Senate Bill No. 540
(By Senators McCabe, Hunter, White, Sharpe, Bowman,
Kessler and Sprouse)
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[Introduced March 14, 2005; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §29-3D-1, §29-3D-2,
§29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7, §29-3D-8 and
§29-3D-9, all relating to regulating plumbers and fire
protection workers; requiring plumbers and fire protection
workers to be licensed; defining certain terms; providing
certain exemptions to the requirement of a license; requiring
the State Fire Marshal to make applications available to
affected persons; providing for the payment of certain license
fees; setting forth the powers and duties of the Fire Marshal;
listing criteria to be considered in denying, suspending or
revoking any license; setting forth criminal penalties for
noncompliance; and providing that no political subdivision of
the state may mandate additional licensing requirements.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §29-3D-1, §29-3D-2,
§29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7, §29-3D-8 and
§29-3D-9, all to read as follows:
ARTICLE 3D. SUPERVISION OF PLUMBING AND FIRE PROTECTION WORK.
§29-3D-1. Declaration of purpose.
The provisions of this article are intended to protect the
health, safety and welfare of the public as well as public and
private property by assuring the competence of those who perform
plumbing and fire protection work through licensure by the State
Fire Marshal of the State Fire Commission.
§29-3D-2. Necessity of license; definitions.
After the effective date of this article, no plumbing or fire
protection work may be performed, offered or engaged in for
compensation or hire within this state by any person unless such
person possesses a license issued by the State Fire Marshal in
accordance with the provisions of this article, and a copy of the
license is carried on their person on any job in which plumbing or
fire protection work is being performed for hire.
As used in this article:
(a) "Plumber in training" means a person with interest in and
an aptitude for performing plumbing work but who alone is not
capable of performing plumbing work.
(b) "Sprinkler fitter in training" means a person with
interest in and an aptitude for performing fire protection work but
who alone is not capable of performing such work.
(c) "Fire protection work" means the practice, materials, and
equipment in a building used in the installation, alteration,
extension, maintenance, or testing of all piping, materials and
equipment, both above and below ground, as defined by the state
fire code, using shop drawings prepared by a fire protection layout
technician, in connection with the discharge of water, other
special fluids, chemicals or gases and backflow preventers for fire
protection for the express purpose of extinguishing or controlling
fire. Fire protection equipment shall not include public and
private mobile fire vehicles.
(d) "Fire protection layout technician" is an individual who
performs or supervises fire protection shop drawing layout work.
(e) "Journeyman plumber" means a person qualified by at least
eight thousand hours of plumbing experience and who is competent to
instruct and supervise the work of a plumber in training.
(f) "Journeyman sprinkler fitter" means a person qualified by
at least ten thousand hours of work experience installing,
adjusting, repairing and dismantling fire protection systems and
who is competent to instruct and supervise the fire protection work
of a sprinkler fitter in training.
(g) "License" means a valid and current license issued by the State Fire Marshal in accordance with the provisions of this
article.
(h) "Master plumber" means a person with at least twelve
thousand hours of plumbing work experience and who is competent to
design plumbing systems, and to instruct and supervise the plumbing
work of journeyman plumbers, and plumbers in training.
(i) "Plumbing" means the practice, materials, and fixtures,
from the first connection outside of the building used in the
installation, maintenance, extension, or alteration of all piping,
fixtures, plumbing appliances, plumbing appurtenances, as defined
by the state building code, in connection with the sanitary
drainage facilities, plumbing venting systems, medical gas systems,
fuel oil and gas piping, backflow preventers, and public or private
water supply systems.
§29-3D-3. Exemptions; nonapplicability of license requirements.
This article does not apply to and no license may be required
for:
(1) A person who personally performs plumbing or fire
protection work with respect to any single family dwelling owned or
leased, and occupied by that person;
(2) A person who performs plumbing or fire protection work at
any manufacturing plant or other industrial establishment as an
employee of the person, firm or corporation operating the plant or
establishment;
(3) A person who performs plumbing work while employed by an
employer who engages in the business of selling appliances at
retail, so long as such plumbing work is performed incidental to
the installation or repair of appliances sold by the employer; or
(4) A person who, while employed by a public utility or its
affiliate, performs plumbing or fire protection work in connection
with the furnishing of public utility service.
§29-3D-4. Rules; applications and examinations; fees; reciprocity.
(a) The State Fire Marshal shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code for the implementation and
enforcement of the provisions of this article. Proposed rules
shall provide: Standards and procedures for certification,
including applications, examinations, fees, qualifications,
procedures for investigating complaints, revoking or suspending
licenses, appeal procedures, issuance of licenses, renewal of
licenses, classifications of licenses: Provided, That the license
fee shall not exceed one hundred dollars annually.
(b) The State Fire Marshal shall prepare and arrange for the
receipt of applications from those who intend to perform plumbing
or fire protection work in this state. The application shall be
sufficiently detailed to enable the State Fire Marshal to determine
the presence or absence of an applicant?s qualifications for a
license of a particular class and may include an examination. The State Fire Marshal may require applicants to supply affidavits or
other documents attesting to the applicant's qualifications, from
past employers, other plumbers, sprinkler fitters, fire protection
technicians, engineers and others with knowledge of the applicant?s
qualifications. The State Fire Marshal may make other inquiries as
he or she considers necessary to determine the qualifications of
the applicant. An applicant expressly consents to inquiries by
the State Fire Marshal by his or her application:
Provided, That
in order to facilitate the implementation of the provisions of this
article, the State Fire Marshal shall, until the first day of July,
two thousand six, provide for the granting of licensure without a
test. The State Fire Marshal shall charge a fee of seventy-five
dollars for a master plumber license and fifty dollars for any
other license, and the license shall be effective for no less than
one year and no more than two years. The State Fire Marshal shall
prepare and arrange for the receipt of applications from those who
intend to perform plumbing or fire protection work in this state.
The application shall require evidence of the hours worked as
specified in section two, article three-d, chapter twenty-nine for
each classification a license is requested and shall be
sufficiently detailed to enable the State Fire Marshal to determine
the presence or absence of an applicant?s qualifications for a
license of a particular class. The State Fire Marshal may require
applicants to supply affidavits or other documents attesting to the applicant?s qualifications from past employers, other plumbers,
sprinkler fitters, fire protection technicians, engineers and
others with knowledge of the applicant?s qualifications. The State
Fire Marshal may make other inquiries as he or she considers
necessary to determine the qualifications of the applicant. An
applicant expressly consents to inquiries by the State Fire
Marshal by his or her application.
(c) To the extent that other jurisdictions provide for the
licensing of plumbers or sprinkler fitters, the State Fire Marshal
may grant the same or equivalent classification of license without
written examination upon satisfactory proof furnished to the State
Fire Marshal that the qualifications of the applicant are equal to
the qualifications required by this article and upon the submission
of a complete application and the payment of the required fee:
Provided, That as a condition to reciprocity, the other
jurisdictions must extend to licensed plumbers or sprinkler fitters
of this state, the same or equivalent classification.
§29-3D-5. Powers, duties and authority of State Fire Marshal.
(a) Enforcement. -- The State Fire Marshal and his or her
deputy fire marshal, assistant fire marshal, assistant fire
marshal-in-training, any deputized person pursuant to subsection
(j), section twelve, article three, chapter twenty-nine of this
code or any compliance officer of the Division of Labor as
authorized by the Commissioner of the Division of Labor is authorized to enforce the provisions of this article. The State
Fire Marshal may deputize any compliance officer of the Division of
Labor in the enforcement of the provisions of this article.
(b) Issuance of citations. -- The State Fire Marshal and any
of his or her deputy fire marshals, assistant fire marshals,
assistant fire marshals-in-training, any deputized person pursuant
to subsection (j), section twelve, article three, chapter
twenty-nine of this code and any deputized compliance officer of
the Division of Labor are hereby authorized to issue citations, in
his or her jurisdiction for noncompliance with this article:
Provided, That a summary report of all citations issued pursuant to
this section by persons deputized by subsection (j), section
twelve, article three, chapter twenty-nine of this code and persons
deputized under subsection (a) of this section shall be forwarded
monthly to the State Fire Marshal in the form and containing
information as he or she may require, including the violation for
which the citation was issued, the date of issuance, the name of
the person issuing the citation and the person to whom the citation
was issued. The State Fire Marshal may at any time revoke the
authorization of a person deputized by subsection (j)in section
twelve, article three, chapter twenty-nine of this code and persons
deputized pursuant to subsection (a) of this section to issue
citations, if in the opinion of the State Fire Marshal, the
exercise of authority by the person is inappropriate.
(c) Right of entry. -- The State Fire Marshal or any of his or
her deputy fire marshals, assistant fire marshal, assistant fire
marshals-in-training, any deputized person pursuant to subsection
(e), section twelve, article three, chapter twenty-nine of this
code and any deputized compliance officer of the West Virginia
Division of Labor may, at all reasonable hours, enter upon any
property, or enter any building or premises where plumbing or fire
protection work is being performed for the purpose of ascertaining
compliance with the conditions set forth in this article.
(d) Interagency cooperation. -- The State Fire Marshal shall
contract with the Division of Labor for the enforcement of the
licensing provisions of this article. The State Fire Marshal and
the Commissioner of Labor shall execute a work-sharing agreement
which defines the enforcement authority to be shared, the
appropriate distribution of revenues, and the procedures for
citation and disciplinary actions against persons who violate the
licensing requirements of this article.
§29-3D-6. Denial of license; suspension and revocation of license.
(a) The State Fire Marshal may deny a license to any applicant
who fails to comply with the rules established by the State Fire
Marshal, or who lacks the necessary qualifications.
(b) The State Fire Marshal may, upon complaint or upon his or
her own inquiry, and after notice to the licensee, suspend or
revoke a licensee?s license if:
(1) The license was granted upon an application or documents
supporting the application which materially misstated the terms of
the applicant?s qualifications or experience;
(2) The licensee subscribed or vouched for a material
misstatement in his or her application for licensure;
(3) The licensee incompetently or unsafely performs plumbing
or fire protection work;
(4) The licensee violated any statute of this State, any
legislative rule or any ordinance of any municipality or county of
this state which protects the consumer or public against unfair,
unsafe, unlawful or improper business practices; or
(5) The licensee fails to comply with any legislatively
adopted rule of the State Fire Marshal.
§29-3D-7. Effect of noncompliance with article; failure to obtain
license.
(a) Any person, firm, corporation or employee thereof, or any
representative, member or officer of the firm or corporation,
individually, entering upon or engaging in the business of
performing any plumbing or fire protection work as defined in this
article, without obtaining the required license or otherwise
complying with this article, shall be issued a citation and for the
first offense shall be fined not less than one hundred dollars, nor
more than five hundred dollars. For a second and each subsequent
offense, the penalty and punishment shall be a fine of not less than five hundred dollars nor more than one thousand dollars. Each
day during which the plumbing or fire protection work is performed
without the required license or while in noncompliance with any of
the provisions of this article, after official notice that the work
is unlawful, is a separate offense.
(b) Any plumbing or fire protection work performed by a
person, firm or corporation which is determined by the State Fire
Marshal to constitute a safety or health hazard to members of the
public or any plumbing or fire protection work of an extensive
nature being performed by any person without the required license
or otherwise in noncompliance with the requirements of this
article, is subject to being issued a cease and desist order
requiring the person, firm or corporation to immediately cease all
plumbing or fire protection work in this state. The cease and
desist order may be withdrawn upon correction of the violation.
Any person continuing to engage in plumbing or fire protection work
after the issuance of a cease and desist order is guilty of a
misdemeanor, and upon conviction thereof, is subject to the
following penalties:
(1) For a first offense, a fine of not less than two hundred
dollars nor more than one thousand dollars;
(2) For a second offense, a fine of not less than five hundred
dollars nor more than two thousand dollars, or confinement in jail
for not more than six months, or both;
(3) For a third or subsequent offense, a fine of not less than
one thousand dollars nor more than five thousand dollars, and
confinement in jail for not less than thirty days nor more than one
year.
(c) The Fire Marshal may institute proceedings in the circuit
court of the county where the alleged violation of the provisions
of this article occurred or are now occurring to enjoin any
violation of any provision of this article. A circuit court by
mandatory or prohibitory injunction may compel compliance with the
provisions of this article, with the lawful orders of the State
Fire Marshal and with any final decision of the State Fire Marshal.
The State Fire Marshal shall be represented in all such proceedings
by the Attorney General or his or her assistants.
(d) Any person adversely affected by an action of the State
Fire Marshal may appeal the action pursuant to the provisions of
chapter twenty-nine-a of this code.
§29-3D-8. Inapplicability of local ordinances; exclusive license.
After the effective date of this article, no political
subdivision of this state may require any license or other evidence
of competence as a plumber or sprinkler fitter from any person who
holds a valid and current license issued under the provisions of
this article, as a condition precedent to permission for the
performance of plumbing or fire protection work in the political
subdivision.
§29-3D-9. Disposition of fees, fines and other receipts.
All fees shall be paid to the State Fire Marshal. The fee
receipts shall be deposited by the State Fire Marshal in a special
account with the State Treasurer for the use of the State Fire
Marshal as provided in subsection (c), section twelve-b, article
three of this chapter. All fines provided for under the provisions
of this article shall be paid into the general revenue of the
state.
NOTE: The purpose of this bill is to regulate persons
providing business services in the fields of plumbing and fire
protection to insure these professionals. The bill requires
plumbers and fire protection workers to be licensed and provides
for administration by the State Fire Marshal. Under the bill,
criminal penalties are provided for violations.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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