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)