Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB421 Chaptered / Bill

                    2016 Regular Session	ENROLLED
SENATE BILL NO. 421
BY SENATOR THOMPSON AND REPRESENTATI VE WILLMOTT 
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
18 by the governor, shall consist of one registered engineer, one plumbing inspector,
19 three master plumbers, and three journeyman plumbers, and one tradesman
20 plumber. Each appointment shall be made from a list of three names, one of which
21 shall be an individual as defined by R.S. 51:2347(B)(5), for each appointment
22 submitted by the following:
23	(1) The registered engineer and the plumbing inspector by the president of
24 the Louisiana State Board of Health.
ACT No.  516
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1	(2) Master plumbers by the Louisiana Association of Plumbing, Heating and
2 Cooling Contractors of Louisiana or its successors.
3	(3) Journeymen plumbers by the Louisiana Pipe Trades Association or its
4 successor.
5	(4) The tradesman plumber by the executive director of the State
6 Plumbing Board of Louisiana.
7	*          *          *
8	E. Four Five members shall constitute a quorum.
9	*          *          *
10 §1366. Duties of the board
11	A.(1) The board shall adopt tests of qualification to be possessed by any
12 persons actually engaged in the repair of existing plumbing in one- and
13 two-family dwellings and see that any person engaged in the duties of a
14 tradesman plumber shall possess a tradesman plumber limited license.
15	(2) The board shall adopt tests of qualification to be possessed by any persons
16 actually engaged in plumbing installation or plumbing work of any character;, and
17 see that any person engaged in the duties of a journeyman plumber shall possess a
18 journeyman plumber's license.
19	*          *          *
20	J. Not later than January 1, 2017, the board shall establish and maintain
21 a registry of all apprentice plumbers employed in Louisiana and shall issue a
22 certificate to all registrants.
23	K. The board shall assist the Board of Supervisors of Community and
24 Technical Colleges in developing training, program, and course requirements
25 that will prepare individuals to meet the qualifications established by the board
26 for a tradesman plumber limited license.
27 §1367. License required, tradesman, journeyman, and master plumber; medical gas
28	piping installer; medical gas and vacuum systems verifier; water
29	supply protection specialist endorsement; local examination
30	preempted
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1	A.(1) No natural person shall engage in doing the work of a tradesman
2 plumber unless he possesses a tradesman plumber limited license or renewal
3 thereof issued by the board. At the direction of a master plumber, a tradesman
4 plumber may independently repair existing plumbing in one- and two-family
5 dwellings, without the supervision of a journeyman plumber.
6	(2) No natural person shall engage in doing the work of a journeyman
7 plumber unless he possesses a license or renewal thereof issued by the board. A
8 journeyman plumber may engage in the art of plumbing only when he is under the
9 supervision of a master plumber licensed by this board. Notwithstanding any other
10 provision to the contrary, a journeyman plumber may repair existing plumbing
11 independently and without the supervision of a master plumber. Apprentices may
12 engage in the art of plumbing only when they are under the direct constant,
13 on-the-job supervision of a licensed journeyman plumber. Direct, constant on-the-job
14 supervision means that a licensed journeyman plumber will supervise apprentices as
15 governed by the Louisiana Workforce Commission.
16	*          *          *
17 §1368. Issuance of tradesman, journeyman, and master plumber's license; medical
18	gas piping and installation license; medical gas and vacuum systems
19	verifier license; water supply protection specialist endorsement;
20	exemption
21	A.(1) The board shall issue a tradesman plumber limited license to any
22 person who meets the following qualifications:
23	(a) Has a current apprentice registration certificate issued by the board.
24	(b) Has worked at least four thousand hours at the manual labor of
25 plumbing under the direct, constant, on-the-job supervision of a journeyman
26 or master plumber licensed by the board.
27	(c) Has successfully completed any educational requirements established
28 by the board.
29	(d) Has passed any written or manual examination required by the
30 board.
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1	(e) Has paid the fees established by the board.
2	(2) The board shall issue a license to any person who qualifies under the state
3 board's regulations and who desires to engage in doing the work of a journeyman
4 plumber if he passes a written and manual journeyman plumber's examination given
5 by the board and pays the fees established by the board.
6	*          *          *
7 §1371. Fees
8	A. The board may fix and charge reasonable examination, licensing, and
9 renewal fees for tradesman, journeyman, and master plumbers, temporary permit
10 fees for journeyman plumbers, restricted license fees for journeyman and master
11 plumbers, and renewal fees for inactive master plumbers. The board may fix and
12 charge reasonable examination, licensing, and renewal fees for persons engaged in
13 the work or business of medical gas piping installation and for persons engaged in
14 the work or business of a medical gas and vacuum system verifier. The board may
15 also fix and charge reasonable examination, licensing, and renewal fees associated
16 with endorsements issued to journeyman or master plumbers relative to the work of
17 a water supply protection specialist. The board may also fix and charge a
18 reasonable registration fee for apprentice plumbers. These fees shall not exceed
19 the amount required to maintain the board and pay the expenses of operating the
20 board and enforcing the provisions of this Chapter.
21	*          *          *
22 §1373. Injunctions
23	A. The board may enjoin any person from engaging in doing the work of a
24 tradesman plumber, journeyman plumber, master plumber, medical gas piping
25 installer, medical gas and vacuum systems verifier, or water supply protection
26 specialist wherever it appears that a person is violating or is conspiring to violate the
27 provisions of this Chapter. The board may also enjoin an employing entity from
28 violating or conspiring to violate the provisions of this Chapter.
29	*          *          *
30 §1377. Definitions; exceptions
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1	*          *          *
2	B.(1) Journeyman plumber. A "journeyman plumber" is a natural person who
3 possesses the necessary qualifications and knowledge to install, alter, and/or or
4 repair plumbing systems; is licensed as such by the board; is supervised by a master
5 plumber; and is in the employ of an employing entity.
6	(2) Tradesman plumber. A "tradesman plumber" is a natural person
7 who possesses the necessary qualifications and knowledge to repair existing
8 plumbing systems and is licensed by the board to repair existing plumbing
9 systems in one- and two-family dwellings at the direction of a master plumber,
10 without the supervision of a journeyman plumber.
11	*          *          *
12 §1378.  Revocation of licenses; other disciplinary actions
13	A. The board may, pursuant to the procedures provided in the Administrative
14 Procedure Act, revoke, suspend, or refuse to renew any license or endorsement
15 issued by the board to any natural person. Grounds for revocation, or lesser
16 disciplinary action, include but are not limited to the following:
17	*          *          *
18	(3) The habitual performance of the work of either a tradesman plumber,
19 journeyman plumber, or a master plumber which is substantially below the standards
20 established by the Department of Health and Hospitals or any of its agencies or
21 offices, or the habitual performance of work of a medical gas installer or medical gas
22 and vacuum systems verifier not in compliance with regulations of the state fire
23 marshal or related local governmental codes.
24	*          *          *
25	(6) The habitual practice of a tradesman plumber, journeyman plumber,
26 master plumber, medical gas piping installer, or holder of a water supply protection
27 specialist endorsement to knowingly allow any person not licensed by the board to
28 perform plumbing work, medical gas piping installation, or the work of a water
29 supply protection specialist, except as otherwise authorized by this Chapter.
30	*          *          *
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1	(8) The habitual violation by a master plumber, journeyman plumber,
2 tradesman plumber, apprentice plumber, medical gas piping installer, medical gas
3 and vacuum systems verifier, or holder of a water supply protection specialist
4 endorsement of the rules and regulations adopted by the board.
5	*          *          *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:                          
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