248 CMR, § 3.03 - Business and Apprentice Licenses, Renewal, and Inspector Requirements

(1) Business Licensure.

(a) Licenses Required. All corporations, LLC's, partnerships, or other such entities that have plumbing or gas fitting employees are required to maintain a business license. Such business entities shall be properly constituted and chartered business organization recognized by the Secretary of the Commonwealth, such as a general partnership, limited partnership (LP), limited liability partnership (LLP), limited liability company (LLC), corporation or professional corporation (PC). Individuals practicing under their own name or a DBA do not require a business license. A business license shall be a certificate for purposes of M.G.L. c. 142, § 3B.

(b) Exceptions. Businesses employing licensed plumbers or gas fitters do not need to have a business license if they meet one of the following criteria:

1. A non-plumbing/gas fitting business does not need a business license if it employs one or more licensed plumbers or gas fitters and the only work performed by licensees is for the premises owned/leased and operated by that non-plumbing/gas fitting business. Apprentices may only be employed by such business when under the supervision of a master licensee.

2. Businesses solely engaged in work regarding undiluted liquefied petroleum gas installation do not require a business license so long as all individuals doing the work hold the proper license.

(c) Applications. Applicants for Plumbing or Gas Fitting Business licenses shall meet the following criteria for licensure:

1. submission of an application completely and properly filled out in the manner prescribed by the Board, attested to under the pains and penalties of perjury by a master plumber or master gas fitter, as the case may be, who is a principal of the entity, and accompanied by such other information that the Board may require.

2. all principals of the entity shall be of good moral character as determined by the Board; and

3. applicants for licensure must pay the nonrefundable fee as established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B, and 801 CMR 4.00: Rates .

4. Corporations.

a. Applications for Plumbing or Gas Fitting Corporations must include a signed and stamped copy of the Articles of Organization. Out of State Corporations must provide a signed and stamped copy of the filed Foreign Corporation Certificate or such other document as required by the Massachusetts Secretary of the Commonwealth.

b. The installation of plumbing work for a plumbing corporation, or the installation of gas fitting work for a gas fitting corporation, must be specifically stated and documented as one of the disciplines of the corporation on the Articles of Organization that is submitted.

c. The applicant for a plumbing corporation must be a master plumber who is a listed officer of the corporation; the applicant for a gas fitting corporation must be a master gas fitter who is a listed officer of the corporation.

5. Limited Liability Companies (LLC's).

a. Applications for Plumbing or Gas Fitting LLC's must include a signed and stamped copy of the Certificate of Organization. Out of State Corporations must provide a signed and stamped copy of the filed Foreign LLC Certificate or such other document as required by the Massachusetts Secretary of the Commonwealth.

b. The installation of plumbing work for a plumbing LLC or gas fitting work for a gas fitting LLC must be specifically stated and documented as one of the disciplines of the LLC on the Certificate of Organization that is submitted.

c. The applicant for a plumbing LLC must be a master plumber who is a listed manager of the LLC; the applicant for a gas fitting LLC must be a master gas fitter who is a listed manager of the LLC. For purposes of 248 CMR 3.03(1)(c)5.c., if an LLC is member managed, a listed member of the LLC may be considered a manager.

6. General Partnerships, Limited Partnerships, and Limited Liability Partnerships (LLP's).

a. All partners in a general partnership, limited partnership, or LLP shall possess current Master Plumber or Master Gas Fitter licenses.

b. In the case of a general partnership, applicants must include with their application a notarized written agreement signed by all partners creating the general partnership.

c. In the case of a Limited Partnership or LLP, Applicants must include a signed and stamped copy of the partnership certificate filed with the Massachusetts Secretary of the Commonwealth.

(d) Responsibilities and Duties of the Licensee of Record for Business Licenses.

1. All business licenses are issued to the applicant for licensure who is a master plumber or master gas fitter. Business licenses are not transferable.

2. Once licensed, the master plumber or master gas fitter who is considered the licensee on record for the business is required to ensure that:

a. all plumbing and gas fitting work performed by the business is accomplished by individuals with valid, current licenses; and

b. all licensees comply with the requirements of 248 CMR 3.00 through 11.00.

(e) Changes in the Licensee of Record for Businesses Licensed by the Board.

1. Routine Changes and Expiration of the Licensee of Record's License.

a. To withdraw as licensee of record from a business, a licensee must immediately notify the Board in writing and return all business licenses.

b. So long as all other individuals performing plumbing or gas fitting for the business are validly licensed, the business may continue operating so long as a new application for a business license is filed by a licensed master plumber or gas fitter, as the case may be, within 15 days of the withdrawal of the licensee of record. The business may not continue to operate after 60 days or if the Board denies this application, whichever comes first.

c. In the event the qualifying officer's master license expires, the business may treat the expiration date as the equivalent of the date of withdrawal of the licensee of record from the business, however, any work performed by the master licensee with an expired license may lead to such disciplinary action as allowed by law.

2. Discipline against the Licensee of Record.

a. Any discipline against a licensee of record shall be considered discipline against the business, discipline against the business shall likewise apply against the licensee of record.

b. Should the license of the licensee of record be suspended or revoked, the business may not operate in the plumbing or gas fitting industry until such time as the suspension or revocation is lifted or a new license is granted by the Board by application of a new licensee of record.

3. Death of the Licensee of Record.

a. In the event its licensee of record dies, a business must notify the Board in writing of said death within 15 days.

b. So long as all other individuals performing plumbing or gas fitting of the business are validly licensed, the business may continue operating for 60 days. For good cause shown, the Board may extend this period.

(2) Apprentices.

(a) General Provisions.

1. No person shall work as an Apprentice unless he or she has been issued a license by the Board. Applicants for the Apprentice license must:

a. in conjunction with his or her employing master, complete an Apprentice registration form; and

b. submit the required fee and registration form to the Board.

2. The Apprentice license shall be exhibited whenever required by an Inspector.

3. The Apprentice and the employing Master Plumber or Master Gas Fitter shall be jointly responsible for completing the Apprentice registration form.

4. No Apprentice shall solicit by sign, listing or any other form of advertisement, work regulated or controlled by 248 CMR or M.G.L. c. 142.

5. Individuals learning the practice of undiluted liquefied petroleum gas installation pursuant to 248 CMR 11.00: Education and Experience Standards and Requirements for Licensure under the direct supervision of a properly licensed individual do not require an apprentice license.

6. Apprentices must retain all W-2 records demonstrating their employment throughout their apprenticeship as well as for a period of at least seven years after obtaining a journeyman license. Apprentices may not act as independent contractors and will not be credited for time performed as such. Master licensees retaining apprentices as independent contractors may be subject to disciplinary action for aiding and abetting unlicensed practice. For purposes of 248 CMR 3.03(2)(a)6., payments to an apprentice for plumbing/gas work, which is documented on an IRS form 1099, shall be considered sufficient evidence for the Board to find that an apprentice is acting as an independent contractor.

7. With proper documentation, including a written contract, a licensed apprentice shall be deemed employed when serving as an unpaid intern and accruing work experience hours so long as all work was performed under the supervision of a master licensee.

(b) Master's Duties Regarding Apprentice Licensure.

1. Before a prospective Apprentice begins employment as an Apprentice gas fitter or Apprentice plumber with a Master Plumber or Master Gas Fitter, the employing Master Plumber or Master Gas Fitter shall be responsible for insuring that the apprentice has complied with all licensing requirements.

2. The Apprentice license application form shall be signed by the Apprentice and the employing Master Plumber or Master Gas Fitter.

3. The Master Plumber or Master Gas Fitter shall not charge a fee to the Apprentice in relation to the master's completion of the Apprentice license application form.

4. The master and/or licensed business entity must retain payroll records and other employment documentation for all apprentices so employed. These records must be made available to the Board upon request and must be retained by the master for at least seven years after the apprentice ceases employment with the master or such later date as allowed by law.

5. In the event an apprentice leaves the employment of a master prior to completing their apprenticeship, the master must provide the apprentice a signed statement of experience.

6. In the event the master separates from a business entity, thus ending a supervisory relationship with an apprentice, the master will be deemed to have satisfied the requirements of 248 CMR 3.03(2)(b)6. if he or she provides the apprentice with a signed statement of experience when leaving the business entity. However, the Board may seek employment records from the business entity as it deems necessary.

7. For purposes of businesses that do not need a license pursuant to 248 CMR 3.03(1)(b)1., apprentices may be employed and accrue valid experience time so long as said work is supervised by a master licensee who can verify said experience. Master licensees working for such businesses may sign work experience forms for apprentices on behalf of their employing business, however, they must still be able to verify with employment records any hours credited to said apprentices.

(3) Inspectors.

(a) No plumber or gas fitter may act as or claim to be a Local Inspector of plumbing or gas fitting, unless appointed by a city or town inspector of buildings, board of health, or mayor as described in M.G.L. c. 142, §§ 11 and 11A.

(b) Inspector Notification to the Board and Continuing Education.

1. To ensure compliance with Board enforced statutory mandates, a plumber or gas fitter appointed to be a Local Inspector of plumbing or gas fitting must notify the Board in writing, via completing a Board approved form, within 15 days of appointment. Said form must include:

a. The name and license number of the journeyman or master plumber or gas fitter appointed as a Local Inspector;

b. The mailing address where the Local Inspector will receive official correspondence related to local inspections; and

c. A letter on city or town letterhead certifying the appointment of the Local Inspector. In the event that two or more towns have formed an inspection district pursuant to M.G.L. c. 142, § 10, the Local Inspector must either produce a letter from each town in which he or she would be inspecting or a letter from one town appointing the Local Inspector which states that the town is part of an inspection district and specifies which other towns are a part of said district.

2. Any Local Inspector who will cease duties as a Local Inspector must notify the Board in writing within 15 days of their final day as an Inspector.

(c) Inspector Continuing Education Requirements.

1. Pursuant to M.G.L. c. 142, § 11B, Inspectors must complete 12 hours of Board approved continuing education each year. This continuing education is separate from continuing education approved by the Board for non-Inspector plumbers and gas fitters as described in 248 CMR 11.00: Education and Experience Standards and Requirements for Licensure . Exemptions in 248 CMR 11.00 do not apply for Inspector continuing education.

2. Inspector continuing education must be approved by the Board and must be completed during the Inspector's personal license renewal cycle. The completion of said continuing education is a condition of being an Inspector and shall also be considered a condition for the renewal of the Inspector's personal license.

3. Upon appointment, the amount of continuing education that an Inspector must complete may be pro-rated by the Board based upon the time of appointment so long as the Inspector has completed the equivalent amount of continuing education specified in 248 CMR 11.00: Education and Experience Standards and Requirements for Licensure for the period of time prior to the Inspector's appointment.

(d) The plumbing or gas-fitting license of any Inspector may be subject to disciplinary action for any violations of 248 CMR 3.03. Should the Board suspend or revoke the license of an Inspector, or should the Inspector let his or her plumbing or gas fitting license lapse, that individual may not inspect again, unless he or she obtains a valid license issued by the Board.

(4) Any person licensed by the Board may carry on the work within the scope of their license.

(5)248 CMR 3.00, in conjunction with M.G.L. c. 142, shall be deemed to occupy the whole field of the licensing of plumbers, gas fitters, and undiluted liquefied petroleum gas installers in Massachusetts.

(6) Procedures for Renewal of Licenses.

(a) Licensees must renew their licenses every two years.

(b) Individuals must submit to the Board, or its agent, a completed written or electronic renewal application and the required fees prior to the expiration date of the license.

(c) Individuals must fulfill and document, as specified by the Board, the satisfactory completion of any continuing education requirements.

(d) Each licensee shall disclose in writing to the Board any finding made against him or her made by a court, other state or federal agency or, where applicable, by a licensing board of another jurisdiction within 15 days of said finding. 248 CMR 3.03(6)(d) shall not require disclosure of civil traffic offenses or dismissals of actions brought by the licensee. The provision of such disclosures shall be considered a condition of license renewal.

(e) It shall be the responsibility of all Licensees to notify the Board of any changes of address within 15 days of relocation as well as changes to any email addresses previously provided to the Board. Licensees who fail to so notify the Board may be subject to disciplinary action and are responsible for any failure to receive official Board correspondence including renewal applications.

Notes

248 CMR, § 3.03

Amended by Mass Register Issue 1331, eff. 1/27/2017. Amended by Mass Register Issue 1442, eff. 4/30/2021.