Vermont HVAC & Mechanical Licensing Law

Vermont Code · 8 sections

The following is the full text of Vermont’s hvac & mechanical licensing law statutes as published in the Vermont Code. For the official version, see the Vermont Legislature.

26 V.S.A. § 1091

§ 1091. Eligibility for licensure (a) Each applicant for licensure as a property inspector shall meet the following minimum requirements: (1) Be at least 18 years of age and have successfully completed high school or its equivalent. (2) Complete no less than 80 hours of education approved by the Director covering all of the following real property core components: (A) heating systems; (B) cooling systems; (C) plumbing systems; (D) electrical systems; (E) structural components; (F) foundations; (G) roof coverings; (H) exterior and interior components; and (I) site aspects as they affect the building. (3) Pass an examination required for licensure. The Director shall identify by rule an eligibility examination required for licensure that is an independent, nationally recognized proctored examination. (4) [Repealed.] (b) Proof of certification issued by an independent, nationally recognized organization that provides certification for property inspectors satisfies the eligibility requirements set forth in subdivisions (a)(2) and (3) of this section. The Director shall identify by rule acceptable organizations for certification. The Director shall issue a license to practice to any person who in addition to the requirements of subdivision (a)(1) of this section is certified by an acceptable organization identified by the Director. (Added 2013, No. 136 (Adj. Sess.), § 2; amended 2015, No. 38, § 6, eff. May 28, 2015.)

26 V.S.A. § 2171

§ 2171. Purpose

The purpose of this chapter is to protect and improve the general health and welfare of the people of the State of Vermont in the fields of environmental sanitation, water treatment, domestic supply, and hydronically related hot water heating, by authorizing and enforcing rules and regulations for properly designed, acceptably installed, and adequately maintained plumbing, water treatment, and hydronically related water heating systems and by licensing qualified plumbers and qualified heating and water treatment specialists. (1959, No. 215, § 1, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 1.)

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26 V.S.A. § 2172

§ 2172. Definitions

The following words and phrases when used in this chapter shall be construed as follows:

(1) “Public water system” or “public sewerage disposal system” means any system supplying or serving 15 or more customers, each family, tenement, store, or other establishment being considered a single customer.

(2) “Master plumber” means any person, licensed under this chapter, that, as a business, installs plumbing systems, hires or employs a person or persons to do plumbing work, or supervises journey plumbers or apprentice plumbers in completion of their work.

(3) “Journeyman plumber” means any person licensed under this chapter who installs plumbing and water treatment or heating specialties under the direction of a master plumber. A journeyman plumber may supervise an apprentice employed by a master plumber and under the master plumber’s direction. A journeyman plumber shall not act as a master plumber.

(4) “Apprentice plumber” means any person, employed by a master plumber or under the direction of a master plumber or a journeyman plumber, who is engaged in learning and assisting in the installation of plumbing and water treatment or heating specialties under an apprenticeship program properly registered with the Vermont Apprenticeship Council. An apprentice plumber shall be supervised on the job by either a master or a journeyman plumber.

(5) “Plumbing” is the art of installing pipes, fixtures, and other apparatus for bringing in the water supply and removing liquid and water carried wastes and drainage venting systems within or on any building or structure.

(6) “Board” means the Plumber’s Examining Board created under this chapter.

(7) “State plumbing inspector” means a master plumber or duly qualified employee of the Department designated to enforce the rules and regulations pursuant to this chapter.

(8) “Municipal inspector” means a plumbing inspector authorized to conduct municipal inspections pursuant to this chapter.

(9) “Specialist” means any person licensed under this chapter who performs work in connection with water treatment and heating, or both, or performs that work as a principal business or an auxiliary to a principal business for the person’s own account as designated on the person’s license.

(10) “Commissioner” means the Commissioner of Public Safety.

(11) “Legislative body” means the selectboard, the alderboard, city council, or board of trustees of a municipality or an incorporated village.

(12) “Work notice” means the notice required to be filed under this chapter by a licensee prior to commencement of work. (1959, No. 215, § 2, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 2; 2005, No. 8, § 10, eff. April 25, 2005.)

26 V.S.A. § 2173

§ 2173. Rules adopted by the Board

(a) The Plumber’s Examining Board may, pursuant to the Administrative Procedure Act, make and revise such plumbing rules as necessary for protection of the public health, except that no rule of the Board may require the installation or maintenance of a water heater at a minimum temperature. To the extent that a rule of the Board conflicts with this subsection or with 18 V.S.A. chapter 40, that rule shall be invalid and unenforceable. The rules shall be in effect in every city, village, and town having a public water system or public sewerage system and apply to all premises connected to the systems and all public buildings containing plumbing or water treatment and heating specialties whether they are connected to a public water or sewerage system. The local board of health and the Commissioner of Public Safety shall each have authority to enforce these rules. The rules shall be limited to minimum performance standards reasonably necessary for the protection of the public against accepted health hazards and shall be consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 V.S.A. chapter 74. The Board may, if it finds it practicable to do so, adopt the provisions of a nationally recognized plumbing code and as needed shall adopt a Vermont-specific amendment to the adopted code to ensure that it is consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 V.S.A. chapter 74.

(b) The Commissioner shall make rules and adopt procedures and priorities for inspections and enforcement. Installations regulated by the Board shall be inspected by a State plumbing inspector. The Commissioner may set priorities based on consideration of health risks to persons and property, type and size of the building, and the complexity and size of the installation or job.

(c) The Commissioner or any State plumbing inspector designated by the Commissioner shall have the authority to enter any premises in which an installation subject to the rules of the Board is being or has been installed, replaced, or repaired for the purpose of performing inspections necessary to carry out inspection responsibilities under this subchapter. If the owner or occupant of the premises refuses entry, the Commissioner may apply to any Superior Court to issue an order enforcing the right of entry. (Added 1959, No. 215, § 3, eff. June 2, 1959; amended 1979, No. 122 (Adj. Sess.), § 1; 1987, No. 268 (Adj. Sess.), § 6, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 3; 2005, No. 8, § 11, eff. April 25, 2005; 2007, No. 92 (Adj. Sess.), § 10a; 2017, No. 127 (Adj. Sess.), § 2; 2017, No. 139 (Adj. Sess.), § 7.)

26 V.S.A. § 2175

§ 2175. Work notice; fees; enforcement; appeals; penalties

(a) Work in installations subject to the rules of the Board shall not commence until a work notice has been received and validated by the Department of Public Safety. The following schedule of work notice fees shall be paid to the Commissioner or a designated representative prior to the validation of a work notice.

(1) For all plumbing work, identified as a priority for inspection and review under subsection 2173(b) of this title, the fee shall be:

(A) $10.00 for each plumbing fixture described as a washing machine, dishwasher, grease trap, oil interceptor, sand interceptor, sewage ejector pump, water closet, urinal, bidet, disposal, drinking fountain, water cooler, lavatory, bathtub, shower, sink, hose bib, floor drain, or similar device. The total shall not be less than $50.00.

(B) $15.00 for each plumbing fixture described as a water heater, hydronic heating unit, domestic hot water coil, or water treatment device.

(2) For all plumbing work, not identified as a priority for inspection and review under subsection 2173(b) of this title, the fee shall be $50.00.

(3) At the discretion of the Commissioner, whenever an owner or licensed plumber requests for the owner’s or licensed plumber’s benefit that an inspection be made outside the normal working hours, all fees payable by the owner under this section shall be paid in an amount twice that indicated under this section.

(b) If the Commissioner or designee finds a violation of the rules adopted under this chapter, the Commissioner or designee may:

(1) Order the owner of the premises in which the violation is found or the owner’s agent or the person performing the work to correct or remove the violation.

(2) Invalidate a work notice or issue a cease and desist order, or both.

(3) Order any public water and sewerage company or to any private party furnishing water to such installation not to connect or to disconnect water service or sewer service, or both, from all or a portion of the premises until the violation is removed or corrected.

(4) Order any company supplying fuel service to the premises to disconnect the fuel supply until the cited violation has been removed or corrected.

(5) Issue an administrative citation.

(6) Pursue any combination of options under this subsection.

(c) Any person aggrieved under this chapter may request the Commissioner to reconsider the refusal or order. A request for reconsideration shall be made in writing and filed with the Commissioner within 15 days after receipt of the written order or notice of refusal. Within 30 days of receipt of the request for reconsideration, the Commissioner shall review the refusal or order and shall issue an order amending, modifying, or affirming the original refusal or order. A person aggrieved by the Commissioner’s decision under this section may appeal to the Superior Court in the district in which the violation occurred. The court shall hear the matter de novo.

(d) The Commissioner may after notice and an opportunity for hearing, assess an administrative penalty of not more than $1,000.00 per violation against a person, licensed or unlicensed, who violates this chapter, or any order lawfully issued under this chapter. Penalties assessed shall be related to the severity of the violation.

(e) On application by the Commissioner, the Superior Court in the county in which a violation occurs may issue an order enjoining or restraining the violation. An election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner’s authority to assess an administrative penalty under subsection (d) of this section.

(f) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damages that results from the violation. (1959, No. 215, § 5, eff. June 2, 1959; amended 1969, No. 84, § 1, eff. April 18, 1969; 1979, No. 122 (Adj. Sess.), § 3; 1993, No. 176 (Adj. Sess.), § 5; 1999, No. 49, § 146; 2005, No. 8, § 13, eff. April 25, 2005; 2009, No. 134 (Adj. Sess.), § 7, eff. May 29, 2010.)

26 V.S.A. § 2181

§ 2181. Plumber’s Examining Board; membership; powers

(a) Creation. The Plumber’s Examining Board, within the Department of Public Safety, shall consist of five members, one of whom shall be the Commissioner of Public Safety or designee and one of whom shall represent the Commissioner of Health or designee. The remaining three members shall be appointed by the Governor with the advice and consent of the Senate. One of the appointive members shall be a master plumber, one shall be a journey plumber, and one shall be a public member not associated with the plumbing or heating trades.

(b) General authority. The Board shall have authority to examine and license master plumbers and journeyman plumbers and specialists and shall have the right to make reasonable rules.

(c) Disciplinary actions. Upon notice to the affected person and after a hearing, the Board may refuse to issue a license or may suspend or revoke a license or may take other disciplinary action against a licensee for any of the following reasons:

(1) fraud or deceit in obtaining a license;

(2) gross negligence, incompetency, misrepresentation, or misconduct by a licensee;

(3) violation by a licensee of the rules of the Department of Health, the Department of Public Safety, or the Board;

(4) failure to comply with a written notice issued under section 2173, 2174, or 2175 of this title.

(d) Military credentials. The Board may evaluate specific military credentials to determine equivalency to credentials within its jurisdiction. The determinations shall be adopted through written policy that shall be posted on the Board’s website.

(e) Foreign credential verification.

(1) The Commissioner shall adopt rules in consultation with the Board that prescribe a process for the Commissioner to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirements for plumbers.

(2) Any determination of equivalence by the Commissioner under this subsection shall be in consultation with the Board, recorded in the applicant’s licensing file, and binding upon the Board.

(3) In administering this subsection, the Board may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.

(f) Continuing education; sunset review.

(1) Not less than once every five years, the Board shall review plumbers’ continuing education or other continuing competency requirements. The review results shall be in writing and address the following:

(A) the renewal requirements of the profession;

(B) the renewal requirements in other jurisdictions, particularly in the Northeast region;

(D) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and

(E) recommendations to the Commissioner on whether the continuing education or other continuing competency requirements should be modified.

(2) The Commissioner shall respond to the Board within 45 days of its submitted review results. The Commissioner may require the Board to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule. (Added 1959, No. 215, § 7, eff. June 2, 1959; amended 1969, No. 84, § 2, eff. April 18, 1969; 1973, No. 267 (Adj. Sess.), § 5; 1979, No. 122 (Adj. Sess.), § 4; 1993, No. 176 (Adj. Sess.), § 7; 2005, No. 8, § 14, eff. April 25, 2005; 2019, No. 152 (Adj. Sess.), § 20, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 37, eff. July 1, 2021.)

26 V.S.A. § 2192a

§ 2192a. Limited licensure; specialists

(a) Any person who completes an application for a specialist’s license and documents successful completion of instruction, training, and experience in or out of the State acceptable to the Board and pays an examination fee to be determined by the Board based on the costs associated with administering the examination, shall be entitled to an examination. Upon successful completion of the examination and payment of a license fee, the applicant shall receive a specialist license in the form of a wallet-sized card. The license shall be carried by the licensee at all times while performing the licensee’s specialty and shall be displayed upon request. Upon request by the license holder, a specialist license suitable for framing shall be available for a fee. A specialist license shall indicate each specialty for which the licensee has been approved. A specialist license does not take the place of any other license required by law.

(b) Specialty fields include the following:

(1) Water Heater Specialist: Installation, replacement, and repair of any residential, industrial, or commercial domestic hot water supply tanks.

(2) Heating System Specialist: Installation, replacement, and repair of residential, industrial, or commercial hydronic space heating systems, including radiant, solar, and other types of hydronic system design. Any work on steam systems shall be limited to steam systems with operating pressure not to exceed 15 PSIG.

(3) Water Treatment Specialist: Installation, replacement, and repair of residential, industrial, or commercial potable water treatment and filtration equipment.

(c) A person duly licensed as a specialist under this section may perform specialty work, either as an employee or as an independent contractor only in connection with the specialty field designated on the person’s license. A specialty business may hire or employ only people licensed in the specialty of the business.

(d) A specialist may perform a supply connection to an existing water supply for test and related system operation, but at no time shall any specialist perform any plumbing or heating work that is not specified or permitted under the specialist’s license.

(e) Specialty classes shall be provided by the Department of Labor or others.

(f) The Commissioner shall adopt rules regarding work notices, inspection procedures, and priorities for each specialty. (Added 1993, No. 176 (Adj. Sess.), § 13; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)

26 V.S.A. § 904

§ 904. Type-S journeyman electrician

(a) To be eligible for licensure as a type-S journeyman an applicant shall:

(1) complete an accredited training and experience program recognized by the Board; or

(2) have had training and experience, within or without this State, acceptable to the Board; and

(3) pass an examination to the satisfaction of the Board in one or more of the following fields:

(A) automatic gas or oil heating;

(B) outdoor advertising;

(D) appliance and motor repairs;

(E) well pumps;

(F) farm equipment;

(G) any miscellaneous specified area of specialized competence.

(b) Upon successful completion of the examination and payment of the required fee for each field in which a license is to be issued, the applicant shall receive a license in the form of a wallet-size that which shall be carried at all times while performing his or her trade and shall be displayed upon request. Upon request of the licensee and upon payment of the required fee, the Board shall issue a license certificate suitable for framing. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1971, No. 42, § 3, eff. April 7, 1971; 1979, No. 121 (Adj. Sess.), § 6; 1987, No. 274 (Adj. Sess.), § 15.)

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)