CHAPTER 43-18.1
WATER CONDITIONING CONTRACTORS AND INSTALLERS
43-18.1-01. Definitions. In this chapter, unless the context or subject matter otherwise
requires:
1.
"Board" means the state board of plumbing.
2.
"Water conditioning contractor" means a person who plans and manages the<br>installation and repair of water conditioning equipment, and in conjunction therewith<br>sells or leases such equipment.
3.
"Water conditioning installation and repair" means the installation of appliances,<br>appurtenances, and fixtures designed to treat water so as to alter, modify, add or<br>remove mineral, chemical, or bacterial content, and the repair of such equipment, to<br>a water distribution system. "Water conditioning installation and repair" does not<br>mean the exchange of such appliances, appurtenances, and fixtures when the<br>plumbing system has previously been installed or adapted to or for such appliances,<br>appurtenances, and fixtures, and no substantial change in such plumbing system is<br>required.
4.
"Water conditioning installer" means any person who is engaged in the practical<br>installation and repair of water conditioning equipment.
43-18.1-02. Administration. All fees and money obtained by the board through the
administration of this chapter must be used for the regulation of the business of water<br>conditioning installation and repair, through the board, and all such fees and money are<br>appropriated to the board for such purpose. This appropriation is a continuing appropriation of all<br>such sums. The handling and administration of such fees and money must otherwise be in<br>accordance with section 54-44-12.
43-18.1-03. Duties of the 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 water conditioning contractors and<br>water conditioning installers.
43-18.1-04. Licenses - Examination - Fees - Apprentices.
1.
No person, firm, corporation, or limited liability company, except plumbers holding<br>valid licenses pursuant to chapter 43-18, shall engage in the business of water<br>conditioning contractor or water conditioning installer in any incorporated city of this<br>state having a system of waterworks or sewage unless registered and licensed to do<br>so by the board. Installation and repair of water conditioning equipment shall be<br>done by the person holding a water conditioning installer's license.
2.
The board shall hold not less than one public meeting per year for the purpose of<br>examination of persons who may desire to become registered and licensed in the<br>water conditioning business pursuant to this chapter.
Notice and time of such
examination shall otherwise be in accordance with section 43-18-12 and the<br>examination provided for herein may be held in conjunction with the examination<br>provided for in chapter 43-18.
3.
Examination for licenses and registration shall be upon application as prescribed by<br>the board and payment of the examination fee. Such fee shall be forty dollars and<br>twenty dollars for registration and licensure as a water conditioning contractor and
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water conditioning installer, respectively. If the holder of an installer's license is also<br>a contractor, the fee shall be forty dollars. The examination shall be as prescribed<br>by the board but shall be limited to the installation and repair of water conditioning<br>equipment as such relates to plumbing. The issuance of licenses and registrations<br>hereunder shall be as prescribed by the board which shall be guided in such actions<br>by the provisions of section 43-18-13.
4.
An apprentice may be employed by any licensee under this chapter.
When so
employed the apprentice shall perform the apprentice's employment under the direct<br>supervision of the licensee and when engaged in installation or repair pursuant to<br>this chapter the apprentice shall be under the direct supervision of a licensed<br>installer.
Upon employment and termination of employment the name of the
apprentice and the apprentice's employer shall be communicated to the board.
43-18.1-05. Temporary licenses - Issuance. The board, upon payment of the fees
provided in this chapter, shall issue special temporary permits to engage in water conditioning<br>installation and repair as provided in this chapter to those applicants who furnish sufficient proof<br>that they were engaged in such business on January 1, 1973. Such special temporary permits<br>are retroactive to January 1, 1973, and expire thirty days after the date the second examination<br>as provided under section 43-18.1-04 is given, but no later than July 1, 1974. The board may<br>prescribe rules and regulations under which regular temporary permits may be issued which<br>must be generally in accordance with section 43-18-15.
43-18.1-05.1. 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<br>the offense has a direct bearing upon a person's ability to serve the public as a water<br>conditioning contractor, or that, following conviction of any offense, the person is not sufficiently<br>rehabilitated under section 12.1-33-02.1.
43-18.1-06. Renewal of license and registration - Fee. Except for special temporary
licenses as provided in this chapter, a license issued under this chapter is valid for only one year<br>and expires on December thirty-first of the year in which it was issued. The license must be<br>renewed by the board upon application made within thirty days after the expiration thereof and on<br>the payment of the fees as provided in section 43-18.1-04.
43-18.1-07. Revocation of licenses. The board may revoke any license issued under
the provisions of this chapter if the licensee has:
1.
Committed an offense determined by the board to have a direct bearing upon a<br>holder's ability to serve the public as a water conditioning contractor, or the board<br>determines, following conviction of any offense, that a holder is not sufficiently<br>rehabilitated under section 12.1-33-02.1;
2.
Committed a fraud in obtaining the holder's certificate;
3.
Permitted the use of the holder's license in violation of this chapter; or
4.
Performed work or business in an incompetent manner.
43-18.1-08.
Revocation - Hearing - Reinstatement.
A license issued under the
provisions of this chapter may be revoked only upon a charge in writing filed with the board and<br>after a hearing thereon by the board. Such hearing must be conducted in accordance with the<br>procedures set forth in section 43-18-19. Reinstatement of a license revoked under this chapter<br>may be made in accordance with section 43-18-20.
43-18.1-09. Violations - Penalty. Any person that violates the state plumbing code
adopted under section 43-18-09, violates subsection 1 of section 43-18.1-04, or works under the<br>license of another person in a manner that is in violation of subsection 3 of section 43-18.1-04 is<br>guilty of a class B misdemeanor.
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Document Outline
chapter 43-18.1 water conditioning contractors and installers
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