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An Act RELATIVE TO THE LICENSING OF SHEET METAL WORKERS AND SHEET METAL CONTRACTORS |
Be it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Chapter 13 of the General Laws is hereby amended by inserting at the end thereof the following new section:-
Section 101. There shall be a board of state examiners of sheet metal workers, in sections 102, 103, and 104 called the board, to consist of seven members who shall be residents of the commonwealth and citizens of the United States, one of whom shall be the commissioner of public health or his designee, one of whom shall be the commissioner of public safety or his designee and five persons to be appointed by the governor, two whom shall be a journeyperson sheet metal worker with at least 10 years of practical experience and who is a wage earner, two one of whom shall be sheet metal contractor with at least 10 years of practical experience in the design, fabrication, and installation of air handling systems, including ductwork, one of whom shall be a representative of the public subject to the provisions of section 9B. The board of state sheet metal workers shall establish the requirements for licensure, fees, continuing education, and standards for the licensure, and professional and ethical conduct in accordance with the provisions of this chapter, shall authorize and conduct appropriate examinations to determine the qualifications of applicants to be licensed, which shall include setting reasonable fees for the examination, and grant licenses to who applicants qualify under this chapter and chapter 112 and met the requirements of the board’s rules and regulations. The governor shall designate the chairperson of the board, and may, at any time, change such designation.
Section 102. Upon the expiration of the term of a member, his successor shall be appointed for a term of three years. No member of the board who has served a full three year term shall be reappointed to succeed himself. As the term of the office of a member expires, his successor shall be appointed in like manner for a term of three years. The governor may also fill any vacancy in the board for the unexpired portion of the term.
Section 103. The members of the board shall serve without compensation; provided, however, that each member shall be reimbursed for actual expenses reasonably incurred in the performance of duties as a member or on behalf of the board
Section 104. The board shall hold meetings at such times and places as they may designate.
SECTION 2. Chapter 112 of the General Laws is hereby amended by adding at the end thereof the following new sections:-
Section 237. As used in this section and sections 237 to 250, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:
“Examiners”, the board of state examiners of sheet metal workers, established under section 101 of chapter thirteen.”
“Journeyperson sheet metal worker”, any person who has completed a 5 year apprentice program or who has 5 years of experience performing sheet metal work as described in section 238, and who has passed an examination and been issued a license as provided in this chapter.”
“Sheet metal worker apprentice”, any person at least 18 years of age who is learning or working at the business of sheet metal work under the direct supervision of a sheet metal contractor or journeyperson sheet metal worker and under a registered, apprentice program approved by the board.
“Sheet metal contractor”, a person having a regular place of business and who, by himself or a journeyperson sheet metal worker in his employ, performs sheet metal work.”
“Veteran”, as defined under clause forty-third of section 7 of chapter 4.
Section 238. No person shall engage to work as a journeyperson sheet metalworker nor shall any person advertise or represent in any form or matter that he is a journeyperson sheet metalworker unless that person possesses and carries on his person a valid license issued by the board as provided in this chapter and carry said license at all times when engaged in the business and practice of sheet metal work. A license is required for the manufacturing, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, alteration, repairing, and servicing of all ferrous or non-ferrous metal work and all other materials in lieu thereof and all air-veyor systems and including, but not limited, to air handling systems regardless of the material used, including specifically the handling, fabricating, setting, installation, assembling, dismantling, adjustment, alteration, reconditioning, repairing of all ductwork; installation of fans, sheaves, belt guards, dampers, louvers, screens, registers, grilles, diffusers, sound traps, attenuators, mixing boxes, access doors related to air handling systems, breaching, hoods, and any and all appurtenances relating to a H.V.A.C and exhaust system, architectural sheet metal work, including flashings, which are “through-wall”, gutters, downspouts, coping, fascia, metal roofing, soffits, and other appurtenances relating to the sheet metal industry, the testing, adjusting, and balancing of all air-handling equipment and ductwork, the fabrication and installation of kitchen hoods, kitchen vents, bathroom exhaust vents, fans, stainless steel counter tops, and commercial kitchen equipment installed in buildings accessible to the public, which includes but is not limited to hotels, restaurants, hospitals, educational facilities, office buildings, and retail stores; and provided that said regulations shall not be in conflict with work conducted by a licensed pipe fitter or gasfitter under chapter 13, chapter 142 and chapter 146.
Section 239. No corporation, firm, association, or partnership shall engage in business, advertise, make application for and take out permits, bid for work, or represent itself as a sheet metal contractor unless a licensed sheet metal contractor, as provided in this chapter, is continuously engaged in the supervision of such entity’s installation, maintenance, and repair of ductwork and such licensed contractor is an officer of such corporation, a partner in such partnership, or a similarly authorized principal of any such firm, association, or other entity, or said entity shall possess a valid sheet metal contractor’s license, as applicable, duly issued by the board as further described in chapter 13 and this chapter. No corporation, firm, association, partnership, or other entity which engages in, offers to engage in, or represents that it engages in air distribution systems installation, maintenance, or repair ductwork in the commonwealth shall be permitted to incorporate, form, qualify to do business, or otherwise register with the secretary of state’s office until and unless that office shall have first received a written confirmation from the board that all requisite licenses to be issued have been so issued and remain in good standing. Upon a person’s application of any of the above entities in form and substance prescribed by the board and this chapter, and receipt of the fee for such application and license which shall be equal to the fee for a sheet metal contractor’s license, as the same may be amended from time to time, the board shall issue the applicant entity a license as a sheet metal contractor, as applicable. Such contractor’s license shall specify the name of the entity holding the license and shall state that such license holder shall have a licensed sheet metal contractor, who shall be continuously engaged in the supervision of such entity’s installation, maintenance, and repair ductwork, and who shall be an officer of such corporation, a partner in such partnership, or a similarly authorized principal of any such firm, association, or other entity, or shall be continuously employs at all times while holding such license a duly licensed sheet metal contractor, as applicable, as provided in this chapter, who shall be continuously engaged in the supervision of such entity’s installation, maintenance, and repair ductwork. Any licensed sheet metal contractor who serves as an officer or similarly authorized principal of such an entity or who is continuously employed by an entity holding a contractor’s license shall represent the interests of one such entity and only one such entity at any given time as described above. In the event that the licensed sheet metal contractor described above shall cease to be an officer or similarly authorized principal of one of the entities described above or shall cease to be continuously employed by an entity holding a contractor’s license for any reason whatsoever, such entity shall provide written notice of the same to the board of examiners no more than 10 business days after the effective date of the occurrence of the cessation. Any entity so affected shall provide written notice to the board of examiners specifying the licensed sheet metal contractor who shall replace the departed licensed sheet metal contractor, as applicable, referenced above no more than 45 days after the effective date of occurrence of such cessation. The board may revoke the license of any licensee which willful violates this section.
The sheet metal contractor’s license shall entitle the entity holding the same to engage in business, advertise, bid for work, or represent itself as a sheet metal contractor and shall also entitle such entity to make application for and take out permits through its duly authorized officer or similarly authorized principal as well as through the duly licensed sheet metal contractor continuously employed by such entity as stated above, as the case may be. Such sheet metal contractor’s license shall not, however, in and of itself permit a principal, officer, employee, or agent of the entity holding such license to individually engage in installation, maintenance, or repair ductwork as described above unless such principal, officer, employee, or agent is individually licensed to do so. Any work engaged in, advertised for, applied for by permit, bid for, or represented to be permissible, shall be solely of the type for which the licensed sheet metal contractor who serves as an officer or similarly authorized principal of the entity who is continuously employed by the entity holding a sheet metal contractor’s licenses, is duly licensed to perform. Any licensed sheet metal contractor who serves as an officer or similarly authorized principal of such an entity or who is continuously employed by an entity holding a contractor’s license shall represent the interests of one such entity and only one such entity at any given time as described above. In the event that the licensed sheet metal contractor described above shall cease to be an officer or similarly authorized principal of one of the entities described above or shall cease to be continuously employed by an entity holding a contractor’s license for any reason whatsoever, such entity shall provide written notice of the same to the board no more than 14 days after the effective date of the occurrence of the cessation. Any entity so affected shall provide written notice to the board specifying the licensed sheet metal contractor who shall replace the departed licensed sheet metal contractor, as applicable, referenced above no more than 45 days after the effective date of occurrence of such cessation.
The board shall revoke the license of any licensee which willful violates this section.
Section 240. The board shall make such rules as they deem proper for the performance of their duties and rules governing the qualifications of applicants for examination. The board shall examine each person who applies to be licensed as a journeyperson sheet metal worker, and each applicant who applies to be licensed as a sheet metal contractor, as to his practical knowledge of sheet metal work as defined in this chapter. The board shall subject each applicant to a practical examination satisfactory to the board, who, if satisfied of his competence, shall issue to him a license as applied for. The board shall hold frequent examinations in the city of Boston, and also at such other convenient places within the Commonwealth as they deem necessary. Public notice shall be given of all examinations. Every application for examination shall be in the handwriting of the applicant who shall be notified by the board of the time and place of examination. The board may, without payment of any fee, issue a probationary license in force for six months to a person who, having worked as an apprentice, or under a verbal agreement for instruction, for not less than three years, presents an application therefore with the signed endorsement of his employer agreeing to be responsible for all work done under the license and to have the licensee, at the expiration of the license, present himself for examination as a journeyman. The board shall grant a credit of five per cent to the examination standing of each applicant who is a veteran.
Section 241. The board shall establish rules and regulation for applicants to undergo an examination to be a journeyperson sheet metal worker, pursuant to section 240, and the applicant shall demonstrate by the applicant that he has participated in a registered apprenticeship program for at least 5 years prior to the filing of the application, and the applicant shall provide to the board an affidavit or affidavits of his former employers or the director of the registered apprenticeship program, or other reasonably satisfactory evidence showing that the applicant has satisfactorily completed the apprenticeship training program, or the application is accompanied by an affidavit or other reasonably satisfactory evidence showing that the applicant possesses a certificate of license issued under the laws of another state specifying such person as a journeyperson, and meet any other requirements that the board may adopt by rule or regulation.
Applicants must have their applications filed with the board at least 15 days prior to the examination date. Upon passage of the journeyperson sheet metal worker’s examination, the payment of a license fee, and satisfying the rules and regulations for licensure by the board, the journeyperson sheet metal worker’s license shall be issued by the board.
Section 242. The board shall establish rules and regulation for applicants to undergo an examination to be a sheet metal contractor, pursuant to section 240 and 241, and the applicant must be a licensed journeyperson sheet metal work licensed for not less than 3 years. Applicants must file an application with the board at least 15 days prior to the examination date. Upon passing the sheet metal contractor’s examination, the payment of a license fee and satisfying the rules and regulations to be licensed by the board, the contractor license shall be issued by the board.
Section 243. The board shall establish rules, regulations and licensure for a registered sheet metal worker apprentice program. The board shall maintain a record of active license sheet metal work apprentice programs. The board shall establish fines and penalties should a sheet metal worker apprentice program licensee violate the said rules and regulations; provided further, that the board shall suspend or revoke a journeyperson sheet metal worker’s license for the willful abuse or misuse of the sheet metal worker apprentice program. The board shall formulate rules and regulations for on-the-job programs relative to the sheet metal work apprentice program.
Section 244. Upon payment to the board of a fee and the submission of a written application provided by said board, the board shall issue a journeyperson sheet metal workers license or a sheet metal contractor to a person who holds a valid license or registration issued by another jurisdiction which has standards substantially equivalent to or exceeding the standards of the commonwealth, as determined by the board.
Section 245. The fee for the journeyperson sheet metal worker license, sheet metal contractor, and sheet metal worker apprentice or for any biennial renewal thereof, and for any examination therefore shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7 for the filing thereof.
Section 246. The board shall adopt rules and regulations for a system of continuing education, compliance with which shall be a requirement and condition precedent to the renewal of all licenses issued by the board.
Section 247. Every person engaged in the business of a journeyperson sheet metal worker or sheet metal worker contractor not lawfully registered or licensed every person engaging in or working in the business of sheet metal work is forbidden to do so under sections 237 to 246 and every person so licensed violating any provision of sections one to fifteen, inclusive, of this chapter or any ordinance, by-law, rule or regulation made thereunder, shall be punished by a fine not exceeding one hundred dollars. Any city or town subject to the preceding sections of this chapter neglecting to comply with any of its provisions shall forfeit $50 to the commonwealth for each month during which such neglect continues.
Section 248. If, in the opinion of such inspector of buildings, if any, otherwise of the board of health, of a town, the holder of a license or certificate violates any statute, ordinance, by-law, rule or regulation relative to sheet metal worker, said inspector or the board of health of the town where such violation is committed shall give notice thereof to the board
Section 249. Notwithstanding the provisions of any general or special law to the contrary, no licensed journeyperson sheet metal worker and sheet metal contractor, shall be issued a permit for the performance of sheet metal work, pursuant to this chapter unless the licensee has a current liability insurance policy including completed operations coverage, which has been issued by an insurance company licensed to do business within the commonwealth, or other type of indemnity against liability providing substantially equivalent coverage, or a bond. The licensee shall check the appropriate block on the uniform application to perform plumbing and gas work.
Section 250. Whoever violates any provision of these provisions shall be punished by a fine of not more than $50. Inspectors of buildings or other proper authorities shall cause the provisions of said sections to be enforced.
SECTION 3. Notwithstanding the provisions of section 100 of chapter 13 of the General Laws to the contrary, for a period of one year after the effective date of said section the initial journeyperson sheet metal worker to the board of board of sheet metal workers shall not be required, at the time of their initial appointment, to be licensed to practice journeyperson sheet metal work pursuant to the provisions sections 3, 4B, and 4C of chapter 142 of the General Laws, if they are of good moral character, have been engaged in the practice of journeyperson sheet metal working for compensation for not less than 10 years prior to the effective date of this section.
SECTION 4. Notwithstanding any general or special law to the contrary, the board shall issue journeyperson sheet metal worker or sheet metal contractor without examination to an applicant who meets the requirements of sections 237 to 249 of chapter 112 of the General Laws and provides to the board satisfaction that he is and actually has been in the paid professional practice for 5 years out of the last 10 years in the field of sheet metal work, preceding the effective date of this act. The board, in its discretion, may waive the education requirements for an applicant if it determines that an applicant's combined professional and education credentials meet the intent of this act. The provisions of this section shall expire one year following the effective date of this act.