CHAPTER Mec 400 CONTINUED STATUS
REVISION NOTE:
Chapter Saf-Mec
400 titled “Continued Status” was originally adopted by Document #10848,
effective 7-1-15.
Pursuant to 2021, 91:82, effective 7-1-21,
which amended RSA 153:27-a, the Mechanical Licensing Board was transferred from
being a unit within the Division of Fire Safety of the Department of Safety to
a unit within the Office of Professional Licensure and Certification (OPLC). The Board
still had its own rulemaking authority under RSA 153:28,
RSA 153:29, and RSA 153:29-a to adopt rules, but with the approval of the
Commissioner of the Department of Safety. Pursuant to 2022, 314:21-23 and 25, effective
7-1-22, the Board still has its own rulemaking authority under RSA 153:28, RSA
153:29, and RSA 153:29-a to adopt rules but with the approval of the Executive
Director of the OPLC. The existing rules
of the Board were numbered with the rule prefix subtitle “Saf-Mec”,
but all rules would eventually be renumbered with the
rule prefix title “Mec” to indicate the transfer of the Board from
the Department of Safety.
Document #13771, effective
12-10-23, readopted with amendment and renumbered Chapter Saf-Mec
400 as Chapter Mec 400, thereby replacing the prior
rules in Document #10848. The amendments included the deletion of Saf-Mec 401.05 defining “identification picture” in Part Saf-Mec 401 titled “Definitions”; the deletion of Saf-Mec 403.03 titled “Effect of Signature” in Part Saf-Mec 403 titled “Renewals of Individual Mechanical
Licenses”; and the insertion of Mec 405.03 titled “Eligibility
for Reinstatement of Lapsed Gas Trainee and Plumbing Apprentice License”. The deletions and insertions necessitated the
renumbering of some rules in the former Part Saf-Mec
401 and Part Saf-Mec 403. The former rule numbers are indicated in the source
notes.
PART Mec 401 DEFINITIONS
Mec
401.01 “Continuing education course”
means a course based on laws, rules, codes, and standards as approved by the
mechanical licensing board for the further education of licensed fuel gas
fitters and plumbers in New Hampshire.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 401.01)
(see Revision Note at chapter heading for Mec 400)
Mec
401.02 “Proof of continuing education
supporting materials” means either a certificate of course completion, whether
electronic or hard copy, including wallet cards, or a course roster certified
by the approved seminar provider for the course.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 401.06)
(see Revision Note at chapter heading for Mec 400)
Mec
401.03 “Seminar provider” means an
individual who holds a current and valid NH master plumber’s license or a NH
fuel gas fitter’s license with a service technician’s endorsement, who has been
trained and approved by the mechanical licensing board for the purposes of
providing continuing educational classes on the laws, rules, codes, and
standards of this subdivision for licensure renewal.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 401.04)
(see Revision Note at chapter heading for Mec 400)
Mec
401.04 “State fire safety code” means
the part of Saf-C 6000 as adopted pursuant to RSA
153:5.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 401.03)
(see Revision Note at chapter heading for Mec 400)
Mec 401.05 "State plumbing code" means that
part of the state building code, as defined in RSA 155-A:1, IV, which regulates
plumbing, as modified by the state building code review board within the limits
established by RSA 155-A:10, V.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 401.02)
(see Revision Note at chapter heading for Mec 400)
PART
Mec 402 EXPIRATION
OF MECHANICAL LICENSES
Mec 402.01 Expiration
of Individual Mechanical Licenses.
(a) Pursuant to RSA 153:30, I, individual fuel
gas fitting, domestic appliance technician, hearth system installation and
service technician, master plumber, and journeyman plumber licenses
(“mechanical licenses”) shall expire every 2 years on the last day of the month
the license was issued.
(b) Individuals whose mechanical licenses have
not been renewed before the expiration date shall be considered expired, and
subject to the provisions of RSA 153:37, I and II if they practice any type of
fuel gas fitting or plumbing without a currently valid license.
(c) Should an individual fail to renew a license
prior to expiration, said licensee shall be required to go through the reinstatement
process described in Mec 405.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 402.01)
(see Revision Note at chapter heading for Mec 400)
Mec
402.02 Expiration of Mechanical
Business Entity Licenses.
(a)
All mechanical business entity licenses subject to renewal shall expire on
the last day of the month in the month they were issued, 2 years from the date
they were issued.
(b)
Business entities whose mechanical licenses have not been renewed before
their expiration date shall be considered expired, and subject to the provisions
of RSA 153:37, I and II if they practice any type of fuel gas fitting or
plumbing without a currently valid license.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 402.02)
(see Revision Note at chapter heading for Mec 400)
PART Mec 403 RENEWALS OF
INDIVIDUAL MECHANICAL LICENSES
Mec
403.01 Renewal Application Process
for Individuals Seeking Plumbing and Fuel Gas Fitting Licenses and Trainee or
Apprentice Licenses.
(a)
Each individual seeking a renewal license to practice as a domestic
appliance technician, a fuel gas fitter, a master, or journeyman plumber, or
seeking to renew as a fuel gas trainee or plumbing apprentice, shall do so by
submitting the following:
(1) The information described in Mec 403.02(d);
(2) If a plumbing apprentice or fuel gas fitting
trainee, proof of continued enrollment in the educational program;
(3) If a holder of any other type of mechanical
license issued pursuant to RSA 153:27-38, proof of continuing education
supporting materials required for each licensing endorsement applied for; and
(4) The license fee required by Plc 1002.25 which
is applicable to the type of license sought.
(b)
The application for renewal shall be processed in accordance with Plc
308.09 through Plc 308.12.
(c)
The board shall deny a renewal application based on the following
criteria:
(1) The practice of fraud or deceit in procuring
or attempting to procure a license to practice under RSA 153:27-38 and these
rules;
(2) Subject to paragraph (d) below, conviction of
any criminal offense involving injury to a victim or the risk of such injury or
any criminal offense involving dishonesty;
(3) Any unprofessional conduct, or dishonorable
conduct unworthy of, and affecting the practice of, the profession, or such
conduct that poses risk to public health, safety, or welfare to individuals affected
by the practices or actions of the licensee;
(4) Unfitness or incompetence by reason of
negligent habits or other causes; or negligent or willful acts performed in a
manner inconsistent with the health or safety of persons under the care of the
licensee;
(5) Addiction to the use of alcohol or other
habit-forming drugs to a degree which renders the licensee unfit to practice
under RSA 153:27-38 and these rules;
(6) Mental or physical incompetence to practice
under RSA 153:27-38 and these rules;
(7) Willful or repeated violation of the
provisions of RSA 153:27-38 and these rules; or
(8) Suspension or revocation of a license, similar to one issued under this subdivision, in another
jurisdiction and not reinstated.
(d)
For any convictions as described in paragraph (c)(2) above, the board
shall consider the following:
(1) The nature of the criminal act committed;
(2) Whether or not there was a direct
relationship between the criminal act and the profession for which the
applicant is seeking licensure;
(3) The length of time between the conviction or
release and application dates;
(4) Any rehabilitation, training, or educational
courses taken as a condition of release, probation, or parole;
(5) Any conditions, certificates, or letters of
completion regarding sentencing, release, probation, or parole; and
(6) Direct testimony from the applicant, the
applicant’s sponsor, or employer.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 403.01)
(see Revision Note at chapter heading for Mec 400)
Mec
403.02 Application Renewal Form to be
used by Applicants for Individual Licenses.
(a) The application for renewal form shall be
provided by the board.
(b) The applicant for renewal shall submit the
information described in Plc 308.06 on the “Universal Application for License
Renewal”.
(c) In addition to the information required by
(b) above the applicant shall provide on the “Addendum to the Renewal
Application for An Individual Described in Plc 308.06” the following:
(1) The name, full business address, and
telephone number of:
a. The applicant’s own business, if any; or
b. The applicant’s employer, if any; and
(2) The continuing education courses taken within
the licensing period, by providing for each course the course name, the date
attended, the location, and instructor.
(d) The applicant for renewal shall sign and date
the renewal application under the statement described in and in accordance with
Plc 308.08.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 403.02)
(see Revision Note at chapter heading for Mec 400)
Mec 403.03 Required Supporting Materials. Individual applicants for renewal licensure
shall provide, or arrange for the board to receive, the following documents
supporting their applications:
(a)
Proof of continuing education supporting materials for each continuing
education course taken within the licensing period as described in Mec 404;
(b)
If the applicant answered yes to any of the questions listed in Plc
304.03(e) a criminal background check from the state in which the conviction
occurred;
(c) For fuel gas trainee or plumbing apprentice, an
updated endorsement letter;
(d) For fuel gas trainees’, proof of enrollment
in an approved board sanctioned training program for fuel gas fitting licensure
described in Mec 308; and
(e) For plumbing apprentice, proof of enrollment
in an United States Department of Labor approved
apprenticeship program for plumbing.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 403.04)
(see Revision Note at chapter heading for Mec 400)
Mec 403.04 Eligibility for Renewal of Individual
Mechanical Licenses. Individuals
shall be eligible for renewal of their mechanical licenses if they:
(a)
Are of good character, as evidenced by:
(1) Their answers to questions on the licensure
application renewal form; and
(2) Any additional information provided at the
request of the board;
(b)
Have met the requirement for continuing education set forth in Mec 404;
(c)
Have complied with the application procedures set forth in Mec 403; and
(d)
Have paid the renewal fee for the type of license being renewed as set
forth in Plc 1002.25.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 403.05)
(see Revision Note at chapter heading for Mec 400)
Mec 403.05 Eligibility for Renewal of Individual
Plumbing Apprentice and Fuel Gas Fitting Trainee Licenses. Individuals
shall be eligible for renewal of their fuel gas fitting trainee or plumbing
apprentice licenses if they:
(a)
Are of good character, as evidenced by:
(1) Their answers to questions on the application
renewal form; and
(2) Any additional information provided at the
request of the board;
(b)
Demonstrate proof that they are enrolled in an approved fuel gas trainee
or plumbing apprentice formal education program, or both;
(c)
Have complied with the application procedures set forth in Mec 403; and
(d)
Have paid the renewal fee for the type of license being renewed as set
forth in Plc 1002.25.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 403.06)
(see Revision Note at chapter heading for Mec 400)
PART
Mec 404
REQUIRED CONTINUING EDUCATION
Mec
404.01 Obligation to Complete
Continuing Education.
(a)
To be eligible for licensure renewal, individual mechanical licensees
shall complete a total of no fewer than 6 hours of continuing education for
each plumbing or fuel gas fitting endorsement, in every 2 year licensing cycle,
given by:
(1) A board approved seminar provider described
in Mec 404.02, teaching a continuing education
seminar described in Mec 404.03; or
(2) A comprehensive training session sanctioned
by the board, if the licensee is personally a board
approved seminar provider.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 404.01)
(see Revision Note at chapter heading for Mec 400)
Mec
404.02 Licensing Renewal Seminar
Providers and Instructors.
(a)
Providers of continuing education seminars shall:
(1) Have held a New Hampshire master plumbing
license or fuel gas service technician license for at least 3 consecutive
years, or a journeyman plumber’s license or fuel gas fitting license for 5
consecutive years, within their respective licensing disciplines, and who has
remained active and in good standing with their individual licenses; and
(2) Not be members of the board, or an individual
who performs inspections or licensing enforcement on behalf of the board.
(b)
Seminar providers shall have received, during each calendar year in
which they are teaching, no fewer than 3 hours of training:
(1) On the use of the current adopted versions of
the International Code Council (ICC), the National Fire Protection Agency
(NFPA) and approved materials on the New Hampshire plumbing code, the fuel gas
fitting and mechanical codes, licensing statutes and their adopted rules; and
(2) Given by an approved individual representing
the mechanical licensing board to provide such training.
(c)
Seminar providers shall submit the application for approval by the
board, which shall include a resume of the qualifications with respect to the
training and instruction of fuel gas fitters and plumbers, respectively.
(d) An individual representing
the mechanical licensing board, who has participated in the development and
provision of continuing education training for seminar teachers, shall be
credited by the board with having met the continuing education requirements set
forth in Mec 404.
(e) Seminar instructors shall be credited by the
board with having met their continuing education obligation by:
(1) Paying the fee set forth in Plc 1002.25; and
(2) Attending and participating in the annual training
for seminar instructors.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 404.02)
(see Revision Note at chapter heading for Mec 400)
Mec
404.03 Continuing Education Seminars
for Licensing Renewal.
(a)
Continuing education seminars developed and approved by the mechanical
licensing board shall be no fewer than 3 contact hours each, in a classroom
setting, which:
(1) Shall be devoted to the New Hampshire adopted
codes and standards for the plumbing or fuel gas fitting licensing discipline
being taught, the current licensing laws and adopted rules, and time for
answering students' questions;
(2) Shall be based on the current adopted ICC
code materials relative to the New Hampshire state plumbing code, or the
current adopted NFPA and ICC codes relative to fuel gas fitting and appliance
installation in New Hampshire; and
(3) Shall be in accordance with the required
training received during the same calendar year by the provider of the seminar.
(b)
A seminar provider shall provide copies of any board approved and
produced materials, such as handouts, to the seminar students.
(c)
A provider shall require that each student display to the provider their
plumbing license, fuel gas fitting license, and United Stated state government
or federally issued photo identification.
(d)
Promptly after each seminar, the provider of the seminar shall submit to
the board a written statement showing:
(1) The date of the seminar;
(2) The course
identification number;
(3) The seminar
provider identification number; and
(4) A list of the students attending the seminar,
including their respective mechanical license number.
(e)
Each student attending a licensing renewal seminar shall bring a current
code book required for the licensing discipline course in which they are
attending.
(f)
No student shall receive credit for a repeated education seminar,
meaning that each licensee shall complete separate board approved 3 hour
training sessions within their individual 2 year licensing cycle for each
licensing endorsement sought.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 404.03)
(see Revision Note at chapter heading for Mec 400)
PART Mec 405
REINSTATEMENTS OF INDIVIDUAL MECHANICAL LICENSES
Mec
405.01 Types of Reinstatement of
Individual Mechanical Licenses. The board shall reinstate individual
mechanical licenses, as follows:
(a)
In accordance with the terms of the board's order if the licenses were
suspended for disciplinary reasons; or
(b)
If the license lapsed as a result of
non-renewal pursuant to Mec 403.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 405.01)
(see Revision Note at chapter heading for Mec 400)
Mec
405.02 Eligibility for Reinstatement
of Lapsed Individual Mechanical Licenses.
(a) An individual shall be eligible for
reinstatement of their lapsed domestic appliance technician, fuel gas fitting,
plumbing license, gas trainee license, or plumbing apprentice license if they
apply and complete the reinstatement process less than 365 days from the date
the license lapsed and the applicant for reinstatement:
(1) Is of good character and professional
competence, as evidenced by:
a. The answers to the questions on the
reinstatement application form;
b. Any written explanations submitted; and
c. Any additional information provided on the
request of the board;
(2) Complies with the reinstatement application
procedures set forth in Mec 403; and
(3) Pays the reinstatement fee required by Plc
1002.25.
(b) An individual shall be eligible for
reinstatement of their lapsed domestic appliance technician, fuel gas fitting, plumbing
license, gas trainee license, or plumbing apprentice license if they apply for
reinstatement 365 days or more after the date the license lapsed and the
applicant for reinstatement:
(1) Retakes and passes the examination that is
applicable for the above licensed disciplines;
(2) Is of good character and professional
competence, as evidenced by:
a. The answers to the questions on the
reinstatement application form;
b. Any written explanations submitted; and
c. Any additional information provided on the
request of the board;
(3) Complies with the reinstatement application
procedures set forth in Mec 403; and
(4) Pays the reinstatement fee set forth in Plc
1002.25.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 405.02)
(see Revision Note at chapter heading for Mec 400)
Mec
405.03 Eligibility for Reinstatement
of Lapsed Gas Trainee and Plumbing Apprentice License. An individual shall be eligible for
reinstatement of their lapsed gas trainee and plumbing apprentice license if
the individual:
(a)
Is of good character and professional competence, as evidenced by:
(1) The answers to the questions on the
reinstatement application form;
(2) Any written explanations submitted; and
(3) Any additional information provided on the
request of the board;
(b)
Complies with the reinstatement application procedures set forth in Mec 403; and
(c)
Pays the reinstatement fee set forth in Plc 1002.25.
(d) Who is a fuel gas trainee provides
proof of enrollment in an approved board sanctioned training program for fuel
gas fitting licensure; and
(e) Who is a plumbing apprentice providing proof
of enrollment in a United States Department of Labor approved apprenticeship
program for plumbing.
Source. #13771, eff 12-10-23
(see Revision Note at chapter heading for Mec 400)
Mec 405.04 Application Process for Reinstatement of
Individual Mechanical Licenses and the Processing of Applications.
(a)
Each individual applying for reinstatement of licensure shall submit:
(1) The completed, signed, and dated application
form described in Mec 403.02 and Mec
403.03;
(2) The supporting materials described in Mec 403.04; and
(3) Payment of the fee set forth in Plc 1002.25.
(b) If the board, after receiving and reviewing
the application materials described in (a) above requires additional
information or documents to determine the applicant's eligibility for
reinstatement of licensure, the board shall:
(1) So notify the
reinstatement applicant in writing within 30 days; and
(2) Specify the information or documents it
requires.
(c)
The board shall deny the application for reinstatement of licensure if
the applicant does not submit the requested additional information or documents
within 60 days of the request.
(d) The board shall approve or deny the
application for reinstatement of licensure in accordance with Mec 403.01, Mec 403.05, and Mec 403.06 within 60 days of the date that the board’s
office has received the completed, signed, and dated application form, the
supporting materials, the payment for fees and any information or documents
requested under (b) above.
(e)
If the board denies the application for reinstatement of licensure, the
board shall provide the applicant with written reasons for the denial.
(f)
An applicant for reinstatement of licensure wishing to challenge the
board's denial of the application shall make a written request for a hearing of
the challenge and submit it:
(1) Within 60 days of the notice of the denial;
or
(2) If the applicant is on active military duty
outside the United States, within 365 days of the applicant’s return to the
United States or release from duty, whichever occurs later.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 405.03)
(see Revision Note at chapter heading for Mec 400)
PART Mec 406 RENEWAL OF
MECHANICAL LICENSES FOR BUSINESS ENTITIES
Mec
406.01 Expiration of Mechanical Business Entity Licenses.
(a)
Pursuant to RSA 153:29-a, II, mechanical business entity licenses shall
expire bi-annually on the last day of January.
(b)
Business entities which have not had their licenses renewed by the board
before the expiration date of the license being renewed:
(1) Shall not engage in plumbing or fuel gas
fitting until their licenses have been renewed; and
(2) Shall be subject to the provisions of RSA
153:37, I if they engage in plumbing or fuel gas fitting without a currently
valid license.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 406.01)
(see Revision Note at chapter heading for Mec 400)
Mec
406.02 Eligibility for Renewal of
Mechanical Business Entity Licenses. A business entity shall be eligible
for renewal of its mechanical business entity license unless:
(a)
The license is under suspension by the board, in which case it shall not
be eligible until the suspension has ended;
(b)
The license to engage in fuel gas fitting or plumbing has been revoked
in New Hampshire or in another jurisdiction;
(c)
The business entity has been convicted of a felony;
(d)
The business entity has been the subject of a civil court judgment:
(1) As the result of negligence or repeated
violations of adopted laws, rules, or codes in which significant property
damage, or risk of injury to the occupants took place; or
(2) Based at least in part on liability for
injury to, or death of, a person;
(e)
The business entity has been the subject of 3 or more civil court
judgments specific to the licensing functions, each in the amount of $5,000.00
or more, excluding interest, within the previous licensing period;
(f)
The business entity does not employ at least one corporate officer or
responsible managing employee, as applicable, who currently holds a New
Hampshire fuel gas fitting license, master plumber license, domestic appliance
technician license, or hearth system installer license specific to the
discipline for which licensure is sought.
(g)
The business entity has not:
(1) Complied with the application procedures set
forth in Mec 406.03; and
(2) Paid the renewal fee set forth in Plc 1002.25
for the type of license being renewed.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 406.02)
(see Revision Note at chapter heading for Mec 400)
Mec
406.03 Procedures for Renewal of
Mechanical Business Entity Licenses.
(a)
Business entities seeking renewal of their mechanical business entity
licenses to engage in fuel gas fitting or plumbing shall do so by submitting the
information described in Plc 308.06 on the “Universal Application for License
Renewal.
(b)
In addition to the information required by (b) above the applicant shall
provide the below requested information on, the documentation with, the “Addendum
to the Renewal/Reinstatement Application for Business described in Plc 308.06”:
1. Identification of the business;
2. Identification of the individual who is a
corporate officer or responsible managing employee, as applicable, who
currently holds a New Hampshire fuel gas fitting license, master plumber
license, domestic appliance technician license, or hearth system installer
license specific to the discipline for which licensure is sought;
3. A list of all licensed employees
of the business entity, including name and license number, who perform fuel gas
fitting or plumbing work;
4. A detailed account of the
circumstances relating to any court judgments against the business entity if
any; and
5. A detailed account of the circumstances
relating to any criminal conviction of the business entity if any;
6. Attach to the application proof of current
liability insurance; and
7. Attach to the application a letter of good
standing from the New Hampshire secretary of state’s office.
(c)
The application shall be dated and signed by at least one corporate
officer or responsible managing employee, and who currently holds a New
Hampshire fuel gas fitting license, master plumber license, domestic appliance
technician license, or hearth system installer license specific to the
discipline for which licensure is sought in accordance with Plc 308.08.
(d)
The application for renewal shall be processed in accordance with Plc
308.09 through Plc 308.12.
(e)
Business entities that wish to be re-licensed to engage in fuel gas
fitting or plumbing but fail to submit a completed, signed, and dated renewal
application form within the timelines set out in (a) above shall apply for
reinstatement of licensure in accordance with Saf-Mec
407.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 406.03)
(see Revision Note at chapter heading for Mec 400)
Mec
406.04 The Effect of the Signature on
the Application Form for the Renewal of Mechanical Business Entity Licenses. The effect of the signature required by Mec 406.03(b)(2) shall be:
(a)
The signer's acknowledgement that, under RSA 641:3, I, knowingly making
a false statement on the application form is a misdemeanor; and
(b)
The signer's certification that the information provided on the renewal
application form is complete and accurate to the best of the signer's knowledge
and belief.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 406.04)
(see Revision Note at chapter heading for Mec 400)
Mec
406.05 Processing of Applications for
Renewal of Mechanical Business Entity Licenses.
(a)
If, after receiving and reviewing the completed, signed, and dated
renewal application form submitted by a business entity, the board requires
further information or documents to determine the applicant's qualification for
renewal of licensure, the board shall:
(1) So notify the
applicant in writing within 30 days; and
(2) Specify the additional information or
documents it requires.
(b)
The board shall deny the renewal application if the applicant does not
submit the additional information or documents requested within 60 days of its
request.
(c)
The board shall approve or deny the renewal application in accordance
with Mec 406 within 60 days of the date that the
board’s office has received the completed, signed, and dated application form
and any additional information or documents it has requested.
(d)
If the board denies the renewal application, the board shall provide the
renewal applicant with written reasons for the denial.
(e)
A renewal applicant wishing to challenge the board's denial shall make a
written request for a hearing of the challenge within 60 days of the notice of
the denial.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 406.05)
(see Revision Note at chapter heading for Mec 400)
PART Mec 407
REINSTATEMENT OF MECHANICAL LICENSES FOR BUSINESS ENTITIES
Mec
407.01 Types of Reinstatement of
Mechanical Licenses for Business Entities.
The board shall reinstate mechanical licenses for business entities:
(a)
In accordance with the terms of the board's order if the licenses were
suspended for disciplinary reasons; or
(b)
In accordance with Mec 407.02 if the licenses
lapsed as a result of non-renewal.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 407.01)
(see Revision Note at chapter heading for Mec 400)
Mec
407.02 Eligibility for Reinstatement
of Lapsed Mechanical Licenses for Business Entities. A business entity shall be eligible for
reinstatement of its lapsed mechanical business entity license if:
(a)
The board has not revoked the license;
(b)
The license is not under suspension by the board;
(c)
No other jurisdiction has revoked a license to engage in fuel gas
fitting or plumbing which it had issued to the business entity;
(d)
The business entity has not been convicted of a felony;
(e)
The business entity has not been the subject of a civil court judgment
related to plumbing or fuel gas fitting:
(1) As the result of negligence or repeated
violations of adopted laws, rules or codes in which
significant property damage, or risk of injury to the occupants took place; or
(2) Based at least in part on liability for
injury to, or death of, a person;
(f)
The business entity has not been the subject of 3 or more civil court
judgments directly related to the licensing functions of this subdivision, each
in the amount of $5,000.00 or more, excluding interest;
(g)
The business entity employs at least one corporate officer or
responsible managing employee, as applicable, who currently holds a New
Hampshire fuel gas fitting license, master plumber license, domestic appliance
technician license, or hearth system installer license specific to the
discipline for which licensure is sought; and
(h)
The business entity has complied with the reinstatement application
procedures set forth in Mec 407.03.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 407.02)
(see Revision Note at chapter heading for Mec 400)
Mec
407.03 Application Process for
Reinstatement of Lapsed Mechanical Licenses for Business Entities.
(a)
Each corporation, limited liability company, or partnership seeking
reinstatement of a lapsed mechanical license to practice fuel gas fitting or
plumbing shall do so by submitting the following application packet:
(1) A “Universal Application for License Renewal”
form provided by the board that meets the requirements of (b) below; and
(2) The fee set forth in Plc 1002.25.
(b)
The business entity shall submit the information described in Plc 308.06
on the “Universal Application for License Renewal”.
(c)
In addition to the information required by (b) above the business entity
shall provide the below requested information on, and documentation with, the
“Addendum to the Renewal/Reinstatement Application for Businesses Described in
Plc 308.06”:
(1) Identification of the business;
(2) Identification of the individual who is the
corporate officer or responsible managing employee, as applicable, who
currently holds a New Hampshire fuel gas fitting license, master plumber
license, domestic appliance technician license, or hearth system installer
license specific to the discipline for which licensure is sought;
(3) A list of all licensed
employees of the business entity, including name and license number, who
perform fuel gas fitting or plumbing work;
(4) A detailed account of the
circumstances relating to any court judgments against the business entity if
any; and
(5) A detailed account of the circumstances
relating to any criminal conviction of the business entity if any;
(6) Attach to the application proof of current
liability insurance; and
(7) Attach to the application a letter of good standing
from the New Hampshire secretary of state’s office; and
(d)
The application shall be dated and signed by at least one corporate
officer or responsible managing employee, as applicable, who currently holds a
New Hampshire fuel gas fitting license, master plumber license, domestic
appliance technician license, or hearth system installer license specific to the
discipline for which licensure is sought in accordance with Plc 308.08.
(e)
The application for reinstatement of a business entity license shall be processed
in accordance with Plc 308.09 through Plc 308.12.
Source. #10848, eff 7-1-15;
ss by #13771, eff 12-10-23 (formerly Saf-Mec 407.03)
(see Revision Note at chapter heading for Mec 400)
APPENDIX
Rule |
Statute Implemented |
|
|
Mec 401.01 |
RSA 541-A:7 |
Mec 401.02 |
RSA 541-A:7; RSA
155-A:1, IV |
Mec 401.03 |
RSA 541-A:7; RSA
153:5 |
Mec 401.04 - 401.05 |
RSA 541-A:7 |
Mec 402.01(a) |
RSA 153:30, I(a) |
Mec 402.01(b) |
RSA 153:30,
I(a); RSA 153:37, I |
Mec 402.01(c) - (d) |
RSA 153:30, I(b) |
Mec 402.02(a) |
RSA 153:29-a, II |
Mec 402.02(b) |
RSA 153:29-a,
II; RSA 153:37, I |
Mec 402.02(c) |
RSA 153:30, I(b) |
Mec 403.01(a) – (b)
|
RSA 153:30, I(a) |
Mec 403.01(c) |
RSA 541-A:29, I |
Mec 403.01(d) |
RSA 153:30, I(a) |
Mec 403.01(e) |
RSA 541-A:29, II |
Mec 403.01(f) – (i) |
RSA 153:30, I(a) |
Mec 403.02 – 403.06
|
RSA 153:30, I(a) |
Mec 404 |
RSA 153:30, I(d) |
Mec 405 |
RSA 153:30, I(b) |
Mec 406 |
RSA 153:29-a, II |
Mec 407 |
RSA 153:30, I(b) |