Revision: Jan. 12, 2009, midnight
HB 39-FN – AS INTRODUCED
2009 SESSION
10/04
HOUSE BILL 39-FN
AN ACT relative to the authority of the state board for the licensing and regulation of plumbers.
COMMITTEE: Executive Departments and Administration
This bill allows the plumbers’ board to:
I. Grant inactive status to plumbers in military service.
II. Impose administrative fines for misconduct.
III. Issue fines and cease and desist orders for unlicensed plumbing.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0031
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the authority of the state board for the licensing and regulation of plumbers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Plumbers; License required. Amend RSA 329-A by inserting after section 1 the following new section:
329-A:1-a. Plumbers; License Required. No plumbing installation shall be made for compensation unless it is made by a person licensed as a plumber by the board, unless otherwise permitted by this chapter.
2 New Paragraph; License Renewal; Continuing Education. Amend RSA 329-A:11 by inserting after paragraph II the following new paragraph:
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.
3 New Section; Inactive Status During Active 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 section wishes to reactivate 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.
4 Disciplinary Action; Administrative Fine Authority. Amend RSA 329-A:12, III to read as follows:
III. The board may take disciplinary action in any one or more of the following ways:
(a) By 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; [or]
(d) By requiring the person to participate in a program of continuing education 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 $500 for each instance of misconduct by a licensed plumber or certified water treatment technician; or
(f) By the imposition of an administrative fine not to exceed $500 for performing plumbing after the expiration date of the person’s license, with each instance constituting a separate offense.
IV. Upon the issuance of an administrative fine, the board may suspend the license or certificate until the fine has been paid.
V. The imposition of an administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter.
5 Rulemaking Authority. 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 of 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 imposition of disciplinary sanctions in cases of misconduct by holders of licenses and certificates.
(f) Apprentice registration and renewal of 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.
(i) The determination of administrative fines, which shall be scaled to reflect the scope and severity of the violation.
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 for reactivating such licenses and certificates.
6 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 infractions and 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.
III. The board may impose a civil fine not to exceed $500 and may issue cease and desist orders against an unlicensed individual or business entity in violation of this chapter.
7 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0031
12/04/08
HB 39-FN - FISCAL NOTE
AN ACT relative to the authority of the state board for the licensing and regulation of plumbers.
FISCAL IMPACT:
The Plumber’s Board states this bill will increase state general fund revenue by $20,000 in FY 2010 and $50,000 in FY 2011 and each year thereafter. There will be no fiscal impact on county and local revenue or state, county, and local expenditures.
METHODOLOGY:
The Plumber’s Board states this bill allows the Board to grant an inactive status to plumbers in military service, impose administrative fines for misconduct, and issue fines and cease and desist orders for unlicensed plumbing. Based upon the Board’s complaint logs listing code violations, misconduct, and unlicensed individuals working as plumbers, the Board assumes an average administrative fine of $200.
FY 2010 |
FY 2011 |
FY 2012 |
FY 2013 | |
Average administrative fine |
$200 |
$200 |
$200 |
$200 |
Number of individuals subject to administrative fine |
100 |
250 |
250 |
250 |
Total Revenue |
$20,000 |
$50,000 |
$50,000 |
$50,000 |