528 CMR, § 11.04

Current through Register 1538, January 3, 2025
Section 11.04 - Sprinkler System Licensing
(1)Sprinkler Fitter Licensing. No person shall engage in sprinkler fitting or work on a fire protection sprinkler system 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, each applicant 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 three renewals of his or her apprentice license unless otherwise approved by the Bureau upon showing a documented hardship and verification that the applicant is enrolled in a program to enable completion of his/her apprenticeship.
(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 Bureau. 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 Bureau, 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 work experience 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 license number of the employer's Fire Protection Sprinkler System Contractor; and
3. The total number of hours of sprinkler fitter work experience the applicant has received.
(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 represents a fire protection sprinkler system contractor without first obtaining a fire protection sprinkler system contractor's license.
(3) Qualifications for Fire Protection Sprinkler System Contractor's License and Requirements of Fire Protection Sprinkler Systems Contractor
(a) To become a Fire Protection Sprinkler System 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 300 hours of additional Bureau approved education;
4. Must have five years of work experience as a Massachusetts Sprinkler Fitter/Journeyman Sprinkler Fitter and provide written proof from his or her employers detailing the length of time and positions held.
5. Must pass a written examination and must correctly answer 70% or more of the examination questions to qualify for a license.
(c) Every Fire Protection Sprinkler System Contractor 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 Fire Protection Sprinkler System Contractor 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 Division 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 Division shall revoke the license of the fire protection sprinkler system contractor. The fire protection sprinkler system 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 on a form furnished by the Division. 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) Upgrading/downgrading fire protection sprinkler system contractor's licenses
1.Upgrading. 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 Division before the contractor's license will be issued.
2.Downgrading. 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 business, the holder must downgrade to a journeyman's sprinkler license. A former contractor must also seek a downgraded license if they will not be an owner, partner, officer, or in a full time management position of a fire protection sprinkler system business. The following procedures apply to all downgrades:
a. The license of the fire protection sprinkler system contractor cannot be downgraded if it is suspended or revoked;
b. If holding a valid fire protection sprinkler system contractor license, said individual shall file an application with the Bureau, must surrender their contractor license, and will be issued or re-issued a journeyman sprinkler fitter's license, without examination.
c. If the individual's fire protection sprinkler system contractor's license has expired, said individual shall file an application with the Bureau, must agree in writing to surrender their right to renew their fire protection sprinkler system contractor's license (in lieu of renewing said license), and will be issued or re-issued a journeyman sprinkler fitter's license, without examination. Notwithstanding this allowance, if said fire protection sprinkler system contractor's license was expired for more than a year, the applicant must first pass the journeyman examination to obtain further licensure.
3.Future Upgrades. Unless subject to disciplinary action, if an individual who previously downgraded their license maintains their journeyman sprinkler fitter's license and later becomes an owner, partner, officer, or in a full time management position of a fire protection sprinkler system business, they shall be permitted to reinstate their 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 of a Fire Protection Sprinkler System Contractor license shall be issued by the Division 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, Division of Occupational Licensure, as the certificate holder.

528 CMR, § 11.04

Adopted by Mass Register Issue 1275, eff. 12/5/2014.
Amended by Mass Register Issue 1534, eff. 11/8/2024.