Code of Massachusetts Regulations › 248 CMR - BOARD OF STATE EXAMINERS OF PLUMBERS AND GAS FITTERS › Title 248 CMR 3.00 - General provisions governing the conduct of plumbing and gas fitting work performed in the Commonwealth › Section 3.04 - Product, Design, and Testing Standards

Current through Register 1525, July 5, 2024
(1)
Board Required Product-acceptance
. Only products and
			 materials that have been listed by the Board as Product-accepted shall be used
			 for plumbing and gas fitting work performed in the Commonwealth and governed by
			 M.G.L. c. 142 and 248 CMR. The Board accepts products to ensure compliance with
			 M.G.L. c. 142 and 248 CMR. The Board additionally requires manufacturers to
			 provide information/testing to ensure their products meet applicable standards
			 and are safe for public use. In making such acceptances, the Board does not
			 relieve manufacturers of their independent obligations to only sell products
			 that are safe for public use.
(a)
Record
. The Board shall maintain a list of
			 Product-accepted materials or products.
(b)
Product-acceptance
.
1. For products not already listed as
			 Product-accepted by the Board, each manufacturer of materials and equipment
			 used in the construction, installation, alteration, repair, or replacement of
			 any plumbing or gas fitting system shall apply to the Board for
			 product-acceptance of each individual item or model number that is to be made
			 available for installation in the Commonwealth.
2. Should the Board grant product-acceptance,
			 the grant shall be valid for such period as designated by the Board. The
			 product will then be listed by the Board as Product-accepted. All permanent
			 Product-approvals granted in the past are null and void.
3. No product that is subject to a product
			 acceptance request shall be installed before the Board has voted to grant the
			 product-acceptance request.
4. An
			 applicant for a product-acceptance request shall:
a. provide a completed product acceptance
			 application in compliance with
			 248 CMR 3.00;
b. a nonrefundable application fee in the
			 amount set by the Commission of Administration and Finance and made payable to
			 the Commonwealth of Massachusetts;
c. at the Board's request, appear at the
			 Board meeting wherein the Product acceptance application is scheduled to be
			 discussed; and
d. fulfill any
			 testing requirements or meet any applicable standards in their entirety
			 required by the Board.
5. All modifications to a previously accepted
			 product(s) or materials, including substantive changes to installation
			 instructions, shall be resubmitted to the Board.
6. At the Board's discretion, in
lieu
of granting an applicant's product acceptance or request,
			 the Board may convert such a request to a request for a Test-site under
			 248 CMR 3.00.
7. In
lieu
of requiring the
			 renewal of a product's acceptance, the Board may periodically require
			 applicants to certify that:
a. the product
			 and its instructions have not been altered since first accepted by the Board;
			 and
b. the product continues to
			 meet the requirements of
			 248 CMR 3.00 through
			 10.00.
(c)
Board
			 Suspension/Rescission of Product Acceptance
.
1. Board acceptance of a product may be
			 withdrawn whenever any of the following conditions exist:
a. Plumbing laws or regulations have changed
			 affecting the legal installation of the product;
b. The product has become the subject of a
			 recall by the manufacturer;
c. The
			 product has been deemed unsafe or defective by the Consumer Product Safety
			 Commission, a court of competent jurisdiction, or other such legal entity
			 operating under a state or federal law;
d. The product has been modified without
			 Board notice and acceptance;
e. The
			 installation of the product requires, but cannot meet, provisions of any
			 nonplumbing laws/regulations;
f.
			 The manufacturer has not responded to Board requests/investigations, including
			 any Board requests to certify the product continues to comply with 248 CMR
			 3.04;
g. Board acceptance of the
			 product was based on incomplete or incorrect information; or
h. The Board has substantial evidence that
			 continued use of the product would pose a threat to the public's health,
			 safety, or welfare.
2.
			 The rescission of a product's acceptance may, if necessary for public safety,
			 occur prior to the manufacturer being provided with an opportunity to respond
			 to the Board with grounds that may challenge the rescission. The provision of
			 this opportunity shall not be interpreted to create any hearing or other due
			 process rights other than those required by law.
(d) The Board may waive the need for a
			 product to be accepted per 248 CMR 3.04(1) when in the best interests of the
			 public's health, safety, or welfare.