CHAPTER Saf-Mec 400 CONTINUED STATUS
PART Saf-Mec 401 DEFINITIONS
Saf-Mec 401.01 “Continuing education course” means a
course approved by the mechanical licensing board for the further education of
licensed fuel gas fitters and plumbers in
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Saf-Mec 401.02 "State plumbing code" means that
part of the state building code, as defined in RSA 155-A:1, IV, which regulates
plumbing, as modified by the state building code review board within the limits
established by RSA 155-A:10, V.
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Saf-Mec 401.03 “State fire safety code” means the part
of Saf-C 6000 as adopted pursuant to RSA 153:5.
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Saf-Mec 401.04 “Seminar provider” means an individual
who holds a current and valid NH master plumber’s license and/or a NH fuel gas
fitter’s license with a service technician’s endorsement, who has been trained
and approved by the mechanical licensing board for the purposes of providing
continuing educational classes on the laws, rules, codes and standards of this
subdivision for licensure renewal.
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Saf-Mec 401.05 “Identification Picture” means a color
photograph of the applicant’s face not less than 2” wide by 2” high, which
demonstrates an accurate depiction of the applicant at the time of licensure
renewal, and that said picture may be used again but for no more than 4 renewal
periods or 10 calendar years whichever comes first.
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Saf-Mec 401.06 “Proof of continuing education supporting
materials” means either a certificate of course completion, whether electronic
or hard copy, including wallet cards or a course roster certified by the
approved seminar provider for the course.
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PART Saf-Mec 402 EXPIRATION OF
MECHANICAL LICENSES
Saf-Mec 402.01 Expiration of Individual Mechanical
Licenses.
(a)
Pursuant to RSA 153:30, I, individual fuel gas fitting, domestic
appliance technician, hearth system installation and service technician, master
plumber, and journeyman plumber licenses (“mechanical licenses”) shall expire
every two years on the last day of the month of the licensee's birth.
(b)
Individuals whose mechanical licenses have not been renewed by the board
before their expiration date shall be considered expired, and subject to the
provisions of RSA 153:37, I if they practice any type of fuel gas fitting
and/or plumbing without a currently valid license.
(c) Should an individual fail to renew a license
prior to expiration, said license shall be reinstated for the remainder of the
2 year licensing period within 365 days after its expiration by paying a late
fee in addition to the renewal fee.
(d) A late fee is not required during the first 30
days of expiration but shall be assessed for each portion of every calendar
month thereafter.
(e) An individual who has completed the
application and educational components for licensure renewal may remain
licensed by requesting a deferral of the renewal fees for up to 90 days past
the expiration date, and provided the individual submits a one-time payment of
$50.00.
(f) An individual licensee who fails to renew any
portion of his or her mechanical license within 365 days after the expiration
date shall have that portion of the license reinstated upon proof of the
successful completion of the licensing exam for each category of license being
renewed, payment of the late fee and renewal fee; or
(g) Individuals whose mechanical licenses have not
been renewed by the board before the expiration date may apply for
reinstatement provided they have met all the requirements of Saf-Mec 300 for
initial licensure.
(1) Applicants who meet the full requirements of
Saf-Mec 300 shall not be charged a late fee but shall be charged a
reinstatement fee if applicable.
(2) Applicants who meet the requirements of (g)(1) above shall receive their mechanical license for the
remaining portion of their original two year licensing cycle.
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Saf-Mec 402.02 Expiration of Mechanical
Business Entity Licenses.
(a)
Pursuant to RSA 153:29-a, II, all current existing mechanical business
entity licenses subject to renewal shall expire every 2 years on the last day
of the month of January.
(b)
Business entities whose mechanical licenses have not been renewed by the
board before their expiration date shall be considered expired, and subject to
the provisions of RSA 153:37, I if they practice any type of fuel gas fitting
and/or plumbing without a currently valid license.
(c) Should any business entity fail to renew a
license prior to expiration, said license shall be renewed for the remainder of
the 2 year licensing period within 365 days after its expiration by paying a
late fee in addition to the renewal fee.
(d) A late fee is not required during the first 30
days of expiration but shall be assessed for each portion of every calendar
month thereafter.
Source. #10848, eff 7-1-15
PART Saf-Mec 403 RENEWALS OF
INDIVIDUAL MECHANICAL LICENSES
Saf-Mec 403.01 Renewal
Application Process for Individuals Seeking Plumbing and Fuel Gas Fitting
Licenses and Trainee or Apprentice Registration Licenses.
(a) Each individual seeking a renewal license to
practice as a domestic appliance technician, a fuel gas fitter, a master or
journeyman plumber, or seeking to renew as a fuel gas trainee or plumbing
apprentice, shall do so by submitting the following application packet:
(1) An application renewal form provided by the
board; and
(2) If a plumbing apprentice or fuel gas fitting
trainee, proof of continued enrollment in the registration license program
applied for; and
(3) If a holder of any other type of mechanical
license issued pursuant to RSA 153:27-38, proof of continuing education
supporting materials required for each licensing endorsement applied for; and
(4) The license or registration fees specified by
Saf-Mec 501.03 through Saf-Mec 501.05 which is applicable to the type of
license or registration license sought.
(b) All applicants pursuant to (a) above, who have
been convicted of a felony, or any criminal offense against another, or any
criminal offense involving dishonesty during the previous licensing period,
shall submit a current and signed criminal records check released to the NH
mechanical licensing board, from the New Hampshire department of safety and
from any state in which the applicant has any criminal history.
(c) If the board, after receiving and reviewing
the completed packet, requires further information or documents to determine
the applicant's qualification for licensure or registration, the board shall:
(1) So notify the applicant in writing within 60
days;
(2) Specify the information or documents it
requires; and
(3) Require the applicant to present to the board
additional information or testimony regarding any felony and/or misdemeanor
convictions that might result in denial of the application.
(d) The board shall deny the application if the
applicant does not submit the additional information or documents requested
under (c) above within 60 days of the request.
(e) The board shall approve or deny the
application within 120 days of the date that the board’s office has received
the completed application packet and any information or documents requested
under (c) above.
(f) The board shall deny a renewal application
based on the following criteria:
(1) The practice of fraud or deceit in procuring
or attempting to procure a license to practice under RSA 153:27-38 and these
rules;
(2) Subject to paragraph (g) below, conviction of
any criminal offense involving injury to a victim or the risk of such injury or
any criminal offense involving dishonesty;
(3) 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;
(4) 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;
(5) Addiction to the use of alcohol or other
habit-forming drugs to a degree which renders him or her unfit to practice
under RSA 153:27-38 and these rules;
(6) Mental or physical incompetence to practice
under RSA 153:27-38 and these rules;
(7) Willful or repeated violation of the
provisions of RSA 153:27-38 and these rules; or
(8) Suspension or revocation of a license, similar
to one issued under this subdivision, in another jurisdiction and not
reinstated.
(g) For any convictions as described in paragraph
(f)(2) above, the board shall consider the following:
(1) The nature of the criminal act committed;
(2) Whether or not there was a direct relationship
between the criminal act and the profession for which the applicant is seeking
licensure;
(3) The length of time between the conviction or
release and application dates;
(4) Any rehabilitation, training, or educational
courses taken as a condition of release, probation or parole;
(5) Any conditions, certificates or letters of
completion regarding sentencing, release, probation or parole; and
(6) Direct testimony from the applicant, his/her
sponsor or employer.
(h) If the board denies the application, the board
shall provide the applicant with written reasons for the denial.
(i) An applicant
wishing to challenge the board's denial of his or her application shall make a
written request for a hearing of the challenge and submit it:
(1) Within 60 days of the notice of the denial;
or
(2) If the applicant is on active military duty
outside the
(j) The board shall refund the license fee if:
(1) The applicant withdraws the application; or
(2) The board denies the application.
Source. #10848, eff 7-1-15
Saf-Mec 403.02 Application
Renewal Form to be used by Applicants for Individual Licenses and Registration
Cards.
(a) The application renewal form shall:
(1) Be provided by the board; and
(2) Be kept confidential by the board pursuant to
RSA 91-A:5.
(b) The applicant shall:
(1) Complete the entire form using a keyboard or
by printing the information legibly in ink;
(2) Complete all sections of the entire form or
designate them as not applicable; and
(3) Sign and date the form.
(c) On the renewal form the
applicant shall designate the renewal license sought in the space provided.
(d) Also on the form the applicant shall provide
the following information:
(1) The date the applicant submits the form;
(2) The applicant’s full legal name;
(3) T he applicant's date of birth;
(4) Indicate by using the “yes” and “no” boxes
provided:
a.
Whether the applicant
was convicted after the age of majority of:
1. A felony;
2. Any criminal offense involving injury to a
victim or the risk of such injury; or
3. Any criminal offense involving dishonesty;
b.
Whether the applicant
has ever been denied a license or other authorization to practice as a fuel gas
fitter or plumber in any jurisdiction;
c.
Whether the applicant
has ever been the subject of any disciplinary action by any authority
regulating fuel gas fitters or plumbers;
d.
Whether the applicant
has had his or her license or other authorization to practice as a fuel gas
fitter or plumber suspended or revoked and not thereafter reinstated in any
other jurisdiction;
e.
Whether the applicant
has ever surrendered a license or other authorization to practice as a fuel gas
fitter or plumber in any jurisdiction in order to avoid or to settle
disciplinary charges;
f. Whether the applicant knows that he or she is
or will soon be the subject of a disciplinary proceeding, settlement agreement
or consent decree undertaken or issued by any authority regulating fuel gas
fitters or plumbers; and
g.
Whether any claim on
the basis of the applicant’s fuel gas fitting or plumbing work is pending
against the applicant in any court;
(5) The name, full business address and telephone
number of:
a.
The applicant’s own business, if
any; or
b.
The applicant’s employer, if any;
and
(6) The continuing education courses taken within
the licensing period, by providing for each course the date attended, location
and instructor; and
(7) I f applying for a renewal registration
license as a fuel gas trainee or an apprentice plumber:
a.
The name and address of the plumbing
apprenticeship program or an updated sponsor letter from the fuel gas trainees
sponsor; and
b. The certificate of enrollment in an approved apprenticeship program for
plumbing and/or the certificate of enrollment in an approved board sanctioned
training program for fuel gas fitting licensure.
(e) On the application renewal form the applicant
shall place the date and his or her signature in the space provided above the
following preprinted statement:
"I
acknowledge that, under RSA 641:3, I, knowingly making a false statement on
this application form is a misdemeanor. I certify that the information I have
provided on all parts of the application form and in the documents that I have
personally submitted to support my application is complete and accurate to the
best of my knowledge and belief. I also certify that I have read RSA 153:27
through RSA 153:38 and the rules of the Board and promise that, if I am
licensed or certified, I will abide by them."
(f) On the application form the applicant shall
provide the applicant’s:
(1) Full legal name;
(2) Home address;
(3) Home telephone number;
(4) Home e-mail address, if the applicant wishes
to provide it; and
(5) The applicant's social security number
written immediately above the following preprinted statement:
"The
Mechanical Board is required by RSA 161-B:11 to obtain
your social security number for the purpose of child support enforcement.
Except for its use in child support enforcement, your social security number
will not be used by the Mechanical Licensing Board and will be held
confidential."
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Saf-Mec 403.03 Effect
of Signature. The effect of the
applicant's signature on part one of the forms shall be:
(a) The applicant’s acknowledgement that, under
RSA 641:3, I, knowingly making a false statement on the application form is a
misdemeanor;
(b) The applicant’s certification that:
(1) The information provided on all of the parts
of the application form and in the documents personally submitted to support
the application is complete and accurate to the best of the applicant’s
knowledge and belief; and
(2) The applicant has read the statutes and
administrative rules of the board; and
(c) The applicant’s promise to abide by RSA
153:27 through RSA 153:38 and the rules of the board.
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Saf-Mec 403.04 Required
Supporting Materials. Individual applicants for renewal licensure
shall provide, or arrange for the board to receive, the following documents
supporting their applications:
(a) Proof of continuing education supporting
materials for each continuing education course taken within the licensing
period.
(b) A photograph of the applicant’s face, not
less than 2 inches wide by 2 inches tall; and that accurately reflects the
applicant’s current appearance within the last four licensing renewal periods.
(c) Any additional documents pertaining to the
requirements as listed in Saf-Mec 403.01 through 403.03.
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Saf-Mec 403.05 Eligibility for Renewal of
Individual Mechanical Licenses. Individuals
shall be eligible for renewal of their mechanical licenses if they:
(a)
Are of good character, as evidenced by:
(1) Their answers to questions on the licensure
application renewal form; and
(2) Any additional information provided on the
request of the board; and
(b)
Have met the requirement for continuing education set forth in Saf-Mec
404;
(c)
Have complied with the application procedures set forth in Saf-Mec 403;
(d)
Have paid the renewal fee for the type of license being renewed as set
forth in Saf-Mec 501.03; and
(e)
If applicable, have paid any late renewal fees due under Saf-Mec 501.05.
Source. #10848, eff 7-1-15
Saf-Mec 403.06 Eligibility for Renewal of
Individual Plumbing Apprentice and Fuel Gas Fitting Trainee Registration
Licenses. Individuals shall be eligible for renewal of their fuel gas
fitting trainee and/or plumbing apprentice registration licenses if they:
(a)
Are of good character, as evidenced by:
(1) Their answers to questions on the application
renewal form; and
(2) Any additional information provided on the
request of the board;
(b)
Demonstrate proof that they are enrolled in an approved fuel gas trainee
and/or plumbing apprentice formal education program, or both;
(c)
Have complied with the application procedures set forth in Saf-Mec 403;
(d)
Have paid the renewal fee for the type of registration license being
renewed as set forth in Saf-Mec 501.04; and
(e)
If applicable, have paid any late renewal fees due under Saf-Mec 501.05.
Source. #10848, eff 7-1-15
PART Saf-Mec 404 REQUIRED
CONTINUING EDUCATION
Saf-Mec 404.01 Obligation to Complete
Continuing Education.
(a)
To be eligible for licensure renewal, individual mechanical licensees
shall complete a total of no fewer than 6 hours of continuing education for
each plumbing and/or fuel gas fitting endorsement, in every 2 year licensing
cycle, given by:
(1) A board approved seminar provider described
in Saf-Mec 404.02, teaching a continuing education seminar described in Saf-Mec
404.03; or
(2) A comprehensive training session sanctioned by
the board, if the licensee is himself or herself a board approved seminar provider.
Source. #10848, eff 7-1-15
Saf-Mec 404.02 Licensing Renewal Seminar
Providers and Instructors.
(a)
Providers of continuing education seminars shall:
(1) Have held a New Hampshire master plumbing
license or fuel gas service technician license for at least 3 consecutive
years, or a journeyman plumber’s license or fuel gas fitting license for 5
consecutive years, within their respective licensing disciplines, and who has
remained active and in good standing with their individual licenses; and
(2) Not be members of the board, or an individual
who performs inspections and or licensing enforcement on behalf of the board.
(b) Seminar providers shall have received, during
each calendar year in which he or she is teaching, no fewer than 3 hours of
training:
(1) On the use of the current adopted versions of
the International Code Council (ICC), the National Fire Protection Agency
(NFPA) and approved materials on the New Hampshire plumbing code, the fuel gas
fitting and mechanical codes, licensing statutes and their adopted rules; and
(2) Given by an approved individual representing
the mechanical licensing board to provide such training.
(c) Seminar providers shall submit the application
for approval by the board, which shall include a resume of the qualifications
with respect to the training and instruction of fuel gas fitters and plumbers,
respectively.
(d) An individual
representing the mechanical licensing board, who has participated in the
development and provision of continuing education training for seminar
teachers, shall be credited by the board with having met his or her continuing
education obligation.
(e) Seminar instructors shall be credited by the
board with having met their continuing education obligation by:
(1) Paying the fee stated in Saf-Mec 505.01(d);
and
(2) Attending and participating in the annual
training for seminar instructors.
Source. #10848, eff 7-1-15
Saf-Mec 404.03 Continuing Education Seminars
for Licensing Renewal.
(a)
Continuing education seminars developed and approved by the mechanical
licensing board shall be no fewer than 3 contact hours each, in a classroom
setting, which:
(1) Shall be devoted to the New Hampshire adopted
codes and standards for the plumbing or fuel gas fitting licensing discipline
being taught, the current licensing laws and adopted rules, and time for
answering students' questions;
(2) Shall be based on the current adopted ICC code
materials relative to the New Hampshire state plumbing code, or the current
adopted NFPA and ICC codes relative to fuel gas fitting and appliance
installation in New Hampshire; and
(3) Shall be in accordance with the required
training received during the same calendar year by the provider of the seminar.
(b)
A seminar provider shall provide copies of any board approved and
produced materials, such as handouts, to the seminar students.
(c)
A provider shall require that each student display to the provider his
or her plumbing license, fuel gas fitting license and one of the following
documents of identification showing the same name that is on the plumbing or
fuel gas fitting license:
(1)
(2) A currently valid driver license; or
(3) A currently valid non-driver identification
card.
(d)
Promptly after each seminar, the provider of the seminar shall submit to
the board a written statement showing:
(1) The date of the seminar;
(2) The course
identification number;
(3) The seminar
provider identification number; and
(4) A list of the students attending the seminar,
including their respective mechanical license number.
(e) Each student attending a licensing renewal
seminar shall bring a current code book required for the licensing discipline
course in which they are attending.
(f) No student shall receive credit for a repeated
education seminar, meaning that each licensee shall complete both separate
board approved 3 hour training sessions within their individual 2 year
licensing cycle for each licensing endorsement sought.
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PART Saf-Mec 405 REINSTATEMENTS OF
INDIVIDUAL MECHANICAL LICENSES
Saf-Mec 405.01 Types of Reinstatement of
Individual Mechanical Licenses and Registration Licenses. The board shall
reinstate individual mechanical licenses and registration licenses, as follows:
(a)
In accordance with the terms of the board's order if the licenses were
suspended for disciplinary reasons; or
(b)
In accordance with Saf-Mec 403 if the licenses lapsed as a result of
non-renewal.
Source. #10848, eff 7-1-15
Saf-Mec 405.02 Eligibility
for Reinstatement of Lapsed Individual Mechanical Licenses. An individual
shall be eligible for reinstatement of his or her lapsed domestic appliance
technician, fuel gas fitting, or plumbing license if the individual:
(a)
Retakes and passes the examination that is applicable for the above
licensed disciplines;
(b)
Is of good character and professional competence, as evidenced by:
(1) The answers to the questions on the
reinstatement application form;
(2) Any written explanations submitted; and
(3) Any additional information provided on the
request of the board;
(c)
Complies with the reinstatement application procedures set forth in
Saf-Mec 403; and
(d)
Pays the following fees:
(1) The applicable renewal fee set forth in
Saf-Mec 501.03; and either
(2) The reinstatement fee for individual licenses
which have been expired for a period of up to 365 days or more; or
(3) The reinstatement fee resulting from any
disciplinary measures of an individual license suspension and/or revocation as
set forth in Saf-Mec 501.05.
Source. #10848, eff 7-1-15
Saf-Mec 405.03 Application Process for
Reinstatement of Individual Mechanical Licenses and the Processing of
Applications.
(a)
Each individual applying for reinstatement of licensure shall submit:
(1) The completed, signed and dated application
form described in Saf-Mec 403.02 and 403.03;
(2) The supporting materials described in Saf-Mec
403.04; and
(3) Payment of the fees stated in Saf-Mec 501.03
and Saf-Mec 501.05.
(b) If the board, after receiving and reviewing
the application materials described in (a) above requires additional
information or documents to determine the applicant's eligibility for
reinstatement of licensure, the board shall:
(1) So notify the reinstatement applicant in
writing within 60 days; and
(2) Specify the information or documents it
requires.
(c)
The board shall deny the application for reinstatement of licensure if
the applicant does not submit the requested additional information or documents
within 60 days of the request.
(d) The board shall approve or deny the
application for reinstatement of licensure in accordance with Saf-Mec 403.01,
403.05 and 403.06 within 120 days of the date that the board’s office has
received the completed, signed and dated application form, the supporting
materials, the payment for fees and any information or documents requested
under (b) above.
(e)
If the board denies the application for reinstatement of licensure, the
board shall provide the applicant with written reasons for the denial.
(f)
An applicant for reinstatement of licensure wishing to challenge the
board's denial of the application shall make a written request for a hearing of
the challenge and submit it:
(1) Within 60 days of the notice of the denial;
or
(2) If the applicant is on active military duty
outside the
Source. #10848, eff 7-1-15
PART Saf-Mec 406 RENEWAL OF MECHANICAL
LICENSES FOR BUSINESS ENTITIES
Saf-Mec 406.01 Expiration of Mechanical Business Entity Licenses.
(a)
Pursuant to RSA 153:29-a, II, mechanical business entity licenses shall
expire bi-annually on the last day of January.
(b)
Business entities which have not had their licenses renewed by the board
before the expiration date of the license being renewed:
(1) Shall not engage in plumbing or fuel gas
fitting until their licenses have been renewed; and
(2) Shall be subject to the provisions of RSA
153:37, I if they engage in plumbing or fuel gas fitting without a currently
valid license.
Source. #10848, eff 7-1-15
Saf-Mec 406.02 Eligibility for Renewal of
Mechanical Business Entity Licenses. A business entity shall be eligible
for renewal of its mechanical business entity license unless:
(a)
The license is under suspension by the board, in which case it shall not
be eligible until the suspension has ended;
(b)
Its license to engage in fuel gas fitting and/or plumbing has been revoked
in
(c)
The business entity has been convicted of a felony;
(d)
The business entity has been the subject of a civil court judgment:
(1) As the result of negligence or repeated
violations of adopted laws, rules or codes in which significant property
damage, or risk of injury to the occupants took place; or
(2) Based at least in part on liability for
injury to, or death of, a person;
(e)
The business entity has been the subject of 3 or more civil court
judgments specific to the licensing functions, each in the amount
of $5,000.00 or more, excluding interest, within the previous licensing
period;
(f)
The business entity does not have a sole proprietor, responsible
managing employee, corporate officer, managing member or partner, as
applicable, who:
(1) Is a master plumber for plumbing, and/or a
fuel gas fitter currently licensed in New Hampshire; and
(2) Accepts responsibility for the business
entity's performing plumbing work in accordance with the state mechanical,
plumbing and fuel gas fitting codes or any more stringent local code; or
(g)
The business entity has not:
(1) Complied with the application procedures set
forth in Saf-Mec 406.03;
(2) Paid the renewal fee set forth in Saf-Mec 502.02
for the type of license being renewed; and
(3) Paid any applicable late renewal fees
specified by Saf-Mec 502.03.
Source. #10848, eff 7-1-15
Saf-Mec 406.03 Procedures
for Renewal of Mechanical Business Entity Licenses.
(a)
Business entities seeking renewal of their mechanical business entity
licenses to engage in fuel gas fitting and/or plumbing shall do so by
submitting the fee payment and the completed, signed and dated renewal
application form on a timely renewal basis, by the last day of January each 2
year licensing period.
(b)
The renewal application form shall:
(1) Be provided by the board;
(2) Contain the following pre-printed statement:
"I
acknowledge that, under RSA 641:3, I, knowingly making a false statement on
this application form is a misdemeanor. I certify that the information I have
provided on the application form is complete and accurate to the best of my
knowledge and belief."
(3) Require the provision of the following
information:
a.
Identification of the business;
b.
Identification of the individual who meets the requirements of the “Responsible
Managing Employee” as described in Saf-Mec 307.05;
c. A list of all employees of the business entity who perform fuel gas
fitting and/or plumbing work;
d. A detailed account of the circumstances relating to any court judgments
against the business entity if any; and
e.
A detailed account of the
circumstances relating to any criminal conviction of the business entity if
any; and
(4) Be dated and signed by the licensed owner,
corporate officer, managing member of the limited liability company or
partnership, and the responsible managing employee as applicable.
(c)
Business entities that wish to be re-licensed to engage in fuel gas
fitting or plumbing but fail to submit a completed, signed and dated renewal
application form within the timelines set out in (a) above shall apply for
reinstatement of licensure in accordance with Saf-Mec 407.
Source. #10848, eff 7-1-15
Saf-Mec 406.04 The Effect of the Signature on
the Application Form for the Renewal of Mechanical Business Entity Licenses. The effect of the signature required by
Saf-Mec 406.03(b)(2) shall be:
(a)
The signer's acknowledgement that, under RSA 641:3, I, knowingly making
a false statement on the application form is a misdemeanor; and
(b)
The signer's certification that the information provided on the renewal
application form is complete and accurate to the best of the signer's knowledge
and belief.
Source. #10848, eff 7-1-15
Saf-Mec 406.05 Processing of Applications
for Renewal of Mechanical Business Entity Licenses.
(a)
If, after receiving and reviewing the completed, signed and dated
renewal application form submitted by a business entity, the board requires
further information or documents to determine the applicant's qualification for
renewal of licensure, the board shall:
(1) So notify the applicant in writing within 30
days; and
(2) Specify the additional information or
documents it requires.
(b)
The board shall deny the renewal application if the applicant does not
submit the additional information or documents requested within 60 days of its
request.
(c)
The board shall approve or deny the renewal application in accordance
with Saf-Mec 406 within 120 days of the date that the board’s office has
received the completed, signed and dated application form and any additional
information or documents it has requested.
(d)
If the board denies the renewal application, the board shall provide the
renewal applicant with written reasons for the denial.
(e)
A renewal applicant wishing to challenge the board's denial shall make a
written request for a hearing of the challenge within 60 days of the notice of
the denial.
Source. #10848, eff 7-1-15
PART Saf-Mec 407 REINSTATEMENT OF
MECHANICAL LICENSES FOR BUSINESS ENTITIES
Saf-Mec 407.01 Types of Reinstatement of
Mechanical Licenses for Business Entities.
The board shall reinstate mechanical licenses for business entities:
(a) In accordance with the terms of the board's order
if the licenses were suspended for disciplinary reasons; or
(b)
In accordance with Saf-Mec 407.02 if the licenses lapsed as a result of
non-renewal.
Source. #10848, eff 7-1-15
Saf-Mec 407.02 Eligibility for Reinstatement
of Lapsed Mechanical Licenses for Business Entities. A business entity shall be eligible for
reinstatement of its lapsed mechanical business entity license if:
(a)
The board has not revoked the license;
(b)
The license is not under suspension by the board;
(c)
No other jurisdiction has revoked a license to engage in fuel gas
fitting and/or plumbing which it had issued to the business entity;
(d)
The business entity has not been convicted of a felony;
(e)
The business entity has not been the subject of a civil court judgment
related to plumbing and/or fuel gas fitting:
(1) As the result of negligence or repeated
violations of adopted laws, rules or codes in which significant property
damage, or risk of injury to the occupants took place; or
(2) Based at least in part on liability for
injury to, or death of, a person;
(f)
The business entity has not been the subject of 3 or more civil court
judgments directly related to the licensing functions of this subdivision, each
in the amount of $5,000.00 or more, excluding interest;
(g)
The business entity has a sole proprietor, responsible managing employee
corporate officer, managing member or partner, as applicable, who:
(1) Is a master plumber for plumbing and/or a
fuel gas fitting service technician currently licensed in New Hampshire; and
(2) Accepts responsibility for the business
entity's performing mechanical work in accordance with the state mechanical,
plumbing and fuel gas fitting codes or any more stringent local code;
(h)
The business entity has complied with the reinstatement application
procedures set forth in Saf-Mec 407.03; and
(i) The business entity pays the following fees:
(1) The renewal fee for the type of license being
renewed as set forth in Saf-Mec 502.02; and
(2) The total of any late renewal fees accrued by
the last day of January one year after the original expiration date of the
license; or
(3) The reinstatement fee pursuant to Saf-Mec
502.03 as a result of the license suspension, revocation or late renewal that
extends beyond the 365 day expiration period.
Source. #10848, eff 7-1-15
Saf-Mec 407.03 Application
Process for Reinstatement of Lapsed Mechanical Licenses for Business Entities.
(a)
Each corporation, limited liability company or partnership seeking reinstatement
of a lapsed mechanical license to practice fuel gas fitting and/or plumbing
shall do so by submitting the following application packet:
(1) A business application form provided by the
board that meets the requirements of Saf-Mec 406.03 and 406.04; and
(2) The fees specified by Saf-Mec 502.
(b)
The board shall not consider a request for reinstatement of licensure
until the completed reinstatement application packet described in (a) above has
been received by the board’s office.
(c)
If the board, after receiving and reviewing the completed reinstatement
application packet, requires further information or documents to determine the
applicant's qualification for reinstatement of licensure, the board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it
requires.
(d)
The board shall deny the reinstatement application if the applicant does
not submit the additional information or documents requested under (c) above
within 60 days of the request.
(e)
The board shall approve or deny the reinstatement application in
accordance with Saf-Mec 407.02 in writing within 120 days of the date that the
board’s office has received the completed reinstatement application packet and
any information or documents requested under (c) above.
(f)
A business applicant wishing to challenge the board's denial of its
reinstatement application shall make a written request for a hearing of the
challenge and submit it within 60 days of the notice of the denial.
Source. #10848, eff 7-1-15
APPENDIX
Rule |
Statute Implemented |
|
|
Saf-Mec 401.01
|
RSA 541-A:7 |
Saf-Mec 401.02 |
RSA 541-A:7;
RSA 155-A:1, IV |
Saf-Mec 401.03 |
RSA 541-A:7;
RSA 153:5 |
Saf-Mec 401.04
- 401.05 |
RSA 541-A:7 |
Saf-Mec
402.01(a) |
RSA 153:30,
I(a) |
Saf-Mec
402.01(b) |
RSA 153:30,
I(a); RSA 153:37, I |
Saf-Mec
402.01(c) - (d) |
RSA 153:30,
I(b) |
Saf-Mec
402.01(e) |
RSA 153:28,
II; RSA 153:30, I(b) |
Saf-Mec
402.01(f) |
RSA 153:30,
I(c) |
Saf-Mec
402.01(g) |
RSA 153:30,
I(b) |
Saf-Mec
402.02(a) |
RSA 153:29-a, II |
Saf-Mec
402.02(b) |
RSA 153:29-a,
II; RSA 153:37, I |
Saf-Mec
402.02(c) – (d) |
RSA 153:30,
I(b) |
Saf-Mec
403.01(a) – (b) |
RSA 153:30,
I(a) |
Saf-Mec
403.01(c) |
RSA 541-A:29,
I |
Saf-Mec
403.01(d) |
RSA 153:30,
I(a) |
Saf-Mec
403.01(e) |
RSA 541-A:29,
II |
Saf-Mec
403.01(f) – (j) |
RSA 153:30,
I(a) |
Saf-Mec 403.02
– 403.06 |
RSA 153:30,
I(a) |
Saf-Mec 404 |
RSA 153:30,
I(d) |
Saf-Mec 405 |
RSA 153:30,
I(b) |
Saf-Mec 406 |
RSA 153:29-a,
II |
Saf-Mec 407 |
RSA 153:30,
I(b) |