CHAPTER 43-18
PLUMBERS
43-18-01. Definitions. In this chapter, unless the context or subject matter otherwise
requires:
1.
"Board" means the state board of plumbing.
2.
"Journeyman plumber" means any person, other than a master plumber, who, as<br>the person's principal occupation, is engaged in the practical installation, alteration,<br>and repair of plumbing.
3.
"Master plumber" means a person skilled in the planning, supervision, and the<br>practical installation, alteration, and repair of plumbing, and familiar with the laws,<br>rules, and regulations governing the same.
4.
"Plumber's apprentice" means any person other than a journeyman or a master<br>plumber, who, as the person's principal occupation, is engaged in learning and<br>assisting in the installation, alteration, and repair of plumbing and drainage, under<br>the immediate and personal supervision of either a master or a journeyman<br>plumber.
5.
"Plumbing" means the installation, maintenance, extension, alteration, and removal<br>of all piping, plumbing fixtures, plumbing appliances, and other appurtenances in<br>connection with bringing water into, and using the same in buildings, and for<br>removing liquids and water-carried wastes therefrom.
43-18-02. State board of plumbing - Members - Appointment - Qualifications. The
state board of plumbing shall consist of the chief sanitary engineer, or the head of any division of<br>the state department of health who may be named by the chief sanitary engineer to act in the<br>chief sanitary engineer's stead, and four persons appointed by the governor. All of the appointed<br>members must have been residents of this state for at least five years immediately preceding<br>their appointment, and one of them must be a master plumber with at least five years of<br>experience in North Dakota, one must be a journeyman plumber with at least five years of<br>experience in North Dakota, one must be a registered professional engineer practicing<br>mechanical engineering in North Dakota, and one must be a representative of the consuming<br>public.
43-18-03. State board of plumbing - Members - Terms of office - Vacancies - How
filled. Each appointed member of the board shall qualify by taking the oath of office required of<br>civil officers and shall hold office for a term of four years and until a successor is appointed and<br>qualified. The terms of office of the appointed members must be so arranged that one term only<br>expires on the thirtieth day of June of each year. The four members appointed by the governor<br>to the first board must be appointed within thirty days after July 1, 1975, to serve for the following<br>terms:
one master plumber for one year, one journeyman plumber for two years, one
mechanical engineer for three years, and a representative of the consuming public for four years.<br>A vacancy on the board caused by the death, resignation, or expiration of the term of any<br>appointed member must be filled for the unexpired term by appointment by the governor from the<br>class of members to which the deceased or retiring member belonged.
43-18-04. Office and officers of board. The members of the board shall elect from
their number a president, a vice president, and a treasurer, and they shall select a secretary, but<br>the office of secretary and treasurer may be held by the same person.
The secretary or
secretary-treasurer need not be a member of the board but must be a licensed plumber. The<br>board shall have its headquarters at the state capital.
43-18-05.
Members of board and employees - Compensation.
Each appointed
member of the board is entitled to receive compensation in an amount determined by the board,
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not to exceed one hundred dollars per day, for actual services rendered in the performance of the<br>member's duties under this chapter, and each member and employee of the board is entitled to<br>receive traveling expenses incurred in the performance of official duties. Allowances for traveling<br>expenses must be as provided by law for state officials and employees. The compensation and<br>expense must be paid out of the state plumbing board fund. The compensation provided for in<br>this section may not be paid to any member of the board who receives salary or other<br>compensation as a regular employee of the state or any of its political subdivisions or any<br>institution or industry operated by the state.
43-18-06. Board may hire and fix compensation of employees - Incur necessary
expenses. The board may employ inspectors, who must be registered plumbers, and such<br>stenographers and assistants, as may be necessary, and shall fix the compensation of such<br>employees, and may incur such other expenses as may be required. All such salaries and<br>expenses must be paid only out of such moneys as may be in the state plumbing board fund.
43-18-07. Fees - Where deposited - Use. Repealed by S.L. 1971, ch. 510, § 15.
43-18-08. Duties of board. The board shall:
1.
Enforce the provisions of this chapter.
2.
Prescribe rules and regulations not inconsistent with the provisions of this chapter for<br>the examination, regulation, and licensing of plumbers, either as master plumbers,<br>journeyman plumbers, plumber's apprentices, or any of such classifications.
43-18-09. Board to adopt plumbing code - Provisions have force of law. The board
shall formulate, prepare, and circulate among all plumbers within this state a state plumbing<br>code, which must contain the minimum basic standards for plumbing, drainage, and ventilation of<br>plumbing in buildings of all classes. Such code must be approved by the state department of<br>health. The provisions of said code have the force and effect of law and any violation thereof<br>constitutes a violation of this chapter.
43-18-10.
Firm engaged in installing plumbing to employ master plumber -
Exceptions.
No person, firm, corporation, or limited liability company shall engage in the
business of installing plumbing and shall not install plumbing in connection with the dealing in<br>and selling of plumbing materials and supplies in any location of this state having a public system<br>of waterworks or sewerage, unless at all times a registered and licensed master plumber, who is<br>responsible for the proper installation thereof, is in charge of such work. In cities of less than one<br>thousand population and in all rural areas, a licensed journeyman plumber may engage in the<br>business of installing plumbing.
43-18-11. License required - Exception for homeowner and full-time employee. No
person, firm, corporation, or limited liability company shall engage in the business of a master<br>plumber, journeyman plumber, or plumber's apprentice in any location of this state having a<br>public system of waterworks or sewerage unless registered and licensed to do so by the board.<br>Anyone not so licensed may do plumbing work which complies with the provisions of the<br>minimum standards prescribed by the board on premises or that part of premises owned and<br>actually occupied by the person as a residence, or may do plumbing repair on premises where<br>the person is employed in full-time maintenance work, unless otherwise forbidden to do so by a<br>local ordinance. Public water system employees may install and maintain service lines and<br>water meters on premises served by the water system.
43-18-11.1. When license not required. Employees of dealers in household appliances
need not be licensed pursuant to this chapter when installing household appliances, if any<br>necessary plumbing work is incidental to the installation of the appliance and the work could be<br>performed by a plumber's apprentice.
43-18-11.2. Conviction not bar to licensure - Exceptions. Conviction of an offense
does not disqualify a person from licensure under this chapter unless the board determines that
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the offense has a direct bearing upon a person's ability to serve the public as a plumber, or that,<br>following conviction of any offense, the person is not sufficiently rehabilitated under section<br>12.1-33-02.1.
43-18-11.3. Advertising prohibited - Exceptions - Penalty.
1.
Except as provided in this section, if a plumbing license is required under section<br>43-18-11 or by local ordinance, no person offering plumbing contracting services<br>may advertise as a plumbing contractor, master plumber, or journeyman plumber<br>unless the person employs a licensed journeyman plumber, or the person is a<br>licensed master plumber. Any advertisement must contain the appropriate license<br>number. This section does not apply to advertising purchased or contracted for prior<br>to July 1, 1989.
2.
a.
A person violating this section is guilty of a class B misdemeanor for a first<br>conviction, but no fine in excess of one hundred dollars and no term of<br>imprisonment may be imposed.
b.
A person violating this section is guilty of a class A misdemeanor for a second<br>or subsequent conviction, but the penalties are as follows:
(1)
For a second conviction, no fine in excess of one thousand dollars and<br>no term of imprisonment may be imposed.
(2)
For a third or subsequent conviction, a fine not to exceed one thousand<br>dollars or imprisonment not to exceed thirty days, or both, may be<br>imposed.
43-18-11.4. Plumbing inspectors - License required - Exception. A person employed
by the state board of plumbing or a political subdivision to inspect plumbing installations must be<br>licensed as a journeyman or master plumber.
This section does not apply to an inspector
employed by the board of plumbing or a political subdivision as of July 2, 1989.
43-18-12. Examination - When held - Notice. Examinations must be held at the time
and place prescribed by the board. Notice of such examinations must be given by mail to all<br>persons who have made application to take the examination. The board may call a special<br>examination at any time.
43-18-13. License - How obtained - Fee. Any person qualified under the rules of the
board who desires to take the examination to become a registered and licensed plumber shall<br>make application to the board therefor and pay to the treasurer of the board the examination fee.<br>Such fee may not exceed two hundred dollars for a master plumber's certificate and license and<br>one hundred dollars for a journeyman plumber's certificate and license. The board, when the<br>condition of its fund permits and when in its judgment it is deemed advisable, may reduce the<br>amount of the examination fees, but it may not increase the same above the amount specified in<br>this section. Any such change must be adopted by the board to take effect on the first day of<br>January following its action and must apply to all examination fees in the classes specified in the<br>ruling. The applicant shall appear at the next regular meeting of the board for examination of<br>applicants. If upon examination the applicant is found by the board to be qualified as a master<br>plumber or journeyman plumber, or both, it shall issue to the applicant a certificate of registration<br>and license which entitles the applicant to do the work and be a plumber as specified in the<br>license. A master plumber's and journeyman plumber's license may be issued to one and the<br>same person, and the holder of a master plumber's license may be granted a journeyman<br>plumber's license without the payment of the journeyman's fee. All certificates and licenses must<br>be numbered consecutively and may not be transferable, and no person may work under the<br>license issued to another person. Should a person fail upon examination to qualify as a master<br>or journeyman plumber, such person has the right to review the examination to determine the<br>reasons for failure and has the right to appeal to the board.
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43-18-13.1.
Reciprocity with other states.
The board may register, without
examination, upon payment of the required fee, nonresident applicants registered under the laws<br>of other states having requirements for regulating plumbers which the board determines are<br>substantially equivalent to the requirements of this state in those instances when such other state<br>grants similar privileges to North Dakota residents licensed under this chapter.
43-18-14. Board to keep register of licenses issued. The board shall keep a register
in which must be entered the names and addresses of all persons to whom certificates of<br>registration and license are issued under the provisions of this chapter as master plumbers, and<br>also a register in which must be entered the names and addresses of all persons to whom<br>certificates of registration and license are issued under the provisions of this chapter as<br>journeyman plumbers. Such register must be open to the public for inspection.
43-18-15. Temporary license - When issued. The board, upon the payment of the
regular examination fee, may issue a temporary permit to engage in the business of master<br>plumber or journeyman plumber, or both, to any person who furnishes satisfactory evidence of<br>the person's qualifications. Such permits are revocable permits and are effective to December<br>thirty-first of the year in which they are issued. No person may be issued such temporary permits<br>for longer than four years.
43-18-16.
Plumber licensed by board may practice at any place in state -
Exception. A plumber registered and licensed by the board to engage in the business of master<br>plumber, journeyman plumber, or plumber's apprentice may engage in or work at the business of<br>plumbing at any place in this state, except in cities that have adopted ordinances requiring a<br>municipal license or registration in addition to the state license before permitting any plumber to<br>work in such municipality.
43-18-17.
Renewal of license - Fee.
A certificate and license issued under the
provisions of this chapter is valid for only one year and expires on the thirty-first day of December<br>of the year in which it was issued.
The certificate must be renewed by the board upon
application made within thirty days after the expiration thereof and on the payment of a sum not<br>to exceed two hundred dollars for a master plumber's certificate and license, and the sum of one<br>hundred dollars for a journeyman plumber's certificate and license.
The board, when the
condition of its fund permits and when in its judgment it is deemed advisable, may reduce the<br>amount of the renewal fees, but it may not increase the same above the amount specified in this<br>section. Any such change must be adopted by the board to take effect on the first day of January<br>following its action and applies to all renewals in the classes specified in the ruling.
43-18-17.1. Continuing education. After January 1, 1991, each applicant for renewal of
a master or journeyman plumber's license under section 43-18-17 must have successfully<br>completed prior thereto at least two credit hours, and thereafter a minimum of two credit hours<br>and not to exceed four credit hours within a two-year period, of continuing education relating to<br>the plumbing trade.
Credit hours for educational sessions must be determined by the board on a continuing
basis to evaluate new sessions as they become available for fulfilling the educational<br>requirements of this section. The board may charge a fee sufficient to offset expenses incurred<br>for any educational sessions for which it is directly responsible.
43-18-17.2. Report of work - Exception. A person shall report doing plumbing work
subject to inspection under section 43-18-17.3 to the board upon forms furnished by the board.<br>This section does not apply to plumbing installations in buildings that are not connected to a<br>public system of waterworks or sewerage or in political subdivisions where inspection is required<br>by local ordinance.
43-18-17.3. Inspection of installation - Exception. The board has jurisdiction over and
shall make provision for inspection of plumbing installations or alterations to public buildings and<br>installations in newly constructed dwelling units, except as provided in this section.
Political
subdivisions may provide for inspection of plumbing work done within their jurisdictional limits.
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The board may charge the person responsible for the installation a reasonable fee not to exceed<br>the cost of inspection.
No inspection is required for any repair work or plumbing fixture
replacement which requires only minor alteration, or to buildings that are not connected to a<br>public system of waterworks or sewerage, and does not apply to maintenance work conducted by<br>regularly employed maintenance personnel on the business premises of their employer.
43-18-18. Grounds for revocation of license. The board may revoke any certificate
issued under the provisions of this chapter if the holder is guilty of:
1.
Commission of an offense determined by the board to have a direct bearing upon<br>the holder's ability to serve the public as a plumber, or the board determines,<br>following conviction of any offense, that the holder is not sufficiently rehabilitated<br>under section 12.1-33-02.1;
2.
Error or fraud in obtaining the holder's certificate;
3.
Permitting the use of the holder's certificate and license in violation of this chapter;
4.
Incompetency;
5.
Failure to furnish certification of completion of continuing education as required<br>under section 43-18-17.1; or
6.
Failure to report work as required under section 43-18-17.2.
43-18-19. Revocation - Hearing. A certificate of registration and license issued under
the provisions of this chapter may be revoked only after a hearing of the charges by the board.<br>The holder of the certificate must be notified in writing by the board of the charges against the<br>holder and of the time and place fixed for the hearing. Such notice must be served by registered<br>or certified mail, addressed to the post-office address of the certificate holder as shown in the<br>holder's certificate of registration and license. The time set for the hearing must be not less than<br>ten days after the service of the notice. The hearing must be public and full opportunity must be<br>given the accused to produce witnesses and evidence in the accused's own behalf and to<br>examine the witnesses against the accused.
After hearing all the evidence, the board shall
render its decision in writing and the accused must be furnished, by mail, a copy thereof. If the<br>accused is found guilty of any offense for which revocation of the license is provided, the<br>certificate of registration and license is revoked automatically.
43-18-20. Revocation of license - When reinstated. A person whose certificate of
registration and license issued under the provisions of this chapter has been revoked by the<br>board may not be permitted to apply for a license for a period of one year from the date of the<br>revocation.
After the expiration of such time, the board may consider an application for
reinstatement of such person and upon a showing that the disability has been removed or that<br>there is no further likelihood that the offense will be repeated, the board may reinstate the<br>license.
43-18-21.
Apprenticeship.
Every apprentice plumber shall, within thirty days after
beginning apprenticeship, register with the state plumbing board on a registration application<br>form which will be supplied by the board, showing date of beginning apprenticeship, age,<br>schooling, previous experience, employer, and such other information as the board may require,<br>except that a person who is working in a school-work program need not register. A registration<br>certificate issued under the provisions of this section shall be valid for only one year and shall<br>expire on the thirty-first day of December of the year in which it was issued. The certificate shall<br>be renewed by the board upon application made within thirty days after the expiration thereof and<br>on payment of the sum set by the board, but not to exceed twenty dollars for the first year, thirty<br>dollars for the second year, forty dollars for the third year, and fifty dollars for the fourth year of<br>apprenticeship. The fee after a four-year term of apprenticeship is the same as the fee for a<br>journeyman plumber. This certificate of registration shall be the license required to be employed<br>as a plumber's apprentice in this state.
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43-18-22. Local authorities report violations to board. Such local authority as may be
designated by an ordinance of the municipality to issue plumbing permits and licenses, and to<br>approve plumbing plans, shall report to the board willful violations of the state plumbing code and<br>of any municipal ordinances regulating the same, and any incompetence on the part of any<br>registered and licensed plumber that comes to the attention of the local authority.
43-18-23. Working as plumber without license. It is unlawful for any person to work,
for compensation, as a master plumber, journeyman plumber, or plumber's apprentice without<br>being registered and licensed as a plumber in such classification.
43-18-24. Violation of chapter - Penalty. Any person that violates the state plumbing
code adopted under section 43-18-09; violates section 43-18-10, 43-18-11, 43-18-11.4,<br>43-18-17.2, or 43-18-23; or works under the license of another person in a manner that is in<br>violation of section 43-18-13 is guilty of a class B misdemeanor.
43-18-25. Injunction. In addition to the criminal penalty provided in section 43-18-24,
the civil remedy of injunction is available to plumbing inspectors to restrain and enjoin violations<br>of any provisions of this chapter.
Any person claiming to be injured in person or property
because of violations of this chapter may bring a civil action for damages.
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Document Outline
chapter 43-18 plumbers
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