CHAPTER 425
2000-H 7704 am
Enacted 7/20/2000


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RELATING TOBUSINESSES AND PROFESSIONS - - PLUMBERS

Introduced By:  Representatives Watson and Quick Date Introduced:  February 3, 2000

It is enacted by the General Assembly as follows:

SECTION 1. Sections 5-20-6, 5-20-20, 5-20-23 and 5-20-33.1 of the General Laws in Chapter 5-20 entitled "Plumbers" are hereby amended to read as follows:

5-20-6. Board of examiners -- Composition -- Appointment of members -- (a) A state board of plumbing examiners is created in the department of labor and training whose duty it is to supervise the operation of the division of professional regulation in an advisory capacity in promulgating any policy that is necessary to improve the operation of the division in their area of expertise. The promulgation of that policy is subject to the approval of the director of the department.

(b) (1) The board consists of five (5) eight (8) members:

(i) One is the director of labor and training, or his or her designee ex officio who shall be a non voting member; one of whom shall be a representative from the department of health

(ii) Two (2) Three (3) are master plumbers possessing at the time of appointment, for a period of five (5) years, a certificate of license in full force and effect from the department of labor and training of the state, under the provisions of this chapter, specifying those persons as master plumbers; and

(iii) Two (2) Three (3) are journeyperson plumbers possessing at the time of appointment, for a period of ten (10) years, a certificate of license in full force and effect from the department of labor and training, under the provisions of this chapter, specifying those persons as journeyperson plumbers.

(2) All of the members of the board must be citizens of this state for at least two (2) years immediately preceding their appointment. The director of labor and training is the chairperson of the board and the board shall elect from its membership a chairperson, deputy chairperson and secretary. The members of the board, except the ex officio members, are appointed as subsequently provided.

(c) The provisions of subsection (b) are applicable only to appointments made by the governor after May 16, 1966.

(d) On the expiration of the term of any master plumber member or journeyperson plumber member of the board, the governor shall appoint for a term of three (3) years a master plumber member and a journeyperson plumber member having the qualifications required by this chapter to take the place of the master plumber member and the journeyperson plumber member whose term on the board has expired. That member holds office until the expiration of the term for which the member is appointed and until his or her successor has been appointed and qualified. Any vacancy which occurs in the master plumber members or journeyperson plumber members of the board from any cause shall be filled by appointment by the governor for the remainder of the unexpired term of that member.

5-20-20. Conduct of examinations -- The department of labor and training shall provide and conduct examinations at least four (4) three (3) times each year of applicants who have had their applications for a master plumber's license or a journeyperson plumber's license placed on file with the department. All those examinations are conducted by the department with the aid and co-operation of the state board of plumbing examiners and shall be conducted at places designated by the department within the state consistent with the reasonable convenience of applicants.

5-20-23. Expiration and renewal of licenses -- Penalties for violation of section -- (a) All licenses of master plumbers and journeyperson plumbers issued by the division of professional regulation expire on the birthday of the individual qualifying for the license and may be renewed on or before that date for a period of twelve (12) months or to the licensee's next birthday, two (2) years upon payment of the appropriate renewal fee, and a bond as required by section 5-20-18.

(b) Any master plumber who fails to renew his or her license as provided in subsection (a) may be reinstated by the department on or after the renewal date for a period of two (2) years, upon the payment of the current renewal fee of sixty dollars ($60.00) plus an additional fee of twenty-five dollars ($25.00). outstanding license fees and a ten dollar ($10.00) per month administrative assessment fee for the delinquency period.

(c) Every certificate of license of a journeyperson plumber issued by the department is renewed on or before the licensee's birthday next following the date of issuance upon payment of a renewal fee of twenty-five dollars ($25.00) and a bond as required by section 5-20-18.

(d) Any journeyperson plumber who fails to renew his or her license as provided in subsection (a) may be reinstated by the department on the or after the renewal date for a period of two (2) years upon payment of the current renewal fee of twenty-five dollars ($25.00) plus an additional fee of fifteen dollars ($15.00). outstanding license fees and a ten dollar ($10.00) per month administrative assessment fee for the delinquency period.

(e) Any master plumber who violates this section by failing to renew his or her license each year as provided in this section shall pay to the department the fine of sixty dollars ($60.00) for each year that he or she did not renew his or her license.

(f) Any journeyperson plumber who violates this section by failing to renew his or her license each year as provided in this section shall pay to the department the fine of twenty-five dollars ($25.00) for each year that he or she did not renew his or her license.

Notwithstanding any other provisions of this chapter, any license issued hereunder which is not renewed within two (2) years of the date of its expiration, shall be deemed to be forfeited, and the person to whom the license shall have been issued shall be required to make written application for an examination prior to the issuance of a new license.

5-20-33.1. Enforcement -- (a) It is the duty of the director of labor and training and the chief plumbing investigator state and local health and inspection authorities to enforce the provisions of this chapter. Local building and plumbing inspectors, involved in the day-to-day inspection of plumbing installation, have the primary responsibility for shall assist the chief plumbing investigator in enforcing the provisions of this chapter. These individuals have authority to demand the production of the licenses and certificates required by this chapter on any site where plumbing is being installed and have the authority to investigate, and where appropriate, make complaints, pursuant to section 5-20-28 or 5-20-33 where sufficient evidence has been obtained to sustain a reasonable belief that a violation of this chapter has occurred.

(b) The state board of plumbing examiners also has:

(1) Concurrent responsibility to enforce the provisions of this chapter;

(2) The authority to demand the production of the licenses and certificates required by this chapter on any site where plumbing is being installed; and

(3) The authority to investigate, and where appropriate, make complaints, pursuant to section 5-20-28 or 5-20-33 where sufficient evidence has been obtained to sustain a reasonable belief that a violation of this chapter has occurred.

The director of the department of labor and training provides identification to the board members for the purposes of this section.

SECTION 3. This act shall take effect upon passage.


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