PRINTER'S NO. 997
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
800
Session of
2021
INTRODUCED BY KANE, FONTANA, MUTH, BREWSTER, SANTARSIERO,
COMITTA AND CAPPELLETTI, JULY 20, 2021
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JULY 20, 2021
AN ACT
Providing for plumber and 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 State; 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. State Board of Plumbing Contractors
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 Plumber and
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 board as an individual whose principal
occupation is learning and assisting in the performance of
plumbing services.
"Board." The State Board of Plumbing Contractors established
under section 301(a).
"Conviction." The term includes a judgment, an admission of
guilt or a plea of nolo contendere.
"Department." The Department of State of the Commonwealth.
"Journeyman plumber." An individual who is licensed by the
State Board of Plumbing Contractors to assist a master plumber
with the performance of plumbing services.
"Master plumber" or "licensed plumbing contractor." An
individual who has been licensed by the State Board of Plumbing
Contractors and who is authorized to perform plumbing services
and to supervise plumbing services provided by an apprentice
plumber or a journeyman plumber.
"Minor repairs." The repair of an existing plumbing fixture,
including the replacement of faucets or valves or parts of
faucets or valves, the clearance of stoppages, the stopping of
leaks without replacement of water, drainage or vent piping, the
relieving of frozen pipes or other minor replacement or repair
of existing plumbing fixtures.
"Plumbing services." The installation, maintenance,
extension, erection, repair or alteration of piping, plumbing
fixtures, plumbing appliances and plumbing apparatus in
connection with sanitary drainage, storm piping and facilities
and building sewers to the facility's or sewer's final
connection to an approved point of disposal, venting systems,
public and private water supply systems of a premises or
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building within the property line and to the final connection
with an approved supply system. The term also includes the
installation, maintenance, extension, erection, repair or
alteration of piping, plumbing fixtures and plumbing apparatus
used for storm piping and facilities and building sewers, liquid
waste or sewage.
CHAPTER 3
STATE BOARD OF PLUMBING CONTRACTORS
Section 301. State Board of Plumbing Contractors.
(a) Establishment.--The State Board of Plumbing Contractors
is established in the department.
(b) Composition.--The board shall consist of:
(1) The Secretary of State or a designee.
(2) Two public members with no plumbing industry
affiliation.
(3) Six professional members who shall have been
actively engaged in providing plumbing services in this
Commonwealth for at least 10 years immediately preceding
appointment, including:
(i) Two professional members who reside in or
represent an entity legally based in a county of the
first class.
(ii) Two professional members who reside in or
represent an entity legally based in a county of the
second class.
(iii) Two professional members who reside in or
represent an entity legally based in any county of the
Commonwealth excluding counties of the first and second
class.
(iv) Three professional members who are subject to
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collective bargaining agreements.
(v) Three professional members who may not be
subject to collective bargaining agreements.
(vi) Except as provided in Chapter 5, professional
members must be licensed under this act as master
plumbers in a jurisdiction of the Commonwealth that
provides testing of master plumbers satisfactory to the
board.
(c) Initial 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) Appointments and 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. If a
member dies, 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 be eligible to hold more than three consecutive terms.
(e) Initial appointment.--For professional and public
members initially appointed to the board under this act, the
term of office shall be as follows:
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(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) Quorum.--A majority of the members of the board shall
constitute a quorum. 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. Virtual meeting may be conducted as
deemed necessary by the board. Only current board members
maintaining the requirements for appointment shall be entitled
to a vote.
(g) Chairperson.--The board shall select annually a
chairperson from among its members.
(h) Expenses.--With the exception of the Secretary of State,
a member of the board shall receive $100 per diem when attending
to the work of the board. A member shall also receive the amount
of reasonable travel, hotel and other necessary expenses
incurred in the performance of the member's duties in accordance
with Commonwealth regulations.
(i) Forfeiture.--A professional or public member who fails
to attend three consecutive meetings shall forfeit the member's
seat unless the Secretary of State, on 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.
(j) Frequency of meetings.--The board shall meet at least
six times a year in the City of Harrisburg or an alternate
location approved by the Secretary of State that may be
suggested at the majority consensus of the board. Additional
meetings may be scheduled if deemed necessary to conduct the
business of the board.
Section 302. Powers and duties of board.
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The board shall have the following powers and duties:
(1) To provide for and regulate the licensing of
individuals engaged in providing plumbing services.
(2) To issue, renew, reinstate, decline to renew,
suspend and revoke licenses under 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 under
this act. Written, oral or practical examinations shall be
prepared and administered by a qualified and approved
professional testing organization. The examinations shall be
approved by the board then administered by a qualifying 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.
(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 the board's
proceedings.
(8) To keep and maintain a registry of individuals
licensed by the board. The board shall provide access to the
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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 the board's
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.
(11) To submit annually to the Appropriations Committee
of the Senate and the Appropriations Committee of the House
of Representatives, 30 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.
CHAPTER 5
LICENSURE
Section 501. Licensure.
(a) Prohibition.--An individual may not provide plumbing
services, offer himself or herself for employment as an
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individual who may provide plumbing services or hold himself or
herself out as an individual authorized to perform plumbing
services unless licensed by the board.
(b) Business entities.--An individual, corporation,
partnership, firm or other entity shall not:
(1) Employ an individual to provide plumbing services or
direct an individual to provide plumbing services unless the
individual is licensed under this act.
(2) Use the term "licensed plumbing contractor" in
connection with the individual, corporation, partnership,
firm or other entity unless at least one full-time employee
or the owner of the entity is licensed as a master plumber
under this act. If the employment of the full-time employee
holding the master plumber license for the entity is
terminated or otherwise interrupted for any reason, a
qualified replacement must be named within 15 business days
and the entity must notify the board of the change.
(c) Title.--An individual who holds a license as a master
plumber shall have the right to use the title "licensed plumbing
contractor" and the abbreviation "L.P.C." No other individual
may use the title "licensed plumbing contractor" or the
abbreviation "L.P.C." Except as provided in subsection (d), no
individual may hold himself or herself out as being authorized
to provide plumbing services.
(d) Exceptions.--The following exceptions apply:
(1) A journeyman plumber or apprentice plumber may hold
himself or herself out as being authorized to perform
plumbing services if the journeyman plumber or apprentice
plumber is employed by and works under the direction and
supervision of a licensed plumbing contractor or master
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plumber.
(2) An individual who is not in the business of
providing plumbing services and who performs minor repairs in
a residence may not be required to obtain a license under
this act. The individuals shall not be permitted to use the
title of "licensed plumbing contractor," master plumber or
the abbreviation "L.P.C."
(e) Responsibility.--A licensed plumbing contractor or
master plumber shall assume full responsibility for the plumbing
services irrespective of whether the plumbing services were
performed by the licensed plumbing contractor, master plumber,
journeyman plumber or an apprentice plumber employed by and
working under the direction and supervision of the licensed
plumbing contractor or master plumber. This subsection includes
the responsibility of the licensed plumbing contractor or master
plumber to ensure conformance with safety standards and
applicable plumbing codes, including plumbing codes for first
class counties and second class counties.
Section 502. Qualifications.
(a) Master plumber.--To be eligible to apply for licensure
as a master plumber, an applicant must:
(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, all in a jurisdiction or
municipality approved by the board. In lieu of the minimum
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five years' experience under this paragraph, an applicant may
submit proof satisfactory to the board that the individual
has sufficient training and experience to sit for the
examination. The proof shall be either accepted or rejected
by the board on a case-by-case basis and the board's
decisions shall be considered final.
(3) Pay the fee set by the board.
(4) Pass the examination provided by the board.
(5) Provide a current certificate or insurance verifying
workers compensation coverage and of liability insurance in
the amount of $500,000.
(6) In addition to fulfilling the other requirements
under this subsection, an individual applying for licensure
as a master plumber who will provide plumbing services in
either a first class county or a second class county shall
pass an examination on the plumbing code of the first class
county or the second class county, as applicable.
(b) Journeyman plumber.--To be eligible for licensure as a
journeyman plumber, an applicant must:
(1) Be at least 18 years of age.
(2) 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 in a
jurisdiction or municipality approved by the board or has
served not less than 8,000 hours as an apprentice
plumber;
(ii) satisfactorily completed not less than 576
hours of related technical education at an accredited
school approved by the board and the department; or
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(iii) submitted proof, in lieu of the four years'
experience as required under subparagraph (i), of the
applicant's experience satisfactory to the board that the
individual has sufficient training and experience to sit
for the examination. This proof shall be either accepted
or rejected by the board on a case-by-case basis and the
board's decision regarding this proof shall be considered
final.
(3) Provide a certificate of completion of
apprenticeship from the department.
(4) Pay the fee set by the board.
(5) Pass the examination provided by the board.
(c) Additional requirement.--In addition to the other
requirements of this section, an individual applying for
licensure as a master plumber or a journeyman plumber who
provides or will provide plumbing services in either a county of
the first class or a county of the second class must pass an
examination on the plumbing code of the respective county.
(d) Apprentice plumber.--To be eligible for licensure as an
apprentice plumber, an applicant must:
(1) Be at least 16 years of age.
(2) Register with the department as specified under the
act of July 14, 1961 (P.L.604, No.304), known as The
Apprenticeship and Training Act. The apprentice plumber shall
submit proof of current registration to the board.
(3) Pay the fee set by the board.
(4) If providing plumbing services in either a county of
the first class or a county of the second class, pass an
examination on the plumbing code of the first class county or
the second class county, as applicable.
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(e) Renewal of license of apprentice plumber.--In the case
of an apprentice plumber applying for renewal of a license when
registration under section 502(d) has expired or otherwise
lapsed, the apprentice plumber shall submit evidence
satisfactory to the board that the apprentice plumber has
renewed the registration. 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 on
inactive status by the board. The board shall promulgate
regulations in order to carry out the provisions of this
subsection, including regulations specifying the evidence
necessary to demonstrate renewal of the registration.
(f) Waiver of examination.--Notwithstanding the provisions
of section 502(a) and (b), the board shall grant a license to an
individual applying to become either a master plumber or a
journeyman plumber without examination if the individual meets
all of the following requirements:
(1) The individual applies within 18 months of the
effective date of this section.
(2) The individual meets the requirements of age and
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 in a
jurisdiction or municipality approved by the board;
(ii) five consecutive years of possession of a
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current business license as a plumber or an entity
providing plumbing services from a jurisdiction or
municipality approved by the board; or
(iii) successful completion of a test administered
by a jurisdiction, municipality or an agency approved by
the board or the respective county of the first or second
class, as appropriate to working as a licensed plumbing
contractor or journeyman plumber in those specific
counties or cities.
(f.1) Proof.--Proof submitted to the board under this
section shall be accepted or rejected by the board on a case-by-
case basis and the board's decision regarding this proof shall
be considered final.
(g) Convictions prohibited.--The board may not issue a
license to an individual who has been convicted of a felony
prohibited by the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act, in a
court of law of the United States or any other state, territory
or country unless 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 the individual has made significant progress in
personal rehabilitation since the conviction to ensure 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;
or
(3) the individual otherwise satisfies the
qualifications under this act. An individual's statement on
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the application declaring the absence of a conviction shall
be deemed satisfactory evidence of the absence of a
conviction unless the board has evidence to the contrary.
Section 503. Continuing education.
(a) Regulations.--The board shall adopt, promulgate and
enforce rules and regulations consistent with the provisions of
this act establishing continuing education to be met by
individuals licensed as master plumbers and journeyman plumbers.
Regulations shall include any fees necessary for the board to
carry out the board's 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. The waiver will be accepted
or rejected by the board on a case-by-case basis and the board's
decision regarding the proof shall be considered final. All
courses, materials, locations and instructors shall be approved
by the board.
(b) Requirement.--Beginning with the licensure period
designated by regulation, an individual applying for renewal of
a license as a master plumber shall be required to obtain 12
hours of continuing education during the two calendar years
immediately preceding the application for renewal.
(c) Requirements.--Beginning with the licensure period
designated by regulation, an individual applying for renewal of
a license as a journeyman plumber shall be required to obtain
eight hours of continuing education during the two calendar
years immediately preceding the application for renewal.
Section 504. Plumbing contractors in other states.
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(a) Requirement.--For an individual to be eligible to apply
for a license as a master plumber or a journeyman plumber under
subsection (b), 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.
(b) Reciprocity established.--Subject to subsection (a), 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 age requirements.
(2) The individual pays the required fee.
(3) The individual demonstrates to the satisfaction of
the board that the individual meets the experience
requirement for master plumbers and journeyman plumbers, as
appropriate.
(4) The individual provides evidence satisfactory to the
board that the individual has passed an examination in
another jurisdiction demonstrating knowledge of a plumbing
code.
(c) Counties of the first or second class.--An individual
applying for a license as a master plumber or journeyman plumber
under this section who provides or will provide plumbing
services in either a county of the first class or a county of
the second class must pass an examination administered by the
respective county on the plumbing code of the respective county.
Section 505. Duration of license.
(a) Biennial license.--A license issued under this act shall
be on a biennial basis. The biennial expiration date shall be
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established by the board. Application for renewal of a license
shall 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
form may be completed by the individual 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 who
has been on inactive status shall, prior to receiving an active
license, satisfy the board's requirements 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
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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 of the United States
or country shall be notified by the board of disciplinary action
taken against the licensee in this Commonwealth.
Section 507. Prohibition.
(a) Propane.--This act does not prohibit the installation,
modification or replacement of propane-related systems or
appliances by the owner, principal or employee of a propane
distributor if the propane distributor is registered with the
department under the act of June 19, 2002 (P.L.421, No.61),
known as the Propane and Liquefied Petroleum Gas Act, and with
the Attorney General under the act of October 17, 2008
(P.L.1645, No.132), known as the Home Improvement Consumer
Protection Act.
(b) Registration.--Nothing in this act or section shall
relieve an individual, corporation, partnership, firm, licensed
plumbing contractor or master plumber from, if applicable under
the act, maintaining registration 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
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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 enforcement required by this act, the
department, after consultation with the board and subject to the
Regulatory Review Act, shall increase the fees by regulation in
an amount to ensure that revenues meet the required enforcement.
(c) Account.--A restricted account is established in the
General Fund that shall be known as the Plumbing Contractors
Licensure Account. Beginning July 1, 2022, and thereafter, all
money collected by the board shall be paid into the Plumbing
Contractors Licensure Account. Money in the account is
appropriated upon approval of the Governor for payment of the
costs of processing licenses and renewals and for other general
costs of board operations.
(d) Renewal fee.--The board may charge a fee, as set by the
board by regulation, for licensure, for renewing licensure and
for other administrative actions by the board as permitted by
this act or by regulation.
Section 702. Violations.
(a) Criminal penalty.--An individual or the responsible
officers or employees of a corporation, partnership, firm,
entity, licensed plumbing contractor, master plumber 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 $1,500 or to
imprisonment for not more than six months for the first
violation. For the second and each subsequent conviction, the
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individual shall be sentenced to pay a fine of not more than
$3,000 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 under this act, the board, by a vote of the
majority may levy a civil penalty of up to $10,000 on any of the
following:
(1) A licensee who violates a provision of this act.
(2) An individual who performs plumbing services in
violation of this act without being properly licensed under
this act.
(3) The responsible officers or employees of a
corporation, partnership, firm, entity, licensed plumbing
contractor, master plumber or other entity violating a
provision of this act.
(c) Procedure.--The board shall levy the civil penalty
specified 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
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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
the licensee can resume competent, safe and skillful
performance of plumbing services.
(3) The licensee has violated any of the provisions of
this act or a regulation of the board.
(4) The licensee has committed fraud or deceit in:
(i) the performance of plumbing services; or
(ii) securing licensure.
(5) An applicant has been convicted of a felony
prohibited by the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act, 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 the individual has made significant
progress in personal rehabilitation since the conviction
so that licensure of the individual should not be
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expected to create a substantial risk of harm to the
health and safety of the public or a substantial risk of
further criminal violations; or
(iii) the individual otherwise satisfies the
qualifications under 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 evidence to the contrary.
(6) The licensee's license was suspended or revoked or
has received other disciplinary action by the proper
licensing authority in another state, territory or possession
of the United States or country.
(7) 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 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.
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(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 the board's discretion, a
suspended license and impose a disciplinary or corrective
measure that the board may have imposed.
Section 704. Suspensions and revocations.
A suspension or revocation shall be made only in accordance
with the regulations of the board and only by majority vote of
the members of the board after a full and fair hearing. An
action of the board shall be taken subject to the right of
notice, hearing and adjudication, and the right of appeal, in
accordance with the provisions of 2 Pa.C.S. (relating to
administrative law and procedure). The board, by majority action
and in accordance with the board's regulations, may reissue a
license which has been suspended. If a license has been revoked,
the board shall reinstate a license 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 at
the licensee's last known address that shall include a written
statement of all allegations against the licensee. The
provisions of section 704 do not apply to temporary suspension.
The board shall commence formal action to suspend, revoke or
restrict the license of the individual under this act. All
actions shall be taken promptly and without delay. Within 30
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days following the issuance of an order temporarily suspending a
license, the board shall conduct or cause to be conducted a
preliminary hearing to determine that there is a prima facie
case supporting the suspension. The individual whose license has
been temporarily suspended may be present at the preliminary
hearing and may be represented by counsel, cross-examine
witnesses, inspect physical evidence, call witnesses, offer
evidence and testimony and make a record of the proceedings. If
it is determined that there is not a prima facie case, the
suspended license shall be immediately restored. The temporary
suspension shall remain in effect until vacated by the board,
but in no event longer than 180 days.
(b) Commitment of licensee.--A license issued under this act
shall automatically be suspended if:
(1) 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.
(2) Conviction of a felony or conviction of an offense
under the laws of another jurisdiction, that, if committed in
this Commonwealth, would be a felony.
(3) Automatic suspension under this subsection may 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 may not reinstate
the license of an individual whose license has been revoked. An
individual whose license has been revoked may reapply for a
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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
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 the board may deem necessary or
proper in and pertinent to a proceeding, investigation or
hearing held by the board. The board is authorized to apply to
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Commonwealth Court to enforce the board's subpoenas.
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
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
in this Commonwealth as proof of competence to perform plumbing
services, and no municipality 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:
(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
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performance of plumbing services.
(4) Denying or revoking local permits for failure to
comply with ordinances.
(c) Plumbing construction standards.--Nothing in this act
authorizes the board or a municipality to adopt plumbing
construction standards except within the relevant provisions of
the act of November 10, 1999 (P.L.491, No.45), known as the
Pennsylvania Construction Code Act. Nothing in this act
authorizes the board or a municipality to adopt a standard or
regulation of propane, propane distributors or installation of
propane-related systems or appliances which differs or conflicts
with sections 15 and 16 of the act of June 19, 2002 (P.L.421,
No.61), known as the Propane and Liquefied Petroleum Gas Act.
Section 902. Appropriation.
The sum of $250,000, 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) This section shall take effect immediately.
(2) Section 501(c) shall take effect in 30 days.
(3) Section 502(a)(4) and (6) shall take effect in 60
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days.
(4) The remainder of this act shall take effect in 18
months.
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