2015 nfpa 54 3 hour online course workbook ... - …nhgasfitters.com/files/2015workbook.pdf · [and...

New Hampshire Gasfitters Continuing Education Online 2015 3 Hour Continuing Education Workbook

New Hampshire Gasfitters Continuing Education Online P.O. Box 225 Tewksbury, MA. 01876 (978)-‐338-‐6252

2015 NFPA 54 3 Hour Online Course Workbook for Continuing Education

Final Proposal 11-19-14 1

Adopt Saf-Mec 100 and 200, to read as follows: CHAPTER Saf-Mec 100 ORGANIZATIONAL RULES PART Saf-Mec 101 PURPOSE AND SCOPE OF ADMINISTRATIVE RULES OF THE BOARD Saf-Mec 101.01 Purpose. The board's administrative rules set forth the organization of the mechanical licensing board, describe the board’s practices and procedures, establish the licensing qualifications of fuel gas fitters and gas fitting trainees, master plumbers, journeyman plumbers, apprentice plumbers and the voluntary certification of water treatment technicians and oil heating technicians, establish requirements for the issuance of fuel gas fitting and plumbers’ licenses and certifications for oil heating technicians and water treatment technicians, set forth continuing education requirements for the renewal of licenses and certifications, establish ethical standards for the professions governed by the board and otherwise implement the provisions of RSA 153:27 through 153:38.

Saf-Mec 101.02 Scope. These rules shall establish standards for the minimum requirements for education, field experience and testing for applicants seeking licensure or renewal of said licensure to become a plumber and/or a fuel gas fitter, or certification as oil heating technician or water treatment technician in the following categories:

(a) Individuals engaged in the installation, servicing and repair of residential and non-residential gas appliances and any other gas utilization equipment using liquefied propane gas or natural gas including but not limit to[;]:

(1) Individuals engaged in the installation, servicing, or removal of gas piping for residential and non-residential gas appliances and any other gas utilization equipment using liquefied propane gas or natural gas; and[;]

(2) Individuals engaged in the installation, servicing or repair of hearth systems and domestic appliances using liquefied propane gas or natural gas[.];

(b) Individuals engaged in the installation, modification, servicing or repair of residential and non-residential plumbing systems including but not limited to fixtures, appliances, potable and non-potable water supply systems, potable and non-potable tempered or hot water supply systems, rain or grey water recovery systems, drainage waste and venting systems, including commercial kitchen and medical gas systems[.];

(c) Individuals engaged in the installation, servicing and repair of residential and non-residential oil heating appliances and any other fuel oil utilization equipment using heating oil kerosene or bio fuel derivatives and are seeking voluntary certification as an [“]oil heating technician[”] from the [M]mechanical [L]licensing [B]board and this chapter; and


(d) Individuals engaged in the installation, servicing and repair of any apparatus for treating or processing water to modify, enhance, or improve its quality or to meet a specific water quality need, desire, or standard, and the pipes, fittings, and other components servicing such apparatus, that are seeking voluntary certification as a [“]water treatment technician[”] from the [M]mechanical [L]licensing [B]board and this chapter.

Saf-Mec 101.03 Business Entities Scope. These rules shall establish standards for the minimum requirements for business entities seeking licensure to become a plumbing and/or a fuel gas fitting corporation, or voluntary oil heating or water treatment corporation in the following categories:

(a) Business [E]entities that offer the professional services of, or are engaged in

the installation, servicing and repair of residential and non-residential gas appliances and any other gas utilization equipment using liquefied propane gas or natural gas including but not limited to[;]:

(1) Business [E]entities engaged in the installation, servicing, or removal of gas piping for residential and non-residential gas appliances and any other gas utilization equipment using liquefied propane gas or natural gas; and[;] (2) Business [E]entities engaged in the installation, servicing or repair of hearth systems or domestic appliances using liquefied propane gas or natural gas[.];

(b) Business [E]entities engaged in the installation, modification, servicing or

repair of residential and non-residential plumbing systems including but not limited to fixtures, appliances, potable and non-potable water supply systems, potable and non-potable tempered or hot water supply systems, rain or grey water recovery systems, drainage waste and venting systems, including commercial kitchen and medical gas systems[.];

(c) Business [E]entities engaged in the installation, servicing and repair of residential and non-residential oil heating appliances and any other fuel oil utilization equipment using heating oil, kerosene or bio fuel derivatives, and are seeking voluntary certification as an “oil heating business entity” from the [M]mechanical [L]licensing [B]board and this chapter;

(d) Business [E]entities engaged in the installation, servicing and repair of any apparatus for treating or processing water to modify, enhance, or improve its quality or to meet a specific water quality need, desire, or standard, and the pipes, fittings, and other components servicing such apparatus, that are seeking voluntary certification as a [“]water treatment business entity[”] from the Mechanical Licensing Board and this chapter.


PART Saf-Mec 102 DEFINITIONS

Saf-Mec 102.01 “Apprentice” means “plumbing apprentice” as defined in RSA 153:27, XV, namely, “any person who [works under the direct supervision of a Master or Journeyman plumber, who ]is engaged in learning and assisting in the installation of plumbing and drainage under an apprenticeship program that meets the requirements of the state apprenticeship advisory council established in RSA 278.” Saf-Mec 102.02 “Board” [shall ]means the state [M]mechanical [L]licensing [B]board [defined]described in RSA 153:27-a.

Saf-Mec 102.03 “Domestic appliance technician” means “domestic appliance technician” as defined in RSA 153:27, II, namely, “any person engaged in the installation, servicing, and repair of liquefied propane or natural gas domestic appliances designed specifically for residential use, limited to residential clothes dryers and their venting systems, domestic stove tops, cook stoves and ranges and their venting systems, or outdoor cooking or equipment and pool heaters.”

Saf-Mec 102.04 “Fuel gas fitter” means “fuel gas fitter” as defined in RSA 153:27, III, namely, “a hearth system installation and service technician, a fuel gas installation technician, a fuel gas service technician, or a fuel gas piping installer [as defined in RSA 153:27 paragraphs V, VI, VII and IX] regulated by” RSA 153:27 through RSA 153:38.

Saf-Mec 102.05 “Fuel gas fitting” means “fuel gas fitting” as defined in RSA 153:27, IV, namely, “the installation, repair, alteration, service, demolition or removal of pipes, fixtures, fittings, appliances, or apparatus necessary for supplying natural gas or propane for residential or non-residential use from the [outlet of the natural gas meter or first stage liquefied propane regulator]point of delivery and all gas piping before connection to the combustion zone and including the applicable venting of flue gases to the outside atmosphere and the provisions for air for combustion and ventilation.” [pursuant to RSA 153:27, IV.]

Saf-Mec 102.06 “Fuel gas installation technician” means “fuel gas installation technician” as defined in RSA 153:27, V, namely, “any person engaged in the installation of inside and outside piping and appliances from the outlet of the natural gas meter or first stage [liquefied propane]regulator or residential and non-residential heating equipment systems or water heating systems using liquefied propane gas or natural gas.” [as defined in RSA 153:27, V.]

Saf-Mec 102.07 “Fuel gas piping installer” means “fuel gas piping installer” as defined in RSA 153:27, VI, namely, “any person engaged in the installation of liquefied propane gas or natural gas piping [from the outlet of the gas meter or first stage regulator and terminating at the end use appliance or fuel gas utilization equipment, ]or who is a New Hampshire licensed plumber, approved by the board through affidavit, experience,


[and ]education or training in the use of NFPA 54, national fuel gas code as adopted pursuant to RSA 153:5 in the state fire code.”[, as defined in RSA 153:27, VI .]

Saf-Mec 102.08 “Fuel gas service technician” means “fuel gas service technician” as defined in RSA 153:27, VII, namely, “any person engaged in the servicing and repair of inside and outside piping[ and appliances] from the outlet of the gas meter or first stage regulator or residential and non-residential heating equipment systems or water heating systems using liquefied propane gas or natural gas.”[ as defined in RSA 153:27, VII.]

Saf-Mec 102.09 “Fuel gas trainee” means “fuel gas trainee” as defined in RSA 153:27, VIII, namely, “any person engaged in the process of meeting the[ statutory] licensing requirements of” RSA 153:27 through RSA 153:38, “who shall work under the[ direct] supervision of a licensed fuel gas fitter in the repair or installation of inside and outside piping from a gas meter or first stage regulator, and the repair or installation of residential and nonresidential heating equipment systems, hot water heating systems, or hearth equipment systems utilizing liquefied propane gas or natural gas.”[ pursuant to RSA 153:27 VIII.]

Saf-Mec 102.10 “Hearth system installation and service technician” means “hearth system installation and service technician” as defined in RSA 153:27, IX, namely “any person engaged in the installation, servicing, and repair of liquefied propane or natural gas hearth appliances and venting systems.”[ in accordance with RSA 153:27, IX.]

Saf-Mec 102.11 “Journeyman plumber” means “journeyman plumber” as defined in RSA 153:27, X, namely, "any person who customarily performs the work of installing, maintaining and repairing plumbing and drainage under the direction of a master plumber." Saf-Mec 102.12 “License” means any license issued pursuant to NH RSA 153:27 through RSA 153:38 and these rules. Saf-Mec 102.13 “Master plumber” means “master plumber” as defined in RSA 153:27, XII, namely "any person, firm, corporation, or limited liability company that, as a business, hires or employs a person or persons to do plumbing work, or, without hiring any person, does that work as a principal business or as auxiliary to a principal business for its own account."

Saf-Mec 102.14 “Person” means “person” as defined in RSA 153:27, XIII, namely, “an individual, a natural person.”

Saf-Mec 102.15 “Plumbing” means “plumbing” as defined in RSA 153:27, XIV, namely, “the practice, materials, and fixtures used in the installing, maintenance, extension, and alteration of all piping, fixtures, plumbing appliances, and plumbing appurtenances within or adjacent to any structure, in connection with sanitary drainage or


storm drainage facilities; venting systems; and public or private water systems. For the purposes of” these rules, “the term “plumbing” shall not apply beyond the first fitting beyond the foundation wall of the building or 5 feet of pipe from the building.” [as defined in RSA 153:27, XIV.] Saf-Mec 102.16 “Point of delivery” means the outlet of the natural gas meter or first stage liquefied propane regulator. Saf-Mec 102.17 “Supervision” means the direct supervision of an apprentice by a master or journeyman plumber or the direct supervision of a fuel gas trainee by a licensed fuel gas fitter. PART Sac-Mec 103 DESCRIPTION OF THE BOARD Saf-Mec 103.01 Composition of the Board. (a) The board shall consist of 8 members, as described in RSA 153:27-a, III, and shall be appointed by the governor and council as follows:

(1) Two licensed journeymen or master plumbers, who are actively working in the trade as plumbers[.]; (2) Two licensed fuel gas fitters, both of whom are actively working in the trade as fuel gas fitters, and one of whom shall represent the propane fuel industry[.]; (3) One certified heating equipment installer or heating equipment service person under RSA 153:16-b[.]; (4) One licensed master plumber who is also a licensed fuel gas fitter and a certified heating equipment installer or servicer, actively working in the trade[.]; (5) One public member who is not, and never was, a member of the plumbing trade or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of plumbing services or an activity directly related to plumbing, including the representation of the board or trade for a fee at any time during the 5 years preceding appointment[.]; and (6) One certified water treatment technician, who shall be a nonvoting member of the board.

(b) Pursuant to RSA 153:27-a, members of the board are appointed by the governor, with the approval of the council, to a term of [3 years, with the term of office for the members appointed to the board shall be ]3 years and until a successor is


appointed. The initial appointed members of the board shall serve staggered terms. Vacancies shall be filled in the same manner and for the unexpired terms. No member of the board shall be appointed to more than 2 consecutive terms. (c) A member of the board shall serve as the board secretary. Saf-Mec 103.02 Meetings of the Board. (a) The board shall elect a chair, and vice-chair at its annual meeting from among its members. (b) The chair shall preside over all meetings of the board. (c) In the absence of the chair at a meeting of the board, the vice chair shall preside.

(d) Pursuant to RSA 153:27-a, the board shall hold at least 8 regular meetings each year, and may hold special meetings at such times as the business of the board [may]shall require.

(e) Notice of all meetings shall be given in such a manner as in accordance with

New Hampshire RSA 91-A:2. (f) Meetings of the board shall be open to the public to the extent required by RSA

91-A, and notice of board meetings shall be posted at the board’s office and at another public location pursuant to NH RSA 91-A:2.

(g) A quorum of the board shall consist of 4 voting members pursuant to RSA

153:27-a, IV. (h) The annual meeting of the board shall be the first regular meeting held in each

state fiscal year. (i) The secretary of the board shall receive at least monthly an accounting from the

department of all moneys derived under the provisions of RSA 153:27 through RSA 153:38. Saf-Mec 103.03 Record of Official Actions. (a) Minutes shall be kept of all board meetings and of all official actions taken by the board. (b) Minutes shall record those members who participate in each vote and shall separately record the position of any members who choose to dissent, abstain or concur.


(c) Minutes shall be public records to the extent provided by RSA 91-A and shall be available for inspection in accordance with the terms of RSA 91-A:4. Saf-Mec 103.04 Duties of the Board. The [B]board shall:

(a) Adopt rules as provided for in RSA 153:27 through RSA 153:38; (b) Implement the licensing program for RSA 153:27 through RSA 153:38 and

these rules;

(c) Review and approve education programs for licensure, certification and continuing education;

(d) Review and approve continuing education providers and instructors for

licensing and certification programs;

(e) Conduct hearings for disciplinary actions; (f) Review and recommend adoptions, exceptions, or omissions to technical

standards as adopted under RSA 153:28, III; and (g) Develop and recommend for the legislature future changes to RSA 153:27

through RSA 153:38 and these rules. PART Saf-Mec 104 PUBLIC REQUESTS FOR INFORMATION Saf-Mec 104.01 Office Location; Mailing Address; Telephone, Fax and TTY Numbers. (a) The board's mailing address is:

New Hampshire Mechanical Licensing Board 33 Hazen Drive Concord, New Hampshire 03305

(b) The board’s office location is: New Hampshire Mechanical Licensing Board Incident Planning and Operations Center 110 Smokey Bear Blvd. Concord NH 03305 (c) The board’s telephone number is 603-223-4289. (d) The board’s fax number is 603-223-4295.


(e) Access for in-state TTY/TDD users is through Relay New Hampshire by dialing 711 or by dialing 1-800-735-2964. (f) Correspondence, filings and other communications intended for the board shall be addressed to “New Hampshire Mechanical Licensing Board" at the location stated in (a) above. (g) Information can be obtained from the board by calling the telephone numbers stated in paragraphs (b) and (c) or by written correspondence to the address in (a). Saf-Mec 104.02 Custodian of Records; Inspection and Copies of Records. (a) The board's administrative office staff shall be the custodian of the board's records, and shall make available, upon request, those records which are subject to public inspection under RSA 91-A. (b) Persons desiring to inspect or obtain copies of board records shall identify as specifically as possible the information being sought. (c) Persons desiring copies of board records shall pay the actual costs of copying fees as defined in RSA 91-A, and in RSA 153:28, II and these rules. (d) If records are requested which contain both public information and information exempt from disclosure pursuant to RSA 91-A or other law, the board shall redact the information exempt from disclosure and provide the remaining information, unless otherwise ordered by a court of competent jurisdiction.


CHAPTER Saf-Mec 200 PROCEDURAL RULES PART Saf-Mec 201 PURPOSE, DEFINITIONS and CONSTRUCTION Saf-Mec 201.01 Purpose and Applicability

(a) The purpose of this chapter is to adopt rules of the practice and procedure for adjudicative proceedings conducted by the board governing the conduct of administrative hearings, as well as for petitions for rulemaking, public comment hearings, declaratory rulings and explanation of adopted rules. The provisions of these rules are intended to supplement the procedures established by RSA 541-A and RSA 153:27 through RSA 153:38.

(b) [The rules in this chapter]Saf-Mec 203 through Saf-Mec 211 shall apply to

any adjudicative proceeding conducted by the [M]mechanical [L]licensing [B]board and shall be construed to secure the just, accurate and efficient resolution of all disputes. Saf-Mec 201.02 Definitions (a) “Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA 541-A: 1, I, namely “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.” (b) “Appearance” means a written notification to the board that a party, an intervenor or the representative of a party or intervenor intends to actively participate in an adjudicative proceeding. (c) “Board” means the [M]mechanical [L]licensing [B]board as established by RSA 153:27-a. (d) “Contested case” means “contested case” as defined in RSA 541-A:1, IV, namely, “a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.” (e) “Declaratory ruling” means “declaratory ruling” as defined in RSA 541-A:1, V, namely, “an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency.” (f) “Hearing” means “adjudicative proceeding” as defined in RSA 541-A:1, I, namely “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.” (g) “Intervener” means a person without the status of a party but participating in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.


(h) “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the proponent of the motion, including a statement of justification or reasons for the request. (i) “Natural [P]person” means a human being. (j) “Order” means “order” as defined in RSA 541-A:1, XI, namely, “the whole or part of an agency's final disposition of a matter, other than a rule, but does not include an agency's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation.” (k) “Party” means “party” as defined by RSA 541-A:1, XII, namely, "each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.” The term “party” includes all interveners in a hearing, subject to limitations established pursuant to RSA 541-A:32, III. (l) “Person”, for the purposes of Saf-Mec 200, means “person” defined in RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than” the board. (m) “Presiding officer” means “presiding officer” as defined in RSA 541-A:1, XIV, namely the individual to whom the board has given the authority to preside over a proceeding. (n) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not. (o) “Public comment hearing” means a hearing held pursuant to RSA 541-A:11. (p) “Record” means, in a contested case, the materials set forth in RSA 541-A:31, VI. (q) “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I. [Saf-Mec 201.03 Construction of Rules. Parts Saf-Mec 203 – Saf-Mec 211 shall be construed to secure the just, accurate and efficient resolution of all disputes.] PART Saf-Mec 202 COMPLAINTS OF MISCONDUCT Saf-Mec 202.01 Procedures for Submission of Complaints of Misconduct by Fuel Gas Fitting or Plumbing Licensees and Certified Oil Heating Technicians or Certified Water Treatment Technicians.


(a) Persons wishing to complain of misconduct by a fuel gas fitting or plumbing licensee, or a certified oil heating or water treatment technician, shall submit to the board:

(1) A signed and dated complaint form which includes the information described in (b) below; and (2) If available, written contracts, bills of sale, statements of guarantee and other documents relating to the work complained about.

(b) On the complaint [for ]submitted pursuant to (a)(1) above the complaint shall provide:

(1) The address of the building which is the location of the work complained about; (2) If known, the name of the owner of that building; (3) The name, mailing address, and phone number of the complainant; (4) The name and license or certification number of the individual performing the work complained about; (5) If known, the address of the individual complained about; (6) A written statement about the complaint; and (7) Information about any legal initiated by the complainant and related to the same complaint.

(c) The board shall dismiss any complaint, either before or after investigation, when it determines that:

(1) The board has no authority to regulate the actions or omissions complained of; or

(2) There is nothing in the complaint to suggest that the actions or omissions complained of constitute misconduct under RSA 153:27 through RSA 153:38[,] or these rules.

(d) The board shall issue a written statement to a complainant whose complaint it has dismissed, including notice of, and the reason for, the dismissal.


PART Saf-Mec 203 TIME PERIODS Saf-Mec 203.01 Computation of Time. (a) Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed. (c) If the last day of the period so computed falls on a Saturday, Sunday or a legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday. PART Saf-Mec 204 DISPUTE RESOLUTION Saf-Mec 204.01 Principles of Dispute Resolution. The board shall resolve by agreement or by a decision all disputes about non-criminal matters within the scope of RSA 153:16(b) and RSA 153:27 through RSA 153:38 and the administrative rules implementing those statutes. Saf-Mec 204.02 Right to A Hearing. Any person having a dispute with the board shall be entitled to a hearing of the dispute if: (a) The legal rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and (b) Constitutional, statutory or case law requires the board to hold a hearing before determination of those rights, duties or privileges. PART Saf-Mec 205 COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING Saf-Mec 205.01 Commencement of Adjudicative Proceedings. (a) All hearings before the board shall be open to the public. (b) An adjudicative proceeding shall be commenced by:

(1) An order of the board giving the parties the notice specified in (c) below; and


(2) In the case of a proceeding relating to the board's emergency suspension of a license, the notice specified in (c) below together with the order issued pursuant to Saf-Mec 208.02(a).

(c) The notice of hearing shall contain:

(1) A statement of the time, place and nature of the hearing; (2) A statement of the legal authority under which the hearing is to be held; (3) A reference to the applicable statutes and rules; (4) A short and plain statement of the issues presented; (5) A statement that each party has the right to have representation by an attorney at the party’s own expense; (6) The name of the presiding officer; (7) In the case of a hearing not related to the board's emergency suspension of a license, the statement that:

a. The licensee or certificate holder has the right to have the board provide a certified shorthand court reporter at the expense of the licensee or certificate holder; b. The request of the licensee or certificate holder for a certified shorthand court reporter shall be submitted in writing at least 10 days before the beginning of the hearing; and c. The licensee or certificate holder shall provide the board with a free copy of any transcript produced; and

(8) In the case of a hearing related to the board's emergency suspension of a license pursuant to Saf-Mec 205.02, the statement that the board shall provide a certified shorthand court reporter at the board's expense.

Saf-Mec 205.02 Procedure for Emergency Suspension of Licenses. (a) Upon a finding that public health, safety or welfare requires emergency action, the board shall immediately suspend a license by issuing a written order of suspension incorporating the finding. (b) The board shall commence a hearing no later than 10 working days after the issuance of an order pursuant to (a) above and shall otherwise comply with RSA 541-A.


(c) Unless the 10-day deadline in (b) above is expressly waived by the licensee, the failure of the board to meet the deadline shall result in the automatic vacating of the order of license suspension. (d) After the vacating of the order pursuant to (c) above, the board shall not again suspend the license on the basis of the same conduct which formed the basis for the vacated order without giving the licensee prior notice and the opportunity for a hearing. (e) The recording of a hearing on the emergency suspension of a license shall be made by a certified shorthand court reporter provided and paid for by the board. Saf-Mec 205.03 Appearances and Representation. (a) An appearance shall be filed by:

(1) Each party or the party's representative, if any; and

(2) Each intervener or the intervener’s representative, if any. (b) The appearance shall contain the following information:

(1) The docket number assigned by the board, or a brief identification of the case; (2) The daytime address and telephone number of the person filing the appearance; and (3) If applicable, the daytime address and telephone number of the party or intervenor represented by the person filing the appearance.

(c) The appearance shall be updated whenever there is a change in the address or

telephone number of a person identified in the appearance.

(d) A party may be represented: (1) In person; (2) By an attorney; or (3) A citizen of good character [P]pursuant to RSA 311:1. Saf-Mec 205.04 Prehearing Conference. (a) A prehearing conference shall be scheduled on the request of any party or intervener or on the initiative of the presiding officer if the presiding officer determines that to do so would facilitate the proceedings or encourage resolution of the dispute.


(b) A prehearing conference shall address one or more of the following:

(1) Offers of settlement; (2) Simplification of the issues; (3) By the consent of the parties, stipulations or admissions as to issues of fact or proof; (4) Limitations on the number of witnesses; (5) Changes to standard hearing procedures; (6) Consolidation of examination of witnesses; and (7) Any other matters that advance the efficiency of the proceedings.

(c) All hearings before the board shall be open to the public. Saf-Mec 205.05 Recording the Hearing. (a) Except in the circumstances described in (b) below, the presiding officer shall record the hearing by recording or any other method that will provide a verbatim record. (b) A hearing on the immediate suspension of a license pursuant to RSA 541-A:30, III shall be recorded by a certified shorthand court reporter provided by the board. (c) If any person requests a written transcript of a recording of a hearing, the following procedure shall apply:

(1) The board shall ascertain the estimated cost of the transcript and convey that information to the person making the request; (2) Upon the receipt of the estimated cost, the person making the request shall advise the board whether he or she wishes to order the written transcript; (3) If the person wishes to order the transcript, he or she shall forward payment for the estimated cost to the board; (4) Upon receipt of payment for the estimated cost of the transcript, the board shall arrange for the preparation of the transcript and, upon the completion of the transcript, shall ascertain the final cost; (5) If the final cost of the transcript is less than the estimated cost, the board shall return the excess payment to the person with the transcript;


(6) If the final cost of the transcript is in excess of the estimated cost, the person requesting the transcript shall pay to the board the additional amount; and (7) Upon receipt of payment in full for the final amount, the board shall forward the transcript to the person.

(d) The written request for a duplicate copy of the recording or a transcript shall be submitted and received by the [hearings examiner]board no later than 75 days from the date of the final decision of the administrative hearing. The department shall retain hearing recordings for at least 75 days from the date of final decision. (e) Any person attending an administrative hearing may tape or otherwise record the hearing. The [hearings examiner]presiding officer conducting the hearing, upon being advised of any person's intention to make such a recording, shall notify all parties present of the fact that this record is in addition to the official recording being made by the bureau of hearings. PART Saf-Mec 206 CONDUCT OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES Saf-Mec 206.01 Presiding Officer. (a) Hearings shall be conducted by a quorum of the board under the direction of a presiding officer designated by the board.

(1) When a case is assigned to a [hearings examiner]presiding officer, it shall remain with that [hearings examiner]presiding officer until the case is concluded unless transferred pursuant to these rules[.];

(2) The presiding officer shall not be the person who is the official complainant against the party involved; and (3) In the event of absence, disability or disqualification of a presiding officer, a case assigned to one presiding officer shall be transferred to another by the appropriate supervisor.

(b) The presiding officer shall as necessary:

(1) Regulate and control the course of the hearing; (2) Facilitate an informal settlement of the dispute that is the subject of the hearing; (3) Administer oaths and affirmations;


(4) Receive relevant evidence and exclude irrelevant, immaterial or unduly repetitious evidence; (5) Rule on procedural requests, including adjournments or continuances, at the request of a party or intervenor or on the presiding officer's own motion; (6) Interview and examine anyone who testifies to the extent required to make a full and fair record; (7) Arrange for a completed record of the hearing as specified in RSA 541-A:31, VII; and (8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

Saf-Mec 206.02 Withdrawal of Presiding Officer.

(a) Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any adjudicative proceeding for good cause.

(b) Good cause shall exist if the presiding officer:

(1) Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party or intervenor; (2) Has had a personal or business relationship with any party, witness or representative, which may hinder him or her from being able to arrive at an impartial decision on the issue(s), or for any other reason that might interfere with his or her ability to remain impartial; (3) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case; or (4) Personally believes that he or she cannot fairly judge the facts of the case.

(c) Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.

Saf-Mec 206.03 Official Notice. (a) The presiding officer shall take official notice pursuant to RSA 541-A:33, V. (b) The presiding officer shall state on the record the matters of which he/she intends to take official notice, and afford the parties the opportunity to object.


Saf-Mec 206.04 Multiple Cases: Consolidation. Where the interests of justice shall be better served without substantial prejudice to the rights of any party, the presiding officer shall sever one case from another or shall consolidate 2 or more cases preserving for all parties the right of appeal from the single or several decisions rendered.

Saf-Mec 206.05 Control of Hearing. (a) In cases of disorder or refusal to comply with the rules of the hearing, the presiding officer shall use reasonable means to control the hearing. (b) Parties, representatives, and witnesses shall not engage in bitter exchanges, vulgarities, or abuse or make offensive or insulting comments. When such an act is committed, the presiding officer shall admonish the offender reminding the offender that such behavior does not contribute to a fair hearing and impedes the orderly disposition of a case. (c) If the offense is repeated and further admonition appears fruitless, the presiding officer shall exclude a disorderly person from the hearing. (d) A disorderly person shall not lose the case because of his/her offensive conduct or the offensive conduct of his/her representative or witness.

(e) Notwithstanding (d) above, if a disorderly person's offensive conduct is so flagrant that it prevents the completion of the case, the disorderly person shall be warned that his/her conduct shall result in a default judgment entered for the case. Such party may reopen the case upon submitting his/her offer of proof or argument in an orderly fashion. Saf-Mec 206.06 Waiver or Suspension of Rules by Presiding Officer. A [hearings examiner]presiding officer, upon the accepted motion of any interested person, shall waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when it appears that the proposed waiver or suspension is lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues properly pending before the [hearing examiner]board than would adherence to particular procedural rules or requirements. A motion for waiver or suspension of a procedural rule or order shall fully set forth the reasons for the requested relief. Saf-Mec 206.07 Transfer of Location by Presiding Officer. A case may be transferred from one designated location to another with due regard for the convenience and necessity of the parties or witnesses, and as the interests of justice may require.

PART Saf-Mec 207 FILING, FORMAT AND DELIVERY OF DOCUMENTS Saf-Mec 207.01 Date of Issuance or Filing.


(a) The date on all written documents from the board governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document. (b) The date stamp placed on all written documents governed by this chapter by the board, shall be rebuttably presumed to have been filed with the board on the date of receipt, as evidenced by a date placed on the document by the board or its staff in the normal course of business. Saf-Mec 207.02 Format of Documents. (a) A docket number shall be assigned to each matter heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board (b) All correspondence, pleadings, motions or other documents filed shall:

(1) Include the title and docket number of the case, if known; (2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size; (3) Be signed by the proponent of the document, or, if the proponent appears by a representative, by the representative; and (4) Include a statement certifying that a copy of the document has been delivered to all parties and intervenors in compliance with Saf-Mec 206.03.

(c) The signature of a party or intervenor or the representative of the party or the intervenor on a document filed with the board shall constitute certification that:

(1) The signer has read the document; (2) The signer is authorized to file it; (3) To the best of the signer's knowledge, information and belief there are good and sufficient grounds to support it; and (4) The document has not been filed for purposes of delay.

Saf-Mec 207.03 Delivery of Documents. (a) Copies of all pleadings, motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to the board and to all other parties and intervenors. (b) All notices, orders, decisions or other documents issued by the presiding officer or the board shall be delivered to all parties and intervenors.


(c) Delivery of documents relating to a proceeding shall be made either in hand or by depositing into the United States mail a copy of the document in an envelope bearing:

(1) The name of the person intended to receive the document; (2) The full address, including zip code, last provided to the board by such person; and (3) Prepaid first class postage.

(d) When a party or intervenor appears by a representative, delivery of a document to the party's or intervenor’s representative either in hand or at the address stated on the appearance filed by the representative shall constitute delivery to the party or intervenor. PART Saf-Mec 208 MOTIONS AND OBJECTIONS Saf-Mec 208.01 Motions; Objections to Motions; Ruling on Motions. (a) Motions shall be in written form and filed with the presiding officer unless made in response to a matter asserted for the first time at a hearing or based on information that was not received in time to prepare a written motion. (b) Oral motions and any oral objections to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the proponent to submit the motion in writing and provide supporting information. (c) All written motions submitted on the date of the hearing shall be excluded from consideration by the [hearings examiner]presiding officer. (d) Notwithstanding (c) above, the [hearings examiner]presiding officer shall accept a written motion submitted on the day of the scheduled hearing if the moving party is able to show:

(1) The existence of newly discovered evidence which due diligence would not have discovered prior to the hearing; or (2) Exigent circumstances, pursuant to Saf-Mec 210.01(c), existed that prevented the filing of the motion prior to the day of the hearing.

(e) If the presiding officer accepts the written motion on the day of the scheduled hearing and the opposing party requests time to respond, a continuance shall be granted. The continuance shall be attributed to the party submitting the motion.


(f) Except as otherwise provided in this chapter, objections to written motions shall be filed within 30 days of the date of the motion. (g) The board shall grant extensions of time for the filing of objections only for good cause. (h) For the purposes of (g) above, good cause shall include:

(1) Circumstances not within the control of the party or intervenor requesting the extension that render the party or intervenor unable to file an objection within the normal period for objection; and (2) Circumstances that otherwise demonstrate that an extension would assist the board in fully and fairly understanding and resolving the issues presented in the motion.

(i) Failure by an opposing party or an intervenor to object to a motion shall not in and of itself constitute grounds for granting the motion. (j) When necessary to obtain information or clarify an issue relating to the proceedings, the presiding officer [may]shall hold a hearing on the motion. (k) The presiding officer shall rule upon a motion after full consideration of all objections and applicable law. PART Saf-Mec 209 INTERVENTION; ROLES OF COMPLAINANTS AND BOARD STAFF Saf-Mec 209.01 Intervention Procedure. (a) Petitions for intervention shall:

(1) Describe in writing the petitioner's interest in the subject matter of the proceedings; (2) Be submitted to the presiding officer; and (3) Be mailed in copy form to all parties identified in the notice commencing the hearing.

(b) A non-party may intervene in a matter pending before the board under the provisions of 541-A:32, by filing a petition that states the facts demonstrating the non-party’s rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervener under any provision of the law.


(c) If the presiding officer determines that the intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, the petition for intervention shall be granted.

(d) A person whose petition for intervention has been granted shall be admitted as

a party, subject to Saf-Mec 209.02. Saf-Mec 209.02 Effect of Intervention and Rights of an Intervenor. (a) Approval of intervention by the presiding officer shall apply only to the proceeding in which the petition for intervention was granted. (b) Notwithstanding the provisions of this chapter, an intervenor’s right to participate in an adjudicative proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III. (c) An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated because of the fact of intervention. Saf-Mec 209.03 Role of Complainants and Board Staff. (a) Complainants alleging misconduct by a licensee or certificate holder shall have no role in any hearing other than that of witness unless they petition for, and are granted, the right to intervene. (b) The [C]chief [M]mechanical [I]inspector and [M]mechanical [I]inspection staff of the [D]division of [F]fire [S]safety on behalf of the board, or another representative of the board shall:

(1) Investigate disputes about matters within the scope of RSA 153:16-b and RSA 153:27 through RSA 153:38 and the administrative rules implementing those statutes; (2) Present the results of investigations to the board at adjudicative hearings or during informal dispute resolution; and (3) Present, or solicit from witnesses, such testimony as is required by the board to resolve the issues raised in adjudicative hearings.

PART Saf-Mec 210 CONTINUANCES AND FAILURE TO ATTEND HEARING Saf-Mec 210.01 Continuances. (a) Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.


(b) A request for continuance of a hearing shall be made in writing with a copy to the respective party(s) and received by the department, absent exigent circumstances, at least 5 working days prior to the hearing. (c) Exigent circumstances shall include:

(1) Serious illness; (2) Hospitalization; (3) Incarceration; (4) Death of a family member; or (5) Any other unforeseeable circumstance beyond the party's control that requires or results in the party's absence from the scheduled hearing.

(d) Appearance by a representative of a party shall not waive the party's required presence at a hearing. (e) The written request or motion shall contain but not be limited to:

(1) The specific reason(s) for the request including issue(s) to be resolved and conflicts with scheduled court appearances; (2) Optional dates and times when all interested parties shall be available; (3) The identity of the requestor; and (4) The name and date of birth of the respondent.

(f) A motion for a delay or a continuance shall be granted if the presiding officer determines that there is good cause to do so. (g) Good cause shall include:

(1) The unavailability of parties, intervenors, witnesses or attorneys necessary to conduct the hearing; (2) The likelihood that a settlement will make the hearing or its continuation unnecessary; or (3) Any other circumstances that demonstrate that a delay or continuance would assist in resolving the case fairly.


(h) If the later date, time and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing. Saf-Mec 210.02 Failure of a Party to Attend or Participate in the Hearing. (a) A party shall be in default if the party:

(1) Has the overall burden of proof; (2) Has been given notice in accordance with Saf-Mec 208.01; and (3) Fails to attend the hearing, unless the failure to attend the hearing is the result of accident, injury, illness or other event beyond the party's control.

(b) If a party is in default under (a) above, the case shall be dismissed. (c) If a party who does not have the overall burden of proof fails to attend a hearing after having been given notice in accordance with Saf-Mec 208.01, the testimony and evidence of any other parties or intervenors shall be received and evaluated. (d) If a party who has the overall burden of proof attends a hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party. PART Saf-Mec 211 REQUESTS FOR INFORMATION AND DOCUMENTS Saf-Mec 211.01 Voluntary Production of Information. (a) Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing. (b) When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion under Saf-Mec 211.02 to compel the production of the requested information or documents. Saf-Mec 211.02 Motions to Compel Production of Information and Documents. (a) Any party or intervenor may make a motion seeking an order for compliance with an information or document request. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing if such notice is issued less than 30 days in advance of the hearing.


(b) The motion to compel shall: (1) Set forth in detail those facts which justify the request for information or documents; and (2) List with specificity the information or documents being sought.

(c) Objections to motions to compel shall be filed within 10 days of the delivery of the motion. (d) The presiding officer shall grant the motion to compel if its proponent has demonstrated that an order for compliance is necessary for a full and fair presentation of evidence at the hearing. Saf-Mec 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors: (a) A list of all witnesses to be called at the hearing containing the names of the witnesses, their addresses and their telephone numbers; (b) Brief summaries of the testimony of the witnesses to be called; (c) A list of all documents and exhibits to be offered as evidence at the hearing; (d) A copy of each document intended to be offered as evidence at the hearing; and (e) An offer to allow the inspection of non-documentary exhibits intended to be offered as evidence at the hearing at times and places of convenience to the parties and intervernors. PART Saf-Mec 212 HEARING PROCEDURE Saf-Mec 212.01 Standard and Burden of Proof.

(a) The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. (b) Unless otherwise specified by law, the standard of proof shall be a preponderance of the evidence. Saf-Mec 212.02 Order of Testimony; Cross-Examination. (a) All testimony of parties shall be made under oath or affirmation administered by the presiding officer.


(b) Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified. (c) Testimony on behalf of the parties shall be offered in the following order:

(1) The testimony of the party or parties bearing the overall burden of proof and such witnesses as such party or parties may call; and (2) Thereafter, the testimony of the party or parties opposing the party who bears the overall burden of proof and such witnesses as such party or parties may call.

(d) If there is a clear dispute of facts between the parties in which the credibility of testimony might determine the outcome of the hearing, the [hearings examiner]presiding officer, on the request of a party, shall sequester witnesses until they are called to testify. (e) Notwithstanding (d) above, a witness shall be sequestered only if prosecution and defense, as appropriate, shall have one individual present throughout the process to ensure neither side is placed at an unfair advantage for summation.

(f) The testimony of intervenors and such witnesses as such intervenors may be allowed to call shall be offered at the time directed by the presiding officer. (g) Each party may cross-examine any witnesses offered against that party. (h) The right of an intervenor to cross-examine witnesses shall be determined by the presiding officer. (i) Subject to the direction of the presiding officer who shall regulate the time and manner of speaking in an orderly fashion, board members present during and participating in an adjudicative proceeding shall question witnesses and make such inquiry of witnesses, as they believe appropriate for a full and true disclosure of the facts of the case. Saf-Mec 212.03 Evidence. (a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) All rules of privilege recognized under the laws of the state of New Hampshire shall apply in proceedings before the board. (c) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.


(d) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered. (e) Transcripts of testimony as well as documents, materials and objects admitted into evidence shall be public records unless the presiding officer determines that all or part of them is exempt from disclosure under RSA 91-A:5, other statutes or applicable case law. Saf-Mec 212.04 Proposed Findings of Fact and Conclusions of Law. (a) Any party or intervenor may submit up to 25 proposed findings of fact and conclusions of law. Each requested finding or conclusion shall be a separately numbered statement. Compound requests shall not be accepted. (b) The board shall allow a party or intervenor to file more than a combined total of 25 proposed findings of fact and conclusions of law if:

(1) At least 10 days prior to the hearing, the party or intervenor files a request to exceed 25 findings of fact and rulings of law; and (2) The board finds that the filing of more than 25 findings of fact and rulings of law would assist in clarifying the issues.

(c) The presiding officer shall require the submission of proposed findings of fact and rulings of law and specify a deadline after the close of the hearing for their submission when:

(1) Any party or intervenor has requested such action; (2) The presiding officer is required by Saf-Mec 212.07(c)(3) to make findings of fact and rulings of law; or (3) The presiding officer determines that proposed findings of fact and rulings of law would clarify the issues presented at the hearing.

(d) In any case where proposed findings of fact and rulings of law are submitted, the decision shall include rulings on the proposals. Saf-Mec 212.05 Closing the Record. (a) After the conclusion of the hearing and the filing of such post-hearing submissions as [may be]are ordered by the presiding officer, the record shall be closed and no additional evidence shall be received into the record except as allowed by paragraph (b) below and Saf-Mec 211.06.


(b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for a period of time necessary for the party to file the evidence. Saf-Mec 212.06 Reopening the Record. (a) If no written proposal for decision pursuant to Saf-Mec 212.07(c) or final decision pursuant to Saf-Mec 212.07(a) has been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence or claims of law. (b) A motion pursuant to (a) above shall be granted if:

(1) There is no objection from any other party or intervenor; (2) The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted; and (3) The presiding officer determines that the evidence or claim of law is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

(c) If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of reopening the record. (d) The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the presiding officer determines that the evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted and the evidence or claim of law is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided. (e) If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law. Saf-Mec 212.07 Disposition. (a) The board shall issue a decision or order, whether or not the record has been reopened pursuant to Saf-Mec 212.06, based on:


(1) A hearing attended by a quorum of the board; (2) A written proposal for disposition meeting the requirements of paragraph (d) below; or (3) A hearing held pursuant to subparagraph (e)(2) below.

(b) The decision or order shall:

(1) Be in writing and dated; and (2) Include findings of fact and rulings of law.

(c) A board member shall not participate in the board's disposition if he or she has not personally heard all of the testimony in the case, unless the disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony. (d) If a presiding officer has been delegated the authority to conduct the hearing, the presiding officer shall submit to the board a written proposal for disposition containing:

(1) The disposition proposed by the presiding officer; (2) A statement of the reasons for the proposed disposition; and (3) Findings of fact and rulings of law.

(e) If a proposed disposition submitted pursuant to paragraph (d) is adverse to a party or an intervenor, the board shall:

(1) Serve a copy of it on each party and intervenor; and (2) Provide an opportunity to file objections and present briefs and oral arguments to the board.

(f) The board shall keep a final decision in its records for at least 5 years following their dates of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40. Saf-Mec 212.08 Reconsideration. (a) Within 30 days of the board's decision or order, any party or person directly affected may request consideration of any matter determined in the proceeding or covered by the decision or order by submitting a written motion specifying:


(1) The issues to be considered; and (2) Every ground on which it is claimed that the decision or order is unlawful or unreasonable.

(b) An objection to a motion for rehearing shall be submitted within 5 days of the submission of the motion. (c) At its next meeting following the submission of the motion for reconsideration the board shall:

(1) Grant the motion; (2) Deny the motion; or (3) Suspend the board's decision or order pending further consideration.

(d) The board shall grant the motion for reconsideration if it determines that, in the original hearing it:

(1) Incorrectly assessed the relevant evidence; (2) Incorrectly applied the relevant law; or (3) Otherwise failed substantially to comply with this chapter or acted in a manner which was unlawful or unreasonable.

Saf-Mec 212.09 Appeal. [Pursuant to RSA 153:33 any party aggrieved by a final decision or order of the board may appeal the decision by;] (a) A party to the proceedings shall have the right to file a petition with the superior court or the department of safety bureau of hearings to request a review of the final order of the board within 30 days of the date of the final [decision]order. (b) For appeals through the bureau of hearings, the bureau of hearings shall review the record as developed before the board, together with any written legal argument presented to the bureau at the earliest practical time. Based on that review, the bureau may affirm or reverse the decision of the board or order that oral argument be held. As justice may require, the bureau [may]shall remand the case to the board for further findings and rulings. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the board shall not be raised before the bureau of hearings. The burden of proof shall be on the appellant to show that the decision of the board was unreasonable or unlawful. (c) No new or additional evidence shall be introduced in the bureau of hearings, but the case shall be determined upon the record and evidence transferred, except that in any


case, if justice requires the review of evidence which by reason of accident, mistake, or misfortune could not have been offered before the board, the bureau of hearings shall remand the case to the board to receive and consider such additional evidence. PART Saf-Mec 213 SETTLEMENTS Saf-Mec 213.01 Settlement of Disciplinary Disputes. (a) Any licensee or certificate holder having a dispute with the board over a disciplinary matter shall have the opportunity to settle some or all of the issues if there is no dispute between the board and the licensee or certificate holder about the material facts underlying the issues. (b) To be effective, an agreement to settle shall be:

(1) In writing;

(2) Signed by the licensee or certificate holder and a member of the board; and

(3) After the signing, finalized as an order issued by the board. (c) The signing by the licensee or certificate holder of an agreement to settle shall constitute a waiver of the right of the licensee or certificate holder to a hearing of the issues resolved by the agreement. PART Saf-Mec 214 RULEMAKING Saf-Mec 214.01 Petitions for Rulemaking. (a) Any person may seek the adoption, amendment or repeal of a rule by submitting to the board a petition pursuant to RSA 541-A:4. (b) Each petition for rulemaking shall contain:

(1) The name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the entity to file the petition;

(2) A statement of the purpose of the petition, whether the adoption, amendment or repeal of a rule; (3) If amendment or adoption of a rule is sought, the text proposed;


(4) If amendment or repeal of a rule is sought, identification of the current rule sought to be amended or repealed; (5) Reference to the statutory provision that authorizes or supports the rulemaking petition; and (6) Information or argument useful to the board when deciding whether to begin the rulemaking process.

Saf-Mec 214.02 Disposition of Petitions for Rulemaking. (a) The board shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision. (b) The board shall grant the petition for rulemaking unless the adoption, amendment or repeal sought would result in:

(1) A rule that is not within the rulemaking authority of the board; (2) Duplication of a rule or of a statutory provision; (3) Inconsistency between the existing rules and the statutory mandate of the board; (4) Inconsistency of administrative rules one with another; or (5) Excessive burden upon the board in terms of cost or a reduction in efficiency or effectiveness.

(c) Within 30 days of receipt of a sufficient petition the board shall dispose of it in the following manner:

(1) By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or (2) By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

(d) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing. PART Saf-Mec 215 PUBLIC COMMENT HEARINGS Saf-Mec 215.01 Purpose. The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.


Saf-Mec 215.02 Public Access and Participation. (a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Saf-Mec 215.03. (b) People who wish to testify shall be asked to write on the speaker's list:

(1) Their full names and addresses; and (2) The names and addresses of organizations, entities or other persons whom they represent, if any.

(c) Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing. Saf-Mec 215.03 Limitations on Public Participation. The board's chair or other person designated by the board to preside over a hearing shall: (a) Refuse to recognize for speaking or revoke the recognition of any person who:

(1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or (3) Restates more than once what he or she has already stated; and

(b) Limit presentations on behalf of the same organization or entity to no more than 3, provided that all those representing such organization or entity may enter their names and addresses into the record as supporting the position of the organization or entity. Saf-Mec 215.04 Media Access. Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward: (a) [Limitation of the number of media representatives when their number together with the number of members of the public present exceeds the capacity of the hearing room; (b)] Limitation on the placement of cameras to specific locations within the hearing room; or [(c)](b) Prohibition of interviews conducted within the hearing room before or during the hearing.


Saf-Mec 215.05 Conduct of Public Comment Hearings. (a) Public comment hearings shall be attended by a quorum of the board. (b) Public comment hearings shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by the board to preside over the hearing. (c) The chair or other person presiding over a hearing shall:

(1) Call the hearing to order; (2) Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request; (3) Cause a recording of the hearing to be made; (4) Recognize those who wish to be heard; (5) If necessary, establish limits pursuant to Saf-Mec 215.03 and Saf-Mec 215.04; (6) If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing; (7) If necessary, postpone or move the hearing; and (8) Adjourn or continue the hearing.

(d) A hearing shall be postponed under the following circumstances: (1) In accordance with RSA 541-A:11, IV, when:

a. The weather is so inclement that it is reasonable to conclude that members of the public wishing to attend the hearing will be unable to do so; b. There is no quorum of the board due to illness or unavoidable absence; or c. Postponement will facilitate greater participation by the public; or

(2) The board chair or other person designated by the board to preside over the hearing is ill or unavoidably absent.


(e) A hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing. (f) A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

(1) The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or (2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.

PART Saf-Mec 216 DECLARATORY RULINGS Saf-Mec 216.01 Requests for Declaratory Rulings. (a) Any person may request a declaratory ruling by the board if that person is directly affected by RSA 153:27 through RSA 153:38 or by any administrative rule of the board. (b) A request for a declaratory ruling shall be in a writing containing:

(1) The name and address of the individual or entity making the request; (2) The text of the ruling being requested; (3) The reasons for the request; and (4) The following declaration signed by the individual making the request, the authorized representative of such individual, or the authorized representative of the entity making the request:

"I declare that I have examined the request for a declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct and complete."

Saf-Mec 216.02 Documents Required to Support Requests for Declaratory Rulings. (a) A request for a declaratory ruling shall be accompanied by:

(1) A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested;


(2) A statement of the facts believed to support the ruling being requested; and (3) Supplementary material necessary to establish or clarify the facts set forth in the statement of facts.

(b) A request for a declaratory ruling may be accompanied by additional material chosen by the person making the request. Saf-Mec 216.03 Processing Requests for Declaratory Rulings. (a) Within 30 days of receiving a request for a declaratory ruling the board shall advise the person requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented. (b) If additional information should be needed, the board shall specify the additional information required and request that it be provided in a statement of additional information that includes the declaration specified in Saf-Mec 214.01(b)(4) and is accompanied by any material necessary to establish or clarify the facts set forth in the statement. Saf-Mec 216.04 Issuance and Publication of Declaratory Rulings. (a) When facts sufficient to support a declaratory ruling have been established, the board shall issue a written declaratory ruling which applies all relevant law to the established facts. (b) When the established facts show that the board lacks subject matter or personal jurisdiction to issue a declaratory ruling, the board shall issue a written decision stating that it lacks jurisdiction to issue a declaratory ruling and identifying the lack of jurisdiction. (c) Declaratory rulings shall be filed on the day of issuance with the director of legislative services in accordance with RSA 541-A:16, II(b). Saf-Mec 216.05 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the board and to the person requesting it and shall be confined to the facts presented pursuant to Saf-Mec 216.02(a)(2) and Saf-Mec 216.02(a)(3) and in response to a request of the board made pursuant to Saf-Mec 216.03(b). PART Saf-Mec 217 EXPLANATION OF ADOPTED RULES Saf-Mec 217.01 Requests for Explanation of Adopted Rules. Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including:


(a) The name and address of the person making the request; or (b) If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request. Saf-Mec 217.02 Contents of Explanation. The board shall, within 90 days of receiving a request in accordance with Saf-Mec 217.01, provide a written response which: (a) Concisely states the meaning of the rule adopted; (b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and (c) States, if the board did so, why the board overruled any arguments and considerations presented against the rule.


APPENDIX Rule Statute Implemented Saf-Mec 101.01 -101.03 RSA 541-A:16, I(a); RSA 153:27-38 Saf-Mec 102.01 RSA 153:27, XV Saf-Mec 102.02 RSA 153:27-a; RSA 153:27, I Saf-Mec 102.03 RSA 153:27, II Saf-Mec 102.04 RSA 153:27, V, VI, VII and IX Saf-Mec 102.05 RSA 153:27, IV Saf-Mec 102.06 RSA 153:27, V Saf-Mec 102.07 RSA 153:27, VI Saf-Mec 102.08 RSA 153:27, VII Saf-Mec 102.09 RSA 153:27, VIII Saf-Mec 102.10 RSA 153:27, IX Saf-Mec 102.11 RSA 153:27, X Saf-Mec 102.12 RSA 541-A:7 Saf-Mec 102.13 RSA 153:27, XII Saf-Mec 102.14 RSA 153:27, XIII Saf-Mec 102.15 RSA 153:27, XIV Saf-Mec 103.01(a)-(c) RSA 541:16, I(a); RSA 153:27-a Saf-Mec 103.02(a)-(c) RSA 541:16, I(a) Saf-Mec 103.02(d) RSA 541:16, I(a); RSA 153:27-a Saf-Mec 103.02(e)-(f) RSA 541:16, I(a); RSA 91-A:2; RSA 91-

A:3 Saf-Mec 103.02(g) RSA 541:16, I(a); RSA 153:27-a, IV Saf-Mec 103.02(h) RSA 541:16, I(a) Saf-Mec 103.02(i) RSA 541:16, I(a); RSA 153:27-a, VI Saf-Mec 103.03(a) RSA 91-A:2, II Saf-Mec 103.03(b) RSA 541:16, I(a) Saf-Mec 103.03(c) RSA 91-A:2, II; RSA 91-A:4 Saf-Mec 103.04 RSA 153:27-a, II Saf-Mec 104.01-104.02 RSA 541-A:16, I(a) Saf-Mec 201.01 RSA 541-A:16, I(b)(2) Saf-Mec 201.02 RSA 541-A:7; RSA 541-A:16, I(b)(2) Saf-Mec 201.03-202.01 RSA 541-A:16, I(b)(2) Saf-Mec 203.01 RSA 541-A:30-a, III(f) Saf-Mec 204.01 RSA 541-A:16, I(b)(2) Saf-Mec 204.02 RSA 541-A:31, I Saf-Mec 205.01(a) RSA 91-A:2, II Saf-Mec 205.01(b)-(c) RSA 541-A:16, I(b)(2); RSA 541-A:31, III Saf-Mec 205.02 RSA 541-A:30, III Saf-Mec 205.03 RSA 541-A:30-a, III(b) Saf-Mec 205.04 RSA 541-A:16, I(b)(2); RSA 541-A:31,


V(b), (c) and (d) Saf-Mec 205.05(a) RSA 541-A:31, VII Saf-Mec 205.05(b) RSA 541-A:30, III Saf-Mec 205.05(c) RSA 541-A:16, I(b)(2); RSA 541-A:31,

VII Saf-Mec 205.05(d)-(e) RSA 541-A:16, I(b)(2) Saf-Mec 206.01 RSA 541-A:16, I(b)(2) Saf-Mec 206.02 RSA 541-A:30-a, III(k) Saf-Mec 206.03 RSA 541-A:33, V Saf-Mec 206.04-206.05 RSA 541-A:16, I(b)(2) Saf-Mec 206.06 RSA 541-A:30-a, III(j) Saf-Mec 206.07 RSA 541-A:16, I(b)(2) Saf-Mec 207.01-207.03 RSA 541-A:30-a, III(a) Saf-Mec 208.01(a)-(d), (f)-(k) RSA 541-A:16, I(b)(2) Saf-Mec 208.01(e) RSA 541-A:30-a, III(h) Saf-Mec 209.01-209.02 RSA 541-A:16, I(b)(2); RSA 541-A:32, I,

II and III Saf-Mec 209.03 RSA 541-A:16, I(b)(2); RSA 541-A:30-a,

III(g) Saf-Mec 210.01 RSA 541-A:30-a, III(h) Saf-Mec 210.02 RSA 541-A:16, I(b)(2) Saf-Mec 211 RSA 541-A:30-a, III(c) Saf-Mec 212.01 RSA 541-A:16, I(b)(2); RSA 541-A:30-a,

III(d) and (e) Saf-Mec 212.02 RSA 541-A:16, I(b)(2); RSA 541-A:31, IV Saf-Mec 212.03(a) RSA 541-A:33 Saf-Mec 212.03(b)-(e) RSA 541-A:16, I(b)(2) Saf-Mec 212.04-212.05 RSA 541-A:16, I(b)(2) Saf-Mec 212.06 RSA 541-A:30-a, III(i) Saf-Mec 212.07(a)-(e) RSA 541-A:16, I(b)(2) Saf-Mec 212.07(f) RSA 541-A:30-a, III(l) Saf-Mec 212.08 RSA 541-A:16, I(b)(2) Saf-Mec 212.09 RSA 153:33 Saf-Mec 213.01 RSA 541-A:16, I(b)(2); RSA 541-A:38 Saf-Mec 214 RSA 541-A:4; RSA 541-A:16, I(c) Saf-Mec 215 RSA 541-A:11; RSA 541-A:16, I(b)(3) Saf-Mec 216 RSA 541-A:16, I(d); RSA 541-A:16, II(b) Saf-Mec 217 RSA 541-A:11, VII

Adopted Rule 5-20-15 1

Readopt with amendment Saf-Mec 300, effective 1-21-15 (Doc. #10761), to read as follows: CHAPTER Saf-Mec 300: INITIAL FUEL GAS FITTING LICENSING, PLUMBING LICENSING, FUEL GAS TRAINEE REGISTRATION LICENSES, PLUMBING APPRENTICE REGISTRATION LICENSES, AND BUSINESS ENTITY LICENSING PART 301 DEFINITIONS

Saf-Mec 301.01 “Plumbing apprentice” means “plumbing apprentice” as defined in RSA 153:27, XV, namely, “any person who is engaged in learning and assisting in the installation of plumbing and drainage under an apprenticeship program that meets the requirements of the state apprenticeship advisory council established in RSA 278.”

Saf-Mec 301.02 “Board” means the state mechanical licensing board described in RSA 153:27-a.

Saf-Mec 301.03 “Domestic appliance technician” means “domestic appliance technician” as defined in RSA 153:27, II, namely, “any person engaged in the installation, servicing, and repair of liquefied propane or natural gas domestic appliances designed specifically for residential use, limited to residential clothes dryers and their venting systems, domestic stove tops, cook stoves and ranges and their venting systems, or outdoor cooking equipment and pool heaters.”

Saf-Mec 301.04 “Fuel gas fitter” means “fuel gas fitter” as defined in RSA 153:27, III, namely, “a hearth system installation and service technician, a fuel gas installation technician, a fuel gas service technician, or a fuel gas piping installer regulated by” RSA 153:27 through RSA 153:38.

Saf-Mec 301.05 “Fuel gas fitting” means “fuel gas fitting” as defined in RSA 153:27, IV, namely, “the installation, repair, alteration, service, demolition or removal of pipes, fixtures, fittings, appliances, or apparatus necessary for supplying natural gas or propane for residential or non-residential use from the point of delivery and all gas piping before connection to the combustion zone and including the applicable venting of flue gases to the outside atmosphere and the provisions for air for combustion and ventilation.

Saf-Mec 301.06 “Fuel gas installation technician” means “fuel gas installation technician” as defined in RSA 153:27, V, namely, “any person engaged in the installation of inside and outside piping and appliances from the point of delivery or residential and non-residential heating equipment systems or water heating systems using liquefied propane gas or natural gas.”

Saf-Mec 301.07 “Fuel gas piping installer” means “fuel gas piping installer” as defined in RSA 153:27, VI, namely, “any person engaged in the installation of liquefied propane gas or natural gas piping or who is a New Hampshire licensed plumber, approved by the board through affidavit, experience, education or training in the use of NFPA 54, national fuel gas code as adopted pursuant to RSA 153:5 in the state fire code.”

Saf-Mec 301.08 “Fuel gas service technician” means “fuel gas service technician” as defined in RSA 153:27, VII, namely, “any person engaged in the servicing and repair of inside and outside piping from the outlet of the gas meter or first stage regulator or residential and non-


residential heating equipment systems or water heating systems using liquefied propane gas or natural gas.”

Saf-Mec 301.09 “Fuel gas trainee” means “fuel gas trainee” as defined in RSA 153:27, VIII, namely, “any person engaged in the process of meeting the licensing requirements of” RSA 153:27 through RSA 153:38, “who shall work under the supervision of a licensed fuel gas fitter in the repair or installation of inside and outside piping from a gas meter or first stage regulator, and the repair or installation of residential and nonresidential heating equipment systems, hot water heating systems, or hearth equipment systems utilizing liquefied propane gas or natural gas.”

Saf-Mec 301.10 “Hearth system installation and service technician” means “hearth system installation and service technician” as defined in RSA 153:27, IX, namely “any person engaged in the installation, servicing, and repair of liquefied propane or natural gas hearth appliances and venting systems.”

Saf-Mec 301.11 “Journeyman plumber” means “journeyman plumber” as defined in RSA 153:27, X, namely, "any person who customarily performs the work of installing, maintaining and repairing plumbing and drainage under the direction of a master plumber."

Saf-Mec 301.12 “License” means any license issued pursuant to NH RSA 153:27 through RSA 153:38 and these rules. For the purposes of these rules, the term includes any endorsement of license as listed below:

(a) A ‘license” as listed for fully qualified technicians such as fuel gas piping installers,

fuel gas installation technicians, fuel gas service technicians, domestic appliance technicians, hearth system installation and service technicians, journeyman and master plumbers.

(b) A “registration license” such as those individuals engaged in learning the mechanical

trade such as plumbing apprentices and fuel gas trainees, which requires direct supervision and registration in an approved apprenticeship or formal training program respectively; and

(c) A “certification license” issued in conjunction with the voluntary certification of oil

heating technicians, and water treatment technicians. Saf-Mec 301.13 “Master plumber” means “master plumber” as defined in RSA 153:27,

XII, namely, "any person, firm, corporation, or limited liability company that, as a business, hires or employs a person or persons to do plumbing work, or, without hiring any person, does that work as a principal business or as auxiliary to a principal business for its own account."

Saf-Mec 301.14 “Person” means “person” as defined in RSA 153:27, XIII, namely, “an individual, a natural person.”

Saf-Mec 301.15 “Plumbing” means “plumbing” as defined in RSA 153:27, XIV, namely, “the practice, materials, and fixtures used in the installing, maintenance, extension, and alteration of all piping, fixtures, plumbing appliances, and plumbing appurtenances within or adjacent to any structure, in connection with sanitary drainage or storm drainage facilities; venting systems; and public or private water systems. For the purposes of” these rules, “the term “plumbing” shall not apply beyond the first fitting beyond the foundation wall of the building or 5 feet of pipe from the building.”


Saf-Mec 301.16 “Owner’s agent” means an individual designated by the homeowner to assist with the incidental repair, replacement, maintenance and installation of a plumbing fixture or plumbing system component specifically at the owner’s residence, and that such agent in performance of his or hers duties shall not receive compensation for the plumbing work performed.

Saf-Mec 301.17 “Relevant field experience” means, with respect to oil heating, the actual trade-related functions of the installation and maintenance of piping systems, heating and air conditioning systems, appliances and appurtenances, fuel oil burning equipment, and water distribution systems not otherwise required by the licensing functions of RSA 153:27 through RSA 153:38 and this chapter.

Saf-Mec 301.18 “Equivalent hours of service in an approved educational setting” means the hours of laboratory training, in a facility reviewed and approved pursuant to Saf-Mec 308.01 and Saf-Mec 308.03, performed by a fuel gas fitter or trainee when engaged in the education and training for licensure, such that the hours of laboratory time shall be over and above the time required in these rules for formal classroom education.

Saf-Mec 301.19 “State plumbing code” means that portion of the New Hampshire state building code, as defined in RSA 155-A:1, IV, which pertains to plumbing.

Saf-Mec 301.20 “Incidental repair installation and maintenance of plumbing” means a job

of minor consequence which occurs by chance and not requiring calculations or permits and inspections as mandated pursuant to NH RSA 155-A:2

Saf-Mec 301.21 “Apprentice plumber registration license and fuel gas fitting trainee

registration license” means an individual license for a plumbing apprentice and/or for a fuel gas trainee that indicates the individual is in the process of learning their respective trade and has been registered and licensed as such with the board.

Saf-Mec 301.22 “Supervision of plumbing apprentices and fuel gas Trainees” means the

direct supervision of a student or plumbing apprentice or fuel gas trainee while the individual is in the process of learning and applying his/her skills or is assisting a licensed fuel gas fitter or plumber.

Saf-Mec 301.23 “Direct supervision” means daily, on-site supervision by a person having

professional knowledge of and licensure in the trade being performed, such that the supervisor is able to respond quickly to the needs of the supervisee or employee.

Saf-Mec 301. 24 “Primary dwelling” shall mean an existing single-family, stand-alone

structure, owned and occupied by a person or persons and such structure is used as the individual's primary residence, and not a rental, income, vacation home, transient residence, hotel or motel.

Saf-Mec 301. 25 “Point of delivery” means the outlet of the natural gas meter or first

stage liquefied propane regulator. Saf-Mec 301.26 “Proof of successful completion of educational training or a formal

educational program” 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.


PART 302 GENERAL LICENSING RULES

Saf-Mec 302.01 Mandatory Licensure. No person, business entity, or both, shall engage in the business or work as a fuel gas fitter, and/or plumber, fuel gas trainee, or plumbing apprentice unless the person, business entity, or both, and lawfully licensed as provided by;

(a) RSA 153:27 through RSA 153:38; and

(b) The rules of this chapter.

Saf-Mec 302.02 Age Requirement. No individual fuel gas fitting or plumbing license shall be granted to any person less than 18 years of age, and no apprentice registration license or trainee registration license shall be granted to any person less than 16 years of age.

Saf-Mec 302.03 Term of Individual Licensure. An initial individual license shall be issued for two years, except that it shall expire on the last day of the month of the holder’s birth.

Saf-Mec 302.04 Term of Business Entity Licensure. An initial business entity license issued under this chapter shall be issued for 2 years and shall expire on the last day of January.

Saf-Mec 302.05 Mandatory Business Entity Registration. All business entities, corporations, partnerships, limited liability companies and or limited liability partnerships performing fuel gas fitting or plumbing in NH shall be:

(a) Licensed pursuant to these rules; and

(b) Shall be either registered with the New Hampshire secretary of state’s office, or

(c) If a foreign business entity, corporation, partnership, limited liability company and/or limited liability partnership performing fuel gas fitting or plumbing in NH, registered with the secretary of state as a foreign business entity doing business in the State of New Hampshire.

Saf-Mec 302.06 Local Permit Eligibility. A licensed business entity may apply for and receive a permit from any municipality within the state pursuant to RSA 153:29-a, V.

Saf-Mec 302.07 Certification. Unless otherwise stated in these rules, all applications and documentation shall be signed by the applicant under the penalty of unsworn falsification pursuant to RSA 641:3.

Saf-Mec 302.08 Social Security Numbers. Unless otherwise stated in these rules, all applications shall include the applicant’s social security number pursuant to RSA 161-B:11.

Saf-Mec 302.09 Scope of Fuel Gas Service Technician License. An individual who meets the qualifications for fuel gas service technician shall be deemed to be qualified as a domestic appliance technician, a fuel gas installation technician, a fuel gas hearth system installation and service technician, and a fuel gas piping installer.


Saf-Mec 302.10 Scope of Fuel Gas Installation Technician License. An individual who meets the qualifications for fuel gas installation technician shall be deemed to be qualified as a domestic appliance technician, a fuel gas hearth system installer and service technician and a fuel gas piping installer.

Saf-Mec 302.11 Scope of Master Plumber License. An individual who meets the

qualifications as a master plumber shall be deemed to be qualified as a journeyman plumber.

Saf-Mec 302.12 Armed Services Applicants. An individual who is in the armed services as defined in RSA 21:50, II, and who is applying for licensure, shall provide proof of direct relevant training and experience acquired in the armed services that demonstrates that the individual has completed both the educational and field experience requirements set forth in these rules.

Saf-Mec 302.13 Fuel Gas Fitting Reduction of Relevant Field Experience Hours. An

individual seeking licensure as a fuel gas fitter and submitting time for the hours of relevant field experience as set forth in RSA 153:28, I(a)(2) through (4) shall:

(a) Not be eligible for any licensing exam without first completing the minimum

hours of formal education program for each fuel gas fitting licensing endorsement applied for;

(b) Submit the hours of relevant field experience on a notarized sworn affidavit,

which shall be approved by the board prior to licensure; (c) The proof of hours of relevant field experience shall be verified by the employer

of the applicant such that the employer and/or responsible managing employee shall sign the notarized affidavit attesting to the hours of service applied for; and

(d) No hours of relevant field experience shall not be granted to any applicant who

has performed any function in violation of the registration and/or licensing requirements of RSA 153:27 through RSA 153:38 and this chapter.

Saf-Mec 302.14 Applications by Out-of-State Licensees. An out-of-state licensee seeking application for licensure shall be eligible for the licensing examination in plumbing and fuel gas fitting provided that he or she can demonstrate proof of licensure and/or certification from the state in which he or she are claiming to have worked, and provided further that the out-of-state licensee shall still comply with the prerequisites for the level of licensure sought regarding on-the-job experience, or its equivalent in an approved educational setting, as provided in RSA 153:27-38 and these rules.

PART 303 EXCEPTIONS & NOTIFICATIONS

Saf-Mec 303.01 Scope. The licensing rules of this chapter shall not apply to anyone who meets the exceptions and complies with this part.


Saf-Mec 303.02 Quality of Work.

(a) Notwithstanding any provision to the contrary, any person who is exempt under RSA 153:36, I and VII and these rules shall perform plumbing and fuel gas fitting work in accordance with:

(1) All applicable technical standards;

(2) Any applicable code, or local ordinance; and

(b) Any and all inspection requirements that might apply to the plumbing and/or fuel gas fitting work performed.

(c) Nothing in these licensing rules shall be construed as exempting any individual from following the requirements of RSA 155-A in its entirety. (d) For the purposes of (a through c) above, an individual who meets the licensing exceptions below shall notify the building official of the work being performed and comply with any local ordinances as required.

(e) In municipalities which have not adopted an enforcement mechanism pursuant to RSA 674:51, the contractor shall notify the state fire marshal of the construction project involving fuel gas fitting and/or plumbing before construction begins.

Saf-Mec 303.03 Primary Dwelling Exemption. The license requirements of this chapter shall not apply to anyone who performs fuel gas fitting within an existing single family, stand-alone structure, owned and occupied by the person who performs the fuel gas fitting work, and such structure is used as the individual's primary residence.

Saf-Mec 303.04 Public Utilities Exemption. The license requirements of this chapter

shall not apply to persons performing tasks covered by federal and state regulation of public utilities pursuant to 49 C.F.R. part 192 and Puc 500, rules of the New Hampshire public utilities commission for gas service pursuant to NH RSA 153:36, II.

Saf-Mec 303.05 Vocational Exemption. The license requirements of this chapter shall not

apply to any plumbing or fuel gas fitting installations in residential buildings performed by students enrolled in a high school vocational plumbing or fuel gas fitting program approved by the department of education or an approved postsecondary vocational plumbing or fuel gas fitting program, provided:

(a) Such work is performed under the direct supervision of either a person holding a

valid license for the trade that he or she is supervising, or by a licensed plumber or fuel gas fitter who is a supervisor of students in cooperative education placements from such programs;

(b) In those cases where the installation is in a new building being constructed as a part

of the vocational program, the installation shall be inspected and approved by an individual or group of individuals chosen by the local school districts from persons nominated by the mechanical licensing board; and


(c) Any person nominated and approved by the board shall hold a master plumber's, fuel

gas installation technician, fuel gas service technician, or piping installer license issued by the board.

Saf-Mec 303.06 Welding Exemption. The license requirements of this chapter shall not

apply to any welder who shall hold a current and valid certification for welding as authorized by the American Society of Mechanical Engineers (ASME), who is supervised by a licensed fuel gas fitter or master plumber, for the sole purpose of joining pipe and pipe fittings, through the appropriate certified welding processes, to piping systems, under the direct supervision of the licensed fuel gas fitter or master plumber.

Saf-Mec 303.07 National Guard Exemption. The license requirements of this chapter shall not apply to any member of the New Hampshire National Guard while in a unit training assembly status and enrolled in a plumbing program as part of their military training. Such training shall only be provided under the direct supervision of an instructor who holds a current master plumber's license under this chapter.

Saf-Mec 303.08 Appliance Connection Exemption. (a) The plumbing license requirements of this chapter shall not apply to any person or

business entity that performs plumbing in connection with the installation of any heating, cooling, air conditioning or domestic water heating systems whether solar, oil, gas, or electric or the installation and servicing of water treatment systems or swimming pools.

(b) Any person or business entity that is exempt under this section shall perform

plumbing in accordance with applicable technical standards, and comply with any code, application, and inspection requirements that apply to the plumbing performed.

(c) The connection to the plumbing system shall be limited to a ten foot radius of the appliance to be installed.

Saf-Mec 303.09 Public Water Systems Exemption.

(a) The license requirements of this chapter shall not apply to employees of public drinking water systems and public water system operators certified by the department of environmental services for drinking water treatment plants and distribution systems, when performing plumbing tasks within their certifications, as defined by RSA 485:11 and RSA 332-E:3.

(b) This exception is specifically limited to the testing, maintenance, repair or

replacement, and installation of the water meter, meter horn, and backflow prevention devices directly adjacent to and required as part of the protection of the drinking water distribution system.

Saf-Mec 303.10 Specific Plumbing Exemptions. The license requirements of this chapter

shall not apply to the following persons while performing plumbing work under the circumstances specifically described:

(a) To regular employees of public utilities, as defined in RSA 362:2, when performing

plumbing tasks within their training, experience, and, if applicable, certification;


(b) To a person, firm, corporation, or limited liability company who regularly employs a

person whose duties include the incidental repair, installation and maintenance of plumbing on the property of that person, firm, corporation, or limited liability company, when such employee is actually so engaged; or

(c) To a property owner or the property owner's agent who installs, repairs, or

replaces plumbing in the property owner's own single-family detached or townhouse residence, or any property owner or property owner's agent who makes incidental installations, repairs, or replacements to the owner's property.

(d) The plumbing installed or maintained by such persons under such circumstances

shall conform to any and all local and state permitting and inspection procedures pursuant with RSA 155-A, and the state plumbing code.

(e) Persons performing fuel gas fitting in the same circumstances as described in (a)

through (c) above shall not be eligible for the exemption provided in this section.

PART Saf-Mec 304 LICENSE AND REGISTRATION LICENSE APPLICATION PROCEDURE

Saf-Mec 304.01 Application Process for Individuals Seeking Plumbing and Fuel Gas Fitting Licenses, Domestic Appliance Licenses and Trainee or Apprentice Registration Licenses.

(a) Each individual seeking an initial license to practice as a domestic appliance technician, a fuel gas fitter, a master or journeyman plumber, or seeking a registration license as a fuel gas trainee or plumbing apprentice, shall do so by submitting the following application packet:

(1) An application form provided by the board; (2) The additional supporting materials required for each licensing endorsement or registration program applied for; and (3) The license or registration fees specified by Saf-Mec 501 which is applicable to the type of license or registration license sought.

(b) All applicants, pursuant to (a) above, who have been convicted of a felony, a criminal offense against another, or any criminal offense involving dishonesty beyond the age of majority, shall submit a current and signed criminal records check released to the NH mechanical licensing board, from the New Hampshire department of safety and from any state in which the applicant has any criminal history.

(c) If the board, after receiving and reviewing the completed packet, requires further

information or documents to determine the applicant's qualification for licensure or registration, the board shall:

(1) So notify the applicant in writing within 60 days; (2) Specify the information or documents it requires; and


(3) Require the applicant to appear before the board to present additional information and/or direct testimony regarding any felony and/or misdemeanor convictions that might result in denial of the application.

(d) The board shall deny the application if the applicant does not submit the additional information or documents requested under (c) above within 60 days of the request.

(e) The board shall approve or deny the application within 120 days of the date that the board’s office has received the completed application packet and any information or documents requested under (c) above.

(f) The board shall deny an 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 (g) 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 him or her 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 RSA 153:27-38 and this chapter, in another jurisdiction and not reinstated.

(g) For any convictions as described in paragraph (f)(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) Any direct testimony from the applicant, his/her sponsor or employer.

(h) If the board denies the application, the board shall provide the applicant with written

reasons for the denial.

(i) An applicant wishing to challenge the board's denial of his or her 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.

(j) The board shall refund the registration or license fee if:

(1) The applicant withdraws the application within 180 days of submittal;

(2) The board denies the application; or

(3) Requested by an applicant who fails to complete the examination requirements for licensure within 180 days of submittal of the completed application packet.

Saf-Mec 304.02 Application Form to be used by Applicants for Individual Licenses and

Registration Licenses.

(a) The application form shall:

(1) Be provided by the board; and (2) Be kept confidential by the board pursuant to RSA 91-A:5.

(b) The applicant shall:

(1) Complete the entire form using a keyboard or by printing the information legibly in ink; (2) Complete all sections of the entire form or designate them as not applicable; and (3) Sign and date the form.

(c) On the form the applicant shall designate the license sought in the space provided.

(d) Also on the form the applicant shall provide the following information:


(1) The date the applicant submits the form; (2) The applicant’s full legal name; (3) If applicable, the applicant's maiden name or any other name used by the applicant which is different from the applicant's current name; (4) The applicant's date of birth; (5) Using the “yes” and “no” boxes provided, an indication whether the applicant has already taken the licensing examination required for licensure; (6) Indicate by using the “yes” and “no” boxes provided:

a. Whether the applicant was convicted after the age of majority of:

1. A felony; 2. Any criminal offense involving injury to a victim or the risk of such injury; or 3. Any criminal offense involving dishonesty;

b. Whether the applicant has ever been denied a license or other authorization to practice as a fuel gas fitter or plumber in any jurisdiction; c. Whether the applicant has ever been the subject of any disciplinary action by any authority regulating fuel gas fitters or plumbers; d. Whether the applicant has had his or her license or other authorization to practice as a fuel gas fitter or plumber suspended or revoked and not thereafter reinstated in any other jurisdiction; e. Whether the applicant has ever surrendered a license or other authorization to practice as a fuel gas fitter or plumber in any jurisdiction in order to avoid or to settle disciplinary charges; f. Whether the applicant knows that he or she is or will soon be the subject of a disciplinary proceeding, settlement agreement or consent decree undertaken or issued by any authority regulating fuel gas fitters or plumbers; and g. Whether any claim on the basis of the applicant’s fuel gas fitting or plumbing work is pending against the applicant in any court; and

(7) 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;


(e) On the application form the applicant shall place the date and his or her signature in the space provided above the following preprinted statement:

"I acknowledge that, under RSA 641:3, I, knowingly making a false statement on this application form is a misdemeanor. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief. I also certify that I have read RSA 153:27 through RSA 153:38 and the rules of the Board and promise that, if I am licensed or certified, I will abide by them."

(f) On the application form the applicant shall provide the applicant’s:

(1) Full legal name; (2) Home address; (3) Home telephone number; (4) Home e-mail address, if the applicant wishes to provide it; and (5) Date of birth; (6) The applicant's social security number written immediately above the following preprinted statement:

"The Mechanical Licensing Board is required by RSA 161-B:11 to obtain your social security number for the purpose of child support enforcement. Except for its use in child support enforcement, your social security number will not be used by the Mechanical Licensing Board and will be held confidential."

Saf-Mec 304.03 Effect of Signature. The effect of the applicant's signature on part one

of the form shall be:

(a) The applicant’s acknowledgement that, under RSA 641:3, I, knowingly making a false statement on the application form is a misdemeanor;

(b) The applicant’s certification that:

(1) The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and (2) The applicant has read the statutes and administrative rules of the board; and

(c) The applicant’s promise to abide by RSA 153:27 through RSA 153:38 and the rules of the board.

Saf-Mec 304.04 Required Supporting Materials. Individual applicants for initial

licensure shall provide, or arrange for the board to receive, the following documents supporting their applications:


(a) A photograph of the applicant’s face:

(1) Not less than 2 inches wide by 2 inches tall; and

(2) That accurately reflects the applicant’s current appearance.

(b) Proof of positive identification to be provided in any one of the following;

(1) A state driver’s license or non-driver identification card with the applicant’s photo embossed in the document; (2) A copy of the applicant’s current passport identification displaying the embossed photo of the applicant; or (3) A copy of any other type of government identification card that displays the applicant’s name, date of birth, facial features embossed on the document; and

(c) If the application is for a journeyman plumber license:

(1) A copy of the applicant’s apprenticeship completion certificate; (2) A photocopy of any apprentice identification license card issued to the applicant by the board; (3) A copy of any previously held out of state plumbing license or other authorization to practice as a plumber;

(4) One signed letter written by the licensed plumber supervising, or directing the supervision of, the applicant’s plumbing during the applicant’s military service or apprenticeship stating:

a. That the writer supervised the applicant’s plumbing work in the military or in the applicant’s apprenticeship program; b. The writer’s opinion that the applicant is competent to be a journeyman plumber; and c. The writer’s name, address and telephone number; and

(5) The applicant's examination score.

(d) If the application is for a master plumber:

(1) A photocopy of the current and valid NH journeyman plumbing license held for no less than 6 months by the applicant; (2) One signed letter written by the licensed plumber supervising, or directing the supervision of, the applicant’s plumbing during the applicant’s military service or journeyman’s employment stating that:


a. The writer supervised the applicant’s plumbing work in the military or in the applicant’s journeyman employment; b. The writer’s opinion that the applicant is competent to be a master plumber; and c. The writer’s name, address and telephone number; and

(3) The applicant's examination score.

(e) If the application is for a plumbing apprentice registration license:

(1) One signed letter written by the licensed master plumber who shall be supervising, or directing the applicant’s plumbing apprenticeship during the applicant’s service or employment stating that:

a. The master of record or his/her NH licensed plumbing employee will directly supervise the applicant’s plumbing apprenticeship work while in his/her employment; b. The master plumber of record will register the applicant in an approved apprenticeship program pursuant to NH RSA 278; c. The applicant will work under an apprenticeship program meeting the requirements of the state apprenticeship council; and d. The master plumber’s opinion that the applicant is competent to be trained as a plumber; or

(2) A completed apprenticeship agreement as signed and authorized by the US Department of Labor for the NH plumbing apprentice program to be placed on file with the board prior to the first renewal date.

(f) If the application is for a fuel gas trainee registration license:

(1) One signed letter written by the licensed fuel gas fitter, who shall be supervising, or directing the applicant’s fuel gas fitting training during the applicant’s service or employment, stating that:

a. The fuel gas fitting sponsor of record or a licensed fuel gas fitter within the same firm will provide direct supervision of the applicant’s fuel gas fitting work while in his/her employment; b. The fuel gas fitter sponsor of record will register the applicant in an approved fuel gas educational and training program applicable for the discipline to which the applicant is in training for; c. The applicant will participate in an employee development program in which the sponsor and/or firm will monitor and record hours of actual service, competency levels and completion of the formal education courses required for licensure; and


d. The licensed fuel gas fitting sponsor’s opinion that the applicant is competent to be trained as a fuel gas fitter.

(g) If the application is for an individual fuel gas fitting license:

(1) A copy of the current and valid NH fuel gas fitting trainee registration license, a copy of the current fuel gas fitting license held by the applicant, or a copy of licensure from an out of state licensing agency which licenses fuel gas fitting as defined in RSA 153:27, IV; (2) Proof of completion of the educational requirements for the licensing endorsement the applicant is seeking to obtain; (3) Proof of the successful completion of the licensing exam for the endorsement being applied for; (4) Proof of completion of the hours of service signed by the licensing sponsor and/or employer required for the licensing endorsement the applicant is seeking to obtain; (5) Proof of completion of any hours of relevant field experience of which the applicant may be wishing to apply for, provided:

a. Hours of relevant field experience are not more than 60 months old; b. Hours of relevant field experience for oil heating meet the definition of

Saf-Mec 301.17; and c. Hours of relevant field experience have been verified through sworn

affidavit by the applicants licensed fuel gas fitting employer and sponsor; and

(6) One signed letter written by the licensed fuel gas fitter, who was supervising, sponsoring, or directing the applicant’s fuel gas fitting training and development during the applicant’s service or employment, stating that the applicant meets the minimum competency requirements for the licensing endorsement being applied for.

(h) If the application is for an individual domestic appliance technician license:

(1) A copy of the current and valid NH fuel gas fitting trainee registration license or a copy of licensure from an out of state licensing agency which licenses the installation, replacement and service of domestic appliances as defined in RSA 153:27, II; (2) A certificate of completion of the NH fuel gas fitting educational requirements for appliance installation, service and replacement as approved by the board; (3) A certificate of attendance demonstrating completion of the factory authorized service and installation training program for the appliances in which a domestic


technician is seeking licensure for, or a certificate of the successful completion of the licensing exam for the domestic appliance technician; (4) An affidavit demonstrating the hours of service signed by the licensing sponsor and/or employer required for licensure as a domestic appliance technician; (5) An affidavit demonstrating completion of any hours of relevant field experience of which the applicant may be wishing to apply for provided;

a. Hours of relevant field experience are not more than 60 months old and; b. Hours of relevant field experience have been verified through sworn affidavit by the applicants licensed fuel gas fitting employer and sponsor and;

(6) One signed letter written by the licensed fuel gas fitter, who was supervising, sponsoring, or directing the applicant’s domestic appliance training and development during the applicant’s service or employment, stating that the applicant meets the minimum competency requirements.

PART Saf-Mec 305 ELIGIBILITY AND EXAMINATION FOR PLUMBING AND FUEL GAS FITTING LICENSURE Saf-Mec 305.01 Eligibility Requirements for Initial Individual Plumbing Licensure. (a) A person shall be eligible for initial licensure as a master plumber if he or she:

(1) Is of good character and professional competence, as evidenced by:

a. The information supplied on the application form; b. Any information submitted pursuant to Saf-Mec 304.04(d); and c. Is a journeyman plumber without a history of consumer complaints resulting in any disciplinary sanctions by the board within the past year;

(2) Has held a New Hampshire journeyman plumber license for at least 6 months; (3) Can demonstrate proof of successful completion by examination to become licensed as a master plumber, which shall consist of multiple choice questions on the following topics:

a. Plumbing systems drainage;

b. Basic and advanced plumbing theory;

c. Reading and interpretation of plumbing plans and drawings;


d. Plumbing systems venting;

e. Installation and protection of the potable water supply;

f. Proper material selection;

g. Backflow installation and protective devices;

h. Commercial kitchen design, installation and maintenance;

i. System sizing and fixture calculations;

j. Accessibility and handicapped requirements;

k. Plumbing system testing, inspection and disinfecting;

l. Adopted plumbing codes and standards, along with their amendments;

m. Plumbing code administration as set forth in chapter one of the state

plumbing code, including but not limited to, required permits and inspections; and

n. New Hampshire statutory and regulatory law governing plumbing;

and

(4) Has passed the master plumber examination by answering at least 75% of the questions correctly.

(b) A person shall be eligible for initial licensure as a journeyman plumber if he or she:

(1) Is of good character and professional competence as evidenced by:

a. The information supplied on the application form; and b. Any information submitted pursuant to Saf-Mec 304.04(c); and

(2) Has received an apprenticeship completion certificate issued by the apprenticeship council; or (3) Has demonstrated proof of previous licensure as a journeyman plumber in any other state or jurisdiction responsible for the licensure of plumbers; (4) Has taken the examination to become licensed as a journeyman plumber, which shall consist of multiple choice questions on, but not limited to, the topics listed in Saf-Mec 305.01(a)(3) above; and

(5) Has passed the journeyman plumber examination by answering at least 70% of the questions correctly.


Saf-Mec 305.02 Eligibility Requirements for Initial Individual Fuel Gas Fitter Licensure as a Fuel Gas Piping Installer.

(a) A fuel gas piping installer specialty license shall be provided to individuals who are engaged in the installation of liquefied propane gas or natural gas piping, or who is a New Hampshire licensed plumber, approved by the board through affidavit, experience, and education or training in the use of NFPA 54, national fuel gas code as adopted pursuant to RSA 153:5 in the state fire code, as defined in RSA 153:27, VI, and who shall install propane and natural gas piping from the outlet of the first stage regulator for liquefied propane, or the outlet of the natural gas meter, which shall be the point of delivery, to any and all fuel gas appliance(s) or other gas utilization equipment, including any and all future portions of the gas distribution system located therein.

(b) To qualify for a fuel gas piping installer license, an individual shall provide the following;

(1) Proof of successful completion of a minimum of 60 hours of educational training which covers the following subject matter:

a. Basic gas theory involving a thorough understanding of the physical properties and characteristics of propane and natural gas; b. Reading and interpretation of fuel gas piping plans and drawings; c. Determining proper fuel gas piping systems using appropriate sizing tables and charts; d. Piping installation involving review of gas pipe sizing, gas pipe material selection, proper installation of underground and above ground fuel gas piping supply and distribution systems, placing a fuel gas system in service including purging, initial pressure testing, and leak check of gas distribution piping and appliances; e. The documentation of fuel gas piping system pressure testing, leak checking including customer notification as to the safety procedures and recognition of fuel gas odors; and f. The application of laws regulations and adopted codes pertaining to fuel gas piping installation and licensing; and

(2) A minimum of 1,000 working hours of on-the-job experience in the trade or its equivalent in an approved educational setting as defined in Saf-Mec 301.18, relevant to the installation of gas piping within 60 consecutive months, 500 hours of which may be applied if the applicant can demonstrate proof of relevant field experience installing, servicing, and repairing heating oil fired equipment.

(c) Notwithstanding any rule to the contrary, a NH licensed plumber who demonstrates

that he or she is licensed in good standing, shall be qualified for a fuel gas piping installer license once he or she demonstrates successful completion of (b)(1) above.


Saf-Mec 305.03 Eligibility Requirements for Initial Individual Fuel Gas Fitter Licensure as a Fuel Gas Installation Technician. (a) A fuel gas installation technician specialty license shall be provided to any individual engaged in the installation of inside and outside piping from the outlet of the gas meter or first stage regulator or residential and non-residential heating equipment systems or water heating systems using liquefied propane gas or natural gas as defined in RSA 153:27, V, which shall also include:

(1) The installation of propane and natural gas piping from the point of delivery to the appliance(s);

(2) The installation of gas appliances and any other gas utilization equipment

using liquefied petroleum gas; (3) The installation of the venting and vent systems for gas appliances and any

other gas utilization equipment which shall include the air for combustion and/or dilution; and

(4) The performance of safety checks, equipment conversion to ensure the proper

fuel supply, required efficiency and start up procedures to ensure the safe operation of the fuel gas appliances being installed.

(b) To qualify for a fuel gas installation technician specialty license, an individual shall provide proof of successful completion the following:

(1) A minimum of 100 hours of educational training in the following subject matter:

a. Basic gas theory involving a thorough understanding of the physical properties and characteristics of propane and natural gas; b. Reading and interpretation of fuel gas piping plans and drawings; c. Determining proper fuel gas piping systems using appropriate sizing tables and charts; d. Piping installation involving review of gas pipe sizing, gas pipe material selection, proper installation of underground and above ground fuel gas piping supply and distribution systems, placing a fuel gas system in service including purging, initial pressure testing, and leak check of gas distribution piping and appliances; e. The documentation of fuel gas piping system pressure testing, leak checking including customer notification as to the safety procedures and recognition of fuel gas odors; f. Liquefied propane and natural gas appliance installation, including clearance to combustibles, combustion, dilution, and the proper sizing of ventilation air requirements;


g. Liquefied propane and natural gas appliance venting including venting categories, selection and use of proper venting materials, vent sizing and clearances and installation; h. Placing propane and natural gas appliances equipment into service while controlling propane/air mixtures for proper combustion; i. Verification for proper operation of safety controls and devices; j. The proper utilization of combustion analyzing equipment with respect to applicable codes and manufacturer’s installation instructions; and k. The application of the adopted codes and standards that apply to the requirements of Saf-Mec 305.03 (b)(1); and

(2) A minimum of 1,000 working hours of on-the-job experience in the trade or its equivalent in an approved educational setting as defined in Saf-Mec 301.18, relevant to the installation, service, and repair of gas appliances or equipment within 60 consecutive months, 500 hours of which may be applied if the applicant can demonstrate proof of relevant field experience installing, servicing and repairing heating oil fired appliances or equipment.

(c) Notwithstanding any rule to the contrary, an individual who is holding a fuel gas piping installer’s license pursuant to Saf-Mec 305.02 wishing to ascend to this licensing level shall provide proof of:

(1) Successful completion of a formal educational program of at least 40 hours approved pursuant to the subject matter prescribed by Saf-Mec 305.03(b)(1) f. through k. above; and (2) A minimum of 1,000 working hours of on-the-job experience in the trade or its equivalent in an approved educational setting as defined in Saf-Mec 301.18, relevant to the installation, service, and repair of gas appliances or equipment within 60 consecutive months, 500 hours of which may be applied if the applicant can provide proof of relevant field experience installing, servicing and repairing heating oil fired appliances or equipment.

Saf-Mec 305.04 Eligibility Requirements for Initial Individual Fuel Gas Fitter Licensure as a Fuel Gas Service Technician. (a) A fuel gas service technician specialty license shall be provided to individuals engaged in the servicing and repair of inside and outside piping from the outlet of the gas meter or first stage regulator or residential and non-residential heating equipment systems or water heating systems using liquefied propane gas or natural gas. (b) An individual for the fuel gas service technician specialty license shall provide proof of successful completion of the following:

(1) A minimum of 140 hours of educational training in the following subject matter:


a. Basic gas theory involving a thorough understanding of the physical properties and characteristics of propane and natural gas; b. Reading and interpretation of fuel gas piping plans and drawings; c. Determining proper fuel gas piping systems using appropriate sizing tables and charts; d. Piping installation involving review of gas pipe sizing, gas pipe material selection, proper installation of underground and above ground fuel gas piping supply and distribution systems, placing a fuel gas system in service including purging, initial pressure testing, and leak check of gas distribution piping and appliances; e. The documentation of fuel gas piping system pressure testing, leak checking including customer notification as to the safety procedures and recognition of fuel gas odors; f. Liquefied propane and natural gas appliance installation including clearance to combustibles, combustion, dilution, and the proper sizing of ventilation air requirements; g. Liquefied propane and natural gas appliance venting including venting categories, selection and use of proper venting materials, vent sizing and clearances and installation; h. Placing propane and natural gas appliances equipment into service while controlling propane/air mixtures for proper combustion; i. Verification for proper operation of safety controls and devices; j. The proper utilization of combustion analyzing equipment with respect to applicable codes and manufacturer’s installation instructions; k. Troubleshooting electrical circuits and control devices while measuring electrical quantities using an electrical meter; l. Identifying operating characteristics and components of common appliance safety and sensing devices including the testing and replacement of operating controls; m. Gas pressure measurements including supply and appliance burner pressure detection; n. Ignition safety systems including the 100 percent pilot safety shut-off and other electronic safety shut-off devices; o. Flue gas analysis and carbon monoxide detection; p. Interpretation of gas appliance equipment wiring diagrams to determine the sequence of operation of any given appliance;


q. Fuel gas equipment maintenance and inspection, heat exchanger inspection, and routine service requirements; and r. Application of the adopted codes and standards as it relates to the items above; and

(2) A minimum of 2,000 working hours of on-the-job experience in the trade or its equivalent in an approved educational setting as defined in Saf-Mec 301.18, relevant to the installation, service, and repair of gas appliances or equipment within 60 consecutive months, 750 hours of which may be applied if the applicant can demonstrate proof of relevant field experience installing, servicing, and repairing heating oil fired appliances or equipment.

(c) Notwithstanding any rule to the contrary, an individual holding a fuel gas installation technician license pursuant to Saf-Mec 305.03 and wishing to ascend to this licensing level shall provide proof of:

(1) Successful completion of a formal educational program of at least 40 hours approved pursuant to Saf-Mec 305.04 in the subject matter prescribed by (b)(1) k. through r. above; and (2) A minimum of 2,000 working hours of on-the-job experience in the trade or its equivalent in an approved educational setting as defined in Saf-Mec 301.18, relevant to the installation, service, and repair of gas appliances or equipment within 60 consecutive months, 750 hours of which may be applied if the applicant can demonstrate proof of relevant field experience installing, servicing and repairing heating oil fired appliances or equipment.

Saf-Mec 305.05 Eligibility Requirements for Initial Individual Fuel Gas Fitter Licensure as a Hearth System Installation and Service Technician. (a) A hearth system installation and service technician specialty license shall be provided to individuals engaged in the installation, servicing, and repair of liquefied propane gas or natural gas hearth appliances and venting systems. (b) An individual for the hearth system installation and service technician specialty license shall provide proof of successful completion of the following:

(1) A minimum of at least 60 hours of educational training which covers the following subject matter:

a. Basic gas theory involving a thorough understanding of the physical properties and characteristics of propane and natural gas; b. Piping installation involving review of gas pipe sizing, gas pipe material selection, proper installation of underground and above ground fuel gas piping supply, placing a fuel gas system in service including purging, initial pressure testing, and leak check of gas distribution piping and appliances;


c. Placing propane and natural gas equipment into service while controlling propane/air mixtures for proper combustion; d. Liquefied propane and natural gas hearth installation, including clearance to combustibles and the proper sizing of ventilation systems, including the combustion and dilution air requirements; e. Liquefied propane gas and natural gas equipment venting including venting categories, vent materials, vent sizing, and clearances; f. Diagnostics of hearth system appliances; g. Troubleshooting hearth system appliances; h. Gas pressure measurements and detection, flue gas analysis, and leak detection; i. Ignition control systems; and j. The application of the adopted codes and standards as it relates to the items above; and

(2) A minimum of 2000 hours of field experience relevant to the installation and service of hearth appliances and hearth appliance venting systems within 60 consecutive months.

Saf-Mec 305.06 Eligibility Requirements for Initial Individual Domestic Appliance Technician Licensure. (a) A domestic appliance technician specialty license shall be provided to individuals engaged in the specific installation, servicing, and repair of liquefied propane or natural gas domestic appliances designed specifically for residential use, limited to residential clothes dryers and their exhaust systems, domestic cook tops and ranges and their venting systems, outdoor cooking equipment, and pool heaters, including the venting systems for which the training and manufacturers certification applies to. (b) A domestic appliance technician specialty license applicant shall provide proof of successful completion of the following:

(1) A minimum of at least 40 hours of educational training which covers the following subject matter:

a. Basic gas theory involving a thorough understanding of the physical properties and characteristics of propane and natural gas; b. Fixed piping installation involving review of gas pipe sizing, gas pipe material selection, proper installation of above ground fuel gas piping supply, placing a fuel gas system in service including purging, initial pressure testing and leak check of gas distribution piping and residential cooking and clothes drying appliances, generators, outdoor pool heaters or outdoor fireplaces, and cooking equipment;


c. Placing propane and natural gas equipment into service while controlling propane/air mixtures for proper combustion; d. Liquefied propane and natural gas appliance installation including clearance to combustibles, combustion, dilution, and ventilation air requirements are properly sized; e. Liquefied propane gas and natural gas equipment venting including venting categories, vent materials, vent sizing, and clearances; and f. Fundamentals of residential dryer exhaust and exhaust systems.

(2) A minimum of 30 hours of factory authorized certification training specific to the appliances of which the applicant will be performing installation and service on:

a. Diagnostics of appliances; b. Troubleshooting specific appliances; c. Gas pressure measurements and detection, flue gas analysis and leak detection; d. Ignition control systems; e. Following manufacturer’s specifications for installation and service; and f. The application of adopted codes and standards as it relates to the items above; and

(3) A minimum of 1000 hours of field experience relevant to the installation and service of appliances and appliance venting systems within 60 consecutive months.

PART Saf-Mec 306 PLUMBING APPRENTICES AND FUEL GAS TRAINEES Saf-Mec 306.01 Obligations of Plumbing Apprentices. Licensed plumbers shall take on as apprentices only those individuals who: (a) Work under a licensed NH master plumber who shall supervise the work experience and provide for educational development under an apprenticeship program meeting the requirements of the state apprenticeship council; and (b) Hold a currently valid apprentice registration license issued by the board. Saf-Mec 306.02 Obligations of Fuel Gas Trainees. Licensed fuel gas fitters shall sponsor as trainees only those individuals who:


(a) Work under a licensed NH fuel gas fitter who shall sponsor the trainee and oversee his/her educational and work experience meeting the requirements for fuel gas fitting licensing; and

(b) Hold a currently valid trainee registration license issued by the board.

Saf-Mec 306.03 Initial Apprentice Registration Licenses. The board shall issue apprentice registration licenses to those individuals who:

(a) Enter into an agreement between the employer / master plumber to work under an approved plumbing apprenticeship program meeting the requirements of the state apprenticeship council;

(b) Complete the board's apprentice / trainee registration form; and (c) Pay the fee specified in Saf-Mec 501.02.

Saf-Mec 306.04 Initial Trainee Registration Licenses. The board shall issue trainee

registration licenses to those individuals who:

(a) Enter into an agreement between the employer / licensed fuel gas sponsor to enroll under an approved fuel gas training program meeting the requirements of the board;

(b) Complete the board's apprentice / trainee registration form; and

(c) Pay the fee specified in Saf-Mec 501.02.

Saf-Mec 306.05 Concurrent Hours of Relevant Field Experience For Apprentices and

Trainees. For the purposes Saf-Mec 306.04 above, any registered licensed plumbing apprentice who is also a registered licensed fuel gas trainee may accrue their hours of relevant field experience concurrently. PART Saf-Mec 307 MECHANICAL BUSINESS ENTITIES

Saf-Mec 307.01 Application Form to be Used by Mechanical Business Entities, Mechanical Corporations, Limited Liability Companies and Partnerships. (a) On the form to be used by a mechanical businesses applying for licensure pursuant to RSA 153:29-a, the applicant shall identify the plumbing or fuel gas fitting business as a corporation, a limited liability company or a partnership. (b) The applicant shall also provide:

(1) The date the applicant submits the form; (2) The name of the plumbing or fuel gas fitting business, corporation, limited liability company, or partnership; (3) The full mailing address of the mechanical business entity, corporation, limited liability company, or partnership;


(4) The full physical address of the mechanical business entity, corporation, limited liability company, or partnership; (5) The telephone number of the mechanical business entity, corporation, limited liability company, or partnership; (6) The name of a responsible managing employee of the mechanical business entity, limited liability company, or managing partner, as applicable, holding a currently valid New Hampshire mechanical license:

(7) The mechanical license number of that person’s individual mechanical license; (8) As applicable, one of the following titles for that person:

a. Owner/President of the applicant’s business; or b. Responsible managing employee and position title of the applicant’s business entity;

(9) If the business or corporation employs any form of licensed plumbers or fuel gas fitting technicians which includes plumbing apprentices and fuel gas trainees.

Saf-Mec 307.02 Effect of Signature on Application for License as a Mechanical Business. Each applicant shall sign the application which acknowledges the statement below:

"I acknowledge that, under RSA 641:3, I, knowingly making a false statement on this application form is a misdemeanor. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief. I also certify that I have read RSA 153:27 through RSA 153:38 and the rules of the board and will abide by them." Saf-Mec 307.03 Required Supporting Materials. Business applicants for licensure shall provide the following documents supporting their applications: (a) A photocopy of the New Hampshire master plumber and/or fuel gas fitting license held by the person who signed the application; (b) A letter signed by the managing members, corporate officers, partners, and/or business entity owner stating that the person who signed the application is the responsible managing employee or owner of record for the business entity; and (c) If the applicant is a business that is incorporated, formed or located outside of New Hampshire, a photocopy of its certificate of authority to conduct business in New Hampshire. Saf-Mec 307.04 Application Process for Mechanical Business Entities, Mechanical Corporations, Limited Liability Companies and Partnerships. (a) Each corporation, limited liability company, or partnership seeking an initial license to practice fuel gas fitting and/or plumbing shall do so by submitting the following application packet:


(1) A business application form provided by the board; (2) The additional supporting materials specified by Saf-Mec 307.03; and (3) Any business license fee required by Saf-Mec 502.01.

(b) The board shall not consider a request for initial licensure until the completed business application packet described in (a) above has been received by the board’s office. (c) If the board, after receiving and reviewing the completed business application packet, requires further information or documents pursuant to (a) above, to determine the applicant's qualification for licensure, the board shall:

(1) So notify the applicant in writing within 60 days; and (2) Specify the information or documents it requires.

(d) The board shall deny the application if the applicant does not submit the additional information or documents requested under (c) above within 60 days of the request. (e) The board shall approve or deny the application, in accordance with Saf-Mec 307.05, in writing within 120 days of the date that the board’s office has received the completed business application packet and any information or documents requested under (c) above. (f) The board shall refund any license fee paid if:

(1) The business applicant withdraws the application; or (2) The board denies the application.

(g) A business applicant wishing to challenge the board's denial of its application shall make a written request for a hearing of the challenge and submit it within 60 days of the notice of the denial. (h) A mechanical business owner who is the sole licensee for the business entity, meaning that they employ no plumbing and/or fuel gas fitting technicians, shall be exempt from the licensing fees, until such time they take on apprentices, trainees or licensed plumbers or fuel gas fitting technicians. Saf-Mec 307.05 Eligibility Requirements for Initial Business Licensure. (a) A business shall be eligible for initial licensure if the business:

(1) Is any company employing one or more field technicians, a corporation, a limited liability company, or a partnership or a limited liability partnership; (2) Is engaged in fuel gas fitting or plumbing;


(3) Employs at least one corporate officer, or responsible managing employee, as applicable, who currently holds a New Hampshire fuel gas fitting license and/or master plumber license specific to the discipline for which licensure is sought; and (4) Pays the applicable fee as prescribed in Saf-Mec 502.01.

(b) A licensed fuel gas fitting or plumbing business shall:

(1) Not act as a fuel gas fitter or master plumber unless the responsible managing employee is currently licensed as a fuel gas fitter and/or master plumber; and (2) Not act as a fuel gas fitter or master plumber, until another individual licensed as a fuel gas fitter and/or a master plumber takes the position of the withdrawn or deceased individual. (3) Within 30 days after the death or withdrawal of the licensed person as a corporate officer, or designee, or member of the partnership, or responsible managing employee, or one or more managing members of the limited liability company, or designee, the licensed business entity, corporation, partnership, or limited liability company shall give notice thereof to the board and, if no other officer, partner, manager or designee, is licensed as a fuel gas fitter and/or master plumber respectively, the corporation, or partnership, or limited liability company shall not act as a fuel gas fitter and/or plumber, or combination thereof until some other officer, member, or designee, has obtained a licensed fuel gas fitter and/or master plumber as the responsible managing employee respectively.

Saf-Mec 307.06 Duties and Recognition of a Mechanical Business Entity. (a) No business shall perform fuel gas fitting and/or plumbing without a business entity license pursuant to Saf-Mec 307. (b) Each licensed business entity shall be issued an embossed certificate by the board. (c) The certificate issued by the board shall serve as formal recognition of proper licensure for the purposes of NH RSA 155-A, and may be used by said business entities for local permit application processes. (d) For the purposes of (c) above, and upon the request of a local permitting official, a business entity shall provide a current list of all licensed fuel gas fitters and/or plumbers employed by said entity. PART 308 APPROVAL OF TRAINING AND TESTING PROGRAMS FOR LICENSURE Saf-Mec 308.01 Approval of Training Programs for Licensure. (a) The mechanical licensing board shall approve all educational programs for content, continuity, and applicability toward the licensing of individuals for fuel gas fitting, domestic appliance technicians, hearth system installation and service technicians, and plumbing.


(b) If the program requires the use of a classroom, the mechanical licensing board shall review and approve the facility for each applicant’s request to determine that the students are attending programs in an environment that shall be as comfortable as possible with regard to temperature, light and seating arrangements. (c) An applicant that wants to have its training program accepted under these rules shall submit to the mechanical licensing board a short statement describing the licensing program or specialty license endorsement program for which the training program is to be evaluated, including:

(1) The training program’s curriculum; (2) A copy of the training program’s educational material; (3) A statement demonstrating the method by which the subject matter will be delivered to the student; (4) Copies of quizzes, worksheets, handouts and chapter exams; (5) A statement demonstrating:

a. The integrity and proctoring of exams; and

b. The educational subject matter incorporated in the tests; and

(6) A biography of the training program instructors that demonstrates proof of the educational and trade experience required to instruct students on the requested subject matter.

(d) Upon receipt of a request for approval of an applicant’s training program, the board shall schedule a time for the applicant to provide a presentation to the board. Saf-Mec 308.02 Testing Organization Approval. (a) Applicants seeking approval of their testing program for shall submit to the mechanical licensing board the following:

(1) A short statement of the specialty license for which the applicant wants its testing program to be evaluated; (2) Copies of the exams that demonstrate the validity of the exam questions as they relate to the adopted codes, standards, and these rules specifically related to licensing endorsement, or trade applied for; (3) The testing administration procedure, as follows: a. Exams shall consist of a mixture of multiple choice, true or false, fill in the

blank, and work sheet calculations; b. Each exam for licensure shall be no less than 100 questions; and


c. For the purposes of licensing administration, a passing score shall be no less than 70% unless otherwise specified in these rules; and

(4) Evidence of the following standards of exam integrity:

a. Tests shall be validated by the testing entity and audited by the board, biannually, to insure reliability to current industry standards, accepted practices and concurrence with applicable codes and standards; b. Tests shall be maintained in a manner that demonstrates the highest regard for test security, including secured in a locked cabinet when not in use; and c. The testing entity shall notify the board of its biannual validation of tests pursuant to a. above at which time the board shall conduct an audit of the exam and procedures; and

(5) Evidence of the following standards for the proctoring of exams:

a. Tests shall be administered only to those candidates that have met all of the prerequisites for the specific test being administered; b. Test proctors and examiners shall not have been the candidate’s instructor for the specialty license they are administering; c. Proctors shall monitor the registration process for all examinations; d. Candidates shall be required to show proof of positive identification by means of government issued photo identification; e. Testing environment shall be as comfortable as possible with regard to temperature, light and seating arrangements; f. Candidates shall not be permitted to bring any electronic devices into an exam, except that a non-programmable calculator shall be permitted during exams requiring mathematical calculations; g. Candidates shall be adequately spaced so that they cannot readily view the exam documents of other candidates; and h. Alternative proctoring methods, such as oral examination shall be permitted, as approved by the board, provided that adequate justification is submitted. Such alternative methods shall be as closely similar to the written test method with regard to exam integrity.

(b) Upon receipt of a request for approval of an applicant’s examination program, the board shall schedule a time for the applicant to provide a presentation to the board. Saf-Mec 308.03 Approval. (a) The board shall review and approve a training program that meets or exceeds the educational standards specified in these rules.


(b) The board shall review and approve an examination program that meets or exceeds the standards specified in these rules.

(c) The passage of these rules shall not be deemed to discontinue the approval of any

training or examination program approved prior to the effective date of these rules.


APPENDIX

Rule Statute Implemented Saf-Mec 301.01 RSA 153:27, XV Saf-Mec 301.02 RSA 153:27-a; RSA 153:27, I Saf-Mec 301.03 RSA 153:27, II Saf-Mec 301.04 RSA 153:27, V, VI, VII and IX Saf-Mec 301.05 RSA 153:27, IV Saf-Mec 301.06 RSA 153:27, V Saf-Mec 301.07 RSA 153:27, VI Saf-Mec 301.08 RSA 153:27, VII Saf-Mec 301.09 RSA 153:27, VIII Saf-Mec 301.10 RSA 153:27, IX Saf-Mec 301.11 RSA 153:27, X Saf-Mec 301.12 RSA 541-A:7 Saf-Mec 301.13 RSA 153:27, XII Saf-Mec 301.14 RSA 153:27, XIII Saf-Mec 301.15 RSA 153:27, XIV Saf-Mec 301.16-301.18 RSA 541-A:7 Saf-Mec 301.19 RSA 541-A:7; RSA 155-A:1, IV Saf-Mec 301.20-301.24 RSA 541-A:7 Saf-Mec 302.01 RSA 153:37, I Saf-Mec 302.02 RSA 153:28, I(a); RSA 278:8, IV Saf-Mec 302.03 RSA 153:30, I(a) Saf-Mec 302.04 RSA 153:29-a, II Saf-Mec 302.05 RSA 153:29-a, I; RSA 293-A:15.01 Saf-Mec 302.06 RSA 153:29-a, V Saf-Mec 302.07 RSA 153:27-a, II(b); RSA 641:3 Saf-Mec 302.08 RSA 153:27-a, II(b); RSA 161-B:11 Saf-Mec 302.09-302.14 RSA 153:27-a, II(b) Saf-Mec 303 RSA 153:36 Saf-Mec 304.01(a) and (b) RSA 153:27-a, II(b) Saf-Mec 304.01(c) and (d) RSA 153:27-a, II(b); RSA 541-A:29, I Saf-Mec 304.01(e) RSA 153:27-a, II(b); RSA 541-A:29, II Saf-Mec 304.01(f) RSA 153:27-a, II(b); RSA 153:32, II Saf-Mec 304.01(g)-304.02(d)(6)a. RSA 153:27-a, II(b): RSA 332-A:1 Saf-Mec 304.02(d)(6)b.-304.04 RSA 153:27-a, II(b) Saf-Mec 305.01 RSA 153:27-a, II(b); RSA 153:29 Saf-Mec 305.02-305.06 RSA 153:27-a, II(b) Saf-Mec 306 RSA 153:27-a, II(b) Saf-Mec 307 RSA 153:29-a Saf-Mec 308 RSA 153:27-a, II(c)


Adopt Saf-Mec 400 to read as follows: CHAPTER Saf-Mec 400 CONTINUED STATUS PART Saf-Mec 401 DEFINITIONS Saf-Mec 401.01 “Continuing education course” means a course approved by the mechanical licensing board for the further education of licensed fuel gas fitters and plumbers in New Hampshire. The course shall be based on adopted laws, rules, codes and standards that have a direct effect on the specific licensure program for which they have been designed. Saf-Mec 401.02 "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. Saf-Mec 401.03 “State fire safety code” means the part of Saf-C 6000 as adopted pursuant to RSA 153:5. Saf-Mec 401.04 “Seminar provider” means an individual who holds a current and valid NH master plumber’s license and/or a NH fuel gas fitter’s license with a service technicians 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. Saf-Mec 401.05 “Identification Picture” means a color photograph of the applicant’s face not less than 2” wide by 2” high, which demonstrates an accurate depiction of the applicant at the time of licensure renewal, and that said picture may be used again but for no more than 4 renewal periods or 10 calendar years whichever comes first. Saf-Mec 401.06 “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. PART Saf-Mec 402 EXPIRATION OF MECHANICAL LICENSES Saf-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 two years on the last day of the month of the licensee's birth. (b) Individuals whose mechanical licenses have not been renewed by the board before their expiration date shall be considered expired, and subject to the provisions of RSA 153:37, I if they practice any type of fuel gas fitting and/or plumbing without a currently valid license. (c) Should an individual fail to renew a license prior to expiration, said license shall be reinstated for the remainder of the 2 year licensing period within 365 days after its expiration by paying a late fee in addition to the renewal fee.

1


(d) A late fee is not required during the first 30 days of expiration but shall be assessed for each portion of every calendar month thereafter. (e) An individual who has completed the application and educational components for licensure renewal may remain licensed by requesting a deferral of the renewal fees for up to 90 days past the expiration date, and provided the individual submits a one-time payment of $50.00. (f) An individual licensee who fails to renew any portion of his or her mechanical license within 365 days after the expiration date shall have that portion of the license reinstated upon proof of the successful completion of the licensing exam for each category of license being renewed, payment of the late fee and renewal fee; or (g) Individuals whose mechanical licenses have not been renewed by the board before the expiration date may apply for reinstatement provided they have met all the requirements of Saf-Mec 300 for initial licensure. (1) Applicants who meet the full requirements of Saf-Mec 300 shall not be charged a

late fee but shall be charged a reinstatement fee if applicable. (2) Applicants who meet the requirements of (g)(1) above shall receive their

mechanical license for the remaining portion of their original two year licensing cycle.

Saf-Mec 402.02 Expiration of Mechanical Business Entity Licenses. (a) Pursuant to RSA 153:29-a, II, all current existing mechanical business entity licenses subject to renewal shall expire every 2 years on the last day of the month of January. (b) Business entities whose mechanical licenses have not been renewed by the board before their expiration date shall be considered expired, and subject to the provisions of RSA 153:37, I if they practice any type of fuel gas fitting and/or plumbing without a currently valid license. (c) Should any business entity fail to renew a license prior to expiration, said license shall be renewed for the remainder of the 2 year licensing period within 365 days after its expiration by paying a late fee in addition to the renewal fee. (d) A late fee is not required during the first 30 days of expiration but shall be assessed for each portion of every calendar month thereafter. PART Saf-Mec 403 RENEWALS OF INDIVIDUAL MECHANICAL LICENSES

Saf-Mec 403.01 Renewal Application Process for Individuals Seeking Plumbing and Fuel Gas Fitting Licenses and Trainee or Apprentice Registration 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 application packet:

(1) An application renewal form provided by the board; and

2


(2) If a plumbing apprentice or fuel gas fitting trainee, proof of continued enrollment in the registration license program applied for; and (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 or registration fees specified by Saf-Mec 501.03 through Saf-Mec 501.05 which is applicable to the type of license or registration license sought.

(b) All applicants pursuant to (a) above, who have been convicted of a felony, or any criminal offense against another, or any criminal offense involving dishonesty during the previous licensing period, shall submit a current and signed criminal records check released to the NH mechanical licensing board, from the New Hampshire department of safety and from any state in which the applicant has any criminal history.

(c) If the board, after receiving and reviewing the completed packet, requires further

information or documents to determine the applicant's qualification for licensure or registration, the board shall:

(1) So notify the applicant in writing within 60 days; (2) Specify the information or documents it requires; and

(3) Require the applicant to present to the board additional information or testimony regarding any felony and/or misdemeanor convictions that might result in denial of the application.

(d) The board shall deny the application if the applicant does not submit the additional

information or documents requested under (c) above within 60 days of the request.

(e) The board shall approve or deny the application within 120 days of the date that the board’s office has received the completed application packet and any information or documents requested under (c) above.

(f) 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 (g) 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;

3


(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 him or her 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.

(g) For any convictions as described in paragraph (f)(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, his/her sponsor or employer

(h) If the board denies the application, the board shall provide the applicant with written

reasons for the denial.

(i) An applicant wishing to challenge the board's denial of his or her 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 120 days of the applicant’s return to the United States or release from duty, whichever occurs later.

(j) The board shall refund the license fee if:

(1) The applicant withdraws the application; or (2) The board denies the application.

4


Saf-Mec 403.02 Application Renewal Form to be used by Applicants for Individual Licenses and Registration Cards.

(a) The application renewal form shall:

(1) Be provided by the board; and (2) Be kept confidential by the board pursuant to RSA 91-A:5.

(b) The applicant shall:

(1) Complete the entire form using a keyboard or by printing the information legibly in ink; (2) Complete all sections of the entire form or designate them as not applicable; and (3) Sign and date the form.

(c) On the renewal form the applicant shall designate the renewal license sought in the

space provided. (d) Also on the form the applicant shall provide the following information:

(1) The date the applicant submits the form; (2) The applicant’s full legal name; (3) The applicant's date of birth;

(4) Indicate by using the “yes” and “no” boxes provided:

a. Whether the applicant was convicted after the age of majority of:

1. A felony; 2. Any criminal offense involving injury to a victim or the risk of such injury; or 3. Any criminal offense involving dishonesty;

b. Whether the applicant has ever been denied a license or other authorization to practice as a fuel gas fitter or plumber in any jurisdiction; c. Whether the applicant has ever been the subject of any disciplinary action by any authority regulating fuel gas fitters or plumbers; d. Whether the applicant has had his or her license or other authorization to practice as a fuel gas fitter or plumber suspended or revoked and not thereafter reinstated in any other jurisdiction;

5


e. Whether the applicant has ever surrendered a license or other authorization to practice as a fuel gas fitter or plumber in any jurisdiction in order to avoid or to settle disciplinary charges; f. Whether the applicant knows that he or she is or will soon be the subject of a disciplinary proceeding, settlement agreement or consent decree undertaken or issued by any authority regulating fuel gas fitters or plumbers; and g. Whether any claim on the basis of the applicant’s fuel gas fitting or plumbing work is pending against the applicant in any court;

(5) 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

(6) The continuing education courses taken within the licensing period, by providing for each course the date attended, location and instructor; and

(7) If applying for a renewal registration license as a fuel gas trainee or an apprentice plumber:

a. The name and address of the plumbing apprenticeship program or an updated sponsor letter from the fuel gas trainees sponsor; and b. The certificate of enrollment in an approved apprenticeship program for plumbing and/or the certificate of enrollment in an approved board sanctioned training program for fuel gas fitting licensure.

(e) On the application renewal form the applicant shall place the date and his or her

signature in the space provided above the following preprinted statement:

"I acknowledge that, under RSA 641:3, I, knowingly making a false statement on this application form is a misdemeanor. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief. I also certify that I have read RSA 153:27 through RSA 153:38 and the rules of the Board and promise that, if I am licensed or certified, I will abide by them."

(f) On the application form the applicant shall provide the applicant’s:

(1) Full legal name; (2) Home address; (3) Home telephone number; (4) Home e-mail address, if the applicant wishes to provide it; and

6


(5) The applicant's social security number written immediately above the following preprinted statement:

"The Mechanical Board is required by RSA 161-B:11 to obtain your social security number for the purpose of child support enforcement. Except for its use in child support enforcement, your social security number will not be used by the Mechanical Licensing Board and will be held confidential."

Saf-Mec 403.03 Effect of Signature. The effect of the applicant's signature on part one of

the forms shall be:

(a) The applicant’s acknowledgement that, under RSA 641:3, I, knowingly making a false statement on the application form is a misdemeanor;

(b) The applicant’s certification that:

(1) The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and (2) The applicant has read the statutes and administrative rules of the board; and

(c) The applicant’s promise to abide by RSA 153:27 through RSA 153:38 and the rules of the board.

Saf-Mec 403.04 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.

(b) A photograph of the applicant’s face, not less than 2 inches wide by 2 inches tall; and

that accurately reflects the applicant’s current appearance within the last four licensing renewal periods.

(c) Any additional documents pertaining to the requirements as listed in Saf-Mec 403.01

through 403.03. Saf-Mec 403.05 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 on the request of the board; and (b) Have met the requirement for continuing education set forth in Saf-Mec 404; (c) Have complied with the application procedures set forth in Saf-Mec 403;

7


(d) Have paid the renewal fee for the type of license being renewed as set forth in Saf-Mec 501.03; and (e) If applicable, have paid any late renewal fees due under Saf-Mec 501.05. Saf-Mec 403.06 Eligibility for Renewal of Individual Plumbing Apprentice and Fuel Gas Fitting Trainee Registration Licenses. Individuals shall be eligible for renewal of their fuel gas fitting trainee and/or plumbing apprentice registration 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 on the request of the board; (b) Demonstrate proof that they are enrolled in an approved fuel gas trainee and/or plumbing apprentice formal education program, or both; (c) Have complied with the application procedures set forth in Saf-Mec 403; (d) Have paid the renewal fee for the type of registration license being renewed as set forth in Saf-Mec 501.04; and (e) If applicable, have paid any late renewal fees due under Saf-Mec 501.05. PART Saf-Mec 404 REQUIRED CONTINUING EDUCATION Saf-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 and/or fuel gas fitting endorsement, in every 2 year licensing cycle, given by:

(1) A board approved seminar provider described in Saf-Mec 404.02, teaching a continuing education seminar described in Saf-Mec 404.03; or

(2) A comprehensive training session sanctioned by the board, if the licensee is himself or herself is a board approved seminar provider.

Saf-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

8


(2) Not be members of the board, or an individual who performs inspections and or licensing enforcement on behalf of the board.

(b) Seminar providers shall have received, during each calendar year in which he or she is 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 his or her continuing education obligation. (e) Seminar instructors shall be credited by the board with having met their continuing education obligation by:

(1) Paying the fee stated in Saf-Mec 505.01(d); and

(2) Attending and participating in the annual training for seminar instructors.

Saf-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 his or her plumbing license, fuel gas fitting license and one of the following documents of identification showing the same name that is on the plumbing or fuel gas fitting license:

9


(1) United States passport;

(2) A currently valid driver license; or

(3) A currently valid non-driver identification card. (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 both separate board approved 3 hour training sessions within their individual 2 year licensing cycle for each licensing endorsement sought.

PART Saf-Mec 405 REINSTATEMENTS OF INDIVIDUAL MECHANICAL LICENSES Saf-Mec 405.01 Types of Reinstatement of Individual Mechanical Licenses and Registration Licenses. The board shall reinstate individual mechanical licenses and registration licenses, as follows: (a) In accordance with the terms of the board's order if the licenses were suspended for disciplinary reasons; or (b) In accordance with Saf-Mec 403 if the licenses lapsed as a result of non-renewal. Saf-Mec 405.02 Eligibility for Reinstatement of Lapsed Individual Mechanical Licenses. An individual shall be eligible for reinstatement of his or her lapsed domestic appliance technician, fuel gas fitting, or plumbing license if the individual: (a) Retakes and passes the examination that is applicable for the above licensed disciplines; (b) 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;

10


(c) Complies with the reinstatement application procedures set forth in Saf-Mec 403; and (d) Pays the following fees:

(1) The applicable renewal fee set forth in Saf-Mec 501.03; and either

(2) The reinstatement fee for individual licenses which have been expired for a period of up to 365 days or more; or (3) The reinstatement fee resulting from any disciplinary measures of an individual license suspension and/or revocation as set forth in Saf-Mec 501.05

Saf-Mec 405.03 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 Saf-Mec 403.02 and 403.03;

(2) The supporting materials described in Saf-Mec 403.04; and

(3) Payment of the fees stated in Saf-Mec 501.03 and Saf-Mec 501.05.

(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 60 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 Saf-Mec 403.01, 403.05 and 403.06 within 120 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.

11


PART Saf-Mec 406 RENEWAL OF MECHANICAL LICENSES FOR BUSINESS ENTITIES Saf-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.

Saf-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) Its license to engage in fuel gas fitting and/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 have a sole proprietor, responsible managing employee, corporate officer, managing member or partner, as applicable, who:

(1) Is a master plumber for plumbing, and/or a fuel gas fitter currently licensed in New Hampshire; and

(2) Accepts responsibility for the business entity's performing plumbing work in accordance with the state mechanical, plumbing and fuel gas fitting codes or any more stringent local code; or

(g) The business entity has not:

(1) Complied with the application procedures set forth in Saf-Mec 406.03;

12


(2) Paid the renewal fee set forth in Saf-Mec 502.02 for the type of license being renewed; and

(3) Paid any applicable late renewal fees specified by Saf-Mec 502.03.

Saf-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 and/or plumbing shall do so by submitting the fee payment and the completed, signed and dated renewal application form on a timely renewal basis, by the last day of January each 2 year licensing period. (b) The renewal application form shall:

(1) Be provided by the board;

(2) Contain the following pre-printed statement:

"I acknowledge that, under RSA 641:3, I, knowingly making a false statement on this application form is a misdemeanor. I certify that the information I have provided on the application form is complete and accurate to the best of my knowledge and belief."

(3) Require the provision of the following information:

a. Identification of the business;

b. Identification of the individual who meets the requirements of the “Responsible Managing Employee” as described in Saf-Mec 307.05; c. A list of all employees of the business entity who perform fuel gas fitting and/or plumbing work; d. A detailed account of the circumstances relating to any court judgments against the business entity if any; and e. A detailed account of the circumstances relating to any criminal conviction of the business entity if any; and

(4) Be dated and signed by the licensed owner, corporate officer, managing member of the limited liability company or partnership, and the responsible managing employee as applicable.

(c) 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. Saf-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 Saf-Mec 406.03 (b)(2) shall be:

13


(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. Saf-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 Saf-Mec 406 within 120 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. PART Saf-Mec 407 REINSTATEMENT OF MECHANICAL LICENSES FOR BUSINESS ENTITIES Saf-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 Saf-Mec 407.02 if the licenses lapsed as a result of non-renewal. Saf-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;

14


(c) No other jurisdiction has revoked a license to engage in fuel gas fitting and/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 and/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 has a sole proprietor, responsible managing employee corporate officer, managing member or partner, as applicable, who:

(1) Is a master plumber for plumbing and/or a fuel gas fitting service technician currently licensed in New Hampshire; and

(2) Accepts responsibility for the business entity's performing mechanical work in accordance with the state mechanical, plumbing and fuel gas fitting codes or any more stringent local code;

(h) The business entity has complied with the reinstatement application procedures set forth in Saf-Mec 407.03; and (i) The business entity pays the following fees:

(1) The renewal fee for the type of license being renewed as set forth in Saf-Mec 502.02; and

(2) The total of any late renewal fees accrued by the last day of January one year after the original expiration date of the license; or (3) The reinstatement fee pursuant to Saf-Mec 502.03 as a result of the license suspension, revocation or late renewal that extends beyond the 365 day expiration period.

Saf-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 and/or plumbing shall do so by submitting the following application packet:

(1) A business application form provided by the board that meets the requirements of Saf-Mec 406.03 and 406.04; and

15


(2) The fees specified by Saf-Mec 502. (b) The board shall not consider a request for reinstatement of licensure until the completed reinstatement application packet described in (a) above has been received by the board’s office. (c) If the board, after receiving and reviewing the completed reinstatement application packet, requires further information or documents to determine the applicant's qualification for reinstatement of licensure, the board shall:

(1) So notify the applicant in writing within 60 days; and

(2) Specify the information or documents it requires. (d) The board shall deny the reinstatement application if the applicant does not submit the additional information or documents requested under (c) above within 60 days of the request. (e) The board shall approve or deny the reinstatement application in accordance with Saf-Mec 407.02 in writing within 120 days of the date that the board’s office has received the completed reinstatement application packet and any information or documents requested under (c) above. (f) A business applicant wishing to challenge the board's denial of its reinstatement application shall make a written request for a hearing of the challenge and submit it within 60 days of the notice of the denial.

16


APPENDIX

Rule Statute Saf-Mec 401.01 RSA 541-A:7 Saf-Mec 401.02 RSA 541-A:7; RSA 155-A:1, IV Saf-Mec 401.03 RSA 541-A:7; RSA 153:5 Saf-Mec 401.04 - 401.05 RSA 541-A:7 Saf-Mec 402.01(a) RSA 153:30, I(a) Saf-Mec 402.01(b) RSA 153:30, I(a); RSA 153:37, I Saf-Mec 402.01(c) - (d) RSA 153:30, I(b) Saf-Mec 402.01(e) RSA 153:28, II; RSA 153:30, I(b) Saf-Mec 402.01(f) RSA 153:30, I(c) Saf-Mec 402.01(g) RSA 153:30, I(b) Saf-Mec 402.02(a) RSA 153:29-a, II Saf-Mec 402.02(b) RSA 153:29-a, II; RSA 153:37, I Saf-Mec 402.02(c) – (d) RSA 153:30, I(b) Saf-Mec 403.01(a) – (b) RSA 153:30, I(a) Saf-Mec 403.01(c) RSA 541-A:29, I Saf-Mec 403.01(d) RSA 153:30, I(a) Saf-Mec 403.01(e) RSA 541-A:29, II Saf-Mec 403.01(f) – (j) RSA 153:30, I(a) Saf-Mec 403.02 – 403.06 RSA 153:30, I(a) Saf-Mec 404 RSA 153:30, I(d) Saf-Mec 405 RSA 153:30, I(b) Saf-Mec 406 RSA 153:29-a, II Saf-Mec 407 RSA 153:30, I(b)

17


Adopt Saf-Mec 500 to read as follows: CHAPTER Saf-Mec 500 INITIAL LICENSE APPLICATION FEES, INSPECTION FEES, LICENSE RENEWAL FEES, AND MISCELLANEOUS BOARD FEES PART Saf-Mec 501 INDIVIDUAL LICENSING FEES

Saf-Mec 501.01 Initial Plumbing and Fuel Gas Fitting Licensure Fees. The fee for an initial plumbing or fuel gas fitting license shall be as follows: (a) For an initial 2-year journeyman plumbing license: $190.00; (b) For an initial 2-year master plumbing license: $310.00; (c) For an initial 2-year domestic appliance technician license: $170.00; and

(d) For an initial 2-year fuel gas fitting license with either a fuel gas piping installer, a hearth system installation and service technician, a fuel gas installation technician or a fuel gas service technician endorsement: $190.00.

Saf-Mec 501.02: Initial Plumbing Apprentice and Fuel Gas Fitting Trainee Registration Licensure Fees. The fee for an initial plumbing apprentice and fuel gas fitting trainee registration license shall be as follows: (a) For an initial 2-year plumbing apprentice registration license: $90.00; and (b) For an initial 2-year fuel gas trainee registration license: $90.00.

Saf-Mec 501.03 Plumbing and Fuel Gas Fitting Renewal Fees. The fee for the renewal of an individual plumbing or fuel gas fitting license shall be as follows: (a) Renewal fee for a 2-year journeyman plumbing license: $180.00; (b) Renewal fee for a 2-year master plumbing license: $300.00; (c) Renewal fee for a 2-year domestic appliance technician license: $160.00; and

(d) Renewal fee for a 2-year fuel gas fitting licenses with a fuel gas piping installer, a hearth system technician, a fuel gas installation technician or a fuel gas service technician endorsement: $180.00.

Saf-Mec 501.04 Plumbing Apprentice and Fuel Gas Fitting Trainee Registration License Renewal Fees. The renewal fee for a plumbing apprentice and a fuel gas fitting trainee registration license shall be as follows: (a) Renewal fee for a 2-year plumbing apprentice registration license: $80.00; and (b) Renewal fee for a 2-year fuel gas trainee registration license: $80.00.


Saf-Mec 501.05 Late Renewal and Reinstatement Fees. Late renewal and reinstatement fees for all individual plumbing and fuel gas fitting licenses, plumbing apprentice and fuel gas trainee registration licenses shall be as follows:

(a) For late renewal of domestic appliance technician, plumbing and fuel gas fitting licenses past 30 days up to 12 months: $25.00 per month;

(b) For late renewal of plumbing apprentice and fuel gas fitting trainee registration

licenses past 30 days up to 12 months: $10.00 per month; and (c) For licensing reinstatement of individual licenses and registration licenses that have

been expired past 12 months, or are reinstated resulting from suspension or revocation: $350.00. PART Saf-Mec 502 MECHANICAL BUSINESS ENTITY FEES

Saf-Mec 502.01 Initial Mechanical Business Entity Licensure Fees. Fees for the initial licensure of mechanical business entities shall be as follows:

(a) For a 2-year mechanical business entity which employs one to 5 licensed plumbing and/or fuel gas fitting technicians: $190.00;

(b) For a 2-year mechanical business entity which employs 6-20 licensed plumbing

and/or fuel gas fitting technicians: $300.00; and (c) For a 2-year mechanical business entity employing 21 or more licensed plumbing

and/or fuel gas fitting technicians: $460.00.

Saf-Mec 502.02 Mechanical Business Entity Renewal Fees. Renewal fees for the licensure of mechanical business entities shall be as follows:

(a) For a 2-year mechanical business entity which employs one to 5 licensed plumbing and/or fuel gas fitting technicians: $190.00;

(b) For a 2-year mechanical business entity which employs 6-20 licensed plumbing

and/or fuel gas fitting technicians: $300.00; and (c) For a 2-year mechanical business entity employing 21 or more licensed plumbing

and/or fuel gas fitting technicians: $450.00.

Saf-Mec 502.03 Late Renewal and Reinstatement Fees. Late renewal and reinstatement fees for the licensure of mechanical business entities shall be as follows: (a) For late renewal past 30 days and up to 12 months: $25.00 per month; and

(b) For licensing reinstatement of mechanical business entity licenses that have been expired longer than 12 months, or are reinstated following suspension or revocation: $550.00. PART Saf-Mec 503 FEES FOR MECHANICAL INSPECTIONS

Saf-Mec 503.01 General Requirements for Mechanical Inspections.


(a) The board shall assess a fee calculated for fuel gas fitting and plumbing inspections

made by a state mechanical inspector:

(1) When the inspection is on the specific written request of:

a. The owner of the property where the fuel gas fitting and/or plumbing work to be inspected is located; b. The local code enforcement authority with jurisdiction over the fuel gas fitting or plumbing work to be inspected, when the state mechanical inspector performs the inspections at the request of the local code enforcement authority; c. The fuel gas fitter, plumber or mechanical business entity performing the licensed work to be inspected; or d. The builder or general contractor who by contract is responsible for the work of the fuel gas fitter or plumber or mechanical business performing the gas fitting or plumbing work to be inspected; or

(2) When the state mechanical inspector does so in accordance with the code enforcement authority given to the board by RSA 155-A.

(b) The board shall not charge a fee when the state mechanical inspector merely assists, or provides consultation to, the local code enforcement authority performing a mechanical inspection. (c) Inspection fees shall be paid in full before the inspection.

Saf-Mec 503.02 Calculation of Inspection Fees and Re-Inspection Fees. (a) The inspection fee shall be calculated on the basis of the total contracted cost of repairing or installing the fuel gas fitting or plumbing to be inspected, including the cost of the equipment installed or being installed, whether or not such equipment is provided by the fuel gas fitter or plumber doing the work. (b) The fee shall be calculated by using the steps in (c) below, provided that it shall not be less than $75.00.

(c) The calculations of the inspections shall be:

(1) The first $0.01 to $100,000.00 of the total contracted cost shall be multiplied by 1.2%; (2) The next $100,000.01 to $300,000.00 of the total contracted cost shall be multiplied by 0.5%, with the resultant number added to the sum calculated in accordance with (c)(1); and


(3) The next $300,000.01 and higher of the total contracted cost shall be multiplied by 0.3%, with the resultant number added to the sums calculated in accordance with (c)(1) and (c)(2).

(d) The fee for a re-inspection shall be 10% of the fee calculated in accordance with (c) above, provided that the fee shall not be less than $100.00 nor more than $500.00. PART Saf-Mec 504 FEES FOR OTHER SERVICES

Saf-Mec 504.01 Fees for Other Services. Fees for other services shall be:

(a) For an authenticated copy of a statement of good standing of an individual or business licensed or certified by the board: $25.00; (b) For a replacement business entity certificate: $35.00; (c) For a replacement wallet card: $25.00; (d) For a board-sponsored seminar, per person: $100.00; (e) For any type of license upgrade: $85.00. (f) For copies: $1.00 per page; (g) For CDs: $1.00 per CD, in addition to the fees in (f) and (h); and (h) For copies of photographs pertaining to closed cases: $1.00 per photo.

APPENDIX

Rule Statute Saf-Mec 501.01 – 501.05(b) RSA 153:28, II Saf-Mec 501.05(c) RSA 153:28, II; RSA 153:30, III; RSA 153:32, IV Saf-Mec 502.01 – 502.03(a) RSA 153:29-a, III, IV Saf-Mec 502.03(b) RSA 153:28, II; RSA 153:30, III; RSA 153:32, IV Saf-Mec 503 - 505 RSA 153:28, II

Branch Method Calculation Worksheet

STEP 1: Draw a sketch of the piping system

STEP 2: Obtain and enter system information, BTU load for equipment and total demand; enter into

Table 1 – Piping System utilizing the following:

Natural Gas = BTU/hr rating / 1000 (ft3/hr)

Propane = Total BTU/hr

STEP 3: Determine the gas to be used and system pressure, enter into Table 1 – Piping System

STEP 4: Label each section of piping on the sketch. i.e. Section 1 from point of delivery (regulator or meter) to the

first tee. Section two would be from first tee to the second tee. Continue to label each additional section on the

sketch.

STEP 5: Determine the length of each branch serving each appliance. Enter this length into Table 1 - Piping System

STEP 6: Enter the input rating for each appliance into the Appliance Table

Enter Natural Gas = BTU/hr/1000

Enter Propane = BTU/hr

STEP 7: Utilizing the appropriate table within NFPA 54, determine the length of each pipe section using the

correct table, using only the row with the longest length. Round up to the lengths listed in the table and read

across until a capacity equal to or greater than the required capacity is found. Read up to determine pipe size.

Repeat for each section listed in Table 1 – Piping System and enter size into Appliance Table.

TABLE 1 – Piping System Section Demand Section Length Size

1 240K BTU 60’ 1”

2 65K BTU 60’ 1/2"

3 175K BTU 60’ 3/4"

4 35K BTU 60’ 1/2"

5 140K BTU 60’ 3/4"

6 40K BTU 60’ 1/2"

7 100K BTU 60’ 1/2"

Table 2 - Appliance Table

Appliance Demand Section Length Size

Furnace

Boiler 100K BTU 60’

Water Heater

Oven

Range 65K BTU 60’

Dryer 35K BTU 60’

Fireplace 40K BTU 60’

Room Heater

Licensing Review; Field Staff Department of Safety

Jeffrey Cyr Chief Mechanical Inspector 603-‐223-‐4289 Ext. 25241 [email protected] Donald Carpia, Jr. Western & Southwestern New Hampshire [email protected] Ronald Lemere Seacoast & Central New Hampshire [email protected] Randy Sherman Lakes Region and Northeastern New Hampshire [email protected] Earl Middlemiss Western Lakes Region and Northern NH [email protected] Marc Prindiville Central & Southeastern New Hampshire [email protected] Administrative Licensing Supervisor Shana Warriner 603-‐223-‐4289, Ext 25232 [email protected] Licensing Clerk Jennifer Duquette 603-‐223-‐4289, Ext 25250 [email protected]

Gas Range 65K BTU

Gas Dryer 35K BTU

Gas Boiler 100K BTU

Gas Fireplace 40K BTU

3’

2’

8’

1’

8’ 10’

10’

3’

1’

8’ 1’

Pipe Sizing Practice Using this pipe diagram perform sizing for Schedule 40 Metallic Pipe utilizing tables in 2009 NFPA 54 and using the LONGEST LENGTH METHOD

NFPA Table used: 6.2(b) Total BTU Load = 240k BTU’s Longest Length = 52’ (use 60’ in table)

Natural Gas Inlet pressure = <2 psi Pressure Drop = .5 in w.c.

Gas Meter

PIPE SIZE = 1”

PIPE SIZE = 1”

PIPE SIZE = 1”

LENGTH = 52’

LENGTH = 40’

LENGTH = 34’

LENGTH = 19’

Gas Range 65K BTU

Gas Dryer 35K BTU

Gas Boiler 100K BTU

Gas Fireplace 40K BTU

3’

2’

8’

1’

8’ 10’

10’

3’

1’

8’ 1’

Pipe Sizing Practice Using this pipe diagram perform sizing for Corrugated Stainless Steel Tubing (CSST) utilizing tables in 2009 NFPA 54 and using the BRANCH METHOD

LP Gas Inlet pressure = 11 in w.c. Pressure Drop = .5 in w.c.

Second Stage Regulator

NFPA Table used: 6.2(h) Total BTU Load = 240k BTU’s Longest Length = 52’ (use 60’ in table)

PIPE SIZE = EHD 18

PIPE SIZE = EHD23

PIPE SIZE = EHD23

LENGTH = 52’

LENGTH = 40’

LENGTH = 34’

LENGTH = 19’