Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H397 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2146 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 397
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Erika Uyterhoeven
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the profession of fire-resistant material applicators.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Erika Uyterhoeven27th Middlesex1/19/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2146 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 397
18	18	By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 397)
19	19	of Erika Uyterhoeven relative to licensing of the profession of fire-resistant material applicators.
20	20	Consumer Protection and Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to the profession of fire-resistant material applicators.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 112 of the General Laws is hereby amended by inserting after
30	30	2section 289 the following section, titled “Fireproofing Applicators; License Requirement”:-
31	31	3 Section 290. (a) As used in this section, the following terms shall have the meaning
32	32	4ascribed as follows:
33	33	5 (1) "Fire-resistant material" means cementitious or fibrous materials that are sprayed onto
34	34	6a surface to provide fire-resistant protection of the substrate.
35	35	7 (2) "Fire-resistant material applicator" means an individual who applies fire resistant
36	36	8materials.
37	37	9 (b) Requirements.
38	38	10 (1) Every fire-resistant material applicator shall undergo training to apply fire-resistant
39	39	11materials according to manufacturer specifications. 2 of 3
40	40	12 (2) Every fire-resistant material applicator shall annually register with the board of
41	41	13examiners of fireproofing applicators.
42	42	14 (3) When a fire-resistant material applicator satisfactorily completes training and registers
43	43	15as required by this subsection, the state board of examiners of fireproofing applicators shall issue
44	44	16a license that indicates that the fire-resistant material applicator is qualified to apply fire-resistant
45	45	17material.
46	46	18 (c) Violations. Any person applying fire-resistant material who does not receive the
47	47	19training, register, and obtain a license as required in subsection (b) of this section shall be fined
48	48	20up to two hundred-fifty dollars per violation.
49	49	21 SECTION 2. Chapter 13 of the General Laws is hereby amended by inserting after
50	50	22section 109 the following section, titled “Board of Examiners of Fireproofing Applicators”:-
51	51	23 Section 110. (a) There shall be within the division of occupational licensure a board of
52	52	24examiners of fireproofing applicators to consist of 7 voting members; 2 of whom will be
53	53	25designees of the commissioner of the division of occupational licensure and 5 persons, residents
54	54	26of the commonwealth, to be appointed by the governor for terms of 3 years, 2 of whom shall be
55	55	27fireproof applicators with at least 10 years of practical experience and who are wage earners, 2 of
56	56	28whom shall be fireproof applicators with at least 10 years of practical experience and 1 of whom
57	57	29shall be a representative of the public and subject to section 9B.
58	58	30 (b) No member shall serve for more than 2 consecutive and complete 3-year terms. As
59	59	31the term of the office of a member expires, a successor shall be appointed in like manner for a
60	60	32term of 3 years. The governor may fill a vacancy in the board for the unexpired portion of the
61	61	33term. 3 of 3
62	62	34 (c) The board shall annually elect from among its members a chairperson and vice-
63	63	35chairperson. The board shall meet at least 4 times annually and may hold additional meetings as
64	64	36necessary to discharge its duties. Members shall serve without compensation but shall be entitled
65	65	37to reasonable travel expenses. The members of the board shall be public employees for the
66	66	38purposes of chapter 258 for all acts or omissions within the scope of their duties as board
67	67	39members.
68	68	40 (d) The board shall have the following powers and duties: (i) to administer and enforce
69	69	41section 290 of chapter 112; (ii) to adopt rules and regulations governing the licensure of fireproof
70	70	42applicators, and business entities and schools teaching fireproof applicators; (iii) to establish
71	71	43standards of professional and ethical conduct; (iv) to establish standards for continuing education
72	72	44reflecting acceptable national standards; and (v) in conjunction with the division of occupational
73	73	45licensure, to investigate complaints, conduct inspections, request and review business records of
74	74	46licensees, and set and administer penalties as defined in sections 61 to 65E, inclusive, of said
75	75	47chapter 112 and section 290 of chapter 112 for fraudulent, deceptive or professionally
76	76	48incompetent and unsafe practices and for violations of rules and regulations promulgated by the
77	77	49board.