Could a Kentucky journeyman plumber repair pipes without a master plumber's supervision in 1999?

Plain-English summary

A Kentucky plumbing trade group asked whether a licensed journeyman could do plumbing work independently. The Attorney General concluded that a journeyman needed the supervision and direction of a licensed master plumber even for repair work. The opinion read the statutory definition of a journeyman as covering installation, maintenance, repair, and other work under a master's responsibility.

The opinion distinguished a different statutory exception for someone employed or acting as a maintenance worker. That exception allowed relatively minor repairs without a master plumber's supervision, but did not authorize the worker to alter existing plumbing. An apprentice could assist a journeyman or master plumber, but could not invoke the maintenance exception while working as an apprentice.

Currency note

This opinion was issued in 1999. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could a journeyman plumber repair plumbing alone in Kentucky under this opinion? A: No. The Attorney General read the journeyman definition to require a licensed master plumber's supervision and direction for repairs as well as installation and alteration.

Q: Why did the opinion allow an unsupervised maintenance worker to make some repairs? A: Kentucky's plumbing chapter then excluded a person employed or acting as a maintenance worker. The opinion limited that exception to relatively minor repairs and did not extend it to alterations.

Q: Could an apprentice do a repair alone by calling it maintenance?
A: The opinion said an apprentice could only assist a licensed journeyman or master plumber. It distinguished the person's status as an apprentice from work performed under the separate maintenance-worker exception.

Q: Could a homeowner work on plumbing in their own residence?
A: The opinion recognized a homeowner exception for the person's own residence and said a homeowner could install or alter plumbing there without a master plumber's supervision.

Background and statutory framework

The opinion treated KRS 318.010(2)'s definition of "journeyman plumber" as controlling because it expressly required master-plumber supervision for repair and maintenance. It rejected an argument based on an installation-permit regulation that mentioned supervision for construction, installation, and alteration but not repairs. The regulation concerned permits, which the opinion said were not required for repairs; silence there did not override the statute. The opinion separately discussed the homeowner and maintenance-worker exceptions.

Citations and references

Statutes: KRS 318.010(2); KRS 318.020(2); KRS 318.030.

Source

• Landing page: https://kdla.access.preservica.com/uncategorized/IO_7f7ab21a-5819-4349-ae32-c524c8882580/
• Original PDF: https://kdla.access.preservica.com/download/file/IO_7f7ab21a-5819-4349-ae32-c524c8882580

Original opinion text

OAG 99-3
February 22, 1999
Subject:

Plumbers and Plumbing

Requested by:

Ervin Klein

Written by:

Stuart W. Cobb

Syllabus:

Apprentices and licensed journeyman plumbers cannot repair plumbing except under the supervision of licensed master plumbers.

Statutes construed:
OAGs cited:

KRS 318.010, KRS 318.020, KRS 318.030

82-391

Opinion of the Attorney General
Ervin Klein, President of Kentucky Association of Plumbing Heating-Cooling Contractors, Inc. wrote to request an opinion of the Attorney General as to what kind of plumbing work required a license. In response to a request from this office for clarification, Mr. Klein seemed to indicate that his primary concern was the issue of whether a licensed journeyman plumber can do any plumbing work unless under the supervision of a licensed master plumber. He stated, “We would assume that a person with a Journeyman license could only perform or offer to perform plumbing work of any kind (Maintenance, repair or new construction) under the supervision of a person who holds a Master plumbing license.” It is the opinion of the Attorney General that Mr. Klein is correct.

OAG 99-3
Page 2

In general, only licensed plumbers can engage in plumbing. 1
However, there are exceptions to this general provision. First, homeowners may install plumbing in their personal residences pursuant to 815 KAR 20:050 Section 1(3) since they are not engaged in the practice of plumbing pursuant to KRS 318.020(4). See OAG 82-391. Second, apprentices may assist journeyman plumbers and master plumbers pursuant to KRS 318.010(7) and KRS 318.020(1). Finally, “plumbing” is defined by KRS 318.010(4) 2 as the installation of plumbing. Plumbing can be repaired by anyone who is employed or who acts as a maintenance man for the purpose of maintaining and repairing plumbing pursuant to KRS 318.010(6) 3 and KRS 318.020(2) 4. However, the maintenance man exception only applies to relatively minor repairs. Only licensed journeyman plumbers, licensed master plumbers, and homeowners working on their own residence are authorized to make alterations to existing plumbing. Though maintenance men can perform unsupervised repair work, licensed journeyman plumbers cannot. KRS 318.010(2) defines “journeyman plumber” as:
[A] person who engages or offers to engage, either as an
occupation or otherwise, in the construction, installation, alteration, maintenance, repair, remodeling or removal, and replace-

1

“KRS 318.030. License required. 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.” 2

“’Plumbing’ means the art of installing in buildings the pipes for distributing the

water supply, the fixtures for using water and drainage pipes for removing waste water and sewage, together with fittings, appurtenances, and appliances of various kinds, all within or adjacent to the building . . . .” 3

“’maintenance man’ means a person employed to maintain and keep plumbing in

good repair.”
4

“This chapter shall not apply to anyone who is employed or acts as a maintenance

man.”

OAG 99-3
Page 3

ment of plumbing under the supervision, direction and responsibility of a master plumber. Emphasis added. Licensed journeyman plumbers may object that 815 KAR 20:050 Section 1(2) only requires them to work under the supervision of a licensed master plumber to construct, install or alter plumbing, sewerage or drainage. However, the plumbing regulations do not authorize journeyman plumbers to do repairs without supervision, whereas KRS 318.010(2) clearly requires supervision by a licensed master plumber. In addition, 815 KAR 20:050 deals with the subject of installation permits, which are not required for repairs, therefore there is no reason for it to address repair work. The mere failure of the regulations to address whether journeymen plumbers need supervision for repairs is of no significance when the statute expressly requires supervision. The General Assembly’s intent appears to be that if a person repairs his own plumbing or hires a “maintenance man” to repair it, he knows the work is not being done by a qualified plumber. However, a person who hires a plumber to repair his plumbing is entitled to have the work done by, or under the supervision of, a fully qualified plumber. The General Assembly determined that the only persons who are qualified to call themselves plumbers and work on plumbing without supervision are licensed master plumbers, and journeyman plumbers are only to work on plumbing under the supervision and direction of licensed master plumbers. The same logic applies to apprentices. A person holding himself out as an apprentice to a plumber is prohibited by KRS 318.010(7) and KRS 318.020(1) from doing more than assisting a licensed journeyman or master plumber, even though he could legally repair plumbing without supervision if he were employed as a maintenance man rather than an apprentice. In conclusion, only licensed master plumbers and homeowners working on their own residence can legally install plumbing or alter existing plumbing without supervision. Anyone employed or acting as a maintenance man can repair plumbing, however a licensed journey-

OAG 99-3
Page 4

man plumber cannot do any work on plumbing unless he is being supervised and directed by a licensed master plumber, and apprentices can only assist journeyman plumbers and master plumbers. Albert B. Chandler, III Attorney General

Stuart W. Cobb
Assistant Attorney General