Post on 18-Sep-2020
§ 34-37-1. 1
“For purposes of this chapter, the following terms 2
shall have meanings respectively ascribed to them herein 3
unless the context clearly requires a different meaning: 4
“(1)APPRENTICE GAS FITTER or PLUMBER. A person 5
other than a master or journeyman gas fitter or plumber, who 6
is engaged in learning and assisting in the installation of 7
gas pipe, equipment, apparatus, and appliances, and shall work 8
directly under the supervision of a journeyman or master gas 9
fitter or plumber, and who has successfully fulfilled the 10
registration requirements of the board and has been duly 11
registered by the board as such for the current year. The 12
apprentice shall have in his or her possession a current annual 13
certificate. The certification shall be available for inspection 14
on request. 15
“ (2) BACKFLOW PREVENTION DEVICE. A device installed 16
within a domestic water supply or a building distribution system on 17
private property to protect the potable water supply 18
from contamination or cross connection. 19
“ (2)(3) BOARD. The State of Alabama Plumbers and 20
Gas Fitters Examining Board as renamed by this chapter. The 21
board shall examine, certify, and regulate plumbers, gas 22
fitters, and medical gas piping fitters on a statewide basis 23
pursuant to this chapter. 24
“(3) (4) CERTIFICATION. The process of testing at 25
the state level to determine the knowledge and skill of an 26
individual with respect to plumbing and gas fitting, and the 27
1
issuing of certificates to indicate that an individual has 1
passed the examination. 2
“(5) REGISTRATION. The process of application with 3
the board with regards to apprentice plumbers, apprentice gas 4
fitters, all corporations, professional corporations, 5
limited liability companies and all other legal entities 6
engaging in the business of plumbing and/or gas fitting 7
within the State of Alabama. 8
“(4)(6) GAS FITTING, GAS SYSTEMS, or GAS WORK. The 9
installation, repair of pipes, fixtures, fittings, appliances, 10
or apparatus necessary for supplying natural gas for 11
residential or commercial use from the point of delivery and 12
all gas piping before connection to the combustion zone and 13
including the applicable venting of flue gases to the outside 14
atmosphere and the provisions for air for combustion and 15
ventilation, including all gas fitting work further defined by any 16
Board rules and all codes currently adopted by the Board. 17
This chapter shall not be construed to prevent 18
any contractor certified by the Alabama Board of Heating, and 19
Air Conditioning, and Refrigeration Contractors from 20
installing, replacing, or performing service or repair on 21
natural gas fired air heating/cooling appliances, excluding 22
piping to them provided the installing contractor has a valid 23
certificate issued by the Alabama Board of Heating, and 24
air Conditioning, and Refrigeration Contractors. 25
“(5) (7) JOURNEYMAN GAS FITTER. An person individual 26
who engages in or works at the actual installation, repair, 27
2
or replacement of gas works, who has successfully fulfilled 1
the examination requirements of the board, has been issued 2
a journeyman gas fitter certificate by the board, and possesses 3
a valid and current annual certificate issued by the board. 4
The journeyman gas fitter shall have in his or her possession 5
a current annual certificate. The certification shall be available 6
for inspection on request. 7
“(6) (8) JOURNEYMAN PLUMBER An person individual 8
who engages in or works at the actual installation, repair, 9
or replacement of plumbing systems, who has successfully fulfilled the 10
examination requirements of the board, has been issued a 11
journeyman plumber certificate by the board, and possesses a 12
valid and current annual certificate issued by the board. 13
The journeyman plumber shall have in his or her possession a 14
current annual certificate. The certificate shall be available 15
for inspection on request. 16
“(7) (9) MASTER GAS FITTER. Any person engaged in or 17
proposing to engage in the business of contracting to do, or 18
of superintending the installation, maintenance, or repair of 19
gas systems or gas work, either or both. The individual shall 20
qualify to be a certified master gas fitter. If the business 21
be a firm or corporation, at least one active employee of the 22
firm or corporation shall be a duly registered and certified 23
master gas fitter, actively and continuously connected with 24
the conduct of the business. The master gas fitter shall have 25
in his or her possession a current annual certificate issued 26
by the board. The certificate shall be available for 27
3
inspection on request. An individual who engages in or works at the 1
actual installation, repair, or replacement of gas systems, 2
who has successfully fulfilled the examination requirements of 3
the board, who has been issued a master gas fitter certificate by 4
the board, and possesses a valid and current annual 5
certificate issued by the board. The master gas fitter shall 6
have in his or her possession a current annual certificate. 7
The certificate shall be available for inspection on request. 8
This person may at any time register with the board as 9
principal for any business, firm or corporation. 10
“(8) (10) MASTER PLUMBER. Any person engaged in or 11
proposing to engage in the business of contracting to do, or 12
of superintending the installation, maintenance, or repair of 13
plumbing, or both. The individual shall qualify to be a 14
certified master plumber. If the business is a firm or 15
corporation, at least on active employee of the firm or 16
corporation shall be a duly registered and certified master 17
plumber, actively, continuously connected with the conduct of 18
the business. The master plumber shall have in his or her 19
possession a current annual certificate issued by the board. 20
the certificate shall be available for inspection on request. 21
An individual who engages in or works at the actual installation, 22
repair, or replacement of plumbing systems, who has 23
successfully fulfilled the examination requirements of the 24
board, has been issued a master plumber certificate by the 25
board, and possesses a valid and current annual certificate 26
issued by the board. The master plumber shall have in his or 27
4
her possession a current annual certificate. The certificate 1
shall be available for inspection on request. This person may 2
at any time register with the board as principal for any 3
business, firm, or corporation. 4
“(9) (11) MEDICAL GAS PIPING FITTER. A master 5
plumber or master gas fitter who holds a current certificate whose 6
certificate bears an endorsement for installation of medical gas 7
piping. A journeyman plumber, or journeyman gas fitter, apprentice 8
plumber, or apprentice gas fitter who holds a current certificate 9
whose certificate bears an endorsement for installation of medical gas 10
piping shall be entitled to install medical gas piping under the 11
direction of a master plumber or master gas fitter whose 12
certificate entitles him or her to install medical gas piping. An 13
apprentice plumber or apprentice gas fitter who holds a current 14
certificate for medical gas piping shall at all times be under the 15
direct supervision of either a master or journeyman who also holds a 16
current certificate. The medical gas piping fitter shall have in his 17
or her possession a current annual certificate with endorsement 18
issued by the board. The certificate shall be available for 19
inspection on request. 20
“(10) (12)MEDICAL GAS PIPING. Piping used solely to 21
transport gases used for medical purposes. 22
“(11)(13)PLUMBING, PLUMBING SYSTEMS, or PLUMBING 23
WORK. All work associated with the installation, repair, or 24
replacement of pipes, fixtures, or other apparatus necessary either 25
for supplying domestic water or for removing liquid or waterborne 26
waste, located on private property. The term is also used to denote 27
installed fixtures, backflow prevention devices, drainage, vents, and 28
water distribution systems located on private property, and all 29
5
plumbing work further defined by Board rules and all codes currently 1
adopted by the Board, with the exception of work allowed by this 2
chapter. 3
“(14) PERSON(S). For purposes of this chapter, the term 4
“person(s)shall mean any individual, apprentice 5
plumbers, apprentice gas fitters and all corporations, 6
professional corporations, limited liability companies and 7
all other legal entities or any combination thereof. 8
(15) PRINCIPAL. The individual responsible for 9
the contracting, superintending, installation, maintenance, or 10
repair of plumbing and/or gas fitting systems for any legal 11
entity, who is actively and continuously connected with 12
the conduct of the business, and is responsible to the board 13
for the same. The individual shall qualify to be a 14
certified master gas fitter or certified master plumber, 15
either or both. 16
(a) At least one active employee of the 17
legal entity shall be a duly registered and certified master 18
gas fitter and/or plumber as defined in this section, actively 19
and continuously connected with the conduct of the business 20
and registered with the board as the principal of the business. 21
(b) The principal master gas fitter or master plumber 22
shall have in his or her possession a current annual certificate 23
issued by the board. The certificate shall be available 24
for the inspection on request. 25
Ҥ34-37-2. 26
“The Plumbers Examining Board as created by Act No. 27
529 of the 1949 Regular Session of the Legislature (Acts 1949, 28
p.827), as amended, is renamed the State of Alabama Plumbers 29
6
and Gas Fitters Examining Board and the authority of the board 1
is expanded to allow the board to examine, certify, and 2
regulate plumbers, gas fitters, and medical piping fitters 3
on a statewide basis. The board may make and enforce rules 4
adopted in accordance with Chapter 22 of Title 41, the Alabama 5
Administrative Procedure Act. 6
7
“The Board is authorized to expend funds for 8
purposes of public awareness of the board and its rules and 9
regulations to include advertising, promotional materials 10
event exhibiting, and other means approved by the board. 11
Ҥ34-37-3 12
“The board members established by this chapter, shall 13
continue to service on the board as renamed by this chapter 14
until the expiration of their current terms. Appointments shall be 15
subject to confirmation by the Senate. Commencing on the effective 16
date of the act amending this section, members shall serve until 17
the expirations of their respective terms of office and shall vacate 18
office on that date. The Governor shall designate the length 19
of term for each of his appointees not to exceed four years. The 20
board shall always be composed of the following members: One member 21
appointed by the Governor shall be a master plumber as defined by this 22
chapter; one member appointed by the Governor shall be a journeyman 23
plumber as defined by this chapter; one member appointed by 24
the Governor shall be a registered professional engineer licensed 25
as such by the State Board of Registrations of Professional 26
Engineers and Land Surveyors as provided in Article 2 of Chapter 27
11 of this title, or any subsequent act relating to the 28
licensing of professional engineers; one member appointed by the 29
7
Governor shall be a municipal or county building official; one 1
member appointed by the Governor shall be a master gas fitter as 2
defined in this chapter; one member appointed by the Governor shall 3
be appointed from the public at large. The member representing 4
the public at large shall not be engaged or otherwise connected 5
to the plumbing or gas industry or the installation of plumbing 6
or gas work nor connected with any person, firm, or corporation 7
handling or dealing material, fixtures, or appliances connected 8
with plumbing or gas work. The membership of the board shall be 9
inclusive and reflect the racial, gender, geographic, 10
urban/rural, and economic diversity or the state. 11
Ҥ34-37-4 Board Meetings; Compensation, employees 12
“ (a) The board shall meet when necessary for the proper 13
performance of its duties, but in no case less than once a year. 14
Meetings shall be held at places in the state as the board deems 15
necessary. At its first meeting next following May 2, 1989, and 16
every two years thereafter, the board shall organize itself by 17
electing from its membership a chair, vice-chair, and a recording 18
secretary. The board shall appoint, employ, or contract with an 19
executive director for the board, and may appoint, employ, or 20
contract with a deputy director, neither of whom shall be subject 21
to the State Merit System. The executive director shall serve 22
as treasurer of the board, but the deputy director may serve as 23
treasurer of the board in the absence of the executive director 24
or when otherwise directed by the board. In addition to any other 25
Duties, the deputy director may serve as a hearing officer for the 26
Board in any license proceeding pursuant to Section 34-3-12. 27
The executive director and the deputy director shall not be a 28
member of the board and shall not be engaged or otherwise 29
8
connected with the plumbing or gas fitting industry. 1
The board shall set the compensation of the executive director 2
and the deputy director in accordance with regulations of the 3
State Personnel Board. Four members of the board shall constitute 4
a quorum for transacting business. Each member of the board shall 5
receive as compensation for services the sum of two 6
hundred dollars ($200) per day for each day spent in active service 7
for the board. In addition to per diem compensation, each board 8
member shall be reimbursed for any necessary expense incurred in 9
performing duties as a board member. The expenses allowable to each 10
board member shall not exceed the per diem amount of state travel 11
expenses allowed by law, from time to time, for state employees 12
traveling on state business. Employees of the board shall also be 13
entitled to reimbursement for traveling expenses incurred 14
when traveling on official board business at the rate for state 15
employees traveling on state business. The board may employ or 16
contract for stenographic or clerical help and compliance officers 17
when needed, and may purchase necessary office supplies, equipment, 18
and services. 19
Ҥ34-37-5. 20
“ (a) There is established a separate special revenue 21
trust fund in the State Treasury to be known as the State of 22
Alabama Plumbers and Gas Fitters Examining Board Fund. All 23
receipts collected by the board under this chapter shall be 24
deposted in this fund and used only to carry out this 25
chapter. The fund shall be disbursed only by warrant out of the 26
State Comptroller upon the State Treasure upon itemized 27
vouchers approved by the executive director of the board, or 28
in the absence of the executive director, by the deputy 29
9
director. No funds shall be withdrawn or expended except as budgeted 1
and allotted according to Sections 41-4-80 to 41-4-96, inclusive, as 2
amended, and only in amounts as stipulated in the general 3
appropriation bill or other appropriation bills. 4
Any Funds unspent and unencumbered at the end of the fiscal year 5
that exceed 25 percent of the board’s budget for the previous 6
fiscal year shall be transferred to the State General Fund. 7
(b) Any funds collected during the fiscal year as a 8
result of fines, administrative fees or penalties except for 9
late fees may be transferred, upon approval by the Board, at the end 10
of the fiscal year to the 501(c)(3) nonprofit Alabama Home Builders 11
Foundation to be used for classroom training tools and learning 12
materials at educational facilities that provide plumbing and 13
gas fitting curriculums, exclusively for any program approved 14
or accredited by the State of Alabama, United States 15
Federal Government, or any state or federal government agency 16
or department. 17
“(b c) The executive director and the deputy director 18
of the board shall, before entering upon the duties of their 19
office, make and file with the Secretary of State an official 20
bond in the sum of five thousand ($5,000), unless 21
covered by the state blanket bond. The appropriate premiums on 22
the bond shall be paid out of the funds of the board, and the 23
bond shall be executed by an approved bonding fidelity or 24
guaranty company qualified to do business in Alabama and 25
acceptable to the Secretary of State. 26
Ҥ34-37-6 27
“(a) It shall be unlawful for any person, firm, 28
corporation or other legal entity as defined in §34-37-1(14) to 29
10
contract, engage in, offer to engage, or convey the impression that 1
he or she is certified in purchase a business license or to do 2
or perform, or to contract, direct, or superintend any plumbing, gas 3
fitting, or medical gas piping within the State of Alabama any 4
incorporated city or town or county of this state unless the person 5
has first registered or received a certificate of competency, 6
hereinafter referred to as “certificate” that is in force and effect 7
at the time the plumbing, gas fitting, or medical gas piping is done 8
offered, performed, directed, or superintended, except as hereinafter 9
provided. 10
“(b) The board shall register all legal entities 11
as defined in 34-37-1(14), engaging in, or offering to engage in, 12
plumbing, gas fitting or 13
medical gas piping in the State of Alabama upon forms provided 14
by the board, and upon the applicant first paying all prescribed 15
fees. Disciplinary action for the registered legal entities may 16
be the same as for certified individuals engaged in plumbing, 17
gas fitting or medical gas piping. 18
“(c) The business name which is registered with the 19
board for each legal entity engaged in plumbing, gas fitting 20
or medical gas Piping shall be displayed in a prominent 21
manner on two sides of each service or construction vehicle. 22
The lettering shall be a minimum of two inches in height. 23
“(b) (d) The board shall register every person who 24
may apply for an apprentice plumber or gas fitters registration 25
11
certificate upon forms provided by the board, upon the 1
applicant first paying all prescribed fees. 2
“( c)(e) The board shall examine and pass upon 3
the qualification of every person who applies or for a journeyman’s 4
Plumber or gas fitter certificate upon forms provided by the 5
Board. 6
“(1) An applicant for examination for a jouneyman’s 7
plumber or gas fitter certificate shall submit proof that the 8
applicant has two years of current work experience as an apprentice 9
plumber or gas fitter or has completed an apprentice training 10
program approved by the board. 11
“(2) Applicants for journeyman plumber or gas fitter 12
shall be examined, orally or in writing, upon the fundamentals 13
of plumbing or gas fitting, the theory and practice of 14
plumbing installation and construction or gas fitting work, 15
and the experience and ability of the applicant in practical 16
plumbing installation and construction or gas fitting work. 17
“(3) If the applicant is found to possess an 18
accurate knowledge of the theory and correct practice of 19
plumbing installation and construction or gas fitting work, 20
and sufficient experience and ability in plumbing installation 21
and construction or gas fitting work to safely and competently 22
apply that knowledge and practice, the board shall issue a 23
12
certificate, upon the applicant first paying all prescribed 1
fees. 2
“(4) The examination shall be administered by an 3
independent examining agency. 4
“(d) (f) The board shall examine and pass upon the 5
qualifications of every person who applies for a master’s 6
plumber or gas fitter certificate upon forms provided by the 7
board. 8
“ (1) Applicants for examination for a master plumber 9
certificate shall submit proof to the board that the applicant 10
has at least one year of current work experience as a journeyman 11
plumber. 12
“ (2) Applicants for examination for a master gas 13
fitter’s certificate shall submit proof to the board that the 14
applicant has at least one year of current work experience as a 15
journeyman gas fitter. 16
“ (3) An applicant for a master’s certificate shall 17
be examined upon knowledge, training, and ability, in the 18
planning, laying out, and supervision of plumbing installation 19
and construction work or gas fitting work, and if found to 20
possess those qualifications, the applicant shall be issued a 21
master’s plumber or gas fitter certificate by the board upon 22
the applicant first paying all prescribed fees. 23
13
“(e) (g) No person shall be issued a certificate 1
without passing the prescribed examination. A person who has 2
passed the examination must become certified within 90 3
calendar days and shall not be required to take the 4
examination thereafter in order to secure a certificate in 5
subsequent years. An individual who passes the examination but 6
fails to become certified within 90 calendar days shall be 7
required to retake the examination. At least four examinations 8
per year shall be conducted, at a time and place prescribed 9
by the board after reasonable notice. 10
“(f) (h) Any master plumber, master gas fitter, 11
journeyman plumber, or journeyman gas fitter, apprentice plumber, or 12
apprentice gas fitter performing 13
medical gas piping shall provide proof to the board that he or 14
she has successfully completed a current medical gas piping 15
certification program approved by the board. The approval by 16
the board shall be indicated by endorsement as a medical gas 17
piping fitter on his or her certificate. Any journeyman 18
performing medical gas piping shall work under the direction 19
of a master plumber or master gas fitter whose certificate 20
entitles him or her to install medical gas piping. 21
“ (g) An applicant for any type of certification 22
Shall be a United States citizen or. If not a citizen of the 23
14
United States, a person who is legally present in the United 1
States with appropriate documentation from the federal 2
Government. 3
Ҥ34-37-7 Reexamination 4
“Any person who fails to pass an examination may, 5
upon reapplication and payment of the regular examination 6
fee, be reexamined at any subsequent examination given by the board. 7
Ҥ34-37-8 8
“ (a) Any person who holds a certificate issued by 9
the board shall be issued statewide certification upon the 10
annual renewal of their existing certificate. 11
“ (b) Any certificate issued by the board shall be 12
acceptable by any city, town, or county in the state and any 13
existing local statute or ordinance contrary to this section 14
is repealed, and no other competency certificate or 15
examination shall be required of plumbers, gas fitters, or 16
medical gas piping fitters by any local governmental entity. 17
“(c) Any current registration or annual certificate 18
issued to any person individual by the board shall be in possession of 19
the person individual at any time he or she engages in or proposes to 20
engage as a master, journeyman, or apprentice plumber, gas 21
fitter, or medical gas piping fitter, as the 22
case may be, and upon request he or she shall make the 23
15
certificate or registration available for inspection and 1
identification by any person or persons for whom he or she 2
engages or proposes to engage as such, and for identification 3
by plumbing, gas, or other authorized enforcement personnel of 4
any governmental entity, board, or agency when requested. 5
Ҥ34-37-9 6
“The board shall set the necessary fees to 7
administer the requirements of this chapter and when adopted, 8
such fee schedule shall be in lieu of any fee schedule 9
heretofore prescribed by the board. The board shall not change 10
the fee schedule to be effective in the middle of a calendar 11
year. 12
“The certificates or registrations provided 13
for herein shall be issued by the board upon the payment of 14
the prescribed fees. 15
All annual certificates or registrations shall expire 16
on December 31, of the year in which they were issued. The 17
certificate fees herein prescribed shall be in addition 18
to all privilege or license taxes otherwise levied. 19
Certificates or registrations renewed after December 31 20
shall include the late renewal penalty established by 21
the board. 22
“ All applicants requesting replacement of lost or 23
16
stolen certificates shall be required to pay a $5 reissuance 1
fee based on the regular fee schedule. 2
“All persons individuals serving in the armed forces will 3
not be required to pay any back years for a renewal certificate 4
during the calendar year he or she is released from active 5
military duty. 6
All other persons individuals shall pay back years and 7
prescribed penalties as set forth by Rules of the Board. Unless proof 8
satisfactory to the board is furnished indicating that the individual 9
was not employed in such years in the plumbing or gas fitting trade. 10
Any requests for waiver of back years and penalties shall 11
be reviewed and considered by the Board. The Board shall vote to 12
approve or disapprove each request. 13
Ҥ34-37-10 Temporary certificate 14
“The board may issue a temporary revocable certificate for 15
journeyman classification one time only to any person pending 16
such person’s examination for a certificate, if such person 17
furnishes satisfactory proof that he holds a license or certificate 18
to practice as a journeyman plumber or gas fitter in any state 19
wherein plumbers and gas fitters are required to meet prescribed 20
standards before engaging in the trade of journeyman plumber or 21
gas fitter. Any such temporary certificate during the effective 22
period thererof shall have the force and effect of an annual 23
17
certificate; but no such temporary certificate shall be effective 1
for a period of more than 90 days from the issuance thereof, or 2
until the next examination whichever is longer. Prior to 3
receiving any such temporary certificate, the applicant therefor 4
shall be required to pay to the board one half of the annual 5
certificate fee provided for journeyman plumber or 6
gas fitter, as the case may be. Additional test dates for master 7
plumber and master gas fitter examinations may be given at the 8
discretion of the board. 9
Ҥ34-37-1110 Reciprocal agreements 10
“The board may establish reciprocal agreements with 11
any other state licensing or certifying board which recognizes, 12
as a minimum, the standards prescribed by the board, and may 13
allow certified plumbers and gas fitters to receive a license 14
certificate in this state without taking examinations if the 15
Plumber or gas fitter is currently licensed in the reciprocating state 16
and upon the payment of the prescribed fees. 17
Ҥ34-37-1211. 18
“The board may revoke or suspend any 19
Certificate or registration obtained through concealment, 20
misstatement, or misrepresentation of any material fact in 21
the application for such certificate. The board may discipline 22
any person(s) as defined in 34-37-1(14) or for a willful violation 23
18
of any law or ordinance pertaining to the business of the holder 1
of such certificates. and may impose fines, administrative fees or 2
penalties not to exceed $2,000 for each violation. The Board 3
may also order restitution. 4
Before a certificate or registration may be suspended or revoked, 5
the holder thereof shall have notice in writing, enumerating 6
the charges against him or her, and be entitled to a hearing 7
by the board, not sooner than five days from receipt of notice. 8
The holder Of such certificate or registration shall be given 9
an opportunity to present Testimony, oral or written, and right 10
to cross-examination and representation by counsel. All 11
testimony shall be given under oath. The board shall have 12
power to administer oaths, issue Subpoenas, and compel the 13
attendance of witnesses. 14
“The decision of the board shall be based on the 15
evidence produced at the hearing and made part of the record 16
thereof. The board may suspend any certificate or registration 17
up to one year or may revoke the certificate or registration. 18
The person whose certificate or registration has been revoked 19
shall not be permitted to apply for a license certificate or 20
Registration for one year from the date of revocation. 21
No certification or registration shall be suspended or revoked 22
unless the majority of the board members concur. Board procedure 23
19
shall be the same as defined in the Alabama Administrative 1
Procedure Act, Chapter 22 of Title 42. The board may 2
establish additional procedures as needed provided that any 3
additional procedures are published and made public and 4
are not in conflict with state law. 5
“ Hearings shall be conducted by a hearing officer 6
Appointed by the board. The hearing officer may be a board 7
Member, the executive director, or such other person as the 8
Board may deem fit and proper to hold such hearing. The 9
Testimony adduced at the hearing, along with all other 10
Proceedings, shall be taken down by a competent stenographer 11
And shall be preserved as a record of the board and shall be 12
Open to the public inspection at all reasonable times. A copy 13
Of the record so adduced shall be furnished to each member of 14
The board, and no license shall be revoked unless a majority 15
Of the board members concur with the revocation of same. 16
“No annual certificate shall be issued to any 17
Certificate holder whose certificate shall have been revoked 18
By the board after such hearing until one year from and after 19
The date of such revocation unless the certificate holder 20
Whose certificate shall have been so revoked shall enter into 21
A bond with good and sufficient surety in the penal sum of 22
$1,000 to faithfully comply with the provisions of this 23
20
Chapter and of all rules and regulations and codes adopted by 1
The board, provided however, that such certificate holder 2
Whose certificate shall be so revoked may within five days 3
After such revocation appeal from the board’s decision or 4
Revocation to the circuit court of the county in which the 5
Certificate holder resides, does business, or is employed. 6
Ҥ34-37-13. 7
“In order to protect the public from damages arising 8
From plumbing and gas fitting or plumbing work and gas fitting 9
Work failing to comply with the requirements of any state laws 10
Applicable thereto, or with the ordinances of any municipal 11
Corporation applicable thereto, it is hereby provided that 12
Before any person engages in the business of principal master 13
Plumber or principal master gas fitter, he shall 14
Execute and deposit with the judge of probate in the county of 15
His or her principal place of business a bond in the sum 16
Of $2,000. Such bond shall be a cash bond of $2,000 or executed 17
by a surety authorized and qualified to write surety bonds in the 18
State of Alabama, and shall be approved by the probate judge. Such 19
bond shall be conditioned upon al plumbing and gas fitting work done 20
Performed or supervised by such principal master plumber or 21
Principal master gas fitter complying with the provisions of 22
Any laws or ordinances relating to plumbing and gas fitting 23
21
And applicable thereto. Action on such bond may be brought 1
Against the principal and surety thereon in the name of, and 2
For the benefit of, any person who suffers damages as a 3
consequence of the principal master plumber’s or principal 4
master gas fitter’s work not conforming to the requirements of 5
any laws or ordinances pertaining to plumbing and gas fitting 6
and applicable thereto, provided, however, that the aggregate 7
liability of the surety to all persons so damaged shall, in no 8
event, exceed the sum of the bond. This shall be a statewide 9
bond. No Principal master plumber, principal master gas 10
fitter, business, firm, or corporation who holds an active 11
performance bond with the board shall be required to purchase 12
a performance bond within any incorporated city or county 13
within the State of Alabama. 14
“34-37-1412 15
“ (a)No person who has obtained a Certificate or 16
registration shall allow his or her name to be used by 17
another person, either for the purpose of obtaining permits, 18
or doing business or work under his or her certificate or registration 19
and every person certified or registered shall notify the board of the 20
address of his or her residence and place of business and the name 21
under which such business is carried on, and shall give immediate 22
written notice within thirty days to the board of any change in 23
22
either. 1
“(b) Before any person individual certified by the board 2
engages in the business of master plumber and/or master gas 3
fitter, he or she shall notify the board of the address of the 4
place of business he or she engages in as such and the name 5
under which such business is carried on and shall give 6
immediate written notice within thirty days of any change in 7
either. All information required by this section shall be 8
furnished on a business certification form furnished by the board. 9
“(c)Any current certified or registered individual master 10
plumber or master gas fitter who desires to renew his or her annual 11
certificate but who does not intend to engage as a master in the 12
trade, as defined in this chapter, shall complete an inactive status 13
affidavit obtained from the board. Any individual in inactive status 14
must renew annually by remitting the annual inactive renewal fee set 15
in the fee schedule. 16
(d) Code officials who hold a certification with 17
the board and wish to be inactive shall be exempt from all 18
renewal fees and re-examination requirements. 19
(e) Any individual in inactive status who wishes to 20
reinstate active status shall complete an active status affidavit 21
obtained from the board and remit all prescribed fees prior to re- 22
engaging in plumbing and/or gas fitting. 23
23
Ҥ34-37-15 13. 1
“ (a) The following acts, works, and conduct may be 2
performed by anyone, without license or a registration or 3
certificate, provided, however, that all work and services 4
herein named or referred to shall be subject to an inspection 5
and approval in accordance with the terms of all state laws 6
and applicable municipal ordinances: 7
(1) Plumbing work done by a property owner in 8
or about a building owned by or occupied by him or her. 9
“(2)(1) Plumbing Gas fitting work done performed by 10
anyone who is regularly employed or acting as a anyone who 11
is regularly employed or acting as a maintenance man acting 12
under the supervision of a maintenance engineer or maintenance 13
engineer incidental to and in connection with the business in 14
which he or she is employed and engaged, provided the gas 15
fitting plumbing work is done performed on the premises of the 16
employer, and who does not engage in the occupations of a 17
plumber or gas fitter for the general public. 18
“(3) (2) Maintenance and reinstallation Plumbing work 19
Done performed upon the premises or equipment of a railroad, 20
or other businesses or industry, by an employee thereof who 21
does not engage in the occupation of a plumber or gas fitter 22
for the general public. 23
24
“ (4)(3) Plumbing or gas fitting work done performed, 1
not on private property, with the exception of easements, by 2
persons engaged by or employed by any public utility company in 3
the laying, maintenance, and operation of its service mains or 4
lines and the installation, alteration, 5
adjustment, repair, removal, and renovation of all types of 6
appurtenances, and equipment, and appliances provided such 7
Plumbing work does not necessitate tying into waste or sewer 8
Lines on the outlet side of the trap or alter gas piping on the 9
consumer side of the meter. 10
“(4) Any person engaged solely in the testing of 11
backflow devices is exempt from the provisions of this 12
chapter. 13
“ (5) Appliances or fixture installations and service 14
Work done in connecting appliances or fixtures to existing 15
Piping installations. 16
“(1)(5) Plumbing work performed by a property owner in 17
or about a building owned or occupied by the owner. 18
“ (6) Any person may install washing machines to 19
existing piping installation or waste lines, provided such 20
plumbing work does not necessitate tying into waste or sewer 21
lines on the outlet side of the trap. 22
“ ( b) This chapter shall not apply to any natural gas 23
25
utility company having fewer than 350 employees that is 1
regulated by the Alabama Public Service Commission. 2
“ (b) This chapter does not apply to any plumbing 3
work done performed by a property owner in or about a building 4
owned or occupied by him or her, or plumbing work done performed 5
by anyone who is regularly employed by the property owner to provide 6
maintenance or other repair services if the work is incidental 7
to and in connection with the property for which he or she is 8
employed and engaged and is done on the premises of the 9
employer. 10
Ҥ34-37-16 14 Restrictions 11
(a)No person shall use nor allow their certificate to enable 12
anyone other than the certificate holder and his employees 13
directly supervised by the certificate holder to perform 14
plumbing or gas fitting. Local officials may require the 15
certificate holder to be present if any problems develop 16
on the work. 17
(b) No certificate issued by the board can be sold or 18
transferred. Any certificate which is misused may be revoked 19
by the board. 20
Ҥ34-37-17 15 21
“ (a) The board shall have the administrative 22
authority to discipline or require a certificate holder 23
26
to attend training specific to violations. The board has the 1
authority to levy civil fines or penalties to 2
any registered apprentice, certificate holder or legal entity 3
registered by the board for a violation of any provision of 4
this chapter regulating plumbers, gas fitters, or medical 5
gas pipe fitters up to two thousand dollars ($2,000) per violation 6
and actual hearing cost. 7
“ (b) In addition to or in lieu of the criminal 8
penalties and administrative sanctions provided in this 9
chapter, the board may issue an order to any person or legal entity 10
engaged in any activity, conduct, or practice constituting a 11
violation of this chapter, directing the person or 12
legal entity to forthwith cease and desist from the activity, 13
conduct, practice, or performance of any work then being 14
performed or about to be commenced. 15
“(c) It shall be unlawful for any person or legal entity 16
to violate any provision of this chapter regulating plumbers, gas 17
fitters, or medical gas piping fitters. Any person convicted 18
of such violation shall be punished as prescribed for a Class 19
B A misdemeanor.” 20
Ҥ34-37-16 Records and confidentiality 21
(a) The Board shall keep a record of its proceedings. 22
23
27
(b) The records of the board shall be evidence of the proceedings 1
of the board set forth therein, and a transcript thereof, 2
duly certified by the executive director of the board under 3
seal, shall be admissible in evidence with the same force and 4
effect as if the original were produced. 5
(c) Board records and papers of the following class are of a 6
Confidential nature and are not public record: examination material 7
for examinations not yet given; exam scores; letters of inquiry 8
and reference concerning applicants; board inquiry forms 9
concerning applicants; pending or closed complaints and 10
investigative files which shall remain confidential until an 11
actual formal hearing may commence; and all other materials of 12
like confidential nature. 13
28