HOUSE DOCKET, NO. 903 FILED ON: 1/13/2009
HOUSE . . . . . . . . . . . . . . . No. 297
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act Relative to Licensing Home Appliance Servicers..
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 94 of Chapter 143 of the General Laws,
as appearing in the 2000 Official Edition, is hereby amended by
adding the following clause:—
(m) To issue licenses in accordance with chapter 143A.
SECTION 2. The General Laws are hereby amended by
inserting after chapter 143 the following chapter:—
CHAPTER 143B.
LICENSING OF HOME APPLIANCE SERVICERS (H.A.S).
Section 1. As used in this chapter, the following words shall
have the following meanings:
“Administrator”, the administrator of the state board of
building regulations and standards, an agency within the executive
office of public safety.
“Board”, the state board of building regulations and standards
established by section 93 of chapter 143.
“Licensee”, a person, firm, partnership or corporation licensed
under this chapter may disconnect and reconnect hardwiring,
water connections and gas connections necessary to repair or
replace an appliance.
“Appliance”, any appliance manufactured which may require
the tech to disconnect and reconnect electric, water and gas.
“H.A.S.”, a person, firm, partnership or corporation engaged in
installing, maintaining, servicing or testing appliances.
Section 2. No person, firm, partnership or corporation shall
enter into, engage in or work at the business of installing or
repairing appliances for which a permit is required unless such
person, firm, partnership, or corporation shall have received a
license issued by the administrator in accordance with this
chapter.
As used in this chapter the words “Class I licensee” shall mean
a person, firm, partnership or corporation who performs the work
of installing, manufacturing, altering, servicing, testing or maintaining
any household appliances. Applicants for a “Class I
license” shall have five years experience in installing, servicing,
maintaining and testing household appliances working under the
supervision of a “Class I licensee”. As used in this chapter, the
words “Class II licensee” shall mean a person, firm, partnership or
corporation qualified to install, maintain, alter or service household
appliances Applicants for a “Class II license” shall have
three years experience in installing, servicing, altering, testing and
maintaining appliances, working under the supervision of a “Class
I or Class II licensee”, or shall be a graduate of a appliance repair
program at a licensed school accredited by the Accrediting Commission
of Career Schools and Colleges of Technology. A Class I
or Class II licensee shall not install, maintain, alter, service, manufacture
or test any wiring, which is regulated pursuant to
chapter 141 or section 3L of chapter 143.
Section 3. The administrator, in consultation with the board,
shall be responsible for the implementation of this chapter and the
promulgation of such rules and regulations as he shall deem necessary
to implement this chapter. Prior to the adoption, amendment
or repeal of a rule or regulation, the administrator shall give
notice and hold a public hearing in accordance with the requirements
of chapter 30A.
A person desiring to be licensed as a H.A.S. shall make a
written application under oath to the administrator on a form provided
by him. The application shall set forth the information
requested by the administrator.
It shall be the duty of the administrator to develop and conduct
a written examination for each category of license and to issue
and deliver a license to all applicants who have passed the examination
for licensure under this chapter unless the applicant complies
with the following paragraph:
At any time prior to June 1, 2008 the director shall, without
examination and upon payment of the appropriate fees, issue a
license to an applicant who has presented satisfactory evidence
that he has the qualifications for the type of license applied for,
and who has been engaged in the occupation or business of
installing, altering, servicing, maintaining home appliances covered
by such license for a period of five years in the case of an
applicant for a “Class I” and three years of appliance repair experience
or graduation from a appliance repair program at a licensed
school accredited by the Accrediting Commission of Career
Schools and Colleges of Technology in the case of an applicant
for a “Class II” license. A person who, being qualified to obtain a
license under this section, is prevented from making application
therefore by reason of service in the armed forces of the United
States shall have three months after discharge to make an application.
Each applicant for a license under this chapter shall pay a registration
fee in an amount to be determined by the commissioner of
administration. The fee shall be payable upon application for a
license and upon renewal. All fees collected pursuant to this
section shall be retained by the board for the implementation of
this chapter. A licensee shall submit to the administrator such
information as the administrator may require and shall be issued a
license.
Each license issued by the administrator shall bear a number,
shall be valid for three years from the date of its issuance, may be
renewed upon proof of continuing experience or education as
required by the director, shall not be transferable and shall be
exercised only by the licensee.
Section 4. No individual or contractor shall undertake, offer to
undertake, or agree to perform home appliance installation, alteration,
maintenance and testing of appliances for which a license is
required under this chapter unless licensed therefore with the
approval of the state board of building regulations and standards.
In those municipalities where a permit for appliance service is
required, the applicant shall show proof of license by the com-
monwealth, along with the applicant’s license number, in order to
qualify for a local permit. The license under this chapter shall
supersede all local license requirements.
Each permit and advertisement for appliance service shall display
the licensee's license number.
A licensee shall affix the license number in a conspicuous place
on each work order for each appliance installed, altered, maintained
or serviced by him.
Section 5. An individual or contractor who knowingly, willfully
or negligently operates without having first obtained a license as
required by this chapter and who is not otherwise exempt from the
licensing requirement or an individual or contractor who continues
to operate after revocation of, or during suspension of his
license, or who fails to review his license, shall be punished by a
fine not exceeding $100 per day. If the administrator concludes,
after consultation with the board, that the continuing conduct by
any person alleged to be in violation of this chapter may result in
substantial or irreparable harm to another, he may seek a temporary
or permanent injunction from the superior court of the county
in which the alleged violation is occurring or the county in which
the violator has its principal place of business.
The administrator shall not be required to file a bond or to show
a lack of an adequate remedy at law when seeking an injunction
under this section against a person, firm, partnership or corporation
not licensed under this chapter.
Section 6. This chapter shall not be construed to relieve or
lessen the responsibility of a person licensed under this chapter,
nor shall the commonwealth be deemed to have assumed any liability
by reason for the issuance of a license.