Bill Text - HB517 (2012)

(New Title) relative to the licensure of fuel gas fitters and plumbers by a mechanical licensing board established within the department of safety and transferring regulation of plumbers to the mechanical licensing board.


Revision: Jan. 5, 2012, midnight

HB 517-FN – AS INTRODUCED

2011 SESSION

11-0381

10/04

HOUSE BILL 517-FN

AN ACT repealing provisions concerning licensure of fuel gas fitters.

SPONSORS: Rep. Hunt, Ches 7

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill repeals the statutory authority for the state fire marshal to regulate fuel gas fitters.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0381

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT repealing provisions concerning licensure of fuel gas fitters.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Repeal; Licensure of Fuel Gas Fitters. RSA 153:27 through 153:37, relative to licensure of fuel gas fitters, is repealed.

2 Advisory Committee on Heating System Certification; Reference Removed. Amend RSA 153:16-c, III(i) to read as follows:

(i) One [licensed] fuel gas fitter, recommended by the Plumbers, Fuel Gas Fitters and HVAC Association of New Hampshire.

3 Voluntary Certification of Heating Equipment Installers; Fuel Gas Added. Amend RSA 153:16-b to read as follows:

153:16-b Certification of Heating Equipment Installers [and], Heating Equipment Service Personnel, Gas Piping Installers, and Hearth System Gas Installers; Penalty.

I. The state fire marshal shall establish a voluntary certification program for certifying the following:

(a) Individuals involved in the installation of residential and non-residential heating equipment systems, water heating systems, or appliances using heating oil.

(b) Individuals involved in the servicing and repair of heating equipment, water heating systems, or appliances using heating oil.

(c) Individuals involved in the installation of gas piping for heating systems, water heating systems, or appliances using natural gas or liquefied petroleum gas.

(d) Individuals involved in the installation of hearth systems using liquefied petroleum gas or natural gas.

II. The commissioner of the department of safety shall adopt rules, pursuant to RSA 541-A, relative to the establishment of minimum education and training standards for voluntarily certified heating equipment installers [and], heating equipment service personnel, gas piping installers, and hearth system gas installers.

III. The commissioner of the department of safety shall adopt rules, which shall not be subject to RSA 541-A, relative to the establishment of fees for voluntary certification under this section. After the first year of this program, such fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the previous fiscal year. Fees shall be deposited in the fire standards and training and emergency medical services fund, established in RSA 21-P:12-d.

IV. Whoever falsely claims to be certified under this section through advertising, signage, or verbal representation shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

4 Repeal. The following are repealed:

I. RSA 21-P:12, VII, relative to the responsibility of the state fire marshal to regulate fuel gas fitters.

II. RSA 21-P:14, II(ee), relative to rulemaking authority concerning licensure of fuel gas fitters.

5 Effective Date. This act shall take effect July 1, 2011.

LBAO

11-0381

Revised 02/03/11

HB 517 FISCAL NOTE

AN ACT repealing provisions concerning licensure of fuel gas fitters.

FISCAL IMPACT:

      The Department of Safety states this bill will reduce state general fund revenue by $779,700 in FY 2012 and FY 2014, and $600,000 in FY 2013 and FY 2015, and reduce state general fund expenditures by $675,033 in FY 2012, and $694,773 in FY 2013 and each year thereafter. There will be no fiscal impact on county and local revenues or expenditures.

METHODOLOGY:

    This bill repeals the statutory authority for the state fire marshal to regulate fuel gas fitters. This bill also requires the state fire marshal to establish a voluntary certification program for individuals involved in the installation of gas piping for heating systems, water heating systems, appliances or hearth systems using natural gas or liquefied petroleum gas. The Department of Safety states there are currently more than 6,000 gas fitters licensed by the Division of Fire Safety. The repeal of the statutory authority for the state fire marshal to regulate fuel gas fitters will eliminate the revenues and expenditures associated with the licensing authority, as the Department assumes participation in the voluntary certification would be minimal. The Department states approximately ½ or 3,000 of the existing individual licensees would have renewed in FY 2012 at $200 each, and approximately 599 businesses would have become licensed at $300 each, for a total anticipated reduction in state revenues of $779,700 in FY 2012 and FY 2014. As the business licenses issued by the Department are 2 year licenses, the Department estimates only the 3,000 individual licenses would have renewed in FY 2013 at $200 each, resulting in an estimated decrease in state revenues of $600,000 in FY 2013 and FY 2015.

    The Department states the removal of the mandatory regulation of fuel gas fitters would result in the elimination of the gas fitter administration and enforcement section within the Department. By eliminating this section and the 6 positions in it, the Department estimates state general fund expenditures will decrease by $675,513 in FY 2012 and $696,373 in FY 2013 and each year thereafter. The breakdown of expenditures is as follows:

                      FY 2012 FY 2013 and after

    Salaries (6 positions) $300,407 $296,004

    Benefits $199,486 $213,366

    Other Expenses $175,620 $187,003

    Total Expenditure Decrease $675,513 $696,373