Chapter 616. AN ACT PROVIDING FOR THE LICENSING OF FIRE SPRINKLER SYSTEM CONTRACTORS AND SPRINKLER FITTERS. Be it enacted, etc., as follows: SECTION 1. The first paragraph of section 10A of chapter 22 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out the first three sentences and inserting in place thereof the following three sentences:- There shall be in the department of public safety a bureau to be known as the bureau of pipefitters, refrigeration technicians and sprinkler fitters. The bureau shall consist of eleven members, one of whom shall be the commissioner of public safety or his designee; and ten of whom shall be appointed by the governor, one of whom shall be a representative of the public, one of whom shall be a member of Air Conditioning and Refrigeration Contractors of Boston, who has been in business not less than ten years as a refrigeration contractor, one of whom shall be a refrigeration technician with a minimum of ten years experience, one of whom shall be a member of the New England Mechanical Contractors Association, Inc., one of whom shall be a member of the Massachusetts Building and Construction Trades Council, one of whom shall be a pipefitter with a minimum of ten years experience, one of whom shall be a fire protection sprinkler system contractor who has been in business not less than ten years as such contractor, one of whom shall be a sprinkler fitter with a minimum of ten years experience, one of whom shall be a mechanical engineer, and one of whom shall represent a user. Said members shall be designated in groups of two in their initial appointments to serve for one, two, three, and four years, respectively. SECTION 2. Chapter 146 of the General Laws is hereby amended by striking out section 81, as so appearing, and inserting in place thereof the following section: - Section 81. As used in this section and in sections eighty-two to eighty-eight, inclusive, the following words shall have the following meanings: "Apprentice pipefitter", a person who is registered and is learning or working at the business of pipefitting under the direct supervision of a master or journeyman pipefitter. "Apprentice sprinkler fitter", any person other than a fire sprinkler contractor or a sprinkler fitter who is presently engaged in both learning and assisting in the work being performed on any sprinkler system, and who must be employed by a licensed fire sprinkler contractor. "Bureau", the bureau of pipefitters, refrigeration technicians, and sprinkler fitters, established by section ten A of chapter twenty-two. "Fire protection sprinkler system", a fire sprinkler system, for fire protection purposes, the work of the sprinkler fitter and apprentice shall consist of the installation of all fire protection and fire control systems, including both overhead and underground water mains, fire hydrants and hydrant mains, standpipes and hose connections to sprinkler systems, sprinkler tank heaters, air lines and thermal systems, hot water fire protection systems and standpipes connected to sprinkler systems. "Fire protection sprinkler system contractor", a person, firm, or organization that offers to undertake the execution of contracts, the preparation of technical drawings, sale, installation, alteration, modification, inspection, maintenance, removal and repairing of any such system or any part of such system. "Journeyman pipefitter", any person who has completed an apprenticeship training program satisfactory to the bureau and who by himself or with other journeymen pipefitters or apprentice pipefitters performs any work in pipefitting subject to inspection under any law, ordinance, by-law, rule or regulation but does not employ other journeymen or master pipefitters. "Journeyman refrigeration technician", any person who has completed an apprenticeship training program satisfactory to the bureau, and who has successfully passed a refrigeration technician's examination, and who, by himself, or with other journeymen refrigeration technicians, or with refrigeration apprentices does any work in refrigeration subject to the provisions of this chapter. "Master pipefitter", a person having a regular place of business or who, by himself, or with other master pipefitters, journeymen pipefitters, or apprentice pipefitters, in his employ performs pipefitting work. "Master refrigeration technician", a person having a regular place of business, or who by himself or with other master refrigeration technicians, journeymen refrigeration technicians, or refrigeration apprentices in his employ performs refrigeration work. "Pipefitting", the installation, repair, replacement, maintenance, or alteration of any apparatus for piping appliances, devices or accessories for heating systems having a rating greater than three million British Thermal Units including apparatus and piping for the general use of conveyance of steam and associated pumping equipment but excluding sheet metal work, air conditioning and refrigeration systems and boilers, and plumbing as defined under the rules and regulations of the board of state examiners of plumbers promulgated under sections four and thirteen of chapter one hundred and forty-two. "Refrigeration", the installation, repair, replacement, maintenance of any refrigerant containing part of any refrigerant system of a ten ton capacity, or greater. "Refrigeration apprentice", any registered person who is at least eighteen years of age and who is working at the business of refrigeration under the supervision of a master refrigeration technician or journeyman refrigeration technician. "Registered", a person registered according to the provisions of chapter seven hundred and seven of the acts of nineteen hundred and forty-one. "Sprinkler fitter/journeyman sprinkler fitter", any person who has completed an apprenticeship training program satisfactory to this bureau and who, by himself or with other sprinkler fitters, performs any work in sprinkler fitting subject to inspection under any law, ordinance, by-law, rule or regulation, but does not employ other sprinkler fitters. "Ton", for the purpose of this chapter one ton of refrigeration shall be defined in conformance to section I subparagraph 6 of the Board of Boiler Rules, Form BLR 7, dated November twenty-two, nineteen hundred and sixty-three. SECTION 3. Said chapter 146 is hereby further amended by striking out section 82, as so appearing, and inserting in place thereof the following section:- Section 82. The bureau shall promulgate rules and regulations for the examining and licensing of fire sprinkler contractors, pipefitters, refrigeration technicians and sprinkler fitters. SECTION 4. The first paragraph of section 83 of said chapter 146, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The district engineering inspectors of the division shall act as examiners of applicants for fire sprinkler system contractor, pipefitter, refrigeration and sprinkler fitter licenses. SECTION 5. Said section 83 of said chapter 146, as so appearing, is hereby further amended by adding the following paragraph:- For the examination of fire protection sprinkler system contractors and sprinkler fitters, the division shall use the rules and regulations of national codes as may be necessary to effectuate the licensing provisions of this chapter. SECTION 6. Said chapter 146 is hereby further amended by striking out section 84, as so appearing, and inserting in place thereof the following section:- Section 84. No person shall engage in the business of a master pipefitter, or work as a journeyman or apprentice pipefitter or work as a refrigeration technician or work as a fire protection sprinkler system contractor or as a sprinkler fitter unless he is lawfully licensed under the provisions of section eighty-five. SECTION 7. Section 85 of said chapter 146, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "contractor or refrigeration technician" and inserting in place thereof the words:-contractor, fire protection sprinkler system contractor, refrigeration technician or sprinkler fitter. SECTION 8. Said chapter 146 is hereby further amended by inserting after section 85 the following section:- Section 85A. Every apprentice sprinkler fitter shall before starting his apprenticeship file an application, accompanied by the appropriate fee, with the division of inspection of the department of public safety, requesting that he be issued an apprentice license. Said application shall be made on a form to be furnished by said division, and shall require the applicant to state his age, the date on which he is to commence his apprenticeship, the name and address of his employer, and such other information as said division may require. Upon receipt thereof said division shall forthwith mail to him a certificate to that effect. A person may be employed as an apprentice sprinkler fitter by a fire protection sprinkler contractor only. Such apprentices shall work under the direct supervision of a fire protection sprinkler contractor or journeyman sprinkler fitter. A fire protection sprinkler contractor may employ one or more apprentices but not more than one apprentice may be so employed for each journeyman sprinkler fitter. SECTION 9. Any person, firm, or corporation who shall submit satisfactory proof to the bureau of pipefitters, refrigeration technicians, and sprinkler fitters that they have been actively engaged in the fire sprinkler system industry as a fire sprinkler contractor for a period of four years; or a sprinkler fitter who has been actively engaged in the sprinkler system industry for a period of three years prior to the effective date of this act who have applied for a license within one year of the effective date of this act shall not be required to pass any written, oral, or practical examination, but shall be issued a license upon payment of the proper fee; provided, however, that for purposes of this section Completion of an apprentice training program by said contractor or sprinkler fitter shall not be required. Any proof as submitted shall be accompanied by a statement that the information shall be provided under the pains and penalties of perjury. Approved-December 29, 1987.