12.01: Definitions
For the purpose of these regulations, the terms listed below shall have the following meanings:"Board" means the Board of State Examiners of
Electricians except as otherwise defined.
"Board-approved" means approved by a majority vote of the
Board members present at any regular or special meeting.
"Clock hour" means a sixty-minute hour.
"Direct supervision" means direct, personal on-site
supervision.
"Fee" a fee to be determined annually by the commissioner of
administration under the provision of section three B of chapter seven.
"Fire warning system" means an inherently power-limited
system of wires, conduits, apparatus, devices, fixtures or other appliances
installed and interconnected electrically or electronically for the
detection of heat, smoke, or products of combustion, or for the transmission
of signals or audible alarms.
"Inherently power-limited system" means a system requiring
no overcurrent protection due to design and construction.
"Journeyman electrician" means a holder of a Class B
license and a person qualified to do the work of installing, repairing, or
maintaining wires, conduits, apparatus, devices, fixtures, or other
appliances used for heat, light, power, fire warning or security system
purposes.
"Licensee" means holder of a license issued by the Board.
"M.G.L." means Massachusetts General Laws.
"Master electrician" means a holder of a Class A license
and a person, firm, or corporation having a regular place of business who,
by the employment of journeymen or apprentices, performs the work of
installing, repairing or maintaining wires, conduits, apparatus, devices,
fixtures or other appliances used for light, heat, power, fire warning or
security system purposes; provided, however, that no journeyman electrician
so employed shall have more than one apprentice under his supervision; and
provided, further, that not more than one such apprentice shall be employed
for each journeyman electrician purposes.
"Provider" means a provider of continuing education
approved by the Board.
"Qualified employer" means a person, firm, or corporation
properly licensed by the Board to employ systems technicians, journeymen
electricians and/or apprentices, or persons, firms or corporations who
regularly employ electricians to perform electrical work.
"Qualified officer" means a corporate officer who is also a
Master Electrician or Systems Contractor and who, by surrendering his
original license, is issued a license in the corporate name and is
responsible for all actions of the corporation relative to electrical or
alarm installations.
"Related classroom" means instruction consisting of a
curriculum approved by the Board or Massachusetts Department of Education
relating to electrical and systems installation.
"Secretary" means the Executive Secretary of the State
Board of Examiners of Electricians.
"Security system" means an inherently power-limited system
of wires, conduits, apparatus, devices, fixtures, or other appliances
installed and interconnected electrically or electronically to permit access
control, proprietary signaling, surveillance and the detection of burglary,
intrusion, holdup, or other conditions requiring response or the
transmission of signals or audible alarms."System"
means a fire warning, security or other inherently power-limited system,
wire, conduit or device which conducts or consumes electricity and is
electrically or electronically activated.
"Systems contractor" means a holder of a Class C license
and a person, firm, or corporation having a regular place of business who,
by the employment of systems technicians or apprentices, performs the work
of installing, repairing or maintaining wires, conduits, apparatus, devices,
fixtures or other appliances used for systems; provided, however, that no
systems technician so employed shall have more than one apprentice under his
supervision; and provided, further, that not more than one such apprentice
shall be employed for each systems technician.
"Systems technician" means a holder of a Class D license
and a person qualified to do the work of installing, repairing or
maintaining wires, conduits, apparatus, devices, fixtures or other
appliances used for systems.
13.01: Class A (Master Electrician) License
(1) An applicant applying on or after November 7, 2003 for a Class A (Master Electrician) license shall meet the following eligibility criteria for licensure:
(a) furnish documentary proof satisfactory to the Board of having completed at least one year of experience as the holder of a Massachusetts Class B (Journeyman Electrician) license and having been actively engaged in, or working at the business of, installing repairing, or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for light, heat, power, fire warning or security system purposes; for the purposes of licensure as a Master Electrician, an applicant whose experience is limited to installing fire warning or security systems shall not be considered a qualified applicant.
(b) furnish documentary proof satisfactory to the Board of having successfully completed a Board-approved 150-hour Master's Course conducted by a college/university, public vocational school, private occupational school licensed by the Department of Education or an organization for its employees or members at no cost as described in 237 CMR 22.02 within ten years of the date of application for a Class A (Master Electrician) license; and
(c) obtain a passing score of at least 70% on the Board's written licensure examination.
(2) Equivalency. Applicants who have experience and/or education which does not fall within the specific provisions of 237 CMR 13.01 may submit to the Board a written request that such experience and/or education be considered for approval as the equivalent of the specific experience and education requirements. Said written request must contain detailed supporting information regarding education which is sufficient to allow the Board to conclude that the applicant possesses sufficient other education to meet the specific education requirements of 237 CMR 13.01 (1).
(3) Credit from Out-of-State Institution. An applicant who resides outside Massachusetts may obtain credit for the required 150-hour Master's Course from an out-of-state institution. Application for such credit shall be considered by the Board upon receipt of a written request for approval, accompanied by supporting documentation.
(4) Waiver of Master's Course. An applicant who holds a Master Electrician's license issued by another jurisdiction may request a waiver of the 150-hour Master's Course. Such request shall be made in writing at the time of application and may be granted by the Board upon review. The Board may request additional information regarding qualifications. Each such request for waiver shall include a statement certified by the Keeper of Records of the state board issuing such Master electrician's license that such license is current and in good standing.
13.02: Class B (Journeyman Electrician) License
(1) An applicant who entered the trade after July 1, 2001 and applies on or after November 7, 2003 for a Class B (Journeyman Electrician) license shall meet the following eligibility criteria:
(a) furnish documentary proof satisfactory to the Board of having completed, within the ten years preceding application, experience totaling a minimum of 8000 hours over a period of no less than four years as an apprentice working under the direct supervision of a holder of a Massachusetts Class B (Journeyman) license in accordance with M.G.L. c. 141, § 8, installing, repairing, or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for light, heat, power, fire warning or security system purposes. For the purposes of licensure as a Journeyman Electrician, an applicant whose experience is limited to installing fire warning or security systems shall not be considered a qualified applicant.
(b) furnish documentary proof satisfactory to the Board of having successfully completed the 600 hour Journeyman's Course conducted by a college/university, public vocational school, private occupational school licensed by the Department of Education or an organization for its employees or members at no cost as described in 237 CMR 22.01 within ten years of the date of application for a license; and
(c) obtain a grade of at least 70% on all licensure examinations.
(2) Experience and/or Education Equivalency. All applicants applying on or after November 7, 2003 whose work and education experience can be documented prior to July 1, 2001 as a condition of qualifying him or her to sit examination for a class B (Journeyman Electrician) license shall meet the following amended eligibility criteria for licensure:
Furnish documentary proof satisfactory to the Board of having completed the 300 hour Journeyman's Course as described in 237 CMR 22.01 within ten years of the date of receipt of application for examination for a class B license.
(3) Vocational School Experience. Applicants may receive credit for electrical shop experience toward the 8000 hour apprenticeship experience requirement and for electrical related instruction experience toward the 600 hour journeyman course requirement provided however, that such experience was obtained in a public vocational school program approved by the Department of Education under M.G.L. c 74 or in a private occupational school program licensed by the Department of Education under M.G.L. c 93 or in a college/university program approved by the Board.
(4) Out-of-State Applicants. Individuals applying while residing outside Massachusetts shall submit proof satisfactory to the Board of having completed a minimum of 600 hours of education focussing on the most current edition of the National Electrical Code and electrical theory within ten years of the date of application. Such applicants shall also submit on company letterhead and signed by an official representative of the company proof satisfactory to the Board of experience totaling 8000 hours as an apprentice electrician].
(5) Waiver of Journeyman's Course. An applicant who holds a Journeyman electrician's license issued by another jurisdiction may request a waiver of the 600 hour Journeyman's Course. Such request shall be made in writing at the time of application and may be granted by the Board upon review. Each such request for waiver shall include a statement certified by the Keeper of Records of the state board issuing such Journeyman electrician's license that such license is current and in good standing.
13.03: Class C (Systems Contractor) License
(1) An applicant applying on or after November 7, 2003 for a Class C (Systems Contractor) license shall meet the following eligibility criteria for licensure:
(a) furnish documentary proof satisfactory to the Board of having completed within the ten years preceding application, experience totaling a minimum of 2000 hours over a period of no less than one year as a Systems Technician.
(b) furnish documentary proof satisfactory to the Board of having met one of the following requirements:
(2) Equivalency. Applicants who have experience and/or education which does not fall within the specific provisions of 237 CMR 13.03(1)(a) and (b) may submit to the Board a written request that experience and/or education be considered for approval as the equivalent of the specific experience and education requirements. Said written request must contain detailed supporting information regarding experience and/or education which is sufficient to allow the Board to conclude that the applicant possesses sufficient other experience and/or education to meet the specific experience and education requirements of 237 CMR 13.03(1).
(3) Out-of-State Applicants. Individuals applying from outside Massachusetts shall submit proof satisfactory to the Board of having completed a minimum of 75 hours of education focusing on advanced systems technology and business management theory within ten years of the date of application. Such applicants shall also submit on company letterhead and signed by an official representative of the company proof satisfactory to the Board of experience totaling 2000 hours as systems technician.
(4) Waiver of Advanced Systems Technology and Business Management Courses. An applicant who holds a Systems Contractors license issued by another jurisdiction may request a waiver of the 75 hours of advanced systems technology and business management courses. Such request shall be made in writing at the time of application and may be granted by the Board upon review. Each such request for waiver shall include a statement certified by the Keeper of Records of the state board issuing such Systems Contractor license that such license is current and in good standing.
13.04: Class D (Systems Technician) License
(1) Each applicant who applies for a Class D (Systems Technician) license after November 5, 2004 shall meet the following eligibility criteria for licensure:
(a) furnish documentary proof satisfactory to the Board of a minimum of 4000 hours of practical experience obtained over a period of no less than two years under the direct supervision of a licensed Systems Technician. Experience obtained under the direct supervision of a licensed System Technician shall be documented on the official application and signed by the employer under oath or, in special cases as decided by the Board, by the supervising Technician under oath.
(b) furnish documentary proof satisfactory to the Board of having met one of the following requirements:
(3) Vocational School Experience. Applicants may receive credit for systems installation shop experience toward the 4000 hour apprenticeship experience requirement and for systems installation related instruction experience toward the 300 hour system technician course requirement provided however, that such experience was obtained in a public vocational school program approved by the Department of Education under M.G.L. c 74 or in a private occupational school program licensed by the Department of Education under M.G.L. c 93 or in an accredited institution of higher education program approved by the Board.
(4) Out-of-State Applicants. Individuals applying while residing outside Massachusetts shall submit proof satisfactory to the Board of having completed a minimum of 300 hours of education focusing on systems installation within ten years of the date of application. Such applicants shall also submit on company letterhead and signed by an official representative of the company proof satisfactory to the Board of experience totaling 4000 hours of practical experience obtained no less than two years under the direct supervision of a licensed Systems Technician.
(5) Waiver of Systems Installation Courses. An applicant who holds a Systems Technician license issued by another jurisdiction may request a waiver of the 300 hours of systems installation courses. Such request shall be made in writing at the time of application and may be granted by the Board upon review. Each such request for waiver shall include a statement certified by the Keeper of Records of the state board issuing such Systems Technician license that such license is current and in good standing.
13.05: Corporate License
Applicants for a Class A (Master's) or Class C (System Contractor) Certificate shall provide to the Board the following:
(a) a completed application form together with the fee set by the Secretary of Administration and Finance;
(b) a list of all officers of such corporation certified by the Clerk of the corporation as a true copy of its records
(c) a copy of its Articles of Organization;
(d) the name of the individual holding the Class A (Master's) or Class C (System Contractor) license who will serve as the Qualifying Officer and who must be a current employee and officer of the corporation and which individual holder of a Class A (Master's) or Class C (System Contractor) license shall surrender his individual license to the Board in order to be the holder upon which the corporate license is issued; and
(e) a letter from the Qualifying Officer requesting that the Board grant the corporation a certificate based on the examination previously passed by him or her.
13.06: Partnership License
Applicants for a Partnership license shall provide to the Board the following:
(a) a completed application form together with the fee set by the Secretary of Administration and Finance;
(b) the name of the individual holding the Class A (Master's) or Class C (System Contractor) license who will serve as the Qualifying Partner and must be a current partner in the partnership;
(c) a letter from the Qualifying Partner requesting that the Board grant the partnership a license based on the examination previously passed by him or her; and
(d) a fully completed Partnership Agreement Form obtained from the Board and signed by all partners.
13.07: Examination Re-testing
Any candidate who is unsuccessful in passing an examination for any license cited in this section must wait 10 days from the receipt of test results before they may apply again to take an examination.
14.01: Applications
(1) All applicants for licensure shall submit an application for examination to the Board for its approval.
(2) Applications, which are not filed by the applicable deadline, shall not be accepted.
(3) Applications, which are not complete, not legible, or are not accompanied by the required fee(s) shall not be accepted and shall be returned to the applicant.
(4) Any candidate who is unsuccessful in passing an examination for any license cited in 237 CMR 13.00 within 90 days of receipt of his/her initial application for examination must reapply for licensure in order to maintain eligibility to sit for examination.
14.02: Examination Administration
Examinations for licensure shall be given in the English language.
14.03: Examination Scores
(1) Applicants for all licenses (Class A (Master Electrician), Class B (Journeyman Electrician), Class C (Systems Contractor) or Class D (Systems Technician)] shall obtain a passing score of at least 70% on the examination(s) required for each class of licensure.
(2) Credit to Veterans. The Board shall grant credit of 5% to the examination standing of each applicant who is a veteran as defined in M.G.L. c. 4 §7, clause 43.
14.04: Examination Review
(1) Any applicant who fails an examination may apply to the Board in writing for an opportunity to review the examination.
(2) Each applicant seeking review of an examination shall submit the required fee for such review.
(3) Applicants permitted to review an examination may not be accompanied by any individual while engaged in such review.
(4) The Board shall make all final decisions with respect to the validity of examination questions, applicant scores and applicant licensure.
14.05 Exemptions for utility employees
(1) Persons who are present or former employees of public utilities and, in such employment, are or were subject to the exemptions contained in M.G.L. c. 141, §7, shall have the benefit of those exemptions for so long as that person remains employed at the same work location or locations for any employer which succeeds the utility employer.
(2) Successor employers of persons or individuals seeking continued exemption subject to M.G.L. c. 141, §7 must specifically request such continued exemption from the Board on forms developed by and available from the Board.
(3) In order to assist the Board in maintaining the exemptions contained in M.G.L. c. 141, §7, successor employers of persons seeking continued exemption shall submit to the Board the following information in support of any application for continued exemption submitted either by the successor employer on behalf of one or more employees or by an individual employee on his or her own behalf:
(a) name(s) of persons proposed to be covered by a continued exemption;
(b) specific jobs performed by the person which involved electrical wiring, electrical installations or any other aspect of electrical work;
(c) the general nature of the work performed by the person while employed by the public utility and the successor employer;
(d) the work locations of the person while employed by the public utility and the successor employer; and
(e) any other information requested by the Board which, in the judgment of the Board, will enable persons seeking continued exemption pursuant to M.G.L. c. 141, §7 to work in their places of employment.
The information must be provided by the successor employer to the Board no later than 90 days after divestiture of generating plants by the utility to successor employer.
Failure to provide the information required by this section shall result in rejection of the application by the Board.
(4) After the Board has reviewed the application for continued exemption submitted by a successor employer or an individual, the Board may approve said application based on the information contained therein or may, in its discretion, request that the employer, any individual(s) on whose behalf the employer submitted an application or an individual applicant appear before the Board to discuss the application.
15.01: Standards
(1) The Board may license without examination any person who has been licensed as a Master or Journeyman electrician or System contractor or technician in another state under laws which, in the opinion of the Board, maintain standards substantially the same as those of the commonwealth for electricians; provided, however, that the state which has already granted licensure has entered a written agreement with the commonwealth giving a like privilege to holders of electricians' licenses issued by the commonwealth.
(2) In determining what constitutes "standards substantially the same as those of the commonwealth" as set forth in 237 CMR 15.01(1), the Board shall require the following of each applicant for licensure without examination:
(a) Class A (Master) License: An applicant for a Master electrician license shall provide evidence satisfactory to the Board of:
15.02: Application for Licensure Without Examination (by Reciprocity)
(1) Applicants for either a Class A (Master), Class B (Journeyman), Class C (System Contractor) or Class D (System Technician) license shall complete an application form provided by the Board and shall submit the completed, notarized application to the Board for its approval.
(2) Applications shall be accompanied by payment in full of the required fee in the form of a certified check, postal money order, or express money order; applications not submitted with the required fee shall not be accepted by the Board.
(3) The fee submitted in connection with an application which is rejected by the Board shall not be returned to the applicant.
(4) Applicants shall submit with a completed application form a Statement of Registration from the licensing board of the state from which the applicant is applying; the Statement of Registration shall include the applicant's full name, address, license type and number, shall indicate whether the license is current and in good standing, and shall be certified by an appropriate official and bear the board seal.
(5) All applications, papers and other documents submitted to the Board in connection with an application for licensure without examination shall become the property of the Board.
(6) Applicants who have been previously examined by the Board for a Master or Journeyman Electrician's license or System Contractor or Technician shall not be issued a license under the provisions of 237 CMR 15.00.
(7) All persons licensed without examination shall be subject to all Board statutes and regulations.
16.01: License Renewal
(1) Class A, B, C and D Licenses.
Individual holders of a Class A (Master Electrician), B (Journeyman
Electrician), C (Systems Contractor), or D (Systems Technician) license
shall submit to the Board by the established deadline a license renewal
application form completed and signed by the individual license holder,
along with appropriate evidence of completion of all required continuing
education.
(2) Fees for License Renewal.
Renewal application forms shall be accompanied by the appropriate renewal
fee.
(3) Renewal of Expired Licenses.
A license holder who fails to renew by the renewal deadline may apply for
such renewal and shall pay the required renewal fee and any required
additional fees.
(4) Military and Naval Service.
A license holder whose license expires while the holder is in military or
naval service of the United States shall have such license renewed without
further examination upon payment of the required renewal fee at any time
within four months of such holder's official discharge from the service.
16.02: Changes in License Information
(1) A license holder shall within ten days of a change of name and/or mailing or legal address notify the Board in writing of such change.
(2) In the case of a name change, the Board shall issue a new license in the new name upon receipt of the appropriate form available from the Board, the surrender of the original license and payment of the required fee.
16.03: Corporate Licenses
(1) License Renewal.
The individual holder of a Class A or Class C license upon whose examination
a corporate license was issued shall submit to the Board by the established
deadline a license renewal application form signed by the individual holder
or by the appropriate member of the firm or officer of the corporation and
the appropriate renewal fee.
(2) Withdrawal of Qualifying Officer.
In the case of the withdrawal of a corporation's qualifying officer, the
license holder withdrawing as the qualifying officer shall notify the Board
in writing within five days of such withdrawal and shall inform the Board of
the date of his withdrawal and the license holder who qualifies as the new
qualifying officer shall submit to the Board a new application, appropriate
fee, Articles of Organization, list of officers, original corporate license
and letter of request within five days of the withdrawal of the former
qualifying officer. Upon written request and for good cause shown, the Board
may extend the time within which the new qualifying officer shall submit the
new application.
(3) Change of Corporate Officers.
In the case of the change of officers of any corporation holding a Class A
license, the Clerk of the corporation shall notify the Board in writing
within ten days of such change.
(4) Nullification of Corporate License.
A Class A or a Class C license issued to an individual as the qualifying
officer of a firm or corporation shall become void 60 days after said
qualifying officer severs his connection therewith; except that, for good
cause shown, the Board may extend the license for a further specified period
of time upon written request.
(5) Death of Qualifying Officer.
A Class A or a Class C license issued to an individual as the qualifying
officer of a firm or corporation shall become void 60 days after the death
of said qualifying officer; except that, for good cause shown, the Board may
extend the license for a further specified period of time upon written
request.
(6) Disciplinary action by the Board against a licensee who is a qualifying officer shall affect all corporate licenses for which the licensee is the qualifying officer.
16.04: Partnership Licenses
(1) Initial licensure. Applicants for a Partnership license shall provide to the Board satisfactory proof of the following information:
(a) that one of the members of the partnership is a Master electrician or System Contractor licensed by the Board;
(b) a copy of the Partnership Agreement; and
(c) a fully completed Partnership Agreement Form provided by the Board signed by both partners.
16.05: Duplicate Licenses
The Board shall issue a duplicate license upon submission of satisfactory evidence by the licensee that the original license has been lost or destroyed and upon receipt by the Board of the appropriate form and payment of the required fee.
16.06: Record of Standing
The Board shall issue a Record of Standing stating the licensee's name, address, license number, license expiration date, and license status to any licensee making such a request upon payment of the required fee.
16.07: Transfer and Assignment
Licenses issued by the Board shall not be transferred or assigned.
17.02: Requirements for All Providers and Seminars/Courses
(1) Out of State and Massachusetts Seminars/Courses Providers and Courses. Individuals and entities seeking approval to provide continuing education seminars/courses shall include, but not be limited to: vocational schools, association-sponsored programs, labor training programs, employer training programs, and private instructors. All individuals and entities seeking Board approval to conduct seminars/courses within Massachusetts shall complete a Massachusetts provider seminars/courses and shall submit to the Board for its review and approval a completed original application and agreement form provided by the Board accompanied by the appropriate application fee, a detailed outline of the course of study offered, and, if applicable, the names and license numbers of all instructors employed by the provider. Out of state providers seeking approval to conduct seminars/courses outside of Massachusetts shall complete a Massachusetts provider seminar and complete and submit for approval an agreement form provided by the Board. The Board may withdraw its approval of any provider or course for good cause shown.
(2) Instructors/MCE Seminars. Each provider shall notify the Board in writing of any change of his or her instructors within ten days of the change.
(b) Certificate of completion of Profession Development Seminar/Course
(c) All providers shall be a current holder of a certificate A, B, C, or D each certificate, in good standing with the board or other licensing agency. All providers shall maintain in electronic medium acceptable to the board the names, license number(s), of all licensees attending the continuing education seminar(s). A copy of such shall be submitted to the Board within ten (10) working days of the completion date of such seminar in an electronic medium format acceptable to the Board by email and/or diskette. All records maintained by the provider shall be made available to the Board or its agents within ten (10) days upon request.
(4) Records Security. Each provider shall be responsible for the security of the Board-issued provider nine digit number and their respective certificate, in accordance with 237 CMR 17.02(5).
(5) Falsification of Information by Provider. The falsification of any information relating to the requirements of 237 CMR 17.00 by the provider shall be grounds for the withdrawal of Board approval of the provider and, where Board licensee(s) are found to be involved, for the initiation of formal disciplinary proceedings against such licensee(s).
19.01: Basis for Disciplinary Action
1. Failure by any licensee to comply with the regulations of the Board or with any other federal or state laws and/or regulations shall be sufficient cause to initiate formal disciplinary action against such licensee.
2. Disciplinary action taken against a Massachusetts licensee by another state in which that person is also licensed may be the basis for initiation by the Board of disciplinary action against the Massachusetts licensee, provided that the conduct disciplined in another jurisdiction would constitute a violation of laws or regulations in Massachusetts.
19.02: Applicable Rules
Adjudicatory hearings before the Board of State Examiners of Electricians shall be governed by the State Administrative Procedures Act, M.G.L. c. 30A, and the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 et seq.
20.01: Penalties
Any licensed electrician who, in the performance of his duties as an Inspector of Wires, fails to comply with the provisions of M.G.L. c. 166, §32, c. 166, §32A or other statutes and regulations of the Commonwealth or orders of the Board shall be subject to disciplinary action by the Board.
21.01: PurposeThe Board of Electricians' Appeals, whose membership consists of the members of the State Examiners of Electricians, is established to hear appeals filed with the Board by any person aggrieved by a notice, interpretation, order, requirement, or direction of any local Inspector of Wires or other person charged with the enforcement of the rules and regulations of the Board of Fire Prevention Regulations (527 CMR).
21.02: Definitions
The following definitions shall apply to the provisions of 237 CMR 11.00:
"Board" means the Board of Electricians' Appeals.
"Inspector" means the local Inspector of Wires appointed by any city or town in accordance with M.G.L. c. 166, §32.
"State Examiners" means the Board of State Examiners of Electricians.
21.03: Filing an Appeal
(1) Written Appeal.
Any person aggrieved by a notice, interpretation, order, requirement, or
direction of an Inspector of Wires or other person charged with the
enforcement of the rules and regulations of the Board of Fire Prevention
Regulations may, within ten (10) days after notice thereof, appeal to the
Board. Such appeal shall be in writing and state all matters pertinent to
the appeal, including a copy of the Inspector's written notice of
disapproval of the subject electrical work.
(2) Fee.
The fee for filing an appeal shall be that set by the Secretary of
Administration and Finance of the Commonwealth of Massachusetts and may be
paid by check or money order payable to the Commonwealth of Massachusetts.
(3) Hearings
(a) Scheduling of Hearings. Upon receipt of an appeal filed in compliance with this section, the Board shall schedule a hearing.
(b) Conduct of Hearings. The hearings held by the Board shall be conducted in accordance with the State Administrative Procedure Act, M.G.L. c. 30A, and the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 et seq. The Board shall hear all pertinent evidence and shall make findings of fact based on such evidence.
(c) Decision and Order. The Board shall issue a written decision and order reversing, affirming, or modifying, in whole or in part, the notice, interpretation, order, requirement, or direction of the Inspector of Wires. The Board shall send a copy of the completed decision by certified mail to all parties.
21.04 Effect of local By Laws and Ordinances
Unless otherwise noted in M.G.L. c. 143 §§3 through 60 inclusive, the State Board of Fire Prevention Regulation, including the Massachusetts Electrical Code, as incorporated into the state building code, supercedes any and all local by laws and ordinances relating to the installation, repair, and maintenance of electrical wiring and electrical fixtures used for light, heat, power, fire warning or security system purposes.
22.01: 22.01 600-hour course required as a prerequisite to sit for Journeyman examination (as applicable Modular and Non-modular600 hour course candidates may elect to take a 600-hour modular course as listed in section 22.01 (1) or a non-modular course as listed in 22.01 (2) as a prerequisite to sit for the Journeyman examination.
(1) The 600-hour course required for eligibility for examination as a Journeyman Electrician shall include, but not be limited to, the following subjects:
(2) In order to qualify for the Journeyman examination, an apprentice whose electrical work experience can be documented after July 1, 2001 may elect to complete a two-tier, 600-clock hour course. Said course shall be divided into 75 modules. The 600 hour course shall include but not limit to the following subjects:
(a) First Tier: The curriculum (300-clock-hours) shall be consecutive clock-hours:
(b) Second Tier: The Electrical curriculum (300-clock-hours) shall be consecutive clock-hours:
(3) The Board may set additional course requirements by Board policy statements issued periodically, as developments in the profession so require.
22.02 300-Hour course required as a prerequisite to sit for Journeyman examination (as applicable)(1) In order to qualify to sit for the Journeyman Electrician examination, each apprentice whose electrical work experience can be documented prior to July 1, 2001 and who has commenced course work to satisfy the education requirement for licensure as a journeyman electrician as of November 5, 2004 shall complete a 300-clock-hour course as a prerequisite for examination as a Journeyman Electrician. The 300 hour course shall include, but not be limited to, the following subjects:
(2) The Board may set additional course requirements by Board policy statements issued periodically, as developments in the profession so require.
22.03 150-hour course required as a prerequisite to sit for Master examination(1)The 150 hour course which is required for eligibility of the Master examination shall include, but not be limited to, the following subjects:
(2) The Board may set additional course requirements by Board policy statements issued periodically, as developments in the profession so require.
22.04 300-hour course required as a prerequisite to sit for Systems Technician examination(1) In order to qualify to sit for the System Technician (Class D) Electrician examination, each apprentice whose electrical work experience can be properly documented shall complete a 300-clock-hour (75-clock-hour/Module) course as a prerequisite for examination as a System Technician. Said course will be divided into seventy-five hour modules. The 300 hour course shall include, but not be limited to, the following subjects:
(2) The Board may set additional course requirements by Board policy statements issued periodically, as developments in the profession so require.
22.05 75-hour course for Systems Contractor examination(1)The 75 hour course which is required for eligibility for examination as a System Contractor shall include, but not be limited to, the following subjects:
(a) Advanced alarm system theory.
(b) Applicable Massachusetts General Laws pertaining to:
(c) Board Rules and Regulations:
(2) The Board may set additional course requirements by Board policy statements issued periodically, as developments in the profession so require.
23.01: Liability Insurance Requirements for Limited Liability Corporations and Limited Liability Partnerships
A limited liability company and a limited liability partnership which own or operate any facility or business which is licensed by the Board to provide electrical services shall maintain professional liability insurance which meets the following minimum standards:
(a) The insurance shall cover negligence, wrongful acts, errors and omissions and insure the LLC and its officers or the LLP and its partners as required by M.G.L. c. 156C, §65 and M.G.L. c. 108A, §45(8)(a), respectively.
(b) For each claim concerning an LLC, the minimum insurance coverage shall be either:
(c) For each claim concerning an LLP, the minimum insurance coverage shall be:
(d) The insurance coverage required by this section may provide that it does not apply to any dishonest, fraudulent, criminal or malicious act or omission of the insured LLC or any employee or officer thereof or the insured LLP or any employee or partner thereof.
23.02: Cancellation of Insurance
(1) Cancellation or any other interruption in required insurance coverage shall require an LLC or LLP to immediately cease the business of electrical work until such time as the LLC or LLP is in compliance with this section.
(2) An LLC or LLP must notify the Board within five (5) business days if its insurance coverage is cancelled or otherwise interrupted. Failure to provide the required notice to the Board will subject to disciplinary action pursuant to M.G.L. c. 112, §59 licensees who are officers of the LLC or are partners of the LLP.
23.03: Verification of Insurance
An officer of an LLC or a partner of an LLP may be required to provide verification of compliance with this section to the Board when he or she seeks initial licensure, renewal of a license or at any other time as requested by the Board.
Massachusetts General Law
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
CHAPTER 13. DIVISION AND BOARDS OF REGISTRATION
STATE EXAMINERS OF ELECTRICIANS
Chapter 13: Section 32. Board; membership; appointment; term; executive secretary; compensation and expenses
Section 32. The state examiners of electricians, hereinafter, called the board, shall consist of the state fire marshal, the associate commissioner for the division of occupational education in the department of education, ex officiis, and eight persons to be appointed for terms of three years each by the governor. One of said appointees shall be a representative of the public, subject to the provisions of section nine B and one shall be a local wiring inspector who is an electrician licensed under chapter one hundred and forty-one. Six of said appointees shall be citizens of the commonwealth: one of whom shall be a master electrician who holds a certificate A license issued under said chapter one hundred and forty-one and has at least ten years experience as an employing master electrician; one shall be a master electrician who holds certificate A and certificate B licenses issued under said chapter one hundred and forty-one, is actively engaged in such business and has at least ten years experience as an employing master electrician; one shall be a journeyman electrician who holds a certificate B license issued under said chapter one hundred and forty-one, is a wage earner and has at least ten years practical experience in the installation of wires and appliances for carrying electricity for light, heat or power purposes; one shall be a systems contractor who holds a certificate C license issued under said chapter, is actively engaged in the business of fire warning and security systems as his principal business and has at least ten years experience as an employing systems contractor; one shall be a systems technician who holds a certificate D license issued under said chapter, is a wage earner and has at least ten years practical experience in the installation, repair and maintenance of systems; and one shall be a representative of the New England Section of the International Municipal Signal Association who holds at least a level I competency certificate from said association, is a municipal employee and has at least ten years practical experience in the installation, repair and maintenance of fire warning or signalling systems. The state fire marshal shall be chairman. The board shall appoint an executive secretary who shall be a wage earner, a citizen of the commonwealth, and a practical electrician of at least ten years’ experience in such installation. The board may also appoint, subject to chapter thirty-one, such other clerical and technical assistants as may be necessary to discharge its duties under chapter one hundred and forty-one and shall establish their duties. The members, ex officiis, shall receive no compensation for their services under chapter one hundred and forty-one, but the appointive members shall each receive for their services thereunder a salary of seven hundred and fifty dollars. The board may expend for the salaries of the appointive members and of the secretary and other employees and for necessary traveling and other expenses for themselves and their employees such sums as are annually appropriated therefor.
CHAPTER 13. DIVISION AND BOARDS OF REGISTRATION
BOARD OF ELECTRICIANS’ APPEALS
Chapter 13: Section 32A. Creation; membership; rules and regulations; meetings; private interest; clerical personnel
Section 32A. There shall be a board of electricians’ appeals, whose membership shall consist of the members of the state examiners of electricians. The chairman of the state examiners of electricians shall be the chairman of said board. Said board may make such rules or regulations, not inconsistent with law, as it may deem necessary in the performance of its duties and may establish forms of appeals and petitions, and reasonable fees, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. Said board shall hold such meetings as are required to perform its duties. Notice of all meetings, including the time and place, shall be required by rules or regulations. A majority of said board may transact business, but a lesser number may adjourn from time to time.
No member of said board shall act or vote as such on any matter in connection with which his private interest, as distinguished from the public interest, is immediately concerned.
The state examiners of electricians shall assign such clerical, technical and other assistance as may be required by the board of electricians’ appeals.
TITLE XVI. PUBLIC HEALTH
CHAPTER 112. REGISTRATION OF CERTAIN PROFESSIONS AND OCCUPATIONS
GENERAL PROVISIONS RELATIVE TO EACH BOARD OF REGISTRATION OR EXAMINATION IN THE DIVISION OF REGISTRATION OF THE DEPARTMENT OF CIVIL SERVICE AND REGISTRATION
Chapter 112: Section 61. Suspension, revocation or cancellation of certificate, registration, license or authority by boards; disciplinary measures; sanctions; student loan defaulters; review
Section 61. Except as otherwise provided by law the board of registration in medicine each board of registration or examination in the department of public health in the executive office of health and human services and, each board of registration or examination in the division of professional licensure in the office of consumer affairs and business regulation, after a hearing, may, by a majority vote of the whole board, suspend, revoke or cancel any certificate, registration, license or authority issued by it, if it appears to said board that the holder of such certificate, registration, license or authority, is incapacitated by reason of mental illness, or is guilty of deceit, malpractice, gross misconduct in the practice of his profession, or of any offense against the laws of the commonwealth relating thereto. Any person whose certificate, registration, license or authority is suspended or revoked hereunder shall also be liable to such other punishment as may be provided by law. The said boards may make such rules and regulations as they deem proper for the filing of charges and the conduct of hearings.
A board of registration under the supervision of the division of professional licensure may discipline the holder of a license, certificate, registration or authority issued pursuant to this chapter or chapters 141 and 142 if it is determined, after a consent agreement between the parties or after an opportunity for an adjudicatory proceeding conducted pursuant to chapter 30A, that such holder has:
(1) engaged in conduct which places into question the holder’s competence to practice the profession including, but not limited to, gross misconduct; practicing the profession fraudulently; practicing his profession beyond the authorized scope of his license, certificate, registration or authority; practicing the profession with gross incompetence; or practicing the profession with negligence on 1 or more than 1 occasion;
(2) engaged in the practice of his profession while the ability to practice was impaired by alcohol or drugs;
(3) violated any law, rule or regulation of the board of registration governing the practice of the profession;
(4) been convicted of a criminal offense which is reasonably related to the practice of the profession;
(5) engaged in dishonesty, fraud or deceit which is reasonably related to the practice of the profession;
(6) knowingly permitted, aided or abetted an unauthorized person in performing activities requiring a license, certificate, registration or authority; or
(7) had a license, certificate, registration or authority issued by another state or territory of the United States, the District of Columbia, or a foreign state or nation with authority to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the action would constitute a basis for disciplinary action in the commonwealth.
Notwithstanding any general or special law to the contrary, a board of registration under the supervision of the division of professional licensure, may by a majority vote and after a consent agreement between the parties or after an opportunity for an adjudicatory proceeding conducted pursuant to chapter 30A, upon determination made that the holder of a license, certificate, registration or authority issued by any such board of registration is subject to discipline based on any provision enumerated in this section, undertake 1 or more of the following actions:—
(1) suspend, revoke, cancel, decline to renew, or place on probation such license, certificate, registration or authority;
(2) reprimand or censure a holder;
(3) assess upon the holder a civil administrative penalty, as determined by the board, not to exceed $100 for a first violation; $500 for a second violation; $1,500 for a third violation; or $2,500 for a fourth or subsequent violation;
(4) require the holder to complete additional education and training as a condition of retention or future consideration of reinstatement of the license, certificate, registration or authority;
(5) require the holder to practice under appropriate supervision for a period of time as determined by the board as a condition of retention or future consideration of reinstatement of the license, certificate, registration or authority;
(6) require the holder to participate in an alcohol or drug rehabilitation program as a condition of retention or future consideration of reinstatement of the license, certificate, registration or authority.
Nothing in this section shall be deemed a limitation on a board’s authority to impose such reasonable sanctions as it deems appropriate by the board after a hearing or by a consent agreement. A person sanctioned under this section shall be subject to such other sanctions or punishment provided by law. The boards shall promulgate such rules and regulations not inconsistent with chapter 30A as necessary for the filing of charges and the conduct of proceedings.
Each such board of registration or examination, upon receiving a written list of names of educational loan defaulters from the Massachusetts Education Financing Authority established pursuant to section four of chapter fifteen C or the Massachusetts Higher Education Assistance Corporation created under chapter two hundred and ninety-eight of the acts of nineteen hundred and fifty-six, shall suspend, revoke or cancel a professional or occupational certificate, registration, license, or authority issued by it if the holder is so listed as being in default on an educational loan made under any of the programs administered by such authority or corporation, hereinafter referred to in this paragraph as the loan agency. Any such holder whose certificate, registration, license or authority is suspended, revoked or cancelled pursuant to this paragraph because of such holder’s default on an educational loan shall be informed by the applicable board of registration of the availability of the review procedure provided by this paragraph. Within thirty days of the receipt of notice of such suspension, revocation or cancellation, the holder may request the loan agency which notified the board of registration of the default to conduct a review of the applicant’s alleged loan default. Upon receipt of a request for review, the loan agency shall notify the board of registration that the applicant has requested a review, whereupon the board of registration shall provisionally cancel the suspension, revocation or cancellation of the certificate, registration, license or authority until the board of registration is notified by said loan agency of the disposition of the review. Such review shall include a determination that said loan agency has complied with all federal requirements applicable to student loan defaulters, and any further requirements specified by the director of consumer affairs and business regulation. If the loan agency which conducts the review determines that the notice of default was in error, or enters into an arrangement for repayment or enters into any other arrangement with the applicant, the loan agency shall promptly notify the applicable board of registration and such board shall reinstate or renew the certificate, registration, license or authority of the holder, provided the holder meets all other requirements therefor. If the loan agency determines that the notice of default was warranted, the loan agency shall notify the applicable board of registration to suspend, revoke or cancel said certificate, registration, license or authority. The director of consumer affairs and business regulation is hereby authorized to promulgate regulations pursuant to sections one to eight, inclusive, of chapter thirty A to enforce the provisions of this paragraph.
Each such board, if it appears after a hearing that a statement in an application to it for certification, registration, licensure or authority, which is required to be under oath or affirmation or to contain or be verified by a written declaration that it is made under penalties of perjury, is false and known to the applicant to be false, shall refuse to grant or issue or shall revoke or cancel such certificate, registration, license or authority. The provisions of this paragraph shall not affect, but shall be in addition to, any other penalty provided by law.
Except as otherwise provided in this chapter, no such board shall make any rule or regulation prohibiting the advertising or dissemination of truthful information concerning the price, nature and availability of goods and services to consumers, the effect of which would restrain trade or lessen competition.
Chapter 112: Section 62. Hearings
Section 62. Any person against whom charges are filed shall be notified of the hearing thereof, and may appear with witnesses and be heard by counsel. If such person has left the commonwealth, or cannot be found by reasonable search, notice may be dispensed with. Said boards shall have the same powers to summon witnesses to attend such hearings, and to swear them as are conferred upon city councils and other bodies by section eight of chapter two hundred and thirty-three, and said section and sections nine and ten of said chapter shall apply to witnesses summoned as aforesaid.
Chapter 112: Section 63. Pendency of action before criminal court; delay; pendency of charge before board; continuance
Section 63. Said boards shall not defer action upon any charge before them until the conviction of the person accused, nor shall the pendency of any charge before any of said boards act as a continuance or ground for delay in a criminal action.
Chapter 112: Section 64. Review by supreme judicial court of suspension, revocation or cancellation order; decree; standards of review by other courts
Section 64. The supreme judicial court, upon petition of a person whose certificate, registration, license or authority has been suspended, revoked or cancelled, may enter a decree revising or reversing the decision of the board, in accordance with the standards for review provided in paragraph (7) of section fourteen of chapter thirty A; but prior to the entry of such decree no order shall be made or entered by the court to stay or supersede any suspension, revocation or cancellation of any such certificate, registration, license or authority. Where a statute provides that a court other than the supreme judicial court may review a board’s action, such review shall be conducted in accordance with the standards of review provided in paragraphs (3) to (7), inclusive, of said section 14 of said chapter 30A.
Chapter 112: Section 65. Practice during suspension, revocation or cancellation; civil administrative penalties; notice; expiration and renewal of license; court orders
Section 65. (a) Whoever continues to practice a trade or profession after his certificate, registration, license or authority to do so has been suspended, revoked or cancelled under section 61, and while such disability continues, shall be punished by a fine of not more than $2,500 or by imprisonment for not more than 6 months, or both.
(b) Notwithstanding any general or special law to the contrary, each board of registration under the supervision of the division of professional licensure and each board of registration under the supervision of the department of public health may, after a consent agreement between the parties or after an opportunity for an adjudicatory proceeding held pursuant to chapter 30A, assess and collect a civil administrative penalty of not more than $1,000 for the first violation and not more than $2,500 for a second or subsequent violation upon a person who practices a trade or profession at a time when his license, certificate, registration or authority to do so has been suspended, revoked or cancelled by the board of registration that issued the license, and upon any person who knowingly practices a trade or profession at a time when his license, certificate, registration or authority to do so has expired; provided, however, that if a licensee has, in accordance with any law and with board regulations, made timely and sufficient application for a renewal, his license shall not expire until his application has been finally determined by the board; provided further, that prior to the assessment of a civil administrative penalty under this section, the board shall notify the licensee that he has at least 90 days after the date of expiration within which to submit an application for renewal during which time the board shall waive any applicable penalties pursuant to this paragraph. An assessment of a civil administrative penalty under this section shall bar a subsequent imposition of a criminal penalty for the same violation and an imposition of a criminal penalty under this section shall bar a subsequent assessment of a civil administrative penalty for the same violation.
(c) A board may apply to the appropriate court for an order enjoining the unlicensed practice of a trade or profession or for an order for payment of an assessed penalty or for such other relief as may be appropriate
TITLE XX. PUBLIC SAFETY AND GOOD ORDER
CHAPTER 141. SUPERVISION OF ELECTRICIANS
Chapter 141: Section 1. Definitions
Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:
"Fee", a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
"Fire warning system", an inherently power limited system of wires, conduits, apparatus, devices, fixtures or other appliances installed and interconnected electrically or electronically for the detection of heat, smoke, or products of combustion, or for the transmission of signals or audible alarms.
"Inherently power limited system", a system requiring no overcurrent protection due to design and construction.
"Journeyman electrician", a person qualified to do the work of installing, repairing, or maintaining wires, conduits, apparatus, devices, fixtures, or other appliances used for heat, light, power, fire warning or security system purposes.
"Master electrician", a person, firm or corporation having a regular place of business who, by the employment of journeyman or apprentices, performs the work of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for light, heat, power, fire warning or security system purposes; provided, however, that no journeyman electrician so employed shall have more than one apprentice under his supervision; and provided, further, that not more than one such apprentice shall be employed for each journeyman electrician.
"Security system", an inherently power limited system of wires, conduits, apparatus, devices, fixtures, or other appliances installed and interconnected electrically or electronically to permit access control, proprietary signalling, surveillance and the detection of burglary, intrusion, holdup, or other conditions requiring response or the transmission of signals or audible alarms.
"System", a fire warning, security or other inherently power limited system, wire, conduit or device which conducts or consumes electricity and is electrically or electronically activated.
"Systems contractor", a person, firm or corporation having a regular place of business who, by the employment of systems technicians or apprentices, performs the work of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for systems; provided, however, that no systems technician so employed shall have more than one apprentice under his supervision; and provided, further, that not more than one such apprentice shall be employed for each systems technician.
"Systems technician", a person qualified to do the work of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for systems.
Chapter 141: Section 1A. Licensure requirement; exceptions
Section 1A. No person, firm or corporation shall enter into, engage in, or work at the business or occupation of installing wires, conduits, apparatus, devices, fixtures, or other appliances for carrying or using electricity for light, heat, power, fire warning or security system purposes, unless such person, firm or corporation shall be licensed by the state examiners of electricians in accordance with this chapter and, with respect to security systems, unless such person, firm or corporation shall also be licensed by the commissioner of public safety in accordance with the provisions of sections fifty-seven to sixty-one, inclusive, of chapter one hundred and forty-seven.
This chapter shall not apply to: a person not engaged in the business described in this section who employs or contracts for the services of a person, firm or corporation engaged in such business; or to an apprentice employed by a person, firm or corporation licensed in accordance with this chapter; or to an agent, employee or assistant of a person, firm or corporation licensed in accordance with this chapter who does not engage in or perform the actual work described in this section.
Chapter 141: Section 2. State examiners; rules; examinations; reports
Section 2. The state examiners of electricians, in this chapter called the examiners, may make necessary rules for the proper performance of their duties.
They shall hold frequent examinations in Boston, and, twice in each year, shall hold examinations in at least five other convenient places within the commonwealth, and they may hold annual or occasional examinations in other places. Public notice shall be given of all examinations.
They shall make a biennial report of their doings in each odd-numbered year.
Chapter 141: Section 2A. Examinations; uniform requirements for towns; credit to veterans; frequency; types; supervision; sanction of examiners
Section 2A. In the conduct of examinations they shall make uniform requirements for all towns, which may be revised from time to time, as circumstances require. They shall grant a credit of five per cent to the examination standing of each applicant who is a veteran, as defined in clause Forty-third of section seven of chapter four. Said examinations shall be sufficiently frequent to give ample opportunity for all applicants to be thoroughly and carefully examined, may be written or in practical work, and may be supervised by one or more of the examiners, but no license shall be granted without the sanction of the examiners.
Chapter 141: Section 2B. Electricians licensed in other states; reciprocal licensure without examination; fees
Section 2B. The examiners may license without examination any person who has been licensed as an electrician in another state under laws which, in the opinion of the examiners, maintain standards substantially the same as those of the commonwealth for electricians. The amount of the fee for licensing without examination under this section for a master and journeyman electrician’s license shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof.
Chapter 141: Section 3. Forms of, and general provisions relating to, examinations, licenses and certificates; records; manual of regulations and licenses
Section 3. The following forms of license shall be issued: certificate A, known as master electrician’s license; certificate B, known as journeyman electrician’s license; certificate C, known as systems contractor’s license; and certificate D, known as systems technician’s license.
(1) Certificate A shall be issued to any person, firm or corporation engaged in or about to engage in the business of installing wires, conduits, apparatus, devices, fixtures or other appliances and systems; provided, however, that such person or a member of such firm or an officer of such corporation has passed an examination before the state examiners of electricians and such person or a member of such firm or officer of such corporation has held a certificate B license for at least twelve months.
(2) Certificate B shall be issued to any person who has passed an examination before the state examiners of electricians. It shall specify the name of such person, who shall thereby be authorized to engage in the occupation of journeyman electrician.
(3) Certificate C shall be issued to any person, firm or corporation engaged in or about to engage in the business of installing fire warning, security or other systems; provided, however, that such person or a member of such firm or an officer of such corporation has passed an examination before the state examiners of electricians and such person or a member of such firm or officer of such corporation has held a certificate D license for at least twelve months.
(4) Certificate D shall be issued to any person who has passed an examination before the state examiners of electricians. It shall specify the name of such person who shall thereby be authorized to engage in the occupation of systems technician.
(5) Both certificate A and certificate C shall specify the name of the person, firm or corporation licensed and the name of the person passing the examination by which such person, firm or corporation shall be authorized to enter upon or engage in business as set forth therein. The holding of certificate A or certificate C shall not entitle the holder individually to engage in or perform the actual work of installing wires, conduits, apparatus, devices, fixtures or other appliances or systems but the holding of certificate A shall entitle the holder to conduct business as a master electrician and the holding of certificate C shall entitle the holder to conduct business as a systems contractor.
(6) Persons desiring an examination shall make written application therefor, accompanied by an examination fee. A person passing an examination for a master electrician’s license, a systems contractor’s license, a journeyman electrician’s license, or a systems technician’s license shall pay a fee before being issued such license.
(7) Each certificate A and certificate C shall expire on July thirty-first every third year, commencing July thirty-first, nineteen hundred and eighty-nine, but may be renewed by the same person, firm or corporation acting by one or more of its members or officers, without further examination, upon payment of a fee, application therefor being made during said month. In case of failure to renew a license as aforesaid on or before July thirty-first of the third year, the person named therein, upon payment of said fee, increased by such additional fees as would have been payable had such license been continuously renewed may receive a deferred renewal thereof which shall expire July thirty-first of ensuing three year period; provided, however, that such renewed license shall not constitute its holder a licensee for any period preceding its issue.
(8) Each certificate B and certificate D shall expire on July thirty-first every third year, commencing July thirty-first, nineteen hundred and eighty-nine, but may be renewed upon payment of a fee upon the same conditions set forth in clause (7).
(9) Holders of certificate A and certificate C shall keep their certificates of registration displayed in a conspicuous place in their principal offices or places of business. The examiners shall furnish holders of certificate B and certificate D with evidence of having been so licensed by the examiners, in card form or otherwise, which shall be carried on the person of the licensee and exhibited on request.
(10) Any certificate expiring while the holder thereof is in the military or naval service of the United States shall be renewed without further examination, upon payment of the prescribed fee, at any time within four months after such person’s discharge from the service.
(11) Examination papers and applications for certificate A, certificate B, certificate C and certificate D, shall be preserved for at least two years, after which time they may, at the discretion of the examiners, be destroyed.
(12) Records of the meetings of the examiners shall be open for inspection at all times, and they shall have printed annually a manual of their regulations, including the names of all licensees.
Chapter 141: Section 4. Transferability, suspension and revocation of certificates
Section 4. No certificates issued under this chapter shall be assignable or transferable. They may, after hearing, be suspended or revoked by the examiners upon failure or refusal of the licensee to comply with the rules and requirements of the examiners, or for other sufficient cause.
Chapter 141: Section 5. Engagement in business or work without compliance with statutes; enforcement
Section 5. Any person, firm or corporation, or employee thereof, and any representative, member or officer of such firm or corporation individually, entering upon or engaging in the business and work hereinbefore defined, without having complied with this chapter, shall for the first offence be punished by a fine of not less than ten nor more than one hundred dollars, and for a subsequent offence by a fine of not less than fifty nor more than five hundred dollars or by imprisonment in the house of correction for six months, or both.
The examiners and the inspectors of wires in each city and town, as defined in section thirty-two of chapter one hundred and sixty-six, shall be charged with the enforcement of this chapter. They shall have all necessary powers to require compliance therewith, including the power to institute and prosecute proceedings in the superior court department of the trial court.
Chapter 141: Section 6. Liability for work of employee
Section 6. No person, firm or corporation holding a "certificate A or certificate C" shall be liable for work done by his or its employees, unless it appears that such work was done with his or its knowledge or consent or by his or its authorization.
Chapter 141: Section 7. Nonapplicability of statutes
Section 7. This chapter shall not apply to: the installation, repairing, and wiring of elevators; the work in connection with the erection, construction, maintenance or repair of lines for transmission of electricity from the source of supply to the service switch on the premises where used by municipal electric plants, by electric companies as defined in section one of chapter one hundred and sixty-four, by gas companies authorized to make or sell electricity, by electric street railway companies, by electric railroad companies or by railroad companies; the work of such plants or companies on premises owned or controlled by them; the work of said municipal electric plants or of said electric or gas companies in installing, maintaining and repairing on the premises of customers, service connections and meters and other apparatus and appliances remaining the property of such plants or companies after installation; public employees engaged in the work of installing, maintaining or repairing public signalling systems; the work in connection with the lighting of public ways, alleys, private ways, or public parks, areas or squares; the work of companies subject to regulation by the department of telecommunications and energy, and incorporated for the transmission of intelligence by electricity in installing, maintaining or repairing wires, apparatus, fixtures, or other appliances used by such companies and necessary for, or incident to, their business, whether or not such wires, conduits, apparatus, fixtures or other appliances are on its own premises; or the work in connection with the installation, construction, maintenance, repair and renovation of telephone equipment, cable television service or computer systems by a person, firm or corporation primarily engaged in the telecommunications or the information systems industry.
Chapter 141: Section 8. Learners or apprentices; theatrical companies; employers without a certificate; liability insurance
Section 8. Electricians regularly employed by persons, firms or corporations other than holders of certificate A, may install such electrical wiring, conduits and appliances or make such repairs as may be required only on the premises and property of such persons, firms or corporations; provided that such electricians hold journeymen’s licenses, and have otherwise complied with this chapter. Any such person, firm or corporation may employ learners or apprentices to work with and under the direct personal supervision of electricians referred to in this paragraph in said installation and repair work, provided that no such journeyman electrician shall have more than one learner or apprentice working with him and under his supervision as aforesaid; but not more than one such learner or apprentice shall be so employed for each journeyman electrician.
Electricians employed by theatrical companies may install temporary wiring and appliances required for the purpose of the engagement of any such company, subject to the supervision of a person licensed under this chapter.
Notwithstanding the provisions of any general or special law to the contrary, no permit for the performance of electrical work pursuant to chapters one hundred and forty-one and one hundred and forty-three shall be issued by any city or town unless the licensee provides proof of liability insurance, including "completed operation" coverage, which has been issued by an insurance company licensed to do business in the commonwealth, or a bond or other type of indemnity against liability providing substantially equivalent coverage. In lieu of said insurance requirement the permit issuing authority shall accept the signature of the owner or his agent on the uniform application for a permit for work to be performed by electricians.
Chapter 141: Section 9. Misstatements
Section 9. Any person applying for a journeyman electrician’s license or a systems technician’s license and making any misstatement as to his experience or other qualifications, or any person, firm or corporation subscribing to, or vouching for, any such misstatement shall be subject to the penalties set forth in section five.
Chapter 141: Section 10. Disposition of fees and fines
Section 10. Fees and fines collected under this chapter shall be paid to the commonwealth.
TITLE XX. PUBLIC SAFETY AND GOOD ORDER
CHAPTER 143. INSPECTION AND REGULATION OF, AND LICENSES FOR, BUILDINGS, ELEVATORS AND CINEMATOGRAPHS
INSPECTION OF BUILDINGS
Chapter 143: Section 3L. Regulations relative to electrical wiring and fixtures; notice of electrical installation
Section 3L. The board of fire prevention regulations shall make and promulgate, and from time to time may alter, amend and repeal, rules and regulations relative to the installation, repair and maintenance of electrical wiring and electrical fixtures used for light, heat and power purposes in buildings and structures subject to the provisions of sections three to sixty, inclusive, and the state building code. Such regulations shall be in accordance with generally accepted standards of engineering practice, and shall be designed to provide reasonable uniform requirements of safety in relation to life, fire and explosion.
Upon the making of such rules and regulations and prior to their promulgation, the board shall hold a public hearing thereon, notice of which shall be given by advertising in at least one newspaper in each of the cities of Boston, Worcester, Springfield, Fall River, Lowell and Lynn, at least ten days before said hearing. If, subsequent to their being deposited with the state secretary, as provided herein, the board on its own initiative contemplates changes in said rules and regulations, or if a petition is filed by any other person for changes therein, like notice and a hearing shall be given and held before the adoption thereof.
Such rules and regulations, and any alterations, amendments or repeals thereof shall be deposited with the state secretary, and the same shall become effective when so deposited.
No person shall install for hire any electrical wiring or fixtures subject to this section without first or within five days after commencing the work giving notice to the inspector of wires appointed pursuant to the provisions of section thirty-two of chapter one hundred and sixty-six. Said notice shall be given by mailing or delivering a permit application form prepared by the board, to said inspector. Any person failing to give such notice shall be punished by a fine not exceeding five hundred dollars. This section shall be enforced by the inspector of wires within his jurisdiction and the state examiners of electricians.
Any person installing for hire electrical wiring or fixtures subject to this section shall notify the inspector of wires in writing upon the completion of the work. The inspector of wires shall, within five days of such notification, give written notice of his approval or disapproval of said work. A notice of disapproval shall contain specifications of the part of the work disapproved, together with a reference to the rule or regulation of the board of fire prevention regulations which has been violated.
Chapter 143: Section 3M. Repealed, 1951, 752
Chapter 143: Section 3O. Gas fitting; appointment and duties of inspector
Section 3O. Each city and town shall provide by ordinance or by-law for the appointment of an inspector of gas piping and gas appliances in buildings who shall be a licensed plumber or licensed gas fitter. Said inspector shall enforce the rules and regulations adopted by the board established under section twelve H of chapter twenty-five.
Said inspector shall also issue permits for the installation of containers of liquefied petroleum gas, and he shall inspect such installation and the regulating equipment used in connection therewith. He shall notify the head of the fire department, as defined in section one of chapter one hundred and forty-eight, of each permit so issued and the location of each container of liquefied petroleum gas installed thereunder.
A town in which the only gas available is undiluted liquefied petroleum gas and in which no licensed plumber or licensed gas fitter is available for appointment as an inspector of gas piping and gas appliances in buildings may appoint a licensed undiluted liquefied petroleum gas installer to inspect gas piping and gas appliances in buildings. The appointing authority of such town shall certify to the board established under section twelve H of chapter twenty-five that the only gas available in such town is undiluted liquefied petroleum gas and that a licensed plumber or licensed gas fitter is not available therein.
If a city or town fails to provide for the appointment of a gas inspector as required by this section, said board shall cause gas inspections to be made therein, so long as such failure continues, by a gas inspector of a city or town within the same county who shall be designated by the board from time to time. The cost of such inspections shall be paid by the city or town which failed to provide for the appointment of a gas inspector.
Chapter 143: Section 3P. Appeal to board of electricians’ appeals; judicial review
Section 3P. Whoever is aggrieved by a notice, interpretation, order, requirement or direction of an inspector of wires or other person charged with the enforcement of the rules and regulations of the board of fire prevention regulations, may, within ten days after the service of notice thereof, appeal therefrom, to the board of electricians’ appeals. Said board shall, after such notice as it may direct, hold a public hearing on such appeal at a time and place to be fixed by it, but not later than thirty days after the entry of such appeal, unless such time shall be extended by agreement with the appellant. The appellant may appear in person or by agent or attorney at such hearing. Said board shall hear all pertinent evidence and determine the facts, and shall issue an appropriate decision or order reversing, affirming or modifying in whole or in part said notice, interpretation, order, requirement or direction. Such decision or order of the board shall be made within a reasonable time, and within forty-five days after such hearing, unless such time is extended by like agreement. The board shall forthwith send by registered mail a copy of its decision or order to the interested parties.
Any person aggrieved by a decision or order of the board of electricians’ appeals, whether or not a party to the proceeding, or any municipal board or officer, may within thirty days after receipt of notice of such decision or order appeal to the superior court sitting in equity for the county in which the building or installation concerned is situated. Said court shall hear all pertinent evidence and determine the facts and may annul such decision if it is found to exceed the authority of said board, or may make such other decree as justice and equity may require. The foregoing remedy shall be exclusive, but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the board unless it appears to the court that said board acted with gross negligence or in bad faith or with malice in making the decision or order appealed from. Costs shall not be allowed against a party appealing from the decision or order of said board unless it appears to the court that said appellant acted in bad faith or with malice in making the appeal to the court.
Compliance with any notice, interpretation, order, requirement or direction of an inspector of wires or other person charged with the enforcement of the rules and regulations of the board of fire prevention regulations shall be excused pending the final determination of any appeal therefrom taken under this section.