Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 32 of chapter 13 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 4, the word "five" and inserting in place thereof the word:- eight.

SECTION 2. Said section 32 of said chapter 13, as so appearing, is hereby further amended by striking out the second, third and fourth sentences and inserting in place thereof the following two sentences:- One of said appointees shall be a representative of the public, subject to the provisions of section nine B and one shall be a local wiring inspector who is an electrician licensed under chapter one hundred and forty-one. Six of said appointees shall be citizens of the commonwealth: one of whom shall be a master electrician who holds a certificate A license issued under said chapter one hundred and forty-one and has at least ten years experience as an employing master electrician; one shall be a master electrician who holds certificate A and certificate B licenses issued under said chapter one hundred and forty-one, is actively engaged in such business and has at least ten years experience as an employing master electrician; one shall be a journeyman electrician who holds a certificate B license issued under said chapter one hundred and forty-one, is a wage earner and has at least ten years practical experience in the installation of wires and appliances for carrying electricity for light, heat or power purposes; one shall be a systems contractor who holds a certificate C license issued under said chapter, is actively engaged in the business of fire warning and security systems as his principal business and has at least ten years experience as an employing systems contractor; one shall be a systems technician who holds a certificate D license issued under said chapter, is a wage earner and has at least ten years practical experience in the installation, repair and maintenance of systems; and one shall be a representative of the New England Section of the International Municipal Signal Association who holds at least a level I competency certificate from said association, is a municipal employee and has at least ten years practical experience in the installation, repair and maintenance of fire warning or signalling systems.

SECTION 3. Section 57 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

No person shall be certified by the administrator for appointment to the position of inspector of wires in a city or town unless he has been issued a certificate A or certificate B license pursuant to section three of chapter one hundred and forty-one.

SECTION 4. Chapter 141 of the General Laws is hereby amended by striking out section 1, as so appearing, and inserting in place thereof the following two sections:-

Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:

"Fee", a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

"Fire warning system", an inherently power limited system of wires, conduits, apparatus, devices, fixtures or other appliances installed and interconnected electrically or electronically for the detection of heat, smoke, or products of combustion, or for the transmission of signals or audible alarms.

"Inherently power limited system", a system requiring no overcurrent protection due to design and construction.

"Journeyman electrician", a person qualified to do the work of installing, repairing, or maintaining wires, conduits, apparatus, devices, fixtures, or other appliances used for heat, light, power, fire warning or security system purposes.

"Master electrician", a person, firm or corporation having a regular place of business who, by the employment of journeymen or apprentices, performs the work of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for light, heat, power, fire warning or security system purposes; provided, however, that no journeyman electrician so employed shall have more than one apprentice under his supervision; and provided, further, that not more than one such apprentice shall be employed for each journeyman electrician.

"Security system", an inherently power limited system of wires, conduits, apparatus, devices, fixtures, or other appliances installed and interconnected electrically or electronically to permit access control, proprietary signalling, surveillance and the detection of burglary, intrusion, holdup, or other conditions requiring response or the transmission of signals or audible alarms.

"System", a fire warning, security or other inherently power limited system, wire, conduit or device which conducts or consumes electricity and is electrically or electronically activated.

"Systems contractor", a person, firm or corporation having a regular place of business who, by the employment of systems technicians or apprentices, performs the work of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for systems; provided, however, that no systems technician so employed shall have more than one apprentice under his supervision; and provided, further, that not more than one such apprentice shall be employed for each systems technician.

"Systems technician", a person qualified to do the work of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for systems.

Section 1A. No person, firm or corporation shall enter into, engage in, or work at the business or occupation of installing wires, conduits, apparatus, devices, fixtures, or other appliances for carrying or using electricity for light, heat, power, fire warning or security system purposes, unless such person, firm or corporation shall be licensed by the state examiners of electricians in accordance with this chapter and, with respect to security systems, unless such person, firm or corporation shall also be licensed by the commissioner of public safety in accordance with the provisions of sections fifty-seven to sixty-one, inclusive, of chapter one hundred and forty-seven.

This chapter shall not apply to: a person not engaged in the business described in this section who employs or contracts for the services of a person, firm or corporation engaged in such business; or to an apprentice employed by a person, firm or corporation licensed in accordance with this chapter; or to an agent, employee or assistant of a person, firm or corporation licensed in accordance with this chapter who does not engage in or perform the actual work described in this section.

SECTION 5. Said chapter 141 is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

Section 3. The following forms of license shall be issued: certificate A, known as master electrician's license; certificate B, known as journeyman electrician's license; certificate C, known as systems contractor's license; and certificate D, known as systems technician's license.

(l) Certificate A shall be issued to any person, firm or corporation engaged in or about to engage in the business of installing wires, conduits, apparatus, devices, fixtures or other appliances and systems; provided, however, that such person or a member of such firm or an officer of such corporation has passed an examination before the state examiners of electricians and such person or a member of such firm or officer of such corporation has held a certificate B license for at least twelve months.

(2) Certificate B shall be issued to any person who has passed an examination before the state examiners of electricians. It shall specify the name of such person, who shall thereby be authorized to engage in the occupation of journeyman electrician.

(3) Certificate C shall be issued to any person, firm or corporation engaged in or about to engage in the business of installing fire warning, security or other systems; provided, however, that such person or a member of such firm or an officer of such corporation has passed an examination before the state examiners of electricians and such person or a member of such firm or officer of such corporation has held a certificate D license for at least twelve months.

(4) Certificate D shall be issued to any person who has passed an examination before the state examiners of electricians. It shall specify the name of such person who shall thereby be authorized to engage in the occupation of systems technician.

(5) Both certificate A and certificate C shall specify the name of the person, firm or corporation licensed and the name of the person passing the examination by which such person, firm or corporation shall be authorized to enter upon or engage in business as set forth therein. The holding of certificate A or certificate C shall not entitle the holder individually to engage in or perform the actual work of installing wires, conduits, apparatus, devices, fixtures or other appliances or systems but the holding of certificate A shall entitle the holder to conduct business as a master electrician and the holding of certificate C shall entitle the holder to conduct business as a systems contractor.

(6) Persons desiring an examination shall make written application therefor, accompanied by an examination fee. A person passing an examination for a master electrician's license, a systems contractor's license, a journeyman electrician's license, or a systems technician's license shall pay a fee before being issued such license.

(7) Each certificate A and certificate C shall expire on July thirty-first in each odd numbered year, but may be renewed by the same person, firm or corporation acting by one or more of its members or officers, without further examination, upon payment of a fee, application therefor being made during said month. In case of failure to renew a license as aforesaid on or before July thirty-first in an odd numbered year, the person named therein, upon payment of said fee, increased by such additional fees as would have been payable had such license been continuously renewed may receive a deferred renewal thereof which shall expire on July thirty-first in the ensuing odd numbered year; provided however, that such renewed license shall not constitute its holder a licensee for any period preceding its issue.

(8) Each certificate B and certificate D shall expire on July thirty-first in each odd numbered year, but may be renewed upon payment of a fee upon the same conditions set forth in clause (7).

(9) Holders of certificate A and certificate C shall keep their certificates of registration displayed in a conspicuous place in their principal offices or places of business. The examiners shall furnish holders of certificate B and certificate D with evidence of having been so licensed by the examiners, in card form or otherwise, which shall be carried on the person of the licensee and exhibited on request.

(10) Any certificate expiring while the holder thereof is in the military or naval service of the United States shall be renewed without further examination, upon payment of the prescribed fee, at any time within four months after such person's discharge from the service.

(11) Examination papers and applications for certificate A, certificate B, certificate C and certificate D, shall be preserved for at least two years, after which time they may, at the discretion of the examiners, be destroyed.

(12) Records of the meetings of the examiners shall be open for inspection at all times, and they shall have printed annually a manual of their regulations, including the names of all licensees.

SECTION 6. Section 5 of said chapter 141, as so appearing, is hereby amended by adding the following paragraph:-

The examiners and the inspectors of wires in each city and town, as defined in section thirty-two of chapter one hundred and sixty-six, shall be charged with the enforcement of this chapter. They shall have all necessary powers to require compliance therewith, including the power to institute and prosecute proceedings in the superior court department of the trial court.

SECTION 7. Section 6 of said chapter 141, as so appearing, is hereby amended by striking out the words "Certificate A", in line 1, and inserting in place thereof the following words:- certificate A or certificate C.

SECTION 8. Said chapter 141 is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-

Section 7. This chapter shall not apply to: the installation, repairing, and wiring of elevators; the work in connection with the erection, construction, maintenance or repair of lines for transmission of electricity from the source of supply to the service switch on the premises where used by municipal electric plants, by electric companies as defined in section one of chapter one hundred and sixty-four, by gas companies authorized to make or sell electricity, by electric street railway companies, by electric railroad companies or by railroad companies; the work of such plants or companies on premises owned or controlled by them; the work of said municipal electric plants or of said electric or gas companies in installing, maintaining and repairing on the premises of customers, service connections and meters and other apparatus and appliances remaining the property of such plants or companies after installation; public employees engaged in the work of installing, maintaining or repairing public signalling systems; the work in connection with the lighting of public ways, alleys, private ways, or public parks, areas or squares; the work of companies subject to regulation by the department of public utilities, and incorporated for the transmission of intelligence by electricity in installing, maintaining or repairing wires, apparatus, fixtures, or other appliances used by such companies and necessary for, or incident to, their business, whether or not such wires, conduits, apparatus, fixtures or other appliances are on its own premises; or the work in connection with the installation, construction, maintenance, repair and renovation of telephone equipment or computer systems by a person, firm or corporation primarily engaged in the telecommunications or the information systems industry.

SECTION 9. Section 8 of said chapter 141, as so appearing, is hereby amended by striking out, in line 2, the words "of 'Certificate A', may" and inserting in place thereof the following words:- of certificate A, may.

SECTION 10. Said chapter 141 is hereby further amended by striking out section 9, as so appearing, and inserting in place thereof the following section:-

Section 9. Any person applying for a journeyman electrician's license or a systems technician's license and making any misstatement as to his experience or other qualifications, or any person, firm or corporation subscribing to, or vouching for, any such misstatement shall be subject to the penalties set forth in section five.

SECTION 11. Chapter 147 of the General Laws is hereby amended by adding the following five sections:-

Section 57. The words "security system", as used in sections fifty-seven to sixty-one, inclusive, shall mean wires, conduits, apparatus, devices, fixtures, or other appliances installed and interconnected electrically or electronically to permit access control, proprietary signalling, surveillance and the detection of burglary, intrusion, holdup, or other conditions requiring response or the transmission of signals or audible alarms.

No person, firm or corporation shall engage in, advertise, or hold himself or itself out as being engaged in the business of installing, repairing, or offering maintenance for security systems, notwithstanding the name or title used in describing such business, unless licensed for such purpose as provided in sections fifty-eight and fifty-nine of this chapter and section three of chapter one hundred and forty-one. Whoever violates any provision of this section shall be punished by a fine of not less than two hundred nor more than one thousand dollars or by imprisonment for not more than one year, or both.

Nothing in this section shall apply either to the work of companies subject to regulation by the department of public utilities and incorporated for the transmission of intelligence by electricity in installing, maintaining or repairing wires, apparatus, fixtures, or other appliances used by such companies and necessary for, or incident to, their business, whether or not such wires, conduits, apparatus, fixtures or other appliances are on its own premises; or the work in connection with the installation, construction, maintenance, repair and renovation of telephone equipment or computer systems by a person, firm or corporation primarily engaged in the telecommunications or information systems industry.

Section 58. An application for a license to engage in the security systems business shall be filed with the commissioner on forms furnished by him, and statements of fact therein shall be under oath of the applicant. Such application shall include a certification by each of three reputable citizens of the commonwealth residing in the community in which the applicant resides or has a place of business, or the community in which the applicant proposes to conduct his business, that he has personally known the applicant for at least three years, that he has read the application and believes each of the statements contained therein to be true, that he is not related to the applicant by blood or marriage, and that the applicant is honest and of good moral character.

An applicant for a license to engage in the security systems business shall provide proof to the commissioner that he has successfully qualified for electrical licensure under the provisions of section three of chapter one hundred and forty-one.

Section 59. The commissioner may issue to an applicant complying with the provisions of section fifty-eight a license to engage in the security systems business; provided, however, that no such license shall be issued to any person who has been convicted in any state of the United States of a felony, unless a hearing is held and the commissioner, at his or her discretion, determines a license is appropriate. Any person who has been convicted of a violation of section ninety-nine or ninety-nine A of chapter two hundred and seventy-two shall not be issued a license, unless a hearing is held and the commissioner, at his or her discretion, determines a license is appropriate. If any license has been previously issued to such person, it shall be revoked.

Such license shall be valid for two years, shall state the name under which the licensed business is to be conducted, and the address of its principal office, and shall be posted by the licensee in a conspicuous place in such office. The name of the business, so licensed, shall not contain any words which denote or imply any association with agencies of the United States, the commonwealth or any of its political subdivisions. Failure to comply with the provisions of this paragraph shall constitute cause for revocation of such license.

The commissioner may biennially renew and may at anytime for cause, after notice and hearing, revoke any such license. An application for renewal shall be on a form furnished by the commissioner.

Section 60. A person, firm or corporation licensed under the provisions of sections fifty-eight and fifty-nine may employ in his security systems business as many persons as he may deem necessary, but no person shall be employed by any licensee until he shall have executed and furnished to such licensee a statement under oath setting forth his full name, date of birth and residence, his parents names and places of birth, the business or occupation in which he has been engaged for the three years immediately preceding the date the statement is furnished and that he has or has not been convicted of a felony or of any offense involving moral turpitude. Such statements shall be kept on file by the licensee and furnished to the commissioner who shall have a security check performed on said employment applicant. Upon completion of the security check, the commissioner, at his or her own discretion, shall furnish to the qualified applicant a certificate of clearance which shall be valid for two years.

If a licensee falsely states or represents that a person was or is in his employ, such false statement or representation shall be cause for revocation or suspension of his license and shall be subject to the penalties set forth in section fifty-seven. Whoever falsely states or represents that he is employed or has been employed by a licensee shall be punished by a fine of not less than fifty nor more than five hundred dollars.

Section 61. The fee for the filing of an original security systems license and for the filing of a renewal of such license shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Said fees shall not exceed two hundred and fifty dollars for an original license and one hundred and twenty-five dollars for a renewal thereof.

The fee for a certificate of clearance shall be determined in a like manner, but shall not exceed fifty dollars for an original or renewal of said certificate.

SECTION 12. Any person, firm or corporation providing evidence satisfactory to the state examiners of electricians, on or before January first, nineteen hundred and eighty-nine, that such person, firm or corporation has at least thirty-six months experience working as or for a systems contractor shall be exempt from the examination requirements of section three of chapter one hundred and forty-one.

SECTION 13. Any person providing evidence satisfactory to the state examiners of electricians on or before January first, nineteen hundred and eighty-nine, that such person has at least twelve months experience working as a systems technician shall be exempt from the examination requirements of section three of chapter one hundred and forty-one.