03/27/03 0861s

29may03... 1604h

2003 SESSION

03-1117

08/10

SENATE BILL 148-FN

COMMITTEE: Public Affairs

ANALYSIS

This bill regulates water treatment equipment installers by the plumber's board.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/27/03 0861s

29may03... 1604h

03-1117

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

1 New Paragraphs; Plumber's Board; Water Treatment System Installers. Amend RSA 329-A:2 by inserting after paragraph V the following new paragraphs:

VI. "Water treatment system" means any apparatus for treating or processing water to modify, enhance, or improve its quality or to meet a specific water quality need, desire, or standard, and the pipes, fittings, and other components servicing such apparatus.

VII. "Water treatment technician" means any person who installs, maintains, or repairs water treatment systems.

VIII. "Water treatment trainee" means any person who is engaged in learning about and assisting in installing, maintaining, or repairing water treatment systems under the direct supervision of a person licensed under this chapter .

2 Board; Membership. Amend RSA 329-A:3, I to read as follows:

I. There shall be a state board for the licensing and regulation of plumbers consisting of [5] 7 members: 2 master plumbers, one journeyman plumber, one water treatment technician who is neither a master plumber nor a journeyman plumber, and [2] 3 public members, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member of the board shall be appointed to more than 2 consecutive terms. A member of the board shall serve as the board secretary.

3 Fees. Amend RSA 329-A:5-a to read as follows:

329-A:5-a Fees. The board shall establish fees for examination of applicants, for licensure and for renewal of licensure to practice under this chapter, and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year. The fee for the annual renewal of licenses issued to persons or business entities licensed as water treatment technicians shall not be more than the fee for the annual renewal of licenses issued to journeyman plumbers.

4 Examinations and Licenses. Amend RSA 329-A:7 to read as follows:

329-A:7 Examinations; Licenses. The board shall have authority to examine and license master plumbers, [and] journeyman plumbers, and water treatment technicians. When issued, such license shall be valid throughout the state, and the licensee shall be entitled to perform the work of a master [or] plumber, journeyman plumber, or water treatment technician, as the case may be, anywhere within the state without any payment or additional fee. Each applicant for a license shall present to the secretary of the board on a blank furnished by the board a written application for license, containing such information as the board may require, accompanied by the required fee. Such examinations shall be held at such times and places as the board shall determine. The scope of such examinations and the methods of procedure shall be prescribed by the board, provided that the scope of examination of water treatment technicians shall be limited to the configuration and installation of water treatment systems and the provisions of this chapter and the rules adopted by the board that relate to water treatment systems.

5 Licenses; Master Plumbers. Amend RSA 329-A:8 to read as follows:

329-A:8 Licenses; Master Plumbers. Any person who, having held a journeyman plumber's license for at least 6 months, shall, upon the payment of a fee established by the board, be entitled to an examination and, if found qualified by a majority of the board members, be licensed as a master plumber. A license issued under this section shall be publicly displayed at the licensee's principal place of business for as long as such business continues. Any person refused a license may be reexamined [at any subsequent meeting of the board within one year of the time of the refusal without additional fee and thereafter may be examined] as often as [he] such person may desire upon payment of a fee established by the board.

6 Licenses; Journeyman Plumbers. Amend RSA 329-A:9 to read as follows:

329-A:9 Licenses; Journeyman Plumbers. Any person who, having successfully completed his or her apprenticeship in plumbing, has received an official completion certificate from the organization conducting the program shall, upon payment of a fee established by the board, be entitled to examination and, if found qualified by a majority of the board members, be licensed as a journeyman plumber. A license issued under this section shall be carried on the person licensed and displayed at any time upon request. Any journeyman plumber refused a license may be reexamined [at any subsequent meeting of the board within one year of the time of the refusal without additional fee and thereafter may be examined] as often as he or she may desire upon payment of a fee established by the board.

7 New Section; Examinations; Water Treatment Technicians. Amend RSA 329-A by inserting after section 9 the following new section:

329-A:9-a Licenses; Water Treatment Technicians. Any person who has acted as a water treatment trainee for a period of not less than one year shall, upon payment of a fee established by the board, be entitled to examination and, upon achieving the passing score on the examination, be licensed as a water treatment technician. A license issued under this section shall be carried on the person licensed and displayed at any time upon request. Any person failing to achieve the passing score on the examination may be examined as often as he or she may desire upon payment of a fee established by the board. The scope of such examination and the methods of procedure shall be prescribed by the board, provided, however, that the scope of the examination of water treatment technicians shall be limited to the configuration and installation of water treatment systems and the provisions of this chapter and the rules adopted by the board that relate to water treatment systems.

8 New Paragraphs; Licenses Without Examination. Amend RSA 329-A:10 by inserting after paragraph III the following new paragraphs:

IV. A corporation, partnership, limited liability company, or other business entity that installs, maintains or repairs water treatment systems, provided the entity designates one employee licensed under this chapter who is responsible for the entity's compliance with this chapter and the rules adopted by the board. Within 30 days after termination of employment of such employee by such entity, he or she shall give notice thereof to the board and, if no other employee licensed under this chapter, the entity shall not act as a water treatment technician until some other employee has obtained a license. Notwithstanding any other provision of this chapter, the board shall not require a fee for an entity that installs, maintains or repairs water treatment systems where the person licensed under this chapter is the sole owner of the entity.

V. A person for an identification card as a water treatment trainee.

9 Water Treatment Technician License; Renewal. Amend RSA 329-A:11 to read as follows:

329-A:11 Expiration and Renewal. Notwithstanding any outstanding license to the contrary, all licenses issued by the board shall expire on the last day of the month of the licensee's birth, but may be renewed during the following month, retroactive to the first day of the month. The fee for renewal of all licenses issued under this chapter shall be established by the board. Upon failure to pay the renewal fee within the required period, a licensee may renew his license by submitting the required fee plus $10 before the last day of the second month following the month of his birth. Any application received thereafter shall be rejected, unless accompanied by proof of successful completion of the examination required under RSA 329-A:7. A water treatment technician shall attend one seminar of at least 2 hours duration before his or her license is renewed

10 Exceptions. Amend RSA 329-A:13, V to read as follows:

V. To persons engaged in the installation of any heating, cooling, air conditioning or domestic water heating systems, whether solar, oil, gas or electric, and persons engaged in the installation and servicing of [water softeners or] swimming pools.

11 New Paragraph; Penalties. Amend RSA 329-A:18 by inserting after paragraph I the following new paragraph:

I-a. Any person, corporation, partnership, limited liability company or other legal entity that installs, maintains or repairs water treatment systems without first having obtained a license issued under this chapter or which employs a person who installs, maintains or repairs water treatment systems who has no such license, unless he or she is an apprentice or water treatment trainee, or procures any license wrongfully or by fraud, shall be guilty of a violation.

12 Transition. Notwithstanding RSA 329-A:9-a, no person shall be required to take an examination to obtain licensure as a water treatment technician under RSA 329-A if prior to January 1, 2005 such person files with the state board for the licensing and regulation of plumbers a statement sworn or affirmed before a notary or other person authorized to administer oaths that he or she has been engaged in the installation, maintenance, or repair of water treatment systems. Any person who files such a statement with the state board for the licensing and regulation of plumbers shall be deemed qualified to be licensed as a water treatment technician unless, after a public hearing, the board finds the person's knowledge and understanding of, and experience with the configuration and installation of water treatment systems are questionable enough to require examination as required under RSA 329-A:9-a Such person shall be entitled to retain his or her license as a water treatment technician unless and until he or she fails to achieve a passing score on the examination for water treatment technicians. Notwithstanding RSA 329-A, no fee shall be charged nor shall continuing education be required for the annual renewal of the license granted to a water treatment system technician if under RSA 329-A:11 such license expires on or before September 30, 2004.

13 New Paragraph; Exceptions. Amend RSA 329-A:13 by inserting after paragraph VI the following new paragraph:

VII. To employees of public drinking water systems and public water system operators certified by the department of environmental services for drinking water treatment.

14 Effective Date.

I. Section 2 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect January 1, 2004.

LBAO

03-1117

Revised 2/10/03

SB 148 FISCAL NOTE

FISCAL IMPACT:

METHODOLOGY: