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 19900H2445B3337 - 2 -
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 19900H2445B3337 - 3 -
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 19900H2445B3337 - 4 -
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 19900H2445B3337 - 5 -
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). 19900H2445B3337 - 6 -
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 19900H2445B3337 - 7 -
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 19900H2445B3337 - 8 -
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 19900H2445B3337 - 9 -
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. 19900H2445B3337 - 10 -
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.-- 19900H2445B3337 - 11 -
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. 19900H2445B3337 - 12 -
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. 19900H2445B3337 - 13 -
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: 19900H2445B3337 - 14 -
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 19900H2445B3337 - 15 -
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 19900H2445B3337 - 16 -
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 19900H2445B3337 - 17 -
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, 19900H2445B3337 - 18 -
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, 19900H2445B3337 - 19 -
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. 19900H2445B3337 - 20 -
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 19900H2445B3337 - 21 -
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. C28L63JLW/19900H2445B3337 - 22 -