FILED ON: 7/8/2014
HOUSE . . . . . . . . . . . . . . . No. 4276
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The Commonwealth of Massachusetts
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In the Year Two Thousand Fourteen
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An Act relative to telecommunications systems contractors and technicians.
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 1 of chapter 141 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out section 1 and inserting in place thereof the following section:-
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, security, or telecommunications system purposes.
“Master electrician”, a person, firm or corporation having a regular place of business who, by the employment of journeyman 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, security, or telecommunications 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 signaling, 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, telecommunications, 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.
“Telecommunications Contractor”, a person, firm or corporation having a regular place of business who, by the employment of telecommunications technicians or apprentices, performs the work of installing, repairing or maintaining wires, wireless, conduits, apparatus, devices, fixtures or other appliances used for telecommunications systems; provided, however, that no telecommunications 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 telecommunications technician.
“Telecommunications system”, any inherently power limited system of wires, wireless, conduits, apparatus, devices, fixtures, or other appliances installed or interconnected electrically or electronically for the purpose to send and/or receive at a distance the transference of voice, sound, video, telephony, digital, data, and/or video transmissions.
“Telecommunications technician”, a person qualified to do the work of installing, repairing or maintaining wires, wireless, conduits, apparatus, devices, fixtures, or other appliances installed or interconnected electrically or electronically for the purpose to send and/or receive at a distance the transference of voice, sound, video, telephony, digital, data, and/or video transmissions used for telecommunications systems.
SECTION 2. Section 1A of chapter 141 of the General Law, as appearing in the 2012 Official Edition, is hereby amended by striking the words “or security system” in line 4 and inserting in place thereof the following words-: , security system, or telecommunications system
SECTION 3. Section 3 of chapter 141 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
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; certificate D, known as systems technician’s license; certificate E, known as telecommunications contractor’s license; and certificate F, known as telecommunications technician’s license.
SECTION 4. Section 3 of chapter 141 of the General Laws, as so appearing, is hereby further amended by striking the words in lines 27 through 71 and inserting in place thereof the following words:-
(5) Certificate A, certificate C, and certificate E 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, certificate C, or certificate E shall not entitle the holder individually to engage in or perform the actual work of installing wires, conduits, apparatus, devices, fixtures or other appliances, systems, or telecommunications systems but the holding of certificate A shall entitle the holder to conduct business as a master electrician, the holding of certificate C shall entitle the holder to conduct business as a systems contractor, and the holding of certificate E shall entitle the holder to conduct business as a telecommunications 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 telecommunications contractor’s license, a journeyman electrician’s license, a systems technician’s license, or a telecommunications 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 every third year, commencing July thirty-first, nineteen hundred and eighty-nine, and certificate E shall expire on July thirty-first every third year, commending July thirty-first, two thousand and fifteen, 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 of the third 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 July thirty-first of ensuing three year period; 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 every third year, commencing July thirty-first, nineteen hundred and eighty-nine, and certificate F shall expire on July thirty-first every third year, commending July thirty-first, two thousand and fifteen, but may be renewed upon payment of a fee upon the same conditions set forth in clause (7).
(9) Holders of certificate A, certificate C, and certificate E 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, certificate D, and certificate F 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, certificate D, certificate E, and certificate F shall be preserved for at least two years, after which time they may, at the discretion of the examiners, be destroyed.
SECTION 5. Section 6 of chapter 141 of the General Laws is hereby amended by striking the section and inserting in place thereof, the following section:
Section 6. No person, firm or corporation holding a “certificate A, certificate C, or certificate E” shall be liable for work done by his or its employees, unless it appears that such work was done with his or its knowledge or consent or by his or its authorization.
SECTION 6. Section 7 of chapter 141 of the General Laws, as so appearing, is hereby amended by striking the words in line 23 through 27 and insert in place thereof, the following words:- its own premises; or the work in connection with the installation, construction, maintenance, repair and renovation of telephone equipment and cable television service.
SECTION 7. Section 9 of chapter 141 of the General laws, as so appearing, is hereby amended by striking the section and replacing in place thereof, the following section:-
Section 9. Any person applying for a journeyman electrician’s license, a systems technician’s license, or a telecommunications 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 8. Any person, firm or corporation providing evidence satisfactory to the state examiners of electricians, on or before August first, two thousand and fifteen, that such person, firm or corporation has at least thirty-six months experience working as or for a telecommunications system contractor shall be exempt from the examination requirements of section three of chapter one hundred and forty-one.
SECTION 9. Any person providing evidence satisfactory to the state examiners of electricians on or before August first, two thousand and fifteen, that such person has at least twelve months experience working as a telecommunications technician shall be exempt from the examination requirements of section three of chapter one hundred of forty-one.