Requires persons engaged in the installation, improvement, repair and maintenance of medical gas piping or the instruction thereof to be licensed by the department of state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5644
SPONSOR: Englebright TITLE OF BILL: An act to amend the general business law, in relation
to requiring master plumbers engaged in the installation, repair or
maintenance of medical gas piping or engaged in the instruction to be
licensed by the department of state
PURPOSE OR GENERAL IDEA OF THE BILL: requires persons engaged in the
installation, improvement, repair and maintenance of medical gas piping
or the instruction thereof to be licensed.
SUMMARY OF PROVISIONS:: 1) Defines department, medical gas piping, and
secretary. 2) License required. No person shall engage in installation,
improvement, repair or maintenance unless issues a license. No person
shall provide instruction regarding installation, improvement, repair or
maintenance unless issued a license. 3) Powers of the secretary of
state. 4) License; medical gas piping installation and maintenance. 5)
License; medical gas piping instruction. 6) Violations. 7) Transition
provisions.
JUSTIFICATION:: New York State has a very vast array of villages,
towns, counties and cities that have differing requirements for the
installation of medical gas systems. Some require a licensed master
plumber, some require a permit, some require a certification report
after completion and some require nothing at all. Where a master
plumber's license is required, installers work under the license of the
owner and are not required to be trained nor certified to install these
systems.
The master plumber's license covers the owner and company for the
installation of water, waste and vent piping and fixtures. Suffolk Coun-
ty has medical gas listed under this license but practically speaking
there is no formal education or instruction for medical gas systems
installed anywhere in the training syllabus. Every licensed plumber that
we have met has confirmed that they never learned anything about medical
gas system installation or the equipment that is installed or tested.
The current situation is that by law, a licensed plumber is allowed to
do the work regardless of experience or training, but anyone trained,
experienced and credentialed cannot do the work without a license. This
additional license will help resolve this issue as well as help ensure
that the work being done on these safety systems is done safely and
correctly.
NFPA 99 Standard for Health Care Facilities is the code that is followed
for the installation of medical gas systems in healthcare facilities.
The 2002 and 2005 editions have mandated that installers comply with the
requirements of ANSI ASSE Standard 6000, specifically ASSE 6010 Profes-
sional Qualification Standards for a Medical Gas System Installer. Prior
editions had mandated that "The installation of medical gas systems be
made by qualified, competent technicians who are experienced in making
such installations." National Inspection & Testing Corporation (NITC) is
a nationally recognized third party testing company that provides a
multitude of certifications from master plumber, electrician, steamfit-
ter, HVAC, etc. The medical gas installer course has a prerequisite of
four years of piping experience. It is a 32 hour course on medical gas
system codes and requirements including hands on brazing of medical gas
piping.
This legislation would allow oversight of the "loophole" and be a fair
way to reduce the risk of a tragedy while not causing anyone to be
unable to perform this work. Any licensed plumber would simply be
required to take the 32 hour course and attain the medical gas certif-
ication. The cost is relatively minimal and the cost for licensing is
also expected to be negligible too. The expectation is that there would
be approximately several hundred individuals that would need to obtain
the training and licensing statewide which would also add some addi-
tional revenue to the state as well.
Additionally, the new code allows for installation of these systems by
welding or by using a "swaging" process that any properly trained
mechanical person can perform. Since there are significant areas
throughout the state that use open shop labor, this will allow for a
method to control the installation of these life safety systems to the
qualified, competent trained individuals that are actually installing
these systems, not just cover the business owner who typically runs the
business and does not perform the physical work. On the union side,
they provide this credential through their class, but again not every
installer has this when working a medical gas job since there is no
oversight due to the only requirement being the licensed master plumber
business owner.
The union credential could be approved by the state as sufficient to
satisfy the requirement, or use the nationally recognized third party
testing company and be 100% certain of compliance and reap the addi-
tional revenues for the state.
LEGISLATIVE HISTORY: 2007-08 A9888 referred to economic development
2009-10 A5417 referred to economic development 2011-12 A4612 economic
development
FISCAL IMPLICATIONS:: None.
EFFECTIVE DATE:: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.
