Current through Acts 2023-2024, ch. 1069
Section 62-6-406 - Application to work as a limited licensed plumber - Examination - Exemptions - Municipal and county licenses - Plumbing inspection(a)(1) If a person was not engaged in plumbing work prior to January 1, 2006, after that date, once a person obtains a minimum of one (1) year of plumbing experience satisfactory to the board as required in this part, the person desiring to engage in plumbing work as a limited licensed plumber in this state shall make written application to the board on forms prescribed by the board. The application shall be accompanied by a nonrefundable application fee.(2) If the application is satisfactory to the board, then the applicant is entitled to take an examination to determine the applicant's qualifications. The board shall charge each applicant an examination fee as set by the board for each examination. The applicant is entitled to an examination to determine the applicant's qualifications. The examination may be written or oral, or both.(3) If the results of the examination of an applicant are satisfactory to the board, then the board may issue to the applicant a license authorizing the applicant to perform plumbing services as provided in this part and charge a fee for the license.(4) In addition, if a person was not engaged in plumbing work prior to January 1, 2006, after that date, the board may also issue a license without an examination to a person who has been issued a license by a municipality or county if the person has obtained the minimum of one (1) year of plumbing experience in that municipality or county; provided, that the test required by the municipality or county is satisfactory to the board. In such case, the examination fee shall be waived by the board. The license issued to the person shall indicate that the person is not automatically permitted to work in any municipality or county that issues its own license to engage in plumbing work in that municipality or county.(5) Except as provided in subsection (h), if a person was not engaged in plumbing work prior to January 1, 2006, after that date, if the license for a limited licensed plumber was issued to a person pursuant to subdivision (a)(2) or (a)(4), once the person submits credible evidence to the board that the person has a minimum of two (2) years of plumbing experience satisfactory to the board, the board shall issue a license to the person, if the application is satisfactory to the board, that permits the person to perform plumbing services in any municipality, metropolitan government or county in this state, as provided by § 62-6-111(i); provided, however, that for purposes of this subdivision (a)(5), the licensee shall pay any local licensing fees in effect on the date the license issued pursuant to this subdivision (a)(5) is applied for.(b) The board may issue a license as a limited licensed plumber to any person without an examination as required by this part, if the person makes an application to the board prior to August 1, 2006, and provides evidence to the board that the person had obtained the minimum one (1) year of plumbing experience prior to January 1, 2006, satisfactory to the board. The license issued to the person shall indicate that the person is not automatically permitted to work in any municipality or county that issues its own license to engage in plumbing work in that municipality or county.(c)(1) Except as provided in subsection (b), applications for a license after January 1, 2006, shall provide proof of experience as required by the board; and the plumbing experience shall not be less than one (1) year of plumbing experience satisfactory to the board.(2) The board shall promulgate rules and regulations that establish uniform criteria to govern the issuance of licenses by the board. The board shall have discretionary authority in individual cases to modify criteria for an applicant, if the public safety and welfare clearly require modification and if the board furnishes the applicant with a written statement justifying the modification; provided, that the minimum one (1) year of plumbing experience satisfactory to the board shall not be waived or modified.(d) The exemption provisions on licensure of subdivisions (a)(2) and (a)(3) of § 62-6-103 shall apply to limited licensed plumbers.(e)(1) Notwithstanding any provision of this part to the contrary, a license as a limited licensed plumber shall not be required for a person to engage in plumbing work in any municipality or county that issues licenses to persons to perform plumbing work only in that municipality or county; provided, that the plumbing work may be used toward accumulating the minimum one (1) year of experience required to obtain licensure as a limited licensed plumber.(2) A current copy of a license or certification issued to a person who was engaged in plumbing work prior to January 1, 2006, by any county or municipality of this state prior to August 1, 2006, is evidence that the applicant had, by examination by an official of the county or municipality, demonstrated the qualifications required to perform plumbing work within its jurisdiction and was actively engaged in that business on January 1, 2006.(f) Any limited licensed plumber required by this part to be licensed, who requests a plumbing inspection, must first have a license as a limited licensed plumber issued by the board or a license issued by a municipality or county. If a municipality or county provides plumbing inspection services, then the plumbing inspection shall be provided by the municipality or county.(g)(1) The board shall formulate a system for inspectors when the plumbing inspection services are not provided by a municipality or county to report any problems they may encounter with the workmanship or conduct of a limited licensed plumber. The system shall include the use of inspectors who are employed by the board under § 62-6-107(b).(2) Inspectors working under the direction of the contractor's licensing board shall inspect a limited licensed plumber's work no later than the time of the rough electrical inspection and the work shall be found to be either satisfactory or unsatisfactory and requiring remedial work.(3) The board shall formulate an appropriate system and fee structure to be charged for inspections performed by inspectors working under the direction of the contractor's licensing board to effectuate the inspection provisions of this part within five (5) years after January 1, 2006.(h) Notwithstanding subsections (a)-(g), nothing in this part shall prohibit a city or county from adopting and enforcing stricter testing or experience requirements, or both, for a person to engage in plumbing work within the jurisdiction of the city or county; provided, however, that once an individual passes the license issued by the board to perform plumbing services statewide and the individual meets the stricter requirements, then the individual may perform plumbing services in any municipality, metropolitan government or county in this state.Amended by 2017 Tenn. Acts, ch. 454, s 5, eff. 5/25/2017.Acts 2004, ch. 826, § 7; 2006, ch. 570, §§ 3 - 9.