HomeMy WebLinkAbout09-24-1984 Regular Meeting.1•
STATE OF ALABAMA
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in regular session at
5:30 o'clock, P.M., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 24 September 1984.
Present were Mayor James P. Nix; Councilmembers Roy C. White,
Trisha Nelson, David E. Bishop, Michael A. Ford, and Barney L.
Shull; City Attorney James Reid and City Clerk Evelyn Phillips.
No one was absent.
There being a quorum present, Mayor Nix called the meeting
to order. Minutes of the 10 September 1984 regular session were
duly approved.
Councilman Bishop introduced, and moved for the adoption of,
the following Resolution. Seconded by Councilman Ford, motion
passed unanimously:
RESOLUTION NO. 135-84
WHEREAS, the City of Fairhope has completed the implementation
of a FY82 State Small Cities Community Development Block Grant,
Project No. L-SP-PF-82-126, for drainage improvements; and
WHEREAS, a balance exists in the contingency line item of $753.60;
NOW THEREFORE BE IT RESOLVED that $495.02 be transferred to the
construction line item and $258.58 be transferred to the adminis-
trative line item.
ADOPTED THIS 24th DAY OF SEP=ER, 1984.
?s:?�.NiLx, Mayor
&,Z,g
City Cyerk
An application for a Beer Off -Premises License and a Wine
Off -Premises License by Paul Edwin Moore, dba SHORT STOP FOOD-N-
DELI, to be constructed on the NE corner of Highway 98 and
Nichols Avenue, was discussed. No one present was opposed, and
there was police approval. Councilman White moved for approval
of the licenses. Seconded by Councilman Ford, motion passed
unanimously.
An application for a Wine On/Off License and a Beer On/Off
License by Norma G. Chevalier, dba EDWARDS, to be located at
14 South Church Street, was discussed. No one present was opposed,
24 September 1984
610
and there was police approval. Councilman Ford moved for approval
of the licenses. Seconded by Councilman Shull, motion passed
unanimously.
An application for a Wine On/Off License and a Beer On/Off
License by Martha Alsup and Mary Ann Nelson, dba MARY ANN'S DELI
AND CATERING, INC., to be located at 302 DeLaMar Street, was
discussed. No one present was opposed, and there was police approval.
Councilman Shull moved for approval of the licenses. Seconded by
Councilwoman Nelson, motion passed unanimously.
Council considered a petition to vacate an unopened alley
between Satsuma and Kumquat Avenues, parallel to Pier and Pecan
Streets. This had been considered some months ago, however there
was then a question as to whether all abutting property owners had
signed the Vacation Declaration. The Declaration was now signed
by all abutting property owners. Councilman White introduced, and
moved for the adoption of, the following Resolution. Seconded by
Councilman Shull, motion passed unanimously:
RESOLUTION NO. 136-84
WHEREAS, a Declaration of Vacation signed by all owners of all
lands abutting the following described alley, situated in the
City of Fairhope, Baldwin County, Alabama, vacating the said
alley, has been duly presented to the Mayor and Council of the
City of Fairhope, for the assent and approval of said governing
body, said Declaration with map attached being hereto affixed,
marked "Exhibit A" and made a part hereof; and
WHEREAS, the alley above referred to is more particularly described
as follows:
Area of attached map marked in Orange Color as follows:
Running northwest and southeast from Satsuma Avenue be-
tween Pier and Pecan Streets to Kumquat Avenue. Said
alley is adjacent to and abutting lots 1 through 6 on
Pier Street and lots 7 through 12 on Pecan Street; and
WHEREAS, it appears to the Mayor and Council that the vacation
of said alley in in order and that convenient and reasonable
means of egress and ingress is afforded all other property
owners owning property in the tract of land embraced in the
plat of Magnolia Beach Addition to the City of Fairhope.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City
of Fairhope, that the vacation of the hereinabove described alley
is assented to and approved and the same is hereby vacated pur-
suant to the provisions of Section 23-4-20, Code of Alabama 1975,
as amended.
ADOPTED THIS 24th DAY OF SER, 1984.
1
J s P. Nix, Mayor
City C1#rk
24 September 1984
' 611
Mr. Gary Sandell, Fairhope Ambulance Service, Inc., presented
a proposal for the Mayor and Council's consideration. Mr. Sandell
seeks to contract with the City for financial assistance, in the
amount of $1,000 per month, in order to provide (1) a paramedic
unit available for response within the City at all times, (2)
free ambulance service to.all city employees, volunteer firemen,
auxiliary policeman, search & rescue crews, and public officials,
while on duty; and city prisoners, and (3) a periodic financial
statement on request. The proposal will be considered.
Mayor Nix reminded the Council and the media of next Monday's
special Council Organizational Session. The Session will -begin at
7:00 o'clock, P.M., and will be followed by a reception sponsored
by the Fairhope BPW Club.
Meeting was duly adjourned.
l e. "00UZ
James P. Nix, Mayor
city C erk
J,
STATUTORY LAW
AND
RULES
OF THE
ALABAMA PLUMBERS & GAS FITTERS
EXAMINING BOARD
/ GAS
ED LAWRENCE
Executive Director
11 West Oxmoor
Suite 104
Birmingham, AL 35209
Bus. (205) 945-4857
Fax (205) 945-9915
Current through 1997 Regular Session
Published March 1998
ALABAMA PLUMBERS AND GAS FITTERS EXAMINING BOARD
11 West Oxmoor Road Suite 104
Birmingham, AL 35209
(205) 945-4857
APPLICATION FOR EXAMINATION
Application for examination is hereby made. All fees shall be paid by MONEY ORDER,
COMPANY CHECK, CERTIFIED CHECK, OR CASHIER'S CHECK, payable to
"Plumbers and Gas Fitters Examining Board." NO CASH ACCEPTED.
NOTE: PLEASE PRINT OR TYPE
Name in full
Address
City
Phone
Employer _
Address
City
Phone_
From
SSN#
County State Zip Code
County State Zip Code
to
CHECK DESIRED EXAM BELOW
FEE
( ) MASTER PLUMBER
$100.00
( ) MASTER GAS FITTER
$100.00
( ) JOURNEYMAN PLUMBER
$50.00
( ) JOURNEYMAN GAS FITTER
$50.00
(Only one exam can be taken
at each schedule testing date)
I understand that the fee for this examination given on the date shown below,
is NON-REFUNDABLE and is for this examination only. Failure to appear will result in
forfeiture of fee. Next examination date scheduled
Place
Application and fees must be received on or before
Current Certification #
Applicant's Signature
16
TITLE 34
CHAPTER 37
PLUMBERS AND GAS FITTERS
(This is a compilation of the statutory text of the above chapter for legal reference, annotations and
amendments refer to a published text) § 34-37-1. Definitions.
For purposes of this chapter, the following terms shall have meanings respectively
ascribed to them herein unless the context clearly requires a different meaning:
(1) Apprentice gas fitter or plumber. A person other than a master or journeyman gas
fitter or plumber, who is engaged in learning and assisting in the installation of gas pipe,
equipment, apparatus, and appliances, and shall work directly under the supervision of
a journeyman or master gas fitter or plumber, and who has successfully fulfilled the reg-
istration requirements of the board and has been duly registered by the board as such
for the current year.
(2) Board. The Alabama Plumbers and Gas Fitters Examining Board as renamed by
this chapter. The board shall examine, certify, and regulate plumbers, gas fitters, and
medical gas piping fitters on a statewide basis pursuant to this chapter.
(3) Certification. The process of testing at the state level to determine the knowledge
and skill of an individual with respect to plumbing and gas fitting, and the issuing of cer-
tificates to indicate that an individual has passed the examination.
(4) Gas fitting, gas systems, or gas work. The installation, repair of pipes, fixtures, fit-
tings, appliances, or apparatus necessary for supplying natural gas for residential or
commercial use from the point of delivery and all gas piping before connection to the
combustion zone and including the applicable venting of flue gases to the outside atmo-
sphere and the provisions for air for combustion and ventilation. This chapter shall not
be construed to prevent any contractor certified by the Alabama Board of Heating and
Air Conditioning Contractors from installing, replacing, or performing service or repair on
natural gas fired air heating/cooling appliances, excluding piping to them provided the
installing contractor has a valid certificate issued by the Alabama Board of Heating and
Air Conditioning Contractors.
(5) Journeyman gas fitter. A person who engages in or works at the actual installation,
repair, or replacement of gas work, who has successfully fulfilled the examination
requirements of the board, has been issued a journeyman gas fitter certificate by the
board, and possesses a valid and current annual certificate issued by the board. The
certificate shall be available for inspection on request.
(6) Journeyman plumber. A person who engages in or works at the actual installation,
repair, or replacement of plumbing systems, who has successfully fulfilled the examina-
tion requirements of the board, has been issued a journeyman plumber certificate by the
board, and possesses a valid and current annual certificate issued by the board. The
certificate shall be available for inspection on request.
(7) Master gas fitter. Any person engaged in or proposing to engage in the business
of contracting to do, or of superintending the installation, maintenance, or repair of gas
systems or gas work, either or both. The individual shall qualify to be a certified master
gas fitter. If the business be a firm or corporation, at least one active employee of the
firm or corporation shall be a duly registered and certified master gas fitter, actively and
continuously connected with the conduct of said business. The master gas fitter shall
have in his or her possession a current annual certificate issued by the board. The cer-
tificate shall be available for inspection on request.
(8) Master plumber. Any person engaged in or proposing to engage in the business
of contracting to do, or of superintending the installation, maintenance, or repair of
plumbing, or both. The individual shall qualify to be a certified master plumber. If the
business is a firm or corporation, at least one active employee of the firm or corporation
shall be a duly registered and certified master plumber, actively, continuously connect-
ed with the conduct of the business. The master plumber shall have in his or her pos-
session a current annual certificate issued by the board. The certificate shall be
available for inspection on request.
(9) Medical gas piping fitter. A master plumber or master gas fitter whose certificate
bears an endorsement for installation of medical gas piping. A journeyman plumber or
journeyman gas fitter whose certificate bears an endorsement for installation of medical
gas piping shall be entitled to install medical gas piping under the direction of a master
plumber or master gas fitter whose certificate entitles him or her to install medical gas
piping. The medical gas piping fitter shall have in his or her possession a current annu-
al certificate with endorsement issued by the board. The certificate shall be available for
inspection on request.
(10) Medical gas piping. Piping used solely to transport gases used for medical pur-
poses.
(11) Plumbing, plumbing systems, or plumbing work. The installation, repair, or
replacement of pipes, fixtures, or other apparatus necessary either for supplying water
or for removing liquid or waterborne waste. The term is also used to denote installed fix-
tures, drainage, vents, and water distribution systems.
§ 34-37-2. Board renamed; authority expanded.
The Plumbers Examining Board as created by Act No. 529 of the 1949 Regular Session
of the Legislature (Acts 1949, p. 827), as amended, is renamed the Plumbers and Gas
Fitters Examining Board and the authority of the board is expanded to allow the board
to examine, certify, and regulate plumbers, gas fitters, and medical gas piping fitters on
a statewide basis. The board may make and enforce rules adopted in accordance with
Chapter 22 of Title 41, the Alabama Administrative Procedure Act.
§ 34-37-3. Appointments to board; composition.
The board members established by this chapter, shall continue to serve on the board as
renamed by this chapter until the expiration of their current terms. Provided, however,
that whenever a current term on said board expires after May 2, 1989, appointments
shall be made by the Governor to fill seats vacated by expiration of term so that each
congressional district in the state shall eventually be represented on such board.
Appointments shall be subject to confirmation by the Senate. Members shall serve until
their successors are appointed and qualified. The order by which such appointments
from congressional districts shall be made by the Governor shall be as follows: District
No. 6; District No. 7; District No. 5; District No. 2; District No. 4; District No. 1; and Dis-
trict No. 3. The Governor shall designate the length of the term of each of his appointees
not to exceed four years. The board shall always be composed of the following mem-
bers: one member appointed by the Governor shall be a master plumber as defined by
this chapter; one member appointed by the Governor shall be a journeyman plumber as
defined by this chapter; one member appointed by the Governor shall be a registered
professional engineer licensed as such by the State Board of Registration of Profes-
ALABAMA PLUMBERS AND GAS FITTERS EXAMINING BOARD
11 West Oxmoor Road Suite 104
Birmingham, AL 35209
PHONE (205) 945-4857
WAIVER OF ANNUAL FEES/PENALTIES
NAME
ADDRESS
CITY
PLUMBING CARD #
SOCIAL SEC #
STATE ZIP
GAS CARD #
I certify that I was not actively engaged in the plumbing and/or gas fitting business
during the years of through , and hereby apply for the
waiver of annual fees/penalties for this period.
No waiver of annual fees/penalties will be granted to any person caught without
current certification
Please check appropriate block below:
[ ] Enclosed is a signed and notarized affidavit that I did not perform plumbing or
gas fitting during said period, along with proof of other employment during this
period.
[ ] Enclosed is a signed and notarized affidavit that for medical reasons, I did not
perform plumbing or gas fitting during said period, along with a doctor's state-
ment or other medical records confirming disability during that period.
Signature
Subscribed and sworn to before me this day of
My commission expires
Notary Public
2 15
19
ALABAMA PLUMBERS AND GAS FITTERS EXAMINING BOARD
11 West Oxmoor Road Suite 104
Birmingham, AL 35209
(205) 945-4857
APPRENTICE REGISTRATION
Application for registration as an Apprentice Plumber/Gas Fitter is hereby made and
the fee of $25.00, as payment for a permanent Certificate, is hereby submitted in the
form of a Money Order or Cashier Check.
NOTE: PLEASE PRINT OR TYPE
Name Social Security
Address
City
Phone
Employer
Employer's Address
City
Date
14
my
Zip
Zip
Applicant's Signature
sional Engineers and Land Surveyors as provided in Article 2 of Chapter 11 of Title 34,
or any subsequent act relating to the licensing of professional engineers; one member
appointed by the Governor shall be a municipal or county building official; one member
appointed by the Governor shall be a master gas fitter as defined in this chapter; one
member appointed by the Governor shall be a journeyman gas fitter as defined in this
chapter; and one member appointed by the Governor shall be appointed from the pub-
lic at large. The member representing the public at large shall not be engaged or other-
wise connected with the plumbing or gas industry or the installation of plumbing or gas
work nor connected with any person, firm or corporation handling or dealing in material,
fixtures or appliances connected with plumbing or gas work. The membership of the
board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and eco-
nomic diversity of the state.
§ 34-37-4. Board; meetings; compensation; employees.
(a) The board shall meet when necessary for the proper performance of its duties, but
in no case less than once a year. Meetings shall be held at places in the state as the
board deems necessary. At its first meeting next following May 2, 1989, and every two
years thereafter, the board shall organize itself by electing from its membership a chair,
vice -chair, and a recording secretary. The board shall appoint, employ, or contract with
an executive director for the board, and may appoint, employ, or contract with a deputy
director, neither of whom shall be subject to the State Merit System. The executive direc-
tor shall serve as treasurer of the board, but the deputy director may serve as treasurer
of the board in the absence of the executive director or when otherwise directed by the
board. In addition to any other duties, the deputy director may serve as a hearing offi-
cer for the board in any license proceeding pursuant to Section 34-37-12. The execu-
tive director and the deputy director shall not be a member of the board and shall not be
engaged or otherwise connected with the plumbing or gas fitting industry. The board
shall set the compensation of the executive director and the deputy director in accor-
dance with regulations of the State Personnel Board. Four members of the board shall
constitute a quorum for transacting business. Each member of the board shall receive
as compensation for services the sum of two hundred dollars ($200) per day for each
day spent in active service for the board. In addition to per diem compensation, each
board member shall be reimbursed for any necessary expense incurred in performing
duties as a board member. The expenses allowable to each board member shall not
exceed the per diem amount of state travel expenses allowed by law, from time to time,
for state employees traveling on state business. Employees of the board shall also be
entitled to reimbursement for traveling expenses incurred when traveling on official
board business at the rate for state employees traveling on state business. The board
may employ or contract for stenographic or clerical help and compliance officers when
needed, and may purchase necessary office supplies, equipment, and services.
(b) The compensation and expense provided for in this section, and all other autho-
rized expenses, shall be payable solely from fees collected by or on behalf of the board.
In no event shall any expense incurred by the board be charged against any funds of
the State of Alabama other than the funds collected under this chapter.
§ 34-37-5. Deposit and disbursement of funds; bond of the executive director and
deputy director.
(a) There is established a separate special revenue trust fund in the State Treasury
to be known as the Alabama Plumbers and Gas Fitters Examining Board Fund. All
receipts collected by the board under this chapter shall be deposited in this fund and
used only to carry out this chapter. The fund shall be disbursed only by warrant of the
State Comptroller upon the State Treasury upon itemized vouchers approved by the
executive director of the board or, in the absence of the executive director, by the deputy
director. No funds shall be withdrawn or expended except as budgeted and allotted
according to Sections 41-4-80 to 41-4-96, inclusive, as amended, and only in amounts
as stipulated in the general appropriation bill or other appropriation bills. Any funds
unspent and unencumbered at the end of each fiscal year that exceed 25 percent of the
board's budget for the previous fiscal year shall be transferred to the State General
Fund.
(b) The executive director and the deputy director of the board shall, before entering
upon the duties of their office, make and file with the Secretary of State an official bond
in the sum of five thousand dollars ($5,000), unless covered by the state blanket bond.
The appropriate premiums on the bond shall be paid out of the funds of the board, and
the bond shall be executed by an approved bonding fidelity or guaranty company qual-
ified to do business in Alabama and acceptable to the Secretary of State.
§ 34-37-6. Certification of competency; requirement, application - Board's duties.
(a) It shall be unlawful for any person, firm, or corporation to purchase a business
license or to do or perform, or to contract, direct, or superintend any plumbing, gas fit-
ting, or medical gas piping within any incorporated city or town or county of this state
unless the person has first received a certificate of competency, hereinafter referred to
as "certificate," that is in force and effect at the time the plumbing, gas fitting, or medical
gas piping is done, directed, or superintended, except as hereinafter provided.
(b) The board shall register every person who may apply for an apprentice plumber
or gas fitter registration certificate upon forms provided by the board, upon first paying
all prescribed fees.
(c) The board shall examine and pass upon the qualification of every person who
applies for a journeyman's plumber or gas fitter certificate upon forms provided by the
board. An applicant for examination for a journeyman's plumber or gas fitter certificate
shall submit proof that the applicant has two years of work experience as an apprentice
plumber or gas fitter or has completed an apprentice training program approved by the
board. Applicants for journeyman plumber or gas fitter shall be examined, orally or in
writing, upon the fundamentals of plumbing or gas fitting, the theory and practice of
plumbing installation and construction or gas fitting work, and the experience and abili-
ty of the applicant in practical plumbing installation and construction or gas fitting work.
If the applicant is found to possess an accurate knowledge of the theory and correct
practice of plumbing installation and construction or gas fitting work, and sufficient expe-
rience and ability in plumbing installation and construction or gas fitting work to safely
and competently apply that knowledge and practice, the board shall issue a certificate,
upon the applicant first paying all prescribed fees. The examination shall be adminis-
tered by an independent examining agency.
(d) The board shall examine and pass upon the qualifications of every person who
applies for a masters plumber or gas fitter certificate upon forms provided by the board.
(1) Applicants for examination for a master plumber certificate shall submit
proof to the board that the applicant has at least one year of work experience as
a journeyman plumber.
(2) Applicants for examination for a master gas fitter's certificate shall sub-
mit proof to the board that the applicant has at least one year of work experience
as a journeymen gas fitter.
ALABAMA PLUMBERS AND GAS FITTERS EXAMINING BOARD
11 West Oxmoor Road Suite 104
Birmingham, AL 35209
(205) 945-4857
MASTER PLUMBER AND/OR GAS FITTER REGISTRATION
To the ALABAMA PLUMBERS AND GAS FITTERS EXAMINING BOARD: Applica-
tion for registration as a MASTER PLUMBER AND/OR GAS FITTER is hereby made
and the annual fee of $100.00 each is herewith submitted in the form of a
CASHIER'S CHECK, COMPANY CHECK or MONEY ORDER.
NO CASH ACCEPTED.
NOTE: PLEASE PRINT OR TYPE
Name in full
Home Address
City State Zip _
Social Security Number
MP CARD #
MG CARD #
_ County
Phone
EACH COMPANY ENGAGING IN THE PLUMBING AND/OR GAS FITTING BUSI-
NESS IS REQUIRED TO EMPLOY AT LEAST ONE MASTER.
( ) I am the MASTER for the following employer:
Employer
Phone
City State Zip County
If you are NOT the PRINCIPAL MASTER for your employer, please complete the affi-
davit below.
AFFIDAVIT:
I am the certified MASTER but at the present time am not operating
business. I am, at the present time, in the employ of
my own
in the event i decide to operate my own business, I will notify the Board Office
by Registered Mail.
Signature
Sworn and subscribed to before me this day of , 19_
Notary Public
My commission expires
BEFORE MAILING, BE SURE FORM HAS BEEN SIGNED AND NOTARIZED.
92-4
13
720-x-14-.01 Definition of Medical Gas Piping Systems. Due to the threat to human
life, no one shall install any medical gas piping or breach the integrity of any medical
gas piping system unless the person has first received an endorsement for medical
gas piping from the Alabama Plumbers and Gas Fitters Examining Board and such
endorsement is affixed to the current certificate of competency issued to said person
and the certificate is in their possession. Replacing cylinders and filters, and per-
forming routine and preventive maintenance that does not breach the integrity of the
medical gas piping system and does not constitute the installation, repair or replace-
ment of medical gas piping shall not require a medical gas piping endorsement.
Author: Ed Lawrence
Statutory Authority: Section 34-37-1; 34-37-6 (Code of Alabama 1975 as amended)
History: New Rule
Certified: Pending
12
(3) An applicant for a master's certificate shall be examined upon knowl-
edge, training, and ability, in the planning, laying out, and supervision of plumb-
ing installation and construction work or gas fitting work, and if found to possess
those qualifications, the applicant shall be issued a master's plumber or gas fit-
ter certificate by the board.
(e) No person shall be issued a certificate without passing the prescribed examina-
tion. A person who has passed the examination shall not be required to take the exam-
ination thereafter in order to secure a certificate in subsequent years. At least four
examinations per year shall be conducted, at a time and place prescribed by the board
after reasonable notice.
(f) Any master plumber, master gas fitter, journeyman plumber, or journeyman gas fit-
ter performing medical gas piping shall provide proof to the board that he or she has
successfully completed a current medical gas piping certification program approved by
the board. The approval by the board shall be indicated by endorsement as a medical
gas piping fitter on his or her certificate. Any journeyman performing medical gas piping
shall work under the direction of a master plumber or master gas fitter whose certificate
entitles him or her to install medical gas piping.
§ 34-37-7. Reexamination.
Any person who fails to pass an examination may, upon reapplication and payment of
the regular examination fee, be reexamined at any subsequent examination given by
the board.
§ 34-37-8. Renewals; acceptance and inspection of certificate.
(a) Any person who holds a certificate issued by the board shall be issued statewide
certification upon the renewal of their existing certificate.
(b) Any certificate issued by the board shall be acceptable by any city, town, or coun-
ty in the state and any existing local statute or ordinance contrary to this section is
repealed, and no other competency certification or examination shall be required of
plumbers, gas fitters, or medical gas piping fitters by any local governmental entity.
(c) Any current registration or annual certificate issued to any person by the board
shall be in possession of the person at any time he or she engages in or proposes to
engage as a master, journeyman, or apprentice plumber, gas fitter, or medical gas pip-
ing fitter, as the case may be, and upon request he or she shall make the certificate or
registration available for inspection and identification by any person or persons for
whom he or she engages or proposes to engage as such, and for identification by
plumbing, gas, or other authorized enforcement personnel of any governmental entity,
board, or agency when requested.
§ 34-37-9. Fees; reissuance fees; exceptions.
The board shall set the necessary fees to administer the requirements of this chapter
and when adopted, such fee schedule shall be in lieu of any fee schedule heretofore
prescribed by said board. The board shall not change the fee schedule to be effective
in the middle of a calendar year.
The certificates provided for herein shall be issued by the board upon the payment of
the prescribed fees. All annual certificates shall expire on December 31 of the year in
which they are issued. The certificate fees herein prescribed shall be in addition to all
privilege or license taxes otherwise levied. Certificates renewed after December 31 shall
include the late renewal penalty established by the board.
All applicants requesting replacement of lost or stolen certificates shall be required to
pay a $5.00 reissuance fee based on the regular fee schedule.
All persons serving in the armed forces will not be required to pay any back years for a
renewal certificate during the calendar year he is released from active military duty. All
other persons shall pay back years unless proof satisfactory to the board is furnished
indicating that the individual was not employed in such years in the plumbing or gas fit-
ting trade.
§ 34-37-10. Temporary certificate.
The board may issue a temporary revocable certificate for journeyman classification one
time only to any person pending such person's examination for a certificate, if such per-
son furnishes satisfactory proof that he holds a license or certificate to practice as a jour-
neyman plumber or gas fitter in any state wherein plumbers and gas fitters are required
to meet prescribed standards before engaging in the trade of journeyman plumber or
gas fitter. Any such temporary certificate during the effective period thereof shall have
the force and effect of an annual certificate; but no such temporary certificate shall be
effective for a period of more than 90 days from the issuance thereof, or until the next
examination, whichever is longer. Prior to receiving any such temporary certificate, the
applicant therefor shall be required to pay to the board one half of the annual certificate
fee provided for journeyman plumber or gas fitter, as the case may be. Additional test
dates for master plumber and master gas fitter examinations may be given at the dis-
cretion of the board.
§ 34-37-11. Reciprocal agreements.
The board may establish reciprocal agreements with any other state licensing or certi-
fying board which recognizes, as a minimum, the standards prescribed by the board,
and may allow certified plumbers and gas fitters to receive a license in this state without
taking examinations if such plumber or gas fitter is licensed in the reciprocating state.
§ 34-37-12. Revocation of certificates.
The board may revoke or suspend any certificate if obtained through concealment, mis-
statement or misrepresentation of any material fact in the application for such certificate,
or for a willful violation of any law or ordinance pertaining to the business of the holder
of such certificates. Before a certificate may be revoked, the holder thereof shall have
notice in writing, enumerating the charges against him, and be entitled to a hearing by
the board not sooner than five days from receipt of notice. The holder of such certificate
shall be given an opportunity to present testimony, oral or written, and right of cross-
examination and representation by counsel. All testimony shall be given under oath. The
board shall have power to administer oaths, issue subpoenas, and compel the atten-
dance of witnesses.
The decision of the board shall be based on the evidence produced at the hearing and
made a part of the record thereof. The person whose certificate has been revoked shall
not be permitted to apply for a license for one year from the date of revocation.
Hearings shall be conducted by a hearing officer appointed by the board. Said hearing
officer may be a board member, the executive director or such other person as the board
may deem fit.and proper to hold such hearing. The testimony adduced at said hearing,
along with all other proceedings, shall be taken down by a competent stenographer and
shall be preserved as a record of the board and shall be open to the public inspection
at all reasonable times. A copy of said record so adduced shall be furnished to each
member of the board, and no license shall be revoked unless a majority of the board
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: November 18, 1992
720-x-11-.01 Work Permitted by Apprentice Plumber/Gas Fitters. It shall be unlaw-
ful and a violation of Act No. 89.406, as amended, for an Apprentice Plumber/Gas
Fitter, certified in accordance with the rules and regulations of the Alabama Plumbers
& Gas Fitters Examining Board to perform any plumbing/gas fitting work, as provid-
ed in Act No. 89-406, as amended, and as may be further defined by the Board in
rules passed by the Board, unless said Apprentice Plumber/Gas Fitter performs said
work under the direct supervision of a certified Journeyman Plumber, Journeyman
a Gas Fitter, Master Plumber or Master Gas Fitter who remains on the job/work site at
all times while such work is being performed by the Apprentice Plumber/Gas Fitter.
An Apprentice Plumber/Gas Fitter is a trainee, therefore it shall be unlawful, and a
violation of Act No. 89-406, as amended, for any one Journeyman Plumber, Jour-
neyman Gas Fitter, Master Plumber or Master Gas Fitter to directly supervise on any
job site more than one Apprentice Plumber/Gas Fitter.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: August 4, 1995
720-x-12-.01 Responsibility of Master Plumber. It shall be unlawful and a violation
of Act No. 89-406, as amended, for a Master Plumber, certified in accordance with
the rules and regulations of the Alabama Plumbers & Gas Fitters Examining Board
as provided in Act No. 89-406, as amended, or as may be further defined by the
Board in rules passed by the Board, to supervise or direct any person in the perfor-
mance of plumbing or gas fitting work as defined in Section 34-37-1 (Code of Alaba-
ma 1975, as amended) where the person performing such work does not hold
current certification with the Alabama Plumbers & Gas Fitters Examining Board.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 & 17 (Code of Alabama 1975 as amended)
History: New Rule
Certified: August 4, 1995
720-x-13-.01 Responsibility of Master Gas Fitter. It shall be unlawful and a violation
of Act No. 89-406, as amended, for a Master Gas Fitter, certified in accordance with
the rules and regulations of the Alabama Plumbers & Gas Fitters Examining Board
as provided in Act No. 89-406, as amended, or as may be further defined by the
Board in rules passed by the Board, to supervise or direct any person in the perfor-
mance of plumbing or gas fitting work as defined in Section 34-37-1 (Code of Alaba-
ma 1975, as amended) where the person performing such work does not hold
current certification with the Alabama Plumbers & Gas Fitters Examining Board.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: August 4, 1995
11
said journeyman plumber performs said work under the general supervision of a cer-
tified master plumber.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: September 16, 1992
720-x-6-.01 Work Permitted by Journeyman Gas Fitters. It shall be unlawful and a
violation of Act No. 89-406 as amended for a journeyman gas fitter, certified in accor-
dance with the rules and regulations of the Alabama Plumbers & Gas Fitters Exam-
ining Board to perform any gas fitting work, as provided in Act No. 89-406 as
amended or as may be further defined by the Board in rules passed by the Board,
unless said journeyman gas fitter performs said work under the general supervision
of a certified master gas fitter.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: September 16, 1992
720-x-7-.01 Administration of Examinations. All examinations for which the Board
has authority to require shall be administered by an independent examining agency
as selected by the Board.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: September 16, 1992
720-x-8-.01 Venting of Gas Heating Equipment. Any contractor certified by the Alaba-
ma Board of Heating and Air Conditioning Contractors may install vents on natural
gas burning heating equipment without certification by this Board.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: September 16, 1992
720-x-9-.01 Penalty for Late Renewal of Certificate. All certificates for Journeyman
and Master Plumber and Gas Fitter expire on December 31 of each year. A penalty
equal to twice the renewal rate for the respective certificate shall be charged to the
holder of such certificate in the event the certificate is renewed after December 31 of
each year.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: November 18, 1992
720-00-.01 Waiver of First Year Certificate Fee. for Journeyman and Master
Plumbers and Gas Fitters. The Board shall be allowed to waive the first year fee for
issuing a certificate for Journeyman and Master Plumbers and Gas Fitters who pay
the examination fee and pass the examination for the respective classification.
10
members concur with the revocation of same.
No annual certificate shall be issued to any certificate holder whose certificate shall have
been revoked by the board after such hearing until one year from and after the date of
such revocation unless the certificate holder whose certificate shall have been so
revoked shall enter into a bond with good and sufficient surety in the penal sum of
$1,000 to faithfully comply with the provisions of this chapter and of all rules and regu-
lations and codes adopted by the board, provided, however, that such certificate holder
whose certificate shall be so revoked may within five days after such revocation appeal
from the board's decision or revocation to the circuit court of the county in which said
certificate holder resides, does business or is employed.
§ 34-37-13. Master plumbers and gas fitter's bond.
In order to protect the public from damages arising from plumbing and gas fitting or
plumbing work and gas fitting work failing to comply with the requirements of any state
laws applicable thereto, or with the ordinances of any municipal corporation applicable
thereto, it is hereby provided that before any person engages in the business of master
plumber or master gas fitter, he shall execute and deposit with the judge of probate in
the county of his principal place of business a bond in the sum of $2,000.00. Such bond
shall be a cash bond of $2,000.00 or executed by a surety authorized and qualified to
write surety bonds in the state of Alabama, and shall be approved by the probate judge.
Such bond shall be conditioned upon all plumbing and gas fitting work done or super-
vised by such master plumber or master gas fitter complying with the provisions of any
laws or ordinances relating to plumbing and gas fitting and applicable thereto. Action on
such bond may be brought against the principal and surety thereon in the name of, and
for the benefit of, any person who suffers damages as a consequence of said master
plumber's or master gas fitter's work not conforming to the requirements of any laws or
ordinances pertaining to plumbing and gas fitting and applicable thereto, provided, how-
ever, that the aggregate liability of the surety to all persons so damaged shall, in no
event, exceed the sum of said bond.
§ 34-37-14. Wrongful use of certificate; notification of address; inactive status affidavit
(a) No person who has obtained a certificate shall allow his name to be used by
another person, either for the purpose of obtaining permits, or doing business or work
under his certificate; and every person certified shall notify the board of the address of
his place of business and the name under which such business is carried on, and shall
give immediate notice to the board of any change in either.
(b) Before any person certified by the board engages in the business of master
plumber and/or master gas fitter, he shall notify the board of the address of the place of
business he or she engages in as such and the name under which such business is car-
ried on and shall give immediate notice of any change in either. All information required
by this section shall be fumished on a business certification form furnished by the board.
(c) Any certified master plumber or master gas fitter who desires to renew his annu-
al certificate but does not intend to engage as a master shall complete an inactive sta-
tus affidavit obtained from the board.
§ 34-37-15. Acts, works and conduct permitted, without license; chapter not applicable
to specific natural gas utility companies.
(a) The following acts, work, and conduct may be performed by anyone, without
license or certificate, provided, however, that all work and services herein named or
referred to shall be subject to an inspection and approval in accordance with the terms
of all state laws and applicable municipal ordinances:
(1) Plumbing work done by a property owner in or about a building owned
or occupied by him or her.
(2) Plumbing or gas fitting work done by anyone who is regularly employed
or acting as a maintenance man acting under the supervision of a maintenance
engineer or maintenance engineer incidental to and in connection with the busi-
ness in which he is employed and engaged, provided said plumbing or gas fit-
ting work is done on the premises of said employer, and who does not engage
in the occupation of a plumber or gas fitter for the general public.
(3) Maintenance and reinstallation work done upon the premises or equip-
ment of a railroad, other businesses or industry, by an employee thereof who
does not engage in the occupation of a plumber or gas fitter for the general pub-
lic.
(4) Plumbing or gas fitting work done by persons engaged by any public util-
ity company in the laying, maintenance and operation of its service mains or
lines and the installation, alteration, adjustment, repair, removal, and renovation
of all types of appurtenances, equipment, and appliances, provided such plumb-
ing work does not necessitate tying into waste or sewer lines on the outlet side
of a trap or alter gas piping on consumer side of meter.
(5) Appliances or fixture installations and service work done in connecting
appliances or fixtures to existing piping installations.
(6) Any person may install washing machines to existing piping installation
or waste lines, provided such plumbing work does not necessitate tying into
waste or sewer lines on the outlet side of the trap.
(b) The provisions of this chapter shall not apply to any natural gas utility company
having fewer than 350 employees that is regulated by the Alabama Public Service Com-
mission.§ 34-37-16. Restrictions.
(a) No person shall use nor allow their certificate to enable anyone other than the cer-
tificate holder and his employees directly supervised by the certificate holder to perform
plumbing or gas fitting. Local officials may require the certificate holder to be present if
any problems develop on the work.
(b) No certificate issued by the board can be sold or transferred. Any certificate which
is misused may be revoked by the board.
§ 34-37-17. Violation; penalty.
It shall be unlawful for any person to violate any provision of this chapter regulating
plumbers, gas fitters, or medical gas piping fitters. Any person convicted of such viola-
tion shall be punished as prescribed for a Class B misdemeanor.
§ 34-37-18. Repealer.
All laws or parts of laws which conflict with this act are hereby repealed and Act No. 529,
H. 977, 1949 Regular Session (Acts 1949, p. 827), is hereby specifically repealed.
RULES
OF THE
ALABAMA PLUMBERS & GAS FITTERS
EXAMINING BOARD
720-x-1-.01 Description of the Board. The Board is a 7 member Board appointed by
the Governor. The referenced statute describes the organization, general course,
method of operation and method of public information. The public may make sub-
iI mission and request to the Board in writing through the mailing address:
Alabama Plumbers & Gas Fitters Examining Board
11 West Oxmoor, Suite 104
Birmingham, AL 35209
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: January 7, 1991
720-x-2-.01 Definition of Plumbing. With respect to a building sewer, the building
sewer begins at the connection with the building drain and is considered plumbing
until it reaches a public sewer or an individual disposal system. With respect to water
service, the water line from the meter to the building, is considered plumbing.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: January 7, 1991
720-x-3-.01 Exchange of Water Heaters. Water heaters may be exchanged by a cer-
tified plumbing contractor or by a certified gas fitting contractor.
Author: Ed Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: January 7, 1991
720-x-4-.01 Forms. The following forms shall be available in the Board Office:
(1) Master Plumber and/or Gas Fitter Registration
(2) Application for Examination
(3) Application for Waiver of Annual Penalties and Fees
(4) Apprentice Registration
Author: Edgar S. Lawrence
Statutory Authority: Section 34-37-2 (Code of Alabama 1975 as amended)
History: New Rule
Certified: January 7, 1992 ( revised forms pending)
720-x-5-.01 Work Permitted by Journeyman Plumber. It shall be unlawful and a vio-
lation of Act No. 89-406 as amended for a journeyman plumber, certified in accor-
dance with the rules and regulations of the Alabama Plumbers & Gas Fitters
Examining Board to perform any plumbing, as provided in Act No. 89-406 as amend-
ed or as may be further defined by the Board in rules passed by the Board, unless