Session of 2000
SENATE BILL No. 666
By Committee on Federal and State Affairs
3-20
10 AN ACT enacting
the plumbing, mechanical, heating, refrigeration, air-
11 conditioning and
ventilation certification law and protection act; reg-
12 ulating such practices
and prescribing certain guidelines and powers,
13 duties and functions
for the state board of technical professions; es-
14 tablishing the Kansas
state advisory board of plumbing and mechanical,
15 heating, ventilation,
refrigeration and air-conditioning.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 Section
1. This act shall be known and may be cited as the
plumbing,
19 mechanical, heating, refrigeration,
air-conditioning and ventilation certi-
20 fication law and protection act. The scope
of this act is strictly limited to
21 only those categories set forth in this act
and in no way shall be construed
22 to usurp home rule authority. Furthermore,
in no manner shall this act
23 be interpreted as to the establishment of a
state building code, state busi-
24 ness license, state contractor license, or
any other statewide action related
25 to the construction industry.
26 Sec. 2. (a)
The state board of technical professions shall be respon-
27 sible for the administration and
enforcement of the provisions of this act
28 and any rules and regulations adopted
pursuant thereto.
29 (b) The state
board of technical professions shall prescribe applica-
30 tion forms for original and renewal
certificates and shall prescribe the
31 design of the certificate for each category
prescribed by this act.
32 (c) The state
board of technical professions prescribes the method
33 and content of examinations administered
under this act. The examina-
34 tions under this act shall be offered at
locations within the state as de-
35 termined by the state board of technical
professions and shall be offered
36 periodically as determined necessary by the
state board of technical
37 professions.
38 (d) The state
board of technical professions shall adopt rules and reg-
39 ulations fixing reasonable fees for the
categories of certification: (1) Me-
40 chanical heating, ventilation,
refrigeration and air-conditioning master;
41 (2) mechanical heating, ventilation,
refrigeration and air-conditioning
42 journeyman; (3) master plumber; and (4)
journeyman plumber. Such fees
43 shall be in the amounts, which, together
with any other moneys available
2
1 therefor, will produce an amount,
which will provide for proper admin-
2 istration of this act.
3 (e) The
state board of technical professions shall develop and admin-
4 ister continuing education programs
for persons certified under this act.
5 (f) The
state board of technical professions shall maintain a record of
6 all regulatory activities and other
proceedings under this act.
7 Sec.
3. (a) There is hereby established the Kansas state
advisory
8 board of plumbing and mechanical,
heating, ventilation, refrigeration and
9 air-conditioning to advise the state
board of technical professions in
10 adopting rules and regulations and in other
matters regarding the en-
11 forcement and administration of this act
and to advise the state board of
12 technical professions in setting fees for
all categories of certification under
13 this act.
14 (b) The state
board of technical professions and the chief adminis-
15 trator of this act, as designated by the
state board of technical professions,
16 shall serve as ex officio, nonvoting
members of the advisory board. Any
17 vacancy in the position of any member of
the advisory board shall be filled
18 by the governor by appointment for the
remainder of the unexpired term
19 of a person who represents the same
interests with which the predecessor
20 was qualified for appointment.
21 (c) The Kansas
state advisory board of plumbing, mechanical, heat-
22 ing, ventilation, refrigeration and
air-conditioning shall consist of 13 per-
23 sons who are citizens of the United States
of America and residents of
24 Kansas, including the ex officio, nonvoting
member. Members of the ad-
25 visory board shall be appointed by the
governor and shall hold office for
26 terms of three years or until their
successors are appointed and qualified.
27 No person may be appointed to more than two
consecutive terms on the
28 board.
29 (d) Appointments
to the advisory board shall be made without regard
30 to the race, creed, sex, religion or
national origin of the appointees.
31 (e) Four members
of the advisory board shall have at least five years
32 of practical experience as certified
plumbing contractors, certified master
33 plumbers, or certified journeymen plumbers.
At least one such person
34 shall be appointed from within each of the
federal congressional districts
35 of Kansas.
36 (f) Four members
of the advisory board shall have at least five years
37 of practical experience as certified
mechanical, heating, ventilation, re-
38 frigeration and air-conditioning
contractors, certified mechanical, heat-
39 ing, ventilation and air-conditioning
masters; or certified mechanical,
40 heating ventilation and air-conditioning
journeymen. One such member
41 shall be appointed from within each of the
federal congressional districts
42 of Kansas.
43 (g) At least one
of the persons appointed as members of the advisory
3
1 board who meet all other requirements
shall be appointed from mechan-
2 ical or plumbing, or any combination
thereof, education entities.
3 (h) One
member of the advisory board shall be a mechanical engineer
4 licensed by the state board of
technical professions.
5 (i) One
member of the advisory board shall have at least five years of
6 practical experience as a plumbing
code enforcement inspector who holds
7 a masters or journeyman certificate
in the plumbing field.
8 (j) One
member of the advisory board shall have at least five years of
9 practical experience as a mechanical,
heating, ventilation, refrigeration
10 and air-conditioning code enforcement
inspector who holds a masters or
11 journeyman certificate in the mechanical,
heating, ventilation, refrigera-
12 tion and air-conditioning field.
13 (k) Each federal
congressional district shall have no more than three
14 persons serving on this advisory board.
15 (l) The advisory
board annually shall elect a chairperson and a sec-
16 retary from its members and may adopt such
procedural rules and reg-
17 ulations as it deems necessary for the
orderly conduct of its affairs. The
18 advisory board shall meet at least once
every six months and may meet
19 at other times at the call of the
chairperson. The advisory board shall
20 meet at a place designated by the advisory
board within the state of Kan-
21 sas. A majority of the advisory board shall
constitute a quorum for the
22 transaction of business.
23 (m) The advisory
board members shall serve without compensation.
24 Members of the advisory board shall receive
reimbursement for actual
25 and necessary expenses incurred in
performing functions as a member of
26 the advisory board as provided in K.S.A.
75-3223, and amendments
27 thereto.
28 Sec. 4. (a)
No person who is required to register as a lobbyist under
29 the state governmental ethics law may serve
as a member of the advisory
30 board.
31 (b) A member of
the advisory board may be removed from the board
32 if such member:
33 (1) Did not have,
at the time of appointment, the qualifications re-
34 quired by section 3 and amendments thereto
under which such person
35 was appointed to the advisory board;
36 (2) does not
maintain, during such member's term of office as a mem-
37 ber of the advisory board, the
qualifications required by section 3 and
38 amendments thereto under which such person
was appointed to the ad-
39 visory board;
40 (3) violates a
prohibition imposed by this act or any rule and regu-
41 lation adopted under this act or becomes
disqualified to serve as a mem-
42 ber of the advisory board under subsection
(a) or (b); or
43 (4) fails to
adhere to the attendance policy. Failure to attend two
4
1 consecutive regularly scheduled
meetings of the advisory board held in
2 any calendar year shall require the
board to notify the nonattending mem-
3 ber that any further absence shall be
grounds for immediate removal from
4 the board.
5 Sec.
5. (a) The Kansas state advisory board of plumbing and me-
6 chanical, heating, ventilation,
refrigeration and air-conditioning shall:
7 (1) Advise
the state board of technical professions in the administra-
8 tion of the provisions of this
act;
9 (2) advise
the state board of technical professions in the adoption,
10 amendment and enforcement of all rules and
regulations deemed nec-
11 essary to implement and administer this
act;
12 (3) advise the
state board of technical professions in the adoption of
13 rules and regulations prohibiting false,
misleading or deceptive advertis-
14 ing practices by persons not licensed under
this act;
15 (4) assist the
state board of technical professions in the preparation
16 and implementation of continuing education
programs for certified
17 persons;
18 (5) advise the
state board of technical professions as to the content
19 of standard examinations for the
determination of competency for certi-
20 fication; and
21 (6) advise the
state board of technical professions on the standards
22 to be used for such examinations and upon
the selections of third-party
23 testing agency or agencies to administer
such examination.
24 (b) The Kansas
state advisory board of plumbing and mechanical,
25 heating, ventilation, refrigeration and
air-conditioning is subject to the
26 provisions of K.S.A. 75-4317 through
75-4320a and amendments thereto,
27 pertaining to open public meetings.
28 Sec. 6. (a)
The state board of technical professions shall issue certif-
29 icates to such persons as have by the
examination shown themselves fit,
30 competent and qualified to engage in the
trade or calling of a master
31 plumber, a journeyman plumber or a
mechanical, heating, ventilation,
32 refrigeration and air-conditioning master
or mechanical, heating, venti-
33 lation, refrigeration and air-conditioning
journeyman. On or before July
34 1, 2001, without further examination or
requirements, licenses shall be
35 issued to persons who meet one or more of
the following criteria, in
36 accordance with the provision of this
subsection (a).
37 (1) The
appropriate master plumber certificate or mechanical, heat-
38 ing, ventilation, refrigeration and
air-conditioning master certificate shall
39 be issued to:
40 (A) All persons
currently possessing a Block & Associates plumbing
41 or mechanical, heating, ventilation,
refrigeration and air-conditioning
42 master certification issued in the state of
Kansas;
43 (B) all persons
who are certified or licensed by a city or county located
5
1 in Kansas as plumbing or mechanical,
heating, ventilation, refrigeration
2 and air-conditioning masters as of
July 1, 2000, and who were so certified
3 or licensed for a period of not less
than 12 months preceding July 1, 2000;
4 and
5 (C) in
areas or jurisdictions not currently requiring certification or
6 licensing of such persons as stated
in this subsection (a) or (b) one person
7 from each firm who can show proof of
ownership, partnership or status
8 as a corporate officer and active
involvement in a plumbing and mechan-
9 ical, heating, ventilation,
refrigeration and air-conditioning contracting
10 business for a period of not less than the
five consecutive years imme-
11 diately preceding July 1, 2000;
12 (2) the
appropriate journeyman plumber license or a mechanical,
13 heating, ventilation, refrigeration and
air-conditioning journeyman license
14 shall be issued to:
15 (A) All persons
currently possessing a Block & Associates plumbing
16 and mechanical, heating, ventilation,
refrigeration and air-conditioning
17 journeyman certification issued in the
state of Kansas;
18 (B) all persons
certified or licensed by a city or county located in
19 Kansas as plumbing or mechanical, heating,
ventilation, refrigeration and
20 air-conditioning journeyman as of July 1,
2000, and who were so certified
21 or licensed for a period of not less than
the 12 months preceding July 1,
22 2000; or
23 (C) in cities or
jurisdictions not currently requiring certification or
24 licensing of such persons as stated in this
subsection (a) or (b), all persons
25 who can show proof of employment as a
journeyman by one or more
26 plumbing or mechanical, heating,
ventilation, refrigeration and air-con-
27 ditioning contracting business for a period
of not less than the five con-
28 secutive years immediately preceding July
1, 2000.
29 (b) The state
board of technical professions shall determine the suf-
30 ficiency of the documentation or other
proof of experience submitted
31 under this section.
32 Sec.
7. Each written contract for services in this state by a
master
33 plumber, journeyman plumber, mechanical,
heating, ventilation, refrig-
34 eration and air-conditioning master or
mechanical, heating, ventilation,
35 refrigeration and air-conditioning
journeyman who is certified under this
36 act shall contain the certificate number,
name, mailing address and tel-
37 ephone number of the certified person.
38 Sec. 8. (a)
The state board of technical professions may issue a med-
39 ical gas piping installation endorsement to
a qualified person who is a
40 master plumber or journeyman plumber or
master or journeyman me-
41 chanical and who is certified as such under
this act. A medical gas piping
42 installation endorsement entitles the
holder of a master plumber or me-
43 chanical certificate or journeyman plumber
or mechanical certificate to
6
1 install pipe used solely to transport
gases used for medical purposes.
2 (b) To be
eligible for a medical gas piping installation endorsement
3 under this section, a master or
journeyman plumber or master or jour-
4 neyman mechanical who is certified as
such under this act must perform
5 satisfactorily on a separate
examination related to the endorsement which
6 has been approved by the state board
of technical professions for this
7 purpose.
8 (c) A
medical gas piping installation endorsement issued under this
9 section shall be valid for one year
and may be renewed if the endorsement
10 described in subsection (b) on or before
February 1, of any year in the
11 same manner as a certificate renewal under
section 11 and amendments
12 thereto.
13 Sec. 9. (a)
With respect to any person certified under this act, the
14 state board of technical professions shall
revoke or suspend a certificate,
15 or place a certified person on probation
for a specified period or repri-
16 mand a certified person for any violation
of this act or any rules and
17 regulations adopted under this act. In
addition to other provisions of this
18 act, it is a violation of this act to:
19 (1) Obtain a
certificate under this act through fraud;
20 (2) willfully,
negligently or arbitrarily violate one or more municipal
21 rules or ordinances regulating practices
for which certificates are issued
22 under this act;
23 (3) knowingly
make a substantial misrepresentation of services to be
24 provided or which have been provided under
a certificate issued under
25 this act; or
26 (4) make any
false promise with intent to influence, persuade or in-
27 duce an individual to contract for services
to be performed under any
28 certificate issued under this act.
29 (b) Any person
whose certificate has been revoked under this section
30 may apply for a new certificate under this
act after the expiration of one
31 year from the date of such revocation.
32 (c) A person who
violates any provision of this act or any rule and
33 regulation adopted under this act or who
violates the terms of any order
34 of the state board of technical professions
issued under authority of this
35 act shall be subject to a civil penalty
imposed by the state board of tech-
36 nical professions in an amount of not to
exceed $500 for each act of
37 violation and for each day of violation
after notification of violation by the
38 state board of technical trades. Each such
civil penalty shall be recovered
39 as provided by this act.
40 (d) If the state
board of technical professions proposes to refuse a
41 person's application for certification
under this act, to suspend or revoke
42 a person's certificate which was issued
under this act or to place a certified
43 person on probation, including imposing
practice restrictions for a spec-
7
1 ified period, such person is entitled
to a hearing. Grounds for suspension
2 or revocation of a certificate due to
suspected incompetence or willful
3 violation of this act by a certified
person may be determined through
4 mandatory retesting procedures which
shall be prescribed by the state
5 board of technical professions.
6 (e) All
administrative hearings and other proceedings under this act,
7 including those for the refusal,
suspension or revocation of a certificate,
8 are governed by the Kansas
administrative procedure act.
9 Sec.
10. Any person who has worked as a plumber's trainee or
me-
10 chanical trainee at the trade or calling of
a journeyman plumber or jour-
11 neyman mechanical for such a length of time
as the state board of tech-
12 nical professions may prescribe in rules
and regulations and who desires
13 to take an examination to become certified
as a journeyman plumber or
14 mechanical person, may apply to take the
examination provided by the
15 state board of technical professions.
16 Sec.
11. (a) Certificates issued by the state board of technical
pro-
17 fessions under this act shall be valid
throughout the state, but shall not
18 be assignable or transferable. Licenses
issued under this act shall be is-
19 sued for one year and may be renewed
annually on or before February
20 1, or another date as otherwise provided by
rules and regulations adopted
21 under section 12, and amendments thereto,
upon payment of the re-
22 quired fee.
23 (b) All
certificate holders regardless of which section of this act the
24 initial issuance of the certificate was
issued, who have complied with the
25 continuing education requirement of section
13, and amendments
26 thereto, may renew an unexpired certificate
by paying the required re-
27 newal fee to the state board of technical
professions before the expiration
28 date of the certificate.
29 (c) A person who
has complied with the continuing education re-
30 quirement of section 13, and amendments
thereto, and whose certificate
31 has been expired for 90 days or less may
renew the certificate by paying
32 to the state board of technical professions
the required renewal fee and
33 an additional fee that is equal to 50% of
the amount of the examination
34 fee for the issuance of the certificate by
the state board of technical
35 professions.
36 (d) If a person's
certificate has been expired for 91 days or longer,
37 the person may not renew the certificate.
Any such person may obtain a
38 new certificate under this act by
submitting to reexamination and com-
39 plying with the requirements and procedures
for obtaining an original
40 certificate under this act.
41 (e) At least 30
days before the expiration of a person's certificate, the
42 state board of technical professions shall
send written notice of the im-
43 pending certificate expiration to the
person at the certified person's last
8
1 known address according to the
records of the state board of technical
2 professions.
3 Sec.
12. The state board of technical professions may adopt rules
and
4 regulations that prescribe a system
under which certificates expire on
5 various dates during the year. For
the year in which the certificate expi-
6 ration date is changed in accordance
with such rules and regulations,
7 certificate fees otherwise payable on
or before February 1, shall be pro-
8 rated on a monthly basis so that each
certified person shall pay only that
9 portion of the certificate fee which
is allocable to the number of months
10 during which the certificate is valid. For
renewal of the certificate on the
11 new expiration date and thereafter, the
total certificate renewal fee shall
12 be paid.
13 Sec.
13. Each person holding a certificate under this act shall
com-
14 plete a minimum of eight hours of
continuing professional education each
15 certificate year. The state board of
technical professions shall adopt rules
16 and regulations prescribing the criteria
for approval of continuing pro-
17 fessional education programs and providers
under this section. To receive
18 credit in a professional education program,
the program must be provided
19 by an association, business or organization
approved by the state board
20 of technical professions in accordance with
such rules and regulations.
21 Individuals and approved providers of
continuing education programs
22 shall meet all requirements established by
the state board of technical
23 trades in accordance with such rules and
regulations for maintaining doc-
24 umentation of credits earned toward the
criteria adopted.
25 Sec.
14. (a) It shall be a class A misdemeanor for any person to
en-
26 gage in or work at the business of
installing plumbing or mechanical,
27 heating, ventilation, refrigeration or
air-conditioning work unless such
28 work is performed by or under the
supervision and control of the appro-
29 priate certified person for such trades as
defined under this act except as
30 otherwise specifically provided under this
act.
31 (b) No person
shall install pipe used solely to transport gases for med-
32 ical purposes unless the person is licensed
as a master plumber or master
33 mechanical or journeyman plumber or
journeyman mechanical under this
34 act and holds an endorsement issued by the
state board of technical pro-
35 fessions under section 8, and amendments
thereto.
36 (c) The penalties
prescribed by this section shall be in addition to any
37 penalties authorized by law by local
jurisdictions. The board shall pre-
38 scribe enforcement procedures by rule and
regulation.
39 Sec.
15. The provisions of this act shall not apply work
commonly
40 referred to as nonpermit work as defined
and enforced by individual
41 municipalities or appropriate governmental
jurisdictions. This shall in-
42 clude, but not necessarily, limit the scope
of exemption to following work:
43 (a) Maintenance
and service of plumbing or mechanical, heating,
9
1 ventilation, refrigeration or
air-conditioning systems to a residence if such
2 work is done by the owner and
occupant of the residence;
3 (b) work
that is performed by the owner or employee of the owner
4 of a multi-family dwelling complex,
institutional or governmental facility,
5 if the work involves maintenance or
service work to plumbing, mechan-
6 ical, heating, ventilation,
refrigeration or air-conditioning system or air-
7 conditioning equipment which is part
of such facility.
8 Sec.
16. (a) Except as provided in cases of examinations graded
or
9 reviewed by a national testing
service, the state board of technical pro-
10 fessions shall notify each person who takes
an examination under this act
11 of the results of the examination not later
than the 30th day after the date
12 on which the examination is administered.
If an examination is graded or
13 reviewed by a national testing service, the
state board of technical pro-
14 fessions shall notify examinees of the
results of the examination not later
15 than the 14th day after the date on which
the state board of technical
16 professions receives the results from the
national testing service. If the
17 notice of examination results graded or
reviewed by a national testing
18 service will be delayed for longer than 90
days after the examination date,
19 the state board of technical professions
shall notify the examinee of the
20 reason for the delay before the 90th day
after the examination date.
21 (b) If requested
in writing by a person who fails an examination under
22 this act, the state board of technical
professions shall furnish such person
23 with an analysis of the person's
performance on the examination.
24 Sec.
17. (a) A master plumber certificate or journeyman plumber
25 certificate issued under this act is valid
throughout the state and the
26 holder of a master plumber certificate or
journeyman plumber certificate
27 issued under this act shall not be required
to hold an additional municipal
28 certificate to practice plumbing work in
any municipality within this state.
29 (b) A mechanical,
heating, ventilation and air-conditioning master
30 certificate or mechanical, heating,
ventilation, refrigeration and air-con-
31 ditioning journeyman certificate issued
under this act is valid throughout
32 the state and the holder of a mechanical,
heating, ventilation, refrigeration
33 and air-conditioning master certificate or
mechanical, heating, ventilation,
34 refrigeration and air-conditioning
journeyman certificate issued under
35 this act shall not be required to hold an
additional municipal certificate
36 to practice mechanical, heating,
ventilation, refrigeration and air-condi-
37 tioning work in any municipality within
this state.
38 Sec. 18. This act shall
take effect and be in force from and after its
39 publication in the statute book.