Request By:
Mr. Scott Baird, President
Owensboro Association of Plumbing
Contractors, Inc.
1911 Old Henderson Road
Owensboro, Kentucky 42301
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: William L. Davis, Assistant Attorney General
This is in response to your letter of June 17. In order to adequately respond to said letter, we need to set forth the following from it:
As president of the Owensboro Association of Plumbing Contractors I have been instructed to request your opinion on three matters relating to KRS 318.
1. Whether 815 KAR 20:050 Installation permits, Subsection (3) is consistent and not in conflict with KRS 318.030 License requirements.
KRS 318.030 requires a license to install plumbing; 815 KAR 20:050 Subsection (3) allows homeowners to install plumbing.
2. We feel 815 KAR 20:050 Subsection (3)(d) is unenforceable. This section allows homeowners to do their own plumbing after being issued a permit. A very high percentage of this work is done by unlicensed plumbers hired by the homeowner. Most of this work is done at night, weekends, and when the plumbing inspectors are out of the county.
When the plumbing inspector makes an investigation and finds an unlicensed plumber on the job the unlicensed plumber discontinues work. He tells the inspector he is advising the homeowner and not actually doing any work. The owner who realizes he is also in violation can usually get other witnesses to agree with their story.
We are aware of several cases where summons have been taken by plumbing inspectors against unlicensed plumbers and/or homeowners; in these cases we do not know of one conviction concerning homeowner permits. They are dismissed because of insufficient evidence.
We have talked to plumbing contractors throughout the state. This problem is state-wide.
3. 815 KAR 20.050 Subsection (3) Permits to construct, install, or alter plumbing, sewerage or drainage may be issued to homeowners who desire to install plumbing in homes actually occupied by them.
We feel that the key word is occupied. This was intended to apply to a dwelling actually owned and occupied by the person making application at the time the plumbing application is made and not to a residence that is to be constructed and occupied by the applicant at some future date.
In the beginning it was the intent that a homeowner that had an existing home occupied by him would be able to have indoor plumbing. At that time and under those conditions there was no objection.
It has now reached the point where much of the plumbing in new homes throughout the state is being done by unlicensed plumbers. KRS 20:050 Subsection (3) is being used as a means of circumventing the law with this regulation the licensing section of the law KRS 318.030 can not be enforced.
Additionally, it will be necessary to note from the outset three basic principles of statutory construction before responding to your inquiries. First, the cardinal rule of statutory construction is that the intention of the legislature should be ascertained and given effect.
Fiscal Court Commissioners of Jefferson County v. Jefferson County Judge/Executive, Ky.App., 614 S.W.2d 954, 957 (1981). Second, the primary rule in determining the intent of the legislature is to ascertain the intention from the words employed in enacting the statute.
Kentucky Association of Chiropractors, Inc. v. Jefferson County Medical Society, Ky., 549 S.W.2d 817, 821 (1977). Third, a statute must not be interpreted so as to bring about an absurd or unreasonable result.
George v. Alcoholic Beverage Control Board, Ky., 421 S.W.2d 569, 571 (1967);
Pewee Valley Fire Protection Dist. v. South Oldham Fire Protection District, Ky. App., 570 S.W.2d 290, 292 (1978).
Turning our attention to the matter you submitted, we must read KRS 318.020(4) in conjunction with KRS 318.030 to determine if 815 KAR 20:050 Section 1(3) conflicts with KRS 318.030. KRS 318.020(4) states: "The provisions of this chapter relating to the licensure of plumbers shall apply to all persons engaged in the practice of plumbing. " KRS 318.030 states:
No person shall engage in plumbing or engage in or work at the trade of plumbing:
(1) Unless he is the holder of a valid and effective master plumber's license duly issued by the department in accordance with the provisions of this chapter; or
(2) Unless he is the holder of a valid and effective journeyman plumber's license duly issued by the department in accordance with the provisions of this chapter.
And, 815 KAR 20:050 Section 1 states:
Issuance of permits. (1) Except as otherwise provided by subsection (3) of this section, permits to construct, install or alter plumbing, sewerage or drainage shall be issued only to licensed master plumbers.
(2) Journeyman plumbers shall not constuct, install or alter plumbing, sewerage or drainage except when the work is done under the supervision of a licensed master plumber.
(3) Permits to construct, install or alter plumbing, sewerage or drainage may be issued to homeowners who desire to install plumbing in homes actually occupied by them provided:
(a) Application is made for the permit prior to the beginning of the work;
(b) All work is performed in compliance with the state plumbing law and code and the rules and regulations thereunder promulgated;
(c) The work is not performed for monetary gain;
(d) All the work is personally performed by the owner and he does not employ any other person to assist him.
(4) No permit shall be required for the repairing of leaks, cocks, valves, or for cleaning out waste or sewer pipes.
It appears, based upon the language of KRS 318.020(4), that the legislature did not intend to require homeowners to have a license to install plumbing in their own homes. Therefore, it is the opinion of this office that 815 KAR 20:050 Section 1(3) is consistent with the intent of the legislature on the issue of licensure.
However, 815 KAR 20:050 Section 1(3) precludes the homeowner from employing any other person to assist him and only allows permits to be issued to homeowners who desire to install plumbing in homes actually occupied by them. We agree with your conclusion that the key word here is "occupied. " It is the opinion of this office that the above-cited regulation was intended to apply to a dwelling actually owned and occupied by the person making application for the permit at the time the application is made, and not to a residence that is to be constructed and occupied by the applicant at some future date.
Please feel free to contact this office if you have any questions.