§ 34-37-1. - pgfb.state.al.uspgfb.state.al.us/pdfs/2015/final2015lawchanges3-19-15.pdf · 4...
TRANSCRIPT
§ 34-37-1. 1
“For purposes of this chapter, the following terms 2
shall have meanings respectively ascribed to them herein 3
unless the context clearly requires a different meaning: 4
“(1) APPRENTICE GAS FITTER or PLUMBER. A person 5
other than a master or journeyman gas fitter or plumber, who 6
is engaged in learning and assisting in the installation of 7
gas pipe, equipment, apparatus, and appliances, and shall work 8
directly under the supervision of a journeyman or master gas 9
fitter or plumber, and who has successfully fulfilled the 10
registration requirements of the board and has been duly 11
registered by the board as such for the current year. The 12
apprentice shall have in his or her possession a current annual 13
certificate. The certification shall be available for inspection 14
on request. 15
(2) BOARD. The State of Alabama Plumbers and 16
Gas Fitters Examining Board as renamed by this chapter. The 17
board shall examine, certify, and regulate plumbers, gas 18
fitters, and medical gas piping fitters on a statewide basis 19
pursuant to this chapter. 20
“(3) CERTIFICATION. The process of testing at 21
the state level to determine the knowledge and skill of an 22
individual with respect to plumbing and gas fitting, and the 23
issuing of certificates to indicate that an individual has 24
passed the examination. 25
“(4) REGISTRATION. The process of application with 26
the board with regards to apprentice plumbers, apprentice gas 27
1
fitters, all corporations, professional corporations, 1
limited liability companies and all other legal entities 2
engaging in the business of plumbing and/or gas fitting 3
within the State of Alabama. 4
“(4)(5) GAS FITTING, GAS SYSTEMS, or GAS WORK. The 5
installation, repair of pipes, fixtures, fittings, appliances, 6
or apparatus necessary for supplying natural gas for 7
residential or commercial use from the point of delivery and 8
all gas piping before connection to the combustion zone and 9
including the applicable venting of flue gases to the outside 10
atmosphere and the provisions for air for combustion and 11
ventilation, including all gas fitting work further defined by any 12
Board rules and all codes currently adopted by the Board. 13
This chapter shall not be construed to prevent 14
any contractor certified by the Alabama Board of Heating, and 15
Air Conditioning, and Refrigeration Contractors from 16
installing, replacing, or performing service or repair on 17
natural gas fired air heating/cooling appliances, excluding 18
piping to them provided the installing contractor has a valid 19
certificate issued by the Alabama Board of Heating, and 20
air Conditioning, and Refrigeration Contractors. 21
“(5) (6) JOURNEYMAN GAS FITTER. Any and all persons 22
who engages in or works at the actual installation, repair, 23
or replacement of gas works, who has successfully fulfilled 24
the examination requirements of the board, has been issued 25
a journeyman gas fitter certificate by the board, and possesses 26
a valid and current annual certificate issued by the board. 27
2
The journeyman gas fitter shall have in his or her possession 1
a current annual certificate. The certification shall be available 2
for inspection on request. 3
“(6) (7) JOURNEYMAN PLUMBER Any and all persons 4
who engages in or works at the actual installation, repair, 5
or replacement of plumbing systems, who has successfully fulfilled the 6
examination requirements of the board, has been issued a 7
journeyman plumber certificate by the board, and possesses a 8
valid and current annual certificate issued by the board. 9
The journeyman plumber shall have in his or her possession a 10
current annual certificate. The certificate shall be available 11
for inspection on request. 12
“(7) (8) MASTER GAS FITTER. Any person engaged in or 13
proposing to engage in the business of contracting to do, or 14
of superintending the installation, maintenance, or repair of 15
gas systems or gas work, either or both. The individual shall 16
qualify to be a certified master gas fitter. If the business 17
be a firm or corporation, at least one active employee of the 18
firm or corporation shall be a duly registered and certified 19
master gas fitter, actively and continuously connected with 20
the conduct of the business. The master gas fitter shall have 21
in his or her possession a current annual certificate issued 22
by the board. The certificate shall be available for 23
inspection on request. Any and all legal entities who engage in 24
or works at the actual installation, repair, or replacement 25
of gas systems, who has successfully fulfilled the 26
examination requirements of the board, who has been issued a 27
3
master gas fitter certificate by the board, and possesses a valid 1
and current annual certificate issued by the board. The master 2
gas fitter shall have in his or her possession a current 3
annual certificate. 4
The certificate shall be available for inspection on request. 5
This person may at any time register with the board as 6
principal for any business, firm or corporation. 7
“(8) (9) MASTER PLUMBER. Any person engaged in or 8
proposing to engage in the business of contracting to do, or 9
of superintending the installation, maintenance, or repair of 10
plumbing, or both. The individual shall qualify to be a 11
certified master plumber. If the business is a firm or 12
corporation, at least on active employee of the firm or 13
corporation shall be a duly registered and certified master 14
plumber, actively, continuously connected with the conduct of 15
the business. The master plumber shall have in his or her 16
possession a current annual certificate issued by the board. 17
the certificate shall be available for inspection on request. 18
Any and all legal entities who engage in or works at the 19
actual installation, repair, or replacement of plumbing systems, 20
who has successfully fulfilled the examination requirements of the 21
board, has been issued a master plumber certificate by the 22
board, and possesses a valid and current annual certificate 23
issued by the board. The master plumber shall have in his or 24
her possession a current annual certificate. The certificate 25
shall be available for inspection on request. This person may 26
at any time register with the board as principal for any 27
business, firm, or corporation. 28
4
“(9) (10) MEDICAL GAS PIPING FITTER. A master 1
plumber or master gas fitter who holds a current certificate whose 2
certificate bears an endorsement for installation of medical gas 3
piping. A journeyman plumber, or journeyman gas fitter, apprentice 4
plumber, or apprentice gas fitter who holds a current certificate 5
whose certificate bears an endorsement for installation of medical gas 6
piping shall be entitled to install medical gas piping under the 7
direction of a master plumber or master gas fitter whose 8
certificate entitles him or her to install medical gas piping. An 9
apprentice plumber or apprentice gas fitter who holds a current 10
certificate for medical gas piping shall at all times be under the 11
direct supervision of either a master or journeyman who also holds a 12
current certificate. The medical gas piping fitter shall have in his 13
or her possession a current annual certificate with endorsement 14
issued by the board. The certificate shall be available for 15
inspection on request. 16
“(10) (11)MEDICAL GAS PIPING. Piping used solely to 17
transport gases used for medical purposes. 18
“(11)(12)PLUMBING, PLUMBING SYSTEMS, or PLUMBING 19
WORK. All work associated with the installation, repair, or 20
replacement of pipes, fixtures, or other apparatus necessary either 21
for supplying domestic water or for removing liquid or waterborne 22
waste, located on private property. The term is also used to denote 23
installed fixtures, drainage, vents, and 24
water distribution systems located on private property, and all 25
plumbing work further defined by Board rules and all codes currently 26
adopted by the Board, with the exception of work allowed by this 27
chapter. 28
“(13) PERSON(S). For purposes of this chapter, the term 29
5
“person(s)shall mean any individual, apprentice 1
plumbers, apprentice gas fitters and all corporations, 2
professional corporations, limited liability companies and 3
all other legal entities or any combination thereof. 4
(14) PRINCIPAL. The individual responsible for 5
the contracting, superintending, installation, maintenance, or 6
repair of plumbing and/or gas fitting systems for any legal 7
entity, who is actively and continuously connected with 8
the conduct of the business, and is responsible to the board 9
for the same. The individual shall qualify to be a 10
certified master gas fitter or certified master plumber, 11
either or both. 12
(a) At least one active employee of the 13
legal entity shall be a duly registered and certified master 14
gas fitter and/or plumber as defined in this section, actively 15
and continuously connected with the conduct of the business 16
and registered with the board as the principal of the business. 17
(b) The principal master gas fitter or master plumber 18
shall have in his or her possession a current annual certificate 19
issued by the board. The certificate shall be available 20
for the inspection on request. 21
22
23
Ҥ34-37-5. 24
“ (a) There is established a separate special revenue 25
trust fund in the State Treasury to be known as the State of 26
Alabama Plumbers and Gas Fitters Examining Board Fund. All 27
receipts collected by the board under this chapter shall be 28
deposted in this fund and used only to carry out this 29
6
chapter. The fund shall be disbursed only by warrant out of the 1
State Comptroller upon the State Treasure upon itemized 2
vouchers approved by the executive director of the board, or 3
in the absence of the executive director, by the deputy 4
director. No funds shall be withdrawn or expended except as budgeted 5
and allotted according to Sections 41-4-80 to 41-4-96, inclusive, as 6
amended, and only in amounts as stipulated in the general 7
appropriation bill or other appropriation bills. 8
Any Funds unspent and unencumbered at the end of the fiscal year 9
that exceed 25 percent of the board’s budget for the previous 10
fiscal year shall be transferred to the State General Fund. 11
All money remaining at the end of the fiscal year which exceeds 12
25 percent of the Board’s budget for the previous year shall be 13
transferred to the 501 (c)(3) nonprofit Alabama Home Builders 14
Foundation to be used exclusively for classroom training tools 15
at education facilities that provide plumbing and gas fitting 16
curriculums to include any program approved or accredited by 17
The State of Alabama, United States federal government or board. 18
If at any time, the Alabama Home Buidlers Foundation should lose 19
its nonprofit status, those funds shall be transferred to the State 20
General Fund. 21
“(b) The executive director and the deputy director 22
of the board shall, before entering upon the duties of their 23
office, make and file with the Secretary of State an official 24
bond in the sum of five thousand ($5,000), unless 25
covered by the state blanket bond. The appropriate premiums on 26
the bond shall be paid out of the funds of the board, and the 27
bond shall be executed by an approved bonding fidelity or 28
guaranty company qualified to do business in Alabama and 29
7
acceptable to the Secretary of State. 1
Ҥ34-37-6 2
“(a) It shall be unlawful for any person, firm, 3
corporation or other legal entity to 4
contract, engage in, offer to engage, or convey the impression that 5
he or she is certified in purchase a business license or to do 6
or perform, or to contract, direct, or superintend any plumbing, gas 7
fitting, or medical gas piping within the State of Alabama any 8
incorporated city or town or county of this state unless the person 9
has first registered or received a certificate of competency, 10
hereinafter referred to as “certificate” that is in force and effect 11
at the time the plumbing, gas fitting, or medical gas piping is done 12
offered, performed, directed, or superintended, except as hereinafter 13
provided. 14
“(b) The board shall register all legal entities 15
engaging in, or offering to engage in, plumbing, gas fitting or 16
medical gas piping in the State of Alabama upon forms provided 17
by the board, and upon the applicant first paying all prescribed 18
fees. Disciplinary action for the registered legal entities may 19
be the same as for certified individuals engaged in plumbing, 20
gas fitting or medical gas piping. 21
“(c) The business name which is registered with the 22
board for each legal entity engaged in plumbing, gas fitting 23
or medical gas Piping shall be displayed in a prominent 24
manner on two sides of each service or construction vehicle. 25
The lettering shall be a minimum of two inches in height. 26
8
“(b) (d) The board shall register every person who 1
may apply for an apprentice plumber or gas fitters registration 2
certificate upon forms provided by the board, upon the 3
applicant first paying all prescribed fees. 4
“( c)(e) The board shall examine and pass upon 5
the qualification of every person who applies or for a journeyman’s 6
Plumber or gas fitter certificate upon forms provided by the 7
Board. 8
“(1) An applicant for examination for a jouneyman’s 9
plumber or gas fitter certificate shall submit proof that the 10
applicant has two years of current work experience as an apprentice 11
plumber or gas fitter or has completed an apprentice training 12
program approved by the board. 13
“(2) Applicants for journeyman plumber or gas fitter 14
shall be examined, orally or in writing, upon the fundamentals 15
of plumbing or gas fitting, the theory and practice of 16
plumbing installation and construction or gas fitting work, 17
and the experience and ability of the applicant in practical 18
plumbing installation and construction or gas fitting work. 19
“(3) If the applicant is found to possess an 20
accurate knowledge of the theory and correct practice of 21
plumbing installation and construction or gas fitting work, 22
and sufficient experience and ability in plumbing installation 23
9
and construction or gas fitting work to safely and competently 1
apply that knowledge and practice, the board shall issue a 2
certificate, upon the applicant first paying all prescribed 3
fees. 4
“(4) The examination shall be administered by an 5
independent examining agency. 6
“(d) (f) The board shall examine and pass upon the 7
qualifications of every person who applies for a master’s 8
plumber or gas fitter certificate upon forms provided by the 9
board. 10
“ (1) Applicants for examination for a master plumber 11
certificate shall submit proof to the board that the applicant 12
has at least one year of current work experience as a journeyman 13
plumber. 14
“ (2) Applicants for examination for a master gas 15
fitter’s certificate shall submit proof to the board that the 16
applicant has at least one year of current work experience as a 17
journeyman gas fitter. 18
“ (3) An applicant for a master’s certificate shall 19
be examined upon knowledge, training, and ability, in the 20
planning, laying out, and supervision of plumbing installation 21
and construction work or gas fitting work, and if found to 22
possess those qualifications, the applicant shall be issued a 23
10
master’s plumber or gas fitter certificate by the board upon 1
the applicant first paying all prescribed fees. 2
“(e) (g) No person shall be issued a certificate 3
without passing the prescribed examination. A person who has 4
passed the examination must become certified within 90 5
calendar days and shall not be required to take the 6
examination thereafter in order to secure a certificate in 7
subsequent years. An individual who passes the examination but 8
fails to become certified within 90 calendar days shall be 9
required to retake the examination. At least four examinations 10
per year shall be conducted, at a time and place prescribed 11
by the board after reasonable notice. 12
“(f) (h) Any master plumber, master gas fitter, 13
journeyman plumber, or journeyman gas fitter, apprentice plumber, or 14
apprentice gas fitter performing 15
medical gas piping shall provide proof to the board that he or 16
she has successfully completed a current medical gas piping 17
certification program approved by the board. The approval by 18
the board shall be indicated by endorsement as a medical gas 19
piping fitter on his or her certificate. Any journeyman 20
performing medical gas piping shall work under the direction 21
of a master plumber or master gas fitter whose certificate 22
entitles him or her to install medical gas piping. 23
11
“ (g) An applicant for any type of certification 1
Shall be a United States citizen or. If not a citizen of the 2
United States, a person who is legally present in the United 3
States with appropriate documentation from the federal 4
Government. 5
Ҥ34-37-9 6
“The board shall set the necessary fees to 7
administer the requirements of this chapter and when adopted, 8
such fee schedule shall be in lieu of any fee schedule 9
heretofore prescribed by the board. The board shall not change 10
the fee schedule to be effective in the middle of a calendar 11
year. 12
“The certificates or registrations provided 13
for herein shall be issued by the board upon the payment of 14
the prescribed fees. 15
All annual certificates or registrations shall expire 16
on December 31, of the year in which they were issued. The 17
certificate fees herein prescribed shall be in addition 18
to all privilege or license taxes otherwise levied. 19
Certificates or registrations renewed after December 31 20
shall include the late renewal penalty established by 21
the board. 22
“ All applicants requesting replacement of lost or 23
12
stolen certificates shall be required to pay a $5 reissuance 1
fee based on the regular fee schedule. 2
“All persons serving in the armed forces will 3
not be required to pay any back years for a renewal certificate 4
during the calendar year he or she is released from active 5
military duty. 6
All other persons shall pay back years and 7
prescribed penalties as set forth by Rules of the Board. Unless proof 8
satisfactory to the board is furnished indicating that the individual 9
was not employed in such years in the plumbing or gas fitting trade. 10
Any requests for waiver of back years and penalties shall 11
be reviewed and considered by the Board. The Board shall vote to 12
approve or disapprove each request. 13
Ҥ34-37-10 Temporary certificate 14
“The board may issue a temporary revocable certificate for 15
journeyman classification one time only to any person pending 16
such person’s examination for a certificate, if such person 17
furnishes satisfactory proof that he holds a license or certificate 18
to practice as a journeyman plumber or gas fitter in any state 19
wherein plumbers and gas fitters are required to meet prescribed 20
standards before engaging in the trade of journeyman plumber or 21
gas fitter. Any such temporary certificate during the effective 22
period thererof shall have the force and effect of an annual 23
13
certificate; but no such temporary certificate shall be effective 1
for a period of more than 90 days from the issuance thereof, or 2
until the next examination whichever is longer. Prior to 3
receiving any such temporary certificate, the applicant therefor 4
shall be required to pay to the board one half of the annual 5
certificate fee provided for journeyman plumber or 6
gas fitter, as the case may be. Additional test dates for master 7
plumber and master gas fitter examinations may be given at the 8
discretion of the board. 9
Ҥ34-37-11 (10) 10
“The Board may establish reciprocal agreements with 11
any other state licensing or certifying board which recognizes, 12
at a minimum, the standards prescribed by the board, and may 13
allow certified plumbers and gas fitters to receive a license 14
certificate in this state without taking examinations if the 15
plumber or gas fitter is licensed in the reciprocating state 16
and upon the payment of the prescribed fees. 17
18
Ҥ34-37-1211. 19
“The board may revoke or suspend any 20
Certificate or registration obtained through concealment, 21
misstatement, or misrepresentation of any material fact in 22
the application for such certificate. The board may discipline 23
14
any person(s) as defined in 34-37-1(14) or for a willful violation 1
of any law or ordinance pertaining to the business of the holder 2
of such certificates. and may impose fines, administrative fees or 3
penalties not to exceed $2,000 for each violation. The Board 4
may also order restitution. 5
Before a certificate or registration may be suspended or revoked, 6
the holder thereof shall have notice in writing, enumerating 7
the charges against him or her, and be entitled to a hearing 8
by the board, not sooner than five days from receipt of notice. 9
The holder Of such certificate or registration shall be given 10
an opportunity to present Testimony, oral or written, and right 11
to cross-examination and representation by counsel. All 12
testimony shall be given under oath. The board shall have 13
power to administer oaths, issue Subpoenas, and compel the 14
attendance of witnesses. 15
“The decision of the board shall be based on the 16
evidence produced at the hearing and made part of the record 17
thereof. The board may suspend any certificate or registration 18
up to one year or may revoke the certificate or registration. 19
The person whose certificate or registration has been revoked 20
shall not be permitted to apply for a license certificate or 21
Registration for one year from the date of revocation. 22
23
15
Board procedure shall be the same as defined in the 1
Alabama Administrative 2
Procedure Act, Chapter 22 of Title 42. The board may 3
establish additional procedures as needed provided that any 4
additional procedures are published and made public and 5
are not in conflict with state law. 6
“ Hearings shall be conducted by a hearing officer 7
Appointed by the board. The hearing officer may be a board 8
Member, the executive director, or such other person as the 9
Board may deem fit and proper to hold such hearing. The 10
Testimony adduced at the hearing, along with all other 11
Proceedings, shall be taken down by a competent stenographer 12
And shall be preserved as a record of the board and shall be 13
Open to the public inspection at all reasonable times. A copy 14
Of the record so adduced shall be furnished to each member of 15
The board, and no license shall be revoked unless a majority 16
Of the board members concur with the revocation of same. 17
“No annual certificate shall be issued to any 18
Certificate holder whose certificate shall have been revoked 19
By the board after such hearing until one year from and after 20
The date of such revocation unless the certificate holder 21
Whose certificate shall have been so revoked shall enter into 22
A bond with good and sufficient surety in the penal sum of 23
16
$1,000 to faithfully comply with the provisions of this 1
Chapter and of all rules and regulations and codes adopted by 2
The board, provided however, that such certificate holder 3
Whose certificate shall be so revoked may within five days 4
After such revocation appeal from the board’s decision or 5
Revocation to the circuit court of the county in which the 6
Certificate holder resides, does business, or is employed. 7
Ҥ34-37-13. 8
“In order to protect the public from damages arising 9
From plumbing and gas fitting or plumbing work and gas fitting 10
Work failing to comply with the requirements of any state laws 11
Applicable thereto, or with the ordinances of any municipal 12
Corporation applicable thereto, it is hereby provided that 13
Before any person engages in the business of principal master 14
Plumber or principal master gas fitter, he shall 15
Execute and deposit with the judge of probate in the county of 16
His or her principal place of business a bond in the sum 17
Of $2,000. Such bond shall be a cash bond of $2,000 or executed 18
by a surety authorized and qualified to write surety bonds in the 19
State of Alabama, and shall be approved by the probate judge. Such 20
bond shall be conditioned upon al plumbing and gas fitting work done 21
Performed or supervised by such principal master plumber or 22
Principal master gas fitter complying with the provisions of 23
17
Any laws or ordinances relating to plumbing and gas fitting 1
And applicable thereto. Action on such bond may be brought 2
Against the principal and surety thereon in the name of, and 3
For the benefit of, any person who suffers damages as a 4
consequence of the principal master plumber’s or principal 5
master gas fitter’s work not conforming to the requirements of 6
any laws or ordinances pertaining to plumbing and gas fitting 7
and applicable thereto, provided, however, that the aggregate 8
liability of the surety to all persons so damaged shall, in no 9
event, exceed the sum of the bond. This shall be a statewide 10
bond. No Principal master plumber, principal master gas 11
fitter, business, firm, or corporation who holds an active 12
performance bond with the board shall be required to purchase 13
a performance bond within any incorporated city or county 14
within the State of Alabama. 15
“34-37-1412 16
(a)No person who has obtained a Certificate or 17
Registration shall allow his or her name to be used by 18
Another person, either for the purpose of obtaining permits 19
Or doing business or work under his or her certificate or registration 20
And every person certified or registered shall notify the board of 21
The address of his or her residence and place of business and the name 22
Under which such business is carried on, and shall give immediate 23
18
Written notice within thirty days to the board of any changes in 1
Either. 2
(b) Before any person certified by the Board 3
Engages in the business of master plumber and/or master gas 4
Fitter, he or she shall notify the Board of the address of the 5
Place of business he or she engages in as such and the name 6
Under which such business is carried on and shall give 7
Immediate written notice within thirty days of any change in 8
Either. All information required by this section shall be furnished 9
On a business certification form furnished by the board. 10
(c) Any current certified or registered entity master 11
Plumber or master gas fitter who desires to renew his or her annual 12
Certificate but who does not intend to engage as a master in the 13
business of plumbing or gas fitting, as defined in this chapter, 14
shall complete and inactive status affidavit obtained from the 15
board. Any person in inactive status must renew annually by remitting 16
the annual renewal fee set in the fee schedule. 17
(d) Code officials who hold a certification with 18
the board and wish to be inactive shall be exempt from all 19
renewal fees and re-examination requirements. 20
Ҥ34-37-15 13. 21
“ (a) The following acts, works, and conduct may be 22
performed by anyone, without license or a registration or 23
19
certificate, provided, however, that all work and services 1
herein named or referred to shall be subject to an inspection 2
and approval in accordance with the terms of all state laws 3
and applicable municipal ordinances: 4
(1) Plumbing work done by a property owner in 5
or about a building owned by or occupied by him or her. 6
“(2)(1) Plumbing Gas fitting work done performed by 7
anyone who is regularly employed or acting as a anyone who 8
is regularly employed or acting as a maintenance man acting 9
under the supervision of a maintenance engineer or maintenance 10
engineer incidental to and in connection with the business in 11
which he or she is employed and engaged, provided the gas 12
fitting plumbing work is done performed on the premises of the 13
employer, and who does not engage in the occupations of a 14
plumber or gas fitter for the general public. 15
“(3) (2) Maintenance and reinstallation Plumbing work 16
Done performed upon the premises or equipment of a railroad, 17
or other businesses or industry, by an employee thereof who 18
does not engage in the occupation of a plumber or gas fitter 19
for the general public. 20
“ (4)(3) Plumbing or gas fitting work done performed, 21
not on private property, with the exception of easements, by 22
persons engaged by or employed by any public utility company in 23
20
the laying, maintenance, and operation of its service mains or 1
lines and the installation, alteration, 2
adjustment, repair, removal, and renovation of all types of 3
appurtenances, and equipment, and appliances provided such 4
Plumbing work does not necessitate tying into waste or sewer 5
Lines on the outlet side of the trap or alter gas piping on the 6
consumer side of the meter. 7
“(4) Any person engaged solely in the testing of 8
backflow devices is exempt from the provisions of this 9
chapter. 10
“ (5) Appliances or fixture installations and service 11
Work done in connecting appliances or fixtures to existing 12
Piping installations. 13
“(1)(5) Plumbing work performed by a property owner in 14
or about a building owned or occupied by the owner. 15
“(6) Any person may install washing machines to 16
existing piping installation or waste lines, provided such 17
plumbing work does not necessitate tying into waste or sewer 18
lines on the outlet side of the trap. 19
“ ( b) This chapter shall not apply to any natural gas 20
utility company having fewer than 350 employees that is 21
regulated by the Alabama Public Service Commission. 22
“ (b) This chapter does not apply to any plumbing 23
21
work done performed by a property owner in or about a building 1
owned or occupied by him or her, or plumbing work done performed 2
by anyone who is regularly employed by the property owner to provide 3
maintenance or other repair services if the work is incidental 4
to and in connection with the property for which he or she is 5
employed and engaged and is done on the premises of the 6
employer. 7
Ҥ34-37-17 15 8
“ (a) The board shall have the administrative 9
authority to discipline or require a certificate holder 10
to attend training specific to violations. The board has the 11
authority to levy civil fines or penalties to 12
any registered apprentice, certificate holder or legal entity 13
registered by the board for a violation of any provision of 14
this chapter regulating plumbers, gas fitters, or medical 15
gas pipe fitters up to two thousand dollars ($2,000) per violation 16
and actual hearing cost. 17
“ (b) In addition to or in lieu of the criminal 18
penalties and administrative sanctions provided in this 19
chapter, the board may issue an order to any person or legal entity 20
engaged in any activity, conduct, or practice constituting a 21
violation of this chapter, directing the person or 22
legal entity to forthwith cease and desist from the activity, 23
22
conduct, practice, or performance of any work then being 1
performed or about to be commenced. 2
“(c) It shall be unlawful for any person or legal entity 3
to violate any provision of this chapter regulating plumbers, gas 4
fitters, or medical gas piping fitters. Any person convicted 5
of such violation shall be punished as prescribed for a Class 6
B A misdemeanor.” 7
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