Revision: Jan. 6, 2012, midnight
HB 517-FN – AS AMENDED BY THE HOUSE
4Jan2012… 2757h
2011 SESSION
10/04
HOUSE BILL 517-FN
AN ACT 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.
COMMITTEE: Executive Departments and Administration
This bill establishes the mechanical licensing board within the division of fire safety, department of safety, for the regulation of fuel gas fitters, plumbers, and the voluntary certification of heating equipment personnel and water treatment technicians. The bill repeals the state board for the licensing and regulation of plumbers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2012… 2757h
11-0381
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT 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.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Fire Marshal; Duties. Amend RSA 21-P:12, VII to read as follows:
VII. Administration, supervision, and enforcement of RSA [153:27-37 regulating fuel gas fitters] 153:27-38. There is hereby established within the department of safety a bureau of building safety and construction under the supervision of the state fire marshal, which shall include the mechanical safety staff.
2 New Paragraph; Rulemaking. Amend RSA 21-P:14 by inserting after paragraph IX the following new paragraph:
X. The commissioner of safety shall have authority to approve rules prior to adoption by the mechanical licensing board, as provided in RSA 153:16-b and 153:27-38.
3 Voluntary Certification; Heating Equipment Personnel. Amend RSA 153:16-b to read as follows:
153:16-b Certification of Heating Equipment Installers and Heating Equipment Service Personnel; Penalty.
I. The [state fire marshal] mechanical licensing board established in RSA 153:27-a 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.
II. The [commissioner of the department of safety] mechanical licensing board with the approval of the commissioner 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.
III. The[commissioner of the department of safety] mechanical licensing board with the approval of the commissioner 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 collected shall be deposited in the [fire standards and training and emergency medical services fund, established in RSA 21-P:12-d] general fund.
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 Subdivision Heading; Mechanical Licensing. Amend the subdivision heading preceding RSA 153:27 to read as follows:
[Fuel Gas Fitters] Mechanical Licensing
5 Definitions. RSA 153:27 is repealed and reenacted to read as follows:
153:27 Definitions. In this subdivision:
I. “Board” means the mechanical licensing board established in RSA 153:27-a.
II. “Domestic appliance technician” means any person engaged in the installation, servicing, and repair of liquefied propane or natural gas domestic appliances designed specifically for residential use, limited to residential clothes dryers and their venting systems, domestic stove tops, cook stoves and ranges and their venting systems, or outdoor cooking equipment and pool heaters.
III. “Fuel gas fitter” means a hearth system installation and service technician, a fuel gas technician, a fuel gas service technician, or a piping installer regulated by this subdivision.
IV. “Fuel gas fitting” means the installation, repair, alteration, service, demolition or removal of pipes, fixtures, fittings, appliances, or apparatus necessary for supplying natural gas or propane for residential or non-residential use from the point of delivery and all gas piping before connection to the combustion zone and including the applicable venting of flue gases to the outside atmosphere and the provisions for air for combustion and ventilation.
V. “Fuel gas installation technician” means any person engaged in the installation of inside and outside piping from the outlet of the gas meter or second stage regulator or residential and non-residential heating equipment systems or water heating systems using liquefied propane gas or natural gas.
VI. “Fuel gas piping installer” means any person engaged in the installation of liquefied propane gas or natural gas piping or who is a New Hampshire licensed plumber, approved by the board through affidavit, experience, education or training in the use of NFPA 54, national fuel gas code as adopted pursuant to RSA 153:5 in the state fire code.
VII. “Fuel gas service technician” means any person engaged in the servicing and repair of inside and outside piping from the outlet of the gas meter or second stage regulator or residential and non- residential heating equipment systems or water heating systems using liquefied propane gas or natural gas.
VIII. “Fuel gas trainee” means any person engaged in the process of meeting the licensing requirements of this subdivision, who shall work under the supervision of a licensed fuel gas fitter in the repair or installation of inside and outside piping from a gas meter or second stage regulator, and the repair or installation of residential and nonresidential heating equipment systems, hot water heating systems, or hearth equipment systems utilizing liquefied propane gas or natural gas.
IX. “Hearth system installation and service technician” means any person engaged in the installation, servicing, and repair of liquefied propane or natural gas hearth appliances and venting systems.
X. “Journeyman plumber” means any person who customarily performs the work of installing plumbing and drainage under the direction of a master plumber.
XI. “License” means any license issued pursuant to this subdivision.
XII. “Master plumber” means any person, firm, corporation, or limited liability company that, as a business, hires or employs a person or persons to do plumbing work, or, without hiring any person, does that work as a principal business or as auxiliary to a principal business for its own account.
XIII. “Person” means an individual, natural person.
XIV. “Plumbing” means the practice, materials, and fixtures used in the installing, maintenance, extension, and alteration of all piping, fixtures, plumbing appliances, and plumbing appurtenances within or adjacent to any structure, in connection with sanitary drainage or storm drainage facilities; venting systems; and public or private water systems. For the purposes of this subdivision, the term “plumbing” shall not apply beyond the first fitting beyond the foundation wall of the building or 5 feet of pipe from the building.
XV. “Plumbing apprentice” means any person who is engaged in learning and assisting in the installation of plumbing and drainage under an apprenticeship program that meets the requirements of the state apprenticeship advisory council established in RSA 278.
XVI. “Water treatment system” means any apparatus for treating or processing water to modify, enhance, or improve its quality or to meet a specific water quality need, desire, or standard, and the pipes, fittings, and other components servicing such apparatus.
XVII. “Water treatment technician” means any person who installs, maintains, or repairs water treatment systems.
XVIII. “Water treatment trainee” means any person who is engaged in learning about and assisting in installing, maintaining, or repairing water treatment systems under the direct supervision of a water treatment technician certified under this subdivision.
6 New Section; Mechanical Licensing Board. Amend RSA 153 by inserting after section 27 the following new section:
153:27-a Mechanical Licensing Board. There is hereby established as a unit within the division of fire safety a mechanical licensing board. The term of office for the members appointed to the board shall be 3 years and until a successor is appointed. The initial appointed members of the board shall serve staggered terms. Vacancies shall be filled in the same manner and for the unexpired terms. No member of the board shall be appointed to more than 2 consecutive terms. A member of the board shall serve as the board secretary.
I.(a) No member of the board may be associated with the formal education for licensing, and/or be provider or an employee of a provider for continuing education for any profession or trade licensed under this subdivision.
(b) A public member of the board shall be a person who is not, and never was, a member of the fuel gas fitting or plumbing trade or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of plumbing and/or fuel gas services or an activity directly related to plumbing and/or fuel gas, including the representation of the board or trade for a fee at any time during the 5 years preceding appointment.
II. The board shall:
(a) Adopt rules as provided for in this subdivision.
(b) Implement the licensing program under this subdivision.
(c) Review and approve educational programs and providers.
(d) Conduct hearings for disciplinary actions.
(e) Review and recommend adoptions, exceptions, or omissions to technical standards as adopted under RSA 153:28.
(6) Develop and recommend for the legislature future changes to this subdivision.
III. The members of the board shall be appointed by the governor and council as follows:
(a) Two licensed journeymen or master plumbers, who are actively working in the trade as plumbers.
(b) Two licensed fuel gas fitters, who are actively working in the trade as fuel gas fitters.
(c) One licensed master plumber who is also a licensed fuel gas fitter and actively working in the trade as a plumber and fuel gas fitter.
(d) Two public members.
IV. The board shall hold at least 8 regular meetings each year, and may hold special meetings at such times as the business of the board may require. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide and in accordance with New Hampshire state law. A quorum of the board shall consist of 4 members.
V. The board shall annually elect a chairman and a vice-chairman from among its members.
7 Rulemaking Mechanical Licensing Board. RSA 153:28 is repealed and reenacted to read as follows:
153:28 Rulemaking.
I. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the state fire marshal and with the approval of the commissioner of safety, shall adopt rules, pursuant to under RSA 541-A, necessary for the proper implementation of the licensure requirements established in this subdivision, which shall include the following:
(a) Standards regarding education or its equivalent, experience requirements, and testing requirements for applicants for initial licensure for the following specialty licenses:
(1) Hearth system installation and service technician.
(2) Fuel gas installation technician.
(3) Fuel gas service technician.
(4) Fuel gas piping installer.
(5) Fuel gas trainee.
(6) Domestic appliance technician.
(7) Master plumber.
(8) Journeyman plumber.
(9) Apprentice plumber.
(b) Standards for license renewal and continuing education requirements. Continuing education requirements may be fulfilled in full or in part by training programs approved by the board. The rules shall address the number of hours of continuing education for each specialty license, and education applicable to holders of multiple specialty licenses.
(c) The implementation of reciprocity agreements entered into pursuant to paragraph V.
II. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the state fire marshal and with the approval of the commissioner of safety, shall establish application fees for licensure, for renewal, for late renewal, and for reinstatement of licenses under this subdivision pursuant to RSA 541-A. Such licensing fees including any endorsements shall not exceed $500 per individual. The board shall also adopt fees for replacement licenses, for certified copies and reports, for inspections done pursuant to this subdivision, for letters of verification requested by individuals or jurisdictions relating to licensure and certification, and for transcribing and transferring records and other services. The fee for examination by third parties shall be separate from the fees established by the board. Fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the previous fiscal year. Fees collected shall be deposited in the general fund.
III. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the state fire marshal and with the approval of the commissioner of safety, shall adopt technical standards for fuel gas fitting by rule under RSA 541-A. The board shall use applicable codes as adopted by the state of New Hampshire.
IV. The state fire marshal shall assist and support the board in administering and enforcing the provisions of this subdivision.
V. The board may enter into reciprocity agreements which shall permit the licensing of fuel gas fitters and plumbers from states which have a mutual mechanical licensing reciprocity agreement with this state, for all mechanical licenses listed in paragraph I(a) provided the board, in consultation with the state fire marshal, determines that the requirements for licensure in that state are equivalent to, or greater than, those established by this subdivision.
8 Fuel Gas Fitter and Plumber Licensing. Amend RSA 153:29 through RSA 153:37 to read as follows:
153:29 Examinations; Licenses.
I. Notwithstanding RSA 21-G:9, the [commissioner] board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the state fire marshal and with the approval of the commissioner of safety, shall establish, through rulemaking pursuant to RSA 541-A, the nature of the examinations required for issuance of fuel gas fitter licenses and plumbers licenses. The scope of such examinations and the methods of procedure shall be prescribed by the [commissioner] board. This may include an outside organization approved by the [commissioner] board.
II. Each license issued by the [commissioner] board shall identify which of the following special licenses [applies] or license endorsements apply to the licensee:
(a) Hearth system installation and service technician.
(b) [Liquefied propane] Fuel gas installation technician.
(c) [Liquefied propane] Fuel gas service technician.
(d) [Natural gas installation technician.
(e) Natural gas service technician.
(f) ] Fuel gas piping installer.
[(g)] (e) Fuel gas trainee.
(f) Domestic appliance technician.
(g) Master plumber.
(h) Journeyman plumber.
(i) Apprentice plumber.
III. No licensee shall engage in any activity not covered by his or her specialty license.
IV. The licensee shall have in his or her possession a current biennial license issued by the [commissioner] board. The license shall be available for inspection on request. The [commissioner] board shall issue [both a wall license and] a license suitable to be carried by the individual licensee.
153:29-a [Fuel Gas Fitter] Mechanical License; Business Entities.
I. The [commissioner] board may issue a business entity a [gas fitter] license without examination or continuing education requirements to corporations, partnerships, or limited liability companies engaged in fuel gas fitting and/or plumbing, 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] fuel gas service technician or master plumber for the appropriate mechanical business entity license, or any combination thereof, provided that the licensee of record is properly licensed for each of the business entities listed by the applicant 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] fuel gas service technician or master plumber, the corporation, or partnership, or limited liability company shall not act as a fuel gas fitter or plumber until some other officer, member, or designee, has obtained a license as a [liquefied propane service technician or natural] fuel gas service technician or master plumber. Notwithstanding any other provision of law, the [commissioner] board shall not require a fee for a [corporation] business entity engaged in fuel gas fitting and/or plumbing where a licensed [liquefied propane service technician or natural] fuel gas service technician or master plumber is the sole [shareholder] individual holding the license of the [corporation] business entity.
II. All licenses issued under this section shall expire every 2 years on the last day of December. The [commissioner] board 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. Notwithstanding RSA 21-G:9, the [commissioner] board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the state fire marshal and with the approval of the commissioner of safety, 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 or plumber for business entities issued pursuant to this section.
IV. The board shall establish a fee structure for mechanical business entities by providing the following:
(a) Fees not to exceed $250 for a business entity which employs no less than one additional licensee and not more than 5 employees required to be licensed under this subdivision.
(b) Fees not to exceed $400 for a business entity employing not more than 20 employees required to be licensed under this subdivision.
(c) Fees not to exceed $600 for a business employing 21 or more employees required to be licensed under this subdivision.
(d) Application, renewal, late renewal and re-instatement fees.
153:30 Expiration and Renewal.
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] board 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 a license prior to expiration, the person or business entity may have the license reinstated within [90] 365 days of its expiration by paying the late 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] 365 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] board evidence of completion of continuing education within the previous 24-month period.
II. Upon the request of a licensed fuel gas fitter or licensed plumber who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty, the [commissioner] board shall place the person’s license on inactive status. The license may be reactivated within one year of the licensee’s discharge by payment of the renewal fee and with proof of completion of the most current continuing education requirement unless still within the renewal period.
III. The [commissioner] board shall assess a reinstatement fee for any individual or business entity license upon completion of a suspension or revocation period resulting from disciplinary action pursuant to RSA 153:32, IV.
153:31 Emergencies. The commissioner of the department of safety is authorized, at his or her discretion, to waive the requirements of this subdivision for the purpose of restoring service during an emergency, as declared by the commissioner.
153:32 Disciplinary Action.
I. The [commissioner] board may undertake disciplinary proceedings:
(a) Upon [his or her] its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the [commissioner] board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this subdivision shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision;
(b) Conviction of any criminal offense involving injury to a victim or the risk of such injury or any criminal offense involving dishonesty;
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession, or such conduct that poses risk to public health, safety, or welfare to individuals affected by the practices or actions of the licensee;
(d) Unfitness or incompetence by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee;
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice under this subdivision;
(f) Mental or physical incompetence to practice under this subdivision;
(g) Willful or repeated violation of the provisions of this subdivision; or
(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
III. The [commissioner] board may take disciplinary action in any one or more of the following ways:
(a) By reprimand;
(b) By suspension, limitation, or restriction of license for a period of up to 5 years after hearing before the [commissioner or his or her designee] board pursuant to RSA 541-A, unless waived by the licensee;
(c) By revocation of license after hearing before the [commissioner or his or her designee] board pursuant to RSA 541-A, unless waived by the licensee;
(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient; or
(e) By immediate suspension pursuant to RSA 541-A:30.
IV. The [commissioner] board shall assess a reinstatement fee for all suspended or revoked licenses of license holders seeking restoration of the license after the prescribed disciplinary time period.
153:33 Appeals From Board Decisions. [Any person or business entity affected by a final decision of the commissioner may appeal such final decision pursuant to RSA 541.]
I.(a) A party to the proceedings shall have the right to file a petition with the superior court or the department of safety bureau of hearings to request a review of the final order of the board within 30 days of the date of the final order.
(b) For appeals through the bureau of hearings, the bureau of hearings shall review the record as developed before the board, together with any written legal argument presented to the bureau at the earliest practical time. Based on that review, the bureau may affirm or reverse the decision of the board or order that oral argument be held. As justice may require, the bureau may remand the case to the board for further findings and rulings. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the board shall not be raised before the bureau of hearings. The burden of proof shall be on the appellant to show that the decision of the board was unreasonable or unlawful.
(c) No new or additional evidence shall be introduced in the bureau of hearings, but the case shall be determined upon the record and evidence transferred, except that in any case, if justice requires the review of evidence which by reason of accident, mistake, or misfortune could not have been offered before the board, the bureau of hearings shall remand the case to the board to receive and consider such additional evidence.
II.(a) A party to the proceeding shall have the right to file a petition in the superior court of the county in which the licensee resides to review the final order of the board or the bureau of hearings within 30 days of the date of the final order.
(b) At the earliest practical time, the court shall review the record as developed before the board and/or the bureau of hearings, together with any written legal argument presented to the court. Based on that review, the court may affirm or reverse the decision of the board or order that oral argument be held. As justice may require, the court may remand the case to the board for further findings and rulings. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the board shall not be raised before the superior court. The burden of proof shall be on the appellant to show that the decision of the board was unreasonable or unlawful.
(c) No new or additional evidence shall be introduced in the superior court, but the case shall be determined upon the record and evidence transferred, except that in any case, if justice requires the review of evidence which by reason of accident, mistake, or misfortune could not have been offered before the board, the superior court shall remand the case to the board to receive and consider such additional evidence.
153:34 Inspectors.
I. The [commissioner] state fire marshal with the approval of the board and the commissioner of safety shall have the authority to appoint such inspectors as are necessary to insure compliance throughout the state with practices consistent with the public safety and welfare. Any person so employed shall be under the administration and supervisory direction of the state fire marshal.
II. An inspector appointed under this subdivision shall have the authority to enter any premises in which a fuel gas fitter or plumber subject to regulation is performing, or has completed, work regulated under this subdivision for the purpose of making such inspection as is necessary to carry out his or her duties under this subdivision. If consent for such inspection is denied or not reasonably obtainable, the state fire marshal or his or her designee may obtain an administrative inspection warrant under RSA 595-B.
III. An inspector appointed under this subdivision may order the removal or correction of any violation of this subdivision.
IV. Whenever an inspector orders the removal or correction of a violation under paragraph III, he or she shall immediately notify the local building inspection department or administrative authority of the town where the violation is located, and further order that all the work in violation be corrected prior to continuance. The local building authority shall approve the continuation of work upon being satisfied that violations have been corrected and shall notify the inspector of such approval.
153:35 Local Enforcement. The rules adopted by the mechanical licensing board pursuant to RSA 153:28, may be enforced by the building inspection department or by any officer designated by the administrative authority of the city or town; provided, however, that a city or town may adopt and enforce ordinances more stringent than the rules adopted under this subdivision.
153:36 Exceptions.
I. The license requirements of this subdivision shall not apply to anyone who performs fuel gas fitting or plumbing within an existing single family, stand alone structure owned and occupied by the person who performs the fuel gas fitting work, or plumbing, and such structure is used as the individual’s primary residence. Notwithstanding any provision to the contrary, any person who is exempt under this paragraph shall perform fuel gas fitting work, or plumbing in accordance with applicable technical standards, and comply with any applicable code, application, and inspection requirements that may apply to the fuel gas fitting work, or plumbing performed.
II. The license requirements of this subdivision shall not apply to persons performing tasks covered by federal and state regulation of public utilities pursuant to 49 C.F.R. part 192 and rules of the New Hampshire public utilities commission for gas service.
III. The license requirements of this subdivision shall not apply to any plumbing installations in residential buildings performed by students enrolled in a high school vocational plumbing program approved by the department of education or an approved postsecondary vocational plumbing program, provided such work is performed under the supervision of either a teacher holding a plumber’s license or by a licensed plumber who is a supervisor of students in cooperative education placements from such programs; and in those cases where the installation is in a new building being constructed as a part of the vocational program, that the installation will be inspected and approved by an individual or group of individuals chosen by the local school districts from persons nominated by the mechanical licensing board. Any person nominated by the board shall hold a master’s plumbers license issued by the board.
IV. The license requirements of this subdivision shall not apply to employees of public drinking water systems and public water system operators certified by the department of environmental services for drinking water treatment.
V. The license requirements of this subdivision shall not apply to any welder who shall hold a current and valid certification for welding as authorized by the American Society of Mechanical Engineers (ASME), who is employed under a licensed fuel gas fitter or master plumber, for the sole purpose of joining pipe and pipe fittings, through the appropriate certified welding processes, to piping systems, under the direct supervision of the licensed fuel gas fitter or master plumber.
VI. The license requirements of this subdivision shall not apply to any member of the New Hampshire National Guard while in a unit training assembly status and enrolled in a plumbing program as part of their military training. Such training shall only be provided under the supervision of an instructor who holds a current plumber’s license under this subdivision.
153:37 Penalties.
I. Any person or business entity who performs fuel gas fitting or plumbing 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 or plumbing without first having obtained a license, or who violates any rule adopted pursuant to this subdivision, and such performance of fuel gas fitting or plumbing 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 or plumbing when the employed person is not in training and does not have a current valid fuel gas fitting or plumbing 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.]
9 New Section; Voluntary Certification of Water Treatment Technicians. Amend RSA 153 by inserting after section 37 the following new section:
153:38 Voluntary Certification of Water Treatment Technicians; Examinations.
I. Any person who has acted as a water treatment trainee for a period of not less than one year shall, upon payment of the fees established by the board, be entitled to examination and, upon achieving the passing score on the examination, be certified as a water treatment technician. A certificate issued under this section shall be carried on the person and displayed at any time upon request. Any person failing to achieve the passing score on the examination may be examined as often as he or she may desire.
II. The title “certified water treatment technician” shall be used only by persons and business entities certified under this section. No person shall continue to represent himself or herself and no business entity shall continue to represent itself as a certified water treatment technician after certification has been revoked or nonrenewed under this section.
III. The board may issue, upon payment of the required fees, certification without examination to a corporation, partnership, limited liability company, or other business entity that installs, maintains, or repairs water treatment systems, provided the entity designates one employee certified under this chapter who is responsible for the entity’s compliance with this subdivision and the rules adopted by the board. Within 30 days after termination of employment of such employee by such entity, he or she shall give notice thereof to the board and, if no other employee is certified under this section, the entity shall not represent itself as employing certified water treatment technicians until some other employee has obtained certification. The board shall not require an additional fee for an entity that installs, maintains, or repairs water treatment systems where the person certified under this section is the sole owner of the entity.
IV. The board may issue certification without examination to those water treatment technicians who provide adequate documentation of having operated in the capacity of a water treatment technician for a period of at least one year prior to January 1, 2004 and who pay the required fees.
V. The board, with the approval of the commissioner, shall adopt rules pursuant to RSA 541-A to implement the certification requirements established in this section, including the application procedure and any eligibility requirements in addition to those in this section for certification as a certified water treatment technician or water treatment trainee, the renewal of certification and reinstatement of certification, and to establish the fees for certification of water treatment technicians and water treatment trainees.
10 Reference To Plumbers Board; State Building Code Review Board. Amend RSA 155-A:10, I(l) to read as follows:
(l) One master plumber licensed in this state for a minimum of 5 years, nominated by the [state board for the licensing and regulation of plumbers established in RSA 329-A] mechanical licensing board established in RSA 153:27-a.
11 Appeals of Decisions Removed; State Building Code Review Board. Amend RSA 155-A:11-a to read as follows:
155-A:11-a Appeal of Decisions of the Electricians’ Board and the [State] Board [for the Licensing and Regulation of Plumbers] of Home Inspectors.
I. The board shall hear appeals of final decisions of the board established under RSA 319-C:4[, the board established under RSA 329-A:3,] and the board established under RSA 310-A:186.
II. The board shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the board at the written request of one of the parties and shall render a decision within 30 days of the conclusion of the hearing.
12 General Administration; Reference to Appeals Removed. Amend RSA 332-G:5 to read as follows:
332-G:5 Certain Appeals. Notwithstanding any other provision of law to the contrary, any person affected by the final decision of the electricians’ board, established under RSA 319-C:4[, or the state board for the licensing and regulation of plumbers, established under RSA 329-A:3,] may appeal such final decision to the state building code review board established under RSA 155-A:10.
13 Water Well Board; Reference to Plumbers. Amend RSA 482-B:7 to read as follows:
482-B:7 Plumbers Exempted. This chapter shall not restrict a plumber from engaging in the trade for which the plumber has been licensed if such plumber holds a pump installer’s license. No examination shall be required for a person who is a plumber licensed [under RSA 329-A] under RSA 153:27-a and holds a valid pump installer’s license on the effective date of this section.
14 Application of Act; Transition.
I. Plumbers licensed by the board, established in RSA 329-A, prior to repeal by this act shall continue to be validly licensed until expiration, suspension, or revocation of the license by the mechanical licensing board according to RSA 153:27-37 as amended by this act.
II. Rules of the plumbers board adopted under the provisions of RSA 329-A shall continue to be effective until amended, replaced, superseded, or repealed by the mechanical licensing board pursuant to RSA 153:28.
III. Water treatment technicians certified by the plumbers board prior to the repeal by this act shall continue to be validly certified until expiration, suspension, or revocation of the certification by the mechanical licensing board according to RSA 153:38 as inserted by this act.
15 Repeals. The following are repealed:
I. RSA 329-A, relative to the regulation of plumbers by the plumbers board.
II. RSA 6:12, I(b)(202) relative to designation of moneys deposited in the plumbers board account.
III. RSA 21-P:14, II(ee), relative to rulemaking authority of the commissioner of safety on licensing fuel gas fitters.
IV. RSA 153:16-c, II, relative to the duties of the heating system certification advisory committee.
16 Effective Date. This act shall take effect July 1, 2012.
LBAO
11-0381
Revised 02/03/11
HB 517 FISCAL NOTE
AN ACT 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.
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