§ 34-37-1. 1

“For purposes of this chapter, the following terms 2

shall have meanings respectively ascribed to them herein 3

unless the context clearly requires a different meaning: 4

“(1)APPRENTICE GAS FITTER or PLUMBER. A person 5

other than a master or journeyman gas fitter or plumber, who 6

is engaged in learning and assisting in the installation of 7

gas pipe, equipment, apparatus, and appliances, and shall work 8

directly under the supervision of a journeyman or master gas 9

fitter or plumber, and who has successfully fulfilled the 10

registration requirements of the board and has been duly 11

registered by the board as such for the current year. The 12

apprentice shall have in his or her possession a current annual 13

certificate. The certification shall be available for inspection 14

on request. 15

“ (2) BACKFLOW PREVENTION DEVICE. A device installed 16

within a domestic water supply or a building distribution system on 17

private property to protect the potable water supply 18

from contamination or cross connection. 19

“ (2)(3) BOARD. The State of Alabama Plumbers and 20

Gas Fitters Examining Board as renamed by this chapter. The 21

board shall examine, certify, and regulate plumbers, gas 22

fitters, and medical gas piping fitters on a statewide basis 23

pursuant to this chapter. 24

“(3) (4) CERTIFICATION. The process of testing at 25

the state level to determine the knowledge and skill of an 26

individual with respect to plumbing and gas fitting, and the 27

1

issuing of certificates to indicate that an individual has 1

passed the examination. 2

“(5) REGISTRATION. The process of application with 3

the board with regards to apprentice plumbers, apprentice gas 4

fitters, all corporations, professional corporations, 5

limited liability companies and all other legal entities 6

engaging in the business of plumbing and/or gas fitting 7

within the State of Alabama. 8

“(4)(6) GAS FITTING, GAS SYSTEMS, or GAS WORK. The 9

installation, repair of pipes, fixtures, fittings, appliances, 10

or apparatus necessary for supplying natural gas for 11

residential or commercial use from the point of delivery and 12

all gas piping before connection to the combustion zone and 13

including the applicable venting of flue gases to the outside 14

atmosphere and the provisions for air for combustion and 15

ventilation, including all gas fitting work further defined by any 16

Board rules and all codes currently adopted by the Board. 17

This chapter shall not be construed to prevent 18

any contractor certified by the Alabama Board of Heating, and 19

Air Conditioning, and Refrigeration Contractors from 20

installing, replacing, or performing service or repair on 21

natural gas fired air heating/cooling appliances, excluding 22

piping to them provided the installing contractor has a valid 23

certificate issued by the Alabama Board of Heating, and 24

air Conditioning, and Refrigeration Contractors. 25

“(5) (7) JOURNEYMAN GAS FITTER. An person individual 26

who engages in or works at the actual installation, repair, 27

2

or replacement of gas works, who has successfully fulfilled 1

the examination requirements of the board, has been issued 2

a journeyman gas fitter certificate by the board, and possesses 3

a valid and current annual certificate issued by the board. 4

The journeyman gas fitter shall have in his or her possession 5

a current annual certificate. The certification shall be available 6

for inspection on request. 7

“(6) (8) JOURNEYMAN PLUMBER An person individual 8

who engages in or works at the actual installation, repair, 9

or replacement of plumbing systems, who has successfully fulfilled the 10

examination requirements of the board, has been issued a 11

journeyman plumber certificate by the board, and possesses a 12

valid and current annual certificate issued by the board. 13

The journeyman plumber shall have in his or her possession a 14

current annual certificate. The certificate shall be available 15

for inspection on request. 16

“(7) (9) MASTER GAS FITTER. Any person engaged in or 17

proposing to engage in the business of contracting to do, or 18

of superintending the installation, maintenance, or repair of 19

gas systems or gas work, either or both. The individual shall 20

qualify to be a certified master gas fitter. If the business 21

be a firm or corporation, at least one active employee of the 22

firm or corporation shall be a duly registered and certified 23

master gas fitter, actively and continuously connected with 24

the conduct of the business. The master gas fitter shall have 25

in his or her possession a current annual certificate issued 26

by the board. The certificate shall be available for 27

3

inspection on request. An individual who engages in or works at the 1

actual installation, repair, or replacement of gas systems, 2

who has successfully fulfilled the examination requirements of 3

the board, who has been issued a master gas fitter certificate by 4

the board, and possesses a valid and current annual 5

certificate issued by the board. The master gas fitter shall 6

have in his or her possession a current annual certificate. 7

The certificate shall be available for inspection on request. 8

This person may at any time register with the board as 9

principal for any business, firm or corporation. 10

“(8) (10) MASTER PLUMBER. Any person engaged in or 11

proposing to engage in the business of contracting to do, or 12

of superintending the installation, maintenance, or repair of 13

plumbing, or both. The individual shall qualify to be a 14

certified master plumber. If the business is a firm or 15

corporation, at least on active employee of the firm or 16

corporation shall be a duly registered and certified master 17

plumber, actively, continuously connected with the conduct of 18

the business. The master plumber shall have in his or her 19

possession a current annual certificate issued by the board. 20

the certificate shall be available for inspection on request. 21

An individual who engages in or works at the actual installation, 22

repair, or replacement of plumbing systems, who has 23

successfully fulfilled the examination requirements of the 24

board, has been issued a master plumber certificate by the 25

board, and possesses a valid and current annual certificate 26

issued by the board. The master plumber shall have in his or 27

4

her possession a current annual certificate. The certificate 1

shall be available for inspection on request. This person may 2

at any time register with the board as principal for any 3

business, firm, or corporation. 4

“(9) (11) MEDICAL GAS PIPING FITTER. A master 5

plumber or master gas fitter who holds a current certificate whose 6

certificate bears an endorsement for installation of medical gas 7

piping. A journeyman plumber, or journeyman gas fitter, apprentice 8

plumber, or apprentice gas fitter who holds a current certificate 9

whose certificate bears an endorsement for installation of medical gas 10

piping shall be entitled to install medical gas piping under the 11

direction of a master plumber or master gas fitter whose 12

certificate entitles him or her to install medical gas piping. An 13

apprentice plumber or apprentice gas fitter who holds a current 14

certificate for medical gas piping shall at all times be under the 15

direct supervision of either a master or journeyman who also holds a 16

current certificate. The medical gas piping fitter shall have in his 17

or her possession a current annual certificate with endorsement 18

issued by the board. The certificate shall be available for 19

inspection on request. 20

“(10) (12)MEDICAL GAS PIPING. Piping used solely to 21

transport gases used for medical purposes. 22

“(11)(13)PLUMBING, PLUMBING SYSTEMS, or PLUMBING 23

WORK. All work associated with the installation, repair, or 24

replacement of pipes, fixtures, or other apparatus necessary either 25

for supplying domestic water or for removing liquid or waterborne 26

waste, located on private property. The term is also used to denote 27

installed fixtures, backflow prevention devices, drainage, vents, and 28

water distribution systems located on private property, and all 29

5

plumbing work further defined by Board rules and all codes currently 1

adopted by the Board, with the exception of work allowed by this 2

chapter. 3

“(14) PERSON(S). For purposes of this chapter, the term 4

“person(s)shall mean any individual, apprentice 5

plumbers, apprentice gas fitters and all corporations, 6

professional corporations, limited liability companies and 7

all other legal entities or any combination thereof. 8

(15) PRINCIPAL. The individual responsible for 9

the contracting, superintending, installation, maintenance, or 10

repair of plumbing and/or gas fitting systems for any legal 11

entity, who is actively and continuously connected with 12

the conduct of the business, and is responsible to the board 13

for the same. The individual shall qualify to be a 14

certified master gas fitter or certified master plumber, 15

either or both. 16

(a) At least one active employee of the 17

legal entity shall be a duly registered and certified master 18

gas fitter and/or plumber as defined in this section, actively 19

and continuously connected with the conduct of the business 20

and registered with the board as the principal of the business. 21

(b) The principal master gas fitter or master plumber 22

shall have in his or her possession a current annual certificate 23

issued by the board. The certificate shall be available 24

for the inspection on request. 25

Ҥ34-37-2. 26

“The Plumbers Examining Board as created by Act No. 27

529 of the 1949 Regular Session of the Legislature (Acts 1949, 28

p.827), as amended, is renamed the State of Alabama Plumbers 29

6

and Gas Fitters Examining Board and the authority of the board 1

is expanded to allow the board to examine, certify, and 2

regulate plumbers, gas fitters, and medical piping fitters 3

on a statewide basis. The board may make and enforce rules 4

adopted in accordance with Chapter 22 of Title 41, the Alabama 5

Administrative Procedure Act. 6

7

“The Board is authorized to expend funds for 8

purposes of public awareness of the board and its rules and 9

regulations to include advertising, promotional materials 10

event exhibiting, and other means approved by the board. 11

Ҥ34-37-3 12

“The board members established by this chapter, shall 13

continue to service on the board as renamed by this chapter 14

until the expiration of their current terms. Appointments shall be 15

subject to confirmation by the Senate. Commencing on the effective 16

date of the act amending this section, members shall serve until 17

the expirations of their respective terms of office and shall vacate 18

office on that date. The Governor shall designate the length 19

of term for each of his appointees not to exceed four years. The 20

board shall always be composed of the following members: One member 21

appointed by the Governor shall be a master plumber as defined by this 22

chapter; one member appointed by the Governor shall be a journeyman 23

plumber as defined by this chapter; one member appointed by 24

the Governor shall be a registered professional engineer licensed 25

as such by the State Board of Registrations of Professional 26

Engineers and Land Surveyors as provided in Article 2 of Chapter 27

11 of this title, or any subsequent act relating to the 28

licensing of professional engineers; one member appointed by the 29

7

Governor shall be a municipal or county building official; one 1

member appointed by the Governor shall be a master gas fitter as 2

defined in this chapter; one member appointed by the Governor shall 3

be appointed from the public at large. The member representing 4

the public at large shall not be engaged or otherwise connected 5

to the plumbing or gas industry or the installation of plumbing 6

or gas work nor connected with any person, firm, or corporation 7

handling or dealing material, fixtures, or appliances connected 8

with plumbing or gas work. The membership of the board shall be 9

inclusive and reflect the racial, gender, geographic, 10

urban/rural, and economic diversity or the state. 11

Ҥ34-37-4 Board Meetings; Compensation, employees 12

“ (a) The board shall meet when necessary for the proper 13

performance of its duties, but in no case less than once a year. 14

Meetings shall be held at places in the state as the board deems 15

necessary. At its first meeting next following May 2, 1989, and 16

every two years thereafter, the board shall organize itself by 17

electing from its membership a chair, vice-chair, and a recording 18

secretary. The board shall appoint, employ, or contract with an 19

executive director for the board, and may appoint, employ, or 20

contract with a deputy director, neither of whom shall be subject 21

to the State Merit System. The executive director shall serve 22

as treasurer of the board, but the deputy director may serve as 23

treasurer of the board in the absence of the executive director 24

or when otherwise directed by the board. In addition to any other 25

Duties, the deputy director may serve as a hearing officer for the 26

Board in any license proceeding pursuant to Section 34-3-12. 27

The executive director and the deputy director shall not be a 28

member of the board and shall not be engaged or otherwise 29

8

connected with the plumbing or gas fitting industry. 1

The board shall set the compensation of the executive director 2

and the deputy director in accordance with regulations of the 3

State Personnel Board. Four members of the board shall constitute 4

a quorum for transacting business. Each member of the board shall 5

receive as compensation for services the sum of two 6

hundred dollars ($200) per day for each day spent in active service 7

for the board. In addition to per diem compensation, each board 8

member shall be reimbursed for any necessary expense incurred in 9

performing duties as a board member. The expenses allowable to each 10

board member shall not exceed the per diem amount of state travel 11

expenses allowed by law, from time to time, for state employees 12

traveling on state business. Employees of the board shall also be 13

entitled to reimbursement for traveling expenses incurred 14

when traveling on official board business at the rate for state 15

employees traveling on state business. The board may employ or 16

contract for stenographic or clerical help and compliance officers 17

when needed, and may purchase necessary office supplies, equipment, 18

and services. 19

Ҥ34-37-5. 20

“ (a) There is established a separate special revenue 21

trust fund in the State Treasury to be known as the State of 22

Alabama Plumbers and Gas Fitters Examining Board Fund. All 23

receipts collected by the board under this chapter shall be 24

deposted in this fund and used only to carry out this 25

chapter. The fund shall be disbursed only by warrant out of the 26

State Comptroller upon the State Treasure upon itemized 27

vouchers approved by the executive director of the board, or 28

in the absence of the executive director, by the deputy 29

9

director. No funds shall be withdrawn or expended except as budgeted 1

and allotted according to Sections 41-4-80 to 41-4-96, inclusive, as 2

amended, and only in amounts as stipulated in the general 3

appropriation bill or other appropriation bills. 4

Any Funds unspent and unencumbered at the end of the fiscal year 5

that exceed 25 percent of the board’s budget for the previous 6

fiscal year shall be transferred to the State General Fund. 7

(b) Any funds collected during the fiscal year as a 8

result of fines, administrative fees or penalties except for 9

late fees may be transferred, upon approval by the Board, at the end 10

of the fiscal year to the 501(c)(3) nonprofit Alabama Home Builders 11

Foundation to be used for classroom training tools and learning 12

materials at educational facilities that provide plumbing and 13

gas fitting curriculums, exclusively for any program approved 14

or accredited by the State of Alabama, United States 15

Federal Government, or any state or federal government agency 16

or department. 17

“(b c) The executive director and the deputy director 18

of the board shall, before entering upon the duties of their 19

office, make and file with the Secretary of State an official 20

bond in the sum of five thousand ($5,000), unless 21

covered by the state blanket bond. The appropriate premiums on 22

the bond shall be paid out of the funds of the board, and the 23

bond shall be executed by an approved bonding fidelity or 24

guaranty company qualified to do business in Alabama and 25

acceptable to the Secretary of State. 26

Ҥ34-37-6 27

“(a) It shall be unlawful for any person, firm, 28

corporation or other legal entity as defined in §34-37-1(14) to 29

10

contract, engage in, offer to engage, or convey the impression that 1

he or she is certified in purchase a business license or to do 2

or perform, or to contract, direct, or superintend any plumbing, gas 3

fitting, or medical gas piping within the State of Alabama any 4

incorporated city or town or county of this state unless the person 5

has first registered or received a certificate of competency, 6

hereinafter referred to as “certificate” that is in force and effect 7

at the time the plumbing, gas fitting, or medical gas piping is done 8

offered, performed, directed, or superintended, except as hereinafter 9

provided. 10

“(b) The board shall register all legal entities 11

as defined in 34-37-1(14), engaging in, or offering to engage in, 12

plumbing, gas fitting or 13

medical gas piping in the State of Alabama upon forms provided 14

by the board, and upon the applicant first paying all prescribed 15

fees. Disciplinary action for the registered legal entities may 16

be the same as for certified individuals engaged in plumbing, 17

gas fitting or medical gas piping. 18

“(c) The business name which is registered with the 19

board for each legal entity engaged in plumbing, gas fitting 20

or medical gas Piping shall be displayed in a prominent 21

manner on two sides of each service or construction vehicle. 22

The lettering shall be a minimum of two inches in height. 23

“(b) (d) The board shall register every person who 24

may apply for an apprentice plumber or gas fitters registration 25

11

certificate upon forms provided by the board, upon the 1

applicant first paying all prescribed fees. 2

“( c)(e) The board shall examine and pass upon 3

the qualification of every person who applies or for a journeyman’s 4

Plumber or gas fitter certificate upon forms provided by the 5

Board. 6

“(1) An applicant for examination for a jouneyman’s 7

plumber or gas fitter certificate shall submit proof that the 8

applicant has two years of current work experience as an apprentice 9

plumber or gas fitter or has completed an apprentice training 10

program approved by the board. 11

“(2) Applicants for journeyman plumber or gas fitter 12

shall be examined, orally or in writing, upon the fundamentals 13

of plumbing or gas fitting, the theory and practice of 14

plumbing installation and construction or gas fitting work, 15

and the experience and ability of the applicant in practical 16

plumbing installation and construction or gas fitting work. 17

“(3) If the applicant is found to possess an 18

accurate knowledge of the theory and correct practice of 19

plumbing installation and construction or gas fitting work, 20

and sufficient experience and ability in plumbing installation 21

and construction or gas fitting work to safely and competently 22

apply that knowledge and practice, the board shall issue a 23

12

certificate, upon the applicant first paying all prescribed 1

fees. 2

“(4) The examination shall be administered by an 3

independent examining agency. 4

“(d) (f) The board shall examine and pass upon the 5

qualifications of every person who applies for a master’s 6

plumber or gas fitter certificate upon forms provided by the 7

board. 8

“ (1) Applicants for examination for a master plumber 9

certificate shall submit proof to the board that the applicant 10

has at least one year of current work experience as a journeyman 11

plumber. 12

“ (2) Applicants for examination for a master gas 13

fitter’s certificate shall submit proof to the board that the 14

applicant has at least one year of current work experience as a 15

journeyman gas fitter. 16

“ (3) An applicant for a master’s certificate shall 17

be examined upon knowledge, training, and ability, in the 18

planning, laying out, and supervision of plumbing installation 19

and construction work or gas fitting work, and if found to 20

possess those qualifications, the applicant shall be issued a 21

master’s plumber or gas fitter certificate by the board upon 22

the applicant first paying all prescribed fees. 23

13

“(e) (g) No person shall be issued a certificate 1

without passing the prescribed examination. A person who has 2

passed the examination must become certified within 90 3

calendar days and shall not be required to take the 4

examination thereafter in order to secure a certificate in 5

subsequent years. An individual who passes the examination but 6

fails to become certified within 90 calendar days shall be 7

required to retake the examination. At least four examinations 8

per year shall be conducted, at a time and place prescribed 9

by the board after reasonable notice. 10

“(f) (h) Any master plumber, master gas fitter, 11

journeyman plumber, or journeyman gas fitter, apprentice plumber, or 12

apprentice gas fitter performing 13

medical gas piping shall provide proof to the board that he or 14

she has successfully completed a current medical gas piping 15

certification program approved by the board. The approval by 16

the board shall be indicated by endorsement as a medical gas 17

piping fitter on his or her certificate. Any journeyman 18

performing medical gas piping shall work under the direction 19

of a master plumber or master gas fitter whose certificate 20

entitles him or her to install medical gas piping. 21

“ (g) An applicant for any type of certification 22

Shall be a United States citizen or. If not a citizen of the 23

14

United States, a person who is legally present in the United 1

States with appropriate documentation from the federal 2

Government. 3

Ҥ34-37-7 Reexamination 4

“Any person who fails to pass an examination may, 5

upon reapplication and payment of the regular examination 6

fee, be reexamined at any subsequent examination given by the board. 7

Ҥ34-37-8 8

“ (a) Any person who holds a certificate issued by 9

the board shall be issued statewide certification upon the 10

annual renewal of their existing certificate. 11

“ (b) Any certificate issued by the board shall be 12

acceptable by any city, town, or county in the state and any 13

existing local statute or ordinance contrary to this section 14

is repealed, and no other competency certificate or 15

examination shall be required of plumbers, gas fitters, or 16

medical gas piping fitters by any local governmental entity. 17

“(c) Any current registration or annual certificate 18

issued to any person individual by the board shall be in possession of 19

the person individual at any time he or she engages in or proposes to 20

engage as a master, journeyman, or apprentice plumber, gas 21

fitter, or medical gas piping fitter, as the 22

case may be, and upon request he or she shall make the 23

15

certificate or registration available for inspection and 1

identification by any person or persons for whom he or she 2

engages or proposes to engage as such, and for identification 3

by plumbing, gas, or other authorized enforcement personnel of 4

any governmental entity, board, or agency when requested. 5

Ҥ34-37-9 6

“The board shall set the necessary fees to 7

administer the requirements of this chapter and when adopted, 8

such fee schedule shall be in lieu of any fee schedule 9

heretofore prescribed by the board. The board shall not change 10

the fee schedule to be effective in the middle of a calendar 11

year. 12

“The certificates or registrations provided 13

for herein shall be issued by the board upon the payment of 14

the prescribed fees. 15

All annual certificates or registrations shall expire 16

on December 31, of the year in which they were issued. The 17

certificate fees herein prescribed shall be in addition 18

to all privilege or license taxes otherwise levied. 19

Certificates or registrations renewed after December 31 20

shall include the late renewal penalty established by 21

the board. 22

“ All applicants requesting replacement of lost or 23

16

stolen certificates shall be required to pay a $5 reissuance 1

fee based on the regular fee schedule. 2

“All persons individuals serving in the armed forces will 3

not be required to pay any back years for a renewal certificate 4

during the calendar year he or she is released from active 5

military duty. 6

All other persons individuals shall pay back years and 7

prescribed penalties as set forth by Rules of the Board. Unless proof 8

satisfactory to the board is furnished indicating that the individual 9

was not employed in such years in the plumbing or gas fitting trade. 10

Any requests for waiver of back years and penalties shall 11

be reviewed and considered by the Board. The Board shall vote to 12

approve or disapprove each request. 13

Ҥ34-37-10 Temporary certificate 14

“The board may issue a temporary revocable certificate for 15

journeyman classification one time only to any person pending 16

such person’s examination for a certificate, if such person 17

furnishes satisfactory proof that he holds a license or certificate 18

to practice as a journeyman plumber or gas fitter in any state 19

wherein plumbers and gas fitters are required to meet prescribed 20

standards before engaging in the trade of journeyman plumber or 21

gas fitter. Any such temporary certificate during the effective 22

period thererof shall have the force and effect of an annual 23

17

certificate; but no such temporary certificate shall be effective 1

for a period of more than 90 days from the issuance thereof, or 2

until the next examination whichever is longer. Prior to 3

receiving any such temporary certificate, the applicant therefor 4

shall be required to pay to the board one half of the annual 5

certificate fee provided for journeyman plumber or 6

gas fitter, as the case may be. Additional test dates for master 7

plumber and master gas fitter examinations may be given at the 8

discretion of the board. 9

Ҥ34-37-1110 Reciprocal agreements 10

“The board may establish reciprocal agreements with 11

any other state licensing or certifying board which recognizes, 12

as a minimum, the standards prescribed by the board, and may 13

allow certified plumbers and gas fitters to receive a license 14

certificate in this state without taking examinations if the 15

Plumber or gas fitter is currently licensed in the reciprocating state 16

and upon the payment of the prescribed fees. 17

Ҥ34-37-1211. 18

“The board may revoke or suspend any 19

Certificate or registration obtained through concealment, 20

misstatement, or misrepresentation of any material fact in 21

the application for such certificate. The board may discipline 22

any person(s) as defined in 34-37-1(14) or for a willful violation 23

18

of any law or ordinance pertaining to the business of the holder 1

of such certificates. and may impose fines, administrative fees or 2

penalties not to exceed $2,000 for each violation. The Board 3

may also order restitution. 4

Before a certificate or registration may be suspended or revoked, 5

the holder thereof shall have notice in writing, enumerating 6

the charges against him or her, and be entitled to a hearing 7

by the board, not sooner than five days from receipt of notice. 8

The holder Of such certificate or registration shall be given 9

an opportunity to present Testimony, oral or written, and right 10

to cross-examination and representation by counsel. All 11

testimony shall be given under oath. The board shall have 12

power to administer oaths, issue Subpoenas, and compel the 13

attendance of witnesses. 14

“The decision of the board shall be based on the 15

evidence produced at the hearing and made part of the record 16

thereof. The board may suspend any certificate or registration 17

up to one year or may revoke the certificate or registration. 18

The person whose certificate or registration has been revoked 19

shall not be permitted to apply for a license certificate or 20

Registration for one year from the date of revocation. 21

No certification or registration shall be suspended or revoked 22

unless the majority of the board members concur. Board procedure 23

19

shall be the same as defined in the Alabama Administrative 1

Procedure Act, Chapter 22 of Title 42. The board may 2

establish additional procedures as needed provided that any 3

additional procedures are published and made public and 4

are not in conflict with state law. 5

“ Hearings shall be conducted by a hearing officer 6

Appointed by the board. The hearing officer may be a board 7

Member, the executive director, or such other person as the 8

Board may deem fit and proper to hold such hearing. The 9

Testimony adduced at the hearing, along with all other 10

Proceedings, shall be taken down by a competent stenographer 11

And shall be preserved as a record of the board and shall be 12

Open to the public inspection at all reasonable times. A copy 13

Of the record so adduced shall be furnished to each member of 14

The board, and no license shall be revoked unless a majority 15

Of the board members concur with the revocation of same. 16

“No annual certificate shall be issued to any 17

Certificate holder whose certificate shall have been revoked 18

By the board after such hearing until one year from and after 19

The date of such revocation unless the certificate holder 20

Whose certificate shall have been so revoked shall enter into 21

A bond with good and sufficient surety in the penal sum of 22

$1,000 to faithfully comply with the provisions of this 23

20

Chapter and of all rules and regulations and codes adopted by 1

The board, provided however, that such certificate holder 2

Whose certificate shall be so revoked may within five days 3

After such revocation appeal from the board’s decision or 4

Revocation to the circuit court of the county in which the 5

Certificate holder resides, does business, or is employed. 6

Ҥ34-37-13. 7

“In order to protect the public from damages arising 8

From plumbing and gas fitting or plumbing work and gas fitting 9

Work failing to comply with the requirements of any state laws 10

Applicable thereto, or with the ordinances of any municipal 11

Corporation applicable thereto, it is hereby provided that 12

Before any person engages in the business of principal master 13

Plumber or principal master gas fitter, he shall 14

Execute and deposit with the judge of probate in the county of 15

His or her principal place of business a bond in the sum 16

Of $2,000. Such bond shall be a cash bond of $2,000 or executed 17

by a surety authorized and qualified to write surety bonds in the 18

State of Alabama, and shall be approved by the probate judge. Such 19

bond shall be conditioned upon al plumbing and gas fitting work done 20

Performed or supervised by such principal master plumber or 21

Principal master gas fitter complying with the provisions of 22

Any laws or ordinances relating to plumbing and gas fitting 23

21

And applicable thereto. Action on such bond may be brought 1

Against the principal and surety thereon in the name of, and 2

For the benefit of, any person who suffers damages as a 3

consequence of the principal master plumber’s or principal 4

master gas fitter’s work not conforming to the requirements of 5

any laws or ordinances pertaining to plumbing and gas fitting 6

and applicable thereto, provided, however, that the aggregate 7

liability of the surety to all persons so damaged shall, in no 8

event, exceed the sum of the bond. This shall be a statewide 9

bond. No Principal master plumber, principal master gas 10

fitter, business, firm, or corporation who holds an active 11

performance bond with the board shall be required to purchase 12

a performance bond within any incorporated city or county 13

within the State of Alabama. 14

“34-37-1412 15

“ (a)No person who has obtained a Certificate or 16

registration shall allow his or her name to be used by 17

another person, either for the purpose of obtaining permits, 18

or doing business or work under his or her certificate or registration 19

and every person certified or registered shall notify the board of the 20

address of his or her residence and place of business and the name 21

under which such business is carried on, and shall give immediate 22

written notice within thirty days to the board of any change in 23

22

either. 1

“(b) Before any person individual certified by the board 2

engages in the business of master plumber and/or master gas 3

fitter, he or she shall notify the board of the address of the 4

place of business he or she engages in as such and the name 5

under which such business is carried on and shall give 6

immediate written notice within thirty days of any change in 7

either. All information required by this section shall be 8

furnished on a business certification form furnished by the board. 9

“(c)Any current certified or registered individual master 10

plumber or master gas fitter who desires to renew his or her annual 11

certificate but who does not intend to engage as a master in the 12

trade, as defined in this chapter, shall complete an inactive status 13

affidavit obtained from the board. Any individual in inactive status 14

must renew annually by remitting the annual inactive renewal fee set 15

in the fee schedule. 16

(d) Code officials who hold a certification with 17

the board and wish to be inactive shall be exempt from all 18

renewal fees and re-examination requirements. 19

(e) Any individual in inactive status who wishes to 20

reinstate active status shall complete an active status affidavit 21

obtained from the board and remit all prescribed fees prior to re- 22

engaging in plumbing and/or gas fitting. 23

23

Ҥ34-37-15 13. 1

“ (a) The following acts, works, and conduct may be 2

performed by anyone, without license or a registration or 3

certificate, provided, however, that all work and services 4

herein named or referred to shall be subject to an inspection 5

and approval in accordance with the terms of all state laws 6

and applicable municipal ordinances: 7

(1) Plumbing work done by a property owner in 8

or about a building owned by or occupied by him or her. 9

“(2)(1) Plumbing Gas fitting work done performed by 10

anyone who is regularly employed or acting as a anyone who 11

is regularly employed or acting as a maintenance man acting 12

under the supervision of a maintenance engineer or maintenance 13

engineer incidental to and in connection with the business in 14

which he or she is employed and engaged, provided the gas 15

fitting plumbing work is done performed on the premises of the 16

employer, and who does not engage in the occupations of a 17

plumber or gas fitter for the general public. 18

“(3) (2) Maintenance and reinstallation Plumbing work 19

Done performed upon the premises or equipment of a railroad, 20

or other businesses or industry, by an employee thereof who 21

does not engage in the occupation of a plumber or gas fitter 22

for the general public. 23

24

“ (4)(3) Plumbing or gas fitting work done performed, 1

not on private property, with the exception of easements, by 2

persons engaged by or employed by any public utility company in 3

the laying, maintenance, and operation of its service mains or 4

lines and the installation, alteration, 5

adjustment, repair, removal, and renovation of all types of 6

appurtenances, and equipment, and appliances provided such 7

Plumbing work does not necessitate tying into waste or sewer 8

Lines on the outlet side of the trap or alter gas piping on the 9

consumer side of the meter. 10

“(4) Any person engaged solely in the testing of 11

backflow devices is exempt from the provisions of this 12

chapter. 13

“ (5) Appliances or fixture installations and service 14

Work done in connecting appliances or fixtures to existing 15

Piping installations. 16

“(1)(5) Plumbing work performed by a property owner in 17

or about a building owned or occupied by the owner. 18

“ (6) Any person may install washing machines to 19

existing piping installation or waste lines, provided such 20

plumbing work does not necessitate tying into waste or sewer 21

lines on the outlet side of the trap. 22

“ ( b) This chapter shall not apply to any natural gas 23

25

utility company having fewer than 350 employees that is 1

regulated by the Alabama Public Service Commission. 2

“ (b) This chapter does not apply to any plumbing 3

work done performed by a property owner in or about a building 4

owned or occupied by him or her, or plumbing work done performed 5

by anyone who is regularly employed by the property owner to provide 6

maintenance or other repair services if the work is incidental 7

to and in connection with the property for which he or she is 8

employed and engaged and is done on the premises of the 9

employer. 10

Ҥ34-37-16 14 Restrictions 11

(a)No person shall use nor allow their certificate to enable 12

anyone other than the certificate holder and his employees 13

directly supervised by the certificate holder to perform 14

plumbing or gas fitting. Local officials may require the 15

certificate holder to be present if any problems develop 16

on the work. 17

(b) No certificate issued by the board can be sold or 18

transferred. Any certificate which is misused may be revoked 19

by the board. 20

Ҥ34-37-17 15 21

“ (a) The board shall have the administrative 22

authority to discipline or require a certificate holder 23

26

to attend training specific to violations. The board has the 1

authority to levy civil fines or penalties to 2

any registered apprentice, certificate holder or legal entity 3

registered by the board for a violation of any provision of 4

this chapter regulating plumbers, gas fitters, or medical 5

gas pipe fitters up to two thousand dollars ($2,000) per violation 6

and actual hearing cost. 7

“ (b) In addition to or in lieu of the criminal 8

penalties and administrative sanctions provided in this 9

chapter, the board may issue an order to any person or legal entity 10

engaged in any activity, conduct, or practice constituting a 11

violation of this chapter, directing the person or 12

legal entity to forthwith cease and desist from the activity, 13

conduct, practice, or performance of any work then being 14

performed or about to be commenced. 15

“(c) It shall be unlawful for any person or legal entity 16

to violate any provision of this chapter regulating plumbers, gas 17

fitters, or medical gas piping fitters. Any person convicted 18

of such violation shall be punished as prescribed for a Class 19

B A misdemeanor.” 20

Ҥ34-37-16 Records and confidentiality 21

(a) The Board shall keep a record of its proceedings. 22

23

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(b) The records of the board shall be evidence of the proceedings 1

of the board set forth therein, and a transcript thereof, 2

duly certified by the executive director of the board under 3

seal, shall be admissible in evidence with the same force and 4

effect as if the original were produced. 5

(c) Board records and papers of the following class are of a 6

Confidential nature and are not public record: examination material 7

for examinations not yet given; exam scores; letters of inquiry 8

and reference concerning applicants; board inquiry forms 9

concerning applicants; pending or closed complaints and 10

investigative files which shall remain confidential until an 11

actual formal hearing may commence; and all other materials of 12

like confidential nature. 13

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