01/17/08 2669s

2007 SESSION

07-1250

10/09

SENATE BILL 210-FN

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

The bill makes various changes to the regulation of plumbers and certified water treatment technicians by the state board for the licensing and regulation of plumbers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/17/08 2669s

07-1250

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

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

1 Purpose. RSA 329-A:1 is repealed and reenacted to read as follows:

329-A:1 Purpose. The purpose of this chapter is to protect and improve the general health and welfare of the people of the state of New Hampshire in the fields of environmental sanitation and building safety by authorizing the licensing and regulation of plumbers and the voluntary certification of water treatment technicians.

2 Definitions. RSA 329-A:2, I – IV are repealed and reenacted to read as follows:

I. “Master plumber” means any individual licensed under this chapter, and any corporation, partnership or limited liability company licensed under this chapter that, as a business, employs one or more individuals to do plumbing work, or, without hiring anyone, does that work as a principal business or as an auxiliary to a principal business.

II. “Journeyman plumber” means any individual licensed under this chapter to perform plumbing work under the direction of a master plumber.

III. “Apprentice” means any individual who is engaged in learning and assisting in the practice of plumbing under the supervision of a licensed journeyman plumber or licensed master plumber as part of an apprenticeship program that meets the requirements of the Office of Apprenticeship of the United States Department of Labor.

IV. “Plumbing” means the work or practice of installation, removal, repair, replacement, extension, or alteration of a plumbing system, and the materials and fixtures used in the work or practice.

3 New Paragraph; Definition; Plumbing System. Amend RSA 329-A:2 by inserting after paragraph IV the following new paragraph:

IV-a. “Plumbing system” means all piping, fixtures, fixed appliances and appurtenances, and connections required for the following: sanitary drainage and storm drainage of a building to a minimum of 30 inches beyond the foundation wall or the building’s outside dimension; special wastes systems; venting systems; and water distribution systems including backflow prevention devices, and any necessary interconnections of piping between buildings or structures.

4 Definition; Water Treatment Technician. RSA 329-A:2, VII is repealed and reenacted to read as follows:

VII. “Water treatment technician” means any individual who installs, maintains, or repairs water treatment systems and any corporation, partnership. or limited liability company that, as a business, employs one or more individuals to install, maintain, or repair water treatment systems, or, without hiring anyone, does that work as a principal business or as an auxiliary to a principal business.

5 Board; Public Member; Duty. RSA 329-A:3, II is repealed and reenacted to read as follows:

II. A public member of the board shall be a person who is not, and never was, a member of the plumbing or water treatment trades or the spouse of such person; who does not have, and never has had, a material financial interest in the provision of plumbing or water treatment services; and does not have, and has not for 5 years preceding appointment had, a material financial interest in an activity directly related to plumbing or water treatment, including the representation for a fee of the board or the plumbing or water treatment trades.

II-a. The board shall be responsible for the regulation of plumbing and plumbers, and for the voluntary certification of water treatment technicians and their regulation.

6 Compensation of Board. Amend RSA 329-A:4 to read as follows:

329-A:4 Compensation and Expenses. Members of the board shall each be allowed the sum of [$30] $50 per day and their necessary traveling expenses incurred in carrying out their official duties.

7 Meetings; Quorum. Amend RSA 329-A:5 to read as follows:

329-A:5 Organization and Meetings. The board shall hold at least 4 regular meetings each year, and special meetings may be held at such times as the business of the board may require. Notice of all meetings shall be given in such manner as RSA 91-A:2, II and the rules of the board may provide. The board shall annually elect a chairman and a vice-chairman from among its members. A quorum of the board shall consist of not [less] fewer than 3 members, at least one of whom shall be a public member.

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

329-A:5-a Fees. The board shall establish fees for processing applications; for licensure, renewal of licensure, reinstatement of licensure, and late renewal of licensure to practice under this chapter[,]; for certification, renewal of certification, reinstatement 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.

9 Receipts. Amend RSA 329-A:6 to read as follows:

329-A:6 Receipts and Disbursements. The secretary of the board shall receive and account at least monthly for all moneys derived [under] from the provisions of this chapter, and shall pay the same to the state treasurer. The board may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures from this fund for any purpose which, in the opinion of the board, is reasonably necessary for the proper performance of its duties under this chapter. Under no circumstances shall the total amount of payments made hereunder exceed the amount of the fees collected hereunder. Any balance in said account shall lapse at the end of each fiscal year.

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

329-A:7 Examinations; Licenses and Certificates. The board shall establish through rulemaking, pursuant to RSA 541-A, the nature of proctored examinations required for the issuance to individuals 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] relating to water treatment systems. Any individual refused a license or certificate on the basis of his or her examination score may be reexamined as often as the individual desires.

11 Licenses; Master Plumbers; Business Entities. RSA 329-A:8 and 9 are repealed and reenacted to read as follows:

329-A:8 Licenses; Master Plumbers; Business Entities.

I. Any individual who, having held a journeyman plumber’s license for at least 12 months, shall, upon the payment of the application processing fee established by the board, be entitled to an examination. If he or she passes the examination, pays the license fee and is found qualified by the board, he or she shall be licensed as a master plumber. The license issued shall be carried on the individual while working and displayed upon request.

II. Upon the payment of the required application processing and license fees the board may issue a master plumber license 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, as applicable, holds a master plumber license issued under this chapter. The business entity shall designate a corporate officer, partner or managing member who is a licensed master plumber to be responsible for its compliance with this chapter and the rules adopted by the board. Within 30 days after the death of the designated person or the withdrawal of the designated person as a principal of the business, the designated person or the business entity itself shall give notice thereof to the board and a new principal shall be designated to be responsible for the business entity’s compliance with this chapter and the rules adopted by the board. If no such designation is made, the business entity shall not engage in plumbing until some other corporate officer, partner, or managing member licensed as a master plumber has been designated as responsible for the business entity’s compliance. A license issued under this section shall be publicly displayed at the licensee’s principal place of business.

329-A:9 Licenses; Journeyman Plumbers. Any individual 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 the application processing fee established by the board, be entitled to examination. If he or she passes the examination, pays the license fee and is found qualified by the board, he or she shall be licensed as a journeyman plumber. The license issued shall be carried on the individual while working and displayed upon request.

12 Voluntary Certification of Water Treatment Technicians. RSA 329-A:9-a is repealed and reenacted to read as follows:

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

I. Any individual who has acted as a water treatment trainee for a period of not less than one year shall, upon payment of the application processing fee established by the board, be entitled to examination and, upon achieving the passing score on the examination and paying the certification fee, be certified as a water treatment technician. A certificate issued under this section shall be carried on the person and displayed upon request.

II. The title “certified water treatment technician” shall be used only by individuals and business entities certified under this chapter. No individual 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 non-renewed under this chapter.

III. The board may issue, upon payment of the required application processing and certification fees, certification without examination to a corporation, partnership or limited liability company that installs, maintains, or repairs water treatment systems, provided that 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, as applicable, holds a water treatment certificate issued under this chapter. The business entity shall designate a corporate officer, partner or managing member who is a certified water treatment technician to be responsible for its compliance with this chapter and the rules adopted by the board. Within 30 days after the death of the designated person or the designated person’s withdrawal as a principal of the business, the designated person or the business entity itself shall give notice thereof to the board and a new principal shall be designated to be responsible for the business entity’s compliance with this chapter and the rules adopted by the board. If no such designation is made, the business entity shall not engage in water treatment until some other corporate officer, partner, or managing member certified as a water treatment technician has been designated as responsible for the business entity’s compliance. A certification issued under this section shall be publicly displayed at the principal location of the business.

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, 2006 and who pay the required fees.

13 Apprentice Plumbers. RSA 329-A:9-b is repealed and reenacted to read as follows:

329-A:9-b Apprentice Plumbers. Apprentice plumbers shall register with the board and, upon payment of the registration fee established by the board, be issued an identification card. 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 pay the renewal fee and continue to be engaged in learning and assisting in the practice of plumbing under an apprenticeship program that meets the requirements of the state apprenticeship council.

14 Renewal. Amend RSA 329-A:11 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.

II-a. To be eligible for renewal, each individual licensee and certificate holder shall maintain his or her competence through continuing education offered or approved by the board.

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, and to approve providers of continuing education pursuant to standards set forth in rules adopted by the board in accordance with RSA 541-A.

15 New Section; Inactive Status; Military Service. Amend RSA 329-A by inserting after section 11 the following new section:

329-A:11-a Inactive Status During Active Military Service.

I. Upon the request of a person licensed or certified by the board who is called to active military service for the United States, the board shall place such person’s license or certificate on inactive status. The inactive status shall continue until the person is discharged from active military duty.

II. If the holder of a license or certificate inactivated under this provision wishes reactivation of the license or certificate, she or he shall so notify the board. Upon such notification the board shall extend the period for renewal of the license or certificate, and for meeting the eligibility standards for renewal, by the length of time that the license or certificate was inactive.

16 Disciplinary Action. RSA 329-A:12 is repealed and reenacted to read as follows:

329-A:12 Disciplinary Action.

I. The board may undertake disciplinary proceedings:

(a) Upon its own initiative; or

(b) Upon written complaint of any person which charges that a person licensed or certified by the board has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Misconduct sufficient to support disciplinary proceedings shall include:

(a) The practice of fraud or deceit in procuring, or attempting to procure, a license or certificate to practice under this chapter;

(b) Conviction during the period of licensure or certification of a felony or any criminal offense involving injury to a victim or the risk of such injury, or any criminal offense involving dishonesty;

(c) Suspension or revocation of a license or certification, similar to one issued under this chapter, issued by another jurisdiction, without reinstatement of such license or certification;

(d) Negligent or willful acts performed in a manner inconsistent with the health or safety of persons;

(e) Violation of ethical standards adopted by the board;

(f) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee or certificate holder unfit to practice;

(g) Mental or physical incompetence to practice as a plumber or water treatment technician;

(h) Willful or repeated violation of the provisions of this chapter; or

(i) A violation of the state plumbing code.

III. The board may take disciplinary action in any one or more of the following ways:

(a) By private reprimand;

(b) By suspension, limitation or restriction of license or certification for a period of up to 5 years;

(c) By revocation of license or certification;

(d) By requiring the licensee or certificate holder to participate in a program of continuing education or personal training in the area or areas in which he or she has been found deficient;

(e) By the imposition of an administrative fine not to exceed $1,000 for each instance of misconduct by a licensed plumber or certified water treatment technician;

(f) By the imposition of an administrative fine not to exceed $1,000 for

performing plumbing after the expiration date of the plumbing license;

(g) By the imposition of an administrative fine not to exceed $1,000 for a violation of the terms of the board’s suspension of a license or certificate, or for a violation of limitations or restrictions previously placed by the board upon a license or certificate;

(h) By the imposition of an administrative fine for continuation of any misconduct described in subparagraphs (d) through (i) in the amount of $100 for each day the misconduct continues after notice from the board that the misconduct shall cease; and

(i) By denial of an application for renewal or reinstatement of a license or certificate.

IV. Upon the issuance of an administrative fine, the board may suspend the license or certificate until the fine has been paid.

17 Exceptions. Amend RSA 329-A:13, IV to read as follows:

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.] performing only essential plumbing work necessary for the installation of any heating system, cooling system, water heater, air conditioning system, or essential plumbing work necessary for installation of swimming pools.

IV-a. To persons not certified under this chapter who are engaged in the installation and servicing of water treatment systems.

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

329-A:14 Rulemaking Authority.

I. The board shall adopt rules pursuant to RSA 541-A relative to:

(a) Applications for licensure and certification, renewal licensure and certification, and reinstatement of licensure and certification.

(b) Any eligibility requirements in addition to those in this chapter for an initial license to practice plumbing, for plumbing license renewal and for plumbing license reinstatement.

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

(d) The establishment of all fees authorized by this chapter.

(e) The allocation of disciplinary sanctions in cases of misconduct by holders of licenses and certificates.

(f) Apprentice registration and renewed apprentice registration.

(g) Standards for continuing education required for license and certification renewal.

(h) Procedures for the conduct of hearings consistent with the requirements of due process.

II. The board may adopt rules pursuant to RSA 541-A relative to:

(a) Any continuing education requirements for reinstatement of licenses and certificates.

(b) Standards to be met by providers of continuing education.

(c) Ethical standards to be met by each holder of a license or certificate.

(d) Procedures for the voluntary surrender of licenses and certificates issued by the board.

(e) Procedures for placing the licenses and certificates of those on active military duty on inactive status and reactivating such licenses and certificates.

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

  329-A:16 Enforcement.

I. The 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 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] of the state plumbing code 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.

III. The board is authorized to sanction with a civil fine not to exceed $1,000, and to issue a cease and desist order against, any individual or business entity violating the state plumbing code.

IV. The board is authorized to sanction with a civil fine not to exceed $1,000, and to issue a cease and desist order against, any individual not an apprentice plumber who is engaged in plumbing without a currently valid license. The board is authorized to sanction with a civil fine not to exceed $1,000, and to issue a cease and desist order against, any business entity engaged in plumbing without a currently valid license. Cease and desist orders issued by the board shall be enforceable in superior court.

19 Inspectors. Amend RSA 329-A:17 to read as follows:

329-A:17 Inspectors.

I. The board shall have the authority to appoint such inspectors as are necessary to insure compliance throughout the state with [plumbing practices consistent with the public safety and welfare] the state plumbing code and this chapter.

II. An inspector appointed under this section shall have the authority to enter any premises in which [a] plumbing [installation subject to regulation under this chapter] or water treatment is being [installed, replaced or repaired] performed for the purpose of making such inspection as is necessary to carry out his or her duties under this section.

III. Any inspector may order the removal or correction of any violation of the plumbing code or this chapter, and may order any public utility furnishing water to [such installation] the site of violation to discontinue such service until the violations are corrected.

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 of the plumbing or water treatment work. 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. If there is no local building authority, the board’s inspector shall approve the continuation of work after violations have been corrected.

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

329-A:18 Penalties.

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

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

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

V. Any person who does any plumbing work in violation of the state plumbing code, or causes any violation of the state plumbing code, shall be guilty of a misdemeanor.

21 Repeal. RSA 329-A:10, relative to licenses without examination, is repealed.

22 Effective Date. This act shall take effect January 1, 2009.

LBAO

07-1250

Revised 02/26/07

SB 210 FISCAL NOTE

FISCAL IMPACT:

METHODOLOGY:

• SB210 at GenCourtMobile

Bill Text Revisions

SB210 Revision: 12091 Date: Jan. 1, 2008, midnight

Docket

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