Section 10- Plumbing Law

Question 1

KRS 318 on Plumbers and Plumbing does not apply to what and who?

Answer 1

Farmsteads, maintenance men employed or acting, water company employees, water district or sanitation district employees in laying, maintenance, and operation of mains and other appurtenances

Question 2

KRS 318 can’t be construed to prevent employment of?

Answer 2

An apprentice to assist a journeyman plumber in his duties

Question 3

KRS 318 applies to in full force

Answer 3

In all counties
All persons engaged in the practice of plumbing

Question 4

License and general liability requirement

Answer 4

1) Most hold valid master or journeyman plumber license
2) Carry minimum 250,000 general liability (proof before issuance or renewal)
3) submit proof of workers comp and unemployment liability
*insurance carriers must notify dept upon cancellation
4) does NOT apply to an employee of plumbing firm

Question 5

Qualifications

Answer 5

1) 18 yrs old
2) good moral character
3) citizen of US or resident alien authorized to work
4) all other qualification prescribed by admin regs of commissioner

Question 6

Exams

Answer 6

No license without passed dept exam. Time and place fixed by commissioner. Must furnish info required to commissioner and receive due notice of time and place. Dept prepares exam (written and practical) and determine qualification corresponding to master/journeyman carrying on responsibilities authorized. Papers are reserved for one year.

Question 7

Reciprocity of license

Answer 7

Dept may issue license if a state has a statewide plumbing code, and the exam is at least equal to that of KY, and the other state agrees to reciprocate

Question 8

Fees for license

Answer 8

A reasonable fee established by dept

Question 9

License expiration

Answer 9

Last day of the licensee’s birth month. Dept may reduce fee on a pro rate basis for initial licenses less than 12 months. Dept to send notice no later than 30 days prior and fee be reasonable set by dept. Master license should be more.

Question 10

Failure to renew license

Answer 10

Renewal fee, revival fee(5/3 dollar) and show completion of CE. If after 180 days, licensed cancelled but can be reinstated if you pay all delinquent renewal fees plus revival fee of (10/6 dollars). With proper evidence fees can be waived for active duty

Question 11

Master plumber deceased rules

Answer 11

180 calendar days to use license provided company effectuates bonding and insurance policies required and ensures that they remain in effect for the entire 180 days. After that, cancelled and company must have an employee with current valid license.

Question 12

Re-examine rules (fail and no show)

Answer 12

Fail-may retake if submit new app and pay app fee
No show-app canceled after one year

Question 13

The dept may revoke or suspend a license …

Answer 13

Upon proof licensee: knowingly violated KRS 318, the code, or rules and regs of dept, practiced fraud or deception in applying for license, is incompetent to perform services as master/journeyman, permitted license to be used by another to obtain or perform work, is guilty of unprofessional or dishonorable conduct of character likely to deceive or defraud public

Question 14

License can’t be suspended or revoke unless…

Answer 14

Dept has a hearing conducted or opportunity given

Question 15

Appeals to final suspension order can be appealed to

Answer 15

The Circuit court of the county in which the appellant’s principle office is located

Question 16

Amendments to code

Answer 16

Must have prior review and comment of Dept of Housing, Building, and Construction Advisory Committee.

Question 17

Aggrieved by amendment you can..

Answer 17

Within 30 days after action has become final may appeal to the Circuit Court. aggrieved means person directly or indirectly injured or threatened with injury on account of the reg or amendment

Question 18

State Plumbers Exam Committee

Answer 18

Appointed by dept: employee of dept, 3 other persons licensed as master or journeyman, commissioner is ex officio examiner and permanent commissioner of exam committee. Commissioner may delegate to an employee of dept the power of proxy vote and representation at meetings, hearings, or proceedings (excluded revoking/canceling licenses)

Question 19

Plumber examiners/assistant plumber examiners

Answer 19

Serve at pleasure of dept. Delegated duties by State Plumbers Examing Committee. No compensation but reimbursement for travel expenses.

Question 20

Plumbing inspectors

Answer 20

Dept appts inspectors to each county
Inspector must have 8 years experience as journeyman or master and must be licensed at time of appointment.

Question 21

Advertising by licensee

Answer 21

Advertise or claim of license must be true

Question 22

Company or individual connected with licensee may engage..

Answer 22

In plumbing business. Master must take responsible charge and notify dept any time start/stop connection with company or individual.

Question 23

Employment of unlicensed plumber

Answer 23

Master can’t employ or engage any person not licensed, but this does not mean you can’t employ or use an apprentice

Question 24

How is the Kentucky State plumbing code amended

Answer 24

The dept does it
Minimum standard of Basic Principles in National Plumbing Code
Must be reviewed and commented on by HBC Advisory Committee
Then adoption by the dept before in effect

Question 25

Permits-No person, firm, corporation shall not what without 1st procuring a plumbing installation permit from dept

Answer 25

construct, install, or alter (or cause to be) any plumbing

Question 26

Permits- if under a permit a inspector finds the plumbing was not constructed, installed, or altered in accordance with the permit or code what is prohibited

Answer 26

use or continued use or permitting the use of the plumbing

Question 27

What must accompany applications for plumbing permits

Answer 27

plans and specifications of proposed plumbing installation, location, and construction of the water supply system to be used.

Question 28

On permit application, if an onsite disposal system does not have a surface discharge is proposed, what else is needed

Answer 28

A valid, onsite sewage disposal permit issued by the Cabinet for Health and Family Services

Question 29

Payment for Plumbing permits-schedule of fees

Answer 29

Must be reasonable and created by the dept as well as this price for inspections

Question 30

All license fees, permit and inspection fees and charges $ shall be paid into …

Answer 30

The State Treasury and go into a trust fund to by used by the dept in carrying out the provision of this chapter and can’t go back into the general fund of the Commonwealth

Question 31

Local government and the Plumbing Code: permissions and requirements

Answer 31

May: (1) enact the Code, issue own permits with fees, perform inspections with fees, (2) appoint and fix compensation for inspectors (3)collect occupational license fees
Must: (1) provide for concurrent jurisdiction with the dept’s inspectors
(2) employ inspectors with at least 8yrs experience w/ journeyman and master and currently licensed at appt

Question 32

No person shall use unsafe or defective ___________ and must use ______ _________methods of installing materials

Answer 32

Material/best known

Question 33

Unless provided by law or reg, no person shall construct install or extensively alter plumbing without first having obtained ____________________________________.

Answer 33

Approval from the dept in writing

Question 34

What must be submitted and how to the dept to obtain approval?

Answer 34

Detailed plans and specification showing the plumbing system, sewage disposal, and water supply system/
In triplicate

Question 35

Must wait on what before doing work and how?

Answer 35

Approval in writing from the dept/must do work according to the plans

Question 36

No permanent water supply shall be provided to any building by any public utility or water district where….

Answer 36

The interior plumbing system has not been installed and approved in accordance with KRS 318 and the Code

Question 37

What power and authority do officers, agents, and inspectors of the department have?

Answer 37

1) to enter premises at all reasonable times to make inspections, interrogate all persons, and to require production of permits and other evidence
2)to issue a stop order whenever plumbing is found to be in violation of law or code

Question 38

How are plumbing laws enforced?

Answer 38

1) the dept (officers, agents, inspectors) can institute and maintain actions to restrain and enjoin any violation of Law, Code, or rules and regs
2) city, county and state attorneys and the attorney general in respective jurisdictions represent the dept in enforcement of provisions
3) the dept may as employ special attorneys to assist as deemed necessary

Question 39

Who has jurisdiction for enforcement actions?

Answer 39

1) Civil and injunctive actions-Circuit court where violation occurs
2) all criminal actions-the district court where violation occurs or the Attorney General
3) Franklin county court hold concurrent jurisdiction on all cases

Question 40

No water heating device shall be sold or offered in KY without

Answer 40

A serial number

Question 41

Water heating device means

Answer 41

Any pressure vessel which heats, stores, and supplies potable water for domestic or commercial purposes other than for space heating

Question 42

All (sellers) of water heating devices shall..

Answer 42

Within 30 days of date of sale, forward a list of names and addresses of purchases along with the serial numbers of the devices purchases to the dept or appropriate agency of county or city govt having jurisdiction

Question 43

Penalties for violation of KRS 318, regulation, or Code shall be fined

Answer 43

Not less than 10 dollars more more than 100 dollars or imprisoned for not more than 90 days or both for each offense. each day the violation continues shall constitute a separate offense.