CHAPTER
Plu 100 ORGANIZATIONAL RULES
PART
Plu 101 PURPOSE OF ADMINISTRATIVE RULES OF THE BOARD
Plu 101.01 Purpose. The board's administrative rules set forth
the organization of the board, describe the board’s practices and procedures,
establish the qualifications of master plumbers, journeyman plumbers and water treatment
technicians, establish requirements for the issuance of plumbers’
licenses and water treatment technician certifications, set forth continuing
education requirements for the renewal of licenses and certifications,
establish ethical standards for the professions governed by the board and
otherwise implement the provisions of RSA 329-A.
Source. #2733, eff 5-31-84 EXPIRED: 5-31-90
New. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8487, eff 11-17-05; ss by #8980, eff 9-20-07
PART
102 DEFINITIONS
Plu 102.01
“Apprentice” means “apprentice” as defined in RSA 329-A:2, III, namely,
“any person who is engaged in learning and assisting in the installation of
plumbing and drainage under an apprenticeship program that meets the
requirements of the state apprenticeship council established in RSA 278.”
Source. #2069, eff 7-1-82; ss by #2733, eff 5-31-84,
EXPIRED: 5-31-90
New. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8487, eff 11-17-05; ss by #8980, eff 9-20-07
Plu 102.02 “Board” shall mean the state board for the
licensing and regulation of plumbers established by RSA 329-A:3.
Source. #2733, eff 5-31-84, EXPIRED: 5-31-90
New. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8487, eff 11-17-05; ss by #8980, eff 9-20-07 (from Plu 102.01)
Plu 102.03
“Journeyman plumber” means “journeyman plumber” as defined in RSA
329-A:2, II, namely, "any person who customarily performs the work of
installing plumbing and drainage under the direction of a master plumber."
Source. #8487,
eff 11-17-05; ss by #8980, eff
9-20-07 (from Plu 102.02)
Plu 102.04 “Master
plumber” means “master plumber as defined in RSA 329-A:2, I, namely "any
person, firm, corporation, or limited liability company that, as a business,
hires or employs a person or persons to do plumbing work, or, without hiring
any person, does that work as a principal business or as auxiliary to a
principal business for his or its own account."
Source. #8487,
eff 11-17-05; ss by #8980, eff
9-20-07 (from Plu 102.03)
Plu 102.05
“Plumbing” means “plumbing” as defined in RSA 329-A:2, IV.
Source. #8487,
eff 11-17-05; ss by #8980, eff
9-20-07 (from Plu 102.04)
Plu 102.06 “State
plumbing code” means that portion of the
Source. #8980,
eff 9-20-07
Plu 102.07 “Water
treatment system” means “water treatment system” as defined in RSA 329-A:2, VI,
namely, "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."
Source. #8980,
eff 9-20-07
Plu 102.08 “Water
treatment technician” means “water treatment technician” as defined in RSA
329-A:2, VII, namely, “any person who installs, maintains or repairs water
treatment systems.”
Source. #8980,
eff 9-20-07 (from Plu 102.05)
Plu 102.09 “Water
treatment trainee” means “water treatment trainee” as defined in RSA 329-A:2,
VIII, namely, “any person who is engaged in learning about and assisting in
installing, maintaining, or repairing water treatment systems under the direct
supervision of a water treatment technician certified under this chapter.”
Source. #8980,
eff 9-20-07
PART
Plu 103 DESCRIPTION OF THE BOARD
Plu 103.01 Composition of the Board.
(a) The board shall
consist of 5 members, as described in RSA 329-A:3, I, specifically, 3 licensed
plumbers, one of whom may be a journeyman plumber, and 2 public members.
(b) Pursuant to RSA
329-A:3, members of the board are appointed by the governor, with the approval
of the council, to a term of 5 years, with a limit of 2 consecutive terms
Source. #8487,
eff 11-17-05; ss by #8980, eff
9-20-07
Plu
103.02 Meetings of the Board.
(a) The board shall elect a chair, vice-chair and
secretary at its annual meeting.
(b) The chair shall preside over all meetings of
the board.
(c) In the absence of the chair at a meeting of
the board, the vice chair shall preside.
(d) Pursuant to RSA 329-A:5, the board shall meet
at least 4 times annually and may meet more frequently if the business of the
board so requires.
(e) The annual meeting of the board shall be the
first regular meeting held in each state fiscal year.
(f) Meetings of the board shall be open to the
public to the extent required by RSA 91-A, and notice of board meetings shall
be posted at the board’s office and at the offices of 2 municipalities.
Source. #8487,
eff 11-17-05; ss by #8980, eff
9-20-07
Plu 103.03 Record
of Official Actions.
(a) Minutes shall be
kept of all board meetings and of all official actions taken by the board.
(b) Minutes shall
record those members who participate in each vote and shall separately record
the position of any members who choose to dissent, abstain or concur.
(c) Minutes shall be
public records to the extent provided by RSA 91-A and shall be available for
inspection in accordance with the terms of RSA 91-A: 4.
Source. #8487,
eff 11-17-05; ss by #8980, eff
9-20-07
Plu 103.04 Duties
of the Board. It is the duty of the
board, consistent with its statutory purpose to protect and improve the general
health and welfare in the field of environmental sanitation of the people of
the state of
(a) License, and
renew the licenses of, individuals and businesses qualified for licensure as
master plumbers, and license and renew the licenses of individuals qualified
for licensure as journeyman plumbers;
(b) Certify, and
renew the certification of, individuals and businesses qualified for
certification as water treatment technicians;
(c) Issue
identification cards to plumbing apprentices; and
(d) Regulate and
take disciplinary action against plumbing licensees and individuals and
businesses certified as water treatment technicians, when they have:
(1) Engaged in the misconduct set forth in RSA
329-A:12, II; or
(2) Violated the state plumbing code.
Source. #8487,
eff 11-17-05; ss by #8980, eff
9-20-07
PART Plu 104 PUBLIC REQUESTS FOR INFORMATION
Plu 104.01 Office
Location; Mailing Address; Telephone, Fax and TTY Numbers.
(a) The board's
office location and mailing address is:
(b) The board’s
telephone number is 603 271-3267.
(c) The board’s fax
number is 603 271-6656
(d) Access for
in-state TTY/TDD users is through Relay New Hampshire by dialing 711 or by
dialing 1-800-735-2964.
(e) Correspondence,
filings and other communications intended for the board shall be addressed to
"Administrator, New Hampshire Board for the Licensing and Regulation of
Plumbers" at the location stated in (a) above.
(f) Information can
be obtained from the board by calling the telephone numbers stated in
paragraphs (b) and (d).
Source. #8487,
eff 11-17-05; ss by #8980, eff
9-20-07
Plu 104.02 Custodian of Records; Inspection and Copies
of Records.
(a) The board's
administrative office staff shall be the custodian of the board's records, and
shall make available, upon request, those records which are subject to public
inspection under RSA 91-A.
(b) Persons desiring
to inspect or obtain copies of board records shall identify as specifically as
possible the information being sought.
(c) Persons desiring
copies of board records shall pay the actual costs of copying.
(d) If records are
requested which contain both public information and information exempt from
disclosure pursuant to RSA 91-A or other law, the board shall delete the
information exempt from disclosure and provide the remaining information,
unless otherwise ordered by a court of competent jurisdiction.
Source. #8487,
eff 11-17-05; ss by #8980, eff
9-20-07
CHAPTER
Plu 200 PROCEDURAL RULES
PART
Plu 201 DEFINITIONS
Plu 201.01 Definitions.
(a)
“Adjudicative proceeding” means “adjudicative proceeding” as defined in
RSA 541-A: 1,
(b)
“Appearance” means a written notification to the board that a party, an
intervenor or the representative of a party or intervenor intends to actively
participate in an adjudicative proceeding.
(c)
“Board” means the state board for the licensing and regulation of
plumbers established by RSA 329-A:3.
(d)
“Contested case” means “contested case” as defined in RSA 541-A:1, IV,
namely, “a proceeding in which the legal rights, duties, or privileges of a
party are required by law to be determined by an agency after notice and an
opportunity for hearing.”
(e)
“Declaratory ruling” means “declaratory ruling” as defined in RSA
541-A:1, V, namely, “an agency ruling as to the specific applicability of any
statutory provision or of any rule or order of the agency.”
(f)
“Intervenor” means a person without the status of a party but
participating in an adjudicative proceeding to the extent permitted by the
presiding officer acting pursuant to RSA 541-A:32.
(g)
“Motion” means a request to the presiding officer for an order or ruling
directing some act to be done in favor of the proponent of the motion,
including a statement of justification or reasons for the request.
(h) “Order” means “order” as defined
in RSA 541-A:1, XI, namely, “the whole or part of an agency's final disposition
of a matter, other than a rule, but does not include an agency's decision to
initiate, postpone, investigate or process any matter, or to issue a complaint
or citation.”
(i)
“Party” means “party” as defined by RSA 541-A:1, XII, namely, "each
person or agency named or admitted as a party, or properly seeking and entitled
as a right to be admitted as a party.”
(j)
“Person” means any individual, partnership, corporation, association,
governmental subdivision or public or private organization of any character
other than the board.
(k)
“Presiding officer” means the individual to whom the board has given the
authority to preside over a proceeding.
(l)
“Proof by a preponderance of the evidence” means a demonstration by
admissible evidence that a fact or legal conclusion is more probably true than
not.
(m)
“Public comment hearing” means a hearing held pursuant to RSA 541-A:11.
(n)
“Record” means, in a contested case, the materials set forth in RSA
541-A:31, VI.
(o)
“Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.
Source. #2733, eff 5-31-84; ss by #4264, eff 6-8-87;
ss by #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8464,
eff 10-28-05
PART
Plu 202 COMPLAINTS OF MISCONDUCT
Plu 202.01 Procedures for Submission of Complaints of
Misconduct by Plumbing Licensees and Certified Water Treatment Technicians.
(a)
Persons wishing to complain of misconduct by a plumbing licensee or a
certified water treatment technician shall submit to the board:
(1) A signed and dated complaint form which
includes the information described in (b) below; and
(2) If available, written contracts, bills of
sale, statements of guarantee and other documents relating to the work
complained about.
(b)
On the complaint form submitted pursuant to (a)(1) above the complainant
shall provide:
(1) The address of the building which is the
location of the work complained about;
(2) If known, the name of the owner of that
building;
(3) The name, mailing address and phone number of
the complainant;
(4) The name and license or certification number
of the individual performing the work complained about;
(5) If known, the address of the individual
performing the work complained about;
(6) A written statement of the complaint; and
(7) Information about any legal action initiated
by the complainant and related to the same complaint.
(c)
The board shall dismiss any complaint, either before or after
investigation, when it determines that:
(1) The board has no authority to regulate the
actions or omissions complained of; or
(2) There is nothing in the complaint to suggest
that the actions or omissions complained of constitute misconduct under RSA
329-A, the rules or any order of the board, or any statute within the authority
of the board to enforce.
(d)
The board shall issue a written statement to a complainant whose
complaint it has dismissed, including:
(1) Notice of, and the reason for, the dismissal;
and
(2) A statement of the complainant’s right to
challenge the dismissal through a hearing in accordance with this chapter.
Source. #2733, eff 5-31-84; ss by #4264, eff 6-8-87;
ss by #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8465, eff 10-28-05; ss by #9140, eff 4-25-08
PART
Plu 203 DISPUTE RESOLUTION AND
CONSTRUCTION OF RULES
Plu 203.01 Principles of Dispute Resolution. The board shall resolve by agreement or by a
decision all disputes about non-criminal matters within the scope of RSA 329-A
and the administrative rules implementing that statute.
Source. #2069, eff 7-1-82; ss by #2733, eff 5-31-84;
ss by #4264, eff 6-8-87; ss by #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8464,
eff 10-28-05
Plu 203.02 Construction of Rules. Parts Plu 203 - Plu 211 shall be construed to
secure the just, accurate and efficient resolution of all disputes.
Source. #2069, eff 7-1-82; ss by #2733, eff 5-31-84;
ss by #4264, eff 6-8-87; ss by #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8464,
eff 10-28-05
Plu 203.03 Right to A Hearing. Any person having a dispute with the board
shall be entitled to a hearing of the dispute if:
(a)
The legal rights, duties or privileges of that person will be determined
in the course of deciding the outcome of the dispute; and
(b)
Constitutional, statutory or case law requires the board to hold a
hearing before determination of those rights, duties or privileges.
Source.
#8464, eff 10-28-05
PART
Plu 204 CONDUCT OF HEARINGS BY PRESIDING
OFFICER; WAIVER OF RULES
Plu 204.01 Presiding Officer.
(a)
Hearings shall be conducted by a presiding officer designated by the
board.
(b)
The presiding officer shall as necessary:
(1) Regulate and control the course of the
hearing;
(2) Facilitate settlement of the dispute that is
the subject of the hearing;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence and exclude
irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests at the request of
a party or intervenor or on the presiding officer's own motion;
(6) Question anyone who testifies to the extent required
to make a full and fair record;
(7) Arrange for recording the hearing as
specified in RSA 541-A:31, VII; and
(8) Take any other action consistent with
applicable statutes, rules and case law necessary to conduct the hearing and
complete the record in a fair and timely manner.
Source. #4264, eff 6-8-87; ss by #5213, eff 8-28-91,
EXPIRED: 8-28-97
New. #8464,
10-28-05
Plu 204.02 Withdrawal of Presiding Officer.
(a)
Upon his or her own initiative or upon the motion of any party or
intervenor, the presiding officer shall withdraw from any adjudicative
proceeding for good cause.
(b)
Good cause shall exist if the presiding officer:
(1) Has a direct interest in the outcome of the matter,
including but not limited to, a financial or family relationship with any party
or intervenor;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of the case.
(c)
Mere knowledge of the issues or acquaintance with any party, intervenor
or witness shall not constitute good cause for withdrawal.
Source. #4264, eff 6-8-87; ss by #5213, eff 8-28-91,
EXPIRED: 8-28-97 (See Plu 204.01)
New. #8464, 10-28-05
Plu 204.03 Waiver or Suspension of Rules by Presiding
Officer. The presiding officer, upon
the motion of any party or intervenor, or on his or her own initiative, shall
suspend or waive any requirement or limitation imposed by this chapter when the
suspension or waiver:
(a)
Appears to be lawful; and
(b)
Is more likely to promote the just, accurate and efficient resolution of
the pending dispute than would adherence to a particular rule or procedure.
Source. #4264, eff 6-8-87; ss by #5213, eff 8-28-91
EXPIRED: 8-28-97 (See Plu 204.02)
New. #8464,
eff 10-28-05
PART
Plu 205 TIME PERIODS
Plu 205.01 Computation of Time.
(a)
Unless otherwise specified, the unit of time for time periods referenced
in this chapter shall be calendar days.
(b)
Computation of any period of time referred to in this chapter shall
begin with the day after the action which sets the time period in motion, and
shall include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or
a legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #8464,
eff 10-28-05
PART
Plu 206 FILING, FORMAT AND DELIVERY OF
DOCUMENTS
Plu 206.01 Date of Issuance or Filing.
(a)
All written documents governed by this chapter shall be rebuttably
presumed to have been issued on the date noted on the document.
(b)
All written documents governed by this chapter shall be rebuttably
presumed to have been filed with the board on the date of receipt, as evidenced
by a date placed on the document by the board or its staff in the normal course
of business.
Source. #8464,
eff 10-28-05
Plu 206.02 Format of Documents.
(a)
All correspondence, pleadings, motions or other documents filed shall:
(1) Include the title and docket number of the
case, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the proponent of the document,
or, if the proponent appears by a representative, by the representative; and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties and intervenors in compliance
with Plu 206.03.
(b)
The signature of a party or intervenor or the representative of the
party or the intervenor on a document filed with the board shall constitute
certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer's knowledge,
information and belief there are good and sufficient grounds to support it; and
(4) The document has not been filed for purposes
of delay.
Source. #8464,
eff 10-28-05
Plu 206.03 Delivery of Documents.
(a)
Copies of all motions, exhibits, memoranda, or other documents filed by
any party or intervenor shall be delivered by that party or intervenor to the
board and to all other parties and intervenors.
(b)
All notices, orders, decisions or other documents issued by the
presiding officer or the board shall be delivered to all parties and
intervenors.
(c)
Delivery of documents relating to a proceeding shall be made either in
hand or by depositing into the
(1) The name of the person intended to receive
the document;
(2) The full address, including zip code, last
provided to the board by such person; and
(3) Prepaid first class postage.
(d)
When a party or intervenor appears by a representative, delivery of a
document to the party's or intervenor’s representative either in hand or at the
address stated on the appearance filed by the representative shall constitute
delivery to the party or intervenor.
Source. #8464,
eff 10-28-05
PART
Plu 207 MOTIONS AND OBJECTIONS
Plu 207.01 Motions; Objections to Motions; Ruling on
Motions.
(a)
Motions shall be in written form and filed with the presiding officer,
unless made in response to a matter asserted for the first time at a hearing or
based on information that was not received in time to prepare a written motion.
(b)
Oral motions and any oral objections to such motions shall be recorded
in full in the record of the hearing. If the presiding officer finds that the
motion requires additional information in order to be fully and fairly
considered, the presiding officer shall direct the proponent to submit the
motion in writing and provide supporting information.
(c)
Except as otherwise provided in this chapter, objections to written
motions shall be filed within 10 days of the date of the motion.
(d)
The board shall grant extensions of time for the filing of objections
only for good cause.
(e)
For the purposes of (d) above, good cause shall include:
(1) Circumstances not within the control of the
party or intervenor requesting the extension that render the party or
intervenor unable to file an objection within the normal period for objection;
and
(2) Circumstances that otherwise demonstrate that
an extension would assist the board in fully and fairly understanding and
resolving the issues presented in the motion.
(f)
Failure by an opposing party or an intervenor to object to a motion
shall not in and of itself constitute grounds for granting the motion.
(g)
When necessary to obtain information or clarify an issue relating to the
proceedings, the presiding officer shall hold a hearing on the motion.
(h)
The presiding officer shall rule upon a motion after full consideration
of all objections and applicable law.
Source. #8464,
eff 10-28-05
PART
Plu 208 COMMENCEMENT OF ADJUDICATIVE
PROCEEDINGS; APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING
Plu 208.01 Commencement of Adjudicative Proceedings.
(a)
An adjudicative proceeding shall be commenced by:
(1) An order of the board giving the parties the
notice specified in (b) below; and
(2) In the case of a proceeding relating to the
board's emergency suspension of a license, the notice specified in (b) below
together with the order issued pursuant to Plu 208.02(a).
(b)
The notice of hearing shall contain:
(1) A statement of the time, place and nature of
the hearing;
(2) A statement of the legal authority under
which the hearing is to be held;
(3) A reference to the applicable statutes and
rules;
(4) A short and plain statement of the issues
presented;
(5) A statement that each party has the right to
have representation by an attorney at the party’s own expense;
(6) The name of the presiding officer;
(7) In the case of a hearing not related to the
board's emergency suspension of a license, the statement that:
a. The licensee or certificate holder has the
right to have the board provide a certified shorthand court reporter at the
expense of the licensee or certificate holder;
b. The request of the licensee or certificate
holder for a certified shorthand court reporter shall be submitted in writing
at least 10 days before the beginning of the hearing; and
c. The licensee or certificate holder shall provide
the board with a free copy of any transcript produced; and
(8) In the case of a hearing related to the
board's emergency suspension of a license pursuant to Plu 208.02, the statement
that the board shall provide a certified shorthand court reporter at the
board's expense.
Source. #8464,
eff 10-28-05; ss by #9141, eff 4-25-08
Plu 208.02 Procedure for Emergency Suspension of
Licenses.
(a)
Upon a finding that public health, safety or welfare requires emergency
action, the board shall immediately and pending a hearing suspend a license by
issuing a written order of suspension incorporating the finding.
(b)
The board shall commence a hearing no later than 10 working days after
the issuance of an order pursuant to (a) above.
(c) Unless the 10-day deadline in (b) above is
expressly waived by the licensee, the failure of the board to meet the deadline
shall result in the automatic vacating of the order of license suspension.
(d)
After the vacating of the order pursuant to (c) above, the board shall
not again suspend the license on the basis of the same conduct which formed the
basis for the vacated order without giving the licensee prior notice and the
opportunity for a hearing.
(e)
The recording of a hearing on the emergency suspension of a license
shall be made by a certified shorthand court reporter provided and paid for by
the board.
Source. #8464,
eff 10-28-05
Plu 208.03 Appearances.
(a)
An appearance shall be filed by:
(1) Each party or the party's representative, if
any; and
(2) Each intervenor or the intervenor's
representative, if any.
(b)
The appearance shall contain the following information:
(1) The docket number assigned by the board, or a
brief identification of the case;
(2) The daytime address and telephone number of
the person filing the appearance; and
(3) If applicable, the daytime address and
telephone number of the party or intervenor represented by the person filing
the appearance.
(c)
The appearance shall be updated whenever there is a change in the
address or telephone number of a person identified in the appearance.
Source. #8464,
eff 10-28-05
Plu 208.04 Prehearing Conference.
(a)
A prehearing conference shall be scheduled on the request of any party
or intervenor, or on the initiative of the presiding officer if the presiding
officer determines that to do so would facilitate the proceedings or encourage
resolution of the dispute.
(b)
A prehearing conference shall address one or more of the following:
(1) Offers of settlement;
(2) Simplification of the issues;
(3) Stipulations or admissions as to issues of
fact or proof;
(4) Limitations on the number of witnesses;
(5) Changes to standard hearing procedures;
(6) Consolidation of examination of witnesses;
and
(7) Any other matters that advance the efficiency
of the proceedings.
Source. #8464,
eff 10-28-05
Plu 208.05 Recording the Hearing.
(a)
Except in the circumstances described in (b) below, the presiding officer
shall record the hearing by tape recording or any other method that will
provide a verbatim record.
(b)
A hearing on the immediate suspension of a license pursuant to RSA
541-A:30, III shall be recorded by a certified shorthand court reporter provided
by the board.
(c)
If any person requests a written transcript of a tape recording of a
hearing, the following procedure shall apply:
(1) The board shall ascertain the estimated cost
of the transcript and convey that information to the person making the request;
(2) Upon the receipt of the estimated cost, the
person making the request shall advise the board whether he or she wishes to
order the written transcript;
(3) If the person wishes to order the transcript,
he or she shall forward payment for the estimated cost to the board;
(4) Upon receipt of payment for the estimated
cost of the transcript, the board shall arrange for the preparation of the
transcript and, upon the completion of the transcript, shall ascertain the
final cost;
(5) If the final cost of the transcript is less
than the estimated cost, the board shall return the excess payment to the
person with the transcript;
(6) If the final cost of the transcript is in
excess of the estimated cost, the person requesting the transcript shall pay to
the board the additional amount; and
(7) Upon receipt of payment in full for the final
amount, the board shall forward the transcript to the person.
Source. #8464,
eff 10-28-05
PART
Plu 209 INTERVENTION; ROLES OF
COMPLAINANTS AND BOARD STAFF
Plu 209.01 Intervention Procedure.
(a)
Petitions for intervention shall:
(1) Describe in writing the petitioner's interest
in the subject matter of the proceedings;
(2) Be submitted to the presiding officer; and
(3) Be mailed in copy form to all parties
identified in the notice commencing the hearing.
(b)
A petition for intervention shall be granted by the presiding officer if
the petitioner complied with (a) above at least 3 days before the hearing and
the presiding officer determines that:
(1) The petition states facts demonstrating that
the petitioner's rights, duties, privileges, immunities or other substantial
interests might be affected by the proceedings or the petitioner qualifies as
an intervenor under law; and
(2) The intervention sought would not impair the
interests of justice and the orderly and prompt conduct of the proceedings.
(c)
The presiding officer shall grant a petition for intervention at any
time if:
(1) The petitioner complied with (a) above; and
(2) The presiding officer determines that the
intervention sought would be in the interests of justice and would not impair
the orderly and prompt conduct of the proceedings.
Source. #8464,
eff 10-28-05
Plu 209.02 Effect of Intervention and Rights of an
Intervenor.
(a)
Approval of intervention by the presiding officer shall apply only to
the proceeding in which the petition for intervention was granted.
(b)
Notwithstanding the provisions of this chapter, an intervenor’s right to
participate in an adjudicative proceeding shall be subject to any limitations
or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.
(c)
An intervenor shall take the proceedings as he or she finds them and no
portion of the proceeding shall be repeated because of the fact of
intervention.
Source. #8464,
eff 10-28-05
Plu 209.03 Role of Complainants and Board Staff.
(a)
Complainants alleging misconduct by a licensee or certificate holder
shall have no role in any hearing other than that of witness unless they petition
for, and are granted, the right to intervene.
(b)
Board staff, the board’s attorney, or another representative of the
board shall:
(1) Investigate disputes about matters within the
scope of RSA 329-A and the administrative rules implementing that statute;
(2) Present the results of investigations to the
board at adjudicative hearings or during informal dispute resolution; and
(3) Present, or solicit from witnesses, such
testimony as is required by the board to resolve the issues raised in
adjudicative hearings.
Source. #8464,
eff 10-28-05; ss by #9141, eff 4-25-08
PART
Plu 210 CONTINUANCES AND FAILURE TO
ATTEND HEARING
Plu 210.01 Continuances.
(a)
Any party or intervenor may make an oral or written motion that a
hearing be delayed or continued to a later date or time.
(b)
A motion for a delay or a continuance shall be granted if the presiding
officer determines that there is good cause to do so.
(c)
Good cause shall include:
(1) The unavailability of parties, intervenors,
witnesses or attorneys necessary to conduct the hearing;
(2) The likelihood that a settlement will make
the hearing or its continuation unnecessary; or
(3) Any other circumstances that demonstrate that
a delay or continuance would assist in resolving the case fairly.
(d)
If the later date, time and place are known when the hearing is being
delayed or continued, the information shall be stated on the record. If the
later date, time and place are not known at that time, the presiding officer
shall as soon as practicable issue a written scheduling order stating the date,
time and place of the delayed or continued hearing.
Source. #8464,
eff 10-28-05
Plu 210.02 Failure of a Party to Attend or
Participate in the Hearing.
(a)
A party shall be in default if the party:
(1) Has the overall burden of proof;
(2) Has been given notice in accordance with Plu
208.01; and
(3) Fails to attend the hearing, unless the
failure to attend the hearing is the result of accident, injury, illness or
other event beyond the party's control.
(b)
If a party is in default under (a) above, the case shall be dismissed.
(c)
If a party who does not have the overall burden of proof fails to attend
a hearing after having been given notice in accordance with Plu 208.01, the
testimony and evidence of any other parties or intervenors shall be received
and evaluated.
(d)
If a party who has the overall burden of proof attends a hearing but
fails to participate by presenting evidence or argument, a decision shall be
entered against that party.
Source. #8464,
eff 10-28-05
PART
Plu 211 REQUESTS FOR INFORMATION AND
DOCUMENTS
Plu 211.01 Voluntary Production of Information.
(a)
Each party and intervenor shall attempt in good faith to make complete
and timely response to requests for the voluntary production of information and
documents relevant to the hearing.
(b)
When a dispute arises concerning a request for the voluntary production
of information or documents, any party or intervenor may file a motion under
Plu 211.02 to compel the production of the requested information or documents.
Source. #8464,
eff 10-28-05
Plu 211.02 Motions to Compel Production of
Information and Documents.
(a)
Any party or intervenor may make a motion seeking an order for compliance
with an information or document request. The motion shall be filed at least 30
days before the date scheduled for the hearing, or as soon as possible after
receiving the notice of the hearing if such notice is issued less than 30 days
in advance of the hearing.
(b)
The motion to compel shall:
(1) Set forth in detail those facts which justify
the request for information or documents; and
(2) List with specificity the information or
documents being sought.
(c)
Objections to motions to compel shall be filed within 10 days of the
delivery of the motion.
(d)
The presiding officer shall grant the motion to compel if its proponent
has demonstrated that an order for compliance is necessary for a full and fair
presentation of evidence at the hearing.
Source. #8464,
eff 10-28-05
Plu 211.03 Mandatory Pre-Hearing Disclosure of
Witnesses and Exhibits. At least 5
days before the hearing, the parties and intervenors shall provide to the other
parties and intervenors:
(a)
A list of all witnesses to be called at the hearing containing the names
of the witnesses, their addresses and their telephone numbers;
(b)
Brief summaries of the testimony of the witnesses to be called;
(c)
A list of all documents and exhibits to be offered as evidence at the
hearing;
(d)
A copy of each document intended to be offered as evidence at the
hearing; and
(e)
An offer to allow the inspection of non-documentary exhibits intended to
be offered as evidence at the hearing at times and places of convenience to the
parties and intervernors.
Source. #8464,
eff 10-28-05
PART
Plu 212 HEARING PROCEDURE
Plu 212.01 Standard and Burden of Proof. The party or intervenor asserting a
proposition shall bear the burden of proving the truth of the proposition by a
preponderance of the evidence.
Source. #8464,
eff 10-28-05
Plu 212.02 Order of Testimony; Cross-Examination.
(a)
Any individual offering testimony, evidence or arguments shall state for
the record his or her name and role in the hearing. If the individual is
representing another person, the person being represented shall also be identified.
(b)
Testimony on behalf of the parties shall be offered in the following
order:
(1) The testimony of the party or parties bearing
the overall burden of proof and such witnesses as such party or parties may
call; and
(2) Thereafter, the testimony of the party or
parties opposing the party who bears the overall burden of proof and such
witnesses as such party or parties may call.
(c)
The testimony of intervenors and such witnesses as such intervenors may
be allowed to call shall be offered at the time directed by the presiding
officer.
(d)
Each party may cross-examine any witnesses offered against that party.
(e)
The right of an intervenor to cross-examine witnesses shall be
determined by the presiding officer.
Source. #8464,
eff 10-28-05
Plu 212.03 Evidence.
(a)
Receipt of evidence shall be governed by the provisions of RSA 541-A:33.
(b)
All rules of privilege recognized under the laws of the state of
(c)
All documents, materials and objects offered as exhibits shall be
admitted into evidence unless excluded by the presiding officer as irrelevant,
immaterial, unduly repetitious or legally privileged.
(d)
All objections to the admissibility of evidence shall be stated as early
as possible in the hearing, but not later than the time when the evidence is
offered.
(e)
Transcripts of testimony as well as documents, materials and objects admitted
into evidence shall be public records unless the presiding officer determines
that all or part of them is exempt from disclosure under RSA 91-A:5 or
applicable case law.
Source. #8464,
eff 10-28-05
Plu 212.04 Proposed Findings of Fact and Conclusions
of Law.
(a)
Any party or intervenor may submit proposed findings of fact and
conclusions of law.
(b)
The board shall allow a party or intervenor to file more than a combined
total of 25 proposed findings of fact and conclusions of law if:
(1) At least 10 days prior to the hearing, the
party or intervenor files a request to exceed 25 findings of fact and rulings
of law; and
(2) The board finds that the filing of more than
25 findings of fact and rulings of law would assist in clarifying the issues.
(c)
The presiding officer shall require the submission of proposed findings
of fact and rulings of law and specify a deadline after the close of the
hearing for their submission when:
(1) Any party or intervenor has requested such
action;
(2) The presiding officer is required by Plu
212.07(c)(3) to make findings of fact and rulings of law; or
(3) The presiding officer determines that proposed
findings of fact and rulings of law would clarify the issues presented at the
hearing.
(d)
In any case where proposed findings of fact and rulings of law are
submitted, the decision shall include rulings on the proposals
Source. #8464,
eff 10-28-05
Plu 212.05 Closing the Record. After the conclusion of the hearing and the
filing of such post-hearing submissions as may be ordered by the presiding
officer, the record shall be closed and no additional evidence shall be
received into the record except as allowed by Plu 211.06.
Source. #8464,
eff 10-28-05
Plu 212.06 Reopening the Record.
(a)
If no written proposal for decision pursuant to Plu 212.07(c) or final
decision pursuant to Plu 212.07(a) has been issued, any party or intervenor may
move to reopen the record for the inclusion in the record of specified evidence
or claims of law.
(b) A motion pursuant to (a) above shall be
granted if:
(1) There is no objection from any other party or
intervenor;
(2) The evidence sought to be included in the
record was not available at the time of the hearing or the claim of law was
inadvertently omitted; and
(3) The presiding officer determines that the
evidence or claim of law is relevant, material and non-duplicative and its
inclusion in the record is necessary to a full and fair consideration of the
issues to be decided.
(c)
If there is an objection from a party or intervenor to a motion made
pursuant to (a) above, the hearing shall be reopened for the purpose of
receiving evidence, permitting cross-examination and permitting argument on the
issue of reopening the record.
(d)
The presiding officer shall grant a motion made pursuant to (a) above
if, after the reopened hearing described in (c) above, the presiding officer
determines that the evidence sought to be included in the record was not
available at the time of the hearing or the claim of law was inadvertently
omitted and the evidence or claim of law is relevant, material and
non-duplicative and its inclusion in the record is necessary to a full and fair
consideration of the issues to be decided.
(e)
If the presiding officer permits the reopening of the record for the
admission of specified evidence or claim of law, the presiding officer shall
extend the hearing reopened pursuant to (c) for the purpose of receiving
evidence, permitting cross-examination and permitting argument on the substance
of the evidence or on the claim of law.
Source. #8464,
eff 10-28-05
Plu 212.07 Disposition.
(a)
The board shall issue a decision or order, whether or not the record has
been reopened pursuant to Plu 212.06, based on:
(1) A hearing attended by a quorum of the board;
(2) A written proposal for disposition meeting
the requirements of paragraph (d) below; or
(3) A hearing held pursuant to subparagraph
(e)(2) below.
(b)
The decision or order shall:
(1) Be in writing and dated; and
(2) Include findings of fact and rulings of law.
(c)
A board member shall not participate in the board's disposition if he or
she has not personally heard all of the testimony in the case, unless the
disposition does not depend on the credibility of any witness and the record
provides a reasonable basis for evaluating the testimony.
(d)
If a presiding officer has been delegated the authority to conduct the hearing,
the presiding officer shall submit to the board a written proposal for
disposition containing:
(1) The disposition proposed by the presiding
officer;
(2) A statement of the reasons for the proposed
disposition; and
(3) Findings of fact and rulings of law.
(e)
If a proposed disposition submitted pursuant to paragraph (d) is adverse
to a party or an intervenor, the board shall:
(1) Serve a copy of it on each party and
intervenor; and
(2) Provide an opportunity to file objections and
present briefs and oral arguments to the board.
(f)
The board shall keep a final decision in its records for at least 5
years following their dates of issuance, unless the director of the division of
records management and archives of the department of state sets a different
retention period pursuant to rules adopted under RSA 5:40.
Source. #8464,
eff 10-28-05
Plu 212.08 Rehearing.
(a)
Within 30 days of the board's decision or order, any party or person
directly affected may request rehearing of any matter determined in the
proceeding or covered by the decision or order by submitting a written motion
specifying:
(1) The issues to be considered at the rehearing;
and
(2) Every ground on which it is claimed that the
decision or order is unlawful or unreasonable.
(b)
An objection to a motion for rehearing shall be submitted within 5 days
of the submission of the motion.
(c)
Within 10 days of the submission of the motion for rehearing the board
shall:
(1) Grant the motion;
(2) Deny the motion; or
(3) Suspend the board's decision or order pending
further consideration.
(d)
The board shall grant the motion for rehearing if it determines that, in
the original hearing it:
(1) Incorrectly assessed the relevant evidence;
(2) Incorrectly applied the relevant law; or
(3) Otherwise failed substantially to comply with
this chapter or acted in a manner which was unlawful or unreasonable.
Source. #8464,
eff 10-28-05
Plu 212.09 Appeal. Pursuant to RSA 155-A:11-a any party
aggrieved by a final decision or order of the board shall appeal to the
building code review board established by RSA 155-A:10.
Source. #8464,
eff 10-28-05
PART
Plu 213 SETTLEMENTS
Plu 213.01 Settlement of Disciplinary Disputes.
(a)
Any licensee or certificate holder having a dispute with the board over a
disciplinary matter shall have the opportunity to settle some or all of the
issues if there is no dispute between the board and the licensee or certificate
holder about the material facts underlying the issues.
(b)
To be effective, an agreement to settle shall be:
(1) In writing;
(2) Signed by the licensee or certificate holder
and a member of the board; and
(3) After the signing, finalized as an order
issued by the board.
(c)
The signing by the licensee or certificate holder of an agreement to
settle shall constitute a waiver of the right of the licensee or certificate
holder to a hearing of the issues resolved by the agreement.
Source. #8465, eff 10-28-05; ss by 9140, eff 4-25-08
PART
Plu 214 RULEMAKING
Plu 214.01 Petitions for Rulemaking.
(a)
Any person may seek the adoption, amendment or repeal of a rule by
submitting to the board a petition pursuant to RSA 541-A:4.
(b)
Each petition for rulemaking shall contain:
(1) The name and address of the individual petitioner
or, if the request is that of an organization or other entity, the
identity of such organization or entity and the name and address of the
representative authorized by the entity to file the petition;
(2) A statement of the purpose of the petition,
whether the adoption, amendment or repeal of a rule;
(3) If amendment or adoption of a rule is sought,
the text proposed;
(4) If amendment or repeal of a rule is sought,
identification of the current rule sought to be amended or repealed;
(5) Reference to the statutory provision that
authorizes or supports the rulemaking petition; and
(6) Information or argument useful to the board
when deciding whether to begin the rulemaking process.
Source. #8464,
eff 10-28-05
Plu 214.02 Disposition of Petitions for Rulemaking.
(a)
The board shall request additional information or argument from the
petitioner for rulemaking or from others if such additional information or
argument is required to reach a decision.
(b)
The board shall grant the petition for rulemaking unless the adoption,
amendment or repeal sought would result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules one
with another; or
(5) Excessive burden upon the board in terms of
cost or a reduction in efficiency or effectiveness.
(c)
Within 30 days of receipt of a sufficient petition the board shall
dispose of it in the following manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d)
The denial of a petition for rulemaking shall not entitle the petitioner
to a hearing.
Source. #8464,
eff 10-28-05
PART
Plu 215 PUBLIC COMMENT HEARINGS
Plu 215.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #8464,
eff 10-28-05
Plu 215.02 Public Access and Participation.
(a)
Public comment hearings shall be open to the public, and members of the
public shall be entitled to testify, subject to the limitations of Plu 215.03.
(b)
People who wish to testify shall be asked to write on the speaker's
list:
(1) Their full names and addresses; and
(2) The names and addresses of organizations,
entities or other persons whom they represent, if any.
(c)
Written comments, which may be submitted in lieu of or in addition to
oral testimony, shall be accepted for 10 days after the adjournment of a
hearing or after the adjournment of a postponed or continued hearing.
Source. #8464,
eff 10-28-05
Plu 215.03 Limitations on Public Participation. The board's chair or other person designated
by the board to preside over a hearing shall:
(a)
Refuse to recognize for speaking or revoke the recognition of any person
who:
(1) Speaks or acts in an abusive or disruptive
manner;
(2) Fails to keep comments relevant to the
proposed rules that are the subject matter of the hearing; or
(3) Restates more than once what he or she has
already stated; and
(b)
Limit presentations on behalf of the same organization or entity to no
more than 3, provided that all those representing such organization or entity
may enter their names and addresses into the record as supporting the position
of the organization or entity.
Source. #8464,
eff 10-28-05
Plu 215.04 Media Access. Public comment hearings shall be open to
print and electronic media, subject to the following limitations when such
limitations are necessary to allow a hearing to go forward:
(a)
Limitation of the number of media representatives when their number
together with the number of members of the public present exceeds the capacity
of the hearing room;
(b)
Limitation on the placement of cameras to specific locations within the
hearing room; or
(c)
Prohibition of interviews conducted within the hearing room before or
during the hearing.
Source. #8464,
eff 10-28-05
Plu 215.05 Conduct of Public Comment Hearings.
(a)
Public comment hearings shall be attended by a quorum of the board.
(b)
Public comment hearings shall be presided over by the board chair or a
board member knowledgeable in the subject area of the proposed rules who has
been designated by the board to preside over the hearing.
(c)
The chair or other person presiding over a hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules that are the
subject matter of the hearing and provide copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who wish to be heard;
(5) If necessary, establish limits pursuant to
Plu 215.03 and Plu 215.04;
(6) If necessary to permit the hearing to go
forward in an orderly manner, effect the removal of a person who speaks or acts
in a manner that is personally abusive or otherwise disrupts the hearing;
(7) If necessary, postpone or move the hearing;
and
(8) Adjourn or continue the hearing.
(d)
A hearing shall be postponed under the following circumstances:
(1) In accordance with RSA 541-A:11, IV, when:
a. The weather is so inclement that it is
reasonable to conclude that members of the public wishing to attend the hearing
will be unable to do so;
b. There is no quorum of the board due to
illness or unavoidable absence; or
c. Postponement will facilitate greater
participation by the public; or
(2) The board chair or other person designated by
the board to preside over the hearing is ill or unavoidably absent.
(e)
A hearing shall be moved to another location in accordance with RSA
541-A:11, V when the original location is not able to accommodate the number of
people who wish to attend the hearing.
(f)
A hearing shall be continued past the scheduled time or to another date
in accordance with RSA 541-A:11, III when:
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable opportunity to do so; or
(2) The capacity of the room in which the hearing
is to be held does not accommodate the number of people who wish to attend and
it is not possible to move the hearing to another location.
Source. #8464,
eff 10-28-05
PART
Plu 216 DECLARATORY RULINGS
Plu 216.01 Requests for Declaratory Rulings.
(a)
Any person may request a declaratory ruling by the board if that person
is directly affected by RSA 329-A or by any administrative rule of the board.
(b)
A request for a declaratory ruling shall be in a writing containing:
(1) The name and address of the individual or
entity making the request;
(2) The text of the ruling being requested;
(3) The reasons for the request; and
(4) The following declaration signed by the
individual making the request, the authorized representative of such
individual, or the authorized representative of the entity making the request:
"I
declare that I have examined the request for a declaratory ruling, including
the accompanying documents, and state that, to the best of my knowledge and
belief, the facts presented in support of the requested declaratory ruling are
true, correct and complete."
Source. #8464,
eff 10-28-05
Plu 216.02 Documents Required to Support Requests for
Declaratory Rulings.
(a)
A request for a declaratory ruling shall be accompanied by:
(1) A statement citing the statutory law,
regulatory law and orders believed to support the ruling being requested;
(2) A statement of the facts believed to support
the ruling being requested; and
(3) Supplementary material necessary to establish
or clarify the facts set forth in the statement of facts.
(b)
A request for a declaratory ruling may be accompanied by additional
material chosen by the person making the request.
Source. #8464,
eff 10-28-05
Plu 216.03 Processing Requests for Declaratory Rulings.
(a)
Within 30 days of receiving a request for a declaratory ruling the board
shall advise the person requesting it if the ruling will be delayed by the need
for additional information or the complexity of the issues presented.
(b)
If additional information should be needed, the board shall specify the
additional information required and request that it be provided in a statement
of additional information that includes the declaration specified in Plu
214.01(b)(4) and is accompanied by any material necessary to establish or
clarify the facts set forth in the statement.
Source. #8464,
eff 10-28-05
Plu 216.04 Issuance and Publication of Declaratory
Rulings.
(a)
When facts sufficient to support a declaratory ruling have been
established, the board shall issue a written declaratory ruling which applies
all relevant law to the established facts.
(b)
When the established facts show that the board lacks subject matter or
personal jurisdiction to issue a declaratory ruling, the board shall issue a
written decision stating that it lacks jurisdiction to issue a declaratory
ruling and identifying the lack of jurisdiction.
(c)
Declaratory rulings shall be filed on the day of issuance with the
director of legislative services in accordance with RSA 541-A:16, II (b).
Source. #8464,
eff 10-28-05
Plu 216.05 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the
board and to the person requesting it and shall be confined to the facts
presented pursuant to Plu 216.02 (a)(2) - (a)(3) and in response to a request
of the board made pursuant to Plu 216.03
(b).
Source. #8464,
eff 10-28-05
PART
Plu 217 EXPLANATION OF ADOPTED RULES
Plu 217.01 Requests for Explanation of Adopted Rules. Any interested person may, within 30 days of
the final adoption of a rule, request a written explanation of that rule by making
a written request to the board including:
(a)
The name and address of the person making the request; or
(b)
If the request is that of an organization or other entity, the name and
address of such organization or entity and the name and address of the
representative authorized by the organization or entity to make the request.
Source. #8465, eff 10-28-05
Plu 217.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Plu 217.01, provide a written response which:
(a)
Concisely states the meaning of the rule adopted;
(b)
Concisely states the principal reasons for and against the adoption of
the rule in its final form; and
(c)
States, if the board did so, why the board overruled any arguments and
considerations presented against the rule
Source. #8465, eff 10-28-05
CHAPTER
Plu 300 INITIAL PLUMBING LICENSING AND
WATER TREATMENT TECHNICIAN CERTIFICATION
PART
Plu 301 DEFINITIONS
REVISION
NOTE:
Document #8981, effective 9-20-07, made
extensive changes to the wording and numbering in the former Plu 301 entitled
“Definitions”, by deleting the definition of “Apprenticeship council” in Plu
301.01 and adding new definitions in Plu 301.01 through Plu 301.07. Document
#8981 therefore replaces all prior filings affecting Plu 301. The filings of the State Board for the
Licensing and Regulation of Plumbers affecting the former Plu 301 include the
following documents:
#2069,
eff 7-1-82
#2733,
eff 5-31-84, EXPIRED 5-31-90
#5213,
eff 8-28-91, EXPIRED 8-28-97
#8542,
eff 1-20-06
Plu 301.01 "Apprentice" means
"apprentice" as defined in RSA 329-A:2, III, namely, "any person
who is engaged in learning and assisting in the installation of plumbing and
drainage under an apprenticeship program that meets the requirements of the
state apprenticeship council established in RSA 278."
Source. (See Revision Note at part heading for Plu
301) #8981, eff 9-20-07
Plu 301.02 "Journeyman plumber" means
"journeyman plumber" as defined in RSA 329-A:2, II, namely, "any
person who customarily performs the work of installing plumbing and drainage
under the direction of a master plumber."
Source. #8981, eff 9-20-07
Plu 301.03 "Master plumber" means "master
plumber" as defined in RSA 329-A:2, I, namely "any person, firm,
corporation, or limited liability company that, as a business, hires or employs
a person or persons to do plumbing work, or, without hiring any person, does
that work as a principal business or as auxiliary to a principal business for
his or its own account."
Source. (See Revision Note at part heading for Plu
301) #8981, eff 9-20-07
Plu 301.04 "Water supply system" means the
water service pipe, water distribution pipes, and the necessary connecting
pipes, fittings, control valves and all
appurtenances in or adjacent to the structure or premises.
Source. (See Revision Note at part heading for Plu
301) #8981, eff 9-20-07
Plu 301.05 "Water treatment system" means
"water treatment system'' as defined in RSA 329-A:2, VI, namely, "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."
Source. (See Revision Note at part heading for Plu
301) #8981, eff 9-20-07
Plu 301.06 “Water treatment technician” means “water
treatment technician” as defined in RSA 329-A:2, VII, namely, “any person who
installs, maintains or repairs water treatment systems.”
Source. (See Revision Note at part heading for Plu
301) #8981, eff 9-20-07
Plu 301.07 "Water treatment trainee" means
"water treatment trainee" as defined in RSA 329-A:2, VIII, namely,
"any person who is engaged in learning about and assisting in installing,
maintaining, or repairing water treatment systems under the direct supervision
of a water treatment technician certified under this chapter."
Source. (See Revision Note at part heading for Plu
301) #8981, eff 9-20-07
PART
Plu 302 PLUMBING LICENSE APPLICATION
PROCEDURE
Plu 302.01 Application Process for Individuals
Seeking Plumbing Licenses.
(a)
Each individual seeking an initial license to practice as a master or
journeyman plumber shall do so by submitting the following application packet:
(1) An application form provided by the board
that meets the requirements of Plu 302.03;
(2) The additional supporting materials specified
by Plu 302.05; and
(3) The license fee specified by Plu 308.02(a)
which is applicable to the type of license sought.
(b) If the board,
after receiving and reviewing the completed packet, requires further information
or documents to determine the applicant's qualification for licensure, the
board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it
requires.
(c)
The board shall deny the application if the applicant does not submit
the additional information or documents requested under (b) above within 60
days of the request.
(d)
The board shall approve or deny the application within 120 days of the
date that the board’s office has received the completed application packet and
any information or documents requested under (b) above.
(e)
If it denies the application, the board shall provide the applicant with
written reasons for the denial.
(f)
An applicant wishing to challenge the board's denial of his or her
application shall make a written request for a hearing of the challenge and
submit it:
(1) Within 60 days of the notice of the denial;
or
(2) If the applicant is on active military duty
outside the
(g)
The board shall refund the
license fee if:
(1) The applicant
withdraws the application; or
(2) The board denies the application.
Source. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8542, eff 1-20-06; ss by #8981, eff 9-20-07
Plu 302.02 Application Process for Plumbing
Corporations, Limited Liability Companies and Partnerships.
(a)
Each corporation, limited liability company or partnership seeking an
initial license to practice plumbing shall do so by submitting the following
application packet:
(1) A business application form provided by the
board that meets the requirements of Plu 302.06;
(2) The additional supporting materials specified
by Plu 302.08; and
(3) Any business license fee required by Plu
308.03.
(b)
The board shall not consider a request for initial licensure until the
completed business application packet described in (a) above has been received
by the board’s office.
(c)
If the board, after receiving and reviewing the completed business
application packet, requires further information or documents to determine the
applicant's qualification for licensure, the board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it
requires.
(d)
The board shall deny the application if the applicant does not submit
the additional information or documents requested under (c) above within 60
days of the request.
(e)
The board shall approve or deny the application in writing within 120
days of the date that the board’s office has received the completed business
application packet and any information or documents requested under (c) above.
(f)
The board shall refund any license fee paid if:
(1) The business applicant withdraws the
application; or
(2) The board denies the application.
(g)
A business applicant wishing to challenge the board's denial of its
application shall make a written request for a hearing of the challenge and
submit it within 60 days of the notice of the denial.
Source.
#5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8542, eff 1-20-06; ss by #8981, eff 9-20-07
Plu 302.03 Multipart
Application Form to be Used by Applicants for Individual Plumbing
Licenses.
(a)
The multipart application form shall:
(1) Be provided by the board; and
(2) Contain 2 parts as follows:
a. Part one, containing information available to
the public; and
b. Part 2, which is held confidential by the
board.
(b)
The applicant shall:
(1) Complete the entire form using a keyboard or
by printing the information legibly in ink;
(2) Complete all sections of the entire form or
designate them as not applicable; and
(3) Sign and date the form.
(c)
On part one of the form the applicant shall designate in the space
provided the license sought.
(d)
Also on part one of the form the applicant shall provide the following
information:
(1) The date the applicant submits the form;
(2) The applicant’s full name;
(3) If applicable, the applicant's maiden name or
any other name used by the applicant which is different from the applicant's
current name;
(4) The applicant's place and date of birth;
(5) Using the “yes” and “no” boxes provided, an
indication whether the applicant has already taken the licensing examination
required by Plu 304;
(6) The name, full business address and telephone
number of:
a. The applicant’s own business, if any; or
b. The applicant’s employer, if any;
(7) If applying for an initial license as a
journeyman plumber:
a. The name and address of the apprenticeship
program or the program’s sponsor; and
b. The date of issuance of the apprenticeship
completion certificate by the apprenticeship council;
(8) If applying for an initial license as a
master plumber and holding a New Hampshire license as a journeyman plumber, the
number of the journeyman plumber license;
(9) If applying for an initial license as a
master plumber or a journeyman plumber and holding a currently valid out of
state license as a master plumber or a journeyman plumber:
a. Whether the applicant’s currently valid
out-of-state license is a journeyman or master plumber license;
b. The name of the jurisdiction issuing the
license;
c. The number of the license; and
d. The expiration date of the license; and
(10) If applying for an initial license as a
journeyman plumber, the names, addresses and telephone numbers of the 3
individuals who will provide letters of reference meeting the requirements of
Plu 302.05(i).
(e)
Also on part one of the form the applicant shall indicate by using the
“yes” and “no” boxes provided:
(1) Whether the applicant was convicted after the
age of majority of:
a. A felony;
b. Any criminal offense involving injury to a
victim or the risk of such injury; or
c. Any criminal offense involving dishonesty;
(2) Whether the applicant has ever been denied a
license or other authorization to practice as a plumber in any jurisdiction;
(3) Whether the applicant has ever been the
subject of any disciplinary action by any authority regulating plumbers;
(4) Whether the applicant has had his or her
license or other authorization to practice as a plumber suspended or revoked
and not thereafter reinstated in any other jurisdiction; and
(5) Whether the applicant has ever surrendered a
license or other authorization to practice as a plumber in any jurisdiction in
order to avoid or to settle disciplinary charges.
(f)
Also on part one of the form the applicant shall place the date, his or
her printed name and his or her signature in the space provided beneath the
following preprinted statement:
"I acknowledge that, under RSA
641:2, I, knowingly making a false statement on this application form is a
misdemeanor. I certify that the information I have provided on all parts of the
application form and in the documents that I have personally submitted to
support my application is complete and accurate to the best of my knowledge and
belief. I also certify that I have read RSA 329-A and the rules of the Board
and promise that, if I am licensed or certified, I will abide by them."
(g)
On part 2 of the form the applicant shall provide the applicant’s:
(1) Full name;
(2) Home address;
(3) Home telephone number;
(4) Home e-address, if the applicant wishes to
provide it; and
(5) The applicant's social security number
written immediately below the following preprinted statement:
"The
Plumbing Board is required by RSA 161-B:11 to obtain your social security
number for the purpose of child support enforcement. Except for its use in child support
enforcement, your social security number will not be used by the Plumbing Board
and will be held confidential."
(h)
Also on part 2 of the form the applicant shall indicate using the “yes”
and “no” boxes provided:
(1) Whether the applicant knows that he or she is
or will soon be the subject of a disciplinary proceeding, settlement agreement
or consent decree undertaken or issued by any authority regulating plumbers;
and
(2) Whether any claim on the basis of the
applicant’s plumbing work is pending against the applicant in any court.
Source. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8542, eff 1-20-06; ss by #8981, eff 9-20-07
Plu 302.04 Effect of Signature. The effect of the applicant's signature on
part one of the form shall be:
(a) The applicant’s acknowledgement that, under
RSA 641:2, I, knowingly making a false statement on the application form is a
misdemeanor;
(b) The applicant’s certification that:
(1) The information provided on all of the parts
of the application form and in the documents personally submitted to support the
application is complete and accurate to the best of the applicant’s knowledge
and belief; and
(2) The applicant has read the statutes and
administrative rules of the board; and
(c) The applicant’s promise to abide by RSA 329-A
and the rules of the board.
Source. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8542, eff 1-20-06; ss by #8981, eff 9-20-07
Plu 302.05 Required Supporting Materials. Individual applicants for initial licensure
shall provide, or arrange for the board to receive, the following documents
supporting their applications:
(a)
A photograph of the applicant’s face:
(1) Not more than 1 inch or less than ¾ inch
wide; and
(2) Taken not more than 6 months before the submission
of the application packet;
(b)
If the application is for a journeyman plumber license, a photocopy of
the applicant’s apprenticeship completion certificate;
(c)
If the application is for a journeyman plumber license and the applicant
was issued an apprentice identification card by the board, a photocopy of the
apprentice identification card;
(d)
If applicable, a photocopy of any currently valid license or other
authorization to practice as a plumber;
(e)
On a separate sheet, a detailed report of the relevant circumstances if
any of the answers to questions (e)(1) through (e)(5) on part one of the
application form is in the affirmative;
(f)
On a separate sheet, a detailed report of the relevant circumstances if
any of the answers to questions (h)(1) through (h)(2) on part 2 of the
application form is in the affirmative;
(g)
If the applicant holds a currently valid license issued by another
jurisdiction, a photocopy of such license;
(h)
Unless the information is available from a secure internet site operated
by the regulatory agency, an official letter sent directly to the board by each
regulatory agency which has issued to the applicant a license to practice:
(1) Stating whether the license is, or was during
its period of validity, in good standing; and
(2) Stating whether disciplinary action was taken
against the license or certification;
(i)
For applications for an initial license as a journeyman plumber:
(1) Two signed letters of reference stating:
a. The circumstances in which the writer knows
the applicant; and
b. The opinion of the writer that the applicant
is of good character; and
(2) One signed letter written by the licensed
plumber supervising, or directing the supervision of, the applicant’s plumbing
during the applicant’s military service or apprenticeship stating that:
a. The writer supervised the applicant’s
plumbing work in the military or in the applicant’s apprenticeship program; and
b. The writer’s opinion that the applicant is competent
to be a journeyman plumber; and
(j)
The applicant's examination score.
Source. #8542, eff 1-20-06; ss by #8981, eff 9-20-07
Plu 302.06 Application Form to be Used by Plumbing
Corporations, Limited Liability Companies and Partnerships.
(a)
On the form to be used by plumbing businesses applying for licensure
pursuant to RSA 329-A:10, II, the applicant shall identify the business as a
corporation, a limited liability company or a partnership.
(b)
The applicant shall also provide:
(1) The date the applicant submits the form;
(2) The name of the corporation, limited
liability company or partnership;
(3) The full mailing address of the corporation, limited
liability company or partnership;
(4) The full physical address of the corporation,
limited liability company or partnership;
(5) The telephone number of the corporation,
limited liability company or partnership;
(6) The name of a corporate officer, managing
member of the limited liability company or partner, as applicable, holding a
currently valid
(7) The number of that person’s master plumber
license;
(8) As applicable, one of the following titles
for that person:
a. President of the applicant corporation;
b. Vice president of the applicant corporation;
c. Treasurer of the applicant corporation;
d. Managing member of the applicant limited
liability company; or
e. Partner in the applicant partnership; and
(9) If the business is a corporation, whether
that person is the sole shareholder.
(c)
The corporate officer, managing member of a limited liability company or
partner named pursuant to (b)(6) above shall place the following beneath the
preprinted promise that the applicant will perform its work in accordance with
the state plumbing code or any more stringent local code:
(1) His or her printed name;
(2) His or her signature; and
(3) The date of signing.
Source. #8542, eff 1-20-06; ss by#8981, eff 9-20-07
Plu 302.07 Effect of Signature on Application for
License as a Plumbing Business. The
effect of the signature required by Plu 302.06(c) is to make breach of the
applicant’s promise to perform its work in accordance with the state plumbing
code or any more stringent local code misconduct pursuant to RSA 329-A:12,
II(c).
Source. #8542, eff 1-20-06; ss by#8981, eff 9-20-07
Plu 302.08 Required Supporting Materials. Business applicants for licensure shall
provide the following documents supporting their applications:
(a)
A photocopy of the
(b)
If the applicant is a corporation, a valid corporate resolution signed
and dated by the corporate secretary within the 30 days preceding the
application, showing that the person who signed the application holds the
corporate title stated pursuant to Plu 302.06(b)(8);
(c)
If the applicant is a limited liability company, a letter signed by all
of the members stating that the person who signed the application is the
managing member;
(d)
If the applicant is a partnership, a letter signed by all of its
partners stating that the person who signed the application is a partner; and
(e)
If the applicant is a business incorporated, formed or located outside
of
Source. #8542, eff 1-20-06; ss by#8981, eff 9-20-07
PART
Plu 303 ELIGIBILITY FOR PLUMBING
LICENSURE
Plu 303.01 Eligibility Requirements for Initial
Individual Licensure.
(a)
A person shall be eligible for initial licensure as a master plumber if
he or she:
(1) Is of good character and professional
competence, as evidenced by:
a. The information supplied pursuant to Plu
302.03(e) on part one of the application form;
b. The information supplied pursuant to Plu
302.03(h) on part 2 of the application form;
c. Any reports submitted pursuant to Plu
302.05(e) and (f);
d. Any information obtained by the board
pursuant to Plu 302.05(h); and
e. The fact of licensure as a journeyman
plumber;
(2) Has held a
(3) Has passed the examination described in Plu
304.01(a).
(b)
A person shall be eligible for initial licensure as a journeyman plumber
if he or she:
(1) Is of good character and professional
competence as evidenced by:
a. The information supplied pursuant to Plu
302.03(e) on part one of the application form;
b. The information supplied pursuant to Plu
302.03(h) on part 2 of the application form;
c. Any reports submitted pursuant to Plu
302.05(e) and (f);
d. Any information obtained by the board
pursuant to Plu 302.05(h); and
e. The content of the letters required by Plu
302.05(i);
(2) Has received an apprenticeship completion
certificate issued by the apprenticeship council; and
(3) Has passed the examination described in Plu
304.01(b).
Source. #2069, eff 7-1-82; ss by #2733, eff 5-31-84,
EXPIRED: 5-31-90 (formerly Plu 302.01)
New. #5213, eff 8-28-91, EXPIRED: 8-28-97
New.
#8542, eff 1-20-06; ss by #8981, eff 9-20-07
Plu 303.02 Eligibility Requirements for Initial
Business Licensure.
(a)
A business shall be eligible for initial licensure if the business:
(1) Is a corporation, a limited liability company
or a partnership;
(2) Is engaged in plumbing; and
(3) Has at least one corporate officer, managing
member of the limited liability company or partner, as applicable, who
currently holds a
(b)
Pursuant to RSA 329-A:10, a licensed plumbing business shall:
(1) Inform the board within 30 days of the death
or withdrawal of any corporate officer, managing member of the limited
liability company or partner currently licensed as a master plumber; and
(2) Not act as a master plumber, if the withdrawn
or deceased individual was the only individual currently licensed as a master
plumber, until another individual licensed as a master plumber takes the
position of the withdrawn or deceased individual.
Source. #2733, eff 5-31-84, EXPIRED: 5-31-90
(formerly Plu 302.02)
New. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #8542,
eff 1-20-06; ss by #8981, eff 9-20-07
PART
Plu 304 PLUMBING EXAMINATIONS
Plu 304.01 Examinations Required for Plumbing
Licensure.
(a)
The examination to be passed to become licensed as a master plumber
shall consist of multiple choice questions on, but not limited to, the
following topics:
(1) Drainage;
(2) Venting;
(3) Protection of the potable water supply;
(4) Plumbing code administration as set forth in
chapter one of the state plumbing code, including but not limited to, required
permits and inspections; and
(5)
(b)
To pass the master plumber examination the individual taking it shall
answer at least 75% of the questions correctly.
(c)
The examination to be passed to become licensed as a journeyman plumber
shall consist of multiple choice questions on, but not limited to, the topics
listed in (a)(1)- (a)(5) above.
(d)
To pass the journeyman plumber examination the individual taking it
shall answer at least 70% of the questions correctly.
Source. #2069, eff 7-1-82; ss by #2733, eff 5-31-84;
amd by #4264, eff 6-8-87 (formerly Plu 303.01)
New. #5213, eff 8-28-91, EXPIRED: 8-28-97
New.
#8542, eff 1-20-06; ss by #8981, eff 9-20-07
PART
Plu 305 PLUMBING APPRENTICES
Plu 305.01 Obligations of Plumbing Licensees. Licensed plumbers shall take on as
apprentices only those individuals who:
(a)
Work under an
apprenticeship program meeting the requirements of the state apprenticeship
council; and
(b)
Hold a currently valid apprentice
identification card issued by the board.
Source. #5213, eff 8-28-91, EXPIRED: 8-28-97
New.
#8542, eff 1-20-06; moved by #8916 (see Plu 308)
New.
#8981, eff 9-20-07
Plu 305.02 Initial Apprentice Identification Cards. The board shall issue apprentice
identification cards to those individuals who:
(a)
Complete the board's initial
apprentice registration form; and
(b)
Pay the fee specified in Plu
308.02(c).
Source. #8542, eff 1-20-06; moved by #8916 (see Plu
308)
New.
#8981, eff 9-20-07
Plu 305.03 Renewed Apprentice Identification Cards. The board shall issue renewed apprentice
identification cards to those individuals who, when their initial apprentice cards
expire:
(a)
Continue to work under an
apprenticeship program meeting the requirements of the state apprenticeship
council;
(b)
Complete the board's renewal
apprentice registration form; and
(c)
Pay the fee specified in Plu
308.05(c).
Source. #8981, eff 9-20-07
PART
Plu 306 ELIGIBILITY FOR INITIAL WATER
TREATMENT TECHNICIAN CERTIFICATION
Plu 306.01 Eligibility Requirements for Initial
Certification of Individuals as Water Treatment Technicians.
(a)
An individual shall be eligible for initial certification as a water
treatment technician if he or she:
(1) Meets one of the experiential requirements in
(b) below; and
(2) Is of good character and professional
competence, as evidenced by the documents described in (c) below.
(b)
Experiential requirements shall be:
(1) Having
a. Worked as a water treatment technician
trainee for at least one year; and
b. Passed the examination described in Plu
306.02; or
(2) Having operated as a water treatment
technician for at least one year prior to January 1, 2004.
(c)
Documents evidencing good character and professional competence shall
be:
(1) The information supplied on the application
form pursuant to Plu 307.03(a)(2);
(2) Any
report required by Plu 307.05(b);
(3) Any official letter(s) issued by other
jurisdiction(s) submitted pursuant to Plu 307.05(d); and
(4) Alternatively, depending on the basis of the
applicant's claim for eligibility:
a. Letters submitted pursuant to Plu 307.05(e)
together with the applicant's examination score; or
b. The letter or applicant's statement submitted
pursuant to Plu 307.05(f).
Source. #5213, eff 8-28-91, EXPIRED:
8-28-97
New. #8981, eff 9-20-07
Plu 306.02 Water Treatment Technician Examination.
(a)
The examination shall consist of multiple choice questions covering some
or all of the following topics as they relate to the installation, repair and
maintenance of water treatment systems:
(1) Drainage, venting and waste;
(2) Protection of the potable water supply;
(3) Properly sizing a water supply system;
(4) Plumbing code administration as set forth in
chapter I of the state plumbing code, including but not limited to, required
permits and inspections; and
(5) Applicable
(b) To pass the exam the individual taking it
shall answer at least 70% of the questions correctly.
Source. #5213, eff 8-28-91,
EXPIRED: 8-28-97
New. #8981, eff 9-20-07
Plu 306.03 Eligibility Requirements for Initial
Certification of Water Treatment Businesses.
(a)
A business shall be eligible for initial water treatment technician
certification if the business:
(1) Is a corporation, a limited liability
company, partnership or other business entity;
(2) Installs, maintains or repairs water
treatment systems; and
(3) Designates one principal of the business
entity currently certified as a water treatment technician, or, if no principal
of the business entity is so certified, an employee currently certified as a
water treatment technician, to be responsible for the compliance of the
business with RSA 329-A and the administrative rules of the board.
(b)
The person designated under (a)(3) above shall inform the board of his
or her leaving the business within 30 days of doing so.
(c)
If such person leaving the business was the only principal of the
business or employee holding a currently valid water treatment certificate, the
business shall not represent itself as employing certified water treatment technicians
until another person in the business has been certified.
Source. #8981, eff 9-20-07
PART
Plu 307 APPLICATION PROCEDURE FOR WATER
TREATMENT CERTIFICATION
Plu 307.01 Application Process for Individuals
Seeking Initial Certification as Water Treatment Technicians.
(a)
Each individual seeking initial certification as a water treatment
technician shall do so by submitting the following application packet:
(1) A completed application on the board-provided
form described in Plu 307.03;
(2) The additional supporting materials specified
by Plu 307.05; and
(3) The initial
certification fee specified in Plu 308.02(b).
(b)
If the board, after receiving and reviewing the completed application
packet, requires further information or documents to determine the applicant's
qualification for certification, the board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it
requires.
(c)
The board shall deny the application if the applicant does not submit
the additional information or documents requested under (b) above within 60
days of the request.
(d)
The board shall approve or deny the application within 120 days of the
date that the board’s office has received the completed application packet and
any information or documents requested under (b) above.
(e)
If it denies the application, the board shall provide the applicant with
written reasons for the denial.
(f)
An applicant wishing to challenge the board's denial of his or her
application shall make a written request for a hearing of the challenge and
submit it:
(1) Within 60 days of the notice of the denial;
or
(2) If the applicant is on active military duty
outside the
(g)
The board shall refund the
certification fee if:
(1) The
applicant withdraws the application; or
(2) The
board denies the application.
Source. #8981, eff 9-20-07
Plu 307.02 Application Process for Corporations,
Limited Liability Companies, Partnerships and Other Business Entities Seeking
Initial Certification.
(a)
Each corporation, limited liability company, partnership or other
business entity seeking initial certification as a water treatment business
shall do so by submitting the following application packet:
(1) A completed application on the board-provided
form described in Plu 307.06;
(2) The additional supporting materials specified
by Plu 307.08; and
(3) Any certification fee required by Plu 308.04.
(b)
The board shall not consider a request for initial certification until
the completed business application packet described in (a) above has been
received by the board’s office.
(c)
If the board, after receiving and reviewing the completed business
application packet, requires further information or documents to determine the
applicant's qualification for certification, the board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it
requires.
(d)
The board shall deny the application if the applicant does not submit
the additional information or documents requested under (c) above within 60
days of the request.
(e)
The board shall approve or deny the application in writing within 120
days of the date that the board’s office has received the completed application
packet and any information or documents requested under (c) above.
(f)
The board shall refund any certification fee paid if:
(1) The business applicant withdraws the
application; or
(2) The board denies the application.
(g)
A business applicant wishing to challenge the board's denial of its
application shall make a written request for a hearing of the challenge and
submit it within 60 days of the notice of the denial.
Source. #8981, eff 9-20-07
Plu 307.03 Application Form to be Used by Individuals
Seeking Certification as Water Treatment Technicians.
(a)
The application form shall contain questions:
(1) Designed to allow the board to make
eligibility determinations based on the answers to the questions; and
(2) Including the following questions to be
answered by checking: yes” and “no” boxes:
a. Whether the applicant was convicted after the
age of majority of:
1. A felony;
2. Any criminal offense involving injury to a
victim or the risk of such injury; or
3. Any criminal offense involving dishonesty;
b. Whether the applicant has ever been denied a
certification or other authorization to practice as a water treatment technician;
c. Whether the applicant has ever been the
subject of any disciplinary action by any authority regulating water treatment
technicians;
d. Whether the applicant has had his or her
certification or other authorization to practice as a water treatment
technician suspended or revoked and not thereafter reinstated in any other
jurisdiction;
e. Whether the applicant has ever surrendered a
license or other authorization to practice as a treatment technician in any
jurisdiction in order to avoid or to settle disciplinary charges;
f. Whether the applicant knows that he or she is
or will soon be the subject of a disciplinary proceeding, settlement agreement
or consent decree undertaken or issued by any authority regulating water
treatment technicians; and
g. Whether any claim on the basis of the
applicant’s work as a water treatment technician is pending against the
applicant in any court.
(b)
On the application form the applicant shall place the date, his or her
printed name and his or her signature in the space provided beneath the
following preprinted statement:
"I
acknowledge that, under RSA 641:2, I, knowingly making a false statement on
this application form is a misdemeanor. I certify that the information I have
provided on all parts of the application form and in the documents that I have
personally submitted to support my application is complete and accurate to the
best of my knowledge and belief. I also certify that I have read RSA 329-A and
the rules of the Board and promise that, if I am licensed or certified, I will
abide by them."
Source. #8981, eff 9-20-07
Plu 307.04 Effect of Signature. The effect of the applicant's signature shall
be:
(a)
The applicant’s acknowledgement that, under RSA 641:2, I, knowingly
making a false statement on the application form is a misdemeanor;
(b)
The applicant’s certification that:
(1) The information provided on all of the parts
of the application form and in the documents personally submitted to support
the application is complete and accurate to the best of the applicant’s
knowledge and belief; and
(2) The applicant has read the statutes and
administrative rules of the board; and
(c)
The applicant’s promise to abide by RSA 329-A and the rules of the
board.
Source. #8981, eff 9-20-07
Plu 307.05 Required Supporting Materials. Individual applicants for initial
certification shall provide, or arrange for the board to receive, the following
documents supporting their applications:
(a)
A photograph of the applicant’s face:
(1) Not more than 1 inch or less than ¾ inch
wide; and
(2) Taken not more than 6 months before the submission
of the application packet;
(b)
On a separate sheet, a detailed report of the relevant circumstances if
any of the answers to the questions listed in Plu 307.03(a)(2) are in the
affirmative;
(c)
If the applicant holds a certification or other authorization to
practice as a water treatment technician issued by another jurisdiction, a
photocopy of such certification or other authorization;
(d)
If the applicant holds a certification or other authorization to
practice as a water treatment technician issued by another jurisdiction, and
unless the information is available only from a secure internet site operated
by the issuing jurisdiction, an official letter sent directly to the board by
the issuing jurisdiction, stating:
(1) Whether the certification or other
authorization is or was, during its period of validity, in good standing; and
(2) Whether disciplinary action was taken against
the certification or other authorization;
(e)
If the applicant seeks certification pursuant to Plu 306.01(b)(1) on the
basis of having worked as a water treatment trainee for at least one year and
having passed the examination:
(1) One signed and dated letter of reference
stating:
a. The circumstances in which the writer knows
the applicant; and
b. The opinion of the writer that the applicant
is of good character; and
(2) One signed and dated letter written on
personal or business letterhead by each certified water treatment technician
who directly supervised the applicant during the period of his or her training,
including the following information:
a. The beginning and ending dates of the time
period(s) during which the applicant was directly supervised by the writer; and
b. The opinion of the writer regarding the
competence of the applicant to work independently as a certified water
treatment technician.
(f)
If the applicant
seeks certification pursuant to Plu 306.01(b)(2) on the basis of having
operated as a water treatment technician for at least one year prior to January
1, 2004:
(1)
A letter on business letterhead paper:
a. Signed by a principal in the business(es) for
which the applicant worked as a water treatment technician; and
b. Describing by beginning date and ending date
the time period during which the applicant worked as a water treatment
technician; or
(2) A statement signed by the applicant declaring
that for at least one year prior to January 1, 2004 the applicant operated
independently as a water treatment technician.
Source. #8981, eff 9-20-07
Plu 307.06 Application Form to be Used by Water
Treatment Corporations, Partnerships, Limited Liability
Companies and Other Water Treatment Business Entities.
(a)
The business entity application form shall contain questions designed to
elicit the following information:
(1) Information enabling the board to determine
the eligibility of the business for certification;
(2) Information enabling the board to determine
the initial certification fee; and
(3) Information enabling the board to identify
and contact by telephone and mail the person designated under Plu 306.03(a)(3)
to be responsible for the compliance of the business with RSA 329-A and the
administrative rules of the board.
(b)
On the business entity application form the person designated under Plu
306.03(a)(3) to be responsible for the compliance of the business with RSA
329-A and the administrative rules of the board shall place the date, his or
her printed name and his or her signature.
Source. #8981, eff 9-20-07
Plu 307.07 Effect of The Signature. The effect of the signature required by Plu
307.06(b) shall be:
(a)
To make the signer
responsible for the compliance of the business entity with
RSA 329-A and the administrative rules of the board; and
(b)
If the business entity, once certified, fails in such compliance, to
subject both the business entity and the signer to sanction for misconduct.
Source. #8981, eff 9-20-07
Plu 307.08 Required Supporting Materials. Business applicants for water treatment
technician certification shall provide:
(a)
Copies of one or more documents filed with the secretary of state,
showing such filing and:
(1) Whether the business is a corporation, a
limited liability company, a partnership or another business entity;
(2) Whether the business is in good standing; and
(3) That the business is authorized to install,
maintain and repair water treatment systems;
(b)
Copies of one or more business documents showing that the business
actually installs, maintains or repairs water treatment systems;
(c)
If the applicant is a business incorporated, formed or located outside
of New Hampshire, a photocopy of its certificate of authority to conduct
business in New Hampshire; and
(d) A photocopy of the
Source. #8981, eff 9-20-07
PART
Plu 308 FEES
Plu 308.01 Payments for Fees; Refunds.
(a)
Checks and money orders in payment of all plumbing board fees shall be
made payable to “Treasurer, State of
(b)
There shall be no refund of fees paid for licensure, renewal licensure,
certification or renewal certification once the licensure or certification has
been approved by the board.
(c)
There shall be no refund of fees paid for initial or renewal apprentice
identification cards once the apprentice registration with the board has been
completed.
Source. #8916, eff 6-22-07 (from Plu 305.01)
Plu 308.02 Fees for Initial Licensure of Individuals
as Plumbers, for Initial Certification of Individuals as Water Treatment
Technicians, and for Initial Apprentice Identification Cards.
(a)
The fees for initial plumbing licensure of individuals shall be:
(1) For a master plumber license, licensure shown
by wall certificate and wallet card, $190; and
(2) For a journeyman plumber license, licensure
shown by wall certificate and wallet card, $125.00.
(b)
The fee for initial certification of an individual as a water treatment
technician shall be $125.00.
(c)
The fee for an initial apprentice identification card shall be $60.00.
Source. #8916, eff 6-22-07 (from Plu 305.02)
Plu 308.03 Fees
for Initial Licensure of Plumbing Businesses. The initial licensure fees for businesses engaged in plumbing
shall be:
(a)
For a plumbing business with one or more licensed master plumbers,
licensure shown by wall certificate and wallet card, $190.00; and
(b)
For a plumbing corporation with a licensed master plumber as its sole
shareholder, licensure shown by wall certificate and wallet card, no fee.
Source. #8916, eff 6-22-07
Plu 308.04 Fees for Initial Certification of Water
Treatment Businesses. The fees for initial certification of
businesses engaged in water treatment shall be:
(a)
For a water treatment business with one or more certified water
treatment technicians, certification shown by wall certificate and wallet card,
$125.00; and
(b)
For a water treatment business with a certified water treatment
technician as its sole owner, licensure shown by wall certificate and wallet
card, no fee.
Source. #8916, eff 6-22-07
Plu 308.05 Fees for the Annual Renewal of Individual
Plumbing Licenses, the Annual Renewal of Individual Water Treatment Technician
Certifications, and for the Annual Renewal of Apprentice Identification Cards.
(a)
The fees for the annual renewal of individual plumbing licenses shall
be:
(1) For renewal of a master plumber license,
$165; and
(2) For renewal of a journeyman plumber license,
$100.00.
(b)
The fee for the annual renewal of certification of an individual as a
water treatment technician shall be $100.00.
(c)
The fee for the annual renewal of an apprentice identification card
shall be $40.00.
Source. #8916, eff 6-22-07
Plu 308.06 Fees for the Annual Renewal of Licensure of
Plumbing Businesses and the Annual Renewal of Certification of Water Treatment
Businesses. The annual renewal fees for business licenses
and business certifications shall be the same as the fees for initial licensure
and for initial certification set forth in Plu 308.03 and Plu 308.04,
respectively.
Source. #8916, eff 6-22-07
Plu 308.07 Late Fees. The board shall charge a late fee of $25.00
per month or part of a month when it receives an application for renewal of a
license or certification after the expiration date of the license or
certification and before the one-year anniversary of the expiration date.
Source. #8916, eff 6-22-07
Plu 308.08 Fees for Plumbing Inspections.
(a)
The board shall charge a fee calculated in accordance with Plu 308.09
for a plumbing inspection made by a board-appointed inspector:
(1) On the request of:
a. The owner of the property where the plumbing
work to be inspected is located;
b. The local code enforcement authority with
jurisdiction over the plumbing work to be inspected, when the board-appointed
inspector performs the inspections at the request of the local code enforcement
authority;
c. The plumber or plumbing business performing
the plumbing work to be inspected; or
d. The builder or general contractor who by
contract is responsible for the work of the plumber or plumbing business
performing the plumbing work to be inspected; or
(2) When the board-appointed inspector does so in
accordance with the code-enforcement authority given to the board by RSA
329-A:16, I.
(b)
The board shall not charge a fee when the board-appointed inspector
merely assists, or provides consultation to, the local code enforcement
authority performing a plumbing inspection.
(c)
Inspection fees shall be paid in full before the inspection.
Source. #8916, eff 6-22-07; ss by #9271, eff 9-18-08
Plu 308.09 Calculation of Inspection Fees;
Re-Inspection Fees.
(a)
The inspection fee shall be calculated on the basis of the total
contracted cost of repairing or installing the plumbing to be inspected,
including the cost of the equipment installed or being installed, whether or
not such equipment is provided by the plumber doing the work.
(b)
The fee shall be calculated by using the steps in (c) below, provided
that it shall not be less than $75.00.
(c)
The steps of the calculation shall be:
(1) The first $0.01 to $100,000.00 of the total
contracted cost shall be multiplied by 1.2%;
(2) The next $100,000.01 to $300,000.00 of the
total contracted cost shall be multiplied by 0.5%, with the resultant number
added to the sum calculated in accordance with (c)(1); and
(3) The next $300,000.01 and higher of the total
contracted cost shall be multiplied by 0.3%, with the resultant number added to
the sums calculated in accordance with (c)(1) and (c)(2).
(d)
The fee for a re-inspection shall be 10% of the fee calculated in accordance
with (c) above, provided that the fee shall not be less than $100.00 and more
than $500.00.
Source. #8916, eff 6-22-07
Plu 308.10 Fees for Other Services. Fees for other services shall be:
(a)
For an authenticated copy of a statement of good standing of an
individual or business licensed or certified by the board, $25.00;
(b)
For a copy on paper of the current list of licensees and certificate
holders, including their names and addresses, $25.00;
(c)
For a replacement wall certificate, $25.00;
(d)
For a replacement wallet card, $25.00;
(e)
For a board-sponsored seminar, per person, $50.00; and
(f) For a board-sponsored
workshop, per person, $50.00.
Source. #8916, eff 6-22-07
CHAPTER Plu 400 CONTINUED STATUS
Plu 401.01 Definitions. The following terms shall have the following
meanings:
(a) "International Code Council (ICC)"
means a membership association of governments, businesses and individuals
dedicated to building safety and fire prevention which develops the codes used
to construct residential and commercial buildings which are used by most
code-adopting cities, counties and states.
(b) "Journeyman plumber" means
"journeyman plumber" as defined in RSA 329-A:2, II, namely, "any
person who customarily performs the work of installing plumbing and drainage
under the direction of a master plumber."
(c) "Master plumber" means
"master plumber" as defined in RSA 329-A:2, I, namely "any
person, firm, corporation, or limited liability company that, as a business,
hires or employs a person or persons to do plumbing work, or, without hiring
any person, does that work as a principal business or as auxiliary to a
principal business for his or its own account."
(d) "State plumbing code" means that
part of the state building code, as defined in RSA 155-A:1, IV, which regulates
plumbing, as modified by the state building code review board within the limits
established by RSA 155-A:10, V.
Source. #2733, eff 5-31-84; amd by #4264, eff 6-8-87;
ss by #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #9608, eff 12-2-09
PART
Plu 402 RENEWAL OF INDIVIDUAL PLUMBING
LICENSES
Plu 402.01 Expiration of Individual Plumbing Licenses.
(a)
Pursuant to RSA 329-A:11, I, individual master plumber licenses and
journeyman plumber licenses shall expire annually on the last day of the month
of the licensee's birth.
(b)
Individuals whose plumbing licenses have not been renewed by the board
before their expiration date:
(1) Shall not practice plumbing
until their licenses have been renewed or reinstated; and
(2) Shall be subject to the provisions of RSA
329-A:18, II if they practice plumbing without a currently valid license.
Source. #2069, eff 7-1-82; ss by #2733, eff 5-31-84,
EXPIRED: 5-31-90
New. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #9608, eff 12-2-09
Plu 402.02 Eligibility
for Renewal of Individual Plumbing Licenses. Individual plumbers shall be
eligible for renewal of their plumbing licenses if they:
(a) Are of good
character, as evidenced by:
(1) Their answers to questions on the licensure
renewal application form; and
(2) Any additional information provided on the
request of the board;
(b) Have met the
requirement for continuing education set forth in Plu 403;
(c) Have complied
with the application procedures set forth in Plu 402.03;
(d) Have paid the
renewal fee for the type of license being renewed as set forth in Plu
308.05(a); and
(e) If applicable,
have paid any late renewal fees due under Plu 402.03(d).
Source. #9608, eff 12-2-09
Plu 402.03 Application
Procedures for Renewal of Individual Plumbing Licenses.
(a) An individual seeking
renewal of a license to practice as a master or journeyman plumber shall do so
by submitting the completed, signed and dated renewal application form:
(1) Provided by the board; and
(2) Containing the following pre-printed
statement:
"I
acknowledge that, under RSA 641:2, I, knowingly making a false statement on
this application form is a misdemeanor. I certify that the information I have
provided on all parts of the application form and in the documents that I have
personally submitted to support my application is complete and accurate to the
best of my knowledge and belief. I also certify that I have read RSA 329-A and
the rules of the Board and promise that, if I am licensed or certified, I will
abide by them."
(b) The effect of the applicant's signature on
the renewal application form shall be:
(1) The applicant’s acknowledgement that, under
RSA 641:2, I, knowingly making a false statement on the application form is a
misdemeanor;
(2) The applicant’s certification that:
a. The information
provided on all of the parts of the application form and in the documents
personally submitted to support the application is complete and accurate to the
best of the applicant’s knowledge and belief; and
b. The
applicant has read the statutes and administrative rules of the board; and
(3) The applicant’s promise to abide by RSA 329-A
and the rules of the board.
(c) To make a timely renewal application and
avoid late renewal fees, the applicant shall submit the completed, signed and
dated renewal application form by the last day of the month of the applicant's
birth but in any event no later than one year after the issuance of the license
being renewed;
(d) To make a late
renewal application, the applicant shall:
(1) Submit the completed, signed and dated
renewal application form by the last day of the month of the applicant's birth
but in any event no later than 2 years after the issuance of the license being
renewed; and
(2) Pay the late renewal fees called for by Plu
308.07.
(e) An individual
who wishes to be re-licensed to practice plumbing but fails to submit the
completed, signed and dated renewal application form within the timelines set
out in (c) and (d) above shall apply for reinstatement of licensure in
accordance with Plu 404.
Source. #9608, eff 12-2-09
Plu 402.04 Board's
Processing of Applications for Renewal of Individual Plumbing Licenses.
(a) If the board, after
receiving and reviewing a completed, signed and dated renewal application form,
requires further information or documents to determine the applicant's
qualification for renewal of licensure, the board shall:
(1) So notify the applicant in writing within 30
days; and
(2) Specify the additional information or
documents it requires.
(b) The board shall
deny the renewal application if the applicant does not submit the additional
information or documents requested within 30 days of its request.
(c) The board shall
approve or deny the renewal application within 120 days of the date that the
board’s office has received the completed, signed and dated application form
and any additional information or documents requested.
(d) If the board
denies the renewal application, the board shall provide the renewal applicant
with written reasons for the denial.
(e) A renewal
applicant wishing to challenge the board's denial shall:
(1) Make a written request for a hearing of the
challenge; and
(2) Make it:
a. Within
60 days of the notice of the denial; or
b. If the
applicant is on active military duty outside the
Source. #9608, eff 12-2-09
PART
Plu 403 REQUIRED CONTINUING EDUCATION
Plu 403.01 Obligation to Complete Continuing
Education.
(a)
To be eligible for licensure renewal, each individual plumbing licensee
shall complete no fewer than 3 hours of continuing education per year given by:
(1) A seminar teacher described in Plu 403.02
teaching a continuing education seminar described in Plu 403.03; or
(2) If the licensee is himself or herself a
seminar teacher, a trainer providing training for seminar teachers.
(b)
The licensee shall complete the education required by (a) above once
during his or her renewal cycle.
Source. #2069, eff 7-1-82; ss by #2733, eff 5-31-84;
amd by #4264, eff 6-8-87; ss and moved by #5213, eff 8-28-91, EXPIRED: 8-28-97
(from Plu 404.01)
New. #9608, eff 12-2-09
Plu 403.02 Seminar Teachers.
(a)
Teachers of continuing education seminars shall be individuals who:
(1) Have held a
(2) Do not perform plumbing inspections on behalf
of the board; and
(3) Have received, during the calendar year in
which he or she is teaching, no fewer than 3 hours of training:
a. On the use of the ICC-produced materials on
the
b. Given by a master plumber employed by, or
contracted with, the board to provide such training.
(b) A master plumber who, as an employee of or
contractor to the board, provides training for seminar teachers shall be
credited by the board with having met his or her continuing education
obligation.
(c) Seminar teachers shall be credited by the
board with having met their continuing education obligation by:
(1) Paying the fee stated in Plu 308.10(e); and
(2) Attending the training for seminar teachers.
Source. #2733, eff 5-31-84, EXPIRED: 5-31-90 (from
Plu 404.02)
New. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #9608, eff 12-2-09
Plu 403.03 Seminars.
(a)
Continuing education seminars shall be:
(1) No fewer than 3 hours in duration, of which:
a. The time devoted to the
1. At least 2 hours if the code was revised
during the 2 years just preceding the seminar; or
2. At least 1 1/2 hours if the code was not
revised during the preceding 2 years; and
b.
Some time shall be devoted to answering
students' questions;
(2) Based on ICC-produced written materials on
the
(3) In accordance with the required training
received during the same calendar year by the teacher of the seminar.
(b)
If the ICC-produced materials include handouts, a seminar teacher shall
provide copies of the handouts to the seminar students.
(c)
A teacher shall require that each student display to the teacher his or
her plumbing license and one of the following documents of identification
showing the same name that is on the plumbing license:
(1)
(2) A currently valid driver license; or
(3) A currently valid non-driver identification
card.
(d)
Promptly after each seminar the teacher of the seminar shall submit to
the board a written statement showing:
(1) The date of the seminar; and
(2) A list of the students attending the seminar.
Source. #2733, eff 5-31-84, EXPIRED: 5-31-90 (from
Plu 404.03)
New. #5213, eff 8-28-91, EXPIRED: 8-28-97
New. #9608, eff 12-2-09
PART
Plu 404 REINSTATEMENT OF INDIVIDUAL
PLUMBING LICENSES
Plu 404.01 Types of Reinstatement of Individual
Plumbing Licenses. The board shall
reinstate individual plumbing licenses:
(a)
In accordance with the terms of the board's order if the licenses were
suspended for disciplinary reasons; and
(b)
In accordance with Plu 404.02 if the licenses lapsed as a result of non-renewal.
Source. #9044, eff 12-5-07; ss by #9608, eff 12-2-09
Plu 404.02 Eligibility for Reinstatement of Lapsed
Individual Plumbing Licenses. An
individual shall be eligible for reinstatement of his or her lapsed journeyman
or master plumber license if the individual:
(a)
Retakes and passes the examination described in Plu 304.01(a) or Plu
304.01(b), whichever is applicable;
(b)
Is of good character and professional competence, as evidenced by:
(1) The answers to the questions on the
reinstatement application form;
(2) Any written explanations submitted pursuant
to Plu 404.05(c); and
(3) Any additional information provided on the
request of the board;
(c)
Complies with the reinstatement application procedures set forth in Plu
404.03; and
(d)
Pays the following fees:
(1) The applicable renewal fee set forth in Plu
308.05(a); and
(2) The total of any late renewal fees accrued by
the last day of the month of the individual's birth one year after the
expiration date identified in Plu 402.01(a).
Source. #9044, eff 12-5-07; ss by #9608,
eff 12-2-09
Plu
404.03 Application Process for
Reinstatement of Individual Plumbing Licenses and the Board's Processing of
Applications.
(a)
Each individual applying for reinstatement of licensure shall submit:
(1) The completed, signed and dated reinstatement
application form described in Plu 404.04;
(2) The supporting materials described in Plu
404.05; and
(3) Payment of the fees stated in Plu 404.02(d).
(b) If the board, after receiving and reviewing
the application materials described in (a) above requires additional
information or documents to determine the applicant's eligibility for
reinstatement of licensure, the board shall:
(1) So notify the reinstatement applicant in
writing within 60 days; and
(2) Specify the information or documents it
requires.
(c)
The board shall deny the application for reinstatement of licensure if
the applicant does not submit the requested additional information or documents
within 60 days of the request.
(d)
The board shall approve or deny the application for reinstatement of
licensure within 120 days of the date that the board’s office has received the
completed, signed and dated application form, the supporting materials, the
payment for fees and any information or documents requested under (b) above.
(e)
If the board denies the application for reinstatement of licensure, the
board shall provide the applicant with written reasons for the denial.
(f)
An applicant for reinstatement of licensure wishing to challenge the
board's denial of the application shall make a written request for a hearing of
the challenge and submit it:
(1) Within 60 days of the notice of the denial;
or
(2) If the applicant is on active military duty
outside the
Source. #9044, eff 12-5-07; ss by #9608, eff 12-2-09
Plu 404.04 Reinstatement Application Form. The reinstatement application form shall
require the applicant to furnish the information which an applicant for initial
licensure is required to provide on the initial licensure application form
described in Plu 302.03 except for answers to the questions described in Plu
302.03(d)(7), Plu 302.03(d)(8) and Plu 302.03(d)(10).
Source. #9044, eff 12-5-07; ss by #9608, eff 12-2-07
Plu 404.05 Supporting Materials. An applicant for reinstatement of licensure
shall provide, or arrange for the board to receive, the following documents
supporting the application:
(a)
A photograph of the applicant’s face:
(1) Not more than 1 inch or less than ¾ inch
wide; and
(2) Taken not more than 6 months before the
submission of the application;
(b)
If the applicant holds a currently valid license issued by another
jurisdiction, a photocopy of such license;
(c)
On a separate sheet, a detailed report of the relevant circumstances if
the applicant answered any of the questions followed by "yes" and
"no" boxes by checking the "yes" box;
(d)
Unless the information is available only on a secure internet site
operated by the regulatory agency, an official letter sent directly to the
board by each regulatory agency which has issued to a license or other
authorization to practice plumbing:
(1) Stating whether the license or authorization
is, or was during its period of validity, in good standing; and
(2) Stating whether disciplinary action was taken
against the license or authorization; and
(e)
The applicant's examination score.
Source. #9608, eff 12-2-09
Plu 404.06 Effect of Signature. The effect of the reinstatement applicant's signature
on part one of the reinstatement application form shall be:
(a) The applicant’s acknowledgement that, under
RSA 641:2, I, knowingly making a false statement on the application form is a
misdemeanor;
(b) The applicant’s certification that:
(1) The information provided on all of the parts
of the application form and in the documents personally submitted to support
the application is complete and accurate to the best of the applicant’s
knowledge and belief; and
(2) The applicant has read the statutes and
administrative rules of the board; and
(c) The applicant’s promise to abide by RSA 329-A
and the rules of the board.
Source. #9608, eff 12-2-09
PART
Plu 405 RENEWAL OF PLUMBING LICENSES FOR
BUSINESS ENTITIES
Plu
405.01 Expiration of Business Entity Plumbing Licenses.
(a) Pursuant to RSA 329-A:11, II, business entity
plumber licenses shall expire annually on the last day of January of each year.
(b) Business entities which have not had their
licenses renewed by the board before the expiration date of the license being
renewed:
(1) Shall not engage in plumbing until their
licenses have been renewed; and
(2) Shall be subject to the provisions of RSA
329-A:18, II if they engage in plumbing without a currently valid license.
Source. #9608, eff 12-2-09
Plu
405.02 Eligibility for Renewal of
Business Entity Plumbing Licenses.
A
business entity shall be eligible for renewal of its plumbing license unless:
(a) The license is under suspension by the board,
in which case it shall not be eligible until the suspension has ended;
(b) Its license to engage in plumbing has been
revoked in
(c) The business entity has been convicted of a
felony;
(d) The business entity has been the subject of a
civil court judgment:
(1) In the amount of $3000.00 or more, excluding
interest; and
(2) Based at least in part on liability for
injury to, or death of, a person;
(e)
The business entity has been the subject of 3 or more civil court
judgments, each in the amount of $5000.00 or more, excluding interest;
(f)
The business entity does not have a sole proprietor, corporate officer,
managing member or partner, as applicable, who:
(1) Is a master plumber currently licensed in
(2) Accepts responsibility for the business
entity's performing plumbing work in accordance with the state plumbing code or
any more stringent local code; or
(g)
The business entity has not:
(1) Complied with the application procedures set
forth in Plu 405.03;
(2) Paid the renewal fee set forth in Plu 308.06
for the type of license being renewed; and
(3) Paid any applicable late renewal fees
specified by Plu 308.07.
Source. #9608, eff 12-2-09
Plu
405.03 Procedures for Renewal of
Business Entity Plumbing Licenses.
(a)
Business entities seeking renewal of their licenses to engage in
plumbing shall do so by submitting the fee payment and the completed, signed
and dated renewal application form described in (b) below:
(1) On a timely renewal basis, by the last day of
January each year; or
(2) On a late renewal basis, by the last day of
January of the following year.
(b)
The renewal application form shall:
(1) Be provided by the board;
(2) Contain the following pre-printed statement:
"I
acknowledge that, under RSA 641:2, I, knowingly making a false statement on
this application form is a misdemeanor. I certify that the information I have
provided on the application form is complete and accurate to the best of my knowledge
and belief.";
(3) Require
the provision of the following information:
a. Identification of the business;
b. Identification of the individual who meets
the requirements of Plu 405.02(c);
c. A list of all employees of the business
entity who perform plumbing work;
d. A detailed account of the circumstances
relating to any court judgments against the business entity; and
e. A detailed account of the circumstances
relating to any criminal conviction of the business entity; and
(4) Be dated and signed by the sole proprietor,
corporate officer, managing member of the limited liability company or partner,
as applicable, who meets the requirements of 405.02(c).
(c)
Business entities that wish to be re-licensed to engage in plumbing but
fail to submit a completed, signed and dated renewal application form within
the timelines set out in (a) above shall apply for reinstatement of licensure
in accordance with Plu 406.
Source. #9608, eff 12-2-09
Plu
405.04 The Effect of the Signature on
the Application Form for the Renewal of Business Entity Plumbing Licenses. The effect of the signature required by Plu
405.03(b)(4) shall be:
(a)
The signer's acknowledgement that, under RSA 641:2, I,
knowingly making a false statement on the application form is a misdemeanor;
and
(b)
The signer's certification that
the information provided on the renewal application form is complete and
accurate to the best of the signer's knowledge and belief.
Source. #9608, eff 12-2-09
Plu 405.05 Board's Processing of Applications for
Renewal of Business Entity Plumbing Licenses.
(a)
If, after receiving and reviewing the completed, signed and dated
renewal application form submitted by a business entity, the board requires
further information or documents to determine the applicant's qualification for
renewal of licensure, the board shall:
(1) So notify the applicant in writing within 30
days; and
(2) Specify the additional information or
documents it requires.
(b)
The board shall deny the renewal application if the applicant does not
submit the additional information or documents requested within 30 days of its
request.
(c)
The board shall approve or deny the renewal application within 120 days
of the date that the board’s office has received the completed, signed and
dated application form and any additional information or documents it has
requested.
(d)
If the board denies the renewal application, the board shall provide the
renewal applicant with written reasons for the denial.
(e)
A renewal applicant wishing to challenge the board's denial shall make a
written request for a hearing:
(1) Within 60 days of the notice of the denial;
or
(2) If the only member of the business who meets
the requirements of Plu 405.02(c) is on active military duty outside the
Source. #9608, eff 12-2-09
PART
Plu 406 REINSTATEMENT OF PLUMBING
LICENSES FOR BUSINESS ENTITIES
Plu 406.01 Types of Reinstatement of Plumbing
Licenses for Business Entities. The
board shall reinstate plumbing licenses for business entities:
(a) In accordance with the terms of
the board's order if the licenses were suspended for disciplinary reasons; and
(b)
In accordance with Plu 406.02 if the licenses lapsed as a result of
non-renewal.
Source. #9608, eff 12-2-09
Plu 406.02 Eligibility for Reinstatement of Lapsed
Plumbing Licenses for Business Entities.
A business entity shall be eligible for reinstatement of its lapsed
plumbing license if:
(a)
The board has not revoked the license;
(b)
The license is not under suspension by the board;
(c)
No other jurisdiction has revoked a license to engage in plumbing which
it had issued to the business entity;
(d)
The business entity has not been convicted of a felony;
(e)
The business entity has not been the subject of a civil court judgment:
(1) In the amount of $3000.00 or more, excluding
interest; and
(2) Based at least in part on liability for
injury to, or death of, a person;
(f)
The business entity has not been the subject of 3 or more civil court
judgments, each in the amount of $5000.00 or more, excluding interest;
(g)
The business entity has a sole proprietor, corporate officer, managing
member or partner, as applicable, who:
(1) Is a master plumber currently licensed in
(2) Accepts responsibility for the business
entity's performing plumbing work in accordance with the state plumbing code or
any more stringent local code;
(h)
The business entity has complied with the reinstatement application
procedures set forth in Plu 406.03; and
(i)
The business entity pays the following fees:
(1) The renewal fee for the type of license being
renewed as set forth in Plu 308.06; and
(2) The total of any late renewal fees accrued by
the last day of January one year after the original expiration date of the
license.
Source. #9608, eff 12-2-09
Plu 406.03 Application Process for Reinstatement of
Lapsed Plumbing Licenses for Business Entities.
(a)
Each corporation, limited liability company or partnership seeking
reinstatement of a lapsed license to practice plumbing shall do so by
submitting the following application packet:
(1) A business application form provided by the
board that meets the requirements of Plu 302.06;
(2) The additional supporting materials specified
by Plu 302.08; and
(3) The fees specified by Plu 406.02(f).
(b)
The board shall not consider a request for reinstatement of licensure
until the completed reinstatement application packet described in (a) above has
been received by the board’s office.
(c)
If the board, after receiving and reviewing the completed reinstatement
application packet, requires further information or documents to determine the
applicant's qualification for reinstatement of licensure, the board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it
requires.
(d)
The board shall deny the reinstatement application if the applicant does
not submit the additional information or documents requested under (c) above
within 60 days of the request.
(e)
The board shall approve or deny the reinstatement application in writing
within 120 days of the date that the board’s office has received the completed
reinstatement application packet and any information or documents requested
under (c) above.
(f)
A business applicant wishing to challenge the board's denial of its
reinstatement application shall make a written request for a hearing of the
challenge and submit it within 60 days of the notice of the denial.
Source. #9608, eff 12-2-09
PART Plu 407 REVOCATION, SUSPENSION AND OTHER SANCTIONS
Plu 407.01 Misconduct. Misconduct shall be:
(a) The practice of
fraud or deceit in procuring or attempting to procure a license or certificate;
(b) Conviction while
licensed or certified of:
(1) A felony;
(2) Any criminal offense involving injury to a
victim or the risk of such injury; or
(3) Any criminal offense involving dishonesty;
(c) Any
unprofessional conduct, or dishonorable conduct unworthy of, and affecting the
practice of, plumbing or water treatment, including:
(1) Any violation of Plu 500;
(2) Any violation of the state building code set
forth in RSA 155-A:1, IV;
(3) Any violation of a local code more stringent
than the state building code;
(4) The allowance by a plumbing licensee of the
performance of plumbing work by an individual who is neither a licensed plumber
nor an apprentice holding a currently valid identification card; and
(5) The allowance by a plumbing licensee of the
performance of plumbing work by an apprentice in violation of the
apprenticeship agreement required by RSA 278 and its implementing rules;
(d) Negligent or
willful acts performed in a manner inconsistent with the health or safety of
persons under the care of the licensee or certificate holder;
(e) Addiction to the
use of alcohol or other habit-forming drugs to a degree which renders him or
her unfit to practice plumbing or water treatment;
(f) Mental or
physical incompetence to practice plumbing or water treatment;
(g) Willful or
repeated violation of RSA 329-A; and
(h) Suspension or
revocation without reinstatement of a license or certification similar to one
issued under RSA 329-A in another jurisdiction.
Source. #9607, eff 12-2-09 (formerly Plu 404.01)
Plu 407.02 Sanctions. Pursuant to RSA 329-A:12, III, disciplinary
measures available to sanction misconduct shall be:
(a) A reprimand in
the form of a non-public letter sent to the licensee or certificate
holder;
(b) Suspension,
limitation or restriction of license for a period of up to 5 years;
(c) Revocation of
license or certification; and
(d) Requiring the
licensed plumber or certified water treatment technician to participate in a
program of continuing education in the area or areas in which he or she has
been found deficient.
Source. #9607, eff 12-2-09 (formerly Plu 404.02)
Plu 407.03 Procedure
for the Imposition of Sanctions.
Other than the immediate suspension of licensure authorized by RSA
541-A:30, III, the board shall impose disciplinary sanctions only:
(a) After prior
notice to the licensee or certificate holder and the opportunity for him or her
to be heard; or
(b) By agreement in
a settlement between the board and the licensee or certificate holder made
pursuant to Plu 213.
Source. #9607, eff 12-2-09 (formerly Plu 404.03)
Plu 407.04 Determinations
of Sanctions.
(a) In determining
which sanction or combination of sanctions to impose, the board shall:
(1) First determine the nature of the act or
omission constituting the misconduct done by the licensee or certificate
holder;
(2) Next determine whether the misconduct has one
or more of the characteristics listed in (b) below; and
(3) Finally, apply the standards in (c) below.
(b) The
characteristics shall be:
(1) The misconduct actually caused physical or
mental harm to an individual;
(2) The misconduct had the potential to cause
physical or mental harm to an individual;
(3) The misconduct replicated earlier misconduct
done by the licensee or certificate holder, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated on
the same misconduct; or
c. An admission by the licensee or certificate
holder;
(4) The misconduct was not the first misconduct
by the licensee or certificate holder, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated on
misconduct by the licensee or certificate holder; or
c. An admission by the licensee or certificate
holder; and
(5) The misconduct was intentional rather than
the result of negligence or inadvertence.
(c) The board shall
select appropriate sanction(s):
(1) From the list in Plu 407.02; and
(2) By choosing, in light of the characteristics
determined pursuant to (b) above, the sanction most likely to:
a. Protect public health and safety;
b. Prevent future misconduct by the licensee or
certificate holder;
c. Take into account any acknowledgement of
fault and any cooperation by the licensee or certificate holder with the
board's investigation of misconduct;
d. Correct any attitudinal, educational or other
deficiencies which led to the misconduct;
e. Encourage the responsible practice of
plumbing or water treatment; and
f. Demonstrate to the licensee or to the
certificate holder and also to the public the board's intention to insure that
the practices of plumbing and water treatment are in accordance with applicable
law and the public welfare.
Source. #9607, eff 12-2-09 (formerly Plu 404.04)
PART
Plu 408 ONGOING REQUIREMENTS FOR
PLUMBING LICENSEES AND PLUMBING APPRENTICES
Plu 408.01 Administrative Obligations.
(a)
Apprentices and licensees, whether individuals or business entities,
shall notify the board's office of a change of name, address or telephone
number within 30 days of the date of the change.
(b)
Licensed plumbing businesses shall complete and submit a new initial
licensure application whenever the master plumber corporate officer, limited
liability company managing member or partner who signed the business entity's
application for initial licensure is replaced by another individual.
(c)
Whenever individual or plumbing business licensees begin a plumbing job
in a location where there is no local code enforcement authority, they shall
report by fax, e-mail or letter to the board's office:
(1) The name of the licensee beginning the job;
(2) The address of the job site; and
(3) Whether the job is remodeling, rehabilitation
or new construction.
Source. #9608, eff 12-2-09
Plu 408.02 Limitation on Number of Apprentices. Except as approved by the apprenticeship
council, plumbing licensees shall employ at any one time no more than the
following number of apprentices:
(a)
One apprentice per licensee if there are between one and 5 licensees;
and
(b)
If there are more than 5 licensees, one additional apprentice for each 3
additional licensees.
Source. #9608, eff 12-2-09
Plu 408.03 Advertising on Vehicles.
(a)
An individual master plumber displaying his or her name on the exterior
of a vehicle shall also display his or her master plumber license number:
(1) In legible type at least 3 inches in height;
and
(2) On all the parts of the vehicle where the
name is displayed.
(b)
A licensed plumbing business displaying on the exterior of a vehicle the
name of the business or the fact that it is a plumbing business shall also
display the license number issued by the board:
(1) In legible type at least 3 inches in height;
and
(2) On all the parts of the vehicle where the
name is displayed.
Source. #9608, eff 12-2-09
Plu 408.04 Non-vehicle Advertising.
(a)
Business and individual licensees using visual advertising to advertise
plumbing services shall display their plumbing license numbers in type at least
one third the size of the type used to display their names on televised
advertising, billboards, advertising in the press, visual advertising on the
web, visual advertising in movie theatres and advertising on business cards and
stationery.
(b)
Business and individual licensees advertising plumbing services through
the use of sound shall give their plumbing license numbers at least once in
every instance of radio advertising, auditory television advertising, auditory
advertising on the web and auditory advertising in movie theatres.
Source. #9608, eff 12-2-09
CHAPTER Plu 500 CODE OF ETHICS
PART Plu 501 PURPOSE
Plu 501.01 Purpose. The purposes of these rules are:
(a) To promote
ethical behavior by plumbing licensees and holders of water treatment
technician certificates; and
(b) To establish
professional standards against which the conduct of plumbers and water
treatment technicians can be evaluated under Plu 404.01(c).
Source. #9142, eff 4-25-08
PART Plu 502 DEFINITIONS
Plu 502.01 “Plumbing
system” means all piping, fixtures, fixed appliances and
appurtenances, and connections required for the following:
(a)
Sanitary drainage
and storm drainage of a building to a minimum of 30 inches beyond the
foundation wall or the building’s outside dimension;
(b)
Special wastes
systems;
(c)
Venting systems;
and
(d)
Water distribution systems including backflow prevention devices and any
necessary interconnections of piping between buildings or
structures.
Source. #9142, eff 4-25-08
PART Plu 503 ETHICAL OBLIGATIONS
Plu 503.01 Obligations
of Plumbing Licensees and Holders of Water Treatment Technician Certificates. Licensees and certificate holders shall:
(a) Always keep
themselves informed about the state plumbing code and the administrative rules
of the board;
(b) Obtain local
permits and inspections as required;
(c) Cooperate with
local code enforcement personnel;
(d) Give accurate
and complete information when asked to do so as part of an investigation or
hearing by any governmental entity; and
(e) Inform their
customers or potential customers accurately about any reasonably foreseeable
need for future services.
Source. #9142, eff 4-25-08
PART Plu 504 PROHIBITED ACTIONS
Plu 504.01 Prohibited
Actions of Plumbing Licensees and Holders of Water Treatment Technician
Certificates. Licensees and
certificate holders shall not:
(a) Deny services to
any person by reason of race, creed, gender, sexual orientation, country of
origin, religion or disability;
(b) Allow any other
individual or entity to use the licensee’s license or the certificate-holder’s
certificate for the purpose of facilitating the issuance of permits or for any
other purpose;
(c) If they are
plumbing licensees, sub-contract any plumbing work to any unlicensed individual
or entity;
(d) Misrepresent to
their customers or to the public, in advertising or otherwise:
(1) Their services;
(2) Materials required to be used in delivering
their services; or
(3) The charges for services or materials;
(e) Misrepresent to
their customers or potential customers the safety, viability or compliance with
the state plumbing code of the customers' plumbing systems; or
(f) Attempt to
induce their customers to purchase services or materials not reasonably
required for the work the customers have requested to be done.
Source. #9142, eff 4-25-08
APPENDIX
Rule |
Statute |
|
|
Plu
101 |
RSA
541-A:7 |
Plu
102 |
RSA 541-A:7 |
Plu
103.01 |
RSA
329-A:3, I |
Plu
103.02(a)-(c) |
RSA 541-A:16, I(a) |
Plu
103.02(d) |
RSA 329-A:5
|
Plu
103.02(e) |
RSA 541-A:16, I(a) |
Plu
103.02(f) |
RSA 91-A:2 |
Plu
103.03(a) |
RSA 91-A:2, II |
Plu
103.03(b) |
RSA 541-A:16, I(a) |
Plu
103.03(c) |
RSA 91-A:2, II and
RSA 91-A:4 |
Plu
103.04(a) |
RSA 329-A:8, RSA
329-A:9, RSA 329-A:10 and RSA 329-A:11, III |
Plu
103.04(b) |
RSA 329-A:9-a |
Plu
103.04(c) |
RSA 329-A:9-b |
Plu
103.04(d) |
RSA 329-A:12 |
Plu
104 |
RSA 541-A:16, I(a) |
|
|
Plu 201 |
RSA 541-A:7 |
Plu 202.01 |
RSA
541-A:16, |
Plu 203.01 and 203.02 |
RSA 541-A:16, I(b)(2) |
Plu 203.03 |
RSA 541-A:31, I |
Plu 204.01 |
RSA 541-A:16, I(b)(2) |
Plu 204.02 |
RSA 541-A:30-a,
III(k) |
Plu 204.03 |
RSA 541-A:30-a,
III(j) |
Plu 205 |
RSA 541-A:30-a,
III(f) |
Plu 206 |
RSA 541-A:30-a,
III(a) |
Plu 207 |
RSA 541-A:16, I(b)(2) |
Plu
208.01 |
RSA
541-A:16, |
Plu 208.02 |
RSA 541-A:30, III |
Plu 208.03 |
RSA 541-A:30-a,
III(b) |
Plu 208.04 |
RSA 541-A:31, V(b)(c)
and (d); RSA 541-A:16, I(b)(2) |
Plu 208.05(a) |
RSA 541-A:31, VII |
Plu 208.05(b) |
RSA 541-A:30, III |
Plu 208.05(c) |
RSA 541-A:31, VII;
RSA 541-A:16, I(b)(2) |
Plu 209.01 and 209.02 |
RSA 541-A:32, I, II
and III; RSA 541-A:16, I(b)(2) |
Plu
209.03 |
RSA
541-A:16, |
Plu 210.01 |
RSA 541-A:30-a,
III(h) |
Plu 210.02 |
RSA 541-A:16, I(b)(2) |
Plu 211 |
RSA 541-A:30-a,
III(c) |
Plu 212.01 |
RSA 541-A:30-a,
III(d) and (e) |
Plu 212.02 |
RSA 541-A:31, IV; RSA
541-A:16, I(b)(2) |
Plu 212.03(a) |
RSA 541-A:33 |
Plu 212.03 (b)-(e) |
RSA 541-A:16, I(b)(2) |
Plu 212.04 and 212.05 |
RSA 541-A:16, I(b)(2) |
Plu 212.06 |
RSA 541-A:30-a,
III(i) |
Plu 212.07(a)-(e) |
RSA 541-A:16, I(b)(2) |
Plu 212.07(f) |
RSA 541-A:30-a,
III(l) |
Plu 212.08 |
RSA 541-A:16, I(b)(2) |
Plu 213.01 |
RSA
541-A:38 and RSA 541-A:16, |
Plu 214 |
RSA 541-A:4; RSA
541-A:16, I(c) |
Plu 215 |
RSA 541-A:16, I(b)(3) |
Plu 216 |
RSA 541-A:16, I(d) |
Plu
217 |
RSA
541-A:11, VII |
|
|
Plu
301 |
RSA
541-A:7 |
Plu
302 |
RSA
329-A:14, I and II |
Plu
302.01 and 302.02 |
RSA
329-A:14, II |
Plu
302.03(a)-(d) |
RSA
329-A:14, I |
Plu
302.03(e)(1) |
RSA
329-A:14, I; RSA 332-A:1 |
Plu
302.03(e)(2)-Plu 302.09 |
RSA
329-A:14, I |
Plu
303.01(a) |
RSA
329-A:8; RSA 329-A:14, II |
Plu
303.01(b) |
RSA
329-A:9; RSA 329-A:14, II |
Plu
303.02 |
RSA
329-A:10 |
Plu
303.02 |
RSA
329-A:10, II |
Plu
304 |
RSA
329-A:7 |
Plu
305 |
RSA
329-A:9-b; RSA 329-A:14, VI |
Plu
306.01(a) |
RSA
329-A:14, III |
Plu
306.01(b)(1) |
RSA
329-A:9-a, I |
Plu
306.01(b)(2) |
RSA
329-A:9-a, IV |
Plu
306.01(c) |
RSA
329-A:14, III |
Plu
306.02 |
RSA
329-A:7 |
Plu
306.03 |
RSA
329-A:9-a, III |
Plu
307 |
RSA
329-A:14, III; RSA 329-A:14, VIII |
Plu
308 |
RSA
329-A:5-a |
Plu
308.08(a) |
RSA
329-A:5-a; RSA 329-A:17; RSA 329-A:16 |
Plu
308.08(b) and (c) |
RSA
541-A:16, |
|
|
Plu
401.01 |
RSA
541-A:7 |
Plu
402.01(a) |
RSA
329-A:11, I. |
Plu
402.01(b) |
RSA
329-A:18, II. |
Plu
402.02 and Plu 402.03 |
RSA
329-A:14, II. |
Plu
402.04 |
RSA
541-A:16, |
Plu
403.01 |
RSA
329-A:11, III. |
Plu
403.02(a)(1), (2) and (3)a. |
RSA
329-A:11, III. |
Plu
403.02(a)(3)b. |
RSA
329-A:11, IV. |
Plu
403.02(b) and (c) and Plu 403.03 |
RSA
329-A:11, III. |
Plu
404 |
RSA
329-A:14, II. |
Plu
405.01(a) |
RSA
329-A:11, II. |
Plu
405.01(b) |
RSA
329-A:18, II. |
Plu
405.02 through Plu 405.04 |
RSA
329-A:14, II. |
Plu
405.05 |
RSA
541-A:16, |
Plu
406 |
RSA
329-A:14, II. |
Plu
407.01 |
RSA
329-A:12, II |
Plu
407.02 |
RSA
329-A:12, III |
Plu
407.03 and Plu 407.04 |
RSA
541-A:16, I(b) |
Plu
408 |
RSA
329-A:14, VIII. |
|
|
Plu
501 and Plu 502 |
RSA
541-A:7 |
Plu
503 and Plu 504 |
RSA
329-A:14, VIII |