hb4743 intr

H. B. 4743

(By Delegate Linch)

[Introduced February 25, 2000; referred to the

Committee on Government Organization then Finance.]

A BILL to amend chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article three-c, relating to creating a state plumbing code; statement of purpose, intent and scope; definitions; adopting uniform plumbing code; state board of plumbing examiners; licensing; requirements; actions prohibited; and penalties.

Be it enacted by the Legislature of West Virginia:

That chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article three-c, to read as follows:

ARTICLE 3C. WEST VIRGINIA STATE PLUMBING CODE.

§29-3C-1. Statement of purpose; intent and scope.
(a) The Legislature hereby finds that:

(1) Improper plumbing can adversely affect the health of the public, can damage property and the environment, can be potentially lethal, and can cause widespread disease and an epidemic of disastrous consequences;

(2) Promulgating a code establishing minimum plumbing standards is essential to protecting the health and safety of the public by ensuring uniform, modern construction standards and regulations are used and enforced throughout the state for all plumbing work;

(3) The public health and safety demand that plumbing be performed by persons who have proven their knowledge of and skill in the sciences of pneumatics and hydraulics.

(b) It is the intent of the Legislature and this article:

(1) To provide minimum standards for the protection of life, health, property and environment and for the safety and welfare of the consumer, general public and owners and occupants of buildings and structures;

(2) To encourage standardization and economy in construction and construction materials consistent with nationally recognized standards;

(3) To permit to the fullest extent feasible the use of modern technical methods, devices and improvements consistent with reasonable requirements for the health, safety and welfare of occupants or users of buildings and structures;

(4) To assure that officials charged with the administration and enforcement of the technical provisions of this article are adequately trained and supervised;

(5) To provide standards of skill through licensing for those engaged in the plumbing trades;

(6) To provide for the establishment of a state plumbing board to ensure proper qualification and examination of plumbers and pipefitters and proper enforcement of the state plumbing code and applicable regulations issued thereunder.

(c) This code shall apply to the construction, alteration, repair, maintenance or occupancy of all building in this state. This code may not apply to work performed by an individual on his or her own home.
§29-3C-2. Definitions.

As used in this article, unless the context otherwise requires:

(a) "Apprentice plumber" means a person who is learning and working at the business of plumbing under the direct supervision of a master plumber or journeyman plumber and under an apprenticeship program approved by the state board of plumbing examiners.

(b) "Contractor" means any person who for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending, in whole or in part, the construction, removal repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvements to the real property.

(c)

"IAPMO" means the International Association of Plumbing and Mechanical Officials.

(d)

"Journeyman plumber" means any person, other than a master plumber or apprentice plumber who engages in or works at the construction, installation, alteration, extension, removal, repair, maintenance or renovation of plumbing subject to inspection under any law, rule or regulation.

(e) "Master plumber" means a plumber, having a regular place of business and who, by himself or herself or journeyman plumbers in his or her employ, performs plumbing work, subject to inspection and in compliance of any law, rule or regulation pertaining to same.

(f) "Plumbing" means the work and practice, materials and fixtures used in the construction, installation, alteration, extension, removal, repair, maintenance or renovation of a plumbing system; of all piping, fixtures, fixed appliances and appurtenances in connection with any of the following: Sanitary drainage, storm drainage facilities, special wastes, the venting system and the public or private water-supply systems, within or adjacent to any building, structure or conveyance; to the property line, or to any other connection with any point of public disposal or intake.

(g) "Plumbing inspector" means any person employed by a political subdivision for the purpose of inspecting plumbing work or installations in connection with the provisions of this article and any applicable code or regulations, or any other health and safety laws and ordinances. Said plumbing inspectors shall not have any financial or advisory interests in any plumbing company, and who has successfully fulfilled the examinations and requirements of the board and this article.

(h) "State board of plumbing examiners" or "board" means the board of plumbing examiners created pursuant to this article.

(i) "State plumbing code" means the UPC adopted by the state board of plumbing examiners.

(j) "UPC" means the uniform plumbing code.
§29-3C-3. State plumbing code.

(a) After it is created and duly convened pursuant to this article, as its first act of business, the state board of plumbing examiners shall adopt the most recent edition of the uniform plumbing code (UPC), as published by the international association of plumbing and mechanical officials (IAPMO).

(b) The UPC shall serve as the plumbing code for the construction, installation, alteration, extension, removal, repair, maintenance or renovation for all buildings throughout the state.

(c) All political subdivisions throughout the state shall utilize the requirements of the UPC as the minimum requirement for the installation of plumbing systems.

(d) Once adopted by the board, the UPC and any subsequent amendments to board adopts pursuant to this article shall be known as the "state plumbing code."
§29-3C-4. Creation and composition of board of plumbing examiners.
(a) There is hereby established the state board of plumbing examiners.

(b) The board shall consist of seven appointed members as follows:

Two licensed journeyman plumbers;

One licensed master plumber;

Two engaged in the construction of residential or commercial buildings as plumbing contractors;

One engaged in the construction of residential or commercial buildings as a general contractor; and

One appointed from the public at-large.

(c) The governor, with power of removal, shall appoint the members of the board, subject to confirmation by the Senate, to staggered four-year terms. The governor may remove any member of the board for misconduct, incompetence or neglect of duty.

(d) A majority of the board shall constitute a quorum for the transaction of all business.
§29-3C-5. Powers and duties of board.

In addition to all other powers and duties conferred or imposed upon the board by this article, the board is authorized and empowered to:

(a) Elect its own officers and prescribe their duties;

(b) Grant the licenses to duly qualified applicants for master plumbers and journeyman plumbers, provided for in this article;

(d) Promulgate, adopt, amend, and repeal such rules and regulations, not inconsistent with the laws of this state, as may be necessary for the orderly conduct of its affairs and for the administration of this article;

(e) Prescribe, amend, and repeal rules or regulations governing the plumbing, drainage, sewerage, and plumbing ventilation of all building in this state;

(f) Enforce the provisions of this article and any code, rules or regulations hereunder through inspections, audits, citations, civil penalties and any other appropriate means;

(g) Employ inspectors and charge fees for making inspections of plumbing work covered by the article;

(h) Subpoena records and documents and compel the attendance of witnesses pursuant to an investigation or a hearing of the board;

(i) Conduct hearings;

(j) Review and approve or disapprove requests for exceptions to the state plumbing code in unique situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens as long as public safety is not compromised;

(k) Bring a suit in any court of competent jurisdiction, to cause the enjoinder of all persons violating this article. When seeking an injunction, the board shall not be required to prove that an adequate remedy at law does not exist or that substantial or irreparable damages would result if an injunction is not granted;

(l) The board shall, within thirty days after being duly appointed under this article, convene for the purpose of conducting business and adopt the current version of the UPC as published by IAPMO. The board shall review subsequent revisions to the UPC that may be published by IAPMO and, where appropriate and consistent with the purposes and intents of this article, adopt amendments to the state plumbing code;

(m) The board shall have the power to establish and administer examinations as required for licensing under this article and to define satisfactory performance for licensing examinations;

(n) The board shall have the power to establish minimum requirements for apprenticeship and other training programs required under this article. The board shall establish a procedure board approving apprenticeship training programs that meet the minimum requirements established by the board and issue certificates of compliance to apprenticeship training programs meeting the board's requirements;

(o) The board shall revoke or suspend a license, probate a license suspension or reprimand a licensee for any violations of this article or rules or regulations of the board. Grounds for suspension or revocation of a license due to suspected incompetence or willful violation by a licensee may be determined through retesting procedures;

(p) The board shall establish a procedure for reinstating any license that has been revoked or suspended. Any person whose license has been revoked may not apply for reinstatement of that license before the expiration of one year from the date of the revocation. If the board proposes to refuse a person's application for licensure or to suspend or revoke a person's license, the person is entitled to a hearing before the board.
§29-3C-6. General licensing requirements.
The board shall issue a license to any person who:

(a) Meets the requirements for a specific license under this article;

(b) Completes and swears to before a notary republic an application for examination and licensing established by the board;

(c) Presents competent evidence, in a form acceptable to the board, demonstrating that the applicant meets the qualifications and requirements of the license for which he or she has applied under this article;

(d) Pays the appropriate fees established by the board; and

(e) Satisfactorily performs on the licensing examination established and administered by the board for the license for which he or she has applied under this article. To permit the orderly implementation of this article, this subsection shall not apply to any person who applies for a license by complying with all other licensing requirements within six months of the effective date of this article.
§29-3C-7. Plumber licenses.

(a) An applicant for a master plumber examination and license shall have held a current and valid journeyman plumbers license issued by the board for a period of not less than five years. To permit the orderly implementation of this article, this subsection shall not apply to any person who, within six months of the effective date of this article, applies for a license by complying with all other licensing requirements under this article and provides competent evidence in a form acceptable to the board that the person has sufficient knowledge, skill and experience in the plumbing trade.

(b) An applicant for a journeyman plumber examination and license shall have:

Performed eight thousand hours of manual labor of plumbing under the direct on-the-job supervision of a licensed journeyman plumber;

Satisfactorily completed an apprenticeship program for plumbing approved by the board; and

Sufficient education to read and write the answers to the examination questions.

(c) An applicant for an inspector examination and license shall have held a current master plumber license or journeyman plumber license, for a period of not less than five years.
§29-3C-8. Expiration and renewal of license.

(a) Any license issued by the board under this article shall be valid for a period of three years from date of issue.

(b) The board shall renew for a period of three years any license issued under this article upon receiving from the renewal applicant a renewal form and the appropriate renewal fee.
§29-3C-9. Conduct prohibited without a license.
(a) No person within the jurisdiction of this state shall engage in the business or work of plumbing, pipefitting, steam fitting, HVACR, gas fitting, medical gas fitting, or sprinkler fitting without an appropriate license and, if applicable, a specialized endorsement, issued pursuant to this article authorizing him or her to engage in the specific business or work regulated or controlled by this article or by any ordinance, bylaw, rule or regulation made hereunder.

(b) No person within the jurisdiction of this state shall solicit, by sign, listing or any other form of advertisement, work regulated or controlled by this article or by any ordinance, bylaw, rule or regulation made hereunder, unless he or she has been duly licensed by the board as provided in this article to perform that work.

(c) No political subdivision of this state may appoint, authorize, or employ any person to perform inspections under this article or the state plumbing code unless the inspector has been duly licensed as an inspector by the board as provided in this article.

(d) Notwithstanding the provisions of this section, an apprentice plumber enrolled in an apprenticeship program approved by the board may engage in the work of plumbing when the apprentice is under the direct, constant, on-the-job supervision of a licensed journeyman plumber, and only to the extent that the supervising journeyman is duly licensed by the board to perform the work. Direct, constant, on-the-job supervision means that a licensed journeyman plumber will supervise no more than one apprentice on only one job at a time.

(e) Other exceptions.

(1) Nothing in this article may be construed to require any individual to hold a license to perform plumbing work on his or her own property or residence.

(2) Nothing in this article may be construed to require employees of the federal government who perform plumbing on federal property to hold a license to perform plumbing, pipefitting, gas fitting or sprinkler fitting work on the property.

(3) Nothing in this article may be construed to require employees of the state or any political subdivision thereof to hold a license to perform plumbing, pipefitting, gas fitting or sprinkler fitting work within the state.
§29-3C-10. Other prohibited acts.

It shall be unlawful and a violation of this article for any person to:

(a) Obtain a license through error or fraud;

(b) Present or attempt to use the license or certificate of another;

(d) Give false or forged evidence of any kind to the board or any member thereof in an application for the issuance or renewal of a license under this article;

(e) Willfully, negligently or arbitrarily violate the rules of the board or municipal rules or ordinances regulating plumbing;

(f) Knowingly make a substantial misrepresentation of services to be provided or which have been provided; or

(g) Knowingly make any false promise regarding a person's licensing status with intent to influence, persuade or induce an individual to contract for services regulated or controlled under this article.

(h) It shall be a violation of this article to employ another or to otherwise conspire with another to violate any terms of this article or any rule or regulation adopted under this article.
§29-3C-11. Actions required; duty to display license.

(a) All persons issued a license under the terms of this article shall comply with the provisions of this article, the state plumbing code and any applicable rules or regulations.

(b) The license of a journeyman plumber shall be exhibited whenever required by an inspector licensed under this article.

(c) The license of a master plumber shall at all times be displayed conspicuously within his or her place of business. Any sign, listing or advertisement of a master plumber, a master gas fitter, a journeyman plumber shall contain his or her designation and license number.
§29-3C-12. Penalties.

(a) Any person who violates any provision of this article, the state plumbing code, or any applicable rule, regulation, permit or other order of the board is subject to a civil penalty of not less than fifty dollars or more than one thousand dollars per day for each act or violation.

(b) Any person who knowingly or willfully violates this article, the state plumbing code or any applicable rule or regulation adopted pursuant to this article, is guilty of a misdemeanor.

NOTE: The purpose of this bill is to create a state plumbing code and to create a board of plumbing examiners to license plumbers.

This article is new; therefore, strike-throughs and underscoring have been omitted.