Saf-C 4900

CHAPTER Saf-C 4900 VOLUNTARY CERTIFICATION OF OIL HEATING TECHNICIANS

PART Saf-C 4901 SCOPE OF RULES

Saf-C 4901.01 Purpose.

(a) The purpose of these rules is to:

(1) Establish procedures and guidelines for the voluntary certification of oil heating technicians in New Hampshire;

(2) Provide the public with a way of recognizing trained technicians;

(3) Provide employers with a formal structure to train employees and test their knowledge and skill level; and

(4) Provide technicians with the knowledge to perform their tasks safely and efficiently.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10

Saf-C 4901.02 Scope.

(a) These rules shall establish a voluntary certification program for certifying the following:

(1) Individuals engaged in the installation of heating equipment systems or domestic water heating systems or appliances using heating oil; and

(2) Individuals engaged in the servicing and repair of heating equipment or domestic water heating systems or appliances using heating oil.

(b) No person shall hold him or herself as a certified oil heating technician unless the certification was obtained pursuant to these rules.

(d) Any person certified as an oil heating technician pursuant to these rules shall be deemed to be a qualified individual as defined in NFPA 31, Standard for the Installation of Oil Burning Equipment, as adopted in the State Fire Code, Saf-C 6000.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10

PART Saf-C 4902 DEFINITION OF TERMS

Saf-C 4902.01 “Commissioner” means the commissioner of the department of safety or his designee.

Source. #8650, eff 6-2-06

Saf-C 4902.02 “Committee” means the advisory committee on heating system certification pursuant to RSA 153:16-c.

Source. #8650, eff 6-2-06

Saf-C 4902.03 “Department” means the department of safety.

Source. #8650, eff 6-2-06

Saf-C 4902.04 “Domestic water” means hot water used for purposes other than for house heating, such as for laundering, dishwashing, or bathing.

Source. #8650, eff 6-2-06

Saf-C 4902.05 “Heating oil” means any liquid fuel specifically designed to be used in any heating equipment system, domestic hot water heating system or appliance.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10 (from Saf-C 4902.05)

Saf-C 4902.06 “Heating equipment system” means all equipment designed to burn a liquid or gaseous fuel for the purpose of providing heat in a structure, this includes all necessary accessory apparatus such as control devices, venting and piping.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10 (from Saf-C 4902.07)

Saf-C 4902.07 “State fire marshal” means the state fire marshal of the state of New Hampshire or his designee.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 3-3-10 (formerly Saf-C 4902.08)

PART Saf-C 4903 CERTIFICATE

Saf-C 4903.01 Certificate. The commissioner shall establish one voluntary certificate available as described in this part.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10

Saf-C 4903.02 Field Experience. For the purpose of this part, field experience shall mean that an applicant shall provide documentation from his or her past or present employer attesting to hours of experience on the job relevant to the certificate being applied for.

Source. #8650, eff 6-2-06

Saf-C 4903.03 Oil Heating Technician Certificate.

(a) A certificate shall be issued to those qualified individuals, as set forth in this section, who are involved in the installation and service of heating equipment systems, domestic water heating systems, or appliances using heating oil.

(b) An applicant for the oil heating technician certificate with a heating oil endorsement shall provide evidence of:

(1) Four thousand hours of field experience; and

(2) Successful completion of one of the following training programs:

a. National Oil Heat Research Alliance’s Silver Certificate;

b. National Oil Heat Research Alliance’s Gold Certificate; or

c. The core module and oil heating installation technician of the North American Training Excellence’s Oil Heating Installation Technician Training Program.

(c) A person who is in the armed services, as defined in RSA 21:50, II, shall provide proof of direct relevant training and experience acquired in the armed services that demonstrates that the person has completed the requirements set forth in (b)(1) and (b)(2) above.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10

Saf-C 4903.04 - REPEALED

Source. #8650, eff 6-2-06l; rpld by #9766-A, eff 8-3-10

Saf-C 4903.05 - REPEALED

Source. #8650, eff 6-2-06; rpld by #9766-A, eff 8-3-10

Saf-C 4903.06 - REPEALED

Source. #8650, eff 6-2-06; rpld by #9766-A, eff 8-3-10

PART Saf-C 4904 ORIGINAL CERTIFICATION

Saf-C 4904.01 Application for Original Certificate.

(a) An applicant for an original certificate shall submit the following to the state fire marshal’s office:

(1) A completed form DSFM 87;

(2) The applicable fee;

(3) Evidence of 4,000 hours of field experience; and

(4) A copy of a certificate evidencing successful completion of the educational and certification requirements, pursuant to Saf-C 4903.

(b) An incomplete application shall be returned to the applicant with an explanation as to why the application is being returned.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10

Saf-C 4904.02 Form DSFM 87.

(a) An applicant shall supply the following on form DSFM 87:

(1) The applicant’s:

a. Name;

b. Address;

c. Telephone number;

d. E-mail address, if available; and

e. Date of birth;

(2) The employer’s:

a. Name;

b. Address;

c. Telephone number; and

d. E-mail address, if available; and

(3) An indication as to whether the application is an original or renewal.

(b) The applicant shall sign and date the application under the penalty of unsworn falsification, pursuant to RSA 641:3.

Source. #8650, eff 6-2-06; ss by #9766-B, eff 8-3-10

Saf-C 4904.03 Issuance of Original Certificate.

(a) An applicant who meets the educational and certification requirements, pursuant to Saf-C 4903 and who submits a completed application, pursuant to Saf-C 4904.01, shall be issued a pocket card and wall certificate.

(b) The pocket card, DSFM 88, and wall certificate, DSFM 89, shall contain the following:

(1) The individual’s name;

(2) The certificate number;

(3) The type of certificate;

(4) The date of issuance; and

(5) The expiration date of the certificate.

(c) All certificates issued shall expire on the last day of the applicant’s birth month, 2 years from the date of issuance.

Source. #8650, eff 6-2-06; amd by #9766-A, eff 8-3-10

Saf-C 4904.04 Change of Address.

(a) All certificate holders shall notify the department in writing of any change of address.

(b) Written notification shall be sent to the following address:

NH State Fire Marshal’s Office

Division of Fire Safety

33 Hazen Drive

Concord, NH 03305

Source. #8650, eff 6-2-06

Saf-C 4904.05 Display of Certificate.

(a) All certificate holders shall carry the pocket card when acting in the course of his/her trade and shall display the pocket card upon request of an inspector or customer.

(b) All certificate holders who choose to display or advertise the status of their certification to the public shall include their certificate number on such displays or advertisements.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10

Saf-C 4904.06 Request for Inactive Status of Certificate.

(a) The department shall place a certificate holder on inactive status upon written request. All requests shall be sent to the address set forth in Saf-C 4904.04 above.

(b) The certificate holder shall remain on inactive status until such time as reactivation is requested, pursuant to these rules.

Source. #8650, eff 6-2-06

Saf-C 4904.07 Request for Reactivating Status of Certificate.

(a) The department shall return a certified person to active status upon receipt of:

(1) Payment of renewal fee; and

(2) Evidence of completion of current education requirements.

Source. #8650, eff 6-2-06

Saf-C 4904.08 Application for Certification by Non-New Hampshire Certificate Holder.

(a) The department shall issue a certificate to any applicant who presents evidence of being authorized to perform these duties by another state, jurisdiction or country that maintains professional standards to be equivalent or higher than those set forth in these rules.

(b) An applicant shall submit the following:

(1) Completed form DSFM 87;

(2) Applicable fee;

(3) Proof of 4,000 hours of field experience; and

(4) Copy of:

a. Certificate issued by another state, jurisdiction or country; and

b. Other documentation regarding the other state, jurisdiction or country’s professional standards.

(c) For the purposes of (b)(3) above, field experience shall mean that an applicant shall provide documentation from his or her past or present employer attesting to hours of experience on the job relevant to the certificate being applied for.

Source. #8650, eff 6-2-06

PART Saf-C 4905 RENEWAL OF CERTIFICATION

Saf-C 4905.01 Renewal Notice.

(a) The department shall notify the certificate holder by first class mail, at least 30 days prior to the expiration of a certificate the following:

(1) The date that the certificate expires; and

(2) The requirements for the renewal of the certificate, pursuant to these rules.

(b) All renewal notices shall be sent to the certificate holder’s last known address.

Source. #8650, eff 6-2-06

Saf-C 4905.02 Requirements for Renewal of Certification.

(a) For the purposes of this section, “technical instruction” means instruction or training relevant to any certificate issued by this chapter.

(b) A certificate holder shall renew his/her certificate by submitting the following to the state fire marshal’s office:

(1) A completed form DSFM 87;

(2) The applicable fee; and

(3) Evidence of successful completion of a minimum of 8 hours of technical instruction during the previous 24 months.

(1) Comply with Saf-C 4904.02; and

(2) Supply on DSFM 87 the certificate number of the last certificate issued pursuant to these rules.

Source. #8650, eff 6-2-06; amd by #9766-A, eff 8-3-10

Saf-C 4905.03 Issuance of Renewal Certificate. An applicant who meets the re-certification requirements, pursuant to Saf-C 4905.02, shall be issued a new pocket card and wall certificate.

Source. #8650, eff 6-2-06

Saf-C 4905.04 Late Renewals.

(a) Notwithstanding any rule to the contrary, a certificate shall be renewed up to 30 days after the date of its expiration, retroactive to the date of expiration, so long as all other requirements are met in accordance with these rules;

(b) A certificate holder who submits an application for renewal more than 30 days after the certificate expiration date, shall be subject to all requirements governing new applicants under these rules.

Source. #8650, eff 6-2-06

PART Saf-C 4906 CRITERIA FOR ACCEPTING TRAINING PROGRAMS

Saf-C 4906.01 Application for Approval.

(a) An entity that wants to have its training program accepted under these rules shall submit to the commissioner the following:

(1) The training program’s curriculum; and

(2) A copy of the training program’s educational materials.

(b) Upon receipt of a request for approval of its training program, the fire marshal shall schedule a time for the entity to provide a presentation.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10

Saf-C 4906.02 Approval. The commissioner shall approve a training or examination program, upon recommendation by the fire marshal, that meets or exceeds the standard of the Silver or Gold Certificates of the National Oilheat Research Alliance or North American Training Excellence Oil Heating Technician’s Program.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10

PART Saf-C 4907 HEARINGS

Saf-C 4907.01 Procedural Hearings. Unless otherwise provided, all hearings conducted by the department shall be conducted in accordance with the department’s procedures for conducting hearings as set forth in Saf-C 200.

Source. #8650, eff 6-2-06

Saf-C 4907.02 Complaints.

(a) Upon receipt of a complaint or information that alleges a certificate holder has committed misconduct, the commissioner shall review the complaint to determine whether the certificate holder has acted contrary to statutes or administrative rules.

(b) If the commissioner determines that a basis exists for administrative action, the bureau of hearings shall schedule a hearing and issue a notice thereof, in accordance with these rules.

Source. #8650, eff 6-2-06

Saf-C 4907.03 Prehearing Conference. Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider:

(a) Offers of settlement;

(b) Simplification of the issues;

(d) Limitations on the number of witnesses;

(e) Changes to standard procedures desired during the hearing by consent of the parties;

(f) Consolidation of examination of witnesses; or

(g) Any other matters which aid in the disposition of the proceeding.

Source. #8650, eff 6-2-06

Saf-C 4907.04 Suspension of Certificate.

(a) A certificate shall be suspended if a finding has been made that the certificate holder has:

(1) Given materially false information or made any material misrepresentation in order to obtain a certificate;

(2) Committed misconduct evidenced by:

a. Unfitness or incompetence by reason of negligent habits or negligent or willful acts performed in a manner inconsistent with the state and local requirements or applicable codes regulating:

1. Installation of heating equipment systems, domestic water heating systems, or appliances using heating oil; or

2. Servicing and repair of heating equipment, domestic water heating systems, or appliances using heating oils;

b. Unprofessional conduct affecting the practice of the trade;

c. Conduct that negatively affects the health or safety of employees or others; or

d. Willful or repeated violation of the provisions of this chapter, these rules or the state fire code, as adopted in RSA 153:5; or

(3) Not paid any applicable fee under this chapter.

Source. #8650, eff 6-2-06; ss by #9766-A, eff 8-3-10

Saf-C 4907.05 Disciplinary Action.

(a) The commissioner, after a hearing has determined that a certificate holder has committed misconduct, shall impose disciplinary action in any one or more of the following ways:

(1) By reprimand;

(2) By requiring the person to take remedial or corrective actions;

(3) By requiring the person to participate in a program of training in the area or areas in which the certificate holder has been found deficient; or

(4) By suspension of certificate for:

a. A period not to exceed 6 months for a first offense within any 5-year period;

b. A period not to exceed 1 year for a second offense within any 5-year period; and

c. A period not to exceed 5 years for a third offense within any 5-year period.

(b) In determining what disciplinary action to impose, the commissioner shall consider the following factors:

(1) Whether the certificate holder has committed any violations in the prior 24 months;

(2) Whether the aggrieved conduct negatively affected or potentially affected the health or safety of others; and

(3) Whether there are any mitigating circumstances or factors.

Source. #8650, eff 6-2-06

APPENDIX

Rule	Specific State Statute the Rule Implements

Saf-C 4901.01 – 4901.02	RSA 541-A:7
Saf-C 4902.01 – 4902.04	RSA 541-A:1, XV & RSA 541-A:8
Saf-C 4902.05 - 4902.07	RSA 541-A:7
Saf-C 4903.01	RSA 153:16-b, II
Saf-C 4903.02	RSA 153:16-b, I & II
Saf-C 4903.03	RSA 153:16-b, II
Saf-C 4904.01 - 4904.02	RSA 153:16-b, II; RSA 541-A:16, I(b)(1)
Saf-C 4904.03(a)	RSA 153:16-b, I & II
Saf-C 4904.03(b), (c)	RSA 153:16-b, II
Saf-C 4904.04	RSA 153:16, I & II
Saf-C 4904.05	RSA 153:16-b, II
Saf-C 4904.06 – 4904.08	RSA 153:16, I & II
Saf-C 4905.01	RSA 153:16, I & II
Saf-C 4905.02(a), (b)	RSA 153:16-b, II
Saf-C 4905.02(c)	RSA 153:16, I & II
Saf-C 4905.03 – 4905.04	RSA 153:16, I & II
Saf-C 4906.01 - 4906.02	RSA 153:16-b, II
Saf-C 4907.01 - 4907.03	RSA 541-A:16, I(b)(2)
Saf-C 4907.04	RSA 153:16-b, II
Saf-C 4907.05	RSA 541-A:16, I(b)(2)