• New Maryland Law Regarding Plumbing and HVACR Work on Prevailing Wage Projects in Maryland
  • May 8, 2012 | Author: Michael J. Pappas
  • Law Firm: Miles & Stockbridge P.C. - Baltimore Office
  • House Bill 1445  (EFFECTIVE October 1, 2012, passed on  April 4, 2012 [(House (136-1) Senate (46-0)])  prohibits the employment of  an individual that is not licensed by the Maryland Board of Plumbing, Baltimore County Plumbing Board or the Washington Suburban Sanitary Commission to perform plumbing services or the employment of an individual that is not licensed by the Maryland Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors to perform HVACR services on projects subject to the state Prevailing Wage Law.  In addition, HB1445 prohibits classifying a person performing plumbing services or HVACR service at a rate that is higher than their actual license classification on projects that are subject to the state Prevailing Wage Law.

    While there are no new penalties included in the new law, the penalties that were already in place for violating the plumbing licensure laws may apply.  These include $50 per day fines per violation, a misdemeanor violation and an additional penalty of up to $5,000 for each violation.  Similarly, violations of the HVACR portions of the new law likewise are unclear.  However, existing violations under the HVACR licensure law may apply, including penalties of up to $5,000 for each violation.

    In order to comply with this new law, contractors will have to provide the appropriate personnel to Prevailing Wage Projects with appropriate licenses for the particular classifications under which they will be performing tasks and will be paid.  For example, a contractor cannot send personnel licensed only as apprentices to a project and then classify them, and pay them, as journeymen.  Instead, the contractor would need to send licensed journeymen to perform journeymen work.

    It is anticipated that DLLR will compare prevailing wage reports to its licensure records in order to enforce this new law.  Based upon this new law, contractors will have to verify licensure statuses before sending individuals to work on public projects and accurately reflect the proper classification for the personnel on site in their prevailing wage reports.