PETITION OF:

SECTION 1. Chapter 22 of the General Laws is hereby amended by adding the following section:—

Section 21. There shall be a bureau of floor finishers in the department of public safety. The bureau shall establish standards for wood floor finishing, including the training, examination and licensing of employees and owners of floor finishing businesses, and shall enforce sections 90 to 103, inclusive, of chapter 146.

The bureau shall consist of 11 members:- 6 ex-officio members, including the commissioner of public safety or his designee, as chairman, the chief of inspections or his designee, the fire marshal or his designee, the commissioner of environmental protection or his designee, the commissioner of public health or his designee, the director of labor or his designee, and 5 members appointed by the governor, at least 1 of whom shall be a representative of the public, 1 of whom shall be the owner of a floor finishing business for not less than 10 years, and 1 of whom shall be a floor finisher with a minimum of 10 years experience.

Members, except ex-officio members, shall serve 3-year terms. If a vacancy exists prior to the expiration of such member’s term, the governor shall appoint another to complete the term. No such person shall be appointed to serve more than 2 full 3-year terms.

Each member, except ex-officio members, shall be paid $50 for each day while engaged in the actual performance of his duties as such, not to exceed $750 in the aggregate in any fiscal year, and shall be reimbursed for all expenses necessarily incurred by him in connection with his official duties.

There shall be an executive secretary of the bureau who shall assist the members in their responsibilities. The commissioner may assign clerical, technical and other assistants required by the bureau.

SECTION 2. Section 96 of chapter 143 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:—

The specialized codes referred to in this section shall include, but not be limited to, the state plumbing code, electrical code, architectural barriers regulations, fire safety code, fire prevention regulations, elevator regulations, and floor finishing regulations.

SECTION 3. Chapter 146 of the General Laws is hereby amended by adding the following 13 sections:—

Section 90. As used in sections 90 to 103, inclusive, the following words shall have the following meanings:—

“Apprentice floor finisher”, a person employed by a master floor finisher to finish floors and who is not qualified as a journeyman or master floor finisher.

“Bureau”, the bureau of floor finishers, established by section 21 of chapter 22.

“Commissioner”, the commissioner of public safety, established by section 1 of said chapter 22.

“Floor finishing”, the sanding of a wood floor or the application of any liquid, polish, gel, or wax to the surface of a wood floor in order to coat, protect, polish, or alter the surface of the wood.

“Journeyman floor finisher”, a person employed to finish floors who has satisfactorily completed an apprentice training program certified by the bureau, who has passed an examination conducted by the bureau, and who is licensed by the bureau as a journeyman floor finisher.

“Master floor finisher”, a person who owns a floor finishing business, who is qualified as a journeyman floor finisher, who employs apprentice, journeyman or other master floor finishers, and who is licensed by the bureau as a master floor finisher.

Section 91. No person shall be employed as a floor finisher unless he is lawfully registered with the bureau as an apprentice floor finisher or licensed by the bureau as a journeyman or master floor finisher. An apprentice floor finisher shall only be employed by a master floor finisher. No person shall own a floor finishing business unless licensed by the bureau as a journeyman or master floor finisher.

Section 92. The bureau, in consultation with the advisory committee and consistent with the fire prevention regulations promulgated under section 10 of chapter 148, shall promulgate regulations, pursuant to chapter 30A, for floor finishing, the certification of training programs, the registration, examination and licensure of floor finishers, and other matters to effectuate the purposes of sections 90 to 103, inclusive, and section 21 of chapter 22.

Section 93. There shall be an advisory committee appointed by the commissioner that shall consist of representatives from the department of fire services, the division of occupational safety in the department of labor, the occupational health surveillance program in the department of public health, the department of environmental protection, the office of the attorney general, the floor finishing industry, labor groups representing floor finishers, non-profit organizations representing ethnic groups working as floor finishers and non-profit organizations with health, environmental and safety expertise related to floor finishing.

The committee shall meet a minimum of twice a year.

Section 94. The bureau shall provide for the registration of apprentice floor finishers, the certification of training programs, the examination of journeyman floor finishers, the licensure of journeymen and master floor finishers, and the biennial renewal of certification and licenses. The bureau shall determine the fees necessary for registration, certification, examination, initial licensure and biennial license renewal. The bureau may periodically require additional training of licensed floor finishers. Examinations shall be held in such cities and at such times as may be necessary.

Section 95. An apprentice floor finisher shall register with the bureau, be directly supervised by a journeyman or master floor finisher, and participate in a certified apprentice training program. A journeyman floor finisher shall have satisfactorily completed a certified apprentice training program, passed an examination conducted by the bureau and be licensed by the bureau. A master floor finisher shall be qualified as a journeyman floor finisher, be licensed by the bureau as a master floor finisher, and shall complete any additional training required by the bureau. A journeyman or master floor finisher shall renew his license biennially.

Section 96. An apprentice training program shall include hands-on training and instruction in licensing, permitting and other compliance requirements and in health, environmental and safety concerns related to the use of floor finishing practices, products and equipment. The program shall include evaluation measures and be designed to prepare apprentice floor finishers for the examination required of journeyman floor finishers. The bureau may impose additional requirements prior to certification of an apprentice training program. An apprentice training program shall renew its certification biennially.

Section 97. The bureau shall prepare a standard safety checklist to be posted at each floor finishing worksite. The checklist shall list conditions and actions required to protect health, safety, and property when floor finishing. An on-site floor finisher shall be designated by the owner of the floor finishing business to post the checklist in a publicly visible location and to complete the checklist. The designated floor finisher shall have the authority to suspend work if the provisions on the safety checklist are not met. The owner of the floor finishing business, the designated floor finisher, and all other on-site floor finishers shall sign the checklist for each worksite.

Section 98. Examinations, training programs and standard safety checklists shall be available in English. The bureau may require that examinations, training programs, and standard safety checklists be available in other languages.

Section 99. The bureau shall prepare for consumers a standard publication that includes information about licensing, permitting and other compliance requirements for floor finishing; about health, environmental and safety concerns related to the use of floor finishing practices, products and equipment; and about how to report violations and seek additional information. Prior to finalizing an agreement, the owner of the floor finishing business shall provide the consumer with the standard publication.

Section 100. The bureau or the department of fire services or local inspectors, under chapter 143, may issue an immediate cease work order if there is reason to believe that there is an immediate threat to public health or safety at a floor finishing worksite or any other serious violation as determined by the bureau.

Section 101. Registrations or licenses may be revoked or not renewed for failure to comply with sections 90 to 103, inclusive, incompetence or untrustworthiness of the floor finisher.

The commissioner or bureau may, after an adjudicatory proceeding, restrict, suspend or revoke any registration or license or certificate if there is reason to believe that the holder thereof is incompetent to be employed as a floor finisher or to train floor finishers, if the holder thereof has demonstrated untrustworthiness, or if the holder thereof has violated sections 90 to 103, inclusive.

The commissioner or bureau may immediately suspend without a hearing any registration or license issued to a floor finisher or certificate granted to a training program whenever the holder thereof gives the commissioner or bureau reason to believe that the holder poses an immediate threat to public health or safety. The floor finisher or program shall be entitled to a hearing before the commissioner or the bureau within 30 days of the immediate suspension. Upon such immediate suspension, the commissioner or bureau shall forthwith send written notice thereof to the floor finisher or program, including the time and place of the violation and the right to an adjudicatory proceeding under chapter 30A within 30 days. The commissioner or bureau may order the registration, license or certificate be delivered to the bureau.

Section 102. Any person employed as a floor finisher or owning a floor finishing business who violates sections 90 to 103, inclusive, shall be punished by a fine of not less than $200 nor more than $1,500 for each offense.

Section 103. The bureau shall annually report to the governor and to the general court, by filing the report with the clerks of the house of representatives and the senate, on the regulation of floor finishing, including the number of registrations, licenses and certificates issued by the bureau, the number and type of violations committed, levels of compliance and any related policy recommendations.

SECTION 4. Any person employed as a floor finisher for more than 3 years or engaged in the business of floor finishing for more than 4 years prior to January 1, 2008 may be granted a license as a journeyman or master floor finisher, respectively, without taking the examination required under section 95 of chapter 146. Such persons shall be required to complete a training program approved by the bureau of floor finishing.

SECTION 5. The bureau shall report to the governor and to the general court, by filing the report with the clerks of the house of representatives and the senate, on the implementation of this act no later than January 1, 2010.

SECTION 6. Notwithstanding withstanding any general or special law to the contrary, the governor shall designate his initial appointees to the bureau of floor finishers, established by section 21 of chapter 22 of the General Laws, as follows: 3 shall serve for 2 years and 2 shall serve for 3 years. Members initially appointed to serve 2-year terms may be appointed to serve 2 additional terms, consistent with said section 21 of said chapter 22.

SECTION 7. This act shall take effect on January 1, 2008.