Sec. L-1. 32 MRSA §3301, as amended by PL 1995, c. 502, Pt. H, §31, is further amended to read:
The As used in this chapter, unless the context otherwise indicates, the following words and phrases when used in this chapter shall be construed as follows: terms have the following meanings.
1-A. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation.
1-B. Department. "Department" means the Department of Professional and Financial Regulation.
2. Board. "Board" shall be means the Plumbers' Examining Board appointed under section 3401.
2-A. Journeyman-in-training. A "journeyman-in-training license" "Journeyman-in-training" means that license issued to a person who is in the process of accumulating experience in order to qualify for a journeyman plumber's license, pursuant to section 3501, subsection 2, paragraph B, who has met the education requirements set forth in that paragraph and has achieved a passing grade, as determined by the board, on the journeyman's examination. A licensed journeyman-in-training may a person who is licensed under this chapter to assist in making plumbing installations under the direct supervision of a journeyman plumber or a master plumber, but who may not act as or represent that the person is a journeyman plumber, as defined in subsection 3. A journeyman-in-training license is valid for a single nonrenewable period of 4 years, and may be issued only once to any individual. The fee for a journeyman-in-training license is set by the board and may not exceed $8.
3. Journeyman plumber. "Journeyman plumber" shall mean means any person who customarily performs the work of installing plumbing and drainage under the employment and direction of a master plumber or, not being a master plumber, does plumbing repair work as a regular part time part-time occupation. The biennial fee for a journeyman plumber's license shall not exceed $75.
4. Limited license. "Limited license" shall mean means a limited plumber's license to install and service plumbing work related to a specific type of plumbing equipment or to specific plumbing installations shall be granted to any person who has passed a satisfactory examination before the board. It shall must specify the name of the person who shall be is limited to engage in the occupation of installing and servicing the plumbing work related to the type of equipment or to specific plumbing installations only as authorized by the license. The biennial fee for a limited license shall not exceed $75.
5. Master plumber. "Master plumber" means any person, firm or corporation, qualified under this chapter, engaging in, or about to engage in, the business of installing plumbing or plumbing systems. The license shall must specify the name of the person, firm or corporation to whom the license is issued and in the case of a firm or corporation the license shall must further specify the licensed master plumber in whose name it is issued, pursuant to the requirements of section 3507. The biennial fee for a master plumber's license shall not exceed $150.
5-A. Propane and natural gas installer. A "propane and natural gas installer" means a person carrying a certification of qualification issued by the person's employer pursuant to the training requirements and qualifications required by National Fire Protection Association Code Number 58, subsection 1-6 "Qualification of Personnel," 1992 edition licensed under chapter 130 when installing propane and natural gas utilization equipment, subject to the restrictions of that person's license.
6. Trainee plumber. "Trainee plumber" means any person who is engaged in assisting in making plumbing installations under the direct supervision of a journeyman plumber or master plumber, whether for the purpose of learning the trade or otherwise. The biennial fee for a trainee plumber license shall not exceed $40.
Sec. L-2. 32 MRSA §3302, as amended by PL 1993, c. 9, §2, is further amended to read:
1. License required. A license shall be is required for any person, corporation, partnership or other entity who is engaged in plumbing or working in performing plumbing installations. No license is required for any activity for which a permit is not required under Title 30, section 3223 or its successor. This section shall does not apply to the following:
A. Plumbing by regular employees of public utilities as defined in Title 35-A, section 102, when working as such;
B. Plumbing by oil burner technicians, duly licensed under chapter 33, and propane and natural gas installers, provided licensed under chapter 130, except that this exception only applies to hot and cold water connections to existing piping in the same room where the installation is taking place and does not apply beyond any existing branch connection supplying water; and
C. Plumbing in a dwelling house or place and its appurtenant structures by the owner thereof by a person in a single-family residence occupied or to be occupied by that person as that person's bona fide personal abode provided that installation conforms with board laws and rules.
2. Municipal licenses not required. No A municipality shall may not require plumbers to be municipally licensed nor shall may any municipality issue a permit for any plumbing installation unless satisfied that the person, firm or corporation applying for the permit complies with this chapter.
3. Supervision of trainee plumber. A master or journeyman plumber shall may not have no more than 3 trainee plumbers working with him under his personal under the master or journeyman plumber's direct supervision.
Sec. L-3. 32 MRSA §3402, 2nd ¶, as enacted by PL 1989, c. 483, Pt. A, §51, is amended to read:
Any person ordered by a state plumbing inspector to correct a plumbing deficiency or to vacate a building or structure may, within 7 days, appeal the order to the Plumbers' Examining Board by filing with that board within 48 hours of receipt of the order a written notice of appeal. The board shall review that appeal and issue its written decision within 10 days after receipt of the notice of appeal. If the board upholds the inspector's order, it shall prescribe the time period for the requisite correction specified in its written decision or the time within which that person must vacate the building or structure. The decision must be complied with, unless appealed as provided , which shall within a reasonable time review the order and file its decision on the appeal. The decision of the board must be complied with within the time that is fixed in the decision. If any person, firm or corporation fails or refuses to carry out any such order of any state plumbing inspector or decision of the board, a court may order appropriate relief. Any person ordered by the board to correct a plumbing deficiency or to vacate a building or structure may appeal the order to the Superior Court pursuant to the Maine Rules of Civil Procedure, Rule 80B, by filing a petition for review within 48 hours of receipt of the order. The order by the Plumbers' Examining Board shall may not be stayed unless by order of the Superior Court for good cause.
Sec. L-4. 32 MRSA §3403-A, sub-§4, as enacted by PL 1985, c. 389, §19, is repealed.
Sec. L-5. 32 MRSA §3403-A, sub-§5, as repealed and replaced by PL 1989, c. 878, Pt. B, §28, is repealed.
Sec. L-6. 32 MRSA §3501, as amended by PL 1993, c. 25, §1, is further amended to read:
1. License required. No plumbing installation shall be made, except as provided in this chapter, unless done by a plumber or other person licensed by the board.
1-A. Application; qualifications. The board shall issue a license to any person who files a sworn application, who passes an examination approved by the board and who meets the qualifications set forth in this section.
2. Journeyman or limited license. The board may issue a journeyman plumber or limited plumber license to persons who submit an application therefor on a form prescribed by the board and who provide satisfactory evidence of the following qualifications:
A. A minimum of at least 2 years with 4,000 hours of work in the field of plumbing installations as a licensed trainee plumber under the supervision of a master plumber, or the equivalent thereof, and obtaining a passing grade as deter-mined by the board on the journeyman's examination; or
B. A minimum of 2,000 hours of work in the field of plumbing installations as a journeyman-in-training under the supervision of a licensed master plumber, provided that as long as the work experience is obtained within 4 years of the date upon which the applicant was issued a journeyman-in-training license. A journeyman-in-training license shall must be issued upon sworn application therefor to any person who has satisfactorily completed one academic year of instruction in plumbing at a Maine board-approved technical college and who has obtained a passing grade, as determined by the board on the journeyman's examination. Any person who is enrolled in a course of instruction in plumbing at a Maine vocational-technical institute on July 1, 1983, may be licensed as a journeyman upon successful completion of that course of instruction and passage of the journeyman's examination.
2-A. Master plumber license. The board may issue a master plumber license to a person who submits an application therefor on a form prescribed by the board and who provides satisfactory evidence of the following qualifications:
A. A minimum of at least one year with 2,000 hours of work in the field of plumbing installations as a journeyman plumber or a minimum of at least 4 years with 8,000 hours of work in the field of plumbing installations as a trainee plumber under the supervision of a master plumber, or the equivalent; and
B. Obtaining a passing grade, as determined by the board on the master's examination.
2-B. Journeyman-in-training. The board may issue a journeyman-in-training license to a person who provides satisfactory evidence of completion of a plumbing course consisting of one year or 2 semesters at a board-approved technical college. A journeyman-in-training license is valid for a single nonrenewable period of 4 years and may be issued only once to any individual.
3. Trainee license. The board may issue a trainee plumber license without examination to any person who submits a written application therefor on a form prescribed supplied by the board and who provides satisfactory evidence that he the person has entered the employ of a licensed master plumber to assist him the licensed master plumber as a plumber's trainee. Any person employed as a trainee plumber shall apply for a license within 10 business days after the day he the person commences employment.
4. License certificate. All persons licensed by the board shall must receive a license certificate which that must be publicly displayed at the principal place of business of the plumber or, if no such place of business, shall, if any, and a pocket card license that must be carried on the person and displayed at any time upon request, as long as that person continues in the business as defined.
5. Examinations. Applicants for license shall present to the board a written application for examination and license, containing such information as the board may require, accompanied by a required fee as set forth by board rules. Examinations must be in whole or in part in writing and of a thorough and practical character commensurate with the responsibilities of the prospective license holder.
The board shall establish by rule cutoff dates for applications for examinations.
The passing grade on any examination may not be less than 70%. A candidate failing one examination may apply for reexamination, which may be granted upon payment of a fee established by the board. Any candidate for licensure having an average grade of less than 50% may not apply for reexamination for one year.
Applicants applying for an initial license with a term of one year or less are required to pay only 1/2 of the biennial license fee.
6. Installation of well pumps. A person licensed under this subchapter who performs the initial installation of a pump in a well, as defined in section 4700-E, subsection 8, shall install that pump in compliance with the code of performance adopted by the Maine Water Well Drilling Commission pursuant to section 4700-H, subsection 5. Any person licensed under this subchapter who performs the initial installation of a water well pump in violation of that code of performance commits a civil violation punishable by a fine of not more than $1,000.
Sec. L-7. 32 MRSA §3501-A is enacted to read:
An applicant for a master, journeyman or journeyman-in-training plumbing license shall present to the board a written application for examination, containing information that the board requires, accompanied by the prescribed fee as set forth by board rules. Examinations must be in whole or in part in writing and of a thorough and practical character commensurate with the responsibilities of the prospective license holder.
The passing grade on a master plumbing license examination may not be less than 75%. The passing grade on a journeyman plumbing license examination may not be less than 70%. A candidate failing one examination may apply for reexamination, which may be granted upon payment of a fee established by the board. Any candidate for licensure having an average grade of less than 50% may not apply for reexamination for one year.
Sec. L-8. 32 MRSA §3501-B is enacted to read:
An application fee, an examination fee, original and renewal license fees and plan review fees may be established by the board by rule in amounts that are reasonable and necessary for their respective purposes.
1. Application. The fee for application may not exceed $25.
2. Examination. The fee for examination may not exceed $100.
3. Licensure. The fees for licensure may not exceed the following amounts:
A. Master................ $150;
B. Journeyman............................$75;
C. Journeyman-in-training..........$8;
D. Trainee............................... $40; and
E. Limited............................... $75.
4. Plan review fee. A plan review fee may not exceed $50.
Sec. L-9. 32 MRSA §3504, first ¶, as amended by PL 1983, c. 413, §145, is further amended to read:
All licenses shall expire October 31st of each biennial period as to master plumbers and April 30th of each biennial period as to other licensees and may be renewed thereafter for 2-year periods without further examination, upon the payment of the proper renewal fee as set forth in section 3301. The expiration dates for licenses issued under this chapter may be established expire 2 years from the original date of issue or at such other times time as the Commissioner of Business Regulation commissioner may designate.
Sec. L-10. 32 MRSA §3504, 3rd ¶, as enacted by PL 1983, c. 413, §145, is amended to read:
A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license expiration date shall be is subject to all requirements governing new applications under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made within 2 years from the date of the expiration or other requirements. The board may assess penalties for late renewal that is more than 90 days after the date of expiration. Notwithstanding any other provision of this chapter, the board shall waive examination if a renewal application is made within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who has failed to renew his the person's license because he the person was on active duty in the United States Armed Forces; provided that the waiver of examination shall may not be granted if the person served more than 4 years in the United States Armed Forces, except if he the person is required by some mandatory provision to serve a longer period and he shall submit the person submits satisfactory evidence to the board.
Sec. L-11. 32 MRSA §3504-A is enacted to read:
The board shall issue a license to any person who files a sworn application and who is licensed under the laws of another state or territory of the United States as long as that state or territory has licensing standards and experience requirements at least equivalent to this State's and as long as that state or territory grants similar privileges to persons licensed under this chapter. Reciprocal licenses may not be denied on the basis of current residency.
Sec. L-12. 32 MRSA §3507, as amended by PL 1987, c. 597, §13, is further amended to read:
§3507. Corporations, firms and partnerships
The board may issue a master plumber company license to a corporation, firm or, partnership which submits an application therefor on a form prescribed by the board, limited partnership or limited liability company. Such a license shall may not be issued unless the applicant provides satisfactory evidence that it has a licensed master plumber directly in charge of its plumbing business activities who is an officer or full-time employee, in the case of a corporation, or a partner, member or full-time employee, in the case of a firm or partnership, and the license shall must be issued in the name of that master plumber. A master plumber can may only be affiliated with one corporation. Upon the death or severance from the company of the licensed master plumber in whose name the company licensed is held, the company license shall automatically terminate terminates 30 days from the date of that death or severance, unless the company applies for reissuance of its license in the name of another licensed master plumber who is qualified under this section.
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