CHAPTER 206

HB 1711-FN – FINAL VERSION

09Mar2006… 1206h

09Mar2006… 1246h

04/20/06 1794s

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

AMENDED ANALYSIS

This bill establishes the licensure of fuel gas fitters by the commissioner 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09Mar2006… 1206h

09Mar2006… 1246h

04/20/06 1794s

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:

206:1 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 153:27-37 regulating fuel gas fitters.

206:2 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 153:27-37.

206:3 New Subdivision; Fuel Gas Fitters. Amend RSA by inserting after RSA 153:26 the following new subdivision:

Fuel Gas Fitters

153:27 Definitions. In this subdivision:

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

II. “Fuel gas fitter” means a hearth system installation and service technician, a liquefied propane installation technician, a liquefied propane service technician, a natural gas installation technician, a natural gas service technician, or a piping installer regulated by this subdivision.

III. “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.

IV. “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.

V. “Liquefied propane 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.

VI. “Liquefied propane 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.

VII. “License” means any license issued pursuant to this subdivision, including any specialty license.

VIII. “Natural 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 natural gas.

IX. “Natural gas service technician” means any person engaged in the service 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 natural gas.

X. “Person” means a natural person, corporation, partnership, association, trust, or other entity capable of holding title to real property, or any combination thereof.

XI. “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 commissioner 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.

153:28 Powers and Duties of the Commissioner; Rulemaking.

I. The commissioner shall adopt rules under RSA 541-A necessary for the proper performance of the state fire marshal’s duties to implement 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) Liquefied propane installation technician.

(3) Liquefied propane service technician.

(4) Natural gas installation technician.

(5) Natural gas service technician.

(6) Piping installer.

(b) Standards for license renewal and continuing education requirements. Continuing education requirements may be fulfilled in full or in part by existing training programs approved by the commissioner. The rules shall address continuing education requirements for each specialty license, including but not limited to the number of hours of continuing education for each specialty license, and education applicable to holders of multiple specialty licenses.

(c) The commissioner shall adopt rules relative to the establishment of application fees for licensure, for renewal, and for late renewal of licenses under this subdivision. The fee for examination by third parties shall be separate from the fees established by the commissioner.

(d) After the first year, 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 by RSA 21-P:12-d.

II. The commissioner shall adopt technical standards for fuel gas fitting by rule under RSA 541-A. The state fire marshal shall adopt the most recent edition of the national fuel gas code adopted by the state under RSA 153:5.

III. The state fire marshal shall administer, and enforce the provisions of this subdivision. The heating system certification advisory committee established under RSA 153:16-c shall assist the state fire marshal in carrying out the duties under this subdivision by providing advice regarding:

(a) Developing rules required for this subdivision.

(b) Implementing the licensing requirements under this subdivision.

153:29 Examinations; Licenses.

I. The commissioner shall establish, through rulemaking pursuant to RSA 541-A, the nature of the examinations required for issuance of fuel gas fitter licenses. The scope of such examinations and the methods of procedure shall be prescribed by the commissioner. This may include an outside organization approved by the commissioner.

II. Each license issued by the commissioner shall identify which of the following special licenses applies to the licensee:

(a) Hearth system installation and service technician.

(b) Liquefied propane installation technician.

(c) Liquefied propane service technician.

(d) Natural gas installation technician.

(e) Natural gas service technician.

(f) Piping installer.

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. The license shall be available for inspection on request. The commissioner shall issue both a wall license and a license suitable to be carried by the individual licensee.

153:30 Expiration and Renewal.

I. Licenses shall be renewed as follows:

(a) All licenses shall expire every 2 years on the last day of the month of the holder’s 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 fails to renew his or her license prior to expiration, the person 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) 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) Applicants for license renewal shall provide to the commissioner evidence of completion of continuing education within the previous 24-month period.

II. Upon the request of a licensed fuel gas fitter 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 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.

153:31 Emergencies. The commissioner is authorized, at his or her discretion, to waive the requirements of this subdivision for the purpose of restoring service during an emergency.

153:32 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 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;

(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 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 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 pursuant to RSA 541-A, unless waived by the licensee; 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.

153:33 Appeals. Any person affected by a final decision of the commissioner may appeal such final decision pursuant to RSA 541.

153:34 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 subdivision shall have the authority to enter any premises in which a fuel gas fitter 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 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 within an existing single family, stand alone 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 paragraph 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.

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.

153:37 Penalties.

I. Any person who performs fuel gas fitting without first having obtained a license, shall be guilty of a misdemeanor.

II. Any person 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 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.

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.

206:4 Certification of Heating Equipment Installers. Amend the section heading of RSA 153:16-b and RSA 153:16-b, I and II to read as follows:

153:16-b Certification of Heating Equipment Installers[,] and Heating Equipment Service Personnel[, and Gas Piping 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 [commercial] non-residential heating equipment systems, [domestic] water heating systems, or appliances using heating oil[, liquefied petroleum gas (propane), or natural gas].

(b) Individuals involved in the servicing and repair of heating equipment, [domestic] water heating systems, or appliances using heating oil[, liquefied petroleum gas, or natural gas.

(c) Individuals involved in the installation of gas piping for heating systems, domestic 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 installers].

206:5 Transition; Certified Installers. Individuals certified as gas piping installers or hearth system installers under RSA 153:16-b immediately prior to the effective date of this act, shall be permitted to continue practicing as certified gas piping installers or hearth system installers for one year following the adoption of rules by the commissioner under RSA 153:28. Following the one-year period all such persons shall be required to be licensed pursuant to RSA 153:27-37.

206:6 Short Title. This act shall be known as “Amilia’s Law.”

206:7 Effective Date. This act shall take effect January 1, 2007.

Approved: May 31, 2006

Effective: January 1, 2007