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 3.03 - Business and Apprentice Licenses, Renewal, and Inspector Requirements

Current through Register 1525, July 5, 2024
(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.