CHAPTER 170
SB 346-FN – FINAL VERSION
02/21/08 0599s
2008 SESSION
10/09
SENATE BILL 346-FN
AN ACT relative to the regulation of fuel gas fitters by the state fire marshal.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Letourneau, Dist 19
COMMITTEE: Executive Departments and Administration
This bill allows for the issuance of a fuel gas fitting license without examination to businesses engaged in fuel gas fitting.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type
02/21/08 0599s
08-2807
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the regulation of fuel gas fitters by the state fire marshal.
Be it Enacted by the Senate and House of Representatives in General Court convened:
170:1 Definition; Person. RSA 153:27, X is repealed and reenacted to read as follows:
X. “Person” means an individual, natural person.
170:2 New Section; Fuel Gas Fitter License; Business Entities. Amend RSA 153 by inserting after section 29 the following new section:
153:29-a Fuel Gas Fitter License; Business Entities.
I. The commissioner may issue a business entity a fuel gas fitter license without examination or continuing education requirements to corporations, partnerships, or limited liability companies engaged in fuel gas fitting, provided one or more officers of the corporation, or designee, or one or more members of the partnership, or designee, or one or more managing members of the limited liability company, or designee, hold an active and current license as a liquefied propane service technician or natural gas service technician under this subdivision. Within 30 days after the death or withdrawal of the licensed person as a corporate officer, or designee, or member of the partnership, or designee, or one or more managing members of the limited liability company, or designee, the licensed person, corporation, partnership, or limited liability company shall give notice thereof to the commissioner and, if no other officer, partner, manager or designee, is licensed as a liquefied propane service technician or natural gas service technician, the corporation, or partnership, or limited liability company shall not act as a fuel gas fitter until some other officer, member, or designee, has obtained a license as a liquefied propane service technician or natural gas service technician. Notwithstanding any other provision of law, the commissioner shall not require a fee for a corporation engaged in fuel gas fitting where a licensed liquefied propane service technician or natural gas service technician is the sole shareholder of the corporation.
II. All licenses issued under this section shall expire every 2 years on the last day of December. The commissioner shall renew a valid license issued under this section on receipt of an application for renewal and the required fee before the expiration date of the license.
III. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the application and renewal procedure and any eligibility requirements in addition to those in this subdivision for a fuel gas fitter license for business entities issued pursuant to this section
170:3 Expiration and Renewal. Amend RSA 153:30, I to read as follows:
I. Licenses shall be renewed as follows:
(a) Except for licenses issued pursuant to RSA 153:29-a, all licenses shall expire every 2 years on the last day of the month of the holders birth. The commissioner shall renew a valid license issued under this subdivision on receipt of an application for renewal and the required fee before the expiration date of the license.
(b) If a person or business entity fails to renew [his or her] a license prior to expiration, the person or business entity may have the license reinstated within 90 days of its expiration by paying the reinstatement fee in addition to the renewal fee. A late fee is not required during the first 30 days of expiration.
(c) Except for licenses issued pursuant to RSA 153:29-a, any application received 90 days or more after the expiration of the license shall be rejected unless accompanied by proof of successful completion of the examination required under RSA 153:29 subsequent to its expiration.
(d) Except for applications received pursuant to RSA 153:29-a, applicants for license renewal shall provide to the commissioner evidence of completion of continuing education within the previous 24-month period.
170:4 Appeals. Amend RSA 153:33 to read as follows:
153:33 Appeals. Any person or business entity affected by a final decision of the commissioner may appeal such final decision pursuant to RSA 541.
170:5 Penalties. Amend RSA 153:37 to read as follows:
153:37 Penalties.
I. Any person or business entity who performs fuel gas fitting without first having obtained a license, shall be guilty of a misdemeanor.
II. Any person or business entity who violates any rule adopted under RSA 153:28 or whoever violates any ordinance or bylaw enacted pursuant to the provisions of RSA 153:35 shall be guilty of a misdemeanor.
III. Any person or business entity which procures any license based upon inaccurate information contained on an application, or procures any license by fraud, shall be guilty of a misdemeanor.
IV. Any person who performs fuel gas fitting without first having obtained a license, or who violates any rule adopted pursuant to this subdivision, and such performance of fuel gas fitting results in serious bodily injury or death, shall be guilty of a felony.
IV-a. Any person or business entity employing a person to perform fuel gas fitting when the employed person is not in training and does not have a current valid fuel gas fitting license issued pursuant to this subdivision or rules adopted pursuant to this subdivision, shall be guilty of a misdemeanor.
V. The penalties in this subdivision shall not apply until after one calendar year following the effective date of rules first adopted under this subdivision.
170:6 Effective Date. This act shall take effect January 1, 2009.
Approved: June 6, 2008
Effective Date: January 1, 2009