
22plumber or licensed plumbing contractor without being
23properly licensed as provided in this act.
24 (3) The responsible officers or employees of a
25corporation, partnership, firm or other entity violating a
26provision of this act.
27(c) Procedure.--The board shall levy the civil penalty set
28forth in subsection (b) only after affording the accused the
29opportunity for a hearing as provided in 2 Pa.C.S. (relating to
30administrative law and procedure).
1Section 703. Refusal, suspension or revocation of license.
2(a) General rule.--The board may refuse to issue, suspend or
3revoke a license in a case where the board finds:
4(1) The licensee is or has been negligent or incompetent
5in the performance of plumbing services.
6(2) The licensee is or has been unable to perform
7plumbing services with reasonable skill and safety by reason
8of mental or physical illness or condition or physiological
9or psychological dependence upon alcohol, hallucinogenic or
10narcotic drugs or other drugs which tend to impair judgment
11or coordination, so long as such dependence shall continue.
12In enforcing this paragraph, the board shall, upon probable
13cause, have authority to compel a licensee to submit to a
14mental or physical examination as designated by it. After
15notice, hearing, adjudication and appeal, failure of a
16licensee to submit to such examination when directed shall
17constitute an admission of the allegations unless failure is
18due to circumstances beyond the licensee's control,
19consequent upon which a default and final order may be
20entered without the taking of testimony or presentation of
21evidence. A licensee affected under this paragraph shall at
22reasonable intervals be afforded the opportunity to
23demonstrate that he can resume competent, safe and skillful
24performance of plumbing services.
25(3) The licensee has violated any of the provisions of
26this act or a regulation of the board.
27(4) The licensee has committed fraud or deceit in:
28(i) the performance of plumbing services; or
29(ii) securing licensure.
30(5) The board shall not issue a license to an individual
1who has been convicted of a felonious act prohibited by the
2act of April 14, 1972 (P.L.233, No.64), known as The
3Controlled Substance, Drug, Device and Cosmetic Act, or
4convicted of a felony relating to a controlled substance in a
5court of law of the United States or any other state,
6territory or country unless:
7(i) At least five years have elapsed from the date
9(ii) The individual satisfactorily demonstrates to
10the board that he has made significant progress in
11personal rehabilitation since the conviction such that
12licensure of the individual should not be expected to
13create a substantial risk of harm to the health and
14safety of the public or a substantial risk of further
16(iii) 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
21evidence to the contrary.
22(6) The licensee has had the licensee's license
23suspended or revoked or has received other disciplinary
24action by the proper licensing authority in another state,
25territory or possession of the United States or country.
27(8) With respect to a master plumber, the master plumber
28failed to properly direct and supervise a journeyman plumber
29or apprentice plumber. This paragraph includes failure to
30ensure compliance with safety standards and applicable
4(11) The licensee falsely advertised or made misleading,
5deceptive, untrue or fraudulent material representations
6regarding licensure or in the performance of plumbing
8(12) Unless waived by the board in accordance with
9section 503, the licensee failed to satisfy the continuing
10education requirements of this act.
11(b) Acts authorized.--When the board finds that the license
12of an individual may be refused, revoked or suspended pursuant
13to subsection (a), the board may:
14(1) Deny the application for a license.
15(2) Administer a public reprimand.
16(3) Revoke, suspend, limit or otherwise restrict a
18(4) Suspend enforcement of its finding and place a
19licensee on probation with the right to vacate the
20probationary order for noncompliance.
21(5) Restore or reissue, in its discretion, a suspended
22license and impose any disciplinary or corrective measure
23which it might originally have imposed.
24Section 704. Suspensions and revocations.
25A suspension or revocation shall be made only in accordance
26with the regulations of the board and only by majority vote of
27the members of the board after a full and fair hearing. An
28action of the board shall be taken subject to the right of
29notice, hearing and adjudication, and the right of appeal, in
30accordance with the provisions of 2 Pa.C.S. (relating to
1administrative law and procedure). The board, by majority action
2and in accordance with its regulations, may reissue a license
3which has been suspended. If a license has been revoked, the
4board shall reissue a license only in accordance with section
6Section 705. Temporary and automatic suspensions.
7(a) General rule.--A license issued under this act may be
8temporarily suspended under circumstances determined by the
9board to be an immediate and clear danger to public health or
10safety or property. The board shall issue an order to that
11effect without a hearing, but upon due notice, to the licensee
12concerned at the licensee's last known address, which shall
13include a written statement of all allegations against the
14licensee. The provisions of section 704 shall not apply to
15temporary suspension. The board shall commence formal action to
16suspend, revoke or restrict the license of the individual as
17otherwise provided for in this act. All actions shall be taken
18promptly and without delay. Within 30 days following the
19issuance of an order temporarily suspending a license, the board
20shall conduct or cause to be conducted a preliminary hearing to
21determine that there is a prima facie case supporting the
22suspension. The individual whose license has been temporarily
23suspended may be present at the preliminary hearing and may be
24represented by counsel, cross-examine witnesses, inspect
25physical evidence, call witnesses, offer evidence and testimony
26and make a record of the proceedings. If it is determined that
27there is not a prima facie case, the suspended license shall be
28immediately restored. The temporary suspension shall remain in
29effect until vacated by the board, but in no event longer than
1(b) Commitment of licensee.--A license issued under this act
2shall automatically be suspended upon the legal commitment of a
3licensee to an institution because of mental incompetency from
4any cause upon filing with the board a certified copy of such
5commitment, conviction of a felony under the act of April 14,
61972 (P.L.233, No.64), known as The Controlled Substance, Drug,
7Device and Cosmetic Act, or conviction of an offense under the
8laws of another jurisdiction, which, if committed in this
9Commonwealth, would be a felony under The Controlled Substance,
10Drug, Device and Cosmetic Act. Automatic suspension under this
11subsection shall not be stayed pending an appeal of a
12conviction. Restoration of the license shall be made as provided
13in the case of revocation or suspension of a license.
14Section 706. Reinstatement of license.
15Unless ordered to do so by the Commonwealth Court or an
16appeal therefrom, the board shall not reinstate the license of
17an individual which has been revoked. An individual whose
18license has been revoked may reapply for a license, after a
19period of at least five years, but must meet all of the
20licensing requirements of this act.
21Section 707. Surrender of suspended or revoked license.
22The board shall require an individual whose license has been
23suspended or revoked to return the license in such manner as the
24board directs. Failure to do so, and upon conviction thereof,
25shall be a misdemeanor of the third degree.
26Section 708. Injunction.
27Whenever, in the judgment of the board, a person has engaged
28in an act or practice which constitutes or will constitute a
29violation of this act, the board or its agents may make
30application to the appropriate court for an order enjoining such
1act or practice. Upon a showing by the board that the person has
2engaged or is about to engage in such act or practice, an
3injunction, restraining order or such order, as may be
4appropriate, may be granted by the court. The remedy by
5injunction is in addition to any other civil or criminal
7Section 709. Subpoenas and oaths.
8(a) Authority granted.--The board shall have the authority
9to issue subpoenas, upon application of an attorney responsible
10for representing the Commonwealth in disciplinary matters before
11the board, for the purpose of investigating alleged violations
12of the act or regulation of the board. The board shall have the
13power to subpoena witnesses, to administer oaths, to examine
14witnesses and to take such testimony or compel the production of
15such books, records, papers and documents as it may deem
16necessary or proper in and pertinent to any proceeding,
17investigation or hearing held or had by it. The board is
18authorized to apply to Commonwealth Court to enforce its
19subpoenas. The court may impose limitations in the scope of the
20subpoena as are necessary to prevent unnecessary intrusion into
21client confidential information.
22(b) Disciplinary matters.--An attorney responsible for
23representing the Commonwealth in disciplinary matters before the
24board shall notify the board immediately upon receiving
25notification of an alleged violation of this act or a regulation
26of the board. The board shall maintain current record of all
27reported alleged violations and periodically review the records
28for the purpose of determining that each alleged violation has
29been resolved in a timely manner.
2Section 2101. Municipalities.
3(a) Municipal licenses not required and exceptions.--
4Licensure under this act shall be acceptable to a municipality
5or public entity in this Commonwealth, except as to a county of
6the first or second class, as proof of competence to perform
7plumbing services, and no municipality, other than a county of
8the first or second class, may require an individual licensed
9under this act to obtain an additional license to perform
11(b) Certain powers preserved.--Nothing in this act shall be
12construed to prevent a municipality from doing any of the
14(1) Inspecting plumbing services or regulating the
15manner in which plumbing services are performed in compliance
16with the current Commonwealth plumbing code or applicable
17municipal plumbing code.
18(2) Levying lawful taxes and fees.
19(3) Requiring the purchase of a business privilege
20license that is unrelated to demonstrating competence in the
21performance of plumbing services.
22(4) Denying or revoking local permits for failure to
23comply with ordinances.
24(c) Plumbing construction standards.--Nothing in this act
25authorizes the board or a municipality to adopt plumbing
26construction standards except within the relevant provisions of
27the act of November 10, 1999 (P.L.491, No.45), known as the
28Pennsylvania Construction Code Act. Nothing in this act
29authorizes the board or a municipality to adopt a standard or
30regulation of propane, propane distributors or installation of
1propane-related systems or appliances which differs or conflicts
2with sections 15 and 16 of the act of June 19, 2002 (P.L.421,
3No.61), known as the Propane and Liquefied Petroleum Gas Act.
4Section 2102. Appropriation.
5The sum of $85,000, or as much thereof as may be necessary,
6is hereby appropriated to the department for the payment of
7costs associated with processing licenses and renewing licenses,
8for the operation of the board and for other costs associated
9with this act. The appropriation shall be repaid by the
10department within three years of the beginning of issuance of
11licenses by the board.
12Section 2103. Regulations.
13Within 18 months of the effective date of this section, the
14board shall begin to promulgate regulations to carry out this
16Section 2104. Effective date.
17This act shall take effect as follows:
18(1) Section 501 shall take effect in one year.
19(2) This section shall take effect immediately.
20(3) The remainder of this act shall take effect in 60