528 Mass. Reg. 11.04

Current through Register 1520, April 26, 2024
Section 11.04 - Sprinkler System Licensing
(1)Sprinkler Fitter Licensing. No person shall engage in sprinkler fitting unless he or she is licensed pursuant to M.G.L. c. 146, § 85. Licenses shall be carried on the person at all times the licensee is engaged in sprinkler fitting work and shall be furnished for inspection by the licensee upon request by the Commissioner, the Chief, or a District Engineering Inspector.

Every applicant shall file with the Division, an application on a form provided by the Division, accompanied by the appropriate fee. All completed and approved applications for examination shall be filed with the Division 30 days before the day of examination.

(a)Apprentice Sprinkler Fitter License. Pursuant to M.G.L. c. 146, § 85A, applicants for a sprinkler fitter apprentice license shall, before starting his or her apprenticeship, file an application, accompanied by the appropriate fee, with the Division and shall provide documentation that the applicant is employed by a Massachusetts Sprinkler Contractor. The application shall be made on a form furnished by the division.

Each applicant will be limited to two renewals of his or her apprentice license unless otherwise approved by the Bureau.

(b)Sprinkler Fitters/Journeyman Sprinkler Fitter License. Every applicant for a sprinkler fitters/journeyman sprinkler fitters' license must be a high school graduate or possess a high school equivalency certificate. Furthermore, each applicant:

Shall have worked for not less than 8,000 hours in Massachusetts as an apprentice and have successfully completed not less than 144 hours of study for each year of the term of apprenticeship. The sprinkler training course must be approved by the Department and shall consist of practical, shop-related work; all NFPA standards related to Fire Protection and State Codes; (related instruction classes, correspondence courses, or other specially designed curriculum, any of which must be approved by this Bureau is considered acceptable in satisfying this requirement).

Candidates for examination must pass a written examination and must correctly answer 70% or more of the examination questions to qualify for a license.

For the purpose of computing the requirement for a student or graduate of an apprentice sprinkler fitter's course approved by the Department and accredited by a recognized State or Federal accrediting agency or licensed by the Massachusetts Department of Education, the Director of the school shall verify the transcript of the actual attendance and grades of the applicant on a Verification of Sprinkler Fitter Course Hours form.

Verification of on-the-job training from an employer shall include the following information:

1.Name, address, and telephone number of the employer at which the applicant has worked;
2.The employer's Sprinkler Contractor license number; and
3.The total number of hours of sprinkler fitter work experience the applicant has received.

If any applicant is denied examination by the Division for failure to meet the requirements of 528 CMR 11.04, the applicant may be admitted for examination as a sprinkler fitter by a majority vote of the Bureau:

a.by possessing qualifications other than those specified in 528 CMR 11.00;
b.by possessing a sprinkler fitter's license or certificate from any other state or foreign country without serving the required time as an apprentice as specified in 528 CMR 11.00.
(2)Fire Protection Sprinkler Contractor Licensing. No person shall engage in the preparation of technical drawings, installations, maintenance, service, inspections or testing of a fire protection sprinkler system or use any title, sign, card, or device indicating, or intending to indicate, or represent in any manner that he or she is or represents a licensed fire protection sprinkler system contractor without first obtaining the fire protection sprinkler system contractor's license.

Qualifications for Fire Protection Sprinkler System Contractor's License and Requirements of Fire Protection Sprinkler Systems Contractor

(a) To become a Contractor under 528 CMR, an applicant must have satisfactorily passed an examination prescribed by the Division.
(b) Every applicant shall fulfill the following prerequisites:
1.Must be at least 18 years of age;
2.Must be or have in its full time employ a valid license holder who is a person or an owner, partner, officer, or in a full time management position of a fire protection sprinkler system Contractor;
3.Must have completed not less than 300 hours of study in a sprinkler training course that is approved by the Department and consists of practical, shop-related work.
4.Must have five years of experience in the fire protection sprinkler system business in a responsible position such as managing, preparing technical drawings, or performing installation and provide written proof from his employers detailing his length of time and positions held.
5.Candidates for examination must pass a written examination and must correctly answer 70% or more of the examination questions to qualify for a license.
(c) Fire Protection Sprinkler System Contractor license holders shall prominently display their fire sprinkler system contractor license number on all commercial vehicles, offers, invoices, installation drawings, and on all stationery used in their business. The lettering of the license number required to be displayed on all commercial vehicles used in the fire protection sprinkler system contractor's business shall be visible, legible and prominently displayed on vans, trucks, and doors of stake body trucks.
(d) A license is not transferable.
(e) In no case shall a license holder be employed by more than one fire protection sprinkler system contractor at one time. If the license holder should leave the employment of the fire protection sprinkler system contractor, the contractor and the license holder must notify the Department within 30 days.

If the license holder should leave the employment of the fire protection sprinkler system contractor, the contractor shall have 60 days to submit a new application identifying another license holder. If such new application is not received within the allotted time, the Department shall revoke the license of the fire protection sprinkler system contractor. The contractor shall be permitted to complete only that work which is under contract at the time the license is revoked. No new work may be undertaken.

(f)License Applications. Each application for a license shall be filed with Bureau through the Department of Public Safety on a form furnished by the Department. The fee for the first license of a contractor and for any biennial renewal thereof; or for examination therefore shall be determined annually by the Commissioner of Administration under the provision of M.G.L. c. 7, § 3 for the filing thereof. No examination will be required for a renewal, unless the applicant fails to renew his or her license within one year after the license expiration date.
(g) Every applicant who is to obtain a fire protection sprinkler system contractor's license shall surrender his or her journeyman's sprinkler license to the Department before the contractor's license will be issued.

Upon renewal of the fire protection sprinkler systems contractor's license, if a fire protection sprinkler system contractor ceases to be an owner, partner, officer, or in a full time management position of a fire protection sprinkler system contractor, and the license was not revoked or suspended, upon application, they shall automatically be re-issued a journeyman sprinkler fitter's license, without examination.

Any person who has successfully obtained a fire protection sprinkler systems contractor license and was re-issued a journeyman sprinkler fitter's license pursuant to 528 CMR 11.04(2)(g), and while holding the journeyman sprinkler fitter's license becomes an owner, partner, officer, or works in a full time management position of a fire protection sprinkler system contractor, and can provide sufficient proof to the Department that he or she previously held a fire protection sprinkler system contractor's license, and that license was not revoked or suspended, upon application, they shall be re-issued a fire protection sprinkler system contractor's license without re-examination.

(h) Notwithstanding the provisions of any general or special law to the contrary, no renewal license shall be issued by the Department unless licensee provides proof of liability insurance, including "completed operations" coverage in the amount of $500,000 minimum per occurrence, which has been issued by an insurance company licensed to do business in the Commonwealth, or a bond or other type indemnity against liability providing substantially equivalent coverage. The liability insurance certificate shall list the Commonwealth of Massachusetts, Department of Public Safety as the certificate holder.

528 CMR 11.04

Adopted by Mass Register Issue 1275, eff. 12/5/2014.