CHAPTER
Saf-Mec 600
PROFESSIONAL STANDARDS
PART
Saf-Mec 601 PURPOSE
Saf-Mec 601.01 Purpose. The purpose of these rules is to promote
professional standards for fuel gas fitting and plumbing licensees, plumbing apprentices
and fuel gas fitting trainees, certified oil heating and water treatment
technicians, seminar providers and professional licensing instructors, board
members, and mechanical business entities, to be evaluated under RSA 153:27
through 153:38.
Source. #12385, eff 9-20-17
PART
Saf-Mec 602
DEFINITIONS
Saf-Mec 602.01 “Imminent
threat to life safety” means any condition,
operating feature, or combination thereof that when energized presents a hazard
that could cause property damage through fire or explosion, or health or life
safety hazards to the occupants, residents, or property owners.
Source. #12385, eff 9-20-17
PART
Saf-Mec 603
PROFESSIONAL OBLIGATIONS
Saf-Mec 603.01 Obligations
of Mechanical Business Entities and Individual Fuel Gas Fitting Licensees,
Plumbing Licensees, Plumbing Apprentices, and Fuel Gas Fitting Trainees. Licensees, certificate holders, and
mechanical business entities shall:
(a)
Maintain proficiency in the New Hampshire mechanical licensing laws, the
adopted codes, and standards as they apply to each license discipline, and the
administrative rules of the board;
(b)
Cooperate with local code enforcement personnel as required by local
written ordinances;
(c)
Give accurate and complete information when asked to do so as part of an
investigation or hearing by any governmental entity;
(d)
Not represent themselves as a master or journeyman plumber when
registered as a plumbing apprentice; and
(e)
Not represent themselves as a licensed fuel gas fitter when registered as
a fuel gas trainee.
Source. #12385, eff 9-20-17
Saf-Mec 603.02 Additional Obligations of
Mechanical Business Entities and Individual Fuel Gas Fitting Licensees,
Plumbing Licensees. Licensees, certified
oil heating and water treatment technicians, and mechanical business entities
shall:
(a)
Obtain local permits and inspections as required;
(b) Accurately inform their customers
or potential customers in writing about any reasonably foreseeable hazards and
potential code violations that may pose a risk of personal safety to them, to
property owners, or to occupants;
(c)
Act in good faith to recognize, repair or remove from service any
appliance or system that presents an imminent threat to the health or life
safety of a property owner, resident, tenant, or visitor to the property,
facility, or building which the licensee discovers in the performance of their
duties; and
(d)
Honor any warranty of products or services whether implied or in writing
as part of a sale of services, goods, or both, to consumers in a timely and
proficient manner.
Source. #12385, eff 9-20-17
PART
Saf-Mec 604 REVOCATION,
SUSPENSION AND OTHER SANCTIONS
Saf-Mec 604.01 Misconduct. Misconduct shall be:
(a)
The participation in, or practice of, fraud or deceit in procuring or
attempting to procure a license or certificate for one’s self or for the
benefit of another;
(b)
While licensed or certified, any conviction 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;
(c)
Unprofessional conduct, or dishonorable conduct unworthy of, and
affecting the practice of fuel gas fitting, plumbing, oil heating or water
treatment, including:
(1) Any violation of the adopted rules of the
board;
(2)
Any violation of RSA 153:27 through 153:38;
(3) Any violation of the current adopted state
building code and/or the state fire safety code;
(4) Any violation of a local code ordinance more
stringent than the state fire safety or building code;
(5) The allowance by a mechanical licensee or a mechanical
business entity of the performance of plumbing or fuel gas fitting work by an
individual who is not a licensed fuel gas fitter, plumber, or an apprentice or
trainee holding a currently valid registration license; or
(6)
The allowance by a mechanical licensee of the performance of plumbing work by
an apprentice in violation of the apprenticeship agreement required by RSA 278,
or fuel gas fitting work by a trainee in violation of RSA 153:27 through RSA
153:38, Saf-Mec 300, or Saf-Mec 400;
(d)
Negligent or willful acts performed in a manner inconsistent with the
health or safety of persons under the care of the licensee or certificate
holder;
(e)
Addiction to the use of alcohol or other habit-forming drugs to a degree
which renders him or her unfit to practice plumbing or fuel gas fitting;
(f)
Mental or physical incompetence to practice plumbing or fuel gas
fitting;
(g)
Willful or repeated violations of RSA 153:27 through RSA 153:38;
(h)
Suspension or revocation without reinstatement of a license or
certification similar to one issued under RSA 153:27 through 153:38 in another
jurisdiction; or
(i) The failure of a mechanical licensee,
plumbing apprentice, fuel gas trainee, certified oil heating technician, or
certified water treatment technician to recognize, repair, or remove from
service any appliance or system that presents an imminent threat to the health
or life safety of a property owner, resident, tenant, or visitor to the property,
facility, or building which the licensee discovers in the performance of their
duties.
Source. #12385, eff 9-20-17
Saf-Mec 604.02 Sanctions.
(a)
Pursuant to RSA 153:32, III, disciplinary measures available to sanction
misconduct shall be:
(1) A reprimand in the form of a letter sent to
the licensee or certificate holder
and
placed on file for a
period of not less than one year;
(2) Probation for a period of time to be
determined by the board in which the licensee, business entity, or certificate
holder shall file monthly reports to the board for regulated work performed in
New Hampshire;
(3) Suspension, limitation, or restriction of
license for a period of up to 5 years;
(4) Revocation of license or certification; and
(5) Requiring the licensed plumber or licensed
fuel gas fitter, plumbing apprentice, fuel gas trainee, certified oil heating
technician, or certified water treatment technician to participate in a program of continuing
education in the area or areas in which he or she has been found deficient.
(b)
Disciplinary measures specified in (a) above shall be served by the
issuance of a formal “Notice of Violation” or “Written Warning,” served in hand
by a mechanical inspector pursuant to RSA 153:34, which is designed for the
licensee, business entity, trainee, apprentice, or certificate holder to take
immediate actions required to correct the deficiency noted on said forms.
Source. #12385, eff 9-20-17
Saf-Mec 604.03 Procedure for the Imposition
of Sanctions. Other than the
immediate suspension of licensure authorized by RSA 541-A:30,
III, the board shall impose disciplinary sanctions only:
(a)
After prior notice to the licensee or certificate holder and the
opportunity for him or her to be heard; or
(b)
By agreement in a settlement between the board and the licensee or
certificate holder made pursuant to Saf-Mec 200.
Source. #12385, eff 9-20-17
Saf-Mec 604.04 Determinations of Sanctions.
(a)
In determining which sanction or combination of sanctions to impose, the
board shall:
(1) First determine the nature of the act or
omission constituting the misconduct done by the licensee or certificate
holder;
(2) Next determine whether the misconduct has one
or more of the characteristics listed in (b) below; and
(3) Finally, apply the standards
in (c) below.
(b)
The characteristics shall be whether:
(1) The misconduct actually caused physical or
mental harm to an individual;
(2) The misconduct had the potential to cause
physical or mental harm to an individual;
(3) The misconduct repeated earlier misconduct
done by the licensee or certificate
holder, as determined by:
a. An
earlier hearing;
b. An
earlier settlement agreement predicated on the same misconduct; or
c. An
admission by the licensee or certificate holder; or
(4) The misconduct was committed knowingly rather
than negligently or inadvertently.
(c)
The board shall select appropriate sanction(s):
(1) From the list in RSA 153:32, III; and
(2) By choosing, in light of the characteristics
determined pursuant to (b) above, the sanction most likely to:
a. Protect
public health and safety;
b. Prevent
future misconduct by the licensee or certificate holder;
c. Take
into account any acknowledgment of fault and any cooperation by the licensee or
certificate holder with the board's investigation of misconduct;
d. Correct
any attitudinal, educational, or other deficiencies which led to the
misconduct;
e. Encourage
the responsible practice of plumbing, fuel gas fitting, oil heating, or water
treatment; and
f.
Demonstrate to the licensee or to the
certificate holder and also to the public the board's intention to ensure that
the practices of plumbing and fuel gas fitting are in accordance with
applicable law and the public welfare.
Source. #12385, eff 9-20-17
PART
Saf-Mec 605 ONGOING REQUIREMENTS FOR MECHANICAL LICENSEES, FUEL GAS TRAINEES
AND PLUMBING APPRENTICES
Saf-Mec 605.01 Administrative Obligations.
(a)
Licensees, certificate holders, and business entities shall notify the
board's office of a change of name, address, or telephone number within 30 days
of the date of the change.
(b)
Licensed mechanical business entities shall submit an updated licensure
application, free of charge, within 30 calendar days following the replacement
of the responsible managing employee, corporate officer, managing member, or
partner who signed the business entity's application for initial licensure.
(c)
Whenever mechanical licensees, certificate holders, or business entities
begin a plumbing, fuel gas fitting, oil heating, or water treatment project,
installation or replacement, in a location where there is no local code
enforcement authority pursuant to RSA 155-A:2 VIII, they shall report by fax,
e-mail, or letter to the board's office:
(1) The name of the licensee, certificate holder,
or business entity beginning the job;
(2) The address of the job site; and
(3) Whether the job is remodeling,
rehabilitation, or new construction.
Source. #12385, eff 9-20-17
Saf-Mec 605.02 Limitation on Number of
Apprentices. Except as approved by
the apprenticeship council pursuant to RSA 278, plumbing licensees shall employ
at any one time no more than the following number of apprentices:
(a)
One apprentice per licensee if there are between one and 5 licensees;
and
(b)
If there are more than 5 licensees, one additional apprentice for each 3
additional licensees.
Source. #12385, eff 9-20-17
Saf-Mec 605.03 Limitation on Number of
Trainees. Gas fitting licensees
shall employ at any one time no more than 2 fuel gas fitting trainees for every
one licensed fuel gas fitting technician, provided that the endorsement of the
licensee meets or exceeds the level of the work being performed by the
trainees.
Source. #12385, eff 9-20-17
PART Saf-Mec 606 ADVERTISING OBLIGATIONS
Saf-Mec 606.01 Advertising on Vehicles.
(a)
Mechanical licensees, certificate holders, or business entities
displaying their business name on the exterior of a vehicle, and representing
services by using the terms “mechanical”, “plumbing”, “heating”, “fuel gas”, or
“propane” shall also display the appropriate mechanical license number, as
follows:
(1) In legible type at least 2 inches in height;
and
(2) On the front left and front right side of the
vehicle, or in the area where the name, offer of service, or both are
displayed.
Source. #12385, eff 9-20-17
Saf-Mec 606.02 Non-Vehicle
Advertising Obligations.
(a)
Mechanical licensees, certificate holders, or business entities using
visual advertising to advertise licensed services shall display their license
numbers on televised advertising, billboards, advertising in the press, visual
advertising on the internet, visual advertising in movie theatres, and
advertising on business cards and stationery.
(b)
Mechanical licensees, certificate holders or business entities
advertising licensed services through the use of sound shall state their
license numbers at least once in every instance of radio advertising, auditory
television advertising, auditory advertising on the web, and auditory
advertising in movie theatres.
Source. #12385, eff 9-20-17
PART
Saf-Mec 607 PROHIBITED
ACTIONS
Saf-Mec 607.01 Prohibited Actions. Fuel gas fitting and plumbing licensees,
plumbing apprentices, and fuel gas fitting trainees, certified oil heating and
water treatment technicians, seminar providers and professional licensing
instructors, and mechanical business entities shall not:
(a)
Deny services to any person by reason of race, creed, gender, sexual orientation, country of origin, religion or
disability;
(b)
Allow any other individual or entity to use the licensee’s license or
the certificate-holder’s certificate for the purpose of facilitating the
issuance of permits or for any other purpose;
(c)
If they are plumbing and/or fuel gas fitting licensees, sub-contract any
plumbing and/or fuel gas fitting work to any unlicensed individual or entity;
(d)
Misrepresent to their customers or to the public, in advertising or
otherwise, their services for which they are properly licensed and qualified to
perform; or
(e) Misrepresent to their customers additional
services or materials not reasonably required for the work, services, or both,
the customers have requested to be done without written authorized customer
notification and approval.
Source. #12385, eff 9-20-17
PART
608 DUTY TO
NOTIFY
Saf-Mec 608.01 Notification of Hazardous
Conditions.
(a)
Fuel gas fitter and plumbing licensees and certified oil heating and
water treatment technicians shall immediately notify the homeowner, resident
property owner, or occupant(s) of any condition that renders any appliance,
fixture, or system that presents a hazard, threat, or both, to personal or life
safety.
(b)
If possible and without causing destruction to the appliance, fixture,
or system, the licensee or technician shall be required to remove from service
any appliance, fixture, or system that presents an imminent threat to life
safety, by closing the fuel supply or appliance service valve(s) and
deactivating the power switch.
(c)
Any appliance, fixture, or system that has been removed from service in
order to protect the occupant(s) shall be labeled with a warning sign, label,
or tag clearly stating “DO NOT OPERATE”.
(d)
The practice of removing an appliance, fixture, or system from service
shall not be permitted in the absence of an imminent threat to life safety.
Source. #12385, eff 9-20-17
PART
609 CONFLICTS
OF INTEREST
Saf-Mec 609.01 Obligations
by Mechanical Licensing Board Members. Board members and representatives of the
board shall not enter into, or participate in, the following:
(a)
Any action by a board member or representative of the board that could
be perceived as an unfair advantage to the business interests of a board member
or representative that would not be extended equally to any other licensee,
certificate holder, or business entity regulated by the board;
(b)
Any conflict of interest that presents an unfair business, financial, or
regulation advantage by a board member or representative, over a licensee,
certificate holder or business of another;
(c)
Any undue influence by a board member to circumvent the requirements of
RSA 153:27 through 153:38, or any rules of the board; and
(d)
Any direct contact by a board member to a mechanical safety inspector
which is intended to seek the favor of or to influence said inspector with
regards to his or her enforcement or inspection duties.
Source. #12385, eff 9-20-17
Saf-Mec 609.02 Disclosure of Conflicts. Board members shall disclose any and all
possible conflicts of interest regarding the following:
(a)
Any position held as a board member of a trade or education association
either doing business with or regulated by the board;
(b)
Any paid teaching position in any formal licensing program or continuing
education program regulated by the board;
(c)
Any position of influence held on any trade or lobbying association that
may have direct or indirect contact with the board;
(d)
Any position, whether volunteer or paid, that may present itself as having
any undue influence over a licensee, certificate holder or business entity,
certified or licensed by the board; and
(e)
Any professional proctor that may have any contact with prospective
licensees or certificate holders during any portion of the licensing or
certification processes regulated by the mechanical licensing board.
Source. #12385, eff 9-20-17
PART 610 CONTINUING
OBLIGATIONS FOR TRAINING SCHOOLS AND PROGRAMS
Saf-Mec 610.01 Requirements of Approved
Training Programs. Approved training
programs and institutions shall:
(a)
Seek board approval for any changes in the approved curriculum;
(b)
Seek board approval for any changes in instructors, teachers, or
laboratory training providers per Saf-Mec 308.01 and Saf-Mec 308.03(a);
(c)
Seek board approval for any changes in the testing or examination
questions or procedures per Saf-Mec 308.02 and Saf-Mec 308.03(b);
(d)
Advise the board of changes in venue, relocation of the training
institution, or changes in the mailing address;
(e)
Notify the board within 10 business days when a student is discharged
from a licensing class for any reason including but not limited to:
(1) Attendance;
(2) Behavior;
(3) Academics; or
(4) Any violation of school rules or regulations;
and
(f)
Notify the board within 3 business days of any licensee’s or certificate
holder’s successful completion of any licensing program, session, or licensure
level.
Source. #12385, eff 9-20-17
Saf-Mec 610.02 Auditing
Procedures for Educational Institutions and Programs. Professional licensing and certification
training institutions and programs desiring to maintain approvals obtained
under Saf-Mec 308.01 or Saf-Mec 308.02 shall submit the following information
to the board no less than once every 2 years, which information shall be
evaluated under Saf-Mec 300 and Saf-Mec 400:
(a)
A list of the courses and programs offered by the institution;
(b)
A list of the educators, including their credentials to teach the
subject matter;
(c)
The course outlines including subject matter, order of progression, and
how the course complies with the adopted rules for licensure or certification;
(d)
Copies of tests, quizzes, and exams including any and all questions used
for licensure or certification;
(e)
A list of exam proctors who are independent from the course instructor;
(f)
Copies of intake application forms along with any policies and
procedures for students while in attendance of the course and/or training
institution;
(g)
Copies of student handbooks, educational materials, and power point
presentations that apply to licensing or certification course(s) offered by the
educational provider; and
(h)
Any additional supporting materials requested by the board for
evaluation.
Source. #12385, eff 9-20-17
APPENDIX
Rule |
Specific State Statute the Rule Implements |
|
|
Saf-Mec 601 -
Saf-Mec 602 |
RSA 153:27-a,
II(a), (b) |
Saf-Mec 603 |
RSA 153:27-a,
II(a), (b); RSA 153:29, III |
Saf-Mec 604 |
RSA 153:27-a,
II(a), (b), (d); RSA 153:29, III; RSA 153:32 |
Saf-Mec 605 |
RSA 153:27-a,
II(a), (b); RSA 153:29-a, I; RSA 278 |
Saf-Mec 606 -
Saf-Mec 609 |
RSA 153:27-a,
II(a), (b) |
Saf-Mec 610 |
RSA 153:27-a,
II(a), (b), (c) |