Section 10- Plumbing Law Flashcards
KRS 318
KRS 318 on Plumbers and Plumbing does not apply to what and who?
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
KRS 318 can’t be construed to prevent employment of?
An apprentice to assist a journeyman plumber in his duties
KRS 318 applies to in full force
In all counties
All persons engaged in the practice of plumbing
License and general liability requirement
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
Qualifications
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
Exams
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.
Reciprocity of license
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
Fees for license
A reasonable fee established by dept
License expiration
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.
Failure to renew license
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
Master plumber deceased rules
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.
Re-examine rules (fail and no show)
Fail-may retake if submit new app and pay app fee
No show-app canceled after one year
The dept may revoke or suspend a license …
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
License can’t be suspended or revoke unless…
Dept has a hearing conducted or opportunity given
Appeals to final suspension order can be appealed to
The Circuit court of the county in which the appellant’s principle office is located
Amendments to code
Must have prior review and comment of Dept of Housing, Building, and Construction Advisory Committee.
Aggrieved by amendment you can..
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
State Plumbers Exam Committee
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)
Plumber examiners/assistant plumber examiners
Serve at pleasure of dept. Delegated duties by State Plumbers Examing Committee. No compensation but reimbursement for travel expenses.
Plumbing inspectors
Dept appts inspectors to each county
Inspector must have 8 years experience as journeyman or master and must be licensed at time of appointment.
Advertising by licensee
Advertise or claim of license must be true
Company or individual connected with licensee may engage..
In plumbing business. Master must take responsible charge and notify dept any time start/stop connection with company or individual.
Employment of unlicensed plumber
Master can’t employ or engage any person not licensed, but this does not mean you can’t employ or use an apprentice
How is the Kentucky State plumbing code amended
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
Permits-No person, firm, corporation shall not what without 1st procuring a plumbing installation permit from dept
construct, install, or alter (or cause to be) any plumbing
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
use or continued use or permitting the use of the plumbing
What must accompany applications for plumbing permits
plans and specifications of proposed plumbing installation, location, and construction of the water supply system to be used.
On permit application, if an onsite disposal system does not have a surface discharge is proposed, what else is needed
A valid, onsite sewage disposal permit issued by the Cabinet for Health and Family Services
Payment for Plumbing permits-schedule of fees
Must be reasonable and created by the dept as well as this price for inspections
All license fees, permit and inspection fees and charges $ shall be paid into …
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
Local government and the Plumbing Code: permissions and requirements
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
No person shall use unsafe or defective ___________ and must use ______ _________methods of installing materials
Material/best known
Unless provided by law or reg, no person shall construct install or extensively alter plumbing without first having obtained ____________________________________.
Approval from the dept in writing
What must be submitted and how to the dept to obtain approval?
Detailed plans and specification showing the plumbing system, sewage disposal, and water supply system/
In triplicate
Must wait on what before doing work and how?
Approval in writing from the dept/must do work according to the plans
No permanent water supply shall be provided to any building by any public utility or water district where….
The interior plumbing system has not been installed and approved in accordance with KRS 318 and the Code
What power and authority do officers, agents, and inspectors of the department have?
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
How are plumbing laws enforced?
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
Who has jurisdiction for enforcement actions?
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
No water heating device shall be sold or offered in KY without
A serial number
Water heating device means
Any pressure vessel which heats, stores, and supplies potable water for domestic or commercial purposes other than for space heating
All (sellers) of water heating devices shall..
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
Penalties for violation of KRS 318, regulation, or Code shall be fined
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.
