Analysis

Topic: Revises existing plumbing laws affecting the plumbing board, plumbing licenses, installation, alteration, maintenance, improvement, and inspection of plumbing.
Sponsor: Representative Judith Scranton
Committee: House Regulatory Reform
Date Introduced: January 10, 2001
Date of Analysis: May 1, 2001

Position: The department supports the concept of the bill.

Background: Although there have been laws relating to plumbing for 100 years, these laws have never covered the entire state. Public Act 222 of 1901 was the first of three state laws relating to plumbing. This act provided for plumbing inspection, examinations, licensing and registration, and regulation of plumbing and drainage work by local boards of examiners. This law applies only to cities and was superseded to the extent inconsistent with Public Act 230 of 1972, the Stille-DeRossett-Hale Single State Construction Code Act.

Public Act 266 of 1929 requires state licensing of plumbers doing work in cities and villages with a population of 5,000 or more and on multiple dwellings in any location. A State Plumbing Board was created. Provision is also made in the act for a state plumbing code and enforcement of that code. Although the 1929 act conflicts with the 1901 law, the 1901 law was never repealed. As was the case with the 1901 law, Public Act 266 was superseded to the extent inconsistent with Public Act 230 of 1972. Superseded provisions include promulgation and enforcement of the code.

Public Act 230 of 1972 does not govern the licensing of plumbers. As a result, the licensing provisions of Public Act 266 apply in certain cities and villages of the state and to work on multiple dwellings anywhere in the state. Arguably, the licensing and registration requirements in Public Act 222 apply in those cities not covered by the provisions of Public Act 266.

Description of Bill: The proposed plumbing law provides specifically for the following:

1. Repeals outdated codes, namely, 1929 PA 266, MCL 338.901 to 338.917 and 1901 PA 222, MCL 338.951 to 338.965.
2. Extends law to all parts of the state.
3. Extends law to corporations, as well as individuals.
4. Requires a permit for water softeners and limits non-licensed installation to residential.
5. Brings water heaters under the law.
6. More clearly defines the homeowner exemption.
7. Brings backflow and medical gas systems under the law.
8. Protects business in instances where the master plumber dies or leaves the business' employ by allowing the business 30 days to find a replacement.
9. Requires an exam in the Upper Peninsula.
10. Mandates code update education.
11. Prohibits dual licensing for masters who are also plumbing contractors.
12. Requires direct job site supervision of apprentices.
13. Allows escrow of a license for up to three (3) years.
14. Prohibits masters working for an industrial or institutional employer from obtaining plumbing permits for another employer.
15. Limits local registration fees to $15 per year.
16. Requires carrying on person a license and photo ID.

Arguments For: The state's requirements relating to the licensing of plumbers are confusing and inconsistent. A new plumbing law is needed to provide statewide protection for the public without adversely affecting legitimate licensed plumbing contractors. Revising the plumbing law is also necessary to accomplish the following:

• To extend the protection provided by the licensing law to all parts of the state.
• To update and streamline current law, as well as to eliminate the provisions in the plumbing law which have been superseded by the construction code act and which create confusion among enforcement staff and practitioners.
• To strengthen plumbing regulation and protect legitimate plumbers and plumbing businesses by providing consumers with more effective recourse.

Arguments Against: The intent of this proposal is to expand the scope of plumbing regulation, limit entry into the profession, and reduce the flexibility of business in getting maintenance work done. As a result, the proposal will protect the plumbing profession at the expense of increasing consumer and business costs.

Supporters/Opponents: The proposed bill is supported by the Michigan Plumbing and Mechanical Contractors Association. There is no known opposition.

Fiscal Information: There is no pertinent fiscal information to report regarding the proposed bill. Economic Impact: Since the primary focus of the proposed law is to rescind and replace outdated laws, there are no additional economic burdens placed upon the Department.

Administrative Rule Impact: The Act requires the Department to promulgate rules, in consultation with the Board, for (re)establishing standards for the following:

• License classifications under this act.
• The examination and licensing of plumbing contractors, master plumbers, and journey plumbers.
• The registration of plumbers' apprentices.