CHAPTER Mec 400 CONTINUED
STATUS
REVISION NOTE:
Chapter Saf-Mec 400 titled “Continued
Status” was originally adopted by Document #10848, effective 7-1-15.
Pursuant to 2021, 91:82, effective
7-1-21, which amended RSA 153:27-a, the Mechanical Licensing Board was
transferred from being a unit within the Division of Fire Safety of the
Department of Safety to a unit within the Office of Professional Licensure and
Certification (OPLC). The Board still had its own rulemaking
authority under RSA 153:28, RSA 153:29, and RSA 153:29-a to adopt rules, but
with the approval of the Commissioner of the Department of Safety. Pursuant to 2022, 314:21-23 and 25, effective
7-1-22, the Board still has its own rulemaking authority under RSA 153:28, RSA
153:29, and RSA 153:29-a to adopt rules but with the approval of the Executive
Director of the OPLC. The existing rules
of the Board were numbered with the rule prefix subtitle “Saf-Mec”, but all
rules would eventually be renumbered with the rule
prefix title “Mec” to indicate the transfer of the Board from the Department of
Safety.
Document #13771, effective 12-10-23, readopted with amendment and
renumbered Chapter Saf-Mec 400 as Chapter Mec 400, thereby replacing the prior
rules in Document #10848. The
amendments included the deletion of Saf-Mec 401.05 defining “identification
picture” in Part Saf-Mec 401 titled “Definitions”; the deletion of Saf-Mec
403.03 titled “Effect of Signature” in Part Saf-Mec 403 titled “Renewals of
Individual Mechanical Licenses”; and the insertion of Mec 405.03 titled
“Eligibility for Reinstatement of Lapsed Gas Trainee and Plumbing Apprentice
License”. The deletions and insertions
necessitated the renumbering of some rules in the former Part Saf-Mec 401 and
Part Saf-Mec 403. The former rule
numbers are indicated in the source notes.
PART Mec 401 DEFINITIONS
Mec 401.01 “Continuing education course” means a course
based on laws, rules, codes, and standards as approved by the mechanical
licensing board for the further education of licensed fuel gas fitters and
plumbers in New Hampshire.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 401.01) (see Revision Note at chapter heading for
Mec 400)
Mec 401.02 “Proof of continuing education supporting
materials” means either a certificate of course completion, whether electronic
or hard copy, including wallet cards, or a course roster certified by the
approved seminar provider for the course.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 401.06) (see Revision Note at chapter heading for
Mec 400)
Mec 401.03 “Seminar provider” means an individual who
holds a current and valid NH master plumber’s license or a NH fuel gas fitter’s
license with a service technician’s endorsement, who has been trained and
approved by the mechanical licensing board for the purposes of providing
continuing educational classes on the laws, rules, codes, and standards of this
subdivision for licensure renewal.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 401.04) (see Revision Note at chapter heading for
Mec 400)
Mec 401.04 “State fire safety code” means the part of
Saf-C 6000 as adopted pursuant to RSA 153:5.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 401.03) (see Revision Note at chapter heading for
Mec 400)
Mec 401.05 "State plumbing code" means that
part of the state building code, as defined in RSA 155-A:1, IV, which regulates
plumbing, as modified by the state building code
review board within the limits established by RSA 155-A:10, V.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 401.02) (see Revision Note at chapter heading for
Mec 400)
PART
Mec 402 EXPIRATION OF MECHANICAL
LICENSES
Mec
402.01 Expiration of Individual
Mechanical Licenses.
(a) Pursuant to RSA 153:30, I, individual fuel
gas fitting, domestic appliance technician, hearth system installation and
service technician, master plumber, and journeyman plumber licenses
(“mechanical licenses”) shall expire every 2 years on the last day of the month
the license was issued.
(b) Individuals whose mechanical licenses have
not been renewed before the expiration date shall be considered expired, and
subject to the provisions of RSA 153:37, I and II if they practice any type of
fuel gas fitting or plumbing without a currently valid license.
(c) Should an individual fail to renew a license
prior to expiration, said licensee shall be required to go through the
reinstatement process described in Mec 405.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 402.01) (see Revision Note at chapter heading for
Mec 400)
Mec 402.02 Expiration of Mechanical Business Entity
Licenses.
(a)
All mechanical business entity licenses subject to renewal shall expire
on the last day of the month in the month they were issued, 2 years from the
date they were issued.
(b)
Business entities whose mechanical licenses have not been renewed before
their expiration date shall be considered expired, and subject to the
provisions of RSA 153:37, I and II if they practice
any type of fuel gas fitting or plumbing without a currently valid license.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 402.02) (see Revision Note at chapter heading for
Mec 400)
PART Mec 403 RENEWALS OF
INDIVIDUAL MECHANICAL LICENSES
Mec
403.01 Renewal Application Process
for Individuals Seeking Plumbing and Fuel Gas Fitting Licenses and Trainee or
Apprentice Licenses.
(a)
Each individual seeking a renewal license to practice as a domestic
appliance technician, a fuel gas fitter, a master, or journeyman plumber, or
seeking to renew as a fuel gas trainee or plumbing apprentice, shall do so by
submitting the following:
(1) A completed “Universal Application for License
Renewal” with the information described in Plc 308.05;
(2) A completed “Addendum to the Universal Application
for License Renewal for Mechanical Licensing”, revised 12/2025, affirming
either of the following:
a. If I am applying to renew a plumbing
apprentice or fuel gas fitting trainee, I have provided the proof described in Mec
304.04(c) of continued enrollment in an educational program or
apprenticeship; or
b. If I am a
holder of any other type of mechanical license issued pursuant to RSA 153:27-36, I have provided proof
of the continuing
education required in Mec 403.03 for each licensing endorsement applied for; and
(3) The license fee required by Plc 1002.25 which
is applicable to the type of license sought.
(b) The application for renewal shall be
processed in accordance with Plc 308.09 through Plc 308.12.
(c) An applicant who
wishes to challenge the denial of an application for renewal licensure made
pursuant to Plc 308.11 shall follow the process required in Plc 308.12 and file
a “Petition for Hearing After Initial Denial of Licensure.”
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 403.01) (see Revision Note at chapter heading for
Mec 400); ss by #14446, eff 2-13-26, EXPIRES: 2-13-36
Mec
403.02 Required Supporting Materials. Individual applicants for renewal licensure
shall provide, or arrange for the OPLC to receive, the following documents
supporting their applications:
(a) Proof of continuing education supporting
materials for each continuing education course taken within the licensing
period as described in Mec 404;
(b) For fuel gas trainees’, proof of enrollment in an
approved board sanctioned training program for fuel gas fitting licensure
described in Mec 308; and
(c) For plumbing apprentice, proof of enrollment as described in Mec
304.04(c), in a United States Department of Labor approved
apprenticeship program for plumbing or apprenticeship.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 403.04) (see Revision Note at chapter heading for
Mec 400); ss by #14446, eff 2-13-26, EXPIRES: 2-13-36 (formerly Mec 403.03)
PART
Mec 404 REQUIRED CONTINUING EDUCATION
Mec 404.01 Obligation to Complete Continuing
Education.
(a)
To be eligible for licensure renewal, individual mechanical licensees
shall complete a total of no fewer than 6 hours of continuing education for
each plumbing or fuel gas fitting endorsement, in every 2
year licensing cycle, given by:
(1) A board approved seminar provider described
in Mec 404.02, teaching a continuing education seminar described in Mec 404.03;
or
(2) A comprehensive training session sanctioned
by the board, if the licensee is personally a board approved seminar provider.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 404.01) (see Revision Note at chapter heading for
Mec 400)
Mec 404.02 Licensing Renewal Seminar Providers and
Instructors.
(a)
Providers of continuing education seminars shall:
(1) Have held a New Hampshire master plumbing
license or fuel gas service technician license for at least 3 consecutive
years, or a journeyman plumber’s license or fuel gas fitting license for 5
consecutive years, within their respective licensing disciplines, and who has
remained active and in good standing with their individual licenses; and
(2) Not be members of the board, or an individual
who performs inspections or licensing enforcement on behalf of the board.
(b)
Seminar providers shall have received, during each calendar year in
which they are teaching, no fewer than 3 hours of training:
(1) On the use of the current adopted versions of
the International Code Council (ICC), the National Fire Protection Agency
(NFPA) and approved materials on the New Hampshire plumbing code, the fuel gas
fitting and mechanical codes, licensing statutes and their adopted rules; and
(2) Given by an approved individual representing
the mechanical licensing board to provide such training.
(c)
Seminar providers shall submit the application for approval by the
board, which shall include a resume of the qualifications with respect to the
training and instruction of fuel gas fitters and plumbers, respectively.
(d) An individual representing
the mechanical licensing board, who has participated in the development and
provision of continuing education training for seminar teachers, shall be
credited by the board with having met the continuing education requirements set
forth in Mec 404.
(e) Seminar instructors shall be credited by the
board with having met their continuing education obligation by:
(1) Paying the fee set forth in Plc 1002.25; and
(2) Attending and participating in the annual
training for seminar instructors.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 404.02) (see Revision Note at chapter heading for
Mec 400)
Mec 404.03 Continuing Education Seminars for
Licensing Renewal.
(a)
Continuing education seminars developed and approved by the mechanical
licensing board shall be no fewer than 3 contact hours each, in a classroom
setting, which:
(1) Shall be devoted to the New Hampshire adopted
codes and standards for the plumbing or fuel gas fitting licensing discipline
being taught, the current licensing laws and adopted rules, and time for
answering students' questions;
(2) Shall be based on the current adopted ICC
code materials relative to the New Hampshire state plumbing code, or the
current adopted NFPA and ICC codes relative to fuel gas fitting and appliance
installation in New Hampshire; and
(3) Shall be in accordance with the required training received during the same calendar year by
the provider of the seminar.
(b)
A seminar provider shall provide copies of any board approved and
produced materials, such as handouts, to the seminar students.
(c)
A provider shall require that each student display to the provider their
plumbing license, fuel gas fitting license, and United Stated state government
or federally issued photo identification.
(d)
Promptly after each seminar, the provider of the seminar shall submit to
the board a written statement showing:
(1) The date of the seminar;
(2) The course
identification number;
(3) The seminar
provider identification number; and
(4) A list of the students attending the seminar,
including their respective mechanical license number.
(e)
Each student attending a licensing renewal seminar shall bring a current
code book required for the licensing discipline course in which they are
attending.
(f)
No student shall receive credit for a repeated education seminar,
meaning that each licensee shall complete separate board approved 3 hour training sessions within their individual 2 year licensing cycle for each licensing endorsement
sought.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 404.03) (see Revision Note at chapter heading for
Mec 400)
PART Mec
405 REINSTATEMENTS OF INDIVIDUAL
MECHANICAL LICENSES
Mec 405.01 Reinstatement of Individual Mechanical
Licenses.
(a) To request reinstatement of an expired
license not more than one year after the license expired, the former licensee
shall complete the process for renewing a license specified in Plc 308,
including demonstrating that the applicant has:
(1) Met all
continuing education requirements for their license type; and
(2) Paid the fee
required by Plc 1002.25.
(b) An individual whose license has been expired
more than one year who wishes to obtain a license shall:
(1) Apply for
initial licensure as provided in Plc 304; and
(2) Pay the
fee required by Plc 1002.25.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 405.01) (see Revision Note at chapter heading for
Mec 400); ss by #14446, eff 2-13-26, EXPIRES: 2-13-36
PART Mec 406 RENEWAL OF MECHANICAL LICENSES FOR BUSINESS
ENTITIES
Mec 406.01 Expiration of Mechanical Business Entity Licenses.
(a)
Pursuant to RSA 153:29-a, II, mechanical business entity licenses shall
expire bi-annually on the last day of January.
(b)
Business entities which have not had their licenses renewed by the board
before the expiration date of the license being renewed:
(1) Shall not engage in plumbing or fuel gas
fitting until their licenses have been renewed; and
(2) Shall be subject to the provisions of RSA
153:37, I if they engage in plumbing or fuel gas fitting without a currently
valid license.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 406.01) (see Revision Note at chapter heading for
Mec 400)
Mec 406.02 Eligibility for Renewal of Mechanical
Business Entity Licenses. A business entity shall be eligible for renewal
of its mechanical business entity license unless:
(a)
The license is under suspension by the board, in which case it shall not
be eligible until the suspension has ended;
(b)
The license to engage in fuel gas fitting or plumbing has been revoked
in New Hampshire or in another jurisdiction;
(c)
The business entity has been convicted of a felony;
(d)
The business entity has been the subject of a civil court judgment:
(1) As the result of negligence or repeated
violations of adopted laws, rules, or codes in which significant property
damage, or risk of injury to the occupants took place; or
(2) Based at least in part on liability for
injury to, or death of, a person;
(e)
The business entity has been the subject of 3 or more civil court
judgments specific to the licensing functions, each in the amount of $5,000.00
or more, excluding interest, within the previous licensing period;
(f)
The business entity does not employ at least one corporate officer or
responsible managing employee, as applicable, who currently holds a New
Hampshire fuel gas fitting license, master plumber license, domestic appliance
technician license, or hearth system installer license specific to the
discipline for which licensure is sought.
(g)
The business entity has not:
(1) Complied with the application procedures set
forth in Mec 406.03; and
(2) Paid the renewal fee set forth in Plc 1002.25
for the type of license being renewed.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 406.02) (see Revision Note at chapter heading for
Mec 400)
Mec 406.03 Procedures for Renewal of Mechanical
Business Entity Licenses.
(a)
Business entities seeking renewal of their mechanical business entity
licenses to engage in fuel gas fitting or plumbing shall do so by submitting
the information described in Plc 308.06 on the “Universal Application for
License Renewal.
(b)
In addition to the information required by (b) above the applicant shall
provide the below requested information on, the documentation with, the
“Addendum to the Renewal/Reinstatement Application for Business described in
Plc 308.06”:
1. Identification of the business;
2. Identification of the individual who is a
corporate officer or responsible managing employee, as applicable, who
currently holds a New Hampshire fuel gas fitting license, master plumber
license, domestic appliance technician license, or hearth system installer
license specific to the discipline for which licensure is sought;
3. A list of all licensed
employees of the business entity, including name and license number, who
perform fuel gas fitting or plumbing work;
4. A detailed account of the
circumstances relating to any court judgments against the business entity if
any; and
5. A detailed account of the circumstances
relating to any criminal conviction of the business entity if any;
6. Attach to the application proof of current
liability insurance; and
7. Attach to the application a letter of good
standing from the New Hampshire secretary of state’s office.
(c)
The application shall be dated and signed by at least one corporate
officer or responsible managing employee, and who currently holds a New
Hampshire fuel gas fitting license, master plumber license, domestic appliance
technician license, or hearth system installer license specific to the
discipline for which licensure is sought in accordance with Plc 308.08.
(d)
The application for renewal shall be processed in accordance with Plc
308.09 through Plc 308.12.
(e)
Business entities that wish to be re-licensed to engage in fuel gas
fitting or plumbing but fail to submit a completed, signed, and dated renewal
application form within the timelines set out in (a) above shall apply for
reinstatement of licensure in accordance with Saf-Mec 407.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 406.03) (see Revision Note at chapter heading for
Mec 400)
Mec 406.04 The Effect of the Signature on the
Application Form for the Renewal of Mechanical Business Entity Licenses. The effect of the signature required by Mec
406.03(b)(2) shall be:
(a)
The signer's acknowledgement that, under RSA 641:3, I, knowingly making
a false statement on the application form is a
misdemeanor; and
(b)
The signer's certification that the information provided on the renewal
application form is complete and accurate to the best of the signer's knowledge
and belief.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 406.04) (see Revision Note at chapter heading for
Mec 400)
Mec 406.05 Processing of Applications for Renewal of
Mechanical Business Entity Licenses.
(a)
If, after receiving and reviewing the completed, signed, and
dated renewal application form submitted by a business entity, the board
requires further information or documents to determine the applicant's
qualification for renewal of licensure, the board shall:
(1) So notify the applicant in writing within 30
days; and
(2) Specify the additional information or
documents it requires.
(b)
The board shall deny the renewal application if the applicant does not
submit the additional information or documents requested within 60 days of its
request.
(c)
The board shall approve or deny the renewal application in accordance
with Mec 406 within 60 days of the date that the board’s office has received
the completed, signed, and dated application form and any additional
information or documents it has requested.
(d)
If the board denies the renewal application, the board shall provide the
renewal applicant with written reasons for the denial.
(e)
A renewal applicant wishing to challenge the board's denial shall make a
written request for a hearing of the challenge within 60 days of the notice of
the denial.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 406.05) (see Revision Note at chapter heading for
Mec 400)
PART Mec 407 REINSTATEMENT OF MECHANICAL LICENSES FOR
BUSINESS ENTITIES
Mec 407.01 Types of Reinstatement of Mechanical
Licenses for Business Entities. The
board shall reinstate mechanical licenses for business entities:
(a)
In accordance with the terms of the board's order if the licenses were
suspended for disciplinary reasons; or
(b)
In accordance with Mec 407.02 if the licenses lapsed as
a result of non-renewal.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 407.01) (see Revision Note at chapter heading for
Mec 400)
Mec 407.02 Eligibility for Reinstatement of Lapsed
Mechanical Licenses for Business Entities.
A business entity shall be eligible for reinstatement of its lapsed
mechanical business entity license if:
(a)
The board has not revoked the license;
(b)
The license is not under suspension by the board;
(c)
No other jurisdiction has revoked a license to engage in fuel gas
fitting or plumbing which it had issued to the business entity;
(d)
The business entity has not been convicted of a felony;
(e)
The business entity has not been the subject of a civil court judgment
related to plumbing or fuel gas fitting:
(1) As the result of negligence or repeated
violations of adopted laws, rules or codes in which significant property
damage, or risk of injury to the occupants took place; or
(2) Based at least in part on liability for
injury to, or death of, a person;
(f)
The business entity has not been the subject of 3 or more civil court
judgments directly related to the licensing functions of this subdivision, each
in the amount of $5,000.00 or more, excluding interest;
(g)
The business entity employs at least one corporate officer or
responsible managing employee, as applicable, who currently holds a New
Hampshire fuel gas fitting license, master plumber license, domestic appliance
technician license, or hearth system installer license specific to the
discipline for which licensure is sought; and
(h)
The business entity has complied with the reinstatement application
procedures set forth in Mec 407.03.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 407.02) (see Revision Note at chapter heading for
Mec 400)
Mec 407.03 Application Process for Reinstatement of
Lapsed Mechanical Licenses for Business Entities.
(a)
Each corporation, limited liability company, or partnership seeking
reinstatement of a lapsed mechanical license to practice fuel gas fitting or
plumbing shall do so by submitting the following application packet:
(1) A “Universal Application for License Renewal”
form provided by the board that meets the requirements of (b) below; and
(2) The fee set forth in Plc 1002.25.
(b)
The business entity shall submit the information described in Plc 308.06
on the “Universal Application for License Renewal”.
(c)
In addition to the information required by (b) above the business entity
shall provide the below requested information on, and documentation with, the
“Addendum to the Renewal/Reinstatement Application for Businesses Described in
Plc 308.06”:
(1) Identification of the business;
(2) Identification of the individual who is the
corporate officer or responsible managing employee, as applicable, who
currently holds a New Hampshire fuel gas fitting license, master plumber
license, domestic appliance technician license, or hearth system installer
license specific to the discipline for which licensure is sought;
(3) A list of all licensed
employees of the business entity, including name and license number, who
perform fuel gas fitting or plumbing work;
(4) A detailed account of the
circumstances relating to any court judgments against the business entity if
any; and
(5) A detailed account of the circumstances
relating to any criminal conviction of the business entity if any;
(6) Attach to the application proof of current
liability insurance; and
(7) Attach to the application a letter of good
standing from the New Hampshire secretary of state’s office; and
(d)
The application shall be dated and signed by at least one corporate
officer or responsible managing employee, as
applicable, who currently holds a New Hampshire fuel gas fitting license,
master plumber license, domestic appliance technician license, or hearth system
installer license specific to the discipline for which licensure is sought in
accordance with Plc 308.08.
(e)
The application for reinstatement of a business entity license shall be
processed in accordance with Plc 308.09 through Plc 308.12.
Source. #10848, eff 7-1-15; ss by #13771, eff
12-10-23 (formerly Saf-Mec 407.03) (see Revision Note at chapter heading for
Mec 400)
APPENDIX
|
Rule |
Statute Implemented |
|
|
|
|
Mec 401.01 |
RSA 541-A:7 |
|
Mec 401.02 |
RSA 541-A:7; RSA
155-A:1, IV |
|
Mec 401.03 |
RSA 541-A:7; RSA
153:5 |
|
Mec 401.04 -
401.05 |
RSA 541-A:7 |
|
Mec 402.01(a) |
RSA 153:30, I(a) |
|
Mec 402.01(b) |
RSA 153:30,
I(a); RSA 153:37, I |
|
Mec 402.01(c) -
(d) |
RSA 153:30, I(b) |
|
Mec 402.02(a) |
RSA 153:29-a, II |
|
Mec 402.02(b) |
RSA 153:29-a,
II; RSA 153:37, I |
|
Mec 402.02(c) |
RSA 153:30, I(b) |
|
Mec
403.01 |
RSA
153:28, I(b); RSA 310:8; RSA 310:5, I |
|
Mec 403.01(a) –
(b) |
RSA 153:30, I(a) |
|
Mec 403.01(c) |
RSA 541-A:29, I |
|
Mec 403.01(d) |
RSA
332-G:10 |
|
Mec 403.01(e) |
RSA 541-A:29, II |
|
Mec 403.01(f) –
(i) |
RSA 153:30, I(a) |
|
Mec
403.02 through Mec 403.05 |
RSA
153:28, I(b); RSA 310:8, I, III |
|
Mec 404 |
RSA 153:30, I(d) |
|
Mec 405 |
RSA 310:8, III |
|
Mec 406 |
RSA 153:29-a, II |
|
Mec 407 |
RSA 153:30, I(b) |