Amendment #962 to H4000

Sheetmetal Inspectors

Mr. Chan of Quincy moves to amend the bill by inserting after section 53 the following new sections:-

 

SECTION 53A. Section 237 of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the definition of “Inspector” and inserting in place thereof the following definition:

 

“Inspector”, the local or state inspector of sheet metal.

 

SECTION 53B. Section 237 of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the definition of “Inspector” and inserting in place thereof the following definition:

 

“Inspector”, the local or state inspector of sheet metal.

 

SECTION 53C. Said chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out section 247 and inserting in place thereof the following:

 

The board shall adopt reasonable and uniform rules and regulations for cities and towns relative to the practice of sheet metal work. The rules and regulations shall be enforced by the local or state inspector of sheet metal. The board shall adopt a regulation requiring all cities and towns to use a uniform application for a permit to perform sheet metal work. Any fees for these permits shall be established by the city or town. Notwithstanding any general or special law to the contrary, no licensed journeyperson or master sheet metal worker shall be issued a permit for the performance of sheet metal work pursuant to this chapter unless the licensee has a current liability insurance policy, including completed operations coverage, which has been issued by an insurance company licensed to do business within the commonwealth, or other type of indemnity against liability providing substantially equivalent coverage, or a bond.

 

A person aggrieved by a ruling interpreting the rules and regulations made under this section, may appeal to the board in writing within 10 days after such ruling and the board shall hear and decide such appeal, subject to chapter 30A relative to adjudicatory proceedings. Such decision shall be final and binding upon all parties in interest.

 

SECTION 53D. Said chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out section 249 and inserting in place thereof the following:

 

No person shall install sheet metal work without first obtaining a permit from the Inspector. The permit shall be obtained by mailing or delivering a permit application form approved by the board.  A person failing to obtain the permit shall be punished by a fine to be determined by the board. This section shall be enforced by inspectors and the board.  Nothing in this section shall affect, restrict, diminish or limit any other penalty or remedy provided by law, nor shall any enforcement action taken by an inspector or other official limit the board from taking any action within the scope of its jurisdiction.

 

SECTION 53E. Chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following section:

 

Section 247A.  Local Inspectors of Sheet Metal Work

 

(a)A city or town shall, by ordinance, vote or by-law, appoint an inspector of sheet metal. Said inspector shall be a licensed master sheet metal worker. Two or more cities or towns may vote to form a district and shall appoint an inspector of sheet metal, whose compensation shall be fixed by the district and paid for by each city and town comprising such district as the city and town members thereof shall determine and who shall have the same powers and duties of an inspector of a city or town.  Said inspector may also serve as inspector of plumbing, gas fitting, or building if qualified under chapters 142 and 143.

 

(b)Every inspector of sheet metal appointed shall be certified by the board.  The board shall develop requirements and promulgate regulations for the certification of inspectors of sheet metal and shall issue a certificate to individuals who meet the requirements. Said board shall also promulgate rules and regulations for the implementation and requirements of continuing education for inspectors of sheet metal.

 

(c)Notwithstanding any general or special law to the contrary, an individual who has inspected sheet metal work for at least five years and who is of good moral character shall be eligible to obtain a master sheet metal license and certification to be a sheet metal inspector after passage of a board required examination but without any additional educational or experience requirements.

 

(d)Notwithstanding any general or special law to the contrary, an inspector of buildings appointed by chapter 143 of the general laws who does not hold a certificate to inspect sheet metal work issued by the board may continue to inspect sheet metal work until the expiration of this section.

 

 

SECTION 53F. Section 101 of chapter 13 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out paragraph (a) and inserting in place thereof the following:

 

(a) There shall be within the division of professional licensure a board of examiners of sheet metal workers to consist of the director of professional licensure or his designee and 6 persons, residents of the commonwealth, to be appointed by the governor for terms of 3 years, 2 of whom shall be journeyperson sheet metal workers with at least 10 years of practical experience and who are wage earners, 2 of whom shall be master sheet metal workers with at least 10 years of practical experience in sheet metal work, 1 of whom shall be a local or state inspector of sheet metal, and 1 of whom shall be a representative of the public and subject to section 9B.

 

SECTION 53G.

 

(a)Section 53A, 53B, 53C, 53D, and 53E shall take effect four years after passage of this act.

 

(b) Section 53F shall take effect five years after passage of this act.

 

(c)Section 53E shall expire five years after passage of this act.