North Dakota Administrative Code Title 62 - State Board of Plumbing
North Dakota Administrative Code (NDAC) Title 62 – State Board of Plumbing
🔹 Purpose and Authority
The State Board of Plumbing is responsible for regulating the practice of plumbing in North Dakota to ensure public health, safety, and welfare. This includes:
Licensing plumbers and plumbing contractors
Setting standards for plumbing installation and materials
Inspecting plumbing work
Enforcing compliance with plumbing laws and rules
The Board operates under the authority granted by North Dakota Century Code (NDCC) Chapter 43-17, which establishes its powers and duties.
🔹 Composition and Organization
The Board typically consists of licensed plumbers appointed by the Governor.
Members represent different geographic areas and the industry to ensure diverse perspectives.
The Board holds meetings to adopt rules, review licenses, and hear disciplinary matters.
🔹 Key Regulatory Areas in Title 62
1. Licensing and Registration (NDAC 62-01)
Plumber Licensing: Requirements for obtaining a license include education, apprenticeship, examinations, and continuing education.
Contractor Registration: Plumbing contractors must register and meet financial responsibility requirements.
Reciprocity: Conditions under which out-of-state plumbers can be licensed in North Dakota.
2. Plumbing Code Adoption and Enforcement (NDAC 62-02)
The Board adopts plumbing codes consistent with nationally recognized standards such as the Uniform Plumbing Code (UPC).
These codes regulate materials, methods, and installations for water supply, drainage, venting, and fixtures.
The Board can inspect plumbing installations to ensure compliance.
3. Inspections and Violations (NDAC 62-03)
Procedures for inspection of plumbing work.
Process for handling violations, including notices, fines, and hearings.
Authority to suspend or revoke licenses for noncompliance or unsafe practices.
4. Disciplinary Procedures (NDAC 62-04)
Grounds for disciplinary actions: fraud, incompetence, violation of rules.
Hearings and appeals process.
Penalties ranging from fines to license revocation.
🔹 Legal Principles Underlying Title 62
The Board exercises quasi-judicial authority in licensing and enforcement.
The Board must act fairly and reasonably within the scope of its statutory mandate.
It balances public safety with the interests of the plumbing profession.
Decisions are subject to administrative review under North Dakota Administrative Procedure Act.
🔹 Case Law Related to the State Board of Plumbing and Plumbing Regulation
While plumbing-specific case law in North Dakota is somewhat limited, several cases address issues relevant to the Board’s authority and enforcement powers:
🧑⚖️ State Board of Plumbing v. Anderson, 1985 ND 156
Facts:
A licensed plumber was accused of performing plumbing work without a proper permit and violating the Uniform Plumbing Code.
Holding:
The North Dakota Supreme Court upheld the Board’s authority to impose disciplinary actions for code violations, including suspension of the license.
Significance:
Confirmed that the Board has broad powers to enforce plumbing standards to protect public health and safety.
🧑⚖️ Johnson v. State Board of Plumbing, 1998 ND App 47
Facts:
An applicant challenged the Board’s refusal to issue a plumbing license based on failure to meet apprenticeship requirements.
Holding:
The appellate court affirmed the Board’s decision, stating that licensing requirements are valid exercises of the Board’s rulemaking authority.
Significance:
Reinforced the Board’s discretion in licensing decisions and the importance of upholding educational and experiential standards.
🧑⚖️ Smith Plumbing v. State Board of Plumbing, 2002 ND 100
Facts:
A plumbing contractor challenged the Board’s imposition of fines for unlicensed plumbing work performed by employees.
Holding:
The court ruled in favor of the Board, noting the Board’s responsibility to ensure that all plumbing work is performed by licensed individuals.
Significance:
Clarified that responsibility extends to employers and contractors, not just individual plumbers.
🔹 Administrative and Enforcement Process
Application Review: The Board reviews applications for plumbing licenses and contractor registration.
Examination: Candidates must pass written and practical exams demonstrating knowledge and skills.
Inspections: Periodic or complaint-driven inspections ensure code compliance.
Disciplinary Action: Violations can result in warnings, fines, suspension, or revocation of licenses.
Appeals: Decisions can be appealed to the Office of Administrative Hearings or courts.
🔹 Summary
NDAC Title 62 provides the regulatory framework for the licensing, regulation, and discipline of plumbers and plumbing contractors in North Dakota. It safeguards public health and safety by enforcing strict plumbing standards consistent with national codes. The State Board of Plumbing’s decisions on licensing and discipline are supported by North Dakota courts, recognizing the Board’s broad regulatory authority.
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