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HOUSE DOCKET, NO. 404 FILED ON: 1/9/2025
HOUSE . . . . . . . . . . . . . . . No. 471
The Commonwealth of Massachusetts
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PRESENTED BY:
Erika Uyterhoeven
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the profession of fire-resistant material applicators.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Erika Uyterhoeven27th Middlesex1/9/2025Steven J. Ouellette8th Bristol1/17/2025Christopher Richard Flanagan1st Barnstable1/21/2025 1 of 3
HOUSE DOCKET, NO. 404 FILED ON: 1/9/2025
HOUSE . . . . . . . . . . . . . . . No. 471
By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 471)
of Erika Uyterhoeven, Steven J. Ouellette and Christopher Richard Flanagan relative to licensing
of the profession of fire-resistant material applicators. Consumer Protection and Professional
Licensure.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to the profession of fire-resistant material applicators.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 112 of the General Laws is hereby amended by inserting after
2section 289 the following section, titled “Fireproofing Applicators; License Requirement”:-
3 Section 290. (a) As used in this section, the following terms shall have the meaning
4ascribed as follows:
5 (1) "Fire-resistant material" means cementitious or fibrous materials that are sprayed onto
6a surface to provide fire-resistant protection of the substrate.
7 (2) "Fire-resistant material applicator" means an individual who applies fire resistant
8materials.
9 (b) Requirements. 2 of 3
10 (1) Every fire-resistant material applicator shall undergo training to apply fire-resistant
11materials according to manufacturer specifications.
12 (2) Every fire-resistant material applicator shall annually register with the board of
13examiners of fireproofing applicators.
14 (3) When a fire-resistant material applicator satisfactorily completes training and registers
15as required by this subsection, the state board of examiners of fireproofing applicators shall issue
16a license that indicates that the fire-resistant material applicator is qualified to apply fire-resistant
17material.
18 (c) Violations. Any person applying fire-resistant material who does not receive the
19training, register, and obtain a license as required in subsection (b) of this section shall be fined
20up to two hundred-fifty dollars per violation.
21 SECTION 2. Chapter 13 of the General Laws is hereby amended by inserting after
22section 109 the following section, titled “Board of Examiners of Fireproofing Applicators”:-
23 Section 110. (a) There shall be within the division of occupational licensure a board of
24examiners of fireproofing applicators to consist of 7 voting members; 2 of whom will be
25designees of the commissioner of the division of occupational licensure and 5 persons, residents
26of the commonwealth, to be appointed by the governor for terms of 3 years, 2 of whom shall be
27fireproof applicators with at least 10 years of practical experience and who are wage earners, 2 of
28whom shall be fireproof applicators with at least 10 years of practical experience and 1 of whom
29shall be a representative of the public and subject to section 9B. 3 of 3
30 (b) No member shall serve for more than 2 consecutive and complete 3-year terms. As
31the term of the office of a member expires, a successor shall be appointed in like manner for a
32term of 3 years. The governor may fill a vacancy in the board for the unexpired portion of the
33term.
34 (c) The board shall annually elect from among its members a chairperson and vice-
35chairperson. The board shall meet at least 4 times annually and may hold additional meetings as
36necessary to discharge its duties. Members shall serve without compensation but shall be entitled
37to reasonable travel expenses. The members of the board shall be public employees for the
38purposes of chapter 258 for all acts or omissions within the scope of their duties as board
39members.
40 (d) The board shall have the following powers and duties: (i) to administer and enforce
41section 290 of chapter 112; (ii) to adopt rules and regulations governing the licensure of fireproof
42applicators, and business entities and schools teaching fireproof applicators; (iii) to establish
43standards of professional and ethical conduct; (iv) to establish standards for continuing education
44reflecting acceptable national standards; and (v) in conjunction with the division of occupational
45licensure, to investigate complaints, conduct inspections, request and review business records of
46licensees, and set and administer penalties as defined in sections 61 to 65E, inclusive, of said
47chapter 112 and section 290 of chapter 112 for fraudulent, deceptive or professionally
48incompetent and unsafe practices and for violations of rules and regulations promulgated by the
49board.