Amilia's law

HB 1711-FN – AS INTRODUCED

2006 SESSION

06-2378

10/09

HOUSE BILL 1711-FN

AN ACT relative to the regulation of fuel gas fitters.

SPONSORS: Rep. Mitchell, Ches 7; Rep. S. Francoeur, Rock 15; Rep. DiFruscia, Rock 4; Sen. Kenney, Dist 3

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes the licensure of fuel gas fitters by the department of safety.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2378

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the regulation of fuel gas fitters.

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

1 New Paragraph; Department of Safety; State Fire Marshal; Fuel Gas Fitter Regulation. Amend RSA 21-P:12 by inserting after paragraph VI the following new paragraph:

VII. Administration, supervision, and enforcement of RSA 329-B regulating fuel gas fitters.

2 New Subparagraph; Department of Safety; Fuel Gas Fitters. Amend RSA 21-P:14, II by inserting after subparagraph (dd) the following new subparagraph:

(ee) Licensing fuel gas fitters, as authorized by RSA 329-B.

3 New Chapter; Fuel Gas Fitters. Amend RSA by inserting after chapter 329-A the following new chapter:

CHAPTER 329-B

FUEL GAS FITTERS

329-B:1 Definitions. In this chapter:

I. “Apprentice fuel gas fitter” means a person other than a master or journeyman gas fitter, who is engaged in learning and assisting in the installation of gas pipe, equipment, apparatus, and appliances, and shall work directly under the supervision of a journeyman or master gas fitter, and who has successfully fulfilled requirements of the commissioner.

II. “Commissioner” means the commissioner of the department of safety.

III. “Fuel gas fitting” means the installation, repair of pipes, fixtures, fittings, appliances, or apparatus necessary for supplying natural gas or propane for residential or commercial 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.

IV. “Journeyman fuel gas fitter” means a person who engages in or works at the actual installation, repair, or replacement of fuel gas fittings, who has successfully fulfilled the examination requirements of the board, has been issued a journeyman gas fitter license by the commissioner, and possesses a valid and current annual license issued by the commissioner. The license shall be available for inspection on request.

V. “Master fuel gas fitter” means any person engaged in or proposing to engage in the business of contracting to do, or of superintending the installation, maintenance, or repair of fuel gas fittings. The individual shall qualify to be a master gas fitter. If the business is a firm or corporation, at least one active employee of the firm or corporation shall be a duly licensed master gas fitter, actively and continuously connected with the conduct of said business. The master gas fitter shall have in his or her possession a current annual license issued by the board. The license shall be available for inspection on request.

329-B:2 Powers and Duties of the Commissioner.

I. The commissioner shall adopt rules under RSA 541-A necessary for the proper performance of the commissioner’s duties to implement the licensure requirements established by this chapter, which may include the following:

(a) Standards regarding education or its equivalent and experience requirements for applicants for licensure.

(b) Standards for license renewal.

(c) All fees required under this chapter.

II. The commissioner may adopt technical standards for fuel gas fitting by rule under RSA 541-A. The commissioner may adopt by rule national or other technical standards, in whole or in part, necessary to carry out the mandates of this chapter.

III. The commissioner shall designate the state fire marshal to supervise, administer, and enforce the provisions of this chapter.

329-B:3 Examinations; Licenses. The commissioner shall establish through rulemaking pursuant to RSA 541-A the nature of the examinations required for issuance of master fuel gas fitter licenses, journeyman fuel gas fitter licenses, and apprentice fuel gas fitter registration. The scope of such examinations and the methods of procedure shall be prescribed by the commissioner.

329-B:4 Licenses; Master Fuel Gas Fitters. Any person who, having held a journeyman fuel gas fitters license for at least 12 months, shall, upon the payment of a fee established by the commissioner, be entitled to an examination and, if found qualified, be licensed as a master fuel gas fitter. A license issued under this section shall be publicly displayed at the licensee’s principal place of business for as long as such business continues. Any person refused a license may be reexamined as often as such person may desire upon payment of a fee established by the commissioner.

329-B:5 Licenses; Journeyman Fuel Gas Fitters. Any person who, having successfully completed his or her apprenticeship in fuel gas fitting, has received an official completion certificate from the organization conducting the program shall, upon payment of a fee established by the commissioner, be entitled to examination and, if found qualified, be licensed as a journeyman fuel gas fitter. A license issued under this section shall be carried on the person licensed and displayed at any time upon request. Any journeyman fuel gas fitter refused a license may be reexamined as often as he or she may desire upon payment of a fee established by the commissioner.

329-B:6 Expiration and Renewal.

I. Licenses shall be renewed as follows:

(a) All licenses shall expire each year on the last day of the month of the holder’s birth. The commissioner shall renew a valid license issued under this chapter on receipt of an application for renewal and the required fee before the expiration date of the license.

(b) If a person, firm, corporation, or limited liability company fails to renew his or her license prior to expiration, the person may reinstate the license 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) 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 329-B:4 or RSA 329-B:5 subsequent to its expiration.

(d) Applicants for license renewal shall provide to the commissioner evidence of completion of continuing education within the previous 12-month period.

II. Upon the request of a master or a journeyman fuel gas fitter who is serving in the armed forces of the United States, the commissioner 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.

329-B:7 Disciplinary Action.

I. The commissioner may undertake disciplinary proceedings:

(a) Upon his or her own initiative; or

(b) Upon written complaint of any person which charges that a person licensed by the commissioner has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;

(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;

(d) Unfitness or incompetency 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 chapter;

(f) Mental or physical incompetency to practice under this chapter;

(g) Willful or repeated violation of the provisions of this chapter; or

(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.

III. The commissioner 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;

(c) By revocation of license; or

(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.

329-B:8 Appeals. Any person affected by a final decision of the commissioner may appeal such final decision pursuant to RSA 541.

329-B:9 Inspectors.

I. The commissioner 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.

II. An inspector appointed under this section shall have the authority to enter any premises in which a fuel gas fitter subject to regulation has performed work regulated under this chapter for the purpose of making such inspection as is necessary to carry out his or her duties under this section.

III. Any inspector may order the removal or correction of any violation of this chapter.

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.

329-B:10 Local Enforcement. The rules adopted pursuant to RSA 329-B:2, I, 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 chapter.

329-B:11 Exception. The license requirements of this chapter shall not apply to anyone who performs fuel gas fitting within an existing structure owned or occupied by the person who performs the fuel gas fitting work, and such structure is used as the individual’s primary residence. Notwithstanding any provision to the contrary, any person who is exempt under this chapter shall perform fuel gas fitting work 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 performed.

329-B:12 Penalties.

I. Any person, firm, corporation, or limited liability company which performs fuel gas fitting without first having obtained a license under this chapter shall be guilty of a misdemeanor.

II. Any person, firm, corporation, or limited liability company which performs fuel gas fitting without first having obtained a license, or violates any rule adopted under RSA 329-B:2 or whoever violates any ordinance or bylaw enacted pursuant to the provisions of RSA 329-B:10 shall be guilty of a misdemeanor.

III. Any person, firm, corporation, or limited liability company which procures any license based upon inaccurate information contained on an application, procures any license by fraud, shall be guilty of a misdemeanor.

IV. The penalties in this section shall not apply until after one calendar year following the effective date of this chapter.

4 Effective Date. This act shall take effect January 1, 2007.

LBAO

06-2378

Revised 12/21/05