|(a) The Director of Enforcement will review a complaint
submitted in accordance with §367.13 of this title (relating
to Filing Complaints) to determine whether the Board has jurisdiction.
(b) If it is determined that a complaint is within
the Board's jurisdiction the Director of Enforcement will:
(1) assign a complaint number;
(2) assign an investigation priority number; and
(3) appoint a Field Representative to investigate the
(c) If it is determined that a complaint is not within
the Board's jurisdiction, the Director of Enforcement will notify
the complainant of that determination, in writing.
(d) The investigation priority number for purposes
of subsection (b)(2) of this section will range from Priority 1 to
Priority 3, with a lower number indicating a more serious violation
deserving of investigation before investigation of matters with a
higher number, determined as follows:
(1) Priority 1 - Complaints alleging bodily injury
or the imminent threat of harm to the public's health, safety or economic
welfare, or the environment. The following matters will be classified
as Priority 1:
(A) Combustible fuel gases. Complaints alleging or
involving combustible fuel gases, such as improperly installed fuel
gas lines, fuel-gas-fired appliances or water heaters, gas leaks,
explosions, or unlicensed, unsupervised or unpermitted plumbing work
involving combustible fuel gas which has not otherwise been subjected
to and passed an inspection by a Plumbing Inspector;
(B) Medical gas. Complaints alleging or involving improperly
installed, or unpermitted medical gas plumbing, or unlicensed, unsupervised
or un-credentialed individuals installing medical gas plumbing which
has not otherwise been subjected to and passed an inspection by a
(C) Contamination of potable water; illness or disease.
Complaints alleging or involving cross-connections or other incursions
of sewage or substances of unknown origin into the potable water supply.
Complaints alleging or involving illness or disease attributable to
a plumbing system or suspected of being transmitted by a plumbing
(D) Uninhabitable primary residence or business. Complaints
alleging or describing the ongoing substantial impairment of the enjoyable
use of a building used as a primary residence or the facility of a
business and used for its day-to-day operations, due to the plumbing
system, and arising from the alleged violation;
(E) Major environmental spills. Complaints alleging
substantial release of effluent from a plumbing system and contamination
or threatened contamination of a freshwater body; and
(F) Habitual offender. Complaints alleging a violation
by a person having a recent history of past violations and for whom
expedient injunctive relief may be required to obtain compliance.
(2) Priority 2 - Complaints which allege the occurrence
of economic damages, but not bodily injury, and that do not allege
an ongoing condition which poses an imminent threat of harm to the
public's health, safety or economic welfare, or the environment. The
following matters in particular will be classified as Priority 2:
(A) Harmful condition resolved. Complaints alleging
a harmful condition of a plumbing system that, at one time, may have
posed the threat of bodily injury or economic harm, and may have actually
caused economic harm, but has since been resolved, typically by the
alleged offender, or a subsequent plumber who remedied the potentially
(B) Economic injury only, with no ongoing threat of
harm. Complaints alleging economic harm, but not bodily injury, and
for which the nature of the violation never posed the threat of such
bodily injury; and, which no longer poses an imminent threat of further
economic harm. For example, evading responsibility to a client (thereby
requiring the consumer to obtain replacement services), misrepresentation
of services provided, general dissatisfaction with workmanship but
not affecting the function of the plumbing system, improper billing
practices, or the improper retention of money or materials;
(C) Unlicensed work inspected by a Plumbing Inspector.
Complaints alleging unlicensed plumbing work for which a plumbing
permit is nevertheless obtained and passes an inspection by a Plumbing
Inspector, indicating the plumbing system is reasonably safe for use;
(D) Unsupervised work by a registrant, without inspection.
Complaints alleging plumbing work performed by a Plumber's Apprentice
that was performed without the requisite level of supervision, and
has not otherwise been subjected to and passed an inspection by a
(E) Failure to obtain plumbing permit by a licensee.
Complaints alleging work performed by a licensee fit to perform the
work but for which a plumbing permit was not obtained as required
by the local authority having jurisdiction, and a plumbing inspection
never conducted to ensure compliance with applicable plumbing codes;
(F) Requests from local authorities or for interagency
assistance. Complaints made by, or requests for assistance from, a
local authority having jurisdiction such as a Plumbing Inspector or
building official on behalf of a municipality or utility district,
a Fire Marshall, or another representative of a governmental unit.
(3) Priority 3 - Complaints not classified as Priority
1 or Priority 2 will be classified as Priority 3. The following matters
in particular will be classified as Priority 3:
(A) Unsupervised work by a registrant, with inspection.
Complaints alleging work performed by a Plumber's Apprentice that
was performed without requisite supervision, but was subjected to
and passed an inspection by a Plumbing Inspector;
(B) Late permit by a licensee. Complaints alleging
work performed by a licensee who failed to timely obtain a permit,
but which was thereafter permitted and inspected by a Plumbing Inspector;
(C) No proof of violation. Complaints alleging a violation
within the Board's jurisdiction but that fail to allege a factual
basis for the alleged violation or otherwise indicate an inability
to obtain credible evidence to support the alleged violation; and
(D) Class B Violations. Any matter alleging only a
violation which is classified as a Class B violation for purposes
of the Board's penalty schedule, adopted by Board Rule §367.17
of this title.
(4) A complaint alleging multiple violations will be
assigned the lowest applicable investigation priority number.
(5) The Director of Enforcement may conduct an initial
investigation of the complaint for purposes of determining the appropriate
investigation priority number, prior to appointing a Field Representative
to formally investigate the matter.
(6) The Director of Enforcement may re-classify the
complaint and assign a different investigation priority number at
any time within their sole discretion, when investigation of the complaint
indicates it should be reassigned, either as a higher priority, or
a lower priority, in accordance with the criteria set forth in subsection
(d) of this section.