Senate Bill No. 356
(By Senators Bowman, Bailey, Jenkins, Kessler,
McCabe, Minard, Plymale, White, Boley and Foster)
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[Introduced January 29, 2007; 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; providing
rule-making authority to establish qualifications, provide
exceptions to examination requirements in certain
circumstances, fees, reciprocity provisions and complaint
procedures; providing enforcement procedures; authorizing
fines and criminal penalties for noncompliance; and providing
that no political subdivision of the state may mandate
additional licensing requirements.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §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.
§29-3D-2. Definitions.
As used in this article:
(a) "Fire protection layout technician" is an individual who
has achieved National Institute for Certification in Engineering
Technologies (NICET) Level III or higher certification, and who has
the knowledge, experience and skills necessary to layout fire
protection systems based on engineering design documents.
(b) "Fire protection system" means any fire protection
suppression device or system designed, installed and maintained in
accordance with the applicable National Fire Protection Association
(NFPA) codes and standards, but does not include public or private
mobile fire vehicles.
(c) "Fire protection work" means the installation, alteration, extension, maintenance, or testing of all piping, materials and
equipment inside a building, including the use of shop drawings
prepared by a fire protection layout technician, in connection with
the discharge of water, other special fluids, chemicals or gases
and backflow preventers for fire protection for the express purpose
of extinguishing or controlling fire.
(d) "Journeyman 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.
(e) "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.
(f) "License" means a valid and current license issued by the
State Fire Marshal in accordance with the provisions of this
article.
(g) "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.
(h) "Plumber in training" means a person with interest in and
an aptitude for performing plumbing work but who alone is not
capable of performing plumbing work, and who has fewer than eight thousand hours of plumbing experience.
(i) "Plumbing" means the installation, maintenance, extension,
or alteration of all piping, fixtures, water treatment devices,
plumbing appliances and appurtenances, as defined by the state
building code including, but not limited to, the plumbing venting
systems, medical gas systems, fuel oil and gas piping, backflow
preventers, and public or private water supply systems, inside of
a building.
(j) "Sprinkler fitter in training" means a person with
interest in and an aptitude for performing fire protection work but
who alone is not capable of performing such work, and who has fewer
than ten thousand hours of experience installing, adjusting,
repairing and dismantling fire protection systems.
§29-3D-3. Necessity of license; exemptions.
(a) After the effective date of the legislative rules
promulgated pursuant to this article, no person may perform or
offer to perform plumbing or fire protection work without a license
issued by the State Fire Marshal in accordance with the provisions
of this article.
(b) A person licensed under this article must carry a copy of
the license on any job in which plumbing or fire protection work is
being performed.
(c) This article does not apply to:
(1) A person who personally performs plumbing or fire protection work on a 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; qualifications; reciprocity; complaint
procedures; fees.
(a) The State Fire Marshal shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code for the implementation and
enforcement of the provisions of this article, which shall provide:
(1) Standards and procedures for issuing and renewing
licenses, including classifications of licenses as defined in this
article, applications, examinations and qualifications;
(2) Provisions for the granting of licenses without
examination, to applicants who present satisfactory evidence of having worked the hours required for journeyman and master
classifications as defined in this article and who apply for
licensure on or before the first day of July, two thousand nine:
Provided, That if a license issued under the authority of this
subsection subsequently lapses, the applicant is subject to all
licensure requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or
suspending licenses, including appeal procedures;
(5) Fees;
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of
this article.
§29-3D-5. Enforcement.
(a) 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, and may, at reasonable hours, enter any building or
premises where plumbing or fire protection work is performed and
issue citations for noncompliance.
(b) The State Fire Marshal may deputize any compliance officer of the Division of Labor in the enforcement of the provisions of
this article, and may revoke the authority of any person deputized
pursuant to subsection (j), section twelve, article three, chapter
twenty-nine of this code.
(c) Persons authorized to issue citations shall submit a
monthly report to the State Fire Marshal of all citations issued.
The reports must include 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.
(d) 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 legislative rule
promulgated pursuant to this article.
§29-3D-7. Penalties for noncompliance.
(a) Any person who performs or offers to perform plumbing or
fire protection work without a license issued by the State Fire
Marshal is subject to being issued a cease and desist order.
(b) 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) 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.
(d) The Fire Marshal may institute proceedings in the circuit
court of the county where the alleged violation of the provisions
of this article occurred or are now occurring to enjoin any
violation of any provision of this article. A circuit court by
injunction may compel compliance with the provisions of this
article, with the lawful orders of the State Fire Marshal and with
any final decision of the State Fire Marshal. The State Fire
Marshal shall be represented in all such proceedings by the
Attorney General or his or her assistants.
(e) Any person adversely affected by an action of the State
Fire Marshal may appeal the action pursuant to the provisions of
chapter twenty-nine-a of this code.
§29-3D-8. Inapplicability of local ordinances; exclusive license.
After the effective date of the legislative rules promulgated pursuant to this article, no political subdivision of this state
may require any license or other evidence of competence as a
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 the performance of plumbing or fire
protection work in the political subdivision.
§29-3D-9. Disposition of fees and fines.
(a) All fees shall be paid to the State Fire Marshal. The fee
receipts shall be deposited by the State Fire Marshal in a special
account with the State Treasurer for the use of the State Fire
Marshal as provided in subsection (c), section twelve-b, article
three of this chapter.
(b) All fines provided under the provisions of this article
shall be paid into the general revenue of the state.
NOTE: The purpose of this bill is to require plumbers and fire
protection workers to be licensed.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
This bill is recommended by the Joint Standing Committee on
Government Organization for passage during the 2007 Regular Session.