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S.63

AN ACT RELATING TO THE TRANSFER OF CERTAIN FUNCTIONS FROM THE DEPARTMENT OF LABOR AND INDUSTRY TO THE DEPARTMENT OF PUBLIC SAFETY

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  20 V.S.A. § 2681(a) is amended to read:

(a)  The commissioner of public safety shall be ex officio fire marshal.  The commissioner shall annually by January March 15 submit to the governor a detailed report.  A copy of this report shall be mailed to each fire department, paid or volunteer, in the state of Vermont.  Subject to the approval of the governor, the commissioner may appoint a deputy fire marshal and other necessary assistants who shall assist him or her as state fire marshal.

Sec. 2.  20 V.S.A. § 2739 is added to read:

§ 2739.  Inspection and licensing special fund

(a)  There is created the inspection and licensing special fund.  Fund revenues shall be from the following sources:

(1)  26 V.S.A. §§ 891-915, fees relating to the licensing of electricians;

(2)  26 V.S.A. §§ 2171-2198, fees relating to plumbing installation and inspection and relating to the licensing of plumbers.

(b)  The commissioner of finance and management may anticipate receipts to this fund and issue warrants based thereon.

Sec. 3.  20 V.S.A. § 3132(b) is amended to read:

(b)  The state fire marshal shall have power to adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals.  The state fire marshal shall compile an annual report of all injuries to person and property resulting from the use of fireworks and sparklers reported for the preceding fiscal year.  The state fire marshal shall annually by January March 15 submit a report to the house committee on general, housing and military affairs and the senate committee on economic development, housing and general affairs.

Sec. 4.  20 V.S.A. § 3154 is amended to read:

§ 3154.  EXECUTIVE DIRECTOR; POWERS AND DUTIES

(a)  Subject to the approval of the governor, the commissioner of public safety shall appoint an executive director a chief fire service training officer.  The commissioner shall seek the recommendation of the council before selecting an executive director a chief fire service training officer for the governor’s approval.  The director chief fire service training officer shall:

(1)  have administrative experience and be knowledgeable about matters relating to fire service.  The director shall;

(2)  be an exempt state employee; and

(3)  shall hold office at the pleasure of the commissioner.

(b)  The director chief fire service training officer shall have the following powers and duties which shall be exercised under the supervision of the director of fire safety and in accordance with rules adopted by the council:

* * *

Sec. 5.  20 V.S.A. § 3156 is amended to read:

§ 3156.  ADDITIONAL TRAINING

Nothing in this chapter shall prohibit any state, municipal, or county fire department or a privately organized fire department from requiring basic levels of training or additional fire service training which exceed the requirements of this chapter.  The executive director chief fire service training officer shall grant certificates of completion to firefighters who complete such training, provided that the course is approved by the council.

Sec. 6.  21 V.S.A. § 141(b) is amended to read:

(b)  For the purposes of this subchapter:

* * *

(3)  “Commissioner” means the commissioner of labor and industry public safety, or the commissioner’s designee.

* * *

(6)  “Department” means the department of labor and industry public safety.

* * *

(9)  “Public building” has the same meaning as that term is defined in section 251a of this title 2730 of Title 20.

* * *

Sec. 6a.  21 V.S.A. § 143 is amended to read:

§ 143.  LICENSE REQUIRED

No person shall erect, construct, wire, alter, replace, or maintain any conveyance located in any public building in this state unless the person is licensed as an elevator mechanic, except that person who is licensed as a lift mechanic may erect, construct, wire, alter, replace, or maintain any conveyance located in any public building.  An apprentice or helper may perform any of the activities described in this section only when a mechanic licensed under this chapter is physically present and is immediately available to direct and supervise that apprentice or helper.

Sec. 6b.  24 V.S.A. § 2792(a)(5) is amended to read:

§ 2792.  VERMONT DOWNTOWN DEVELOPMENT BOARD

(a)  A “Vermont downtown development board,” also referred to as the “state board,” is created to administer the provisions of this chapter.  The state board members shall be the following permanent members, or their designees:

* * *

(5)  The commissioner of labor and industry public safety;

* * *

Sec. 7.  20 V.S.A. § 1101 is amended to read:

§ 1101.  APPRENTICESHIP DIVISION AND COUNCIL

The apprenticeship division and state apprenticeship council, hereinafter referred to as the “council,” shall be located within the department of employment and training.  The commissioner of employment and training shall supervise the work of the division.  The council shall consist of ten members, four ex officio members and six members who shall be appointed by the governor.  Of the ex officio members, one shall be the commissioner of employment and training, one shall be the commissioner of labor and industry public safety, one shall be the director of career and lifelong learning within the department of education and one shall be the state director of the apprenticeship division who shall act as secretary of the council without vote.  Of the appointive members, three shall be persons who on account of previous vocation, employment, occupation, or affiliation can be classed as employers and three shall be persons who on account of previous vocation, employment, occupation, or affiliation can be classed as employees.  Appointment of the employer and the employee members shall be made for the term of three years except the employer and employee members first appointed shall be appointed for the term of one, two, and three years respectively.  The governor shall annually designate one member of the council as chair.

Sec. 8.  26 V.S.A. § 881(3) is amended to read:

(3)  “Complex structure” shall have the same meaning as the term “public building” as defined in 21 V.S.A. § 271(3) subdivision 2900(8) of Title 20.

Sec. 9.  26 V.S.A. § 901(b) is amended to read:

(b)  The board consists of the commissioner of labor and industry public safety or a member of that department designated by the commissioner and four persons appointed by the governor with the advice and consent of the senate.  The four appointed members shall serve for terms of three years, beginning July 1 in the year of appointment, and they shall include one licensed master electrician, one licensed journeyman electrician, one person associated with the public electrical utility industry who is knowledgeable in technical as well as operational issues of the electrical utility industry, and one person associated with the fire insurance industry.  No more than two appointed members’ terms shall expire in the same year.

Sec. 10.  26 V.S.A. § 2171(10) is amended to read:

(10)  “Commissioner” means the commissioner of labor and industry public safety.

Sec. 11.  26 V.S.A. § 2173(a) is amended to read:

(a)  The plumber’s examining board may, pursuant to the provisions of 3 V.S.A. chapter 25 (Administrative Procedure Act), make and revise such plumbing rules as necessary for protection of the public health.  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 or not they are connected to a public water or sewerage system.  The local board of health and the commissioner of labor and industry 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.  The board may, if it finds it practicable to do so, adopt the provisions of a nationally recognized plumbing code.

Sec. 12.  26 V.S.A. § 2174(e) is amended to read:

(e)  Municipal inspectors shall participate in training provided by the department of labor and industry public safety.  The department of labor and industry public safety shall also provide continuing consultation, review, and assistance to municipal inspectors.

Sec. 13.  26 V.S.A. § 2175(a) is amended to read:

(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 labor and industry 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.

* * *

Sec. 14.  26 V.S.A. § 2181 is amended to read:

§ 2181.  PLUMBER’S EXAMINING BOARD; MEMBERSHIP; POWERS

(a)  A plumber’s examining board, within the department of labor and industry public safety, hereinafter called “board,” shall consist of five members, one of whom shall be the commissioner of labor and industry 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.

* * *

(c)  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:

* * *

(3)  Violation by a licensee of the rules of the department of health, the department of labor and industry public safety, or the board.

* * *

Sec. 15.  26 V.S.A. § 2183 is amended to read:

§ 2183.  FEES; BOOKS AND RECORDS

All fees for examinations, licenses, and renewals shall be forwarded to the department of labor and industry public safety.  The board shall have free and unrestricted access to all books, notes, records, transcriptions, recordings, and other related data within the care of the department of labor and industry public safety.

Sec. 16.  26 V.S.A. § 2199 is amended to read:

§ 2199.  INSPECTIONS

The commissioner of labor and industry public safety or designee may inspect premises subject to the rules adopted under section 2173 of this title.

Sec. 17.  TRANSFER OF POSITIONS

(a)  The transfer of the following three positions from the department of labor and industry to the department of public safety is authorized:

(1)  1 chief of licensing and special investigations;

(2)  1 program services clerk;

(3)  1 chief plumbing inspector.

(b)  Notwithstanding any other provision of law to the contrary, the functions, authorities, and responsibilities of the licensing division and the plumbing inspection program of the department of labor and industry are transferred to the department of public safety.

Sec. 18.  REPEAL

9 V.S.A. chapter 85 (lightning rods, fire detection equipment, and systems) and 21 V.S.A. § 258 (inspection and licensing fund) are repealed.

Sec. 19.  EFFECTIVE DATE

This act shall take effect on April 1, 2005 or, should this act pass after that date, upon passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us