Saf-C 8000 Licensing of fuel Gas Fitters and Fuel Gas Fitting Business Entitites

CHAPTER Saf-C 8000 LICENSING OF FUEL GAS FITTERS AND FUEL GAS FITTING BUSINESS ENTITIES

Statutory Authority: RSA 153:28

PART Saf-C 8001 PURPOSE AND SCOPE

Saf-C 8001.01 Purpose. The purpose of these rules is to establish the procedures and guidelines for the licensing of fuel gas fitters and fuel gas fitting business entities in New Hampshire.

Source. #8954, eff 7-21-07; ss by #9542, eff 9-10-09

Saf-C 8001.02 Scope.

(a) These rules shall establish standards for the minimum requirements for education, field experience and testing for applicants seeking licensure to become a fuel gas fitter and business entities seeking licensure in the following categories:

(1) Individuals or business entities engaged in the installation of residential and non-residential gas appliances and any other gas utilization equipment using liquefied propane gas or natural gas;

(2) Individuals or business entities engaged in the servicing and repair of residential and non-residential gas appliances and any other gas utilization equipment using liquefied propane gas or natural gas;

(3) Individuals or business entities engaged in the installation, servicing, or removal of gas piping for residential and non-residential gas appliances and any other gas utilization equipment using liquefied propane gas or natural gas and;

(4) Individuals or business entities engaged in the installation, servicing or repair of hearth systems using liquefied propane gas or natural gas.

(b) These rules shall not apply to anyone who:

(1) Performs fuel gas fitting within an existing single family, stand alone structure owned or occupied by the person who is performing the fuel gas fitting work; or

(2) Performs tasks covered by the federal and state regulation of public utilities, pursuant to RSA 153:36, II.

(1) Performs fuel gas fitting within an existing single family, stand alone structure owned or occupied by the person who is performing the fuel gas fitting work, and such structure is used as the individual’s primary residence; or

(2) Performs tasks covered by the federal and state regulation of public utilities, pursuant to RSA 153:36, II.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

PART Saf-C 8002 DEFINITIONS

Saf-C 8002.01 “Business entity” means a corporation, limited liability company, partnership or other company engaged in fuel gas-fitting work. The term includes limited liability partnerships and limited partnerships.

Source. #9542, eff 9-10-09

Saf-C 8002.02 “Commissioner” means the commissioner of the department of safety or his designee.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.01); EXPIRED: 7-21-14

Saf-C 8002.03 “Designee” means a responsible managing employee who represents the business entity as the licensee of record.

Source. # #9542, eff 9-10-09

Saf-C 8002.04 “Fuel gas fitter” means “fuel gas fitter” as defined in RSA 153:27, II.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.02); EXPIRED: 7-21-14

Saf-C 8002.05 “Fuel gas fitting” means “fuel gas fitting” as defined in RSA 153:27, III.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.03); EXPIRED: 7-21-14

Saf-C 8002.06 “Gas utilization equipment” means any device that uses gas as a fuel or raw material or both.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.04); EXPIRED: 7-21-14

Saf-C 8002.07 “Hearth system” means gas burning appliance offering a decorative view of the flames, the connector pipe to the equipment shut off valve, and the venting system. Gas burning hearth systems include gas log sets, fireplaces, fireplace inserts and freestanding stoves.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.05); EXPIRED: 7-21-14

Saf-C 8002.08 “Hearth system installation and service technician” means “hearth system installation and service technician” as defined in RSA 153:27, IV.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.06); EXPIRED: 7-21-14

Saf-C 8002.09 “Liquefied propane gas” means liquefied petroleum gas.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.07); EXPIRED: 7-21-14

Saf-C 8002.10 “Liquefied propane installation technician” means “liquefied propane installation technician” as defined in RSA 153:27, V.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.08); EXPIRED: 7-21-14

Saf-C 8002.11 “Liquefied propane service technician” means “liquefied propane service technician” as defined in RSA 153:27, VI.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.09); EXPIRED: 7-21-14

Saf-C 8002.12 “License” means “license” as defined in RSA 153:27, VII.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.10); EXPIRED: 7-21-14

Saf-C 8002.13 “National Fuel Gas Code” means the NFPA 54 pamphlet published by the National Fire Protection Association adopted pursuant to authority granted by RSA 153:5.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.11); EXPIRED: 7-21-14

Saf-C 8002.14 “Natural gas installation technician” means “natural gas installation technician” as defined in RSA 153:27, VIII.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.12); EXPIRED: 7-21-14

Saf-C 8002.15 “Natural gas service technician” means “natural gas service technician” as defined in RSA 153:27, IX.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.13); EXPIRED: 7-21-14

Saf-C 8002.16 “Person” means “person” as defined in RSA 153:27, X.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.14); EXPIRED: 7-21-14

Saf-C 8002.17 “Piping installer” means “piping installer” as defined in RSA 153:27, XI.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.15); EXPIRED: 7-21-14

Saf-C 8002.18 “Point of delivery” means from the outlet of the gas meter, second stage regulator, or the outlet of the integral 2-stage or single stage regulator.

Source. #8954, eff 7-21-07, renumbered by #9542 (from Saf-C 8002.16); EXPIRED: 7-21-14

Saf-C 8002.19 “Responsible managing employee (RME)” means the designee of the business entity who holds either a current and valid liquefied propane gas service technician license or a natural gas service technician license.

Source. #9542, eff 9-10-09

Saf-C 8002.20 “Sole shareholder” means any person who operates his/her business entity as its only shareholder, with no other employees and who has registered the business entity as a corporation, with the person holding all offices of the corporation.

Source. #9542, eff 9-10-09

PART Saf-C 8003 GENERAL RULES

Saf-C 8003.01 General License Rules.

(a) No person shall engage in the business or work as a fuel gas fitter unless the person is lawfully licensed as provided by this chapter.

(b) No individual license shall be granted to any person less than 18 years of age.

(c) An initial individual license shall be issued for 2 years, except that it shall expire on the last day of the month of the holder’s birth.

(d) Unless otherwise stated in these rules, all applications and documentation shall be signed by the applicant under the penalty of unsworn falsification pursuant to RSA 641:3.

(e) An individual who meets the qualifications for service technician shall be deemed to be qualified as an installation technician, hearth system installation and service technician, and piping installer.

(f) An individual who meets the qualifications for installation technician shall be deemed to be qualified as a hearth system installer and service technician and a piping installer.

(g) A business entity license shall be issued for 2 years, expiring on the last day of December.

(h) A license shall be issued to a business entity without examination or continuing education, provided that one or more officers of the business entity or designee hold a current and valid liquefied propane gas service technician license or a natural gas service technician license.

(i) All business entities shall be registered with the NH secretary of state’s office. A foreign business entity shall be registered with the NH secretary of state’s office as a foreign business entity doing business in NH.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8003.02 Trainees.

(a) An individual who is in the process of meeting the requirements of Saf-C 8004 shall be issued a restricted specialty license for the applicable sections in Saf-C 8004.01 through Saf-C 8004.05. The license shall be clearly marked “IN TRAINING”.

(b) The restriction for a license issued pursuant to (a) above shall require the license holder to be supervised by a specialty license holder in the same specialty or higher qualified. The ratio between licensee and in-training licensee shall be no more than 2:1.

Source. #8954, eff 7-21-07

Saf-C 8003.03 Testing. All new applicants shall successfully pass a written test with a score of at least 70% relevant to the educational requirements, including NFPA 54, National Fuel Gas Code, set forth in each of the specialty licenses listed in Saf-C 8004.

Source. #8954, eff 7-21-07; ss by #9542, eff 9-10-09

Saf-C 8003.04 Education. All new applicants shall demonstrate completion of the educational requirements for the specialty license applied for by certificate or other means of proof of completion of the required educational training. Examples of educational programs that have been deemed to meet the requirements of these rules pursuant to Saf-C 8010, may be found in Appendix A.

Source. #8954, eff 7-21-07

Saf-C 8003.05 Existing Technicians as of January 1, 2007.

(a) Individual technicians working in gas fitting prior to January 1, 2007 and applying for a license prior to November 1, 2009 may apply for a license by providing an affidavit, signed by the technician and notarized, that the technician has:

(1) A minimum of 8,000 hours of field experience relevant to the installation and service of gas appliances and equipment; and

(2) Has received educational training for installation and service of gas appliances and equipment.

(b) At the first renewal of the technician’s license, the technician shall provide proof of completion of an 8 hour NFPA 54 National Fuel Gas Code class or an approved test on NFPA 54 National Fuel Gas Code. This shall be in addition to the required continuing education pursuant to Saf-C 8008.02 (a)(4). An individual that fails to meet this requirement shall be required to meet all requirements for new applicants.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

PARTA Saf-C 8004 SPECIALTY LICENSES

Saf-C 8004.01 Piping Installer.

(a) A piping installer specialty license shall be provided to individuals who install propane and natural gas piping from the point of delivery to gas appliance(s) or other gas utilization equipment.

(b) To qualify for a gas piping installer license, an individual who is not in the armed forces pursuant to (c) below, shall demonstrate the following:

(1) A minimum of 48 hours of educational training which covers the following subject matter:

a. Basic gas theory involving a thorough understanding of the physical properties and characteristics of propane and natural gas;

b. Piping installation involving review of gas pipe sizing, gas pipe material selection, proper installation, pressure and leak testing of gas distribution piping and appliances; and

c. NFPA 54, National Fuel Gas Code, as it relates to a. and b. above; and

(2) A minimum of 1,000 working hours of on-the-job experience in the trade relevant to the installation of gas piping within 60 consecutive months.

(c) An individual who is in the armed services, as defined in RSA 21:50, II, shall provide proof of direct relevant training and experience acquired in the armed services that demonstrates that the individual has completed both the educational and field experience requirements set forth in (b) above.

(d) Notwithstanding any rule to the contrary, a NH licensed plumber who demonstrates that he or she is licensed in good standing, shall be qualified for a gas piping installer license once he or she demonstrates successful completion of (b)(1) above.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8004.02 Liquefied Propane Gas Installation Technician.

(a) A liquefied propane gas installation technician specialty license shall be provided to any individual engaged in the installation of propane gas piping from the point of delivery to the appliance(s) and/or the installation of gas appliances and any other gas utilization equipment using liquefied petroleum gas.

(b) To qualify for a liquefied propane gas installation technician specialty license, an individual who is not in the armed forces pursuant to (e) below, shall demonstrate the following:

(1) A minimum of 72 hours of educational training in the following subject matter:

a. Basic gas theory involving a thorough understanding of the physical properties and characteristics of propane;

b. Liquefied propane gas piping installation involving gas pipe sizing, gas pipe material selection, proper installation, pressure and leak testing of propane gas distribution piping and appliances;

c. Placing propane utilization equipment into service while controlling propane/air mixtures for proper combustion;

d. Liquefied propane gas equipment installation including clearance to combustibles, combustion, dilution, and ventilation air requirements to determine if a space is confined or unconfined;

e. Liquefied propane gas equipment venting including venting categories, vent materials, vent sizing and clearances; and

f. NFPA 54, National Fuel Gas Code, as it relates to the items above.

(2) A minimum of 2000 hours of field experience relevant to the installation of liquefied propane gas piping liquefied propane gas appliances or liquefied propane gas utilization equipment within 60 consecutive months.

(c) Notwithstanding any rule to the contrary, an individual who is not in the armed forces pursuant to (e) below, holding a gas piping installer’s license pursuant to Saf-C 8004.01 wishing to ascend to this licensing level shall demonstrate:

(1) Successful completion of a formal educational program of at least 24 hours approved pursuant to Saf-C 8010 in the subject matter prescribed by (b)(1) c - f above; and

(2) A minimum of 1,000 hours of field experience relevant to the installation of liquefied propane gas appliances or liquefied propane gas utilization equipment within 60 consecutive months.

(d) Notwithstanding any rule to the contrary, an applicant meeting the experience requirements for a natural gas installation technician specialty license pursuant to Saf-C 8004.03, shall be deemed to meet the experience requirements for this section.

(e) An individual who is in the armed services, as defined in RSA 21:50, II, shall provide proof of direct relevant training and experience acquired in the armed services that demonstrates that the individual has completed both the educational and field experience requirements set forth in (b) and (c) above.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8004.03 Natural Gas Installation Technician.

(a) A natural gas installation technician specialty license shall be provided to individuals engaged in the installation of natural gas piping from the point of delivery to the appliance(s) and/or the installation of residential or non-residential gas appliances or other gas utilization equipment using natural gas.

(b) To qualify for a natural gas installation technician specialty license, an individual who is not in the armed forces pursuant to (e) below, shall demonstrate the following:

(1) A minimum of 72 hours of educational training in the following subject matter:

a. Basic gas theory involving a thorough understanding of the physical properties and characteristics of natural gas;

b. Natural gas piping installation involving gas pipe sizing, gas pipe material selection, proper installation, pressure and leak testing of natural gas distribution piping and appliances;

c. Placing natural gas utilization equipment into service while controlling natural gas/air mixtures for proper combustion;

d Natural gas equipment installation including clearance to combustibles, combustion, dilution, and ventilation air requirements to determine if a space is confined or unconfined;

e. Natural gas equipment venting including venting categories, vent materials, vent sizing and clearances; and

f. NFPA 54, National Fuel Gas Code, as it relates to the items above; and

(2) The applicant shall demonstrate a minimum of 2000 hours of field experience relevant to the installation of natural gas piping, natural gas appliances or natural gas utilization equipment within 24 consecutive months.

(1) Successful completion of a formal educational program of at least 24 hours approved pursuant to Saf-C 8010 in the subject matter prescribed by (b)(1)c - f above; and

(2) A minimum of 1,000 hours of field experience relevant to the installation of natural gas appliances or natural gas utilization equipment within 60 consecutive months.

(d) Notwithstanding any rule to the contrary, an applicant meeting the experience requirements for a liquefied propane gas installation technician specialty license pursuant to Saf-C 8004.02, shall be deemed to meet the experience requirements for this section.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8004.04 Liquefied Propane Gas Service Technician.

(a) A liquefied propane gas service technician specialty license shall be provided to individuals engaged in the servicing and repair of liquefied propane gas piping from the point of delivery to the appliance(s) and/or the service and repair of residential or non-residential gas appliances and any other gas utilization equipment using liquefied propane gas.

(b) An individual for the liquefied propane gas service technician specialty license, who is not in the armed forces pursuant to (e) below, shall demonstrate the following:

(1) A minimum of 96 hours of educational training in the following subject matter:

a. All of the criteria specified in Saf-C 8004.02 (b) (1); and

b. Troubleshooting electrical circuits and control devices while measuring electrical quantities using an electrical meter;

c. Identifying operating characteristics and components of common sensing devices;

d. Gas pressure measurements including supply and appliance burner pressure detection;

e. Ignition safety systems including the 100 percent pilot safety shut-off and other electronic safety shut-off devices;

f. Flue gas analysis and carbon monoxide detection; and

g. NFPA 54, National Fuel Gas Code, as it relates to the items above; and

(2) A minimum of 5000 hours of field experience relevant to the installation or servicing of liquefied propane gas piping, liquefied propane gas appliances or liquefied propane gas utilization equipment within 60 consecutive months.

(c) Notwithstanding any rule to the contrary, an individual who is not in the armed forces pursuant to (e) below, holding a liquefied propane gas installation technician license pursuant to Saf-C 8004.02 and wishing to ascend to this licensing level shall demonstrate:

(1) Successful completion of a formal educational program of at least 24 hours approved pursuant to Saf-C 8008 in the subject matter prescribed by (b)(1) b. – g. above; and

(2) A minimum of 3,000 hours of field experience relevant to the service of liquefied propane gas appliances or liquefied propane gas utilization equipment within 60 consecutive months by affidavit documenting employment.

(d) Notwithstanding any rule to the contrary, an applicant meeting the experience requirements for a natural gas service technician specialty license pursuant to Saf-C 8004.05 shall be deemed to meet the experience requirements for this section.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8004.05 Natural Gas Service Technician.

(a) A natural gas service technician specialty license shall be provided to individuals engaged in the servicing and repair of natural gas piping from the point of delivery to the appliance(s) and/or the service and repair of residential or non-residential gas appliances and any other gas utilization equipment using natural gas.

(b) An individual for the natural gas service technician specialty license, who is not in the armed forces pursuant to (e) below, shall demonstrate the following:

(1) A minimum of 96 hours of educational training in the following subject matter:

a. All of the criteria specified in Saf-C 8004.03 (b) (1);

b. Troubleshooting electrical circuits and control devices while measuring electrical quantities using an electrical meter;

c. Identifying operating characteristics and components of common sensing devices;

d. Gas pressure measurements including supply and appliance burner pressure detection;

e. Ignition safety systems including the 100 percent pilot safety shut-off and other electronic safety shut-off devices;

f. Flue gas analysis and carbon monoxide detection; and

g. NFPA 54, National Fuel Gas Code, as it relates to the items above; and

(2) A minimum of 5000 hours of field experience relevant to the installation or servicing of natural gas piping, natural gas appliances or natural gas utilization equipment within 60 consecutive months.

(c) Notwithstanding any rule to the contrary, an individual who is not in the armed forces pursuant to (e) below, holding a natural gas installation technician license pursuant to Saf-C 8004.03 and wishing to ascend to this licensing level shall demonstrate:

(1) Successful completion of a formal educational program of at least 24 hours approved pursuant to Saf-C 8010 in the subject matter prescribed by (b)(1) b – g above; and

(2) A minimum of 3,000 hours of field experience relevant to the service of natural gas appliances or natural gas utilization equipment.

(d) Notwithstanding any rule to the contrary, an applicant meeting the experience requirements for a liquefied propane gas service technician specialty license pursuant to Saf-C 8004.04 shall be deemed to meet the experience requirements of this section.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8004.06 Hearth System Installation and Service Technician.

(a) A hearth system installation and service technician specialty license shall be provided to individuals engaged in the installation, servicing, and repair of liquefied propane gas or natural gas hearth appliances and venting systems.

(b) An individual for the hearth system installation and service technician specialty license, who is not in the armed forces pursuant to (c) below, shall demonstrate the following:

(1) A minimum of at least 48 hours of educational training which covers the following subject matter:

a. Basic gas theory involving a thorough understanding of the physical properties and characteristics of propane;

b. Liquefied propane gas and natural gas piping installation involving gas pipe sizing, gas pipe material selection, proper installation, pressure and leak testing of propane gas and natural gas distribution piping and appliances;

c. Placing propane and natural gas utilization equipment into service while controlling propane/air mixtures for proper combustion;

d. Liquefied propane gas and natural gas equipment installation including clearance to combustibles, combustion, dilution, and ventilation air requirements to determine if a space is confined or unconfined;

e. Liquefied propane gas and natural gas equipment venting including venting categories, vent materials, vent sizing and clearances;

f. Diagnostics of hearth system appliances;

g. Troubleshooting hearth system appliances;

h. Gas Pressure measurements and detection, flue gas analysis and leak detection;

i. Ignition control systems; and

j. NFPA 54, National Fuel Gas Code, as it relates to the items above; and

(2) A minimum of 2000 hours of field experience relevant to the installation and service of hearth appliances and hearth appliance venting systems within 60 consecutive months.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8004.07 Business Entity License.

(a) A license shall be issued to any business entity, as defined in Saf-C 8002.01, engaged in the servicing, repair, installation or demolition of fuel gas piping systems, fuel gas utilization systems and fuel gas appliances, including the installation, combustion air supply and venting of fuel gas utilization equipment using liquefied propane gas or natural gas.

(b) No license shall be issued to any business entity that does not show proof of good standing with the NH secretary of state’s office.

(c) Each business entity shall provide a responsible managing employee, as defined in Saf-C 8002.19, to represent the business entity as the licensee of record.

(d) Each responsible managing employee shall:

(1) Be the business entity’s principle officer or other employee who is an active participant in the business;

(2) Possess a current and valid liquefied propane gas service technician license or a natural gas service technician license; and

(3) Agree to act on behalf of the business entity as the licensee of record.

(e) The business entity shall notify the state fire marshal’s office within 30 days of the death or termination of a responsible managing employee’s status.

Source. #9542, eff 9-10-09

PART Saf-C 8005 ORIGINAL LICENSE

Saf-C 8005.01 Application for Original License.

(a) An applicant for an original specialty license(s) shall submit the following to the state fire marshal’s office:

(1) A completed initial application, form DSFM 123;

(2) The applicable fee, as set forth in Saf-C 8009.01;

(3) Evidence of the required field experience set forth in these rules;

(4) 2 passport size photos; and

(5) A copy of documentation evidencing successful completion of the educational requirements for the applicable license(s), pursuant to these rules.

(b) An incomplete application shall be returned to the applicant with an explanation as to why the application is being returned.

(1) A completed initial application, form DSFM 132;

(2) The applicable fee, as set forth in Saf-C 8009.01;

(3) Documentation showing proof of good standing with the NH secretary of state’s office; and

(4) Documentation showing proof of current and valid license for the responsible managing employee.

(d) An incomplete business entity application shall be returned to the applicant with an explanation as to why the application is being returned.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8005.02 Issuance of Original License.

(a) An individual applicant who meets the educational and licensing requirements in accordance with these rules and who submits a completed application, pursuant to Saf-C 8005.01, shall be issued a pocket card and wall license.

(b) The individual licensee pocket card, DSFM 126, and wall certificate, DSFM 125, shall contain at minimum the following:

(1) The individual’s name;

(2) The individual’s photo;

(3) The license number;

(4) The type of specialty license;

(5) The date of issuance; and

(6) The expiration date of the license.

(1) The individual’s name;

(2) The license number;

(3) The type of specialty license;

(4) The date of issuance; and

(5) The expiration date of the license.

(d) All individual licenses issued shall expire on the last day of the month of the applicant’s birthday, 2 years from the date of issuance.

(e) A business entity that meets the licensing requirements in accordance with these rules and who submits a completed application pursuant to Saf-C 8005.01(c), shall be issued a wall certificate.

(f) The business entity wall certificate shall contain at minimum the following:

(1) The business entity’s name;

(2) The business entity’s license number;

(3) The responsible managing employee’s name;

(4) The responsible managing employee’s license number;

(5) The expiration date of the responsible managing employee’s license number; and

(6) The expiration date of the business entity’s license number.

(g) All business entity licenses shall expire on the last day of December in each 2-year period.

Source. #8954, eff 7-21-07; ss by #9542, eff 9-10-09

Saf-C 8005.03 Change of Address.

(a) All license holders shall notify the department in writing of any change of address within 30 days of such change.

(b) Written notification shall be sent to the following address:

NH State Fire Marshal’s Office

Division of Fire Safety

33 Hazen Drive

Concord, NH 03305

Source. #8954, eff 7-21-07

Saf-C 8005.04 Display of License. All license holders shall carry the pocket card when acting in the course of his or her trade and shall display the pocket card upon request of an inspector or customer.

Source. #8954, eff 7-21-07

Saf-C 8005.05 Advertisements and Displays. All individual and business entity license holders who choose to display or advertise to the public shall include their license number on such displays or advertisements.

Source. #9542, eff 9-10-09

PART Saf-C 8006 REQUEST FOR INACTIVE STATUS

Saf-C 8006.01 Request for Inactive Status of License.

(a) Pursuant to RSA 153:30, II, 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 on inactive status may request that his or her license be placed on inactive status.

(b) All requests shall be sent to the address set forth in Saf-C 8005.03(b) above and shall include government documentation of armed forces activation.

Source. #8954, eff 7-21-07

Saf-C 8006.02 Request for Reactivating Status of License.

(a) Within one year of discharge, the department shall return a licensed person to active status upon receipt of:

(1) Payment of the applicable renewal fee;

(2) Evidence of completion of current education requirements, unless still within the renewal period; and

(3) Proof of discharge by the armed forces on an approved government form.

(b) If a licensee fails to request reactivation of his or license within one year of discharge, he or she shall have to make application for an original specialty license and meet all the applicable qualifications.

Source. #8954, eff 7-21-07

PART Saf-C 8007 RECIPROCITY

Saf-C 8007.01 Application for License by Non-New Hampshire License Holder.

(a) The department shall issue an individual license to any applicant who presents evidence of being authorized to perform these duties by another state, jurisdiction or country that maintains professional standards to be equivalent or higher than those set forth in these rules provided that the other state, jurisdiction or country provides a reciprocal privilege for New Hampshire licensees.

(b) An applicant shall submit the following:

(1) Completed application, form DSFM 123;

(2) 2 passport sized photos; and

(3) Applicable fee as set forth in Saf-C 8009;

(d) Copy of:

(1) The license issued by another state, jurisdiction or country; and

(2) Documentation evidencing the other state, jurisdiction or country’s professional standards.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

PART Saf-C 8008 LICENSE RENEWAL

Saf-C 8008.01 Renewal Notice.

(a) The department shall notify the individual license holder by first class mail, at least 30 days prior to the expiration of a license, of the following:

(1) The date that the license expires; and

(2) The requirements for the renewal of the license, pursuant to these rules.

(b) All renewal notices shall be sent to the license holder’s last known address.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8008.02 Requirements for Renewal of License.

(a) Prior to the expiration of his or her license, an individual license holder shall renew his or her specialty license(s) by submitting the following to the state fire marshal’s office:

(1) A completed application form DSFM 123;

(2) One passport sized photo;

(3) Applicable fee; and

(4) Evidence of successful completion of a minimum of 8 hours of technical instruction relevant to the gas industry, 3 hours of which shall be based upon the National Fuel Gas Code as defined in Saf-C 8002.13, during the previous 24 consecutive months.

(b) For the purposes of (a)(4) above:

(1) The successful completion of the minimum 8 hours of technical instruction shall be applied to one or more specialty licenses and shall not mean that a minimum of 8 hours of technical instruction is required for each specialty license applied for;

(2) Courses qualifying for technical instruction shall be designed to assist the licensee in keeping abreast of changing technology, laws, rules and practices which will affect the gas fitting industry; and

(3) A qualifying technical training program may be applied only once toward the requirements for licensing or renewal.

(c) An individual applicant who meets the relicensing requirements pursuant to this section shall be issued a new pocket card and wall certificate.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8008.03 Requirements for Renewal of Business Entity License.

(a) Prior to the expiration of a business entity license, the business entity shall renew the license by submitting the following to the state fire marshal’s office:

(1) The documentation set forth in Saf-C 8005.01(c); and

(2) Applicable fee.

Source. #8954, eff 7-21-07; ss by #9542, eff 9-10-09

Saf-C 8008.04 Late Renewals.

(a) Notwithstanding any rule to the contrary, a license shall be renewed with payment of all applicable fees up to 90 days after the date of its expiration, retroactive to the date of expiration, so long as all other requirements are met in accordance with these rules.

(b) A license holder who submits an application for renewal more than 90 days after the certificate expiration date shall be subject to all requirements governing new applicants under these rules

(c) A late fee shall be assessed against each renewal application that is received after 30 days from the license expiration date.

(d) A reinstatement fee shall be assessed against all renewal applications received after the license expiration date.

Source. #8954, eff 7-21-07

PART Saf-C 8009 APPLICATION AND LICENSE FEES

Saf-C 8009.01 Fees. The following fees shall apply:

(a) Application for an original specialty license is $225.00.

(b) Renewal application fee for a specialty license is $200.00.

(d) Reinstatement fee for specialty license is $125.00.

(e) Replacement of lost or damaged license is $50.00.

(f) Application for original license by non-New Hampshire license holder is $250.00.

(g) Application for a business entity license is $325.00.

(h) Renewal application fee for a business entity license is $300.00.

(i) Late fee for renewal of a business entity license is $100.00.

(j) Reinstatement fee for a business entity license is $150.00.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8009.02 Fees for Multiple Specialty License Holders.

(a) An applicant for multiple specialty licenses shall pay the one fee, as set forth in Saf-C 8009.01.

(b) Notwithstanding (a) above, if an applicant applies for an additional specialty license to be added to an existing license issued pursuant to these rules, the applicant shall be assessed a fee of $50.00.

Source. #8954, eff 7-21-07

PART Saf-C 8010 CRITERIA FOR ACCEPTING TRAINING OR TESTING PROGRAMS

Saf-C 8010.01 Application for Approval.

(a) An entity that wants to have its training program accepted under these rules shall submit to the state fire marshal the following:

(1) A short statement of which specialty license they want to have their training program evaluated for including but not limited to the educational requirements set forth in Part Saf-C 8004;

(2) The training program’s curriculum;

(3) A copy of the training program’s educational material;

(4) A statement demonstrating the method by which the subject matter will be delivered to the student; and

(5) A statement demonstrating:

a. The integrity and proctoring of exams;

b. The educational subject matter incorporated in the tests.

(b) Upon receipt of a request for approval of its training program, the state fire marshal shall schedule a time for the entity to provide a presentation to the commissioner or designee.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8010.02 Testing Organization Approval.

(a) Entities seeking approval of their testing program shall submit to the state fire marshal the following:

(1) A short statement of the specialty license for which the entity wants its testing program to be evaluated;

(2) The testing administration procedure;

(3) Evidence of the following standards of exam integrity:

a. Tests shall be validated by the testing entity, biannually, to insure reliability to current industry standards, accepted practices and concurrence with applicable NFPA standards;

b. Tests shall be maintained in a manner that demonstrates the highest regard for test security, including secured in a locked cabinet when not in use; and

c. The testing entity shall notify the state fire marshal of its biannual validation of tests pursuant to a. above; and

(4) Evidence of the following standards for the proctoring of exams:

a. Tests shall be administered only to those candidates that have met all of the prerequisites for the specific test being administered;

b. Test proctors and examiners shall not have been the candidate’s instructor for the specialty license they are administering unless previously registered and approved by the institution’s appropriate testing organization and the department of safety;

c. Proctors shall monitor the registration process for all examinations;

d. Candidates shall be required to show proof of positive identification by means of a government issued photo identification;

e. Testing environment shall be as comfortable as possible with regard to temperature, light and seating arrangements;

f. Candidates shall not be permitted to bring any electronic devices into an exam, however, where exams require mathematical calculation, a non-programmable calculator shall be permitted;

g. Candidates shall be adequately spaced so that they cannot readily view the exam documents of other candidates; and

h. Alternative proctoring methods, such as oral examination shall be permitted provided that adequate justification is provided. Such alternative methods shall be as closely similar to the written test method with regard to exam integrity.

(b) Upon receipt of a request for approval of its examination program, the state fire marshal shall schedule a time for the entity to provide a presentation to the commissioner or designee.

Source. #8954, eff 7-21-07; amd by #9542, eff 9-10-09

Saf-C 8010.03 Approval.

(a) The commissioner shall approve a training program, upon recommendation by the state fire marshal, that meets or exceeds the educational standards specified in these rules.

(b) The commissioner shall approve an examination program, upon recommendation by the state fire marshal that meets or exceeds the standards specified in these rules.

Source. #8954, eff 7-21-07

PART Saf-C 8011 HEARINGS AND COMPLAINTS

Saf-C 8011.01 Procedural Hearings. Unless otherwise provided, all hearings conducted by the department shall be conducted in accordance with the department’s procedures for conducting hearings as set forth in Saf-C 200.

Source. #8954, eff 7-21-07

Saf-C 8011.02 Complaints.

(a) Upon receipt of a complaint or information that alleges a license holder has committed fraud or misconduct, the commissioner shall review the complaint to determine whether the license holder has acted contrary to statutes or administrative rules.

(b) If the commissioner determines that a basis exists for administrative action, the bureau of hearings shall schedule a hearing and issue a notice thereof, in accordance with these rules and Saf-C 200.

Source. #8954, eff 7-21-07

Saf-C 8011.03 Suspension of License. A license shall be suspended if a finding has been made that the license holder has committed misconduct, as set forth in RSA 153:32, II

Source. #8954, eff 7-21-07

Saf-C 8011.04 Appeals. Any person affected by a final decision of the commissioner may appeal such final decision pursuant to RSA 541.

Source. #8954, eff 7-21-07

APPENDIX

RULE	SPECIFIC STATE STATUTE THE RULE IMPLEMENTS
Saf-C 8001	RSA 541-A:7
Saf-C 8002.01	RSA 541-A:7
Saf-C 8002.02	RSA 541-A:1, XV & RSA 541-A:8
Saf-C 8002.03	RSA 541-A:7
Saf-C 8002.04- 8002.18	RSA 541-A:1, XV & RSA 541-A:8
Saf-C 8002.19-8002.20	RSA 541-A:7
Saf-C 8003.01	RSA 153:28, I(a)
Saf-C 8003.02	RSA 153:28, I(a)
Saf-C 8003.03	RSA 153:29, I
Saf-C 8003.04	RSA 153:28, I(a)
Saf-C 8003.05	RSA 153:28, I(a)
Saf-C 8004	RSA 153:28, I(a)
Saf-C 8004.07	RSA 153:29-a, III
Saf-C 8005.01	RSA 153:28, I
Saf-C 8005.01(c) & (d)	RSA 153:29-a, III
Saf-C 8005.02	RSA 153:29, IV
Saf-C 8005.03	RSA 153:28, I
Saf-C 8005.04	RSA 153:29, IV
Saf-C 8005.05	RSA 153:29, III, IV
Saf-C 8006.01	RSA 153:30, II
Saf-C 8006.02	RSA 153:28, I(c) & RSA 153:30, II
Saf-C 8007	RSA 153:28, I
Saf-C 8008	RSA 153:28, I(b)
Saf-C 8008.03	RSA 153:29-a, III
Saf-C 8009	RSA 153:28, I(c)
Saf-C 8009.01(g)-(j)	RSA 153:29-a, I, III
Saf-C 8010	RSA 153:28, I(a)
Saf-C 8011	RSA 541-A:16, I(b)(2)