PRINTER'S NO. 3337
No. 2445 Session of 1990
INTRODUCED BY COLE, COY, WAMBACH AND BELARDI, APRIL 4, 1990
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 4, 1990
AN ACT
1 Regulating and requiring the licensure of plumbers; establishing
2 the State Plumbing Board and providing for its powers and
3 duties; providing for minimum Statewide plumbing standards,
4 including those for water conservation; providing penalties;
5 and making an appropriation.
6 TABLE OF CONTENTS
7 Chapter 1. General Provisions
8 Section 101. Short title.
9 Section 102. Definitions.
10 Chapter 2. State Plumbing Board
11 Section 201. State Plumbing Board.
12 Section 202. Powers and duties of board.
13 Chapter 3. Licensing Provisions
14 Section 301. License required.
15 Section 302. Qualifications for license.
16 Section 303. Exemption from examination.
17 Section 304. Reciprocity.
18 Section 305. Reinstatement of license.
19 Section 306. Reporting of multiple licensure.
20 Section 307. Death or disability of qualifying representative.
1 Section 308. Transferability of license.
2 Section 309. License renewal; records and fees.
3 Chapter 4. Plumbing Standards
4 Section 401. Minimum Statewide standards.
5 Section 402. Water conservation performance standards.
6 Section 403. Preemption of local standards.
7 Chapter 5. Enforcement Provisions
8 Section 501. Refusal, suspension and revocation of license.
9 Section 502. Surrender of suspended or revoked license.
10 Section 503. Subpoenas.
11 Section 504. Noncompliance with local ordinances.
12 Section 505. Unlawful conduct or practice.
13 Section 506. Enforcement of plumbing standards.
14 Section 507. Enforcement delegation.
15 Section 508. Penalties.
16 Chapter 6. Miscellaneous Provisions
17 Section 601. Appropriation.
18 Section 602. Severability.
19 Section 603. Sunset.
20 Section 604. Effective date.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 CHAPTER 1
24 GENERAL PROVISIONS
25 Section 101. Short title.
26 This act shall be known and may be cited as the Plumbing
27 Standards and Licensing Act.
28 Section 102. Definitions.
29 The following words and phrases when used in this act shall
30 have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Board." The State Plumbing Board.
3 "Department." The Department of Labor and Industry of the
4 Commonwealth.
5 "Municipality." A county, city, borough, incorporated town,
6 township or home rule municipality.
7 "Person." A person, firm, corporation or other legal entity.
8 "Plumber." A person who engages in the business of
9 contracting to install, erect, repair or alter plumbing
10 equipment.
11 "Secretary." The Secretary of Labor and Industry of the
12 Commonwealth.
13 CHAPTER 2
14 STATE PLUMBING BOARD
15 Section 201. State Plumbing Board.
16 (a) Creation.--There is hereby created the State Plumbing
17 Board. The board shall be a departmental administrative board in
18 the Department of Labor and Industry. The board shall consist of
19 seven members who are citizens of the United States and who have
20 been residents of this Commonwealth for a two-year period. Two
21 members shall be public members, four members shall be qualified
22 plumbers with experience of not less than ten years as a plumber
23 and one member shall be the secretary, or his designee.
24 (b) Terms of office.--The members shall serve for four-year
25 terms, except as provided in subsection (c), and shall be
26 appointed by the Governor by and with the advice and consent of
27 a majority of the members elected to the Senate.
28 (c) Initial appointments.--Within 90 days of the effective
29 date of this act, the Governor shall nominate two qualified
30 plumbers and one public member to serve four-year terms and two
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1 qualified plumbers and one public member to serve three-year
2 terms.
3 (d) Continuation in office.--Each board member shall
4 continue in office until a successor is duly appointed and
5 qualified but no longer than six months after the expiration of
6 the term. In the event that a board member dies, resigns or
7 otherwise becomes disqualified during the term of office, a
8 successor shall be appointed in the same way and with the same
9 qualifications as set forth in this section and shall hold
10 office for the unexpired portion of the unexpired term.
11 (e) Limit on terms.--No board member shall be eligible for
12 appointment to serve more than two consecutive four-year terms.
13 (f) Forfeiture of membership.--A board member who fails to
14 attend three consecutive meetings shall forfeit his or her seat
15 unless the secretary, upon written request from the member,
16 finds that the member shall be excused from a meeting because of
17 illness or the death of a family member.
18 (g) Compensation.--Each member of the board, except the
19 secretary, shall receive $60 per diem when actually attending to
20 the work of the board. Members shall also receive reasonable
21 travel, hotel and other necessary expenses incurred in the
22 performance of their duties in accordance with Commonwealth
23 regulations.
24 (h) Forfeiture for nonattendance.--A public member who fails
25 to attend two consecutive statutorily mandated training seminars
26 in accordance with section 813(e) of the act of April 9, 1929
27 (P.L.177, No.175), known as The Administrative Code of 1929,
28 shall forfeit his or her seat unless the secretary, upon written
29 request from the public member, finds that the public member
30 should be excused from a meeting because of illness or the death
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1 of a family member.
2 (i) Quorum.--A majority of the members serving in accordance
3 with law shall constitute a quorum for purposes of conducting
4 the business of the board. Except for temporary and automatic
5 suspensions, a member may not be counted as part of a quorum or
6 vote on any issue unless he or she is physically in attendance
7 at the meeting.
8 (j) Meetings.--The board shall meet at least four times a
9 year in Harrisburg.
10 (k) Notice.--Reasonable notice of all meetings shall be
11 given in conformity with the act of July 3, 1986 (P.L.388,
12 No.84), known as the Sunshine Act.
13 (l) Operating procedures.--The board shall meet within 30
14 days after the appointment of initial members and set up
15 operating procedures and an application form for licensing
16 plumbers. It shall be the responsibility of the board to
17 circulate these forms and educate the public to the requirements
18 of licensing in order to hold oneself out as a licensed plumber
19 within this Commonwealth.
20 Section 202. Powers and duties of board.
21 (a) Licensing.--The board shall have the powers and its
22 duties shall be:
23 (1) To pass upon the qualifications and fitness of
24 applicants for licenses and reciprocal licenses and to adopt
25 regulations under subsection (c)(1) requiring applicants to
26 pass examinations relating to their qualifications as a
27 prerequisite to the issuance of a license.
28 (2) To adopt regulations under subsection (c)(1)
29 regarding licensing, test criteria, and standards of
30 professional practice and conduct for licensed plumbers in
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1 Pennsylvania.
2 (3) To examine for, deny, approve, issue, revoke,
3 suspend or renew licenses of plumbers under this act and to
4 conduct hearings in connection therewith.
5 (4) To conduct hearings upon complaints concerning
6 licensing violations of this act and the rules and
7 regulations adopted under this act and to seek the
8 prosecution and enjoinder of all such violations.
9 (5) To waive examination and grant a license in cases
10 deemed exceptional by the board and in accordance with
11 regulations promulgated by the board.
12 (6) To submit annually a report to the Professional
13 Licensure Committee of the House of Representatives and the
14 Consumer Protection and Professional Licensure Committee of
15 the Senate, containing a description of the complaints
16 received, status of the cases, board action which has been
17 taken and length of time from the initial complaint to final
18 board resolution.
19 (b) Standards.--The board shall have the power and its
20 duties shall be:
21 (1) To establish Statewide minimum standards for
22 plumbing materials, fixtures and fittings, and installation
23 practices.
24 (2) To promote efficient water use, preserve the natural
25 resources of this Commonwealth, reduce consumer water and
26 energy costs, and facilitate interstate commerce and maintain
27 an orderly market for certain plumbing fixtures and fittings
28 by the incorporation of water conservation performance
29 standards which meet the requirements of section 402 into the
30 Statewide standards adopted under paragraph (1).
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1 (3) To cause any water conservation performance
2 standards adopted under this act to be consistent with any
3 Federal or interstate river basin compact commission
4 standards that may be, now or in the future, applicable to
5 this Commonwealth or any portion thereof.
6 (c) Other matters.--The board shall have the power and its
7 duties shall be:
8 (1) To adopt and from time to time revise such rules and
9 regulations as may be necessary to effectuate the provisions
10 of this act.
11 (2) To appoint such advisory committees as it deems
12 appropriate to assist the board in carrying out the
13 provisions of this act. The board is authorized to pay
14 reasonable and necessary expenses incurred by the members of
15 the advisory committees in carrying out their functions.
16 (3) To expend moneys necessary to the proper carrying
17 out of its assigned duties.
18 (4) To submit annually to the Appropriation Committees
19 of the House of Representatives and the Senate, 15 days after
20 the Governor has submitted his budget to the General
21 Assembly, a copy of the budget request for the upcoming
22 fiscal year which the board previously submitted to the
23 Department of State.
24 (5) To cooperate with appropriate Federal, State,
25 interstate and local units of government and with appropriate
26 private organizations in carrying out its duties under this
27 act.
28 (6) To institute, in a court of competent jurisdiction,
29 proceedings against any person to compel compliance with the
30 provisions of this act, any regulation promulgated under this
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1 act, any order of the board, or the terms and conditions of
2 any approval it may grant.
3 (7) To institute prosecutions against any person under
4 this act.
5 (8) To do any and all other acts and things not
6 inconsistent with any provision of this act, which it may
7 deem necessary or proper for the effective administration and
8 enforcement of this act and the regulations promulgated under
9 this act.
10 CHAPTER 3
11 LICENSING PROVISIONS
12 Section 301. License required.
13 After the effective date of this act, no person shall enter
14 into, engage in or work in business as a plumber unless such
15 person has obtained a license from the board in accordance with
16 the provisions of this act, and such licensee shall assume full
17 responsibility for inspection and supervision of all plumbing
18 work to be performed in accordance with recognized standards.
19 Any single act or transaction shall constitute engaging in the
20 business of plumbing within the meaning of this act.
21 Section 302. Qualifications for license.
22 No person shall be granted a plumber's license unless he or
23 she submits proof satisfactory to the board that:
24 (1) He or she is of good moral character.
25 (2) He or she has been employed or engaged in the
26 business of plumbing or has equivalent practical experience
27 for a period of not less than five years preceding the time
28 of the application, or shall otherwise establish to the
29 satisfaction of the board that he or she has the necessary
30 education and background to take the examination for a
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1 license.
2 (3) He or she has passed an examination duly adopted by
3 the board, prepared and administered by a qualified and
4 approved professional testing organization in the manner
5 prescribed for written examinations by the provisions of
6 section 812.1 of the act of April 9, 1929 (P.L.177, No.175),
7 known as The Administrative Code of 1929.
8 (4) His or her application has been accompanied by the
9 application fee.
10 (5) He or she has not been convicted of a felony under
11 the act of April 14, 1972 (P.L.233, No.64), known as The
12 Controlled Substance, Drug, Device and Cosmetic Act, or of an
13 offense under the laws of another jurisdiction, which, if
14 committed in this Commonwealth, would be a felony under The
15 Controlled Substance, Drug, Device and Cosmetic Act, unless:
16 (i) at least ten years have elapsed from the date of
17 conviction;
18 (ii) the applicant satisfactorily demonstrates to
19 the board that he or she has made significant progress in
20 personal rehabilitation since the conviction, such that
21 licensure of the applicant should not be expected to
22 create a substantial risk of harm to the health and
23 safety of the public or a substantial risk of further
24 criminal violations; and
25 (iii) the applicant otherwise satisfies the
26 qualifications contained in or authorized by this act.
27 As used in this paragraph, the term "convicted" shall include a
28 judgment, an admission of guilt or a plea of nolo contendere.
29 Section 303. Exemption from examination.
30 The requirements of section 302 shall not apply and a license
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1 shall be issued without examination to an individual who submits
2 an application for license, accompanied by the required fee,
3 within two years of the effective date of this act, who is a
4 resident of this Commonwealth, who submits proof of being
5 employed or engaged in the business of plumbing within this
6 Commonwealth for a period of at least ten years prior to the
7 effective date of this act and who demonstrates, to the
8 satisfaction of the board, that his or her principal occupation
9 for at least five years immediately preceding the date of
10 application was that of a plumber.
11 Section 304. Reciprocity.
12 The board shall have the power to grant a reciprocal license
13 to an applicant who is licensed or certified as a plumber in
14 another state and who demonstrates qualifications which equal or
15 exceed those required pursuant to this act in the determination
16 of the board, provided that no license shall be granted under
17 this section to an applicant unless the state in which the
18 applicant is licensed affords reciprocal treatment to persons
19 who are residents of this Commonwealth and who are licensed
20 under this act.
21 Section 305. Reinstatement of license.
22 Unless otherwise ordered to do so by Commonwealth Court or an
23 appeal therefrom, the board shall not reinstate the license of a
24 person revoked pursuant to section 501 to practice as a plumber
25 pursuant to this act. After a period of at least five years, any
26 person whose license has been revoked may apply for
27 reinstatement, but such person must meet all of the licensing
28 qualifications of this act, including the examination
29 requirement, if he or she desires to practice as a plumber under
30 this act at any time after the revocation.
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1 Section 306. Reporting of multiple licensure.
2 Any licensed plumber of this Commonwealth who is also
3 licensed in any other state, territory or country shall report
4 this information to the board on the biennial renewal
5 application. Any disciplinary action taken in any other state,
6 territory or country shall be reported to the board on the
7 biennial renewal application, or within 90 days of disposition,
8 whichever is sooner. Multiple licensure shall be noted by the
9 board on the licensee's record, and such state, territory or
10 country shall be notified by the board of any disciplinary
11 actions taken against the licensee in this Commonwealth.
12 Section 307. Death or disability of qualifying representative.
13 No person shall be denied the privilege of conducting
14 business as a plumber in the event of death, illness or other
15 physical disability of the representative of the plumber who
16 qualified the person for a business permit for at least six
17 months following the date of the death, illness or other
18 physical disability, provided that the business is conducted
19 under such qualified supervision as the board deems adequate.
20 Section 308. Transferability of license.
21 No license issued under this act shall be assignable or
22 transferable.
23 Section 309. License renewal; records and fees.
24 (a) Renewal term.--The renewal of a license shall be on a
25 biennial basis.
26 (b) Records.--A record of all persons licensed to practice
27 as plumbers in this Commonwealth shall be kept in the office of
28 the board and shall be open to public inspection and copying
29 upon payment of a nominal fee for copying the record.
30 (c) Fee.--
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1 (1) All fees required pursuant to this act shall be
2 fixed by the board by regulation and shall be subject to the
3 act of June 25, 1982 (P.L.633, No.181), known as the
4 Regulatory Review Act. If the revenues raised by fees, fines
5 and civil penalties imposed pursuant to this act are not
6 sufficient to meet expenditures over a two-year period, the
7 board shall increase those fees by regulation so that the
8 projected revenues will meet or exceed projected
9 expenditures.
10 (2) If the secretary determines that the fees
11 established by the board pursuant to paragraph (1) are
12 inadequate to meet the minimum enforcement efforts required
13 by this act, then the secretary, after consultation with the
14 board and subject to the Regulatory Review Act, shall
15 increase the fees by regulation in an amount so that adequate
16 revenues are raised to meet the required enforcement effort.
17 CHAPTER 4
18 PLUMBING STANDARDS
19 Section 401. Minimum Statewide standards.
20 Within two years following the effective date of this act,
21 the board shall adopt, by regulation, Statewide minimum plumbing
22 standards which shall include, but not be limited to, plumbing
23 materials, specifications and proper installation practices for
24 joints, traps, clean-outs, interceptors and backwater valves;
25 support and protection of piping; plumbing fixtures and
26 fittings; water supply and distribution systems; soil and waste
27 piping; storm water drainage piping; vents and venting; indirect
28 and special wastes; and water conservation performance
29 standards.
30 Section 402. Water conservation performance standards.
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1 (a) Scope.--In the adoption of standards pursuant to section
2 401, the board shall include water conservation performance
3 standards for certain plumbing fixtures and fittings to provide
4 greater efficiency in residential and commercial water use.
5 Standards shall be developed for the following products:
6 (1) Sink and lavatory faucets.
7 (2) Shower heads.
8 (3) Water closets, including gravity tank-type toilets,
9 flushometer-tank toilets, flushometer-valve toilets, electro-
10 mechanical hydraulic toilets and all other types of toilets
11 that use water.
12 (4) Urinals.
13 (5) Any other fixture or fitting for which the board
14 determines the application of standards under this section
15 would be appropriate to further water conservation.
16 (b) Minimum standards.--Any performance standards adopted
17 under subsection (a) shall comply with the following minimum
18 criteria:
19 (1) For sink and lavatory faucets, maximum flow shall
20 not exceed three gallons of water per minute when tested in
21 accordance with American National Standards Institute (ANSI)
22 A112.18.1M.
23 (2) For shower heads, maximum flow shall not exceed
24 three gallons of water per minute when tested in accordance
25 with ANSI A112.18.1M.
26 (3) For water closets and associated flushing mechanism,
27 maximum volume shall not exceed an average of one and six-
28 tenths gallons per flushing cycle when tested in accordance
29 with the hydraulic performance requirements of ANSI
30 A112.19.2M and ANSI A112.19.6M.
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1 (4) For urinals and associated flushing mechanism,
2 maximum flow shall not exceed one and one-half gallons of
3 water per flush when tested in accordance with the hydraulic
4 performance requirements of ANSI A112.19.2M and ANSI
5 A112.19.6M.
6 (c) Reevaluation.--Periodically, but not less than once
7 every five years, the board shall conduct a reevaluation of the
8 minimum performance standards contained in subsection (b) to
9 determine their efficacy in advancing water conservation, taking
10 into account such information as the board considers relevant,
11 including technological developments relating to the water use
12 or water efficiency of the plumbing fixtures and fittings
13 subject to the provisions of subsection (b). As a result of the
14 reevaluation, the board may in its discretion adopt more
15 stringent standards for water conservation or apply similar
16 standards to a broader class of fixtures and fittings.
17 (d) Exemption.--The performance standards adopted under this
18 section shall not apply to plumbing fixtures and fittings, such
19 as emergency showers, aspirator faucets and blowout fixtures,
20 that, in order to perform a specialized function, cannot meet
21 the standards specified in subsection (b) as determined by the
22 board.
23 (e) Prohibition.--On or after the effective date of this
24 act, no person or governmental agency shall, for purposes of use
25 in this Commonwealth, distribute, sell, offer for sale, import
26 or install any plumbing fixture or fitting subject to the
27 provisions of this section, unless it meets the water
28 conservation performance standards set forth in subsection (b)
29 or any subsequently adopted standards of the board. The
30 provisions of this section shall not apply to:
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1 (1) Fixtures or fittings installed prior to the
2 effective date of this section.
3 (2) Fixtures or fittings installed prior to the
4 effective date of this section which are removed and
5 relocated to another area of the same building after the
6 effective date of this section.
7 (3) Fixtures or fittings ordered by, or in the inventory
8 of, contractors, distributors, wholesalers or retailers
9 before the effective date of this section.
10 (4) Fixtures or fittings determined by the board to be
11 exempt pursuant to subsection (d).
12 Section 403. Preemption of local standards.
13 Standards developed pursuant to this chapter shall supersede
14 all municipal plumbing codes and local ordinances to the extent
15 that those codes and ordinances are less stringent than or
16 otherwise inconsistent with standards adopted under this act.
17 CHAPTER 5
18 ENFORCEMENT PROVISIONS
19 Section 501. Refusal, suspension and revocation of license.
20 (a) Grounds.--The board may refuse, suspend, revoke, limit
21 or restrict a license or reprimand a license for any of the
22 following:
23 (1) Securing a license by misrepresentation.
24 (2) Failing to maintain the qualifications required by
25 this act of demonstrating a level of competence manifestly
26 inconsistent with retention of the license in question.
27 (3) Engaging in fraudulent business activities or in
28 misleading advertising practices.
29 (4) Violating any provision of this act.
30 (5) Committing an act of gross negligence or condoning
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1 such an act by his or her employee.
2 (6) Failing to adequately and properly supervise
3 employees in compliance with standards recognized by the
4 board or regulations promulgated by the board.
5 (7) Failing to perform plumbing in conformance with
6 standards of the National Plumbing Code then in effect and
7 the standards, if any, of the municipality wherein the work
8 is performed.
9 (8) Being convicted of a felony or a crime of moral
10 turpitude in any Federal or State court, or being convicted
11 of the equivalent of a felony in any foreign country,
12 territory or possession. As used in this paragraph, the term
13 "convicted" includes a finding or verdict of guilt, an
14 admission of guilt or a plea of nolo contendere, or receiving
15 probation without verdict, disposition in lieu of trial or an
16 Accelerated Rehabilitative Disposition in the disposition of
17 felony charges.
18 (9) Having a license to perform plumbing suspended,
19 revoked or refused or receiving other disciplinary action by
20 the proper licensing authority of any other State, territory,
21 possession or country.
22 (b) Board action.--When the boards finds that the license or
23 application for license of any person may be refused, revoked,
24 restricted or suspended under the terms of subsection (a), the
25 board may:
26 (1) Deny the application for a license.
27 (2) Administer a public reprimand.
28 (3) Revoke, suspend, limit or otherwise restrict a
29 license as determined by the board.
30 (4) Suspend enforcement of its findings thereof and
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1 place a licensee on probation with the right to vacate the
2 probationary order for noncompliance.
3 (5) Restore a suspended license and impose any
4 disciplinary or corrective measure which it might originally
5 have imposed.
6 (c) Hearing.--All actions of the board shall be taken
7 subject to the right of notice, hearing and adjudication and the
8 right of appeal therefrom in accordance with Title 2 of the
9 Pennsylvania Consolidated Statutes (relating to administrative
10 law and procedure).
11 (d) Temporary suspension.--Notwithstanding the provisions of
12 subsection (c), the board shall temporarily suspend a license
13 under circumstances as determined by the board to be an
14 immediate and clear danger to the public health and safety. The
15 board shall issue an order to that effect without a hearing, but
16 upon due notice to the licensee concerned at his or her last
17 known address, which shall include a written statement of all
18 allegations against the licensee. Upon issuance of the order,
19 the board shall commence formal action to suspend, revoke or
20 restrict the license of the person concerned as otherwise
21 provided for in this act. All actions shall be taken promptly
22 and without delay. Within 30 days following the issuance of an
23 order temporarily suspending a license, the board shall conduct
24 or cause to be conducted a preliminary hearing to determine if
25 there is a prima facie case supporting the suspension. The
26 licensee whose license has been temporarily suspended may be
27 present at the preliminary hearing and may be represented by
28 counsel, cross-examine witnesses, inspect physical evidence,
29 call witnesses, offer evidence and testimony and make a record
30 of the proceedings. If it is determined that there is not a
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1 prima facie case, the suspended license shall be immediately
2 restored. The temporary suspension shall remain in effect until
3 vacated by the board but in no event longer than 180 days.
4 (e) Automatic suspension.--A license issued under this act
5 shall automatically be suspended upon the legal commitment of a
6 licensee to an institution because of mental incompetence from
7 any cause upon filing with the board a certified copy of such
8 commitment, conviction of a felony under the act of April 14,
9 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
10 Device and Cosmetic Act, or conviction of an offense under the
11 laws of another jurisdiction, which, if committed in this
12 Commonwealth, would be a felony under The Controlled Substance,
13 Drug, Device and Cosmetic Act. Automatic suspension under this
14 section shall not be stayed pending an appeal of conviction.
15 Restoration of the license shall be made as provided in this act
16 for revocation or suspension of such license. As used in this
17 subsection, the term "conviction" shall include a judgment, an
18 admission of guilt or a plea of nolo contendere.
19 Section 502. Surrender of suspended or revoked license.
20 The board shall require a person whose license has been
21 suspended or revoked to return the license in such manner as the
22 board directs. Failure to do so shall be a misdemeanor of the
23 third degree.
24 Section 503. Subpoenas.
25 (a) Power to issue.--The board shall have the authority to
26 issue subpoenas, upon application of an attorney responsible for
27 representing the Commonwealth in disciplinary matters before the
28 board, for the purpose of investigating alleged violations of
29 disciplinary provisions administered by the board. The board
30 shall have the power to subpoena witnesses administer oaths,
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1 examine witnesses and take such testimony or compel the
2 production of such books, records, papers and documents as it
3 may deem necessary or proper in, and pertinent to, any
4 proceeding, investigation or hearing held or had by it. Client
5 records may not be subpoenaed without consent of the client or
6 without order of a court of competent jurisdiction on a showing
7 that the records are reasonably necessary for the conduct of the
8 investigation. The court may impose such limitations on the
9 scope of the subpoena as are necessary to prevent unnecessary
10 intrusion into client confidential information. The board is
11 authorized to apply to Commonwealth Court to enforce its
12 subpoenas.
13 (b) Notification of board.--An attorney responsible for
14 representing the Commonwealth in disciplinary matters before the
15 board shall notify the board immediately upon receiving
16 notification of an alleged violation of this act. The board
17 shall maintain current records of all reports of alleged
18 violations and periodically review the records for the purpose
19 of determining that each alleged violation has been resolved in
20 a timely manner.
21 Section 504. Noncompliance with local ordinances.
22 Any licensee who fails to comply with any municipal ordinance
23 concerning the inspection of plumbing work shall be guilty of a
24 violation of this act.
25 Section 505. Unlawful conduct or practice.
26 (a) Unlawful conduct.--It shall be unlawful to fail to
27 comply with any regulation of the board or to fail to comply
28 with any order of the department, to violate or to assist in the
29 violation of any of the provisions of this act or rules and
30 regulations adopted hereunder, or to in any manner hinder,
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1 obstruct, delay, resist, prevent or in any way interfere or
2 attempt to interfere with the department or its personnel in the
3 performance of any duty under this act.
4 (b) Unlawful practice.--It shall be unlawful for any person
5 to hold himself or herself out as a licensed plumber without
6 possessing a valid, unexpired, unrevoked and unsuspended license
7 issued under this act.
8 (c) Injunction.--Unlawful practice may be enjoined by the
9 courts upon petition of the secretary or the board. In any
10 proceeding under this section, it shall not be necessary to show
11 that any person is individually injured by the actions
12 complained of. If the court finds that the respondent has
13 violated this section, it shall enjoin him or her from so
14 practicing until he or she has been duly licensed. Procedure in
15 such cases shall be the same as in any other injunction suit.
16 (d) Remedy cumulative.--The injunctive remedy provided in
17 this section shall be in addition to any other civil or criminal
18 prosecution and punishment.
19 Section 506. Enforcement of plumbing standards.
20 The department shall have the power and its duties shall be
21 to enforce the provisions of Chapter 4.
22 Section 507. Enforcement delegation.
23 The department is hereby authorized to delegate its
24 enforcement authority to any municipality which, upon petition,
25 demonstrates satisfactorily to the department that it has
26 adopted a plumbing code or ordinance consistent with the
27 standards adopted by the board under Chapter 4, except that such
28 delegation may be withdrawn by the department from any
29 municipality that fails to properly administer its enforcement
30 responsibilities thereunder.
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1 Section 508. Penalties.
2 (a) Criminal penalty.--A person who violates this act
3 commits a misdemeanor of the third degree and shall, upon
4 conviction, be sentenced to pay a fine of up to $1,000 or to
5 imprisonment for not more than 90 days, or both.
6 (b) Civil penalty.--In addition to any other civil remedy or
7 criminal penalty provided for in this act, the board, by a vote
8 of the majority of the maximum number of the authorized
9 membership of the board as provided by law or by a vote of the
10 majority of the duly qualified and confirmed membership or a
11 minimum of three members, whichever is greater, may levy a civil
12 penalty of up to $1,000 on any current licensee who violates any
13 provision of this act, or on any person who holds himself or
14 herself out as a licensed plumber without being so licensed
15 under this act, or on any person who otherwise violates the
16 provisions of this act. The board shall levy this penalty only
17 after affording the accused party the opportunity for a hearing,
18 as provided in Title 2 of the Pennsylvania Consolidated Statutes
19 (relating to administrative law and procedure).
20 (c) Disposition.--All fines and civil penalties imposed in
21 accordance with this section shall be paid into the Professional
22 Licensure Augmentation Account.
23 CHAPTER 6
24 MISCELLANEOUS PROVISIONS
25 Section 601. Appropriation.
26 The sum of $85,000, or as much thereof as may be necessary,
27 is hereby appropriated from the General Fund to the Department
28 of Labor and Industry for the payment of costs of processing
29 licenses and renewals, for the operation of the board and for
30 other general costs of the board or department operations
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1 relating to this act. The appropriation granted shall be repaid
2 by the board within three years of the beginning of issuance of
3 licenses by the board.
4 Section 602. Severability.
5 The provisions of this act are severable. If any provision of
6 this act or its application to any person or circumstance is
7 held invalid, the invalidity shall not affect other provisions
8 or applications of this act which can be given effect without
9 the invalid provision or application.
10 Section 603. Sunset.
11 The board shall be the subject of evaluation and review,
12 termination, reestablishment and continuation in accordance with
13 the provisions of the act of December 22, 1981 (P.L.508,
14 No.142), known as the Sunset Act.
15 Section 604. Effective date.
16 This act shall take effect as follows:
17 (1) Sections 301 and 601 shall take effect in 24 months.
18 (2) The remainder of this act shall take effect in 90
19 days.
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