COMMITTEE SUBSTITUTE
FOR
H. B. 2747
(By Delegates Argento, Barker, Iaquinta,
Manchin, Martin, Perdue, Tucker, Yost, Blair,
Porter and Rowan)
[Originating in the Committee on Government Organization.]
(February 22, 2007)
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §21-14-1, §21-14-2,
§21-14-3, §21-14-4, §21-14-5, §21-14-6, §21-14-7, §21-14-8 and
§21-14-9; and to amend said code by adding thereto a new
article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4,
§29-3D-5, §29-3D-6, §29-3D-7, §29-3D-8 and §29-3D-9, all
relating to regulating plumbers and fire protection workers;
requiring plumbers and fire protection workers to be licensed;
defining certain terms; providing certain exemptions to the
requirement of a license; providing rulemaking authority to
establish qualifications, provide exceptions to examination
requirements in certain circumstances, fees, reciprocity
provisions and complaint procedures; providing enforcement
procedures; authorizing fines and criminal penalties for
noncompliance; and providing that no political subdivision of
the state may mandate additional licensing requirements.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §21-14-1, §21-14-2,
§21-14-3, §21-14-4, §21-14-5, §21-14-6, §21-14-7, §21-14-8 and §21-
14-9; and that said code be amended by adding thereto a new
article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4,
§29-3D-5, §29-3D-6, §29-3D-7, §29-3D-8 and §29-3D-9, all to read as
follows:
CHAPTER 21. LABOR.
ARTICLE 14. SUPERVISION OF PLUMBING WORK.
§21-14-1. Declaration of purpose.
The provisions of this article are intended to protect the
health, safety and welfare of the public as well as public and
private property by assuring the competence of those who perform
plumbing through licensure by the Commissioner of Labor.
§21-14-2. Definitions.
As used in this article:
(a) "License" means a valid and current license issued by the
Commissioner of Labor in accordance with the provisions of this
article.
(b) "Journeyman plumber" means a person qualified by at least
eight thousand hours of plumbing experience and who is competent to
instruct and supervise the work of a plumber in training.
(c) "Master plumber" means a person with at least twelve
thousand hours of plumbing work experience and who is competent to
design plumbing systems, and to instruct and supervise the plumbing work of journeyman plumbers, and plumbers in training.
(d) "Plumber in training" means a person with interest in and
an aptitude for performing plumbing work but who alone is not
capable of performing plumbing work, and who has fewer than eight
thousand hours of plumbing experience.
(e) "Plumbing" means the practice, materials and fixtures
utilized within a building in the installation, extension and
alteration of all piping, fixtures, water treatment devices,
plumbing appliances and appurtenances, in connection with sanitary
drainage or storm drainage facilities; the plumbing venting
systems; medical gas systems; fuel oil and gas piping for
residential, commercial and institutional facilities; backflow
preventers; and public or private water supply systems, as defined
by the state building code.
(f) "Single family dwelling" means a building which is
occupied as, or designed or intended for occupancy as, a single
residence for one or more persons.
§21-14-3. Necessity of license; exemptions.
(a) After the effective date of the legislative rules
promulgated pursuant to this article, no person may perform or
offer to perform plumbing work without a license issued by the
Commissioner of Labor in accordance with the provisions of this
article.
(b) A person licensed under this article must carry a copy of
the license on any job in which plumbing work is being performed.
(c) This article does not apply to:
(1) A person who personally performs plumbing work on a single
family dwelling owned or leased by that person or by a member of
that person's immediate family;
(2) A person who performs plumbing at any manufacturing plant
or other industrial establishment as an employee of the person,
firm or corporation operating the plant or establishment;
(3) A person who performs plumbing work while employed by an
employer who engages in the business of selling appliances at
retail, so long as such plumbing work is performed incidental to
the installation or repair of appliances sold by the employer;
(4) A person who, while employed by a public utility or its
affiliate, performs plumbing in connection with the furnishing of
public utility service;
(5) A person who performs plumbing work while engaging in the
business of installing, altering or repairing water distribution or
drainage lines outside the foundation walls of a building, public
or private sewage treatment or water treatment systems including
all associated structures or buildings, sewers or underground
utility services;
(6) A person who performs plumbing work while engaged in the
installation, extension, dismantling, adjustment, repair, servicing
or alteration of a heating ventilation and air conditioning (HVAC)
system, air-veyor system, air exhaust system or air handling
system; or
(7) A person who performs plumbing work located on property
where coal is being processed or actively mined, or at manufacturing, industrial and natural gas facilities.
§2
1-14
-4. Rules; qualifications; reciprocity; complaint procedures;
fees.
(a) The Commissioner of Labor shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code for the implementation
and enforcement of the provisions of this article, which shall
provide:
(1) Standards and procedures for issuing and renewing
licenses, including classifications of licenses as defined in this
article, applications, examinations and qualifications;
(2) Provisions for the granting of licenses without
examination, to applicants who present satisfactory evidence of
having the expertise required to perform work at the level of the
classifications defined in this article and who apply for licensure
on or before the first day of July, two thousand nine: Provided,
That if a license issued under the authority of this subsection
subsequently lapses, the applicant is subject to all licensure
requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or
suspending licenses, including appeal procedures;
(5) Fees for testing, issuance and renewal of licenses, and
other costs necessary to administer the provisions of this article:
Provided, That the fees for the issuance or renewal of a license may not exceed seventy-five dollars ($75);
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of
this article.
§21-14-5. Enforcement.
The Commissioner of Labor and his or her Deputy Commissioner
or any compliance officer of the Division of Labor as authorized by
the Commissioner of Labor is authorized to enforce the provisions
of this article, and may, at reasonable hours, enter any building
or premises where plumbing work is performed and issue cease and
desist orders for noncompliance.
§21-14-6. Denial of license; suspension and revocation of license.
(a) The Commissioner of Labor may deny a license to any
applicant who fails to comply with the rules established by the
Commissioner of Labor, or who lacks the necessary qualifications.
(b) The Commissioner of Labor may, upon complaint or upon his
or her own inquiry, and after notice to the licensee, suspend or
revoke a licensee?s license if:
(1) The license was granted upon an application or documents
supporting the application which materially misstated the terms of
the applicant?s qualifications or experience;
(2) The licensee subscribed or vouched for a material
misstatement in his or her application for licensure;
(3) The licensee incompetently or unsafely performs plumbing
work;
(4) The licensee violated any statute of this state, any legislative rule or any ordinance of any municipality or county of
this state which protects the consumer or public against unfair,
unsafe, unlawful or improper business practices; or
(5) The licensee fails to comply with any legislative rule
promulgated pursuant to this article.
§21-14-7. Penalties for noncompliance.
(a) Any person who performs or offers to perform plumbing work
without a license issued by the Commissioner of Labor is subject to
being issued a cease and desist order.
(b) Any person continuing to engage in plumbing work after the
issuance of a cease and desist order is guilty of a misdemeanor
and, upon conviction thereof, is subject to the following
penalties:
(1) For a first offense, a fine of not less than two hundred
dollars nor more than one thousand dollars;
(2) For a second offense, a fine of not less than five hundred
dollars nor more than two thousand dollars, or confinement in jail
for not more than six months, or both;
(3) For a third or subsequent offense, a fine of not less than
one thousand dollars nor more than five thousand dollars, and
confinement in jail for not less than thirty days nor more than one
year.
(c) Each day during which the plumbing work is performed
without the required license or while in noncompliance with any of
the provisions of this article, after official notice that the work
is unlawful, is a separate offense.
(d) The Commissioner of Labor may institute proceedings in the
circuit court of the county where the alleged violation of the
provisions of this article occurred or are occurring to enjoin any
violation of any provision of this article. A circuit court by
injunction may compel compliance with the provisions of this
article, with the lawful orders of the Commissioner of Labor and
with any final decision of the Commissioner of Labor. The
Commissioner of Labor shall be represented in all such proceedings
by the Attorney General or his or her assistants.
(e) Any person adversely affected by an action of the
Commissioner of Labor may appeal the action pursuant to the
provisions of chapter twenty-nine-a of this code.
§21-14-8. Inapplicability of local ordinances; exclusive license.
After the effective date of the legislative rules promulgated
pursuant to this article, no political subdivision of this state
may require any license or other evidence of competence as a
plumber from any person who holds a valid and current license
issued under the provisions of this article, as a condition
precedent to the performance of plumbing work in the political
subdivision.
§21-14-9. Disposition of fees and fines.
(a) All fees shall be paid to the Commissioner of Labor. The
fee receipts shall be deposited by the Commissioner of Labor in a
special account with the State Treasurer for the use of the
Commissioner of Labor to enforce the provisions of this article.
CHAPTER 29. MISCELLANEOUS BOARDS AND COMMISSIONS.
ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.
§29-3D-1. Declaration of purpose.
The provisions of this article are intended to protect the
health, safety and welfare of the public as well as public and
private property by assuring the competence of those who perform
fire protection work through licensure by the State Fire Marshal.
§29-3D-2. Definitions.
As used in this article:
(a) "Fire protection layout technician" is an individual who
has achieved National Institute for Certification in Engineering
Technologies (NICET) Level III or higher certification, and who has
the knowledge, experience and skills necessary to layout fire
protection systems based on engineering design documents.
(b) "Fire protection system" means any fire protection
suppression device or system designed, installed and maintained in
accordance with the applicable National Fire Protection Association
(NFPA) codes and standards, but does not include public or private
mobile fire vehicles.
(c) "Fire protection work" means the installation, alteration,
extension, maintenance, or testing of all piping, materials and
equipment inside a building, including the use of shop drawings
prepared by a fire protection layout technician, in connection with
the discharge of water, other special fluids, chemicals or gases and
backflow preventers for fire protection for the express purpose of
extinguishing or controlling fire.
(d) "Journeyman sprinkler fitter" means a person qualified by
at least ten thousand hours of work experience installing,
adjusting, repairing and dismantling fire protection systems and who
is competent to instruct and supervise the fire protection work of
a sprinkler fitter in training.
(e) "License" means a valid and current license issued by the
State Fire Marshal in accordance with the provisions of this
article.
(f) "Sprinkler fitter in training" means a person with interest
in and an aptitude for performing fire protection work but who alone
is not capable of performing such work, and who has fewer than ten
thousand hours of experience installing, adjusting, repairing and
dismantling fire protection systems.
§29-3D-3. Necessity of license; exemptions.
(a) After the effective date of the legislative rules
promulgated pursuant to this article, no person may perform or offer
to perform fire protection work without a license issued by the
State Fire Marshal in accordance with the provisions of this
article.
(b) A person licensed under this article must carry a copy of
the license on any job in which fire protection work is being
performed.
(c) This article does not apply to:
(1) A person who personally performs fire protection work on
a single family dwelling owned or leased, and occupied by that
person;
(2) A person who performs fire protection work at any
manufacturing plant or other industrial establishment as an employee
of the person, firm or corporation operating the plant or
establishment;
(3) A person who, while employed by a public utility or its
affiliate, performs fire protection work in connection with the
furnishing of public utility service.
(4) A person who performs fire protection work while engaging
in the business of installing, altering or repairing water
distribution or drainage lines outside the foundation walls of a
building, public or private sewage treatment or water treatment
systems including all associated structures or buildings, sewers or
underground utility services;
(6) A person who performs fire protection work while engaged
in the installation, extension, dismantling, adjustment, repair or
alteration of a heating ventilation and air conditioning (HVAC)
system, air-veyor system, air exhaust system or air handling system;
or
(7) A person who performs fire protection work located on
property where coal is being processed or actively mined.
§29-3D-4. Rules; qualifications; reciprocity; complaint procedures;
fees.
(a) The State Fire Marshal shall propose rules for legislative
approval in accordance with the provisions of article three, chapter
twenty-nine-a of this code for the implementation and enforcement
of the provisions of this article, which shall provide:
(1) Standards and procedures for issuing and renewing licenses,
including classifications of licenses as defined in this article,
applications, examinations and qualifications;
(2) Provisions for the granting of licenses without
examination, to applicants who present satisfactory evidence of
having the expertise required to perform work at the level of the
classifications defined in this article and who apply for licensure
on or before the first day of July, two thousand nine: Provided,
That if a license issued under the authority of this subsection
subsequently lapses, the applicant is subject to all licensure
requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or
suspending licenses, including appeal procedures;
(5) Fees for testing, issuance and renewal of licenses, and
other costs necessary to administer the provisions of this article:
Provided, That the fees for the issuance or renewal of a license may
not exceed seventy-five dollars ($75);
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of
this article.
§29-3D-5. Enforcement.
The State Fire Marshal and his or her deputy fire marshal,
assistant fire marshal or assistant fire marshal-in-training, is
authorized to enforce the provisions of this article, and may, at
reasonable hours, enter any building or premises where fire protection work is performed and issue citations for noncompliance.
§29-3D-6. Denial of license; suspension and revocation of license.
(a) The State Fire Marshal may deny a license to any applicant
who fails to comply with the rules established by the State Fire
Marshal, or who lacks the necessary qualifications.
(b) The State Fire Marshal may, upon complaint or upon his or
her own inquiry, and after notice to the licensee, suspend or revoke
a licensee?s license if:
(1) The license was granted upon an application or documents
supporting the application which materially misstated the terms of
the applicant?s qualifications or experience;
(2) The licensee subscribed or vouched for a material
misstatement in his or her application for licensure;
(3) The licensee incompetently or unsafely performs plumbing
or fire protection work;
(4) The licensee violated any statute of this state, any
legislative rule or any ordinance of any municipality or county of
this state which protects the consumer or public against unfair,
unsafe, unlawful or improper business practices; or
(5) The licensee fails to comply with any legislative rule
promulgated pursuant to this article.
§29-3D-7. Penalties for noncompliance.
(a) Any person who performs or offers to perform fire
protection work without a license issued by the State Fire Marshal
is subject to being issued a citation.
(b) Any person continuing to engage in fire protection work after the issuance of a citation is guilty of a misdemeanor and,
upon conviction thereof, is subject to the following penalties:
(1) For a first offense, a fine of not less than two hundred
dollars nor more than one thousand dollars;
(2) For a second offense, a fine of not less than five hundred
dollars nor more than two thousand dollars, or confinement in jail
for not more than six months, or both;
(3) For a third or subsequent offense, a fine of not less than
one thousand dollars nor more than five thousand dollars, and
confinement in jail for not less than thirty days nor more than one
year.
(c) Each day during which the fire protection work is performed
without the required license or while in noncompliance with any of
the provisions of this article, after official notice that the work
is unlawful, is a separate offense.
(d) The Fire Marshal may institute proceedings in the circuit
court of the county where the alleged violation of the provisions
of this article occurred or are now occurring to enjoin any
violation of any provision of this article. A circuit court by
injunction may compel compliance with the provisions of this
article, with the lawful orders of the State Fire Marshal and with
any final decision of the State Fire Marshal. The State Fire
Marshal shall be represented in all such proceedings by the Attorney
General or his or her assistants.
(e) Any person adversely affected by an action of the State
Fire Marshal may appeal the action pursuant to the provisions of chapter twenty-nine-a of this code.
§29-3D-8. Inapplicability of local ordinances; exclusive license.
After the effective date of the legislative rules promulgated
pursuant to this article, no political subdivision of this state may
require any license or other evidence of competence as a sprinkler
fitter from any person who holds a valid and current license issued
under the provisions of this article, as a condition precedent to
the performance of fire protection work in the political
subdivision.
§29-3D-9. Disposition of fees and fines.
(a) All fees shall be paid to the State Fire Marshal. The fee
receipts shall be deposited by the State Fire Marshal in a special
account with the State Treasurer for the use of the State Fire
Marshal as provided in subsection (c), section twelve-b, article
three of this chapter.
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