SB 0077

SB 77 - AS AMENDED BY THE SENATE

AN ACT relative to the regulation of plumbers and plumbing.

SPONSORS: Sen. D'Allesandro, Dist 20; Rep. Downing, Rock 26

This bill makes certain changes to plumbing regulation relating to the adoption of a plumbing code and the designation of state plumbing inspectors.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the regulation of plumbers and plumbing.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Exceptions; References Corrected. Amend the introductory paragraph of RSA 329-A:13 to read as follows:

The provisions of this chapter shall not apply to the following persons while performing plumbing work under the circumstances specifically described hereinafter; provided, however, that plumbing installed or maintained by such persons under such circumstances shall conform to the rules [~~and regulations promulgated~~] adopted by the authority of RSA [~~330:12~~] 329-A:15 and RSA 329-A:16.

2 State Plumbing Code; Adoption by Reference. Amend RSA 329-A:15, I to read as follows:

I. The board shall adopt such plumbing rules under RSA 541-A as it may deem necessary for the protection of the public health. Such rules shall be considered minimum standards. [~~The rules shall be no less stringent than the plumbing provisions of the 1984 edition of the BOCA Basic Plumbing Code sponsored by the Building Officials and Code Administrators International, Inc.~~] The board [~~may~~] shall adopt [~~the BOCA code~~] the International Plumbing Code, as published by the International Code Council, by reference, provided it specifies which sections of the code are in force in New Hampshire and makes specific and discretionary provisions in the code.

3 Enforcement of Rules Adopting State Plumbing Code. Amend RSA 329-A:16 to read as follows:

329-A:16 Enforcement. The rules adopted pursuant to RSA 329-A:15, I, [~~shall~~] may be enforced by the building inspection department or by any officer designated by the administrative authority of the city or town; provided, however, that a city or town may adopt and enforce rules more stringent than the rules adopted under RSA 329-A:15, I.

4 Inspectors; Designation as State Plumbing Inspectors Clarified. Amend RSA 329-A:17 to read as follows:

I. The board shall have the authority to appoint such state plumbing inspectors as are necessary to insure compliance throughout the state with plumbing practices consistent with the public safety and welfare.

II. [An] A state plumbing inspector appointed under this section shall have the authority to enter any premises in which a plumbing installation subject to regulation under this chapter is being installed, replaced or repaired for the purpose of making such inspection as is necessary to carry out [~~his~~] the state plumbing inspector's duties under this section.

III. Any state plumbing inspector may order the removal or correction of any violation of this chapter, and may order any public utility furnishing water to such installation to discontinue such service until the violations are corrected.

IV. Whenever [an] a state plumbing inspector orders the removal or correction of a violation under paragraph III, he or she shall immediately notify the local building inspection department or administrative authority of the town where the violation is located, and further order that all the work in violation be corrected prior to continuance. The local building authority shall approve the continuation of work on the installation upon both the local building authority and the state inspector being satisfied that violations have been corrected [~~and shall notify the inspector of such approval~~].