Louisiana 2010 Regular Session

Louisiana House Bill HB1099 Latest Draft

Bill / Introduced Version

                            HLS 10RS-850	ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1099
BY REPRESENTATIVE PONTI
PLUMBERS:  Creates a residential plumbing license
AN ACT1
To amend and reenact R.S. 37:1366, 1371(A) and (B)(1)(introductory paragraph), 1373(A),2
1376(A), (B)(introductory paragraph), (2), and (3), and 1378(A)(3), (6), and (8) and3
to enact R.S. 37:1367(I), 1368(J), 1371(B)(1)(n) through (s), and 1377(I), relative4
to plumbers; to provide for a residential plumber's license; to require a license to do5
the work of a residential plumber; to authorize a journeyman or master plumber to6
perform residential plumbing without a residential plumbing license until April 30,7
2011; to provide for the issuance of a residential plumbing license; to establish fees8
for licensure; to provide for injunctions; to provide for exceptions; to provide for9
definitions; to provide for disciplinary actions; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 37:1366, 1371(A) and (B)(1)(introductory paragraph), 1373(A),12
1376(A), (B)(introductory paragraph), (2), and (3), and 1378(A)(3), (6), and (8) are hereby13
amended and reenacted and R.S. 37:1367(I), 1368(J), 1371(B)(1)(n) through (s), and 1377(I)14
are hereby enacted to read as follows: 15
§1366.  Duties of the board16
A.(1) The board shall adopt tests of qualification to be possessed by any17
persons actually engaged in residential plumbing work and see that any person18
engaged in the duties of a residential plumber shall possess a residential plumber's19
license.20
(2) Any person holding a journeyman or master plumber's license who21
engages in residential plumbing work shall be required to obtain a residential22 HLS 10RS-850	ORIGINAL
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plumber's license.  Any person holding a journeyman or master plumber's license,1
as of January 1, 2010, shall be authorized to engage in residential plumbing work2
without a residential plumber's license until April 30, 2011.3
B. The board shall adopt tests of qualification to be possessed by any persons4
actually engaged in plumbing installation or plumbing work of any character; and see5
that any person engaged in the duties of a journeyman plumber shall possess a6
journeyman plumber's license.7
B. C. The board shall adopt tests of qualification to be possessed by any8
persons actually engaged in the art and business of a master plumber, and shall9
require any person engaged in the duties of a master plumber to possess a master10
plumber's license.11
C. D. The board shall recognize the system of qualification or registration12
of apprentices as administered by joint and nonjoint apprenticeship committees13
approved by the state of Louisiana.  However, the board may accept an affidavit14
from an individual certifying his work experience in the field of plumbing, and such15
individual may be certified as a journeyman plumber provided he passes the written16
examination and pays the fees established by the board under R.S. 37:1368(B).17
D. E. The board shall have the power to make such reasonable regulations18
as it may deem desirable in the performance of its functions and enforcement of the19
provisions of this Chapter.20
E. F. The board shall meet at a minimum annually during the month of21
August at the time and place designated by the president of the board and the22
members and the advisory committee shall be so notified.23
F. G. No special meeting shall be called without notifying each board24
member and each member of the advisory committee in writing ten days in advance.25
G. H. The board shall adopt tests of qualifications to be possessed by any26
person engaged in the work of installing piping used solely to transport gases for27
medical purposes and require any such person engaged in such work to possess a28
license issued by the board.29 HLS 10RS-850	ORIGINAL
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H. I. The board shall adopt tests of qualifications to be possessed by1
journeyman or master plumbers, licensed by the board, who seek an endorsement to2
their journeyman or master plumber license authorizing them to engage in the work3
or business of water supply protection specialists.4
I. J. The board may establish and determine by rule minimum requirements5
relative to continuing professional development for the renewal or reinstatement of6
any license or special endorsement issued by the board.7
§1367. License required, residential, journeyman , and master plumber; medical gas8
piping installer; medical gas and vacuum systems verifier; water supply9
protection specialist endorsement; local examination preempted10
*          *          *11
I. No natural person shall engage in doing the work of a residential plumber12
unless he possesses a license or renewal thereof issued by the board.13
§1368. Issuance of residential, journeyman , and master plumber's license; medical14
gas piping and installation license; medical gas and vacuum systems verifier15
license; water supply protection specialist endorsement; exemption16
*          *          *17
J. The board shall issue a license to any natural person who has at least five18
thousand hours of experience as a residential plumber and who desires to engage in19
doing the work of a residential plumber if he passes a written examination given by20
the board for this purpose and pays the fees established by the board.  The board21
shall not adopt or promulgate any other experience or testing requirement for the22
residential plumber's license. 23
*          *          *24
§1371.  Fees25
A. The board may fix and charge reasonable examination, licensing, and26
renewal fees for residential, journeyman , and master plumbers, temporary permit27
fees for journeyman plumbers, restricted license fees for journeyman and master28
plumbers, and renewal fees for inactive master plumbers. The board may fix and29 HLS 10RS-850	ORIGINAL
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charge reasonable examination, licensing, and renewal fees for persons engaged in1
the work or business of medical gas piping installation and for persons engaged in2
the work or business of a medical gas and vacuum system verifier.  The board may3
also fix and charge reasonable examination, licensing, and renewal fees associated4
with endorsements issued to journeyman or master plumbers relative to the work of5
a water supply protection specialist. These fees shall not exceed the amount required6
to maintain the board and pay the expenses of operating the board and enforcing the7
provisions of this Chapter.8
B.(1)  Effective January 1, 2000, the The board may increase fees and9
charges in accordance with the following schedule:10
*          *          *11
(n)  Residential plumber examination	$75.0012
(o)  Initial residential plumber license fee,13
payable upon successful completion of 14
examination	$45.0015
(p)  Residential plumber renewal fee	$45.0016
(q)  Residential plumber revival fee	$25.0017
(r)  Residential plumber revival fee paid18
after March 31	$30.0019
(s)  Residential plumber administrative charge20
for processing application	$40.0021
*          *          *22
§1373.  Injunctions23
A. The board may enjoin any person from engaging in doing the work of a24
residential plumber, journeyman plumber, master plumber, medical gas piping25
installer, medical gas and vacuum systems verifier, or water supply protection26
specialist wherever it appears that a person is violating or is conspiring to violate the27 HLS 10RS-850	ORIGINAL
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provisions of this Chapter. The board may also enjoin an employing entity from1
violating or conspiring to violate the provisions of this Chapter.2
*          *          *3
§1376.  Exceptions 4
A. Any residential plumber or journeyman who has not been licensed and5
does his work in a place not previously under the jurisdiction of the Louisiana State6
Plumbing Board shall, upon payment of the regular examination fee, be issued a7
permit to continue the art of plumbing, limited to the area in which he has been8
previously doing plumbing work.  9
B.  When an area, not previously covered by this Act Chapter, comes under10
the jurisdiction of the board, the board will take the following steps to license the11
residential plumbers and journeymen who do work in that area:  12
*          *          *13
(2) Any applicant who has practiced the art of plumbing in this area for the14
past five years and who is unable to meet the requirements for a residential plumber15
or journeyman license may upon payment of the required fee be issued a permit good16
until the next examination by the board which will permit him to continue practicing17
the art of plumbing, but shall limit his practice to the place in which he has been so18
licensed. This individual will be required to take each examination given by the19
board thereafter until he is able to qualify under the board's regulations.  20
(3) Any person who has taken four residential plumbers' or journeymen21
plumbers' examinations and still fails to qualify may be issued a qualified license to22
continue practicing the art of plumbing in the place in which he was issued23
temporary permits.  24
§1377.  Definitions; exceptions25
*          *          *26
I. Residential plumber.  A "residential plumber" is a natural person who27
possesses the necessary qualifications and knowledge to install, alter, and repair28 HLS 10RS-850	ORIGINAL
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plumbing systems, including septic tank systems and nonmedical gas piping, used1
in one- and two-family dwellings.2
§1378.  Revocation of licenses; other disciplinary actions3
A. The board may, pursuant to the procedures provided in the Administrative4
Procedure Act, revoke, suspend, or refuse to renew any license or endorsement5
issued by the board to any natural person. Grounds for revocation, or lesser6
disciplinary action, include but are not limited to the following:7
*          *          *8
(3) The habitual performance of the work of either a residential plumber,9
journeyman plumber, or a master plumber which is substantially below the standards10
established by the Department of Health and Hospitals or any of its agencies or11
offices, or the habitual performance of work of a medical gas installer or medical gas12
and vacuum systems verifier not in compliance with regulations of the state fire13
marshal or related local governmental codes.14
*          *          *15
(6) The habitual practice of a residential plumber, journeyman plumber,16
master plumber, medical gas piping installer, or holder of a water supply protection17
specialist endorsement to knowingly allow any person not licensed by the board to18
perform plumbing work, medical gas piping installation, or the work of a water19
supply protection specialist, except as otherwise authorized by this Chapter.20
*          *          *21
(8) The habitual violation by a 	residential plumber, master plumber,22
journeyman plumber, apprentice plumber, medical gas piping installer, medical gas23
and vacuum systems verifier, or holder of a water supply protection specialist24
endorsement of the rules and regulations adopted by the board.25
*          *          *26 HLS 10RS-850	ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Ponti	HB No. 1099
Abstract: Establishes a residential plumber's license for plumbers performing plumbing
work in one- and two-family dwellings.
Present law provides that the State Plumbing Board shall adopt tests for qualifications for
persons engaged in plumbing installation or plumbing work.
Proposed law requires any person engaged in the duties of a residential plumber to possess
a residential plumber's license.
Proposed law prohibits a natural person from engaging in the work of a residential plumber
unless that person possesses a license issued by the State Plumbing Board.
Proposed law requires any person holding a journeyman or master plumber's license who
engages in residential plumbing work obtain a residential plumber's license.  
Proposed law authorizes a person holding a journeyman or master plumber's license, as of
Jan. 1, 2010, to engage in residential plumbing work without a residential plumber's license
until April 30, 2011.
Proposed law requires the State Plumbing Board to issue a license to any natural person who
has at least 5,000 hours of experience as a residential plumber and who desires to engage in
doing the work of a residential plumber if that person passes a written examination given by
the board for this purpose and pays the fees established by the board. 
Proposed law prohibits the board from adopting or promulgating any other experience or
testing requirement for the residential plumber's license. 
Present law authorizes the board to fix fees for exams, licensing and licensing renewal for
plumbers.
Proposed law provides that the plumbing board may fix and charge reasonable examination,
licensing, and renewal fees for residential plumbers.
Proposed law provides that the plumbing board may increase fees and charges in accordance
with the following schedule:
(1)Residential plumber examination	$75.00
(2)Initial residential plumber license fee,
payable upon successful completion of 
examination	$45.00
(3)Residential plumber renewal fee	$45.00
(4)Residential plumber revival fee	$25.00
(5)Residential plumber revival fee paid
after March 31	$30.00 HLS 10RS-850	ORIGINAL
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(6)Residential plumber administrative charge
for processing application	$40.00
Present law authorizes the board to enjoin any person engaged in plumbing work in violation
of present law.
Proposed law authorizes the plumbing board to enjoin any person from engaging in doing
the work of a residential plumber wherever it appears that a person is violating or is
conspiring to violate the provisions of present law.  
Present law provides that any journeyman who has not been licensed and does work in a
place not previously under the board's jurisdiction shall be permitted to do so with the
payment of a fee.
Proposed law provides that any residential plumber who has not been licensed and does
work in a place not previously under the jurisdiction of the plumbing board shall, upon
payment of the regular examination fee, be issued a permit to continue the art of plumbing,
limited to the area in which he has been previously doing plumbing work.  
Present law provides that any applicant who has practiced the art of plumbing for five years
and unable to attain a journeyman license shall pay a permit fee and practice in an
acclimated area.
Proposed law provides that any applicant who has practiced the art of plumbing an area not
previously under the jurisdiction of the plumbing board  for the past five years and who is
unable to meet the requirements for a residential plumber license may, upon payment of the
required fee, be issued a permit good until the next examination by the board which will
permit him to continue practicing the art of plumbing, but shall limit his practice to the place
in which he has been so licensed.  Requires this individual to take each examination given
by the board thereafter until he is able to qualify under the board's regulations.  
Present law provides that any person who has take four journeyma n exams and fails to
qualify for a license may be issued a qualified license.
Proposed law authorizes any person who has taken four residential plumbers' examinations
and still fails to qualify to be issued a qualified license to continue practicing the art of
plumbing in the place in which he was issued temporary permits.  
Proposed law defines a residential plumber as a natural person who possesses the necessary
qualifications and knowledge to install, alter, and repair plumbing systems, including septic
tank systems and non-medical gas piping, used in one- and two-family dwellings, which
shall not extend more than two stories above ground.
Present law authorizes the board to refuse to license or take disciplinary action against a
journeyman or master plumber for certain enumerated reasons.
Proposed law authorizes the plumbing board to revoke, suspend, or refuse to renew the
residential plumber license issued by the board to any natural person whose habitual
performance is substantially below the standards established by the Dept. of Health and
Hospitals or any of its agencies or offices.
Proposed law authorizes the plumbing board to revoke, suspend, or refuse to renew the
residential plumber license issued by the board to any natural person who knowingly allows
any person not licensed by the board to perform plumbing work, medical gas piping
installation, or the work of a water supply protection specialist. HLS 10RS-850	ORIGINAL
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Proposed law authorizes the plumbing board to revoke, suspend, or refuse to renew the
residential plumber license issued by the board to any natural person who habitually violates
the rules and regulations adopted by the board.
(Amends R.S. 37:1366, 1371(A) and (B)(1)(intro. para.), 1373(A), 1376(A), (B)(intro.
para.), (2), and (3), and 1378(A)(3), (6), and (8); Adds R.S. 37:1367(I), 1368(J),
1371(B)(1)(n)-(s), and 1377(I))