SB359 (2006) Detail

Relative to the regulation of plumbers and water treatment technicians by the plumbers' board.


CHAPTER 319

SB 359-FN – FINAL VERSION

02/23/06 1013s

02/23/06 1227s

26Apr2006… 1829h

05/24/06 2300CofC

05/24/06…2399eba

2006 SESSION

06-2416

10/04

SENATE BILL 359-FN

AN ACT relative to the regulation of plumbers and water treatment technicians by the plumbers’ board.

SPONSORS: Sen. Larsen, Dist 15; Sen. D'Allesandro, Dist 20; Sen. Clegg, Dist 14; Sen. Hassan, Dist 23; Rep. DeJoie, Merr 11; Rep. Craig, Hills 9; Rep. Wallner, Merr 12

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill makes various changes to the licensing requirements for plumbers and certification requirements for water treatment technicians.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/23/06 1013s

02/23/06 1227s

26Apr2006… 1829h

05/24/06 2300CofC

05/24/06…2399eba

06-2416

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the regulation of plumbers and water treatment technicians by the plumbers’ board.

Be it Enacted by the Senate and House of Representatives in General Court convened:

319:1 Definition; Master Plumber. Amend RSA 329-A:2, I to read as follows:

I. “Master plumber” means any person, firm [or], corporation, or limited liability company that, as a business, hires or employs a person or persons to do plumbing work, or, without hiring any person, does that work as a principal business or as auxiliary to a principal business for his or its own account.

319:2 Definition; Apprentice. Amend RSA 329-A:2, III to read as follows:

III. “Apprentice” means any person who is engaged in learning and assisting in the installation of plumbing and drainage under an apprenticeship program [acceptable to the board] that meets the requirements of the state apprenticeship council established in RSA 278.

319:3 New Paragraphs; Definitions Added. Amend RSA 329-A:2 by inserting after paragraph VIII the following new paragraphs:

IX. “Agent” means a person who is designated as an agent in writing by the property owner of record and who does plumbing for that property owner of record without compensation.

X. “State plumbing code” means the state plumbing code described in RSA 329-A:15.

319:4 Plumbers’ Board. Amend RSA 329-A:3, I to read as follows:

I. There shall be a state board for the licensing and regulation of plumbers consisting of 5 members: [2 master] 3 licensed plumbers, one of whom may be a journeyman plumber, and 2 public members, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member of the board shall be appointed to more than 2 consecutive terms. A member of the board shall serve as the board secretary.

319:5 Fees. Amend RSA 329-A:5-a to read as follows:

329-A:5-a Fees. The board shall establish fees for [examination of applicants, for] licensure [and for], renewal of licensure, and late renewal of licensure to practice under this chapter, for certification [and], renewal of certification, and late renewal of certification under this chapter, for initial apprentice identification cards and renewal of apprentice identification cards, for inspections done pursuant to RSA 329-A:17, for copies of the state plumbing code, for letters of verification requested by other jurisdictions relating to licensure and certification, for any courses, workshops, and seminars offered by the board, and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year. The fee for the annual renewal of certification issued to persons certified as water treatment technicians shall not be more than the fee for the annual renewal of licenses issued to journeyman plumbers.

319:6 Examinations. Amend RSA 329-A:7 to read as follows:

329-A:7 Examinations; Licenses and Certificates. [The board shall have authority to examine and license master plumbers and journeyman plumbers, and to certify water treatment technicians. When issued, such license shall be valid throughout the state, and the licensee shall be entitled to perform the work of a master or journeyman plumber, as the case may be, anywhere within the state without any payment or additional fee. Each applicant for a license shall present to the secretary of the board on a blank furnished by the board a written application for license, containing such information as the board may require, accompanied by the required fee. Such examinations shall be held at such times and places as the board shall determine.] The board shall establish through rulemaking, pursuant to RSA 541-A, the nature of proctored examinations required for issuance of master plumber licenses, journeyman plumber licenses, and certifications as a water treatment technician, respectively. The scope of such examinations and the methods of procedure shall be prescribed by the board, provided that the scope of examination of water treatment technicians shall be limited to the configuration and installation of water treatment systems and the provisions of this chapter and the rules adopted by the board that relate to water treatment systems.

319:7 Reexamination; Fee Removed. Amend RSA 329-A:8 to read as follows:

329-A:8 Licenses; Master Plumbers. Any person who, having held a journeyman plumber’s license for at least 6 months, shall, upon the payment of [a fee] the fees established by the board, be entitled to an examination and, if found qualified by a majority of the board members, be licensed as a master plumber. A license issued under this section shall be publicly displayed at the licensee’s principal place of business for as long as such business continues. Any person refused a license may be reexamined as often as such person may desire [upon payment of a fee established by the board].

319:8 Reexamination; Fee Removed. Amend RSA 329-A:9 to read as follows:

329-A:9 Licenses; Journeyman Plumbers. Any person who, having successfully completed his or her apprenticeship in plumbing, has received an official completion certificate from the organization conducting the program shall, upon payment of [a fee] the fees established by the board, be entitled to examination and, if found qualified by a majority of the board members, be licensed as a journeyman plumber. A license issued under this section shall be carried on the person licensed and displayed at any time upon request. Any journeyman plumber refused a license may be reexamined as often as he or she may desire [upon payment of a fee established by the board].

319:9 Water Treatment Technicians. Amend RSA 329-A:9-a to read as follows:

329-A:9-a Certification of Water Treatment Technicians; Examinations.

I. Any person who has acted as a water treatment trainee for a period of not less than one year shall, upon payment of [a fee] the fees established by the board, be entitled to examination and, upon achieving the passing score on the examination, be certified as a water treatment technician. A certificate issued under this section shall be carried on the person and displayed at any time upon request. Any person failing to achieve the passing score on the examination may be examined as often as he or she may desire[ upon payment of a fee established by the board. The scope of such examination and the methods of procedure shall be prescribed by the board, provided, however, that the scope of the examination of water treatment technicians shall be limited to the configuration and installation of water treatment systems and the provisions of this chapter and the rules adopted by the board that relate to water treatment systems].

II. The title “certified water treatment technician’’ shall be used only by persons and business entities certified under this chapter. No person shall continue to represent himself or herself and no business entity shall continue to represent itself as a certified water treatment technician after certification has been revoked or nonrenewed under this chapter.

III. The board may issue, upon payment of the required fees, certification without examination to a corporation, partnership, limited liability company, or other business entity that installs, maintains, or repairs water treatment systems, provided the entity designates one employee certified under this chapter who is responsible for the entity’s compliance with this chapter and the rules adopted by the board. Within 30 days after termination of employment of such employee by such entity, he or she shall give notice thereof to the board and, if no other employee is certified under this chapter, the entity shall not represent itself as employing certified water treatment technicians until some other employee has obtained certification. Notwithstanding any other provision of this chapter, the board shall not require an additional fee for an entity that installs, maintains, or repairs water treatment systems where the person certified under this chapter is the sole owner of the entity.

IV. The board may issue certification without examination to those water treatment technicians who provide adequate documentation of having operated in the capacity of a water treatment technician for a period of at least one year prior to January 1, 2004 and who pay the required fees.

319:10 New Section; Apprentice Plumbers. Amend RSA 329-A by inserting after section 9-a the following new section:

329-A:9-b Apprentice Plumbers. Apprentice plumbers shall obtain an identification card from the board and be subject to fees for such identification card and for renewed identification cards as adopted by the board pursuant to RSA 541-A. Apprentice identification cards shall expire each year on the last day of the month of the apprentice’s birth. The board shall renew the identification cards of apprentice plumbers if they continue to be engaged in the learning and assisting in the installation of plumbing and drainage under an apprenticeship program that meets the requirements of the state apprenticeship council.

319:11 Licenses Without Examination. RSA 329-A:10 is repealed and reenacted to read as follows:

329-A:10 Licenses Without Examination. The board may issue, upon payment of the required fee, appropriate licenses without examination to a corporation, partnership, or limited liability company engaged in the business of plumbing, provided one or more officers of the corporation, one or more members of the partnership, or one or more managing members of the limited liability company, holds a master plumber’s license under this chapter. Within 30 days after the death or withdrawal of the licensed person as a corporate officer or member of the partnership, he, she, or it shall give notice thereof to the board and, if no other officer or partner is a licensed master plumber, the corporation or partnership shall not act as a master plumber until some other officer or member has obtained a license. Notwithstanding any other provision, the board shall not require a fee for a corporation engaged in plumbing where a licensed master plumber is the sole shareholder of the corporation.

319:12 Expiration and Renewal. RSA 329-A:11 is repealed and reenacted to read as follows:

329-A:11 Expiration and Renewal.

I. Licenses and certificates issued by the board shall expire each year on the last day of the month of the holder’s birth.

II. Licenses issued to corporations, partnerships, and limited liability companies shall expire on the last day of January of each year.

III. The board shall renew the licenses and certificates of eligible applicants upon the payment of the required fee and documentation of having met continuing education requirements and any other eligibility requirements established by the board pursuant to RSA 541-A.

IV. The board is authorized to offer continuing education courses, workshops, and seminars.

319:13 Disciplinary Action; Criminal Offenses. Amend RSA 329-A:12, II(b) to read as follows:

(b) Conviction of a felony or [any offense involving moral turpitude] any criminal offense involving injury to a victim or the risk of such injury or any criminal offense involving dishonesty;

319:14 Disciplinary Action; Another Jurisdiction. Amend RSA 329-A:12, II(h) to read as follows:

(h) Suspension or revocation of a license or certification, similar to one issued under this chapter, in another jurisdiction and not reinstated.

319:15 Exceptions. Amend RSA 329-A:13 to read as follows:

329-A:13 Exceptions. The provisions of this chapter shall not apply to the following persons while performing plumbing work under the circumstances specifically described hereinafter; provided, however, that plumbing installed or maintained by such persons under such circumstances shall conform to the [rules and regulations promulgated by the authority of RSA 330:12] state plumbing code.

I. [To a person who has been actively engaged in the business of a master plumber or journeyman plumber on July 1, 1977, and who has been a resident of this state for at least one year immediately preceding the date of his application. Such person shall not be required to submit to an examination if he applies for a license before July 1, 1980, but shall be issued a license upon filing an application and paying the initial fee.

II.] To regular employees of public utilities, as defined in RSA 362:2, when working as such.

[III.] II. To a person, firm, corporation, or limited liability company who regularly employs a [maintenance man] person whose duties include installation and maintenance of plumbing on the property of that person, firm, corporation, or limited liability company, when such employee is actually so engaged.

[IV.] III. To [an] a property owner or [his] the property owner’s agent who installs, repairs, or replaces plumbing in [his] the property owner’s own single-family detached or townhouse residence, including new construction, or any property owner or [his] property owner’s agent who makes minor installations, repairs, or replacements to the owner’s property [owned by him].

[V.] IV. To persons engaged in the installation of any heating, cooling, air conditioning or domestic water heating systems, whether solar, oil, gas, or electric, and persons engaged in the installation and servicing of water treatment systems or swimming pools.

[VI.] V. To any plumbing installations in residential buildings performed by students enrolled in a high school vocational plumbing program approved by the department of education or an approved postsecondary vocational plumbing program, provided such work is performed under the supervision of either a teacher holding a plumber’s license or by a licensed plumber who is a supervisor of students in cooperative education placements from such programs; and in those cases where the installation is in a new building being constructed as a part of the vocational program, that the installation will be inspected and approved by an individual or group of individuals chosen by the local school districts from persons nominated by the state board for the licensing and regulation of plumbers. Any person nominated by the state board shall hold a master’s license issued by the board.

[VII.] VI. To employees of public drinking water systems and public water system operators certified by the department of environmental services for drinking water treatment.

319:16 Rulemaking. RSA 329-A:14 is repealed and reenacted to read as follows:

329-A:14 Rulemaking Authority. The board shall adopt rules, pursuant to RSA 541-A, relative to:

I. The design and content of all forms and applications required under this chapter.

II. The application procedure and any eligibility requirements in addition to those in this chapter for a license to practice plumbing under this chapter and for license renewal and license reinstatement.

III. The application procedure and any eligibility requirements in addition to those in this chapter for certification as a certified water treatment technician and for renewal of certification and reinstatement of certification.

IV. The establishment of all fees required under this chapter.

V. Ethical and professional standards required to be met by each holder of a license or certification to practice under this chapter and how disciplinary actions by the board shall be implemented for violations of these standards.

VI. How plumbing apprentices are to apply for and receive their initial and renewal identification cards.

VII. Standards for continuing education.

VIII. Matters related to the proper administration of this chapter.

IX. Procedures for the conduct of hearings consistent with the requirements of due process.

319:17 State Plumbing Code. RSA 329-A:15 is repealed and reenacted to read as follows:

329-A:15 State Plumbing Code. The state plumbing code shall be that portion of the New Hampshire state building code, as defined in RSA 155-A, that pertains to plumbing.

319:18 Enforcement. Amend RSA 329-A:16 to read as follows:

329-A:16 Enforcement.

I. The [rules adopted pursuant to RSA 329-A:15, I,] state plumbing code shall be enforced by the building inspection department or by any officer designated by the administrative authority of the city or town; provided, however, that a city or town may adopt and enforce rules more stringent than the [rules adopted under RSA 329-A:15, I] state plumbing code. In the absence of a building inspection department or officer designated to enforce the state plumbing code, the board shall have the authority to enforce the state plumbing code.

II. The board shall refer all allegations of violations specified in RSA 329-A:18 to the New Hampshire attorney general and to the county attorney in the appropriate county. The county attorney shall investigate such allegations and take appropriate action if the attorney general does not do so.

319:19 Gender Neutral. Amend RSA 329-A:17, IV to read as follows:

IV. Whenever an inspector orders the removal or correction of a violation under paragraph III, he or she shall immediately notify the local building inspection department or administrative authority of the town where the violation is located, and further order that all the work in violation be corrected prior to continuance. The local building authority shall approve the continuation of work on the installation upon being satisfied that violations have been corrected and shall notify the inspector of such approval.

319:20 Penalties. RSA 329-A:18 is repealed and reenacted to read as follows:

329-A:18 Penalties.

I. Any business entity or person who procures a plumbing license or water treatment certificate wrongfully or by fraud is guilty of a misdemeanor.

II. Any business entity which performs plumbing without a currently valid plumbing license, and any person who is not an apprentice and performs plumbing without a currently valid license, is guilty of a misdemeanor, unless the business entity or person has a license which has been expired for no more than 12 months, in which case such business entity or person is guilty of a violation.

III. Any business entity or person employing a person to perform plumbing when the employed person is not an apprentice and does not have a currently valid plumbing license is guilty of a misdemeanor, unless the employed person has a license which has been expired for no more than 12 months, in which case the employing business entity or person is guilty of a violation.

IV. Any business entity not certified as a water treatment technician which represents itself as so certified, and any person not certified as a water treatment technician who represents himself or herself as so certified, is guilty of a misdemeanor.

319:21 Effective Date. This act shall take effect July 1, 2006.

Approved: June 19, 2006

Effective: July 1, 2006