FAQ - The NJ Plumbing Law

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Frequently Asked Questions about NJ Plumbing Law

Frequently Asked Questions
    1. Who can legally replace existing Plumbing in New Jersey?

        According to "The State Plumbing License Law of 1968."

        STATE BOARD OF MASTER PLUMBING


        45:14C-12.3. Exclusive licensing procedure

        a. On or after the effective date of this 1987 amendatory and supplementary act, a person shall not work as a master plumber or use the title or designation of master plumber unless licensed pursuant to the provisions of this amendatory and supplementary act.

         

        b. On or after the effective date of this 1987 amendatory and supplementary act, a person, firm, partnership, corporation or other legal entity shall not engage in the business of plumbing contracting or advertise in any manner as a plumbing contractor or use the title or designation of plumbing contractor unless authorized to act as a plumbing contractor pursuant to the provisions of this amendatory and supplementary act. In addition to any penalty authorized pursuant to the provisions of section 12 of P.L.1978, c.73 (C.45:1-25), any person, firm, partnership, corporation or other legal entity which violates any provision of this subsection shall be guilty of a disorderly persons offense.

        L.1987, c. 442, s .8; amended 1992, c. 62.

         

        45:14C-12.4. Exemption

        The provisions of this amendatory and supplementary act shall not apply to a single family home owner who performs plumbing work on his own dwelling.

        L. 1987, c. 442, s. 9.

    2. What are the penalties the Board of Master Plumbers may use against an unlicensed entity doing Plumbing?

        5:1-25 Violations, penalties.

        STATE BOARD OF MASTER PLUMBING

         

        a. Any person who engages in any conduct in violation of any provision of an act or regulation administered by a board shall, in addition to any other sanctions provided herein, be liable to a civil penalty of not more than $10,000 for the first violation and not more than $20,000 for the second and each subsequent violation. 

        For the purpose of construing this section, each act in violation of any provision of an act or regulation administered by a board shall constitute a separate violation and shall be deemed a second or subsequent violation under the following circumstances: 

         

        1. An administrative or court order has been entered in a prior, separate and independent proceeding;
        2. the person is found within a single proceeding to have committed more than one violation of any provision of an act or regulation administered by a board; or
        3.  the person is found within a single proceeding to have committed separate violations of any provision of more than one act or regulation administered by a board.

    3. What other proceeding may the board of master plumbers use against an unlicensed entity doing plumbing?

        b. In lieu of an administrative proceeding or an action in the Superior Court, the Attorney General may bring an action in the name of any board for the collection or enforcement of civil penalties for the violation of any provision of an act or regulation administered by such board. Such action may be brought in summary manner pursuant to the "Penalty Enforcement Law of 1999/' P.L.1999, c.274 (C.2A:58-10 et seq.) and the rules of court governing actions for the collection of civil penalties in the municipal court where the offense occurred. Process in such action may be by summons or warrant and in the event that the defendant in such action fails to answer such action, the court shall, upon finding an unlawful act or practice to have been committed by the defendant, issue a warrant for the defendant's arrest in order to bring such person before the court to satisfy the civil penalties imposed. In any action commenced pursuant to this section, the court may order restored to any person in interest any moneys or property acquired by means of an unlawful act or practice.

         

        c. Any action alleging the unlicensed practice of a profession or occupation shall be brought pursuant to this section or, where injunctive relief is sought, by an action commenced in the Superior Court.

         

        d. In any action brought pursuant to this act, a board or the court may order the payment of costs for the use of the State, including, but not limited to, costs of investigation, expert witness fees and costs, attorney fees and costs, and transcript costs.

    4. Who defines what a Plumbing Contractor is?

        UNDER 45:14C-2-(a) (The State Plumbing License Law of 1968.)

        STATE BOARD OF MASTER PLUMBING

         

        (a) "Master Plumber" means a person licensed pursuant to this amendatory and supplementary act who has the qualifications, training, experience and technical knowledge necessary to properly plan, layout, install and repair plumbing apparatus and equipment and to supervise others in the performance of such work in accordance with standards, rules and regulations established by the State Board;

         

        UNDER 45:14C-2-(h) (The State Plumbing License Law of 1968.)

         

        (h) “Plumbing contractor” means any licensed master plumber, firm, partnership, corporation or other legal entity which undertakes or offers to undertake for another the planning, laying out, supervising, installing or making of additions, alterations and repairs in the installation of plumbing. In order to act as “a plumbing contractor,” a licensed master plumber shall be the holder of not less than 10% of the issued and outstanding shares of stock in the corporation, or not less than 10% of the capital of the partnership, or not less than 10% of the ownership of any other firm or legal entity engaging in the business of plumbing contracting in the State and shall employ either journeymen plumbers or apprentice plumbers or both.

        L. 1968, c. 362, s. 2; amended 1987, c. 442, s. 1.

    5. What constitutes Plumbing work according to the Board of Master Plumbers?

        UNDER 45:14C-2-(h) (The State Plumbing License Law of 1968.)

        STATE BOARD OF MASTER PLUMBING

         

        (g) "Plumbing" means the practice, materials and fixtures used in the installation, maintenance, extension, alteration, repair and removal of all piping, plumbing fixtures, plumbing appliances and plumbing apparatus in connection with any of the following: sanitary drainage, storm facilities and building sewers to their respective final connection to an approved point of disposal, venting systems, public and private water supply systems of any premises to and within the property line of any building, structure or conveyance to their final connection with an approved supply system. Plumbing shall also mean the practice and materials used in the installation, maintenance, extension, alteration, repair or removal of storm water, refrigeration and air conditioning drains,liquid waste or sewage.

    6. Does the State Board of Master Plumbers have the authority to make and enforce the rules that the Master Plumbers shall adhere to?

        UNDER CHAPTER 32 13:32-1.1

        STATE BOARD OF MASTER PLUMBING

          

         Purpose and scope

         

        The rules contained in this chapter implement the provisions of the State Plumbing Licensing Law N.J.S.A. 45:14C-1 et seq) and provide for the licensing and regulation of master plumbers and the regulation of plumbing contractors.

    7. What is the definition of a Master Plumber under the Board of Master Plumber’s rules?

        UNDER CHAPTER 32 13:32-1.3

        STATE BOARD OF MASTER PLUMBING


        “Licensed Master Plumber” means a person licensed pursuant to N.J.S.A. 45:14C-1 et seq. who has the qualifications, training, experience and technical knowledge necessary to properly plan, layout install and repair plumbing apparatus and equipment and to supervise others in the performance of such work in accordance with the rules established in this chapter.

    8. What is the definition of Plumbing under the Board of Master Plumber’s rules?

        Under Chapter 32 13:32-1.3

        STATE BOARD OF MASTER PLUMBING

         

        "Plumbing" means the practice, materials and fixtures used in the installation, maintenance, extension, alteration, repair and removal of all piping, plumbing fixtures, plumbing appliances and plumbing apparatus in connection with any of the following:


        1. Sanitary drainage;
        2. Storm facilities and building sewers to their respective final connection to an approved point of disposal;
        3. Venting systems; and
        4. Public and private water supply systems of any premises to and within the property line of any building to their final connection with an approved supply system.

        "Plumbing" also means the practice and materials used in the installation, maintenance, extension, alteration, repair or removal of storm water, refrigeration and air conditioning drains, liquid waste or sewage. "Plumbing" does not include the final connection to an approved point of disposal or an approved supply system which extends beyond three feet of a building or structure.

    9.What is the definition of a Plumbing Contractor under the Board of Master Plumbers?

        Under Chapter 32 13:32-1.3

         

        “Plumbing contractor” means any individual licensed master plumber operating as a sole proprietor who, or a firm, partnership, corporation or other legal entity which undertakes for another the planning, laying out, supervising, installing or making of additions, alterations and repairs in the installation of plumbing who either acts, or has a licensed master plumber who acts, as a bona fide representative as required by N.J.S.A. 45:14C-2(d) and (h) and this subchapter.

    10. What is defined as the Scope of Plumbing by the Board of Master Plumbers?

        Under Chapter 32 13:32-1.4 (a)(b)(c) 1-9

         

        (a) This section prescribes the permissible scope of plumbing practice which shall include that which is defined as plumbing in N.J.A.C. 13:32-1.3.

         

        (b) Plumbing shall only be performed by a master plumber, an authorized plumbing contractor, or by employees working under the supervision of a master plumber as permitted by N.J.S.A. 45:14C-1 et seq. and N.J.A.C. 13:32-3.3(a)3.

         

        (c) For purposes of this section, the following shall also be considered within the scope of the practice of plumbing and shall only be performed by individuals designated in (b) above:


        1. Performing of plumbing work, including minor work and ordinary repairs even though a permit is not required;
        2.  Installation and service of storm, sanitary, and water piping to the final point of connection within three feet of the exterior of a building or structure located on private property;
        3. Installation of the water service and backflow preventer for fire suppression systems and water sprinkler systems;
        4. Plumbing work performed at a place of business by employees of that  business on property owned by the business;
        5. Disconnection and sealing of water and sewer lines;
        6. Installation and service of all direct and indirect drain piping associated with mechanical equipment that is connected to a sewer system;
        7.  Installation or disconnection of water filtration or water softening equipment, water heaters, humidifiers, ice making equipment or backflow preventers; 32-3
        8. Installation of water piping on the house side of a well water compression tank; and
        9. Installation, extension, alteration, repair, maintenance, testing and removal of storm, sanitary and water piping between buildings or structures on a property

        (d) If an individual does not charge for the services listed in (c) above, or if he or she provides such services for a nonprofit organization, the provision of these services is the practice of plumbing and the individual shall be a licensed master plumber.  

    11. Are there any exemptions pertaining to the scope of Plumbing by the Board of Master Plumbers?

        Under Exemptions from Chapter 32

         

        13:32-1.4 (e) Scope of Practice

         

        (e) For purposes of this section, the following may be performed by both licensed master plumbers and individuals

        who are not licensed master plumbers:

        1. The clearance of stoppages and installation or removal of a cleanout or cleanout equivalent necessary to clear the stoppage;
        2. The installation and service of storm, sanitary, and water piping from the final point of connection more than three feet from the exterior of a building or structure located on private property;
        3. The installation, service, and maintenance of fire suppression systems and lawn sprinkler systems downstream from a back flow prevention device;
        4. The installation, service, and maintenance of gas and hydronic piping;
        5. The demolition or removal of plumbing, provided the water and sewer utilities are first disconnected and sealed outside the building;
        6. The installation and service of transmission piping by water or sewer utilities; and
        7. The installation and service of water lines to mechanicals downstream from a back flow prevention device. (f) The provisions of this section shall not apply to:

        1. A single-family home owner who performs plumbing work in his or her own dwelling; and
        2. Plumbing work performed by full-time employees of a public agency on property owned by that agency.

        (g) A licensed master plumber may perform a task listed in (e) above, as long as he or she performs the task in a manner

        consistent with professional plumbing standards.                                                                                                                    

         

        (h) An individual who is licensed pursuant to N.J.S.A. 58:4A-23 et seq. is not engaged in the unlicensed practice of plumbing when he or she is performing the tasks that he or she is licensed to perform.

         

        (i) A licensed master plumber may perform construction work that is necessary for the completion of plumbing work a licensed master plumber has contracted to perform.

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