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Session of 2000
          HOUSE BILL No. 2686           By Committee on Federal and State Affairs           1-20          

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  9             AN  ACT enacting the plumbing, mechanical, heating, refrigeration, air-
10             conditioning and ventilation license law and protection act; regulating
11             such practices and prescribing certain guidelines and powers, duties
12             and functions for the secretary of health and environment; establishing
13             the Kansas state advisory board of plumbing and mechanical, heating,
14             ventilation, refrigeration and air-conditioning.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. This act shall be known and may be cited as the plumbing,
18       mechanical, heating, refrigeration, air-conditioning and ventilation license
19       law and protection act.
20             Sec.  2. (a) The secretary of health and environment shall be respon-
21       sible for the administration and enforcement of the provisions of this act
22       and any rules and regulations adopted pursuant thereto.
23             (b) The secretary of health and environment shall prescribe appli-
24       cation forms for original and renewal licenses and shall prescribe the
25       design of the licenses for each category of licensure prescribed by this
26       act.
27             (c) The secretary of health and environment shall prescribe the
28       method and content of examinations administered under this act. The
29       examinations under this act shall be offered at locations within the state
30       as determined by the secretary of health and environment and shall be
31       offered periodically as determined necessary by the secretary of health
32       and environment.
33             (d) The secretary of health and environment shall adopt rules and
34       regulations fixing reasonable license fees for the categories of licensure:
35       (1) Mechanical heating, ventilation, refrigeration and air-conditioning
36       master; (2) mechanical heating, ventilation, refrigeration and air-condi-
37       tioning journeyman; (3) master plumber; and (4) journeyman plumber.
38       Such fees shall be in the amounts, which, together with any other moneys
39       available therefor, will produce an amount which will provide for proper
40       administration of this act.
41             (e) The secretary of health and environment shall develop and ad-
42       minister continuing education programs for persons licensed under this
43       act.

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  1             (f) The secretary of health and environment shall determine and pre-
  2       scribe insurance requirements for persons licensed under this act.
  3             (g) The secretary of health and environment shall maintain a record
  4       of all regulatory activities and other proceedings under this act.
  5             Sec.  3. (a) There is hereby established the Kansas state advisory
  6       board of plumbing and mechanical, heating, ventilation, refrigeration and
  7       air-conditioning to advise the secretary of health and environment in
  8       adopting rules and regulations and in other matters regarding the en-
  9       forcement and administration of this act and to advise the secretary of
10       health and environment in fixing fees for all categories of licensure under
11       this act.
12             (b) The secretary of health and environment and the chief adminis-
13       trator of this act, as designated by the secretary of health and environ-
14       ment, shall serve as ex officio, nonvoting members of the advisory board.
15       Any vacancy in the position of any member of the advisory board shall be
16       filled by the governor by appointment for the remainder of the unexpired
17       term of a person who represents the same interests with which the pred-
18       ecessor was qualified for appointment.
19             (c) The Kansas state advisory board of plumbing and mechanical,
20       heating, ventilation, refrigeration and air-conditioning shall consist of 23
21       persons who are citizens of the United States of America and residents
22       of Kansas, including the ex officio, nonvoting members. Members of the
23       advisory board shall be appointed by the governor and shall hold office
24       for terms of three years or until their successors are appointed and qual-
25       ified. No person may be appointed to more than two consecutive terms
26       on the board.
27             (d) Appointments to the advisory board shall be made without regard
28       to the race, creed, sex, religion or national origin of the appointees.
29             (e) Four members of the advisory board shall have at least five years
30       of practical experience as licensed plumbing contractors or licensed mas-
31       ter plumbers. At least one such person shall be appointed from within
32       each of the congressional districts of Kansas.
33             (f) Four members of the advisory board shall have at least five years
34       of practical experience as journeyman plumbers. One such person shall
35       be appointed from within each of the congressional districts of Kansas.
36             (g) Four members of the advisory board shall have at least five years
37       of practical experience as licensed mechanical, heating, ventilation, re-
38       frigeration and air-conditioning contractors or licensed mechanical, heat-
39       ing, ventilation, and air-conditioning masters. One such member shall be
40       appointed from within each of the congressional districts of Kansas.
41             (h) Four members of the advisory board shall have at least five years
42       of practical experience as mechanical, heating, ventilation, refrigeration
43       and air-conditioning journeymen. One such member shall be appointed

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  1       from within each of the congressional districts of Kansas.
  2             (i) At least two of the persons appointed as members of the advisory
  3       board who meet all other requirements shall be appointed from mechan-
  4       ical or plumbing, or any combination thereof, education entities.
  5             (j) One member of the advisory board shall be a mechanical engineer
  6       licensed by the state board of technical professions.
  7             (k) One member of the advisory board shall have at least five years
  8       of practical experience as a plumbing code enforcement inspector.
  9             (l) One member of the advisory board shall have at least five years of
10       practical experience as a mechanical, heating, ventilation, refrigeration
11       and air-conditioning code enforcement inspector.
12             (m) One member of the advisory board shall be a representative of
13       the general public.
14             (n) The advisory board annually shall elect a chairperson and a sec-
15       retary from its members and may adopt such procedural rules as it deems
16       necessary for the orderly conduct of its affairs. The advisory board shall
17       meet at least once every six months and may meet at other times at the
18       call of the chairperson. The advisory board shall meet at a place desig-
19       nated by the advisory board within the state of Kansas. A majority of the
20       advisory board shall constitute a quorum for the transaction of business.
21             (o) The advisory board members shall serve without compensation.
22       Members of the advisory board shall receive reimbursement for actual
23       and necessary expenses incurred in performing functions as a member of
24       the advisory board as provided in K.S.A. 75-3223, and amendments
25       thereto.
26             Sec.  4. (a) A person shall not be eligible for appointment as a mem-
27       ber representing the general public on the Kansas state advisory board
28       of plumbing and mechanical, heating, ventilation, refrigeration and air-
29       conditioning and shall be disqualified to serve as a member of the advisory
30       board representing the general public if the person or the person's
31       spouse:
32             (1) Is or becomes employed by an occupational regulatory agency in
33       the building construction industry;
34             (2) is or becomes employed by or participates or commences partic-
35       ipation in the management of an agency or business entity related to the
36       building construction industry; or
37             (3) has or acquires, other than as a consumer, a financial interest in
38       a business entity related to the building construction industry.
39             (b) No person who is required to register as a lobbyist under the state
40       governmental ethics law may serve as a member of the advisory board.
41             (c) A member of the advisory board may be removed from such office
42       if such member:
43             (1) Did not have at the time of appointment the qualifications re-

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  1       quired by section 3 and amendments thereto under which such person
  2       was appointed to the advisory board;
  3             (2) does not maintain, during such member's term of office as a mem-
  4       ber of the advisory board, the qualifications required by section 3 and
  5       amendments thereto under which such person was appointed to the ad-
  6       visory board;
  7             (3) violates a prohibition imposed by this act or any rule and regu-
  8       lation adopted under this act or becomes disqualified to serve as a mem-
  9       ber of the advisory board under subsection (a) or (b); or
10             (4) fails to adhere to the attendance policy. Failure to attend two
11       consecutive regularly scheduled meetings of the advisory board held in
12       any calendar year shall require the board to notify the nonattending mem-
13       ber that any further absence shall be grounds for immediate removal from
14       the board.
15             Sec.  5. (a) The Kansas state advisory board of plumbing and me-
16       chanical, heating, ventilation, refrigeration and air-conditioning shall:
17             (1)  Advise the secretary of health and environment in the adminis-
18       tration of the provisions of this act;
19             (2) advise the secretary of health and environment in the adoption,
20       amendment and enforcement of all rules and regulations deemed nec-
21       essary to implement and administer this act;
22             (3) advise the secretary of health and environment in adoption of
23       rules and regulations prohibiting false, misleading or deceptive advertis-
24       ing practices by persons not licensed under this act;
25             (4) assist the secretary of health and environment in the preparation
26       and implementation of continuing education programs for licensees;
27             (5) advise the secretary of health and environment as to the content
28       of standard examinations for the determination of competency for licen-
29       sure; and
30             (6) advise the secretary of health and environment on the codes and
31       standards to be used for such examinations and upon the selection of a
32       third-party testing agency to administer such examinations.
33             (b) The Kansas state advisory board of plumbing and mechanical,
34       heating, ventilation, refrigeration and air-conditioning is subject to the
35       provisions of K.S.A. 75-4317 through 75-4320a and amendments thereto,
36       pertaining to open public meetings.
37             Sec.  6. (a) The secretary of health and environment shall issue li-
38       censes to such persons as have by the examination shown themselves fit,
39       competent and qualified to engage in the business, trade or calling of a
40       master plumber, a journeyman plumber, or a mechanical, heating, ven-
41       tilation, refrigeration and air-conditioning master or mechanical, heating,
42       ventilation, refrigeration and air-conditioning journeyman. On or after
43       July 1, 2000, without further examination or requirement, licenses shall

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  1       be issued to persons who meet one or more of the following criteria, in
  2       accordance with the provision of this subsection (a).
  3             (1) The appropriate master plumber license or mechanical, heating,
  4       ventilation, refrigeration and air-conditioning master license shall be is-
  5       sued to:
  6             (A) All persons currently possessing a Block & Associates plumbing
  7       or mechanical, heating, ventilation, refrigeration and air-conditioning
  8       master certification;
  9             (B) all persons who are certified or licensed by a city or county located
10       in Kansas as plumbing or mechanical, heating, ventilation, refrigeration
11       and air-conditioning masters as of December 31, 1999, and who were so
12       certified or licensed for a period of not less than the 12 months preceding
13       July 1, 2000; and
14             (C) one person from each firm who can show proof of ownership,
15       partnership or status as a corporate officer and active involvement in a
16       plumbing and mechanical, heating, ventilation, refrigeration and air-con-
17       ditioning contracting business for a period of not less than the five con-
18       secutive years immediately preceding July 1, 2000;
19             (2) The appropriate journeyman plumber license or a mechanical,
20       heating, ventilation, refrigeration and air-conditioning journeyman license
21       shall be issued to:
22             (A) All persons currently possessing a Block & Associates plumbing
23       and mechanical, heating, ventilation, refrigeration and air-conditioning
24       journeyman certification;
25             (B) all persons certified or licensed by a city or county located in
26       Kansas as plumbing or mechanical, heating, ventilation, refrigeration and
27       air-conditioning journeymen as of December 31, 1999, and who were so
28       certified or licensed for a period of not less than the 12 months preceding
29       July 1, 2000; and
30             (C) all persons who can show proof of employment as a journeyman
31       by one or more plumbing or mechanical, heating, ventilation, refrigera-
32       tion and air conditioning contracting business for a period of not less than
33       the five consecutive years immediately preceding July 1, 2000.
34             (b) The secretary of health and environment shall determine the suf-
35       ficiency of the documentation or other proof of experience submitted
36       under this section.
37             Sec.  7. Each written contract for services in this state by a master
38       plumber, journeyman plumber, mechanical, heating, ventilation, refrig-
39       eration and air-conditioning master or mechanical, heating, ventilation,
40       refrigeration and air-conditioning journeyman who is licensed under this
41       act shall contain the license number, name, mailing address and tele-
42       phone number of the licensee.
43             Sec.  8. (a) The secretary of health and environment may issue a med-

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  1       ical gas piping installation endorsement to a qualified person who is a
  2       master plumber or journeyman plumber and who is licensed as such
  3       under this act. A medical gas piping installation endorsement entitles the
  4       holder of a master plumber or mechanical license or journeyman plumber
  5       or mechanical license to install pipe used solely to transport gases used
  6       for medical purposes.
  7             (b) To be eligible for a medical gas piping installation endorsement
  8       under this section, a master plumber or journeyman plumber or me-
  9       chanical contractor who is licensed as such under this act must perform
10       satisfactorily on a separate examination related to the endorsement which
11       has been approved by the secretary of health and environment for this
12       purpose.
13             (c) A medical gas piping installation endorsement issued under this
14       section shall be valid for one year and may be renewed if the endorsement
15       described in subsection (b) on or before February 1, of any year in the
16       same manner as a license renewal under section 11 and amendments
17       thereto.
18             Sec.  9. (a) With respect to any person licensed under this act, the
19       secretary of health and environment shall revoke or suspend a license,
20       place a licensee on probation for a specified period or reprimand a li-
21       censee for any violation of this act or any rules and regulations adopted
22       under this act. In addition to other provisions of this act, it is a violation
23       of this act to:
24             (1) Obtain a license under this act through fraud;
25             (2) willfully, negligently or arbitrarily violate one or more municipal
26       rules or ordinances regulating practices for which licenses are issued un-
27       der this act;
28             (3) knowingly make a substantial misrepresentation of services to be
29       provided or which have been provided under a license issued under this
30       act; or
31             (4) make any false promise with intent to influence, persuade or in-
32       duce an individual to contract for services to be performed under any
33       license issued under this act.
34             (b) Any person whose license has been revoked under this section
35       may apply for a new license under this act after the expiration of one year
36       from the date of such revocation.
37             (c) A person who violates any provision of this act or any rule and
38       regulation adopted under this act or who violates the terms of any order
39       of the secretary of health and environment issued under authority of this
40       act shall be subject to a civil penalty imposed by the secretary of health
41       and environment in an amount of not to exceed $5,000 for each act of
42       violation and for each day of violation after notification of violation by the
43       secretary of health and environment. Each such civil penalty shall be

7
  1       recovered as provided by this act.
  2             (d) If the secretary of health and environment proposes to refuse a
  3       person's application for licensure under this act, to suspend or revoke a
  4       person's license which was issued under this act or to place a licensee on
  5       probation, including imposing practice restrictions for a specified period,
  6       such person is entitled to a hearing. Grounds for suspension or revocation
  7       of a license due to suspected incompetence or willful violation of this act
  8       by a licensee may be determined through mandatory retesting procedures
  9       which shall be prescribed by the secretary of health and environment.
10             (e) All administrative hearings and other proceedings under this act,
11       including those for the refusal, suspension or revocation of a license, are
12       governed by the Kansas administrative procedure act.
13             Sec.  10. Any person who has worked as a plumber's trainee or me-
14       chanical contractor's trainee at the business, trade or calling of a master
15       plumber, journeyman plumber, mechanical, heating, ventilation, refrig-
16       eration and air-conditioning master or mechanical, heating, ventilation,
17       refrigeration and air-conditioning journeyman for such a length of time
18       as the secretary of health and environment may prescribe in rules and
19       regulations and who desires to take an examination to become licensed
20       as a journeyman plumber or mechanical contractor, may apply to take the
21       examination provided by the secretary of health and environment.
22             Sec.  11. (a) Licenses issued by the secretary of health and environ-
23       ment under this act shall be valid throughout the state, but shall not be
24       assignable or transferable. Licenses issued under this act shall be issued
25       for one year and may be renewed annually on or before February 1, or
26       another date as otherwise provided by rules and regulations adopted un-
27       der section 12, and amendments thereto, upon payment of the required
28       fee.
29             (b) A person who has complied with the continuing education re-
30       quirement of section 13, and amendments thereto, may renew an unex-
31       pired license by paying the required renewal fee to the secretary of health
32       and environment before the expiration date of the license.
33             (c) A person who has complied with the continuing education re-
34       quirement of section 13, and amendments thereto, and whose license has
35       been expired for 90 days or less may renew the license by paying to the
36       secretary of health and environment the required renewal fee and an
37       additional fee that is equal to 50% of the amount of the examination fee
38       for the issuance of the license by the secretary of health and environment.
39             (d) If a person's license has been expired for 91 days or longer, the
40       person may not renew the license. Any such person may obtain a new
41       license under this act by submitting to reexamination and complying with
42       the requirements and procedures for obtaining an original license under
43       this act.

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  1             (e) At least 30 days before the expiration of a person's license, the
  2       secretary of health and environment shall send written notice of the im-
  3       pending license expiration to the person at the licensee's last known ad-
  4       dress according to the records of the secretary of health and environment.
  5             Sec.  12. The secretary of health and environment may adopt rules
  6       and regulations that prescribe a system under which licenses expire on
  7       various dates during the year. For the year in which the license expiration
  8       date is changed in accordance with such rules and regulations, license
  9       fees otherwise payable on or before February 1 shall be prorated on a
10       monthly basis so that each licensee shall pay only that portion of the
11       license fee which is allocable to the number of months during which the
12       license is valid. For renewal of the license on the new expiration date and
13       thereafter, the total license renewal fee shall be paid.
14             Sec.  13. Each person holding a license under this act shall complete
15       a minimum of eight hours of continuing professional education each li-
16       cense year. The secretary of health and environment shall adopt rules and
17       regulations prescribing the criteria for approval of continuing professional
18       education programs and providers under this section. To receive credit
19       in a professional education program, the program must be provided by
20       an association, business or organization approved by the secretary of
21       health and environment in accordance with such rules and regulations.
22       Individuals and approved providers of continuing education programs
23       shall meet all requirements established by the secretary of health and
24       environment in accordance with such rules and regulations for maintain-
25       ing documentation of credits earned toward the criteria adopted.
26             Sec.  14. (a) It shall be a class A misdemeanor for any person, firm
27       or corporation to engage in or work at the business of installing plumbing
28       or mechanical, heating, ventilation, refrigeration or air-conditioning work
29       unless such work is performed by or under the supervision and control
30       of the appropriate licensee for such trades as defined under this act except
31       as otherwise specifically provided under this act.
32             (b) No person shall install pipe used solely to transport gases for med-
33       ical purposes unless the person is licensed as a master plumber or me-
34       chanical contractor or journeyman plumber or mechanical contractor un-
35       der this act and holds an endorsement issued by the secretary of health
36       and environment under section 8, and amendments thereto.
37             (c) The penalties prescribed by this section shall be in addition to any
38       penalties authorized by law by local jurisdictions. The board shall pre-
39       scribe enforcement procedures by rule and regulation.
40             Sec.  15. (a) If a municipality requires a master plumber or mechan-
41       ical contractor who is licensed under this act to have a bond before the
42       licensed master plumber may be issued a permit by the municipality, then
43       the municipality shall accept, instead of a bond, a certificate of insurance

9
  1       that meets the requirements of subsection (b).
  2             (b) For purposes of this section, to be used instead of a bond required
  3       by a municipality, a certificate of insurance shall:
  4             (1) Be written by a company licensed to do business in this state;
  5             (2) provide commercial general liability insurance for the licensed
  6       master plumber for claims for property damage or bodily injury, regard-
  7       less of whether the claim arises from a negligence claim or on a contract
  8       claim; and
  9             (3) be in a coverage amount of not less than $300,000 for all claims
10       arising in any one-year period.
11             Sec.  16. (a) Except as provided in cases of examinations graded or
12       reviewed by a national testing service, the secretary of health and envi-
13       ronment shall notify each person who takes an examination under this act
14       of the results of the examination not later than the 30th day after the date
15       on which the examination is administered. If an examination is graded or
16       reviewed by a national testing service, the secretary of health and envi-
17       ronment shall notify examinees of the results of the examination not later
18       than the 14th day after the date on which the secretary of health and
19       environment receives the results from the national testing service. If the
20       notice of examination results graded or reviewed by a national testing
21       service will be delayed for longer than 90 days after the examination date,
22       the secretary of health and environment shall notify the examinee of the
23       reason for the delay before the 90th day after the examination date.
24             (b) If requested in writing by a person who fails an examination under
25       this act, the secretary of health and environment shall furnish such person
26       with an analysis of the person's performance on the examination.
27             Sec.  17. (a) A master plumber license or journeyman plumber li-
28       cense issued under this act is valid throughout the state and the holder
29       of a master plumber license or journeyman plumber license issued under
30       this act, and the persons working under the supervision of such license
31       holder, shall not be required to hold a municipal license to practice
32       plumbing work in any municipality within this state.
33             (b) A mechanical, heating, ventilation and air-conditioning master li-
34       cense or mechanical, heating, ventilation, refrigeration and air-condition-
35       ing journeyman license issued under this act is valid throughout the state
36       and the holder of a mechanical, heating, ventilation, refrigeration and air-
37       conditioning master license or mechanical, heating, ventilation, refriger-
38       ation and air-conditioning journeyman license issued under this act, and
39       the persons working under the supervision of such license holder, shall
40       not be required to hold a municipal license to practice mechanical, heat-
41       ing, ventilation, refrigeration and air-conditioning work in any munici-
42       pality within this state.

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  1        Sec.  18. This act shall take effect and be in force from and after its
  2       publication in the statute book.