HOUSE BILL NO. 98
INTRODUCED BY B. SIMON
BY REQUEST OF THE BOARD OF PLUMBERS
AN ACT CLARIFYING WHEN A LICENSE TO PERFORM PLUMBING WORK IS REQUIRED; AND AMENDING SECTIONS 37-69-102 AND 37-69-301, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 37-69-102, MCA, is amended to read:
"37-69-102. Exceptions Permanent and temporary exceptions. (1) Licensure is not required in the following
instances of plumbing installation:
(a) where when an owner of a single-family residence used exclusively for his the owner's personal use makes the
installation himself for installs all sanitary plumbing and potable water supply piping or where when a mobile home dealer
or a manufactured housing dealer makes such installation connects a mobile home or a manufactured house to existing
sanitary and potable water supply facilities as part of delivering and setting up a mobile home for a purchaser;
(b) in any mine, mill, smelter, refinery, or railroad;
(c) in a farm or ranch not connected to public water supply and sewage disposal systems;. For the purposes of this
subsection (1)(c), a "farm or ranch" means the same as in 39-3-402.
(d) in cities, towns, water districts, and water user associations extending, repairing, or replacing their own water and sewer mains;
(e) installation of water conditioner services in private dwellings;
(f) minor work by employees or agents of an appliance dealer incidental to the installation of an appliance purchased
from the dealer; and
(g) installation of a water meter by a qualified person appointed by the administrative authority of the water system; and
(h) in the case of a private water supply, installation of the pump, waterline, or pressure tank, regardless of whether the pump, waterline, or pressure tank is located inside or outside the structure being served.
(2) This chapter shall may not be construed to apply to or to affect plumbing installations in any mines, mills, smelters,
refineries, public utilities, railroads, or plumbing installations on farms or ranches not connected to public water supply or
sewage disposal systems.
(3) If a licensed person is not available, the council or commission of a county, city, or town or the board of directors or managers of a water or sewer district or water utility may, by ordinance, rule, or resolution, authorize an unlicensed person to perform plumbing work on a temporary basis if:
(a) the council, commission, or board of directors has provided reasonable notice by certified letter to the board; and
(b) the board has approved the temporary authorization or has failed to respond to the certified letter required under subsection (3)(a) within 30 days of the letter's postmark.
(4) The council, commission, board of directors, or board shall withdraw the temporary authorization provided for in subsection (3) when a licensed person is reasonably available."
Section 2. Section 37-69-301, MCA, is amended to read:
"37-69-301. License required -- temporary exception by municipal resolution when licensed plumber not
available. Any Except as provided in 37-69-102, a person working at the field of plumbing working at the field of
plumbing in any incorporated city, town, or in any other area served by a public water supply or a public sewer system in
this state, either as a master plumber or as a journeyman plumber, or who while working at the field of plumbing shall
connect plumbing to or disconnect plumbing from a public water supply or public sewer system shall first secure a state
obtain a license as hereinafter provided in Title 37, chapter 69, part 3. The council or commission of any city or town or
board of directors or managers of a water or sewer district or water utility, in cases where a duly licensed person or persons
are not reasonably available, may by ordinance, rule, or resolution duly adopted and upon reasonable notice by certified
letter to the board of plumbers and upon their approval, or after 30 days from the date of the postmark of the certified letter
if the board fails to respond to the certified letter, authorize the practice in the field of plumbing by a person or persons who
have not obtained the state licenses as hereinafter provided until such time as a duly licensed person or persons are
reasonably available or until the board of plumbers withdraws its authorization."
- END -
Latest Version of HB 98 (HB0098.ENR)
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