PRINTER'S NO. 900
No. 842 Session of 1999
INTRODUCED BY CIVERA, NAILOR, READSHAW, BARRAR, STABACK,
GIGLIOTTI, FICHTER, DALEY, WALKO, VAN HORNE, S. MILLER,
MICOZZIE, RAYMOND, MELIO, LAUGHLIN, PRESTON, SERAFINI,
HENNESSEY, BELFANTI, DeLUCA, MAJOR AND STEELMAN,
MARCH 10, 1999
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 10, 1999
AN ACT
1 Requiring licensing of plumbing contractors and journeymen
2 plumbers; creating the State Board of Plumbing Contractors
3 and providing for its members, powers and duties; imposing
4 continuing education requirements; providing for suspension
5 and revocation of licenses; providing for powers of
6 municipalities regarding plumbing work and services;
7 prohibiting certain acts by unlicensed persons; imposing
8 criminal and civil penalties; and making an appropriation.
9 TABLE OF CONTENTS
10 Section 1. Short title.
11 Section 2. Definitions.
12 Section 3. Creation, composition and operation of board.
13 Section 4. Powers and functions of board.
14 Section 5. License required.
15 Section 6. Qualifications for license.
16 Section 7. Apprenticeship permit.
17 Section 8. Examination required.
18 Section 9. Reciprocity.
19 Section 10. Continuing education.
1 Section 11. Disciplinary matters.
2 Section 12. Reinstatement of license.
3 Section 13. Reporting of multiple licensure.
4 Section 14. Surrender of suspended or revoked license.
5 Section 15. Death or disability of State-licensed plumbing
6 contractor.
7 Section 16. Transferability of license.
8 Section 17. Powers of municipalities.
9 Section 18. Local rulemaking.
10 Section 19. License renewal; records and fees.
11 Section 20. Subpoenas.
12 Section 21. Unlawful practice.
13 Section 22. Penalties.
14 Section 23. Appropriation.
15 Section 24. Effective date.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Short title.
19 This act shall be known and may be cited as the Plumbing
20 Contractors Licensing Act.
21 Section 2. Definitions.
22 The following words and phrases when used in this act shall
23 have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Board." The State Board of Plumbing Contractors under the
26 Bureau of Professional and Occupational Affairs within the
27 Department of State.
28 "Board-approved code." Professional standards for plumbing
29 construction, installation and repair workmanship as prescribed
30 by regulations of the State Board of Plumbing Contractors.
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1 "Board-approved program." A program of educational
2 preparation and training in plumbing contracting services
3 approved by the State Board of Plumbing Contractors.
4 "Commissioner." The Commissioner of Professional and
5 Occupational Affairs.
6 "Employ," "employed," "employee" or "employment." The term
7 includes the relationship of independent contractor as well as
8 the relationship of employment.
9 "Journeyman plumber." An individual employed by a plumbing
10 contractor to perform plumbing construction, repair and
11 installation services.
12 "Person." A natural person, firm, corporation or other legal
13 entity.
14 "Plumbing contractor." A person who engages in the business
15 of contracting to install, erect, repair or alter equipment for
16 drainage, sanitary facilities, water supplies and sewage
17 disposal in buildings and structures or for connection with
18 public or private water supply systems or disposal facilities,
19 but not drainage, sanitary facilities, water supplies and sewage
20 disposal outside of buildings and not structures which are part
21 of public or private sanitary sewer systems, water systems or
22 storm drain systems or facilities, or water systems and
23 equipment used for heating systems.
24 "Practice of plumbing contracting." Holding oneself out to
25 the public by any title or description of services incorporating
26 the term "State-licensed plumbing contractor" or using any words
27 or symbols indicating or tending to indicate that the person is
28 a State-licensed plumbing contractor and, under the title or
29 description, offering to contract or contracting to install,
30 erect, repair or alter plumbing equipment.
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1 "Registered apprentice." A State-registered person employed
2 by a plumbing contractor who meets the requirements of this act
3 for issuance of an apprenticeship permit.
4 "State-licensed journeyman plumber." A person employed by a
5 State-licensed plumbing contractor who holds a current license
6 under this act to perform plumbing construction, repair and
7 installation services.
8 "State-licensed plumbing contractor." A person who holds a
9 current license under this act who engages in the business of
10 contracting to install, erect, repair or alter equipment for
11 drainage, sanitary facilities, water supplies and sewage
12 disposal in buildings and structures or for connection with
13 public or private water supply systems or disposal facilities,
14 but not water systems and equipment used for heating systems.
15 Section 3. Creation, composition and operation of board.
16 (a) Creation.--There is hereby established the State Board
17 of Plumbing Contractors, a departmental administrative board
18 within the Department of State. The board shall consist of 11
19 members who shall be citizens of the United States and residents
20 of this Commonwealth for a two-year period, two of whom shall be
21 public members, six of whom shall be plumbing contractors with
22 experience of not less than ten years as a plumbing contractor,
23 one of whom shall be a plumbing inspector, one of whom shall be
24 the Commissioner of Professional and Occupational Affairs and
25 one whom shall be the Director of the Bureau of Consumer
26 Protection in the Office of Attorney General or a designee.
27 Three of the plumbing contractor members shall be signatories to
28 collective bargaining agreements, and the remaining three shall
29 not be signatories to collective bargaining agreements.
30 (b) Terms of office.--Except as provided in subsection (c),
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1 the members shall serve for four-year terms and shall be
2 appointed by the Governor and with the advice and consent of a
3 majority of the members elected to the Senate.
4 (c) Initial appointments.--Within 90 days of the effective
5 date of this act, the Governor shall nominate two plumbing
6 contractors and one public member to serve four-year terms; two
7 plumbing contractors and one plumbing inspector to serve three-
8 year terms; and two plumbing contractors and one public member
9 to serve two-year terms.
10 (d) Continuation in office.--Each board member shall
11 continue in office until a successor is duly appointed and
12 qualified, but not more than six months after the expiration of
13 the term. In the event that a board member dies, resigns or
14 otherwise becomes disqualified during the term of office, a
15 successor shall be appointed in the same way and with the same
16 qualifications as set forth in this section and shall hold
17 office for the unexpired portion of the unexpired term.
18 (e) Limit on terms.--No board member shall be eligible for
19 appointment to serve more than two consecutive four-year terms.
20 (f) Forfeiture of membership.--A board member who fails to
21 attend three consecutive meetings shall forfeit the member's
22 seat unless the commissioner, upon written request from the
23 member, finds that the member should be excused from a meeting
24 because of illness or the death of a family member.
25 (g) Compensation.--Each member of the board, except the
26 commissioner and the Director of the Bureau of Consumer
27 Protection, shall receive a per diem allowance of $60 when
28 actually attending to the work of the board. Members shall also
29 receive reasonable traveling, hotel and other necessary expenses
30 incurred in the performance of their duties in accordance with
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1 Commonwealth regulations.
2 (h) Forfeiture for nonattendance.--A public member who fails
3 to attend two consecutive statutorily mandated training
4 conferences under section 813(e) of the act of April 9, 1929
5 (P.L.177, No.175), known as The Administrative Code of 1929,
6 shall forfeit the member's seat unless the commissioner, upon
7 written request from the public member, finds that the public
8 member should be excused from a conference because of illness or
9 the death of a family member.
10 (i) Quorum.--A majority of the members serving in accordance
11 with law shall constitute a quorum for purposes of conducting
12 the business of the board. Except for temporary and automatic
13 suspensions, a member may not be counted as part of a quorum or
14 vote on any issue unless the member is physically in attendance
15 at the meeting.
16 (j) Meetings.--The board shall meet at least four times a
17 year in Harrisburg.
18 (k) Notice.--Reasonable notice of all meetings shall be
19 given in conformity with 65 Pa.C.S. Ch. 7 (relating to open
20 meetings).
21 (l) Operating procedures.--The board shall meet within 30
22 days after the appointment of initial members to establish
23 operating procedures and to develop application forms for
24 licensing plumbing contractors and journeymen and for issuing
25 registration permits to apprentices. It shall be the
26 responsibility of the board to circulate the forms and educate
27 the public of the requirements of licensing in order to hold
28 oneself out as a licensed plumbing contractor within this
29 Commonwealth.
30 Section 4. Powers and functions of board.
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1 The board shall have the following powers to:
2 (1) Pass upon the qualifications and fitness of
3 applicants for licenses and reciprocal licenses and to adopt
4 and revise rules and regulations requiring applicants to pass
5 examinations relating to their qualifications as a
6 prerequisite to the issuance of a license.
7 (2) Adopt and, from time to time, revise rules and
8 regulations to administer and enforce this act. The rules and
9 regulations shall include, but shall not be limited to,
10 standards of professional practice and conduct for licensees.
11 (3) Examine for, deny, approve, issue, revoke, suspend
12 or renew licenses and conduct hearings in connection with its
13 licensing function.
14 (4) Conduct hearings upon complaints concerning
15 violations of this act and the rules and regulations adopted
16 under this act and seek the prosecution and enjoinder of all
17 violations.
18 (5) Expend moneys necessary for the proper discharge of
19 its assigned duties.
20 (6) Waive examination and grant a license in cases
21 deemed exceptional by the board in accordance with
22 regulations promulgated by the board.
23 (7) Submit annually a report to the Consumer Protection
24 and Professional Licensure Committee of the Senate and the
25 Professional Licensure Committee of the House of
26 Representatives containing a description of complaints
27 received, status of the complaints, action taken by the board
28 and length of time from the initial complaint to final board
29 resolution.
30 (8) Submit annually to the Appropriations Committee of
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1 the Senate and the Appropriations Committee of the House of
2 Representatives, 15 days after the Governor has submitted a
3 budget to the General Assembly, a copy of the budget request
4 for the upcoming fiscal year which the board previously
5 submitted to the Department of State.
6 (9) Adopt and approve codes and regulations detailing
7 the minimum standards for plumbing workmanship.
8 Section 5. License required.
9 It is unlawful for any person to hold himself forth as a
10 State-licensed plumbing contractor or State-licensed journeyman
11 plumber unless the person shall first have obtained a license
12 under this act. The licensee shall assume full responsibility
13 for inspection and supervision of all plumbing work which shall
14 be performed in accordance with recognized safety standards
15 adopted by regulations of the board.
16 Section 6. Qualifications for license.
17 (a) Plumbing contractor's license.--No person shall be
18 granted a plumbing contractor's license or hold himself out as a
19 State-licensed plumbing contractor unless the person submits
20 proof satisfactory to the board of the following:
21 (1) The person is of good moral character.
22 (2) The person for a period of not fewer than five years
23 preceding the time of application has been employed or
24 engaged in the business of plumbing construction and
25 installation or has equivalent practical experience, or
26 otherwise demonstrates, under regulations of the board, a
27 combination of education and experience, which may include
28 the acquisition of a journeyman plumber's license, which
29 qualifies the person to take the examination for a license.
30 (3) Payment of the appropriate fees.
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1 (4) Successful completion of the required examination.
2 (b) Journeyman plumber license.--An employee of a State-
3 licensed plumbing contractor who performs and supervises
4 plumbing construction and installation services and who does not
5 qualify to take the examination required under subsection (a)
6 shall apply to the board for a license as a journeyman plumber.
7 A person may be granted a license as a journeyman plumber if the
8 person submits proof satisfactory to the board of the following:
9 (1) Good moral character.
10 (2) Completion of a board-approved program or at least
11 four years' practical experience acceptable to the board as a
12 registered apprentice which qualifies the person to take the
13 examination.
14 (3) Payment of appropriate fees.
15 (4) Successful completion of the required examination.
16 Section 7. Apprenticeship permit.
17 (a) Permit required.--A person employed by a State-licensed
18 plumbing contractor who does not qualify for the journeyman
19 license shall register with the board and obtain the
20 apprenticeship permit. An apprenticeship permit authorizes the
21 holder to assist a State-licensed plumbing contractor or State-
22 licensed journeyman for purposes of training and instruction.
23 (b) Requirement for permit.--State-licensed plumbing
24 contractors shall submit annually to the board a report listing
25 the name, address, Social Security number and period of
26 employment of all apprentices in their employ. Work performed by
27 the holder of an apprenticeship permit shall be performed only
28 under the direct, on-site supervision of a State-licensed
29 plumbing contractor or State-licensed journeyman. Application
30 shall be made within 30 days of employment to perform plumbing
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1 work.
2 (c) Renewal and education.--Apprentices registered with the
3 board may enroll in a board-approved program of instruction.
4 Permits shall be renewed annually upon payment of the required
5 fee. State-licensed plumbing contractors shall document, under
6 regulations of the board, that registered apprentices in their
7 employ receive instruction in current requirements of the board-
8 approved code.
9 Section 8. Examination required.
10 (a) General rule.--The board may require an applicant for a
11 license to take and pass an examination to the satisfaction of
12 board. The board shall contract with a professional testing
13 service for the preparation, development, administration and
14 grading of the examination. Written, oral and practical
15 examinations shall be prepared and administered by a qualified
16 and approved professional testing organization in the manner
17 prescribed under section 812.1 of the act of April 9, 1929
18 (P.L.177, No.175), known as The Administrative Code of 1929.
19 (b) Exemption from examination.--The requirements of
20 subsection (a) shall not apply and a license shall be issued
21 without examination to a person who submits an application for a
22 license, accompanied by the required fee, within two years of
23 the effective date of this act. The application shall require
24 the following representations:
25 (1) That the person is a resident of this Commonwealth.
26 (2) That the person has been employed or engaged in the
27 business of plumbing contracting within this Commonwealth for
28 a period of at least six years prior to the effective date of
29 this act.
30 (3) That the person's principal business or employment,
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1 for at least two years immediately preceding the date of
2 application, was that of a plumbing contractor or a
3 journeyman.
4 Section 9. Reciprocity.
5 (a) General rule.--The board shall have the power to grant a
6 reciprocal license to an applicant who is licensed or certified
7 as a plumbing contractor or journeyman in another state and who
8 demonstrates qualifications, in the discretion of the board,
9 which equal or exceed those required under this act.
10 (b) Exception.--A license shall not be granted under this
11 section to an applicant unless the state in which the applicant
12 is licensed affords reciprocal treatment to persons who are
13 residents of this Commonwealth and who are licensed under this
14 act.
15 Section 10. Continuing education.
16 The board may promulgate regulations establishing continuing
17 education requirements for persons seeking to renew licenses
18 issued under this act. Licensed plumbing contractors and
19 licensed journeymen shall, during the two-year period
20 immediately preceding biennial renewal of a license issued under
21 this act, complete a program of continuing education approved by
22 the board on the requirements of the board-approved code. No
23 credit may be given for courses in office management or practice
24 building.
25 Section 11. Disciplinary matters.
26 (a) Authority.--The board may refuse to issue, suspend,
27 revoke, limit or restrict a license or issue a public reprimand
28 for any of the following reasons:
29 (1) Securing a license by fraud, deceit or
30 misrepresentation.
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1 (2) Being unfit or unable to engage in plumbing
2 contracting by reason of illness, drunkenness, excessive use
3 of drugs, narcotics, chemicals or any other type of material
4 or as a result of any mental or physical condition. In
5 enforcing this paragraph, the board shall, upon probable
6 cause, have authority to compel a licensee to submit to a
7 mental or physical examination by a physician approved by the
8 board. Failure to submit to an examination when directed by
9 the board, unless the failure is due to circumstances beyond
10 the control of the licensee, shall constitute an admission of
11 the allegations against the licensee, consequent upon which a
12 default and final order may be entered without the taking of
13 testimony or presentation of evidence. A person against whom
14 action is taken under this paragraph shall at reasonable
15 intervals, as determined by the board, be afforded an
16 opportunity to demonstrate that the person can resume the
17 competent practice of plumbing contracting with reasonable
18 skill and safety.
19 (3) Engaging in false, deceptive or fraudulent business
20 activities or in misleading advertising.
21 (4) Violating a provision of this act or regulations of
22 the board.
23 (5) Committing an act of negligence or incompetence or
24 authorizing an act of negligence or incompetence by an
25 employee.
26 (6) Failing to properly supervise employees in
27 accordance with this act and with recognized plumbing safety
28 standards of the board-approved code in effect at the time an
29 act is committed or authorizing an unlicensed person to
30 assume responsibility for supervisory work.
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1 (7) Failing to secure an inspection of plumbing
2 construction as required by law.
3 (8) Failing to perform plumbing construction in
4 conformance with standards in effect in the municipality
5 where the services were performed or, in the absence of
6 municipal standards, in conformance with standards of the
7 board-approved code.
8 (9) Failing to comply with a municipal ordinance
9 concerning inspection of plumbing work and services, or the
10 manner in which plumbing work is to be performed.
11 (10) Being convicted of a felony in the courts of any
12 jurisdiction, or being convicted of a misdemeanor related to
13 plumbing contracting in any jurisdiction. "Conviction"
14 includes a finding or verdict of guilt, an admission of
15 guilt, a plea of nolo contendere or receipt of probation
16 without verdict, disposition in lieu of trial or entry into
17 an accelerated rehabilitative disposition in the disposition
18 of felony charges.
19 (11) Having a license to perform plumbing contracting or
20 plumbing construction services suspended, revoked or refused
21 or receiving other disciplinary action by the proper
22 licensing authority of any state, territory, possession or
23 country.
24 (b) Board action.--When the board finds that the license or
25 application for license of any person may be refused, revoked,
26 restricted or suspended under subsection (a), the board may:
27 (1) Deny the application for a license.
28 (2) Administer a public reprimand.
29 (3) Revoke, suspend, limit or otherwise restrict a
30 license, as determined by the board.
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1 (4) Suspend enforcement of its findings and place a
2 licensee on probation with the right to vacate the
3 probationary order for noncompliance.
4 (5) Restore a suspended license and impose any
5 disciplinary or corrective measure which it might originally
6 have imposed.
7 (c) Hearing.--All actions of the board shall be taken
8 subject to the right of notice, hearing and adjudication and the
9 right of appeal in accordance with 2 Pa.C.S. (relating to
10 administrative law and procedure).
11 (d) Temporary suspension.--
12 (1) The board shall temporarily suspend a license under
13 circumstances, as determined by the board, to be an immediate
14 and clear danger to the public health and safety. The board
15 shall issue an order to that effect without a hearing, but
16 upon due notice which shall include a written statement of
17 all allegations against the licensee to the licensee
18 concerned at the licensee's last known address. The
19 provisions of subsection (c) shall not apply to temporary
20 suspension.
21 (2) Following notice to the licensee, the board shall
22 commence formal action to suspend, revoke or restrict the
23 license of the person as otherwise provided for in this act.
24 All actions of the board shall be taken promptly and without
25 delay.
26 (3) Within 30 days following the issuance of an order
27 temporarily suspending a license, the board shall conduct or
28 cause to be conducted a preliminary hearing to determine if
29 there is a prima facie case supporting the suspension. The
30 licensee whose license has been temporarily suspended may be
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1 present at the preliminary hearing and may be represented by
2 counsel, cross-examine witnesses, inspect physical evidence,
3 call witnesses, offer evidence and testimony and make a
4 record of the proceedings.
5 (4) If it is determined that there is not a prima facie
6 case, the license of the person shall be immediately
7 restored. The temporary suspension shall remain in effect
8 until vacated by the board, but in no event longer than 180
9 days.
10 (e) Automatic suspension.--
11 (1) A license issued under this act shall automatically
12 be suspended upon the legal commitment of a licensee to an
13 institution because of mental incompetence from any cause
14 upon filing with the board a certified copy of the
15 commitment, conviction of a felony under the act of April 14,
16 1972 (P.L.233, No.64), known as The Controlled Substance,
17 Drug, Device and Cosmetic Act, or conviction of an offense
18 under the laws of another jurisdiction, which, if committed
19 in this Commonwealth, would be a felony under The Controlled
20 Substance, Drug, Device and Cosmetic Act. "Conviction"
21 includes a finding or verdict of guilt, an admission of guilt
22 or a plea of nolo contendere.
23 (2) Automatic suspension under this subsection shall not
24 be stayed pending an appeal of conviction.
25 (3) Restoration of the license shall be made as provided
26 in this act for revocation or suspension of the license.
27 Section 12. Reinstatement of license.
28 Unless otherwise ordered to do so by Commonwealth Court or on
29 an appeal from Commonwealth Court, the board may not reinstate
30 the revoked license of a person to practice as a State-licensed
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1 plumbing contractor or State-licensed journeyman under this act.
2 A person whose license has been revoked may apply for
3 reinstatement after a period of at least five years but must
4 meet all of the licensing qualifications of this act, including
5 the examination requirement, if the person desires to practice
6 as a State-licensed plumbing contractor or State-licensed
7 journeyman under this act at any time after the revocation.
8 Section 13. Reporting of multiple licensure.
9 A State-licensed plumbing contractor or State-licensed
10 journeyman in this Commonwealth who is also licensed in any
11 other state, territory or country shall report that licensure
12 information to the board on the biennial renewal application.
13 Disciplinary action taken in any other state, territory or
14 country shall be reported to the board on the biennial renewal
15 application or within 90 days of disposition, whichever is
16 sooner. Multiple licensure shall be noted by the board on the
17 licensee's record, and the state, territory or country shall be
18 notified by the board of any disciplinary actions taken against
19 the licensee in this Commonwealth.
20 Section 14. Surrender of suspended or revoked license.
21 The board shall require a person whose license has been
22 suspended or revoked to return the license in a manner
23 determined by the board. Failure to do so shall be a misdemeanor
24 of the third degree.
25 Section 15. Death or disability of State-licensed plumbing
26 contractor.
27 The board shall promulgate regulations establishing
28 conditions under which contracted plumbing services may be
29 provided by a plumbing contractor business in the event of the
30 death, illness or disability of the State-licensed plumbing
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1 contractor responsible for the services provided by the
2 business.
3 Section 16. Transferability of license.
4 A license or registration issued under this act shall not be
5 assignable or transferable.
6 Section 17. Powers of municipalities.
7 (a) Municipal ordinances preserved.--Nothing in this act
8 shall supersede the power of a municipality to inspect plumbing
9 work or equipment or to regulate the manner in which plumbing
10 work shall be performed, to levy lawful taxes and fees and to
11 require the purchase of a business privilege license unrelated
12 to competence in the practice of plumbing contracting. A
13 municipality may not require a plumbing contractor licensed
14 under this act to obtain a municipal license to engage in
15 plumbing contracting in the municipality. Nothing in this act
16 shall preclude municipalities from denying or revoking local
17 permits for failure to comply with local ordinances not
18 inconsistent with this act or regulations of the board.
19 (b) Failure to comply with local ordinance.--A licensee who
20 fails to comply with a municipal ordinance concerning the
21 inspection of plumbing work and services or the manner in which
22 the municipality requires plumbing work to be performed shall be
23 subject to disciplinary proceedings under this act.
24 Section 18. Local rulemaking.
25 Licensure under this act shall be acceptable to any
26 municipality in this Commonwealth as proof of competence to
27 perform plumbing contracting services. A municipality may not
28 require plumbing contractors licensed under this act to obtain
29 an additional license as a plumbing contractor issued by the
30 municipality prior to contracting to perform services in any
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1 municipality.
2 Section 19. License renewal; records and fees.
3 (a) Renewal term.--The renewal of a license shall be on a
4 biennial basis.
5 (b) Records.--A record of all persons licensed to practice
6 as State-licensed plumbing contractors or State-licensed
7 journeyman plumbers in this Commonwealth shall be kept in the
8 office of the board and shall be open to public inspection and
9 copying upon payment of a nominal fee for copying the record.
10 (c) Fees.--
11 (1) All fees required under this act shall be fixed by
12 the board by regulation and shall be subject to the act of
13 June 25, 1982 (P.L.633, No.181), known as the Regulatory
14 Review Act. If the revenues raised by fees, fines and civil
15 penalties imposed under this act are not sufficient to meet
16 expenditures over a two-year period, the board shall increase
17 fees by regulation so that the projected revenues will meet
18 or exceed projected expenditures.
19 (2) If the Bureau of Professional and Occupational
20 Affairs determines that the fees established by the board
21 under paragraph (1) are inadequate to meet the minimum
22 enforcement efforts required by this act, then the bureau,
23 after consultation with the board and subject to the
24 Regulatory Review Act, shall increase the fees by regulation
25 in an amount so that adequate revenues are raised to meet the
26 amount required for enforcement.
27 Section 20. Subpoenas.
28 (a) Power to issue.--The board shall have the authority to
29 issue subpoenas, upon application of an attorney responsible for
30 representing the Commonwealth in disciplinary matters before the
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1 board, for the purpose of investigating alleged violations of
2 disciplinary provisions administered by the board. The board
3 shall have the power to subpoena witnesses, to administer oaths,
4 to examine witnesses and to take testimony or compel the
5 production of books, records, papers and documents it may deem
6 necessary or proper in, and pertinent to, any proceeding,
7 investigation or hearing held or had by it. Client records may
8 not be subpoenaed without consent of the client or without an
9 order of a court of competent jurisdiction on a showing that the
10 records are reasonably necessary for the conduct of the
11 investigation. The court may impose such limitations on the
12 scope of the subpoena as are necessary to prevent unnecessary
13 intrusion into confidential client information. The board is
14 authorized to apply to Commonwealth Court to enforce its
15 subpoenas.
16 (b) Notification of board.--An attorney responsible for
17 representing the Commonwealth in disciplinary matters before the
18 board shall notify the board immediately upon receiving
19 notification of an alleged violation of this act. The board
20 shall maintain current records of all reports of alleged
21 violations and periodically review the records for the purpose
22 of determining that each alleged violation has been resolved in
23 a timely manner.
24 Section 21. Unlawful practice.
25 (a) Unlawful practice prohibited.--It shall be unlawful for
26 any person to hold himself out as a State-licensed plumbing
27 contractor or State-licensed journeyman without possessing a
28 valid, unexpired, unrevoked and unsuspended license issued under
29 this act.
30 (b) Injunction.--Unlawful practice may be enjoined by the
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1 court upon petition of the commissioner or the board. In any
2 proceeding under this section, it shall not be necessary to show
3 that a person is individually injured by the actions complained
4 of. If the court finds that the respondent has violated this
5 section, it shall enjoin the person from practicing until the
6 person has been duly licensed. Procedure in a case under this
7 section shall be the same as in any other injunction action.
8 (c) Remedy cumulative.--The injunctive remedy provided in
9 this section shall be in addition to any other civil or criminal
10 prosecution and punishment.
11 Section 22. Penalties.
12 (a) Criminal penalties.--A person who violates section 21
13 commits a misdemeanor of the third degree and shall, upon
14 conviction, be sentenced to pay a fine of not more than $1,000
15 or to imprisonment for not more than 90 days, or both.
16 (b) Civil penalty.--In addition to any other civil remedy or
17 criminal penalty provided for in this act, the board, by a vote
18 of the majority of the maximum number of members authorized by
19 section 3, or by a vote of the majority of the duly qualified
20 and confirmed members or a minimum of three members, whichever
21 is greater, may levy a civil penalty of not more than $1,000 on
22 any current licensee who violates any provision of this act or
23 on any person who holds himself out as a State-licensed plumbing
24 contractor or State-licensed journeyman plumber without being
25 licensed under this act. The board shall levy a penalty only
26 after affording the accused party the opportunity for a hearing,
27 as provided in 2 Pa.C.S. (relating to administrative law and
28 procedure).
29 (c) Disposition.--All fines and civil penalties imposed
30 under this section shall be paid into the Professional Licensure
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1 Augmentation Account.
2 Section 23. Appropriation.
3 The sum of $85,000, or as much thereof as may be necessary,
4 is hereby appropriated from the Professional Licensure
5 Augmentation Account within the General Fund to the Bureau of
6 Professional and Occupational Affairs in the Department of State
7 for the payment of costs of processing licenses and renewals,
8 for the operation of the State Board of Plumbing Contractors and
9 for other general costs of the bureau operations relating to
10 this act. The appropriation granted shall be repaid by the board
11 within three years of the beginning of issuance of licenses by
12 the board.
13 Section 24. Effective date.
14 This act shall take effect as follows:
15 (1) Sections 5 and 21 shall take effect in two years.
16 (2) The remainder of this act shall take effect in 90
17 days.
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