CHAPTER 393b*
MECHANICAL CONTRACTOR ORGANIZATIONS

      Sec. 20-341s. Definitions. As used in sections 20-341s to 20-341bb, inclusive:

      (1) "Commissioner" means the Commissioner of Consumer Protection;

      (2) "Mechanical contractor" means any corporation, association, firm, partnership or other business organization regularly offering to the public the services of its employees in plumbing and piping work or in heating, piping and cooling work, but does not include (A) any corporation, association, firm, partnership or other business organization which performs such work exclusively on single family or multifamily private residences or dwellings consisting of not more than four units or which employs less than ten persons licensed to perform plumbing and piping work or heating, piping and cooling work in accordance with the provisions of chapter 393, (B) any corporation, association, firm, partnership or other business organization which is engaged in the installation, repair, alteration, or replacement of sewer lines, storm drainage lines or water lines and services, or (C) an individual licensed pursuant to chapter 393;

      (3) "Plumbing and piping work" has the same meaning as set forth in subdivision (3) of section 20-330;

      (4) "Heating, piping and cooling work" has the same meaning as set forth in subdivision (5) of section 20-330; and

      (5) "Apprentice" has the same meaning as set forth in subdivision (6) of section 20-330.

      (P.A. 87-579, S. 1, 11; P.A. 98-3, S. 36; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 87-579 effective July 1, 1988; P.A. 98-3 made technical changes; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-341t. Certificate of registration required. No mechanical contractor shall engage in any plumbing and piping work or any heating, piping and cooling work, or offer to perform such work, in this state without first obtaining a certificate of registration from the commissioner as provided in sections 20-341s to 20-341bb, inclusive.

      (P.A. 87-579, S. 2, 11.)

      History: P.A. 87-579 effective July 1, 1988.

      Sec. 20-341u. Application for certificate of registration. Fee. (a) Any mechanical contractor seeking a certificate of registration shall apply to the commissioner in writing, on a form provided by the commissioner. Such application shall include the applicant's name, business address and such other information as the commissioner may require by regulation adopted in accordance with chapter 54.

      (b) Each application for a certificate of registration under this section shall be accompanied by a fee of one hundred ten dollars.

      (c) All applicants for a certificate of registration under this section shall submit satisfactory proof establishing that the applicant:

      (1) Has fulfilled all of its obligations to the state and is current on all tax payments to the state; and

      (2) Employs only persons licensed or registered pursuant to chapter 393 and agrees that all work shall be performed in accordance with said chapter.

      (P.A. 87-579, S. 3, 11; P.A. 89-251, S. 134, 203; P.A. 98-3, S. 37.)

      History: P.A. 87-579 effective July 1, 1988; P.A. 89-251 amended Subsec. (b) to increase the fee from $100 to $110; P.A. 98-3 made technical changes.

      Sec. 20-341v. Powers of commissioner. Issuance of certificate of registration. Suspension, revocation, refusal to renew. Upon receipt of a completed application and fee, the commissioner shall: (1) Issue and deliver to the applicant a certificate of registration as a mechanical contractor; or (2) refuse to issue the certificate. The commissioner may suspend, revoke or refuse to renew any certificate issued under sections 20-341s to 20-341bb, inclusive. The commissioner shall not revoke or suspend any certificate of registration except upon notice and hearing in accordance with the provisions of chapter 54.

      (P.A. 87-579, S. 4, 11.)

      History: P.A. 87-579 effective July 1, 1988.

      Sec. 20-341w. Refusal to issue or renew a certificate of registration. Notice and hearing. (a) Upon refusal to issue or renew a certificate under section 20-341v, the commissioner shall notify the applicant, by certified mail, of the refusal and of the applicant's right to request a hearing within ten days from the date of receipt of the notice of refusal.

      (b) If the applicant requests a hearing within such ten-day period, the commissioner shall give notice of the grounds for such refusal and shall conduct a hearing concerning such refusal in accordance with the provisions of chapter 54 concerning contested cases.

      (P.A. 87-579, S. 5, 11; P.A. 98-3, S. 38.)

      History: P.A. 87-579 effective July 1, 1988; P.A. 98-3 made technical changes.

      Sec. 20-341x. Investigations. Subpoenas. Court orders and injunctions. (a) The commissioner may conduct investigations and hold hearings on any matter under the provisions of sections 20-341s to 20-341bb, inclusive. The commissioner may issue subpoenas, administer oaths, compel testimony and order the production of books, records and documents. If any person refuses to appear, to testify or to produce any book, record, paper or document when so ordered, upon application of the commissioner, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.

      (b) The Attorney General, at the request of the commissioner, is authorized to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining any contractor from violating any provision of sections 20-341s to 20-341bb, inclusive.

      (P.A. 87-579, S. 6, 11; P.A. 98-3, S. 39.)

      History: P.A. 87-579 effective July 1, 1988; P.A. 98-3 made a technical change in Subsec. (a).

      Sec. 20-341y. Display of certificate of registration. Prohibited acts. Unfair trade practice. Duration of certificate. Renewal fees. (a) Each mechanical contractor shall exhibit on all job sites the original or a copy of its certificate of registration.

      (b) No mechanical contractor shall: (1) Present or attempt to present, as its own, the certificate of another, (2) knowingly give false evidence of a material nature to the commissioner for the purpose of procuring a certificate, (3) use or attempt to use a certificate which has expired or which has been suspended or revoked, (4) offer to perform or perform any heating, piping and cooling work or any plumbing and piping work without having first obtained a certificate of registration under sections 20-341s to 20-341bb, inclusive, or (5) represent in any manner that its registration constitutes an endorsement of the quality of its workmanship or of its competency by the commissioner. A violation of any of the provisions of sections 20-341s to 20-341bb, inclusive, shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

      (c) Certificates issued to mechanical contractors shall be valid for one year and shall not be transferable or assignable.

      (d) The fee for renewal of a certificate shall be one hundred ten dollars.

      (P.A. 87-579, S. 7, 11; P.A. 89-251, S. 135, 203; P.A. 94-36, S. 20, 42; June Sp. Sess. P.A. 09-3, S. 248.)

      History: P.A. 87-579 effective July 1, 1988; P.A. 89-251 amended Subsec. (a) to increase the renewal fee from $50 to $55; P.A. 94-36 deleted Subsec. (e) which had allowed the collection of a certificate renewal late fee, effective January 1, 1995; June Sp. Sess. P.A. 09-3 amended Subsec. (d) to increase renewal fee from $55 to $110.

      See Sec. 21a-4(c) re fines for late certificate renewals.

      Cited. 231 C. 707.

      Sec. 20-341z. Exemptions. Sections 20-341s to 20-341bb, inclusive, shall not apply to any of the following persons or organizations: (1) The government of the state, municipalities of the state or any department or agency of the state or such municipalities; (2) the government of the United States or any of its departments or agencies; (3) any school, public or private, offering as part of a vocational education program courses and training in any aspect of plumbing and piping work or heating, piping and cooling work; (4) any public service company regulated by the Department of Public Utility Control or any corporate affiliate of any such company where the work performed by such affiliate is on behalf of a public service company, in either case only if the work performed is in connection with the rendition of public utility service.

      (P.A. 87-579, S. 8, 11; P.A. 98-3, S. 40.)

      History: P.A. 87-579 effective July 1, 1988; P.A. 98-3 made a technical change.

      Sec. 20-341aa. Regulations. The commissioner may adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of sections 20-341s to 20-341bb, inclusive.

      (P.A. 87-579, S. 9, 11.)

      History: P.A. 87-579 effective July 1, 1988.

      Sec. 20-341bb. Appeals. Any mechanical contractor aggrieved by an order or decision of the commissioner under sections 20-341s to 20-341aa, inclusive, may appeal therefrom in accordance with the provisions of section 4-183.

      (P.A. 87-579, S. 10, 11.)

      History: P.A. 87-579 effective July 1, 1988.

      Secs. 20-341cc to 20-341ff. Reserved for future use.