Number 15 July 28, 1975

Number 15 July 28, 1975 Mr. Irving J. Risi Board of State Examiners of Plumbers Leverett Saltonstall Building 100 Cambridge Street Boston, Massachusetts 02202 Dear Mr. Risi: Because of the recent increase in the construction of new water and sewage treatment plants, you have requested my opinion on the authority of the Board of Plumbing Examiners to issue rules and regulations for the con- struction, alteration, repair and inspection of said plants. The Board does not presently inspect or supervise any of the piping or fixtures located within or without the buildings which comprise the water pumping stations and water and sewage treatment plants, but believes that the public welfare may be in jeopardy by the absence of any supervision over the construction, alteration and repair of these buildings. My opinion is that any new rules or regulations in this area require compliance with G.L. c. 30A. The definition of plumbing, Uniform Plumbers Code at p. 23, and the subsequent interpretations by the Board are in accord with recognized defi- nitions found in Trade publications (Plumbing Dictionary, 1st Ed. 1971, American Society of Sanitary Engineering; National Plumbing Code Hand- book, 1st Ed. 1957) and with case law (See People v. Osborne, 269 N.Y.S. 409, 149 Misc. 676; Ex parte Nichols, 241 P. 399, 400; 74 Cal. App. 504). However, the supervision of piping and fitting in the buildings associated with water and sewage treatment plants has not, to date, been regulated by any state agency. The term "regulation" is defined in G.L. c. 30A, § 1 (5) to include "the whole or any part of every rule, regulation, standard or other requirement of general application and future effect, including amendment or repeal thereof, adopted by an agency to implement or interpret the law enforced or administered by . . ." Clearly, the interpretation of the word "plumbing" to encompass the activity you described is a "regulation." The procedures mandated by Chapter 30A for rule-making, including a public hearing, are particularly appropriate here. The area proposed to be regulated is technical and there may be disagreement among those in the various affected industries as to the necessity or appropriateness for such regulation by the Board. Chapter 142, § 13 requires that such rules and regulations shall be "reasonable, uniform, and based on generally accepted standards of plumbing practice . . . ." Further, G.L. c. 142, § 13 and § 21, 88 P.D. 12 the enabling statute for the promulgation of rules and regulations by the Board, requires approval by the Department of Public Health. Any opinion which attempts to define the Board's authority in this area would be premature and would require a difficult fact-finding process — a task deemed inappropriate for an Attorney General opinion. 1 Atty. Gen. Op. 273 (1895). I advise you, however, to follow the requirements of Chapter 30A, if you wish to initiate regulation in this area. Very truly yours, FRANCIS X. BELLOTTI Attorney General