Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB421 Introduced / Bill

                    SLS 16RS-340	ORIGINAL
2016 Regular Session
SENATE BILL NO. 421
BY SENATOR THOMPSON 
PLUMBERS.  Provides relative to the licensure of plumbers. (8/1/16)
1	AN ACT
2 To amend and reenact R.S. 37:1361(B) and (E), 1366(A), 1367(A), 1368(A), 1371(A),
3 1373(A), 1377(B), and 1378(A)(3),(6), and (8), and to enact R.S. 37:1366(J) and (K),
4 relative to plumbers; to provide relative to the licensure of plumbers; to create and
5 provide for the qualifications for a new "tradesman plumber" license; to provide
6 relative to the membership and duties of the State Plumbing Board; to provide for
7 definitions; to provide relative to the registration of apprentice plumbers; to provide
8 relative to training programs, requirements, and examinations for plumbers; to
9 provide for fees; to provide for disciplinary actions for violations; and to provide for
10 related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 37:1361(B) and (E), 1366(A), 1367(A), 1368(A), 1371(A), 1373(A),
13 1377(B), and 1378(A)(3),(6), and (8) are hereby amended and reenacted and R.S. 37:1366(J)
14 and (K) are hereby enacted to read as follows:
15 §1361. State Plumbing Board, appointments; qualifications; legislative intent
16	*          *          *
17	B. The State Plumbing Board is created. The board, which shall be appointed
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1 by the governor, shall consist of one registered engineer, one plumbing inspector,
2 three master plumbers, and three journeyman plumbers, and one tradesman
3 plumber. Each appointment shall be made from a list of three names, one of which
4 shall be an individual as defined by R.S. 51:2347(B)(5), for each appointment
5 submitted by the following:
6	(1) The registered engineer and the plumbing inspector by the president of
7 the Louisiana State Board of Health.
8	(2) Master plumbers by the Louisiana Association of Plumbing, Heating and
9 Cooling Contractors of Louisiana or its successors.
10	(3) Journeymen plumbers by the Louisiana Pipe Trades Association or its
11 successor.
12	(4) The tradesman plumber by the executive director of the State
13 Plumbing Board.
14	*          *          *
15	E. Four Five members shall constitute a quorum.
16	*          *          *
17 §1366. Duties of the board
18	A.(1) The board shall adopt tests of qualifications to be possessed by any
19 persons actually engaged in the repair of existing plumbing in one- and
20 two-family dwellings and see that any person engaged in the duties of a
21 tradesman plumber shall possess a tradesman plumber limited license.
22	(2) The board shall adopt tests of qualification to be possessed by any persons
23 actually engaged in plumbing installation or plumbing work of any character; and see
24 that any person engaged in the duties of a journeyman plumber shall possess a
25 journeyman plumber's license.
26	*          *          *
27	(J) Not later than January 1, 2017, the board shall establish and
28 maintain a registry of all apprentice plumbers employed in Louisiana and shall
29 issue a certificate to all registrants.
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1	(K) The board shall assist the Board of Supervisors of Community and
2 Technical Colleges in developing training, program and course requirements
3 that will prepare individuals to meet the qualifications established by the board
4 for a tradesman plumber limited license.
5 §1367. License required, tradesman, journeyman and master plumber; medical gas
6	piping installer; medical gas and vacuum systems verifier; water
7	supply protection specialist endorsement; local examination
8	preempted
9	A.(1) No natural person shall engage in doing the work of a tradesman
10 plumber unless he possesses a tradesman plumber limited license or renewal
11 thereof issued by the board. At the direction of a master plumber, a tradesman
12 plumber may independently repair existing plumbing in one- and two-family
13 dwellings, without the supervision of a journeyman plumber.
14	(2) No natural person shall engage in doing the work of a journeyman
15 plumber unless he possesses a license or renewal thereof issued by the board. A
16 journeyman plumber may engage in the art of plumbing only when he is under the
17 supervision of a master plumber licensed by this board. Notwithstanding any other
18 provision to the contrary, a journeyman plumber may repair existing plumbing
19 independently and without the supervision of a master plumber. Apprentices may
20 engage in the art of plumbing only when they are under the direct constant,
21 on-the-job supervision of a licensed journeyman plumber. Direct, constant on-the-job
22 supervision means that a licensed journeyman plumber will supervise apprentices as
23 governed by the Louisiana Workforce Commission.
24	*          *          *
25 §1368. Issuance of tradesman, journeyman and master plumber's license; medical
26	gas piping and installation license; medical gas and vacuum systems
27	verifier license; water supply protection specialist endorsement;
28	exemption
29	A.(1) The board shall issue a tradesman plumber limited license to any
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1 person who meets the following qualifications:
2	(a) Has a current apprentice registration certificate issued by the board.
3	(b) Has worked at least four thousand hours at the manual labor of
4 plumbing under the direct, constant, on-the-job supervision of a journeyman
5 or master plumber licensed by the board.
6	(c) Has successfully completed any educational requirements established
7 by the board.
8	(d) Passes any written or manual examination required by the board.
9	(e) Pays the fees established by the board.
10	(2) The board shall issue a license to any person who qualifies under the state
11 board's regulations and who desires to engage in doing the work of a journeyman
12 plumber if he passes a written and manual journeyman plumber's examination given
13 by the board and pays the fees established by the board.
14	*          *          *
15 §1371. Fees
16	A. The board may fix and charge reasonable examination, licensing, and
17 renewal fees for tradesman, journeyman and master plumbers, temporary permit
18 fees for journeyman plumbers, restricted license fees for journeyman and master
19 plumbers, and renewal fees for inactive master plumbers. The board may fix and
20 charge reasonable examination, licensing, and renewal fees for persons engaged in
21 the work or business of medical gas piping installation and for persons engaged in
22 the work or business of a medical gas and vacuum system verifier. The board may
23 also fix and charge reasonable examination, licensing, and renewal fees associated
24 with endorsements issued to journeyman or master plumbers relative to the work of
25 a water supply protection specialist. The board may also fix and charge a
26 reasonable registration fee for apprentice plumbers. These fees shall not exceed
27 the amount required to maintain the board and pay the expenses of operating the
28 board and enforcing the provisions of this Chapter.
29	*          *          *
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1 §1373. Injunctions
2	A. The board may enjoin any person from engaging in doing the work of a
3 tradesman plumber, journeyman plumber, master plumber, medical gas piping
4 installer, medical gas and vacuum systems verifier, or water supply protection
5 specialist wherever it appears that a person is violating or is conspiring to violate the
6 provisions of this Chapter. The board may also enjoin an employing entity from
7 violating or conspiring to violate the provisions of this Chapter.
8	*          *          *
9 §1377. Definitions; exceptions
10	*          *          *
11	B.(1) Journeyman plumber. A "journeyman plumber" is a natural person who
12 possesses the necessary qualifications and knowledge to install, alter, and/or repair
13 plumbing systems; is licensed as such by the board; is supervised by a master
14 plumber; and is in the employ of an employing entity.
15	(2) Tradesman plumber. A "tradesman plumber" is a natural person
16 who possesses the necessary qualifications and knowledge to repair existing
17 plumbing systems and is licensed by the board to repair existing plumbing
18 systems in one- and two-family dwellings at the direction of a master plumber,
19 without the supervision of a journeyman plumber.
20	*          *          *
21 §1378.  Revocation of licenses; other disciplinary actions
22	A. The board may, pursuant to the procedures provided in the Administrative
23 Procedure Act, revoke, suspend, or refuse to renew any license or endorsement
24 issued by the board to any natural person. Grounds for revocation, or lesser
25 disciplinary action, include but are not limited to the following:
26	*          *          *
27	(3) The habitual performance of the work of either a tradesman plumber,
28 journeyman plumber or a master plumber which is substantially below the standards
29 established by the Department of Health and Hospitals or any of its agencies or
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1 offices, or the habitual performance of work of a medical gas installer or medical gas
2 and vacuum systems verifier not in compliance with regulations of the state fire
3 marshal or related local governmental codes.
4	*          *          *
5	(6) The habitual practice of a tradesman plumber, journeyman plumber,
6 master plumber, medical gas piping installer, or holder of a water supply protection
7 specialist endorsement to knowingly allow any person not licensed by the board to
8 perform plumbing work, medical gas piping installation, or the work of a water
9 supply protection specialist, except as otherwise authorized by this Chapter.
10	*          *          *
11	(8) The habitual violation by a master plumber, journeyman plumber,
12 tradesman plumber, apprentice plumber, medical gas piping installer, medical gas
13 and vacuum systems verifier, or holder of a water supply protection specialist
14 endorsement of the rules and regulations adopted by the board.
15	*          *          *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
SB 421 Original 2016 Regular Session	Thompson
Present law provides relative to the qualifications, training requirements, and licensure of
plumbers. Further provides for three classifications of plumbers: (1) apprentice plumber; (2)
journeyman plumber; and (3) master plumber.
Proposed law retains present law and creates a new licensure category for plumbers between
the apprentice and journeyman levels - the tradesman plumber limited license - and requires
the State Plumbing Board to adopt tests of qualifications for tradesman plumbers. Further
provides that a tradesman plumber may only repair existing plumbing systems in one- and
two-family dwellings. 
Proposed law defines "tradesman plumber" as a natural person who possesses the necessary
qualifications and knowledge to repair existing plumbing systems and is licensed by the
board to repair existing plumbing systems in one- and two-family dwellings at the direction
of a master plumber, without the supervision of a journeyman plumber.
Proposed law requires the State Plumbing Board, not later than January 1, 2017, to create
and maintain a registry of all apprentice plumbers employed in the state. Further provides
that the board shall issue a certificate to all registrants.
Proposed law provides that the State Plumbing Board shall issue a tradesman plumber
limited license to any person who meets the following qualifications:
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(1)Has a current apprentice registration certificate issued by the board.
(2)Has worked at least four thousand hours at the manual labor of plumbing under the
direct, constant, on-the-job supervision of a journeyman or master plumber licensed
by the board.
(3)Has successfully completed any educational requirements established by the board.
(4)Passes any written or manual examination required by the board.
(5)Pays the fees established by the board.
Proposed law requires the State Plumbing Board to assist the Bd. of Supervisors of
Community and Technical Colleges in developing training, program and course
requirements that will prepare individuals to meet the qualifications established by the board
for a tradesman plumber limited license.
Present law creates the state plumbing board to consist of eight members as follows:
(1)One registered engineer.
(2)One plumbing inspector.
(3)Three master plumbers.
(4)Three journeyman plumbers.
Proposed law retains present law and adds one tradesman plumber to the board's
membership to increase the membership of the board from eight to nine members..
Present law authorizes the plumbing board to fix and charge reasonable examination,
licensing, and renewal fees for journeyman and master plumbers.
Proposed law retains present law and further authorizes the plumbing board to establish such
fees for tradesman plumbers and to establish a reasonable registration fee for apprentice
plumbers.
Effective August 1, 2016.
(Amends R.S. 37:1361(B) and (E), 1366(A), 1367(A), 1368(A), 1371(A), 1373(A), 1377(B),
and 1378(A)(3),(6), and (8); adds R.S. 37:1366(J) and (K))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.