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CHAPTER 43-18.1
WATER CONDITIONING CONTRACTORS AND INSTALLERS

43-18.1-01. Definitions. In this chapter, unless the context or subject matter otherwise requires:

1. "Board" means the state board of plumbing.

2. "Water conditioning contractor" means a person who plans and manages the installation and repair of water conditioning equipment, and in conjunction therewith sells or leases such equipment.

3. "Water conditioning installation and repair'' means the installation of appliances, appurtenances, and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical, or bacterial content, and the repair of such equipment, to a water distribution system. "Water conditioning installation and repair'' does not mean the exchange of such appliances, appurtenances, and fixtures when the plumbing system has previously been installed or adapted to or for such appliances, appurtenances, and fixtures, and no substantial change in such plumbing system is required.

4. "Water conditioning installer" means any person who is engaged in the practical installation and repair of water conditioning equipment.

43-18.1-02. Administration. All fees and money obtained by the board through the administration of this chapter must be used for the regulation of the business of water conditioning installation and repair, through the board, and all such fees and money are appropriated to the board for such purpose. This appropriation is a continuing appropriation of all such sums. The handling and administration of such fees and money must otherwise be in accordance with section 54-44-12.

43-18.1-03. Duties of the board. The board shall:

1. Enforce the provisions of this chapter.

2. Prescribe rules and regulations not inconsistent with the provisions of this chapter for the examination, regulation, and licensing of water conditioning contractors and water conditioning installers.

43-18.1-04. Licenses - Examination - Fees - Apprentices.

1. No person, firm, corporation, or limited liability company, except plumbers holding valid licenses pursuant to chapter 43-18, shall engage in the business of water conditioning contractor or water conditioning installer in any incorporated city of this state having a system of waterworks or sewage unless registered and licensed to do so by the board. Installation and repair of water conditioning equipment shall be done by the person holding a water conditioning installer's license.

2. The board shall hold not less than one public meeting per year for the purpose of examination of persons who may desire to become registered and licensed in the water conditioning business pursuant to this chapter. Notice and time of such examination shall otherwise be in accordance with section 43-18-12 and the examination provided for herein may be held in conjunction with the examination provided for in chapter 43-18.

3. Examination for licenses and registration shall be upon application as prescribed by the board and payment of the examination fee. Such fee shall be forty dollars and twenty dollars for registration and licensure as a water conditioning contractor and water conditioning installer, respectively. If the holder of an installer's license is also a contractor, the fee shall be forty dollars. The examination shall be as prescribed by the board but shall be limited to the installation and repair of water conditioning equipment as such relates to plumbing. The issuance of licenses and registrations hereunder shall be as prescribed by the board which shall be guided in such actions by the provisions of section 43-18-13.

4. An apprentice may be employed by any licensee under this chapter. When so employed the apprentice shall perform the apprentice's employment under the direct supervision of the licensee and when engaged in installation or repair pursuant to this chapter the apprentice shall be under the direct supervision of a licensed installer. Upon employment and termination of employment the name of the apprentice and the apprentice's employer shall be communicated to the board.

43-18.1-05. Temporary licenses - Issuance. The board, upon payment of the fees  provided in this chapter, shall issue special temporary permits to engage in water  conditioning installation and repair as provided in this chapter to those applicants who furnish sufficient proof that they were engaged in such business on January 1, 1973. Such special temporary permits are retroactive to January 1, 1973, and expire thirty days after the date the second examination as provided under section 43-18.1-04 is given, but no later than July 1, 197 4. The board may prescribe rules and regulations under which regular temporary permits may be issued which must be generally in accordance with section 43-18-15.

43-18.1-05.1. Conviction not bar to licensure - Exceptions. Conviction of an offense does not disqualify a person from licensure under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a water conditioning contractor, or that, following conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

43-18.1-06. Renewal of license and registration - Fee. Except for special temporary licenses as provided in this chapter, a license issued under this chapter is valid for only one year and expires on December thirty-first of the year in which it was issued. The license must be renewed by the board upon application made within thirty days after the expiration thereof and on the payment of the fees as provided in section 43-18.1-04.

43-18.1-07. Revocation of licenses. The board may revoke any license issued under the provisions of this chapter if the licensee has:

1. Committed an offense determined by the board to have a direct bearing upon a holder's ability to serve the public as a water conditioning contractor, or the board determines, following conviction of any offense, that a holder is not sufficiently rehabilitated under section 12.1-33-02.1;

2. Committed a fraud in obtaining the holder's certificate;

3. Permitted the use of the holder's license in violation of this chapter; or

4. Performed work or business in an incompetent manner.

43-18.1-08. Revocation - Hearing - Reinstatement. A license issued under the provisions of this chapter may be revoked only upon a charge in writing filed with the board and after a hearing thereon by the board. Such hearing must be conducted in accordance with the procedures set forth in section 43-18-19. Reinstatement of a license revoked under this chapter may be made in accordance with section 43-18-20.

43-18.1-09. Violations - Penalty. Any person that violates the state plumbing code adopted under section 43-18-09, violates subsection 1 of section 43-18.1-04, or works under the license of another person in a manner that is in violation of subsection 3 of section 43-18.1-04 is guilty of a class B misdemeanor.

CHAPTER 62-02-02
WATER CONDITIONING CONTRACTOR AND INSTALLER LICENSURE

62-02-02-01. Application for water conditioning installer or contractor license. No applicant shall be entitled to take the examination for either the water conditioning contractor or water conditioning installer's certificate and license unless and until the applicant furnishes to the board satisfactory evidence that the applicant possesses sufficient practical experience to enable the applicant to perform satisfactorily the duties of the classification for which the applicant has made application.

1. Applicants for a water conditioning installer's examination and license shall have had one year's experience as an apprentice water conditioning installer under a licensed water conditioning contractor. A one-year term of apprenticeship is defined as not less than one thousand nine hundred hours.

2. Applicants who are water conditioning installers in other states who desire to work in this state in localities where a state water conditioning installer's license is required may make application for a water conditioning installer's examination and license. Proof of such water conditioning installer's license from another state shall be vouched for as provided on the application blank furnished by the plumbing board.

3. Graduates of the plumbing course of an accredited trade school having at least a nine-month (one thousand twenty hours) course in plumbing shall be eligible to make application for a water conditioning installer's examination and license.

4. All applicants for a water conditioning contractor's license must be twenty-one years of age and must have had one year's (one thousand nine hundred hours) experience as a water conditioning installer licensed by the state of North Dakota or any other state that has a state licensing law. Proof of such water conditioning installer's license from another state shall be vouched for as provided on the application blank furnished by the plumbing board.

5. Applicants who are water conditioning contractors in other states who desire to work in this state in localities where a state water conditioning contractor's license is required may make application for a water conditioning contractor's examination and license. Proof of such water conditioning contractor's license from another state shall be vouched for as provided on the application blank furnished by the plumbing board.

6. All applications will expire and be canceled after a period of six months from date of approval if the applicant fails to appear for examination within the six-month period.

History: Amended effective October 1, 1989.
General Authority: NDCC 43-18.1-03
Law Implemented: NDCC 43-18.1-04

62-02-02-02. Examination fee for each examination. An applicant for examination shall be entitled to one examination only for each examination fee paid.

General Authority: NDCC 43-18.1-03
Law Implemented: NDCC 43-18.1-04

62·02-02-03. Examination subjects and passing grades. Examination for applicants desiring to become registered and licensed water conditioning contractors or water conditioning installers shall consist of answering questions pertaining to the basic principles of the code and questions which are based upon the code. The questions for water conditioning contractors and water conditioning . installers need not be the same. The passing grade for a water conditioning contractor shall be eighty percent, and the w~ter conditioning installer passing grade shall be seventy percent.

General Authority: NDCC 43-18.1-03
Law Implemented: NDCC 43-18.1-04

62-02-02-04. Reexamination. If an applicant failed to pass an examination, the applicant shall be denied the right to take another examination until at least six months shall have passed from the date of the applicant's last examination.

General Authority: NDCC 43-18.1-03
Law Implemented: NDCC 43-18.1-04

62-02-02-05. Reexamination of apprentice water conditioning installer. An apprentice water conditioning installer who has written and failed the water conditioning installer's examination must rewrite the examination at the end of the six-month period or work under the direct supervision of a licensed water conditioning contractor or water conditioning installer.

General Authority: NDCC 43-18.1-03
Law Implemented: NDCC 43-18.1-04

62-02-02-06. Water conditioning contractor - Renewal of installer and contractor certificate. The holder of a water conditioning contractor's certificate and license may renew the holder's water conditioning installer's certificate and license upon payment of the twenty dollar fee and during the same year may reinstate the holder's water conditioning contractor's certificate and license upon payment of an additional twenty dollars.

General Authority: N DCC 43-18.1-03
Law Implemented: NDCC 43-18.1-06

62-02-02-07. Renewal of expired license. No certificate and license need be renewed by the board later than one year subsequent to its expiration. The board may, in its discretion, require that a holder of a license which has been expired for one year or more submit to a new examination.

General Authority: N DCC 43-18.1-03
Law Implemented: NDCC 43-18.1-06

62-02-02-08. Issuance of water conditioning installer's certificate and license. The board issues a person a water conditioning installer's certificate and license upon and with the understanding that the holder thereof shall not engage in the business of installing water conditioners unless at all times a registered and licensed water conditioning contractor, who is responsible for the proper installation of the water conditioners, is in charge of such work.

General Authority: NDCC 43-18.1-03
Law Implemented: NDCC 43-18.1-04

62-02-02-09. Report of water conditioning equipment installation. It shall be the duty of water conditioning contractors to report to the plumbing board office all installations of water conditioning equipment in localities that do not enforce a permit and inspection program for the installation of water conditioning equipment.

General Authority: NDCC 43-18.1-03
Law Implemented: NDCC 43-18.1-03

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Water Conditioning Contractor, Installer or Apprentice License Application: Download