SENATE, No. 182

SECTION 1. Section 36 of Chapter 13 of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:—

“There shall be a board of state examiners of plumbers, gas fitters, and sheet metal workers, in sections 37 and 38 called the examiners, to consist of eleven members who shall be citizens of the commonwealth, 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 seven persons to be appointed by the governor, one of whom shall have at least 10 years of practical experience as a master plumber, one of whom shall be a journeyman plumber with at least 10 years of practical experience and who is a wage earner, one of whom shall be a sanitary or plumbing engineer, one of whom shall be a master gas fitter with at least ten years of practical experience in the field of undiluted liquefied petroleum gas and natural gas, one of whom shall be a journeyman gas fitter with at least 10 years of practical experience and who is a wage earner, one of whom shall be a master or journeyman gas fitter with at least 10 years of practical

experience in the design and installation of liquefied petroleum gas systems, one of whom shall be a representative of the public subject to the provisions of section 9B, one of whom shall be a journeyperson sheet metal worker with at least 10 years of practical

experience, and one of whom shall be a heating, ventilation and air conditioning contractor with at least 10 years experience in the design, fabrication, and installation of air handling systems, including ductwork. The board of state examiners of plumbers,

gas fitters, and sheet metal workers shall establish the requirements for licensure, fees, 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 142 and met the requirements of the board’s rules and regulations. As the term of office of a member expires, the governor shall appoint a successor to serve for three years. The governor shall designate the chairperson of the board and may, at any time, change such designation.”

SECTION 2. Section 1 of Chapter 142 of the General Laws, as appearing in the Chapter 142, section 1, is hereby amended after line 2 by inserting the following definitions:—

“Examiners”, the board of state examiners of plumbers, gas fitters, and sheet metal workers appointed under section 36 of chapter 13.  “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 3B, 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 him or herself or a journeyperson sheet metal worker in his or her employ, performs sheet metal work.

SECTION 3. Chapter 142 of the General Laws, as appearing in the 2004 official edition, in hereby amended by inserting after section 3 the following new section:—

“Section 3C. 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 or she is a journeyperson sheet metalworker unless that person possesses and carries on his or her person a valid license issued by the examiners 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 conducted by a license pipefitter under chapter 142 and chapter 146.

Section 3D. 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 of examiners as further described in chapter 13 and chapter 142. 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 of examiners 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 of examiners 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 described in section 6, as the same may be amended from time to time, the board of examiners 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, as such term is defined in section 2, 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. 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 of examiners 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 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.

SECTION 4. Section 4 of Chapter 142 as appearing the General Laws, as appearing in the 2004 official edition, is hereby amended by striking out the paragraph in its entirety and inserting in place thereof the following new paragraph:—

“The examiners may make such rules as they deem proper for the performance of their duties and rules governing the qualifications of applicants for examination, which shall take effect when approved by the general court and by the department of public health. They shall examine each applicant desiring to engage in the business of a master plumber or a journeyman plumber, as to his practical knowledge of plumbing, house drainage, plumbing ventilation, and gas fitting. They shall examine each applicant desiring, to engage in the business of a master gas fitter or a journeyman gas fitter as to his practical knowledge pertaining to gas fitting, natural and manufactured gas and the installation of undiluted liquefied petroleum. They shall examine each person who applies to be licensed as an undiluted liquefied petroleum gas installer, and each person who applies to be licensed as a limited undiluted liquefied petroleum gas installer. They 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 or her practical knowledge of sheet metal work as defined in sections 3C and 3D of this chapter. They shall subject each applicant to a practical test satisfactory to the examiner, who, if satisfied of his competence, shall issue to him a license as applied for. They 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 examiners of the time and place of examination.

The examiners 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 or 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. They shall grant a credit of five per cent to the examination standing of each applicant who is a veteran, as defined in clause 43 of section 7 of chapter 4.”

SECTION 5. Chapter 142 of the General Laws, as appearing in the 2004 official edition, is hereby amended by inserting after section 4A the following new sections:— “Section 4B. The board shall establish rules and regulation for applicants to undergo an examination to be a journeyperson sheet metal worker, pursuant to section 36, and the applicant shall demonstrate by the applicant that he or she 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 or her 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.

Applicants must have their applications filed with the board of examiners at least 15 days prior to the examination date. Upon passage of the journeyperson sheet metal worker’s test, 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 4C. The board shall establish rules and regulation for applicants to undergo an examination to be a sheet metal contractor, pursuant to section 36, 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 test, 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 4D. 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 may suspend or revoke a journeyperson sheet metal worker’s license for the willful abuse or misuse of the sheet metal worker apprentice program.

Section 4E. 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 said board.

SECTION 6. Section 5 of chapter 142 of the General Laws is hereby amended in line 4 by inserting after the words “or gas installer” the following words “; journeyperson sheet metal worker or sheet metal contractor”.

SECTION 7. Section 7 of chapter 142 of the General Laws is hereby amended in 4 by striking out the words “plumbing and gas fitting” and inserting in place thereof the following words “plumbing, gas fitting and sheet metal working”.

SECTION 8. Section 16 of chapter 142 of the General Laws is hereby amended in line 5 after the words “liquefied petroleum gas installer” the following words “or as a journeyperson sheet metal worker or as a sheet metal contractor or as an apprentice sheet metal worker”.

SECTION 9. Section 21 of chapter 142 of the General Laws is hereby amended in 2 by striking out the words “plumbing and gas fitting” and inserting in place thereof the following “plumbing, gas fitting and sheet metal”.

SECTION 10. Section 21A of chapter 142 of the General Laws is hereby amended in 2 by striking out the words “no licensed plumber or gas fitter” and inserting place thereof the following “no licensed plumber, gas fitter, sheet metal worker, or sheet metal contractor”.

SECTION 11. Section 12A of chapter 142 of the General Laws is hereby amended in line 4 by striking out the words “plumbing and gas fitting” and inserting place thereof the following words “plumbing, gas fitting, and sheet metal working”.

SECTION 12. Notwithstanding the provisions of section 36 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 registration of home inspectors 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 13. Notwithstanding any general or special law to the contrary, the board of state examiners of plumbers, gas fitters, and sheet metal workers may issue a journeyperson sheet metal worker or sheet metal contractor without examination to an applicant who meets the requirements of sections 3, 4B and 4C chapter 142 of the General Laws and provides to the board's 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.