PETITION OF:

SECTION 1. Section 45A of Chapter 146 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof the following new paragraph:-

No person shall operate or cause to be operated a refrigeration or air conditioning system, or any appurtenance thereof, excepting refrigeration or air conditioning systems in railway trains, motor vehicles, private residences, apartment houses of less than five apartments, refrigeration and air conditioning systems located on property under the jurisdiction of the United States government, refrigeration and air conditioning systems used exclusively for agricultural, horticultural or floricultural purposes, refrigeration and air conditioning systems having less than twenty tons capacity, and refrigeration and air conditioning systems that provide cooling for human comfort or process environment air conditioning and that meet all of the following criteria: (a) has a capacity of less than 100 horsepower, (b) is a totally enclosed, factory-assembled complete unit, (c) is pad- or skid-mounted, (d) is located in an area that is separate from the space it cools, or on the roof of a commercial or industrial property, (e) has a unit enclosure containing the motor, compressor, condenser, receiver and associated piping, controls and safety devices, and (f) has an evaporator that is contained within the unit or is in the air supply duct to the space the unit services, unless such system has been inspected by the division and a certificate of inspection issued therefor, or unless such system is insured by and subject to periodical inspection by a company authorized to insure pressure vessels in the commonwealth and a certificate of inspection has been issued therefor. All refrigeration and air conditioning systems requiring a certificate from the division shall be inspected at least once a year. Whoever owns or uses or causes to be used a refrigeration or air conditioning system requiring certification by the division shall, unless such system is insured as above described, report in writing to the chief the location of such system, and shall so report annually thereafter, but, if such system is so insured, shall report in writing to the chief whenever the insurance company ceases for any reason to make its inspection, or for any reason revokes or removes its certificate of inspection of the refrigeration or air conditioning system. If a refrigeration or air conditioning system is, in the opinion of a district engineering inspector of the division, in a dangerous condition, or does not comply with rules and regulations as hereinafter provided, he may issue an order prohibiting the operation of such system, whether or not it is subject to inspection by an insurance company, until a certificate of inspection has been issued by a district engineering inspector of the division for such system. The amounts of fees charged for each inspection made by the division under this section shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

The board shall adopt such rules and regulations in accordance with nationally recognized standards of engineering practice as are necessary to carry out the provisions of this section.

Whoever violates any provision of this section, or any rule made thereunder, shall be punished by a fine of not less than twenty nor more than three hundred dollars.