N.H. Admin. Code § Saf-Mec 604.01

Current through Register No. 45, November 7, 2024

Section Saf-Mec 604.01 - Misconduct

Misconduct shall be:

(a) The participation in, or practice of, fraud or deceit in procuring or attempting to procure a license or certificate for one's self or for the benefit of another;

(b) While licensed or certified, any conviction of:

(1) A felony;

(2) Any criminal offense involving injury to a victim or the risk of such injury; or

(3) Any criminal offense involving dishonesty;

(c) Unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of fuel gas fitting, plumbing, oil heating or water treatment, including:

(1) Any violation of the adopted rules of the board;

(2) Any violation of RSA 153:27 through 153:38;

(3) Any violation of the current adopted state building code and/or the state fire safety code;

(4) Any violation of a local code ordinance more stringent than the state fire safety or building code;

(5) The allowance by a mechanical licensee or a mechanical business entity of the performance of plumbing or fuel gas fitting work by an individual who is not a licensed fuel gas fitter, plumber, or an apprentice or trainee holding a currently valid registration license; or

(6) The allowance by a mechanical licensee of the performance of plumbing work by an apprentice in violation of the apprenticeship agreement required by RSA 278, or fuel gas fitting work by a trainee in violation of RSA 153:27 through RSA 153:38, Saf-Mec 300, or Saf-Mec 400;

(d) Negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee or certificate holder;

(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice plumbing or fuel gas fitting;

(f) Mental or physical incompetence to practice plumbing or fuel gas fitting;

(g) Willful or repeated violations of RSA 153:27 through RSA 153:38;

(h) Suspension or revocation without reinstatement of a license or certification similar to one issued under RSA 153:27 through 153:38 in another jurisdiction; or

(i) The failure of a mechanical licensee, plumbing apprentice, fuel gas trainee, certified oil heating technician, or certified water treatment technician to recognize, repair, or remove from service any appliance or system that presents an imminent threat to the health or life safety of a property owner, resident, tenant, or visitor to the property, facility, or building which the licensee discovers in the performance of their duties.

N.H. Admin. Code § Saf-Mec 604.01

Derived From Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #10848, Effective 7/1/2015, Expires 7/1/2025.