Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H471 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. 404 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 471
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 Middlesex1/9/2025Steven J. Ouellette8th Bristol1/17/2025Christopher Richard Flanagan1st Barnstable1/21/2025 1 of 3
16	16	HOUSE DOCKET, NO. 404 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 471
18	18	By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 471)
19	19	of Erika Uyterhoeven, Steven J. Ouellette and Christopher Richard Flanagan relative to licensing
20	20	of the profession of fire-resistant material applicators. Consumer Protection and Professional
21	21	Licensure.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to the profession of fire-resistant material applicators.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 112 of the General Laws is hereby amended by inserting after
31	31	2section 289 the following section, titled “Fireproofing Applicators; License Requirement”:-
32	32	3 Section 290. (a) As used in this section, the following terms shall have the meaning
33	33	4ascribed as follows:
34	34	5 (1) "Fire-resistant material" means cementitious or fibrous materials that are sprayed onto
35	35	6a surface to provide fire-resistant protection of the substrate.
36	36	7 (2) "Fire-resistant material applicator" means an individual who applies fire resistant
37	37	8materials.
38	38	9 (b) Requirements. 2 of 3
39	39	10 (1) Every fire-resistant material applicator shall undergo training to apply fire-resistant
40	40	11materials according to manufacturer specifications.
41	41	12 (2) Every fire-resistant material applicator shall annually register with the board of
42	42	13examiners of fireproofing applicators.
43	43	14 (3) When a fire-resistant material applicator satisfactorily completes training and registers
44	44	15as required by this subsection, the state board of examiners of fireproofing applicators shall issue
45	45	16a license that indicates that the fire-resistant material applicator is qualified to apply fire-resistant
46	46	17material.
47	47	18 (c) Violations. Any person applying fire-resistant material who does not receive the
48	48	19training, register, and obtain a license as required in subsection (b) of this section shall be fined
49	49	20up to two hundred-fifty dollars per violation.
50	50	21 SECTION 2. Chapter 13 of the General Laws is hereby amended by inserting after
51	51	22section 109 the following section, titled “Board of Examiners of Fireproofing Applicators”:-
52	52	23 Section 110. (a) There shall be within the division of occupational licensure a board of
53	53	24examiners of fireproofing applicators to consist of 7 voting members; 2 of whom will be
54	54	25designees of the commissioner of the division of occupational licensure and 5 persons, residents
55	55	26of the commonwealth, to be appointed by the governor for terms of 3 years, 2 of whom shall be
56	56	27fireproof applicators with at least 10 years of practical experience and who are wage earners, 2 of
57	57	28whom shall be fireproof applicators with at least 10 years of practical experience and 1 of whom
58	58	29shall be a representative of the public and subject to section 9B. 3 of 3
59	59	30 (b) No member shall serve for more than 2 consecutive and complete 3-year terms. As
60	60	31the term of the office of a member expires, a successor shall be appointed in like manner for a
61	61	32term of 3 years. The governor may fill a vacancy in the board for the unexpired portion of the
62	62	33term.
63	63	34 (c) The board shall annually elect from among its members a chairperson and vice-
64	64	35chairperson. The board shall meet at least 4 times annually and may hold additional meetings as
65	65	36necessary to discharge its duties. Members shall serve without compensation but shall be entitled
66	66	37to reasonable travel expenses. The members of the board shall be public employees for the
67	67	38purposes of chapter 258 for all acts or omissions within the scope of their duties as board
68	68	39members.
69	69	40 (d) The board shall have the following powers and duties: (i) to administer and enforce
70	70	41section 290 of chapter 112; (ii) to adopt rules and regulations governing the licensure of fireproof
71	71	42applicators, and business entities and schools teaching fireproof applicators; (iii) to establish
72	72	43standards of professional and ethical conduct; (iv) to establish standards for continuing education
73	73	44reflecting acceptable national standards; and (v) in conjunction with the division of occupational
74	74	45licensure, to investigate complaints, conduct inspections, request and review business records of
75	75	46licensees, and set and administer penalties as defined in sections 61 to 65E, inclusive, of said
76	76	47chapter 112 and section 290 of chapter 112 for fraudulent, deceptive or professionally
77	77	48incompetent and unsafe practices and for violations of rules and regulations promulgated by the
78	78	49board.