Plumber licensing.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0578

SENATE FILE
NO.
SF0154

Plumber licensing.

Sponsored by:
Senator(s) Hastert and Representative(s) Barbuto and Blake

A BILL

for

AN ACT relating to professions and occupations; providing for the licensing of plumbers; providing definitions; creating a board of plumber examiners; providing duties and powers of the board; establishing licensing procedures and criteria; providing for fees; providing for examinations and continuing education; providing for exemptions as specified; providing for revocation or suspension of licenses; granting rulemaking authority; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 33
‑
47
‑
101 through 33
‑
47
‑
1
23
are created to read:

CHAPTER 47
PLUMBERS LICENSING ACT

33
‑
47
‑
101.

Short title.

This act shall be known and may be cited as the "Plumbers Licensing Act."

33
‑
47
‑
102.

Definitions.

(a)

As used in this chapter:

(
i
)

"Board" means the board of plumb
er
examiners
;

(
ii
)

"Gas piping" means any arrangement of piping used to convey fuel gas, supplied by one

meter, and each arrangement of gas piping serving a building, structure
or
premises, whether individually metered or not. "Gas piping" or "gas piping system" does not include the installation of gas appliances where existing service connections are already installed, nor does
the
term include the installations, alterations or maintenance of gas utilities

owned by a public utility
;

(
iii
)

"Journeyman plumber" means any person other than a master plumber, residential plumber or plumber's apprentice who engages in or works at the actual installation, alteration, repair
and
renovation of plumbing in accordance with the standards, rules
and
regulations
established by the board
;

(
iv
)

"Master plumber" means a person who

has the necessary qualifications, training, experience
and
technical knowledge to properly plan, lay out
and
install and repair plumbing apparatus and equipment
,
including the supervision of
the planning, out, installation and repair,
in accordance with the standards, rules
and
regulations established by the board
;

(
v
)

"Plumbing" includes the following items located within the building or extending five feet from the building foundation, excluding any service line extending from the first joint to the property line:

(A)

All potable water supply and distribution pipes and piping;

(B)

A
ll plumbing fixtures and traps;

(C)

A
ll drainage and vent pipes;

(D)

A
ll building drains, including their respective joints and connections, devices, receptacles
and
appurtenances;

(E)

A
ll multipurpose residential fire sprinkler systems in one and two

family dwellings and townhouses that are part of the potable water supply; and

(F)

A
ll medical gas and vacuum systems in health care facilities.

(
vi
)

"Plumbing apprentice" means any person other than a master, journeyman
or
residential plumber who, as his principal occupation, is engaged in learning and assisting in the installation
of plumbing
;

(
vii
)

"Plumbing contractor" means any person who undertakes

or offers to undertake for another the planning, laying out, supervising, installing
or
making of additions,

alterations
and
repairs in the installation of plumbing. In order to act as a plumbing contractor, the person
shall
either be or emp
loy full-time a master plumber
;

(
viii
)

"Potable water" means water which is safe for drinking, culinary
and
domestic purposes and which meets the requirements of the department of health
;

(
i
x
)

"Residential plumber" means any person other than a master or journeyman plumber or plumbing apprentice who has the necessary qualifications, training, experience
and
technical knowledge, as specified by the board, to install plumbing and equipment in one, two, three
and
four

family dwellings which
do
not extend more than two stories above

ground.

33
‑
47
‑
103
.

B
oard of plumb
er
examiners.

(
a
)

T
here is hereby established the
board of plumber
examiner
s
,
to consist of the following members
appointed by the governor
:

(i)

A
journeyman plumber
;

(ii)

A
master plumber
;

(iii)

T
wo
(2) persons
engaged in the construction of residential or commercial buildings as plumbing contractors
;

(iv)

A person
engaged in the construction of residential or commercial buildings as a general contractor
;

(v)

A
member or employee of a local government conducting plumbing inspections
;

(vi)

A person
appointed from the public at large
;

(vii)

A representative of the department of health shall serve as an ex officio nonvoting member.

(
b
)

A majority of the board shall constitute a quorum for the transaction of all business.

(
c
)

The members appointed by the governor shall serve for a term of four (4) years, except three (3) of the initial appointments shall be for a term of two (2) years. Each member shall hold office until his successor is appointed and has been qualified. The governor may remove any member of the board as provided by W.S. 9
‑
1
‑
202. A vacancy occurring in the board by death, resignation or otherwise, shall be filled by appointment by the governor upon recommendation of the remaining board members for the unexpired term.

33
‑
47
‑
104
.

Powers of board
;
fees
;
rules.

(
a
)

T
he board is authorized and empowered to:

(
i
)

Elect its own officers and prescribe their duties;

(
ii
)

Conduct examinatio
ns as required by this
act
;

(
iii
)

Grant the licenses of duly qualified applicants for residential plumbers, journeymen plumbers
and
master plumbers as provided in this
act
;

(
iv
)

Establish fees for the issuance
or renewal
of
a license under this act
;

(
v
)

Promulgate rules as may be necessary for the orderly conduct of its affairs and for the administration of this
act
;

(
vi
)

P
rescribe rules and regulations governing the plumbing, drainage, sewerage
and
plumbing ventilation
of all buildings in this state;

(
vii
)

Conduct hearings in accordance with the provisions of
the Wyoming Administrative Procedure Act;

(
viii
)

Cause the enjoinder, in any court of competent jurisdiction, of all persons violating this
act
;

33
‑
47
‑
10
5
.

Exceptions
.

(a)

The provisions of this act shall not apply to
:

(
i
)

The installation, extension, alteration
or
maintenance, including the related water piping and the indirect waste piping therefrom, of domestic appliances equipped with backflow preventers, including lawn sprinkling systems, residential ice makers, humidifiers, electrostatic filter washers, water heating appliances, water conditioning appliances not directly connected to the sanitary sewer system, building heating appliances and systems, fire protection systems except for multipurpose residential fire sprinkler systems in one and two

family dwellings and townhouses that are part of the potable water supply, air conditioning installations, process and industrial equipment and piping systems
or
indirect drainage systems not a part

of a sanitary sewer system;

(
ii
)

The repair and replacement of garbage disposal units and dishwashers directly connected to the sanitary sewer system, including the necessary replacement of all tail pipes and traps
or
the repair, maintenance
and
replacement of sinks, faucets, drains, showers, tubs
and
toilets
;

(
iii
)

Installations, extensions, improvements, remodeling, additions
and
alterations in water and sewer systems owned or acquired by counties, cities
,
towns
or
water and sanitation districts;

(
iv
)

Installations, extensions, improvements, remodeling, additions
and
alterations performed by contractors employed by counties, cities, towns
or
water and sewer districts which connect to the plumbing sy
stem within a property line;

(
v
)

Performance, location, construction, alteration, installation
and
use of individual sewage disposal systems which are located within a property line.

33
‑
47
‑
10
6
.

Required
license
;
control and supervision.

(
a
)

No person shall engage in or work at the business, trade
or
calling of a residential, journeyman
or
master plumber in this state until
the person
has received a license
or
a temporary permit
pursuant to this act
.

(
b
)

All plumbing apprentices working for plumbing contractors pursuant to this
act
and all apprentices working under the supervision of any licensed plumber shall, within thirty
(30)
days after the date of

initial employment, be registered with the board.

The employer of a plumbing apprentice shall be responsible for
the
apprentice's registration with the board.

No apprentice shall be registered until payment of a registration or registration renewal fee, as determined by the board, has been made.

(
c
)

No person shall operate as a plumbing contractor until
the
contractor has obtained registration from the board. The board shall register a plumbing contractor upon payment of the fee as provided in
W.S. 33
‑
47
‑
104 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state. In order to act as a plumbing contractor, the person must either be
or
employ full-time, a master plumber, who shall be in charge of the supervision of all plumbing work performed by
the
contractor. A master plumber shall be responsible for no more than one
(1)
plumbing contractor at a time. The master plumber shall be required to notify the board within fifteen days after his or her termination as a master plumber for that plumbing contractor. The master plumber is responsible for all plumbing work performed by the plumbing contractor. Failure to comply with a notification may lead to suspension or revocation of the master plumber license as provided in
W.S. 33
‑
47
‑
111
.

33
‑
47
‑
10
7
.

Unauthorized use of title of plumber.

No person shall advertise in any manner or use

the title or designation of master plumber, journeyman plumber
, plumbing contractor
or
residential plumber unless
the person
is qualified and licensed under this
act
.

33
‑
47
‑
1
08
.

License issuance
;
examination.

(a)

The board shall issue licenses to persons who have by examination and experience shown themselves competent and

qualified to engage in the business, trade
or
calling of a residential plumber, journeyman plumber
or

master plumber. The board shall establish the minimum level of experience required for an applicant to receive a residential, journeyman
or
master plumber's license. The maximum experience the board may require for an applicant to qualify to receive a residential plumber's license is two
(2)
years or three thousand four hundred
(3,400)
hours of practical experience. The maximum experience the board may require for an applicant to qualify to receive a journeyman plumber's license is four
(4)
years or six thousand eight hundred
(6,800)
hours of practical experience. An applicant for a master plumber's license shall furnish evidence that
the person
has five
(5)
years of practical experience.

(b)

Any applicant for
a
license
under this act
shall be permitted to substitute for required practical experience evidence of academic training in the plumbing field, which shall be credited as follows:

(
i
)

If
the person
is a graduate of a community college or trade school plumbing program approved by the board,
the person
shall receive one
(1)

year of work experience credit;

(
ii
)

If
the person
has academic training, including military training, in the plumbing field which is not
sufficient to qualify under
paragraph (
i
) of this
subsection
, the board shall provide work experience credit for
the
training according to a uniform ratio established by rule and regulation.

(c)

No license shall be issued until the applicant has paid a license fee set by the board pursuant to
this act
.

(
d
)

An applicant for a license under this
act
shall file an application on forms prepared and furnished by the board, together with

the examination fee. The time and place of examination shall be designated in advance by the board, and examinations shall be held at least four
(4)
times each calendar year and at
the
other times as, in the opinion of the board, the number of applicants warrants.
The application and examination may be internet based to the extent practicable.

(
e
)

The contents of the examinations provided for in this section shall be determined by the board. The examination shall be administered by

the board pursuant to rules prescribed by the board. Each examination shall be designed and given in
the
a manner as to fairly test the applicant's knowledge of plumbing and rules and regulations governing plumbing. Examinations may include written tests and applied tests of the practices which the license will qualify the applicant to perform and
the
related studies or subjects as the board may determine are necessary for the proper and efficient performance of
the
practices.
The
examinations shall be consistent with current

practical and theoretical requirements of the practice of plumbing and shall be reviewed,

revised
and
updated on an annual basis by the board. The board shall ensure that the examination passing grade reflects a minimum level of competency.

33
‑
47
‑
1
09
.

Credit for experience not subject to supervision of a licensed plumber.

For all applicants seeking work experience credit toward licensure, the board shall give credit for plumbing work that is not required to be performed by or under the supervision of a licensed plumber if the applicant can show that the particular experience received or the supervision under which the work has been performed is adequate. Work experience credit awarded under this section shall not exceed one-half
(1/2)
of the applicable experience requirement for a license issued under this
act
.

33
‑
47
‑
11
0
.

License renewal
;
reinstatement.

Any license that has lapsed shall be deemed to have expired. Prior to reinstatement, the board is authorized to require the licensee to demonstrate competency. Licenses shall be renewed or reinstated pursuant to a schedule established by the
board
. The
board
may establish renewal fees and delinquency fees

for reinstatement. If a person fails to renew his or her license pursuant to the schedule established by the
board
,
the
license shall expire. Any person whose license has expired shall be subject to the penalties provided in this
act
.

33
‑
47
‑
11
1
.

Disciplinary action by board
;
licenses or registrations denied, suspended
or
revoked
;
cease-and-desist orders.

(
a
)

The board may deny, suspend, revoke
or
refuse to renew any license or registration issued or applied for under the provisions of this
act
or place a licensee or a registrant on probation for any of the following reasons:

(
i
)

Violation of any of the provisions of this
act
;

(
ii
)

Violation of the rules and regulations or orders promulgated by the board in conformity with the provisions of this
act
or aiding or abetting in
the
violation;

(
iii
)

Failure or refusal to remove within a reasonable time the cause for disapproval of any plumbing installation as reported on the notice

of disapproval, but
the
reasonable time shall include time for appeal to and a hearing before the board;

(
iv
)

Any cause for which the issuance of the license could have been refused had it then existed and been known to the board;

(
v
)

Commitment of any act or omission that does not meet generally accepted standards of plumbing practice;

(
vi
)

Conviction of
or acceptance of a plea of guilty or nolo contendere to
any felony or conviction of any crime or offense that reflects the inability of the
person
to practice
a profession licensed under this act
with due regard for the health and safety of
the public
. A copy of the conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction;

(
vii
)

Advertising by any licensee or registrant which is false or misleading;

(
viii
)

Deception, misrepresentation
or
fraud in obtaining or attempting to obtain a license;

(
ix
)

Failure of any licensee to adequately supervise an apprentice who is working at the trade
pursuant to
W.S. 33
‑
47
‑
123
;

(
x
)

Failure of any licensee to report to the board:

(A
)

Known violations of this
act
;

(
B
)

Civil judgments and settlements which arose from
the
licensee's work performance
.

(
xi
)

Employment of any person required by this
act
to be licensed or to obtain a permit who has not obtained
the
license or permit;

(
xii
)

Habitual intemperance with

respect to or excessive use of any habit-forming drug, any controlled substance
or
any alcoholic beverage;

(
xiii
)

Any use of a schedule I controlled substance, as defined in
W.S. 35
‑
7
‑
1013 and 35
‑
7
‑
1014
;

(
xiv
)

Disciplinary action against a plumber's license in another jurisdiction. Evidence of
the
disciplinary action shall be prima facie evidence

for denial of licensure or other disciplinary action if the violation would be grounds for
the
disciplinary action in this state
;

(
xv
)

Practicing as a residential, journeyman
or
master plumber during a period when the person's license has been suspended or revoked;

(
xvi
)

Selling or fraudulently obtaining or furnishing a license to practice as a residential, journeyman
or
master plumber or aiding or abetting in
the
activity;

(
xvii
)

In connection with a construction or building project requiring the services of a person regulated by this
act
, willfully disregarding or violating:

(
A
)

Any building or construction law of this state or any of its political subdivisions;

(
B
)

Any safety or labor law;

(
C
)

Any health law;

(
D
)

Any workers' compensation insurance law;

(
E
)

Any state or federal law governing withholdings from employee income, including, but not limited to, income taxes, unemployment taxes
or
social security taxes; or

(
F)

Any reporting, notification
or
filing law of this state or the federal government.

(
b
)

When a complaint or investigation discloses an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit, a letter of admonition may be issued and sent, by certified mail, to the licensee.

(
c
)

When a letter of admonition is sent by the board, by certified mail, to a licensee,
the
licensee shall be advised that
t
he
person
has the right to request in writing, within twenty days

after receipt of the letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based.

(
d
)

If the request for adjudication is timely made, the letter of admonition shall be deemed vacated and the matter shall be processed by means of formal disciplinary proceedings.

(
e
)

When a complaint or investigation discloses an instance of conduct that does not warrant formal action by the board and, in the

opinion of the board, the complaint should be dismissed, but the board has noticed indications

of possible errant conduct by the licensee or registrant that could lead to serious consequences if not corrected, a confidential letter of concern may be issued and sent to the licensee or registrant.

(
f
)

Any disciplinary action taken by the board and judicial review of
the
action shall be in accordance with the provisions of
the Wyoming Administrative Procedure Act
.

(
g
)

When a complaint or an investigation discloses an instance of misconduct that, in the opinion of the board, warrants formal action, the complaint shall not be resolved by a deferred settlement, action, judgment
or
prosecution.

(
h
)

If it appears to the board, based upon

credible evidence as presented in a written complaint by any person, that a licensee or registrant is acting in a manner

that is an imminent threat to the health and safety of the public
or
a person is

acting or has acted without the required license or registration, the board may issue an order to cease and desist
the
activity. The order shall set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation
and
the requirement that all unlawful acts or unlicensed or unregistered practices immediately cease.

(
j
)

Within ten
(10)
days after service of the order to cease and desist pursuant to
subsection (h)
of this section, the respondent may request a hearing on the

question of whether acts or practices in violation of this
act
have occurred.

(
k
)

If it appears to the board, based upon

credible evidence as presented in a written complaint by any person, that a person has violated any other portion of this
act
, then, in addition to any specific powers granted pursuant to this
act
, the board may issue to
the
person an order to show cause as to why the board should not issue a final order directing
the
person to cease and desist from the unlawful act or unlicensed or unregistered practice.

(
m
)

A person against whom an order to show cause has been issued pursuant to subsection
(k) of this section
shall be promptly notified by the board of the issuance of the order, along with a copy of the order, the factual and legal basis for the order
and
the date set by the board for a hearing on the order.
The
notice may be served by personal service, by first-class
United States
mail, postage prepaid
or
as may be practicable upon any person against whom
the
order is issued. Personal service or mailing of an order or document

pursuant to this subsection
shall constitute notice thereof to the person.

(
n
)

The hearing on an order to show cause shall be commenced no sooner than ten
(10)
and no later than forty-five
(45)
calendar days after the date of transmission or service of the notification by the board as provided in
subsection
(
m
) of this section. The hearing may be continued by agreement of all parties based upon the complexity of the matter, number of parties to the matter
and
legal issues presented in the matter, but in no event shall the hearing commence later than sixty calendar days after the date of transmission or service of the notification.

(
o
)

If a person against whom an order to show cause has been issued pursuant to
subsection
(
k
) of this section does not appear at the hearing, the board may present evidence that notification was properly sent or served upon
the
person pursuant to
subsection
(
m
) of this section and
the
other evidence related to the matter as the board deems appropriate. The board shall issue the order within ten
(10)
days after the board's determination related to reasonable attempts to notify the respondent
and
the order shall become final as to that person by operation

of law.

(
p
)

If the board reasonably finds that the person against whom the order to show cause was issued is acting or has acted without the required license or registration
or

has or is about to engage in acts or practices constituting violations of this
act
, a final cease-and-desist order may be issued, directing
the
person to cease and desist from further unlawful acts or unlicensed or unregistered practices.

(
q
)

The board shall provide notice, in the manner set forth

in
subsection
(
m)
of this section, of the final cease-and-desist order within ten
(10)
calendar

days after the hearing conducted pursuant to
subsection (n) of this section
to each person against whom the final order has been issued. The final order issued

pursuant to
subsection (o)
of this
section
shall be effective when issued and shall be a final order for purposes of judicial review.

(
r
)

If it appears to the board,

based upon credible evidence presented to the board, that a person has engaged in or is about to engage in any unlicensed or unregistered act or practice, any act or practice constituting a violation of this

act
, any rule promulgated pursuant to this
act
, any order issued pursuant to this
act
or
any act or practice constituting grounds for administrative sanction pursuant to this
act
, the board may enter into a stipulation with
the
person.

(
s
)

If any person fails to comply with a final cease-and-desist order or a stipulation, the board may request the attorney general or the district

attorney for the judicial district in which the alleged violation exists to bring suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of the final order.

33
‑
47
‑
11
2
.

Reapplication after revocation of licensure.

No person whose license has been revoked shall be allowed to reapply for licensure earlier than two
(2)
years from the effective date of the revocation.

33
‑
47
‑
11
3
.

Reconsideration and review of board action.

The board, on its own motion or upon application, at any time after the imposition of any discipline as provided for in
W.S. 33
‑
47
‑
111
, may reconsider its prior action and reinstate or restore
the
license or terminate probation or reduce the severity of its prior disciplinary action. The taking of any further action or the holding of a hearing with respect thereto shall rest in the sole discretion of the board.

33
‑
47
‑
11
4
.

Immunity.

Any member of the board, any member of the board's staff, any person acting as a witness or consultant to the board, any witness testifying in a proceeding authorized under this
act
and
any person who lodges a complaint pursuant to this
act
shall be immune from liability in any civil action brought against him or her for acts occurring while acting in his or her capacity as board member, staff, consultant
or
witness, respectively, if
the
individual was acting in good faith within the scope of his or her respective capacity, made a reasonable effort to obtain the facts of the matter as to which
the person
acted
and
acted in the reasonable belief that the action taken by him or her was warranted by the facts. Any person participating in good faith in lodging a complaint or participating in any investigative or administrative proceeding pursuant to this
act
shall be immune from any civil or criminal liability that may result from
the person's
participation.

33
‑
47
‑
11
5
.

License by endorsement.

The board may issue a plumber's license by endorsement in this state to any person who is licensed to practice in another jurisdiction if
the
person presents proof satisfactory to the board that, at the time of application for a license
under this act
by endorsement,

the person possesses credentials and qualifications which are substantially equivalent to requirements
under this act
for licensure by examination. The board may specify

by rule and regulation what shall constitute substantially equivalent credentials and qualifications and may further require a waiting period of six months after the issuance of a license in another state before issuing a license in
this state
.

33
‑
47
‑
11
6
.

Temporary permits.

(
a
)

The board may issue a temporary permit to engage in the work of a journeyman plumber or a residential plumber

to any applicant who has furnished satisfactory evidence to the board that
the person
has the required experience to qualify for the examination, as provided in the rules and regulations promulgated by the board
and
who has applied for an examination to entitle him to
the
license.

(
b
)

Temporary
permits shall be issued only upon payment of a fee established by the board and may be revoked by the board at any time.

(
c
)

Any permit issued pursuant to this section shall expire no later than thirty
(30)
days after the date of the examination for which the applicant has applied or upon written notice by the board of the results of the examination, whichever date is earlier. No permit shall be issued pursuant to this section to any person who has twice previously failed an examination or who has received two
(2)
temporary permits.

(d
)

Notwithstanding the requirements set forth in
sub
section
(a) of this section
, a temporary master permit may be issued to an existing plumbing contractor who has lost the services of his master plumber for completion of a current project underway as long as
the person
has a journeyman plumber in his full-time employ. This shall only be valid until the next regularly scheduled examination.

33
‑
47
‑
11
7
.

Exemptions.

(
a
)

Any person selling or dealing in plumbing materials or supplies, but not engaged in the installation, alteration, repairing,

or removal of plumbing, shall

not be required to employ or have a licensed plumber in charge.

(
b
)

Nothing in this
act
shall be construed

to require any individual to hold a license to perform plumbing work on his own property or residence, nor shall it prevent a person from employing an individual on either a full-
time
or a part-time basis to do routine repair, maintenance
and
replacement of sinks, faucets, drains, showers, tubs, toilets
and
domestic

appliances and equipment equipped with backflow preventers
. However,
if
the
property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling
the
facilities or structures or is rental property which is occupied or is to be occupied by tenants for lodging, either transient or permanent
or
is a commercial or industrial building, the owner shall be responsible for and the property shall be

subject to all of the provisions of this
act
pertaining to licensing, unless specifically exempted therein.

(
c
)

Persons who are engaged in the business of inspecting, testing
and
repairing backflow prevention devices shall be exempt from licensure under this
act
, except when
the
persons engage in the installation and removal of
the
devices.

(
d
)

Nothing in this
act
shall be construed to require either that employees of the federal government who perform plumbing work on federal property shall be required to be licensed before doing plumbing work on
the
property or that the plumbing work performed on
the
property shall be regulated pursuant to this
act
.

33
‑
47
‑
1
18
.

Disposition of fees.

The
board of
plumber examin
ers
account is created. Funds
received by the board pursuant to this act
shall be deposited into the account. Income earned on amounts within the account shall be credited to the account. Funds in the account are continuously appropriated to the board for the operation and management of the board and the administration of this act.

33
‑
47
‑
1
19
.

State plumbing inspectors.

(
a
)

The board
is authorized to appoint or employ competent persons as state plumbing inspectors.

(
b
)

State plumbing i
nspectors may be employed either on a full-time or on a part-time basis as the circumstances in each case warrant.

State plumbing inspectors have the right of ingress and egress to and from all public and private premises during reasonable working hours where this
act
applies for the purpose of making plumbing inspections or otherwise determining compliance with the provisions of this
act
.

33
‑
47
‑
1
20
.

Municipal and county regulations.

(
a
)

Any city, town, county
or
city and county of this state may provide for the licensing of plumbing contractors.

(
b
)

No local government agency may promulgate rules or regulations or provide for licenses which would preclude the holder of a valid license

issued under this
act
from practicing his trade.

33
‑
47
‑
1
2
1
.

Unauthorized practice
;
penalties.

Any person who engages in or works at or offers or attempts to engage in or work at the business, trade
or
calling of a residential, journeyman, master
or
apprentice plumber without an active license, permit
or
registration issued under this
act

commits a misdemeanor

punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than six (6) months, or both.

33
‑
47
‑
1
2
2
.

Violation
;
fines
;
rules.

(a)

If the board concludes that any licensee, registrant
or
applicant for licensure has violated any provision of
this act
and that disciplinary action is appropriate, the
board
may issue a citation to
the
licensee, registrant
or
applicant.

(
b
)

All hearings conducted pursuant to
this act
shall be conducted in compliance with
the W
yoming Administrative Procedure
Act.

(
c
)

The board may suspend or revoke a license or registration or may refuse to renew any license or registration issued or may place on probation any licensee or registrant if the licensee or registrant fails to comply with the requirements set forth in a citation deemed final pursuant to
subsection
(
a) of this section
.

(d)

In any action bro
ught to enforce this
act
,
reasonable attorney fees and costs
may
be awarded.

33
‑
47
‑
1
23
.

Apprentices.

(
a
)

Any person may work as a plumbing apprentice for a licensed plumber but shall not do any plumbing work for which a license is required pursuant to this
act
except under the supervision of a licensed plumber.

Supervision requires that the licensed plumber supervise apprentices at the jobsite. One
(1)
licensed journeyman plumber, master plumber
or
residential plumber shall not supervise more than three
(3)
apprentice plumbers at the same jobsite.

(
b
)

Any master, journeyman
or
residential plumber who is the supervisor of any plumbing apprentice shall be responsible for the work performed by
the
apprentice. The license of any plumber may be revoked, suspended
or
denied under the provisions of
W.S. 33
‑
47
‑
111
for any improper work performed by a plumbing apprentice while under the supervision of
the
licensee.

Section 2.

There is appropriated
twenty-five thousand dollars
($25,000.00)
from the
general
fund to the
board of plumber examiners
account
. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 201
2
.

This appropriation shall only be expended for the purpose of
this act.
Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on
June 30, 2012
.
This appropriation shall be included in the
board's

201
3
-201
4
standard biennial budget request.

Section
3
.

This act is effective July 1, 2011.

(END)

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SF0154