Senate Bill No. 241
Senate Bill No. 241
PUBLIC ACT NO. 98-3
AN ACT CONCERNING TECHNICAL REVISIONS TO TITLE 20
OF THE GENERAL STATUTES CONCERNING CERTAIN
PROFESSIONAL AND OCCUPATIONAL LICENSING,
CERTIFICATION AND REGISTRATION AND CERTAIN
EXAMINING BOARDS WITHIN THE DEPARTMENT OF CONSUMER
PROTECTION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 20-288 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter, AS AMENDED BY THIS
ACT:
(1) "Board" means the Architectural Licensing
Board appointed under the provisions of section
20-289, AS AMENDED BY THIS ACT;
(2) "Architect" means a person who engages in
the practice of architecture; and
(3) [The "practice of architecture"] "THE
PRACTICE OF ARCHITECTURE" OR "PRACTICE
ARCHITECTURE" means rendering or offering to
render [of] service by consultation,
investigation, evaluations, preliminary studies,
plans, specifications and coordination of
structural factors concerning the aesthetic or
structural design and contract administration of
building construction or any other service in
connection with the designing or contract
administration of building construction located
within the boundaries of this state, regardless of
whether [such persons are] ANY PERSON PERFORMING
SUCH DUTIES IS performing one or all of [these]
SUCH duties or whether [they are] SUCH PERSON IS
performing them in person or as the directing head
of an office or organization performing them.
Sec. 2. Section 20-289 of the general statutes
is repealed and the following is substituted in
lieu thereof:
There shall be an Architectural Licensing
Board in the Department of Consumer Protection.
The board shall consist of five members. The
Governor shall appoint two members of [said] THE
board who shall be public members and three
members of [said] THE board who shall be
architects residing in this state. The Governor
shall have the power to remove any member from
office for misconduct, incapacity or neglect of
duty. Members shall not be compensated for their
services but shall be reimbursed for necessary
expenses incurred in the performance of their
duties. The board shall keep a record of its
proceedings and a roster of all licensed
architects entitled to practice architecture and
of all persons holding certificates of authority
under sections 20-295 and 20-295a of the general
statutes, revised to 1968, and corporations
holding certificates of authorization for the
practice of architecture under section 20-298b, AS
AMENDED BY THIS ACT, in this state. The board
shall adopt regulations, in accordance with [the
provisions of] chapter 54, concerning eligibility
for architectural licensing examinations, appeals
of examination grades, reciprocal licensing and
such other matters as [it] THE BOARD deems
necessary to [effect] CARRY OUT the purposes of
this chapter, AS AMENDED BY THIS ACT. The board
shall, annually, during the month of September,
prepare a roster of all licensed architects and
the last-known mailing address of such architects.
A copy of such roster shall be placed on file with
the Secretary of the State and with the town
building department and library of each town. The
Commissioner of Consumer Protection, with advice
and assistance from the board, shall [make] ADOPT
regulations, IN ACCORDANCE WITH CHAPTER 54, (1)
concerning professional ethics and conduct
appropriate to establish and maintain a high
standard of integrity and dignity in the practice
of the profession, and [shall make rules] (2) for
the conduct of the board's affairs and for the
examination of applicants for a license. The board
shall, after public notice, hold at least one
meeting per quarter, in each calendar year, for
the purpose of considering applications for
licenses and for the transaction of other
business. Any person aggrieved by an order made
under this chapter, AS AMENDED BY THIS ACT, may
appeal [therefrom] FROM SUCH ORDER as provided in
section 4-183. Appeals under this section shall be
privileged in respect to the order of trial and
assignment.
Sec. 3. Section 20-290 of the general statutes
is repealed and the following is substituted in
lieu thereof:
In order to safeguard life, health and
property, no person shall practice architecture in
this state, except as [hereinafter] provided IN
THIS CHAPTER, AS AMENDED BY THIS ACT, or use the
title "architect", or display or use any words,
letters, figures, title, sign, seal, advertisement
or other device to indicate that such person
practices or offers to practice architecture,
unless such person has [secured] OBTAINED a
license as provided in this chapter, AS AMENDED BY
THIS ACT. [provided nothing] NOTHING in this
chapter, AS AMENDED BY THIS ACT, shall prevent any
Connecticut corporation in existence prior to
1933, whose charter authorizes the practice of
architecture, from making plans and specifications
or supervising the construction of any building,
except that no such corporation shall issue plans
or specifications unless such plans or
specifications have been signed and sealed by an
architect licensed under the provisions of this
chapter, AS AMENDED BY THIS ACT.
Sec. 4. Section 20-291 of the general statutes
is repealed and the following is substituted in
lieu thereof:
No person shall receive a license under the
provisions of this chapter, AS AMENDED BY THIS
ACT, until [he] SUCH PERSON has passed an
examination in such technical and professional
subjects as may be prescribed by the board, with
the consent of the Commissioner of Consumer
Protection. Each person who applies to the board
for a license under the provisions of this
chapter, AS AMENDED BY THIS ACT, shall submit an
application, together with evidence of education
and training experience as prescribed by the board
in regulations adopted in accordance with chapter
54. The board may accept in the case of any
architect currently registered or licensed in
another state in lieu of the examination (1) a
certificate of registration issued by the National
Council of Architectural Registration Boards; or
(2) evidence satisfactory to the board that such
architect is registered in a state having
registration requirements substantially equal to
the licensure requirements of this state and that
[he] SUCH ARCHITECT has been practicing in such
other state for a period of at least ten years.
When the applicant has passed such examination to
the satisfaction of a majority of the board and
has paid to the secretary of [said] THE board the
fees prescribed in section 20-292, the Department
of Consumer Protection shall enroll the
applicant's name and address in the roster of
licensed architects and issue [to him] a license
TO THE APPLICANT, which shall entitle [him] THE
APPLICANT to practice as an architect in this
state.
Sec. 5. Section 20-294 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The board may suspend for a definite period,
not to exceed one year, or revoke any license or
certificate of authority ISSUED UNDER THIS
CHAPTER, AS AMENDED BY THIS ACT, after notice and
hearing in accordance with the regulations
[established] ADOPTED by the Commissioner of
Consumer Protection, or may officially censure any
person holding [a] ANY SUCH license or certificate
of authority, (1) if it is shown that the license
or certificate was obtained through fraud or
misrepresentation, [;] (2) if the holder of the
license or certificate has been found guilty by
[said] THE board or by a court of competent
jurisdiction of any fraud or deceit in [his] SUCH
HOLDER'S professional practice or has been
convicted of a felony, [;] (3) if the holder of
the license or certificate has been found guilty
by [said] THE board of gross incompetency or of
negligence in the planning or construction of
buildings, [;] OR (4) if it is shown to the
satisfaction of the board that the holder of the
license or certificate has violated any provision
of this chapter, AS AMENDED BY THIS ACT, or any
regulation adopted [thereunder] UNDER THIS
CHAPTER, AS AMENDED BY THIS ACT. The board may
reissue any SUCH license or certificate which has
been revoked, and [it] may modify the suspension
of any SUCH license or certificate which has been
suspended.
Sec. 6. Section 20-296 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The board may, upon the complaint of any one
or more licensed architects or on its own motion,
request the Department of Consumer Protection to
inquire into the existence of any violations of
the provisions of this chapter, AS AMENDED BY THIS
ACT, or THE regulations [established thereunder]
ADOPTED UNDER THIS CHAPTER, AS AMENDED BY THIS
ACT. If the board determines that a violation of
any SUCH provision [of this chapter] OR REGULATION
exists, [it] THE BOARD may issue an appropriate
order to the person or persons found to be so
violating such provision OR REGULATION, providing
for the immediate discontinuance of [the same]
SUCH VIOLATION.
Sec. 7. Section 20-298 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The following activities are exempted from the
provisions of this chapter, AS AMENDED BY THIS
ACT: [(a)] (1) The practice of engineering by a
professional engineer licensed under the
provisions of chapter 391, AS AMENDED BY THIS ACT,
and the performance by such professional engineer
of architectural work for which he is qualified by
education and experience and which is incidental
to his engineering work; [(b)] (2) the
construction or alteration of a residential
building to provide dwelling space for not more
than two families, or of a private garage or other
accessory building intended for use with such
residential building, or of any farm building or
structure for agricultural use; [(c)] (3) the
preparation of details and shop drawings by
persons other than architects, for use in
execution of the work of such persons, when
buildings are designed in accordance with the
requirements of this chapter, AS AMENDED BY THIS
ACT; [(d)] (4) the activities of employees of
architects licensed in this state acting under the
instructions, control or supervision of their
employers; [(e)] (5) the superintendence by
builders, or properly qualified superintendents
employed by such builders, of the construction or
structural alteration of buildings or structures;
[(f)] (6) the activities of officers and employees
of any public utility corporation whose operations
are under the jurisdiction of the Department of
Public Utility Control; [(g)] (7) the activities
of officers and employees of the government of the
United States while engaged in this state in the
practice of architecture for said government;
[(h)] AND (8) the making of plans and
specifications for or supervising the erection of
any building containing less than five thousand
square feet total area, [;] the making of plans
and specifications for or supervising the erection
of any addition containing less than five thousand
square feet total area to any building, [;] OR the
making of alterations to any existing buildings
containing less than five thousand square feet
total area, [;] provided (A) this [subsection]
SUBDIVISION shall not be construed to exempt from
the [operation of the other] provisions of this
chapter, AS AMENDED BY THIS ACT, alterations in
buildings of more than five thousand square feet
total area, involving the safety or stability of
such buildings, [. Said] AND (B) THE areas
SPECIFIED IN THIS SUBDIVISION are to be calculated
from the exterior dimensions of the outside walls
of the building and shall include all occupiable
floors or levels.
Sec. 8. Section 20-298b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The practice of ARCHITECTURE or the offer
to practice architecture in this state by
individual licensed architects under the corporate
form or by a corporation, a material part of the
business of which includes architecture, [as
defined in this chapter,] is permitted, provided
(1) such personnel of such corporation as act in
its behalf as architects, its chief executive
officer and the holder or holders of not less than
two-thirds of the voting stock thereof are
licensed under the provisions of [said] THIS
chapter, AS AMENDED BY THIS ACT, and [provided]
(2) such corporation has been issued a certificate
of authorization by the board. No such corporation
shall be relieved of responsibility for the
conduct or acts of its agents, employees or
officers by reason of its compliance with the
provisions of this section, nor shall any
individual practicing architecture be relieved of
responsibility for architectural services
performed by reason of his employment or
relationship with such corporation.
(b) A qualifying corporation desiring a
certificate of authorization shall file with the
board an application upon a form prescribed by
[said] THE board. [which] SUCH APPLICATION shall
state (1) the name and address of such
corporation, (2) the city or town and the street
and number where such corporation is to maintain
its principal office in this state, (3) the names
and addresses of all of its stockholders,
directors and officers, [and] (4) a statement as
to whether or not the holder or holders of at
least two-thirds of the voting stock of such
corporation are persons holding a license issued
by [said] THE board, and (5) such other
information as may be required by [said] THE
board. [, and which] THE APPLICATION shall be
accompanied by an application fee of fifty
dollars. If all requirements of this chapter, AS
AMENDED BY THIS ACT, are met, the board shall
issue to such corporation a certificate of
authorization within sixty days of such
application, [;] provided the board may refuse to
issue a certificate if any facts exist which would
entitle the board to suspend or revoke an existing
certificate. After obtaining such certificate of
authorization, any such corporation may practice
architecture subject to the regulations
[established] ADOPTED under this chapter, AS
AMENDED BY THIS ACT. [and provided all] ALL plans,
specifications, sketches, drawings and documents
pertaining to any SUCH services rendered BY THE
CORPORATION shall be signed and bear the seal of a
Connecticut licensed architect in accordance with
the provisions of section 20-293 and the
regulations [established] ADOPTED under this
chapter, AS AMENDED BY THIS ACT. Each [such]
certificate OF AUTHORIZATION ISSUED UNDER THIS
SECTION shall be renewable annually if all
requirements of this chapter, AS AMENDED BY THIS
ACT, are met, [;] provided the board may refuse to
renew a certificate if any facts exist which would
entitle the board to suspend or revoke an existing
certificate. A corporation holding a certificate
of authorization [hereunder] UNDER THIS SECTION
shall report any changes in the ownership of its
shares of stock or in the person holding the chief
executive office to the board within thirty days
after any such change.
(c) Any certificate of authorization issued by
the board [pursuant to the provisions hereof may
be revoked or] UNDER THIS SECTION MAY BE
suspended, for a period not to exceed one year, OR
REVOKED by the board after notice and hearing in
accordance with the regulations [established]
ADOPTED by the Commissioner of Consumer
Protection, if it is shown that: [the] (1) THE
holder of such certificate of authorization does
not conform to the requirements of this section;
[that] (2) the certificate was obtained through
fraud or misrepresentation; or [that] (3) the
chief executive officer, the holder of any of the
stock of the corporation holding such certificate
of authorization or any licensed architect
employed by or acting on behalf of such
corporation has been censured or has had his
certificate of registration suspended or revoked
by the board pursuant to the provisions of section
20-294, AS AMENDED BY THIS ACT.
(d) Each [such] corporation HOLDING A
CERTIFICATE OF AUTHORIZATION UNDER THIS SECTION
shall file with the board a designation of an
individual or individuals licensed to practice
architecture in this state who shall be in charge
of architectural work by such corporation in this
state. Such corporation shall notify the board of
any change in such designation within thirty days
after such change becomes effective.
(e) Nothing in this section shall be construed
to prohibit any corporation in existence prior to
1933, whose charter authorizes the practice of
architecture, from continuing to make plans and
specifications and supervise construction as
authorized by section 20-290, AS AMENDED BY THIS
ACT.
Sec. 9. Section 20-299 of the general statutes
is repealed and the following is substituted in
lieu thereof:
[For the purposes of] AS USED IN this chapter,
AS AMENDED BY THIS ACT, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(1) "Professional engineer" means a person who
is qualified by reason of his knowledge of
mathematics, the physical sciences and the
principles of engineering, acquired by
professional education and practical experience,
to engage in engineering practice, including [the]
rendering or offering to render to clients any
professional service such as consultation,
investigation, evaluation, planning, design or
responsible supervision of construction, in
connection with any public or privately-owned
structures, buildings, machines, equipment,
processes, works or projects [wherein] IN WHICH
the public welfare or the safeguarding of life,
public health or property is concerned or
involved;
(2) "Land surveyor" means a person who engages
in the practice of that branch of engineering
commonly known as land surveying and includes
surveying and measuring the area of any portion of
the earth's surface, the lengths and directions of
the bounding lines and the contour of the surface,
for their correct determination and description
and for conveyancing or for recording, or for the
establishment or reestablishment of land
boundaries and the plotting of land and
subdivisions [thereof] OF LAND, and like
measurements and operations involved in the
surveying of mines;
(3) "Automatic fire sprinkler system layout
technician" means a person, licensed by the
Department of Consumer Protection pursuant to this
chapter, AS AMENDED BY THIS ACT, to design
automatic fire sprinkler system layouts;
(4) "Automatic fire sprinkler system layout"
means preparing and designing shop drawings to be
used for the installation, alteration or
modification of an automatic fire sprinkler
system; [and]
(5) "National Institute for Certification in
Engineering Technologies" means a nationally
recognized organization which determines the
qualifications of automatic fire sprinkler system
layout technicians through a series of
standardized examinations; AND
(6) "BOARD" MEANS THE STATE BOARD OF EXAMINERS
FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
APPOINTED UNDER THE PROVISIONS OF SECTION 20-300,
AS AMENDED BY THIS ACT.
Sec. 10. Section 20-300 of the general
statutes is repealed and the following is
substituted in lieu thereof:
There shall be in the Department of Consumer
Protection a State Board of Examiners for
Professional Engineers and Land Surveyors, which
shall consist of twelve persons appointed by the
Governor, three of whom shall hold licenses as
professional engineers, two of whom shall hold
combined licenses as professional engineers and
land surveyors, four of whom shall be public
members and three of whom shall hold licenses as
land surveyors. The members holding licenses as
professional engineers, the members holding the
combined licenses and the public members shall
administer the provisions of this chapter, AS
AMENDED BY THIS ACT, as to licensure and issuance,
reissuance, suspension or revocation of licenses
concerning the practice of professional
engineering. The members holding licenses as land
surveyors, the members holding the combined
licenses and the public members shall administer
the provisions of this chapter, AS AMENDED BY THIS
ACT, as to licensure and issuance, reissuance,
suspension or revocation of licenses concerning
the practice of land surveying. The Governor may
remove any member of the board for misconduct,
incompetence or neglect of duty. The members of
the board shall receive no compensation for their
services but shall be reimbursed for necessary
expenses incurred in the performance of their
duties. The board shall keep a true and complete
record of all its proceedings. The Commissioner of
Consumer Protection, with advice and assistance
from the board, shall adopt regulations in
accordance with chapter 54 (1) concerning
professional ethics and conduct appropriate to
establish and maintain a high standard of
integrity and dignity in the practice of the
profession, and [shall make rules] (2) for the
conduct of the board's affairs and for the
examination of applicants for A license.
Sec. 11. Section 20-300b of the general
statutes is repealed and the following is
substituted in lieu thereof:
There shall be in the Department of Consumer
Protection a Survey and Map Standards Advisory
Committee, which shall consist of six persons
appointed by the Commissioner of Consumer
Protection, two of whom shall be members of the
[Board of Examiners for Professional Engineers and
Land Surveyors] BOARD who hold licenses as land
surveyors and who primarily engage in the private
practice of land surveying, one of whom shall be a
licensed land surveyor actively engaged in the
private practice of land surveying, two of whom
shall be selected from a list of three licensed
land surveyors submitted by the Connecticut
Association of Land Surveyors, and the director of
the [consumer protection] legal division OF THE
DEPARTMENT OF CONSUMER PROTECTION. The members of
the committee shall serve at the commissioner's
pleasure. The members shall not be compensated for
their services. The committee shall make
recommendations to the commissioner concerning
minimum standards of accuracy, content and
certifications for surveys and maps. In
consultation with the committee, the commissioner
shall adopt regulations, in accordance with
chapter 54, establishing such minimum standards of
accuracy, content and certifications for surveys
and maps.
Sec. 12. Section 20-302 of the general
statutes is repealed and the following is
substituted in lieu thereof:
No person shall practice or offer to practice
the profession of engineering in any of its
branches, including land surveying, or use any
title or description tending to convey the
impression that [he] SUCH PERSON is a professional
engineer or a land surveyor, unless [he] SUCH
PERSON has been licensed or [exempted] IS EXEMPT
under the provisions of this chapter, AS AMENDED
BY THIS ACT. The following shall be considered as
minimum evidence satisfactory to the board that
the applicant is qualified for licensure as a
professional engineer, engineer-in-training, land
surveyor or surveyor-in-training, respectively:
(1) Professional engineer: Graduation from an
approved course in engineering in a school or
college approved by the board as of satisfactory
standing, a specific record of an additional four
years of active practice in engineering work,
which shall be of a character satisfactory to the
board, and the successful passing of a written or
written and oral examination prescribed by the
board, with the consent of the commissioner, the
first part of which shall test the applicant's
knowledge of fundamental engineering subjects,
including mathematics and the physical sciences,
and the second part of which shall test the
applicant's ability to apply the principles of
engineering to the actual practice of engineering.
In lieu of graduation as [herein] specified IN
THIS SUBDIVISION, the board may accept, as an
alternative, six years or more of experience in
engineering work which shall be of a character
satisfactory to the board and which shall indicate
knowledge, skill and education approximating that
attained through graduation from an approved
course in engineering. The board may waive the
written examination requirement in the case of an
applicant who submits a specific record of twenty
years or more of lawful practice in engineering
work which shall be of a character satisfactory to
the board and which shall indicate that the
applicant is competent to be in responsible charge
of such work, and may waive the first part of the
written examination for an applicant who has
completed an approved course in engineering and
has at least eight years of engineering
experience.
(2) Engineer-in-training: The board may
license as an engineer-in-training a person who is
a graduate of an approved course in engineering or
who has had the alternative experience prescribed
in subdivision (1) of this section and who has
successfully passed the first part of the
examination specified [therein] IN SAID
SUBDIVISION. Licensure as an engineer-in-training
shall remain valid for a period of ten years from
date of issuance of an applicant's first license
toward meeting in part the requirements of
subdivision (1) OF THIS SECTION.
(3) Land surveyor: Graduation from a school or
college approved by the board as of satisfactory
standing, including the completion of an approved
course in surveying, a specific record of an
additional three years of active practice in land
surveying, which shall be of a character
satisfactory to the board, and the successful
passing of a written or written and oral
examination, prescribed by the board with the
consent of the commissioner, for the purpose of
testing the applicant's knowledge of the
fundamentals of land surveying and the procedures
pertaining [thereto] TO LAND SURVEYING. In lieu of
graduation as [herein] specified IN THIS
SUBDIVISION, the board may accept, as an
alternative, six years or more of experience in
surveying work which shall be of a character
satisfactory to the board and which shall indicate
knowledge, skill and education approximating that
attained through completion of an approved course
in surveying. The board may waive the written
examination requirement in the case of an
applicant who submits a specific record of sixteen
years or more of lawful practice in surveying
work, at least ten of which shall have been in
land surveying, of a character satisfactory to the
board and which shall indicate that the applicant
is competent to be in responsible charge of such
work.
(4) Surveyor-in-training: The board may
license as a surveyor-in-training a person who is
a graduate of a school or college approved by the
board or who is scheduled to graduate from such an
institution within three months after applying for
licensure, or who has had six years or more of
experience in surveying work [which work is] of a
character satisfactory to the board and which
indicates knowledge, skill and education
approximating that attained through completion of
an approved course in surveying, provided any such
person has successfully passed part 1 of the
national examination relating to fundamentals of
land surveying. Licensure as a
surveyor-in-training shall remain valid for a
period of ten years from the date of issuance of
an applicant's first license toward meeting in
part the requirements of subdivision (3) OF THIS
SECTION.
Sec. 13. Section 20-303 of the general
statutes is repealed and the following is
substituted in lieu thereof:
[A candidate failing on] ANY APPLICANT FOR A
LICENSE UNDER THIS CHAPTER, AS AMENDED BY THIS
ACT, WHO FAILS AN examination GIVEN UNDER SECTION
20-302, AS AMENDED BY THIS ACT, may apply for
reexamination upon notification of failure and
will be reexamined upon payment of an additional
fee AS PROVIDED IN SECTION 20-305, AS AMENDED BY
THIS ACT.
Sec. 14. Section 20-304 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The board shall authorize the Department of
Consumer Protection to issue a license, upon
payment of a fee as provided [for in this chapter]
IN SECTION 20-305, AS AMENDED BY THIS ACT, to any
applicant who, in the opinion of the board, has
satisfactorily met all the requirements of this
chapter, AS AMENDED BY THIS ACT. The issuance of a
license by the department shall be evidence that
the person named [therein] IN SUCH LICENSE is
entitled to all the rights and privileges of a
licensed professional engineer, or of a licensed
land surveyor, while such license remains
[unrevoked or unexpired] VALID. Nothing in this
chapter, AS AMENDED BY THIS ACT, shall be
construed as permitting a person licensed only as
a land surveyor to practice any other branch of
the profession of engineering nor as permitting a
licensed professional engineer to practice land
surveying unless [he] SUCH PERSON is a holder of a
valid combined license as professional engineer
and land surveyor. The Commissioner of Consumer
Protection, with the advice and assistance of the
board, [shall have authority to make] MAY ADOPT
regulations, IN ACCORDANCE WITH CHAPTER 54,
pertaining to the design and use of seals by
licensees under this chapter, AS AMENDED BY THIS
ACT. Each agency, department, board or commission
of the state or political subdivision of the state
shall accept, subject to review for conformance
with all approved policies and standards, any
final drawings, specifications, plots, reports,
papers or documents relative to the practice of a
licensed professional engineer or land surveyor [,
as defined in section 20-299,] when sealed and
submitted on behalf of an employer by a licensed
professional engineer or licensed land surveyor.
Sec. 15. Section 20-304a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The [Board of Examiners for Professional
Engineers and Land Surveyors established pursuant
to section 20-300 is authorized to] BOARD MAY
issue an automatic fire sprinkler system layout
technician's license to any person who has
received level III certification from the National
Institute for Certification in Engineering
Technologies in the field of fire protection
engineering technology or a subfield of automatic
sprinkler system layout. [Anyone] ANY PERSON who
is a professional engineer licensed in accordance
with the provisions of this chapter, AS AMENDED BY
THIS ACT, a plumbing AND PIPING journeyman
licensed pursuant to chapter 393, AS AMENDED BY
THIS ACT, a plumbing AND PIPING contractor
licensed pursuant to chapter 393, AS AMENDED BY
THIS ACT, or a journeyman sprinkler fitter
licensed pursuant to chapter 393, AS AMENDED BY
THIS ACT, shall be exempt from such licensing
requirement.
(b) The Commissioner of Consumer Protection
shall adopt regulations, in accordance with [the
provisions of] chapter 54, for the issuance of
automatic fire sprinkler system layout
technician's licenses and to prescribe the amount
of the fees required pursuant to this section.
Upon the adoption of such regulations, the fees
required by this section shall be as prescribed in
such regulation.
Sec. 16. Section 20-305 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Applications for licensure UNDER THIS CHAPTER,
AS AMENDED BY THIS ACT, shall be on forms
prescribed and furnished by the Department of
Consumer Protection. The nonrefundable application
fee for a professional engineer LICENSE shall be
forty dollars. The nonrefundable application fee
for an engineer-in-training LICENSE shall be
thirty-eight dollars, which shall accompany the
application and which shall include the cost of
the issuance of a license. The nonrefundable
application fee for a land surveyor LICENSE shall
be forty dollars. The nonrefundable application
fee for a surveyor-in-training LICENSE shall be
thirty-two dollars, which shall accompany the
application and which shall include the cost of
the issuance of a license. The initial license fee
for a professional engineer LICENSE or A land
surveyor LICENSE shall be one hundred ten dollars.
The application fee for a combined license as
professional engineer and land surveyor shall be
forty dollars. The initial license fee for such
combined license shall be one hundred ten dollars.
Sec. 17. Section 20-306 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) (1) The [department] DEPARTMENT OF
CONSUMER PROTECTION shall notify by mail each
person licensed under this chapter, AS AMENDED BY
THIS ACT, of the date of the expiration of [his]
SUCH license and the amount of the fee required
for its renewal for one year. [License] SUCH
LICENSE renewals shall be accompanied by the
payment of the professional services fee for class
G, as defined in section 33-182l, in the case of a
professional engineer LICENSE, A professional
engineer and land surveyor COMBINED LICENSE, or
[in the case of] a land surveyor LICENSE. The
license shall be considered lapsed if not renewed
within thirty days following the normal expiration
date.
(2) Annual renewal of [the license of] AN
engineer-in-training LICENSE or A
surveyor-in-training LICENSE shall not be
required. [An engineer-in-training or
surveyor-in-training certificate] ANY SUCH LICENSE
shall remain valid for a period of ten years from
the date of its original issuance and, during this
time, it shall meet in part the requirements for
licensure as a professional engineer or land
surveyor. It shall not be the duty of the
department to notify the holder of an
engineer-in-training LICENSE or A
surveyor-in-training license of the date of
expiration of [his] SUCH license other than to
publish it annually in the roster.
(3) Renewal of [his] ANY license UNDER THIS
CHAPTER, AS AMENDED BY THIS ACT, or payment of
renewal fees shall not be required of any licensee
serving in the armed forces of the United States
until the next renewal period immediately
following the termination of such service or the
renewal period following the fifth year after
[his] SUCH LICENSEE'S entry into such service,
whichever occurs first. The status of such
licensees shall be indicated in the annual roster
of professional engineers and land surveyors.
(b) Notwithstanding the provisions of
subsection (a) of this section concerning fees,
any person who is licensed under the provisions of
this chapter, AS AMENDED BY THIS ACT, who is age
sixty-five or over and who is no longer actively
engaged in the practice of engineering or any of
its branches, or land surveying, may renew [his]
SUCH license ANNUALLY upon payment of [an annual
fee of] the professional services fee for class A,
as defined in section 33-182l.
Sec. 18. Section 20-306a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The practice of or the offer to practice
professional engineering in this state by
individual licensed professional engineers or the
practice of or the offer to practice land
surveying in this state by individual licensed
land surveyors under the corporate form or by a
corporation, a material part of the business of
which includes engineering or land surveying, is
permitted, provided (1) such personnel of such
corporation as act in its behalf as engineers or
land surveyors are licensed or [exempted] EXEMPT
from licensure under the provisions of this
chapter, AS AMENDED BY THIS ACT, and [provided]
(2) such corporation has been issued a certificate
of registration by the board as provided [herein]
IN THIS SECTION. No such corporation shall be
relieved of responsibility for the conduct or acts
of its agents, employees or officers by reason of
its compliance with the provisions of this
section, nor shall any individual practicing
engineering or land surveying be relieved of
responsibility for engineering or land surveying
services performed by reason of his employment or
relationship with such corporation. All final
drawings, specifications, plots, reports or other
engineering or land surveying papers or documents
involving the practice of engineering or land
surveying which are prepared or approved by any
such corporation or engineer or land surveyor for
use of or for delivery to any person or for public
record within this state shall be dated and bear
the signature and seal of the engineer or land
surveyor who prepared them or under whose
supervision they were prepared.
(b) A qualifying corporation desiring a
certificate of registration shall file with the
board an application upon a form prescribed by the
Department of Consumer Protection accompanied by
an application fee of four hundred fifty dollars.
Each such certificate shall expire annually and
shall be renewable [annually] upon payment of a
fee of three hundred dollars. If all requirements
of this chapter, AS AMENDED BY THIS ACT, are met,
the board shall authorize the department to issue
to such corporation a certificate of registration
within thirty days of such application, [;]
provided the board may refuse to authorize the
issuance of a certificate if any facts exist which
would entitle the board to suspend or revoke an
existing certificate.
(c) Each such corporation shall file with the
board a designation of an individual or
individuals licensed to practice engineering or
land surveying in this state who shall be in
charge of engineering or land surveying by such
corporation in this state. Such corporation shall
notify the board of any change in such designation
within thirty days after such change becomes
effective.
Sec. 19. Section 20-306b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) One or more architects, each of whom is
licensed under the provisions of chapter 390, AS
AMENDED BY THIS ACT, one or more professional
engineers or one or more land surveyors each of
whom is licensed under the provisions of this
chapter, AS AMENDED BY THIS ACT, may form a
corporation for the joint practice of
architecture, professional engineering and land
surveying services, or for the joint practice of
architecture and professional engineering
services, or for the joint practice of
architecture and land surveying services, or for
the joint practice of professional engineering and
land surveying services, provided (1) persons
licensed as architects, engineers or land
surveyors under chapter 390 or this chapter, AS
AMENDED BY THIS ACT, together own not less than
two-thirds of the voting stock of the corporation,
and the members of each profession forming the
corporation together own at least twenty per cent
of the voting stock of the corporation, (2) the
personnel in responsible charge of the practice of
architecture for such corporation shall be
licensed under [said] chapter 390, AS AMENDED BY
THIS ACT, and the personnel in responsible charge
of the practice of engineering or land surveying
for such corporation shall be licensed under this
chapter, AS AMENDED BY THIS ACT, and (3) such
corporation has been issued a joint certificate of
registration by the Department of Consumer
Protection at the direction of the Architectural
Licensing Board and the appropriate members of the
STATE Board of Examiners for Professional
Engineers and Land Surveyors designated to
administer the provisions of this chapter, AS
AMENDED BY THIS ACT, with respect to professional
engineers or land surveyors. Such corporation
shall, upon request by the Architectural Licensing
Board or the STATE Board of Examiners for
Professional Engineers and Land Surveyors, provide
the requesting board with information concerning
its officers, directors, beneficial owners and all
other aspects of its business organization.
Corporations for SUCH joint practice in existence
as of July 1, 1992, may continue to be governed by
the provisions of this subsection as revised to
1989, provided the certificate issued under this
section did not expire more than two years before
that date.
(b) Application by such corporation FOR A
CERTIFICATE OF REGISTRATION UNDER THIS SECTION
shall be made to both boards jointly on a form
prescribed by [said] THE department and
accompanied by an application fee of four hundred
fifty dollars. Each such certificate shall expire
annually [but] AND shall be renewable upon payment
of a fee of three hundred dollars, if all
requirements of [said] chapter 390 and this
chapter, AS AMENDED BY THIS ACT, with respect to
corporate practice are met. The boards by joint
action may refuse to authorize the issuance or
renewal of a certificate if any facts exist which
would entitle the boards to suspend or revoke an
existing certificate.
(c) Any corporation issued a certificate under
this section shall be required to comply with all
provisions of chapter 390 and this chapter, AS
AMENDED BY THIS ACT, with respect to corporate
practice.
(d) No such corporation shall be relieved of
responsibility for the conduct or acts of its
agents, employees or officers by reason of its
compliance with the provisions of this section,
nor shall any individual practicing architecture,
engineering or land surveying be relieved of
responsibility for services performed by reason of
his employment or relationship with such
corporation.
(e) All fees collected under this section
shall be paid to the State Treasurer for deposit
in the General Fund.
(f) The Commissioner of Consumer Protection,
with the advice and assistance of the
Architectural Licensing Board and the appropriate
members of the STATE Board of Examiners for
Professional Engineers and Land Surveyors
designated to administer the provisions of this
chapter, AS AMENDED BY THIS ACT, with respect to
professional engineers or land surveyors, shall
adopt [and promulgate] regulations, [to carry out
the administration of this section,] in accordance
with chapter 54, TO CARRY OUT THE PROVISIONS OF
THIS SECTION.
Sec. 20. Section 20-307a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Department of Consumer Protection may,
upon request of the [State Board of Registration
for Professional Engineers and Land Surveyors]
BOARD or on its own motion, inquire into the
existence of violations of the provisions of this
chapter, AS AMENDED BY THIS ACT. If, after notice
and opportunity for hearing as provided in the
regulations [established] ADOPTED by the
Commissioner of Consumer Protection, the board
determines that a violation of any provision of
this chapter, AS AMENDED BY THIS ACT, or any
[regulations] REGULATION adopted [thereunder]
UNDER THIS CHAPTER, AS AMENDED BY THIS ACT,
exists, [it] THE BOARD may issue an appropriate
order to the person or persons found to be so
violating such provision OR REGULATION, providing
for the immediate discontinuance of [the same]
SUCH VIOLATION.
Sec. 21. Section 20-308 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The board may, upon application and the
payment of a fee of one hundred fifty dollars to
the Department of Consumer Protection, authorize
[said] THE department to issue a license as a
professional engineer, or a combined license as a
professional engineer and land surveyor or, upon
application [therefor] and the payment of a fee of
one hundred fifty dollars, to issue a license as a
land surveyor to any person who holds a
certificate of qualification, licensure or
registration issued to [him] SUCH PERSON by THE
proper authority of any state, territory or
possession of the United States, or any country,
or the National Bureau of Engineering
Registration, provided the requirements for the
licensure or registration of professional
engineers or land surveyors under which such
license, certificate of qualification or
registration was issued shall not conflict with
the provisions of this chapter, AS AMENDED BY THIS
ACT, and shall be of a standard not lower than
that specified in section 20-302, AS AMENDED BY
THIS ACT. Upon request of any such applicant the
board may, if it determines that the application
is in apparent good order, authorize [said] THE
department to grant to such applicant permission
in writing to practice engineering or land
surveying or both for a specified period of time
while such application is pending. The board may
waive the first part of the examination specified
in subdivision (1) of section 20-302, AS AMENDED
BY THIS ACT, in the case of an applicant for
licensure as a professional engineer who holds a
certificate as an engineer-in-training issued to
him by THE proper authority [in] OF any state,
territory or possession of the United States,
provided the requirements under which [such] THE
certificate was issued do not conflict with the
provisions of this chapter, AS AMENDED BY THIS
ACT, and are of a standard at least equal to that
specified in [that] SAID subdivision (1). The
board may waive that part of the examination
specified in subdivision (3) of section 20-302, AS
AMENDED BY THIS ACT, relating to THE fundamentals
of land surveying, in the case of an applicant for
licensure as a land surveyor who holds a
certificate as a surveyor-in-training issued to
him by THE proper authority [in] OF any state,
territory or possession of the United States,
provided the requirements under which the
certificate was issued do not conflict with the
provisions of this chapter, AS AMENDED BY THIS
ACT, and are of a standard at least equal to that
specified in [that] SAID subdivision (3).
(b) The board may, upon application [therefor]
and the payment of a fee to be fixed by the board,
authorize [said department] THE DEPARTMENT OF
CONSUMER PROTECTION to issue a license as an
engineer-in-training to any person who holds a
certificate of qualification as
engineer-in-training or surveyor-in-training
issued to him by THE proper authority of any state
or territory or possession of the United States,
or any country, provided the requirements for
certification under which such certificate of
qualification was issued do not conflict with THE
provisions of this chapter, AS AMENDED BY THIS
ACT, and are of a standard at least equal to
[those] THAT specified in section 20-302, AS
AMENDED BY THIS ACT.
Sec. 22. Section 20-309 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The [following-described] FOLLOWING persons
shall be exempt from the provisions of this
chapter, AS AMENDED BY THIS ACT: [(a)] (1) An
employee or a subordinate of a person holding a
license under this chapter, AS AMENDED BY THIS
ACT, provided the work of such employee shall be
under the responsible supervision of a person so
licensed; [(b)] (2) any corporation whose
operations are under the jurisdiction of the
Department of Public Utility Control and the
officers and employees of any such corporation or
any contracting corporation affiliated with any
such corporation; [(c)] (3) any manufacturing or
scientific research and development corporation
and the officers and employees of any such
corporation while engaged in the performance of
their employment by such corporation, provided the
engineering work performed by such corporation,
officers and employees shall be incidental to the
research and development or manufacturing
activities of such corporation; [(d)] (4) officers
and employees of the government of the United
States while engaged within this state in the
practice of the profession of engineering or land
surveying for said government; [(e)] AND (5)
architects licensed under chapter 390, AS AMENDED
BY THIS ACT, in the performance of work incidental
to their profession.
Sec. 23. Section 20-330 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter, AS AMENDED BY THIS
ACT:
(1) "Contractor" means any person regularly
offering to the general public services of his
employees or himself in the field of electrical
[or] WORK, plumbing and piping WORK, solar WORK,
heating, piping and cooling WORK, fire protection
sprinkler systems WORK, elevator installation,
repair and maintenance work or irrigation WORK as
[hereinafter] defined IN THIS SECTION;
(2) "Electrical work" means the installation,
erection, maintenance, alteration or repair of any
wire, cable, conduit, busway, raceway, support,
insulator, conductor, appliance, apparatus,
fixture or equipment which generates, transforms,
transmits or uses electrical energy for light,
heat, power or other purposes, but [on and after
October 1, 1990, shall] DOES not include low
voltage wiring, not exceeding twenty-four volts,
used within a lawn sprinkler system;
(3) "Plumbing and piping work" means the
installation, repair, replacement, alteration or
maintenance of gas, water and associated fixtures,
laboratory equipment, sanitary equipment, other
than subsurface sewage disposal systems, fire
prevention apparatus, all water systems for human
usage, sewage treatment facilities and all
associated fittings within a building and shall
include lateral storm and sanitary lines from
buildings to the mains, swimming pools and pumping
equipment, and shall include making connections to
back flow prevention devices, and shall include
low voltage wiring, not exceeding twenty-four
volts, used within a lawn sprinkler system, but
[on and after July 1, 1984, shall] DOES not
include (A) solar work, except for the repair of
those portions of a solar hot water heating system
which include the basic domestic hot water tank
and the tie-in to the potable water system, and
[on and after April 1, 1989, shall not include]
(B) the installation, repair, replacement,
alteration or maintenance of fire prevention
apparatus within a structure, except for
standpipes which are not connected to sprinkler
systems;
(4) "Solar work" means the installation,
repair, replacement, alteration or maintenance of
an active, passive or hybrid solar hot water
heating system;
(5) "Heating, piping and cooling work" means
the installation, repair, replacement, maintenance
or alteration of any apparatus for piping,
appliances, devices or accessories for heating
systems, excluding sheet metal work; air
conditioning and refrigeration systems, boilers,
including apparatus and piping for the generation
or conveyance of steam and associated pumping
equipment, but [on and after July 1, 1984, shall]
DOES not include solar work;
(6) "Apprentice" means [anyone] ANY PERSON
registered with [the Connecticut State Apprentice
Training Division of] the Labor Department for the
purpose of learning a skilled trade;
(7) "Elevator installation, repair and
maintenance work" means the installation,
erection, maintenance and repair of all types of
elevators, dumb waiters, escalators, and moving
walks and all mechanical equipment, fittings,
associated piping and wiring from a source of
supply brought to the equipment room by an
unlimited electrical contractor for all types of
machines used to hoist or convey persons or
materials, but does not include temporary hoisting
machines used for hoisting materials in connection
with any construction job or project;
(8) "Elevator maintenance" means the
lubrication, inspection and replacement of
controls, hoistway and car parts;
(9) "Fire protection sprinkler systems work"
means the layout, on-site fabrication,
installation, alteration or repair of any
automatic or manual sprinkler system designed for
the protection of the interior or exterior of a
building or structure from fire, or any piping or
tubing and appurtenances and equipment pertaining
to such system including overhead and underground
water mains, fire hydrants and hydrant mains,
standpipes and hose connections to sprinkler
systems, sprinkler tank heaters excluding
electrical wiring, air lines and thermal systems
used in connection with sprinkler and alarm
systems connected thereto, foam extinguishing
systems or special hazard systems including water
spray, foam, carbon dioxide or dry chemical
systems, halon and other liquid or gas fire
suppression systems, [. "Fire protection sprinkler
systems work"] BUT does not [mean] INCLUDE (A) any
engineering design work connected with the layout
of fire protection sprinkler systems or (B) any
work performed by employees of or contractors
hired by a public water system, as defined in
subsection (a) of section 25-33d;
(10) "State Fire Marshal" means the State Fire
Marshal or any member of the Division of State
Police to whom the Commissioner of Public Safety
has delegated powers under section 29-291;
(11) "Journeymen sprinkler fitter" means a
specialized pipe fitter craftsman, experienced and
skilled in the installation, alteration,
maintenance and repair of fire protection
sprinkler systems; AND
(12) "Irrigation work" means making the
connections to back flow prevention devices, and
low voltage wiring, not exceeding twenty-four
volts, used within a lawn sprinkler system.
Sec. 24. Section 20-331 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There shall be in the Department of
Consumer Protection separate examining boards for
each of the following occupations: [(a)] (1)
Electrical work; [(b)] (2) plumbing and piping
work; [(c)] (3) heating, piping and cooling work;
[(d)] (4) elevator installation, repair and
maintenance work, and [(e)] (5) fire protection
sprinkler systems work.
(b) The Electrical Work Board and the Heating,
Piping and Cooling Work Board shall each consist
of nine members who shall be residents of this
state, one of whom shall be a general contractor
or an unlimited contractor licensed for such
occupations under this chapter, AS AMENDED BY THIS
ACT, two of whom shall be unlimited contractors
licensed for such occupations under this chapter,
AS AMENDED BY THIS ACT, neither of whom at the
time of appointment shall be a member or an
employee of a member of a trade union or a party
or an employee of a party to a contract with a
trade union, three of whom shall be unlimited
journeymen licensed for such occupations under
this chapter, AS AMENDED BY THIS ACT, who at the
time of appointment shall be members of a trade
union, and three of whom shall be public members.
(c) The Plumbing and Piping Work Board shall
consist of twelve members who shall be residents
of this state, one of whom shall be a general
contractor or an unlimited contractor licensed for
such occupations under this chapter, AS AMENDED BY
THIS ACT, two of whom shall be unlimited
contractors licensed for such occupations under
this chapter, AS AMENDED BY THIS ACT, neither of
whom at the time of appointment shall be a member
or an employee of a member of a trade union or a
party or an employee of a party to a contract with
a trade union, one of whom shall be a well
drilling contractor registered pursuant to section
25-129, four of whom shall be unlimited journeymen
licensed for such occupations under this chapter,
AS AMENDED BY THIS ACT, who at the time of
appointment shall be members of a trade union, and
four of whom shall be public members.
(d) The Elevator Installation, Repair and
Maintenance Board shall consist of eight members
who shall be residents of this state, three of
whom shall be unlimited contractors, two of whom
shall be elevator craftsmen, licensed for such
occupation under this chapter, AS AMENDED BY THIS
ACT, and three of whom shall be public members,
provided at least one of the unlimited contractors
shall be a member of either the National
Association of Elevator Contractors or the
National Elevator Industries, Incorporated.
(e) The Fire Protection Sprinkler Systems
Board shall consist of nine members who shall be
residents of this state, two of whom shall be
journeymen sprinkler fitters, two of whom shall be
fire protection sprinkler contractors, three of
whom shall be public members, one of whom shall be
a representative of the State Fire Marshal and one
of whom shall be a local fire marshal.
(f) The contractor and journeymen or elevator
craftsmen members of each board ESTABLISHED UNDER
THIS SECTION shall be appointed by the Governor
from a list of names submitted by employers' and
employees' associations in the respective
occupations. The Governor may fill any vacancy
occurring in the membership of any SUCH board, may
remove any member for cause, after notice and
hearing, and shall remove any licensed member
whose license is not renewed or whose license has
become void, revoked or suspended. Each member of
[each board] SUCH BOARDS shall, before entering
upon the duties of his office, take the oath
provided by law for public officers. Members shall
not be compensated for their services but shall be
reimbursed for necessary expenses incurred in the
performance of their duties.
Sec. 25. Section 20-332 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Each examining board ESTABLISHED UNDER
SECTION 20-331, AS AMENDED BY THIS ACT, shall have
a seal and its members may administer oaths in the
performance of their duties. Each board shall keep
a record of its proceedings and a complete roster
of all persons licensed or registered by it and
entitled to practice [such] THE occupation WITHIN
THE BOARD'S JURISDICTION in this state. Each board
shall biennially furnish a copy of such roster to
each town clerk and shall notify such clerk of any
deletions from such roster within five days of
such deletion.
(b) The Commissioner of Consumer Protection,
with the advice and assistance of the appropriate
board, [shall have power to make all necessary]
(1) MAY ADOPT regulations, IN ACCORDANCE WITH
CHAPTER 54, for the pursuit, practice and
standards of the occupations within the
jurisdiction of the boards for the preservation of
the public safety, [and shall, in such
regulations,] (2) except as provided [herein] IN
THIS CHAPTER, AS AMENDED BY THIS ACT, SHALL ADOPT
REGULATIONS, IN ACCORDANCE WITH CHAPTER 54, TO
establish the amount and type of experience and
training required to qualify an applicant for an
examination for any license, and (3) shall
determine the specific area of a trade for which
limited licenses shall be issued and the areas for
which no license shall be required.
(c) If, after A hearing in accordance with the
regulations [established] ADOPTED by the
Commissioner of Consumer Protection, it appears
that the provisions of this chapter, AS AMENDED BY
THIS ACT, or the regulations [issued pursuant
thereto] ADOPTED UNDER THIS CHAPTER, AS AMENDED BY
THIS ACT, have been violated, in addition to the
penalties [hereinafter provided a] IN THIS
CHAPTER, AS AMENDED BY THIS ACT, THE APPROPRIATE
board shall report such violation to the office of
the state's attorney for the superior court for
the judicial district in which such violation
occurred.
Sec. 26. Section 20-333 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Department of Consumer Protection shall
hold at least four examinations each year, at such
times as the appropriate board may determine and
in such locations as may be convenient, written
notice of the time and place of each such
examination to be given to each applicant at least
ten days prior to such examination. To obtain a
license UNDER THIS CHAPTER, AS AMENDED BY THIS
ACT, an applicant shall have attained his
eighteenth birthday and shall furnish such
evidence of competency as the appropriate board,
with the consent of the [commissioner]
COMMISSIONER OF CONSUMER PROTECTION, shall
require. The applicant shall satisfy such board
that he is of good moral character, possesses a
diploma or other evidence of graduation from the
eighth grade of grammar school, or possesses an
equivalent education to be determined on
examination and has the requisite skill to perform
the work in the trade for which he is applying for
a license and can comply with all other
requirements of this chapter, AS AMENDED BY THIS
ACT, and the regulations [established thereunder]
ADOPTED UNDER THIS CHAPTER, AS AMENDED BY THIS
ACT. Upon application for [a] ANY SUCH license,
the applicant shall pay to the department a
nonrefundable application fee of forty-five
dollars for a license under subdivisions (2) and
(3) of subsection (a) of section 20-334a, AS
AMENDED BY THIS ACT, or a fee of seventy-five
dollars for a license under subdivision (1) of
[said] subsection (a), subdivisions (1) and (2) of
subsection (b), [of said section] and subdivision
(1) of subsection [(d)](c) of section 20-334a, AS
AMENDED BY THIS ACT. The [Department of Consumer
Protection] DEPARTMENT shall conduct such written,
oral and practical examinations as the appropriate
board, with the consent of the [Commissioner of
Consumer Protection] COMMISSIONER, deems necessary
to test the knowledge of the applicant in the work
for which a license is being sought. Any person
completing the required apprentice training
program for a journeyman's license under [said]
section 20-334a, AS AMENDED BY THIS ACT, shall,
within thirty days following such completion,
apply for a licensure examination given by the
[Department of Consumer Protection] DEPARTMENT. If
an applicant does not pass such licensure
examination, the [Commissioner of Consumer
Protection] COMMISSIONER shall provide each failed
applicant with information on how to retake the
examination and a report describing the
applicant's strengths and weaknesses in such
examination. The applicant may take up to two
additional examinations during the one-year period
commencing on the date of his first examination
application, provided, [that if he] IF THE
APPLICANT does not pass his third examination he
may not be examined again until one year after the
date of such third examination. Any apprentice
permit issued under [said] section 20-334a, AS
AMENDED BY THIS ACT, to an applicant who fails
three licensure examinations in any one-year
period shall remain in effect if such applicant
applies for and takes the first licensure
examination given by the [Department of Consumer
Protection] DEPARTMENT following the one-year
period from the date of his third and last
unsuccessful licensure examination. Otherwise,
such permit shall be revoked as of the date of the
first examination given by the [Department of
Consumer Protection] DEPARTMENT following
expiration of such one-year period. When an
applicant has qualified for a license, the
[Department of Consumer Protection] DEPARTMENT
shall, upon receipt of the license fee, issue to
such [a person] APPLICANT a license entitling him
to engage in the work or occupation for which a
license was sought and shall register each
successful applicant's name and address in the
roster of licensed persons authorized to engage in
the work or occupation within the appropriate
board's authority. Each board may declare
forfeited the application fee of any applicant who
has failed to appear for examination at three
successive examinations for which written notice
has been sent. All fees and other moneys collected
by the department shall be promptly transmitted to
the State Treasurer as provided in section 4-32.
Sec. 27. Section 20-334 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person shall engage in, practice or
offer to perform the work of any occupation
[covered by] SUBJECT TO this chapter, AS AMENDED
BY THIS ACT, in this state unless [he] SUCH PERSON
has first obtained a license as provided in
section 20-333, AS AMENDED BY THIS ACT, or
possesses a card of registration from the [State
Apprentice Training Division] LABOR DEPARTMENT or
the board and [shall be] IS subject to all OF the
regulations [established] ADOPTED under this
chapter, AS AMENDED BY THIS ACT, for the purpose
of governing apprenticeship training, or has been
issued a license for such particular work under
this chapter prior to July 6, 1967.
(b) The Department of Consumer Protection
shall furnish to each qualified applicant a
license certifying that the holder thereof is
entitled to engage in the work or occupation for
which the person has been issued a license under
this chapter, AS AMENDED BY THIS ACT, and the
holder of such license shall carry it on his
person while engaging in such work or occupation.
Such license shall be shown to any properly
interested person on request. No such license
shall be transferred to or used by any person
other than the person to whom the license was
issued. Contractors shall display their state
license number on all commercial vehicles used in
their business and shall display such number in a
conspicuous manner on all printed advertisements,
bid proposals, contracts, invoices and on all
stationery used in their business. The department
shall keep a register in which shall be entered
the names of all persons to whom such licenses are
issued. [, and said] THE register shall be at all
times open to public inspection.
(c) Each board ESTABLISHED UNDER SECTION
20-331, AS AMENDED BY THIS ACT, may suspend or
revoke any license or certificate granted or
issued by it UNDER THIS CHAPTER, AS AMENDED BY
THIS ACT, if the holder [thereof] OF SUCH LICENSE
OR CERTIFICATE is convicted of a felony, is
grossly incompetent, engages in malpractice or
unethical conduct or knowingly makes false,
misleading or deceptive representations regarding
his work or violates the [rules and] regulations
[established] ADOPTED under this chapter, AS
AMENDED BY THIS ACT. Before any SUCH license is
suspended or revoked, such holder shall be given
notice and opportunity for hearing as provided in
regulations [established] ADOPTED by the
Commissioner of Consumer Protection. Any person
whose license has been suspended or revoked may,
after ninety days, apply to the board to have [the
same] SUCH LICENSE reinstated.
Sec. 28. Section 20-334a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Except as OTHERWISE provided [under
subsection (b) of] IN this section, the following
licenses may be issued by the Department of
Consumer Protection, upon authorization of the
boards, under the provisions of section 20-333, AS
AMENDED BY THIS ACT:
(1) (A) An unlimited contractor's license may
be issued to a person who has served as a
journeyman [at] IN the trade for which he seeks a
license for not less than two years and, if such
service as a journeyman was outside this state,
has furnished evidence satisfactory to the
appropriate state board that such service is
comparable to similar service in this state, or
has furnished satisfactory evidence of education
and experience and has passed an examination which
has demonstrated that he is competent in all
aspects of such trade to be an unlimited
contractor. [; (B) a] (B) A limited contractor's
license may be issued to a person who fulfills the
requirements of [subdivision (1) (A) of this
section] SUBPARAGRAPH (A) OF THIS SUBDIVISION as
to a specific area or areas within the trade for
which he seeks a license. [; (C) the] (C) THE
holder of an unlimited or a limited contractor's
license may, within the trade, or the area or
areas of the trade, for which he has been
licensed, furnish supplies and do layout,
installation, repair and maintenance work and
distribute and handle materials, provided nothing
[herein] IN THIS SUBDIVISION shall be construed to
authorize the performance of any action for which
licensure is required under the provisions of
chapter 390 or 391, AS AMENDED BY THIS ACT. Such
licensee shall furnish the board with evidence
that he will comply with all state requirements
pertaining to workers' compensation and
unemployment insurance and that such evidence
shall be available to any properly interested
person prior to the issuance of a license
[hereunder] UNDER THIS SUBDIVISION.
(2) (A) An unlimited journeyman's license may
be issued to any person who has completed a bona
fide apprenticeship program, including not less
than four years' experience in the trade for which
he seeks a license, and has demonstrated his
competency to perform all services included in the
trade for which a license is sought by
successfully completing the applicable state
licensure examination. (B) A limited journeyman's
license may be issued to a person who fulfills the
requirements of [subdivision (2) (A) of this
section] SUBPARAGRAPH (A) OF THIS SUBDIVISION in a
specific area or areas of the trade for which he
seeks a license, provided [that] the length of
experience required may be less than four years
for such area or areas of the trade.
(3) (A) An elevator craftsman's license may be
issued to any person who has completed an
apprenticeship program, has at least two years'
experience in elevator installation, repair and
maintenance work and has demonstrated his
competency to perform such work. (B) An elevator
helper's license may be issued for the performance
of elevator maintenance under the supervision of
an elevator craftsman.
(4) An apprentice's permit may be issued for
the performance of work in a trade licensed under
the provisions of this chapter, AS AMENDED BY THIS
ACT, for the purpose of training, which work may
be performed only under the supervision of a
licensed contractor, journeyman or elevator
craftsman.
(5) An apprentice permit shall expire upon the
failure of the apprentice holding such permit to
apply for the first licensure examination given by
the [Department of Consumer Protection] DEPARTMENT
following completion of his apprentice training
program as [defined] PROVIDED in subdivision (2)
of this subsection.
(b) [On and after July 1, 1984, the] THE
following licenses for solar work may be issued by
the department, upon authorization of the
examining board for heating, piping and cooling
work, under the provisions of section 20-333, AS
AMENDED BY THIS ACT, including an examination on
solar work:
(1) A solar contractor's license may be issued
to any person who (A) not later than July 1, 1984,
(i) has been issued a P-1, P-3, S-1, S-3, S-5,
S-7, D-1 or D-3 license under subdivision (1) of
subsection (a) of this section or installs at
least six fully operational solar hot water
heating systems and (ii) qualifies for a solar
contractor's license under section 20-333, AS
AMENDED BY THIS ACT, or (B) has served as a solar
journeyman for not less than two years.
(2) A solar journeyman's license may be issued
to any person who (A) not later than July 1, 1984,
(i) is issued a P-2, P-4, S-2, S-4, S-6, S-8, D-2
or D-4 license under subdivision (2) of subsection
(a) of this section and (ii) qualifies for a solar
journeyman's license under section 20-333, AS
AMENDED BY THIS ACT, (B) after July 1, 1984, is
issued a P-2, P-4, S-2, S-4, S-6, S-8, D-2 or D-4
license under subdivision (2) of subsection (a) of
this section and whose bona fide apprenticeship
program includes instruction in solar work or (C)
after July 1, 1984, completes a bona fide solar
work apprenticeship program and has not less than
two years' experience in solar work. A solar
journeyman may work only under the supervision of
a licensed solar contractor.
(3) A solar apprentice's permit may be issued
for the performance of solar work for the purpose
of training. Such work may be performed only under
the supervision of a licensed solar contractor or
journeyman.
(c) [On or after April 1, 1989, the] THE
following licenses for fire protection sprinkler
systems work may be issued by the department:
[under the provisions of section 20-330:] (1) A
fire protection sprinkler contractor's license may
be issued to a person who provides satisfactory
evidence of education and experience in fire
protection sprinkler systems work [as defined in
subdivision (9) of section 20-330] and who has
passed an examination which has demonstrated
competence in all aspects of such trade.
Applicants FOR SUCH LICENSE shall complete a form
provided by the commissioner; (2) a journeyman
sprinkler fitter's license may be issued to a
person who has completed a bona fide
apprenticeship program pursuant to section
20-334c, and who has not less than four years
experience in fire protection sprinkler systems
work [as defined in subsection (9) of section
20-330,] or who has been licensed under this
section, and has passed an examination which has
demonstrated competence in all aspects of such
trade. Applicants FOR SUCH LICENSE shall complete
a form provided by the commissioner.
(d) [On or after October 1, 1990, the] THE
following licenses for irrigation work may be
issued by the department upon authorization of the
examining board for plumbing and piping work under
the provisions of section 20-333, AS AMENDED BY
THIS ACT: (1) An irrigation [contractors]
CONTRACTOR'S license and (2) an irrigation
[journeyman] JOURNEYMAN'S license.
Sec. 29. Section 20-334b of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any apprenticeship program established for the
purpose of providing education and training for
persons seeking licensure for plumbing and piping
work OR FOR HEATING, PIPING AND COOLING WORK shall
provide all such persons entering the program [on
and after July 1, 1982,] with education and
training in solar work. [Any apprenticeship
program established for the purpose of providing
education and training for persons seeking
licensure for heating, piping and cooling work
shall provide all such persons entering the
program on and after July 1, 1983, with education
and training in solar work.]
Sec. 30. Section 20-334c of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any apprenticeship program established for the
purpose of providing education and training for
persons seeking licensure for journeyman sprinkler
fitter's work shall provide all such persons
entering the program [on and after July 1, 1988,]
with education and training in fire protection
sprinkler systems work. [as defined in section
20-330.]
Sec. 31. Section 20-335 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person who has successfully completed an
examination for his initial license UNDER THIS
CHAPTER, AS AMENDED BY THIS ACT, shall pay to the
Department of Consumer Protection a fee of
seventy-five dollars for a contractor's license or
a fee of sixty dollars for any other SUCH license.
All SUCH licenses shall expire annually. No person
shall carry on or engage in the work or
occupations [covered by] SUBJECT TO this chapter,
AS AMENDED BY THIS ACT, after the expiration of
his license until [he] SUCH PERSON has [made]
FILED AN application bearing the date of his
registration card [to said] WITH THE APPROPRIATE
board. Such application shall be in writing,
addressed to the secretary of the board from which
such renewal is sought and signed by the person
applying for such renewal. [Each] THE board may
renew such license if THE application for such
renewal is received by [said] THE board no later
than one month after the date of expiration of
such license, upon payment to the department of a
renewal fee of seventy-five dollars in the case of
a contractor and of sixty dollars for any other
SUCH license. [, and the] THE department shall
issue a receipt stating the fact of such payment,
which receipt shall be a license to engage in such
work or occupation. A licensee who has failed to
renew his license for a period of over one year
from the date of expiration [thereof] OF SUCH
LICENSE shall have it reinstated only upon
complying with the requirements of section 20-333,
AS AMENDED BY THIS ACT. All license fees and
renewal fees paid to the department pursuant to
this section shall be deposited in the General
Fund.
Sec. 32. Section 20-337 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Nothing in this chapter, AS AMENDED BY THIS
ACT, shall require that the ownership or control
of a business engaged in providing the work or
services licensed under the provisions of this
chapter, AS AMENDED BY THIS ACT, be vested in a
[licensed] person LICENSED UNDER THIS CHAPTER, AS
AMENDED BY THIS ACT, but all the work and services
[covered by the definitions] set forth in section
20-330, AS AMENDED BY THIS ACT, shall be performed
by persons licensed for such work or occupation
under this chapter, AS AMENDED BY THIS ACT.
Sec. 33. Section 20-338b of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any licensed contractor [, as defined in
section 20-330,] who seeks to obtain a permit from
a building official [,] may sign the BUILDING
permit application personally [,] or [such
licensed contractor may] delegate the signing of
the building permit application to an employee,
subcontractor or other agent of the licensed
contractor, provided, the licensed contractor's
employee, subcontractor or other agent submits to
the building official a dated letter on the
licensed contractor's letterhead, signed by the
licensed contractor, stating that the bearer of
the letter is authorized to sign the building
permit application as the agent of the licensed
contractor. The letter shall not be a copy or a
facsimile, but shall be an original letter bearing
the original signature of the licensed contractor.
The letter shall also include: (1) The name of the
municipality where the work is to be performed;
(2) the job name or a description of the job; (3)
the starting date of the job; (4) the name of the
licensed contractor; (5) the name of the licensed
contractor's agent; and (6) the license numbers of
all contractors [who shall] TO be involved in the
work.
Sec. 34. Section 20-340 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The provisions of this chapter, AS AMENDED BY
THIS ACT, shall not apply to: (1) [persons]
PERSONS employed by any federal, state or
municipal agency; (2) employees of any public
service company regulated by the [state]
Department of Public Utility Control or of any
corporate affiliate of any such company when the
work performed by such affiliate is on behalf of a
public service company, BUT in either case only if
the work performed is in connection with the
rendition of public utility service, including the
installation or maintenance of wire for community
antenna television service, or is in connection
with the installation or maintenance of wire or
telephone sets for single-line telephone service
located inside the premises of a consumer; (3)
employees of any municipal corporation specially
chartered by [the state of Connecticut] THIS
STATE; (4) employees of any contractor while
[said] SUCH contractor is performing
electrical-line or emergency work for any public
service company; (5) persons engaged in the
installation, maintenance, repair and service of
electrical or other appliances of a size
customarily used for domestic use where such
installation commences at an outlet receptacle or
connection previously installed by persons
licensed to do the same and maintenance, repair
and service is confined to the appliance itself
and its internal operation; (6) employees of
industrial firms whose main duties concern the
maintenance of the electrical WORK, plumbing and
piping WORK, solar WORK, heating, piping and
cooling WORK, or elevator installation, repair and
maintenance work of such firm on its own premises
or on premises leased by it for its own use; (7)
the fabrication of electrical, plumbing and
piping, fire protection sprinkler systems, solar,
heating, piping and cooling or elevator
installation, repair and maintenance equipment
used in the production of goods sold by industrial
firms; (8) persons performing work necessary to
the manufacture or repair of any apparatus,
appliances, fixtures, equipment or devices
produced by it for sale or lease; (9) employees of
stage and theatrical companies performing the
operation, installation and maintenance of
electrical equipment if such installation
commences at an outlet receptacle or connection
previously installed by persons licensed to make
such installation; (10) employees of carnivals,
circuses or similar transient amusement shows who
install electrical work, provided such
installation shall be subject to the approval of
the State Fire Marshal prior to use as otherwise
provided by law and shall comply with applicable
municipal ordinances and regulations; (11) persons
engaged in the installation, maintenance, repair
and service of electrical, plumbing, fire
protection sprinkler systems, solar, and heating,
piping and cooling equipment in and about
single-family residences owned and occupied or to
be occupied by such persons; provided any such
installation, maintenance and repair shall be
subject to inspection and approval by the building
official of the municipality in which such
residence is located and shall conform to the
requirements of the State Building Code.
Sec. 35. Section 20-340b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) As used in this section:
(1) "Telecommunications electrical work" means
work permitted to be performed by holders of a
limited electrical contractor's license (T-1) as
provided by regulation ADOPTED UNDER THIS CHAPTER,
AS AMENDED BY THIS ACT.
(2) "Public service technician" means an
employee of a public service company, as defined
[by] IN section 16-1, or any affiliate of any such
company, [on or after January 1, 1980,] who is
engaged in telecommunications electrical work AND
who is not otherwise exempt from licensing
pursuant to section 20-340, AS AMENDED BY THIS
ACT.
(b) Notwithstanding any provisions of THIS
chapter, [393] AS AMENDED BY THIS ACT, to the
contrary, a public service technician may be
issued a certificate of registration by the
Department of Consumer Protection, upon
authorization of the [State] Electrical Work
[Examining] Board, in lieu of any license which
otherwise might be required under this chapter, AS
AMENDED BY THIS ACT, which shall entitle the
holder [thereof] OF SUCH CERTIFICATE to perform
telecommunications electrical work only as
provided in this section, provided the public
service company or its affiliate which employs
[said] THE public service technician certifies to
the [State] Electrical Work [Examining] Board that
the [individual] EMPLOYEE has obtained such
training and experience deemed necessary by [said]
THE public service company or its affiliate to
perform telecommunications electrical work
included in such employee's job functions.
(c) The content and duration of the training
and experience programs provided by the public
service company or its affiliate must be relevant
to the duties of the employee and must be approved
biennially by [the State Apprentice Training
Division of] the Labor Department. In reviewing
the programs and training provided by a public
service company or its affiliate, the [State
Apprentice Training Division] LABOR DEPARTMENT
shall consider the specialization of the employees
of the company, the employee's previous company
training, the service record of the company, the
experience of the company in training employees to
perform telecommunications electrical work, and
the quality assurance measures used by the
company.
(d) An employee enrolled in the company's
training programs shall be issued a trainee's
certificate by such company, valid for the
duration of the training program, and may perform
telecommunications electrical work only under the
supervision of an employee of the public service
company or its affiliate who is a registered
public service technician or holds a journeyman's
license.
(e) A public service company employing a
public service technician shall inform the [State]
Electrical Work [Examining] Board upon the change
in job description or termination of any
registered public service technician previously
certified to the board pursuant to subsection (b)
of this section and upon the issuance or
termination of a trainee's certificate provided to
an employee pursuant to subsection (d) of this
section.
(f) A registered public service technician or
employee of a public service company or its
affiliate issued a trainee's certificate by such
company may only perform such work on behalf of
such public service company or its affiliate and
only while in the direct employment of such public
service company or its affiliate. [, and such]
SUCH registration or trainee's certificate will be
immediately relinquished upon termination of
employment from such public service company or its
affiliate.
(g) A registered public service technician may
not supervise any duly registered apprentice
performing work under a permit issued pursuant to
subdivision (4) of subsection (a) of section
20-334a, AS AMENDED BY THIS ACT.
(h) The public service technician's
registration shall expire annually. [and the] THE
fee FOR REGISTRATION AS A PUBLIC SERVICE
TECHNICIAN shall be the same fee as that charged
for a journeyman's license UNDER SECTION 20-335,
AS AMENDED BY THIS ACT.
(i) Registered public service technicians
shall be subject to the same disciplinary actions
as journeymen, including, but not limited to,
actions authorized under sections 20-334, AS
AMENDED BY THIS ACT, 20-341 and 21a-9.
(j) Supervisory personnel of a public service
company or its affiliate authorized to employ
registered public service technicians pursuant to
this section may act as an agent of such company
for the purpose of taking out a permit pursuant to
section 20-332-16(b) of the regulations of
Connecticut state agencies.
(k) In lieu of displaying a contractor's
license number PURSUANT TO SECTION 20-334, AS
AMENDED BY THIS ACT, each public service company
or its affiliate authorized pursuant to this
section to employ registered public service
technicians shall display its name, logo or other
trademark which clearly identifies the company on
all commercial vehicles used in its business and
in a conspicuous manner on all printed
advertisements, bid proposals, contracts, invoices
and on all stationery used in its business.
Sec. 36. Section 20-341s of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in [this section and sections 20-341t]
SECTIONS 20-341s to 20-341bb, inclusive, AS
AMENDED BY THIS ACT:
(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 [mean] 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,
[or] AS AMENDED BY THIS ACT, (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,
[. The term "mechanical contractor" does not
include] OR (C) an individual licensed pursuant to
chapter 393, AS AMENDED BY THIS ACT;
(3) "Plumbing and piping work" [means work as
defined] HAS THE SAME MEANING AS SET FORTH in
subdivision (3) of section 20-330, AS AMENDED BY
THIS ACT;
(4) "Heating, piping and cooling work" [means
work as defined] HAS THE SAME MEANING AS SET FORTH
in subdivision (5) of section 20-330, AS AMENDED
BY THIS ACT; AND
(5) "Apprentice" [means a person as defined]
HAS THE SAME MEANING AS SET FORTH in subdivision
(6) of section 20-330, AS AMENDED BY THIS ACT.
Sec. 37. Section 20-341u of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any mechanical contractor seeking a
certificate of registration shall apply to the
commissioner in writing, on a form provided by
[said] THE commissioner. Such application shall
include the applicant's name, business address and
such other information as [said] THE commissioner
may REQUIRE by regulation [require] 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, AS AMENDED BY
THIS ACT, and [further] agrees that all work shall
be performed in accordance with said chapter.
Sec. 38. Section 20-341w of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Upon refusal to issue or renew a
certificate UNDER SECTION 20-341v, the
commissioner shall notify the applicant, by
certified mail, of the [denial] REFUSAL and of
[his] THE APPLICANT'S right to request a hearing
within ten days from the date of receipt of the
notice of [denial] REFUSAL.
(b) [In the event] IF the applicant requests a
hearing within such [ten days] TEN-DAY PERIOD, the
commissioner shall give notice of the grounds for
[his] SUCH refusal and shall conduct a hearing
concerning such refusal in accordance with the
provisions of chapter 54 concerning contested
[matters] CASES.
Sec. 39. Subsection (a) of section 20-341x of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner may conduct
investigations and hold hearings on any matter
under the provisions of sections 20-341s to
20-341bb, inclusive, AS AMENDED BY THIS ACT.
[Said] 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.
Sec. 40. Section 20-341z of the general
statutes is repealed and the following is
substituted in lieu thereof:
Sections 20-341s to 20-341bb, inclusive, AS
AMENDED BY THIS ACT, 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
[state] 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.
Sec. 41. Section 20-341gg of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) AS USED IN THIS SECTION, "MAJOR
CONTRACTOR" MEANS (1) ANY PERSON ENGAGED IN THE
BUSINESS OF CONSTRUCTION, STRUCTURAL REPAIR,
STRUCTURAL ALTERATION, DISMANTLING OR DEMOLITION
OF A STRUCTURE OR ADDITION THAT EXCEEDS THE
THRESHOLD LIMITS PROVIDED IN SECTION 29-276b OR
(2) ANY PERSON WHO, UNDER THE DIRECTION OF A
GENERAL CONTRACTOR, PERFORMS OR OFFERS TO PERFORM
ANY WORK THAT IMPACTS UPON THE STRUCTURAL
INTEGRITY OF A STRUCTURE OR ADDITION, INCLUDING
REPAIR, ALTERATION, DISMANTLING OR DEMOLITION OF A
STRUCTURE OR ADDITION THAT EXCEEDS THE THRESHOLD
LIMITS PROVIDED IN SECTION 29-276b. SUCH WORK
INCLUDES, BUT IS NOT LIMITED TO, ROOFING, MASONRY
AND STRUCTURAL FRAME WORK.
[(a) On and after July 1, 1990, no] (b) NO
person shall engage in or offer to perform the
work of any major contractor in this state on any
proposed structure or existing structure or
addition that exceeds the threshold limits
contained in section 29-276b unless such person
has first obtained a LICENSE OR CERTIFICATE OF
registration as required under the provisions of
chapter 539 or A REGISTRATION from the Department
of Consumer Protection in accordance with the
provisions of this section. Individuals licensed
under chapter 393, AS AMENDED BY THIS ACT, shall
be exempt from the provisions of this chapter
while engaging in work that they are licensed to
perform. If the individual or the firm, company,
partnership or corporation employing such
individual is engaged in work on a structure or
addition that exceeds the threshold limits
contained in section 29-276b and requires
licensure under chapter 393, AS AMENDED BY THIS
ACT, the firm, company, partnership or corporation
shall be exempt from the provisions of this
chapter, AS AMENDED BY THIS ACT, concerning
registration of major contractors, if the firm,
company, partnership or corporation employs an
individual who is licensed as a contractor under
chapter 393, AS AMENDED BY THIS ACT, to perform
such work. The department shall furnish to each
qualified applicant a registration certifying that
the holder [thereof] OF SUCH REGISTRATION is
entitled to engage in the work for which the
person has been issued a registration under this
subsection, and the holder of such registration
shall carry it on his person while engaging in
such work. Such registration shall be shown to any
properly interested person upon request. No such
registration shall be transferred to or used by
any person other than the person to whom the
registration was issued. The department shall
maintain rosters of registrants [updated annually]
and SHALL UPDATE SUCH ROSTERS ANNUALLY. THE
DEPARTMENT may provide copies of rosters to the
public for an appropriate fee. The department may
suspend or revoke any registration issued by [it]
THE DEPARTMENT if the holder [thereof] OF SUCH
REGISTRATION is convicted of a felony, is grossly
incompetent, engages in malpractice or unethical
conduct or knowingly makes false, misleading or
deceptive representations regarding his work or
violates any regulation [established] ADOPTED
under SUBSECTION (c) OF this section. Before any
registration is suspended or revoked, such holder
shall be given notice and AN opportunity for
hearing as provided in regulations [established]
ADOPTED under subsection [(b)] (c) of this
section.
[(b) "Major contractor" means (1) any person
engaged in the business of construction,
structural repair, structural alteration,
dismantling or demolition of a structure or
addition that exceeds the threshold limits
provided in section 29-276b or (2) any person who,
under the direction of a general contractor,
performs or offers to perform any work that
impacts upon the structural integrity of a
structure or addition, including repair,
alteration, dismantling or demolition of a
structure or addition that exceeds the threshold
limits provided in section 29-276b. Such work
includes, but is not limited to, roofing, masonry
and structural frame work.]
(c) [Not later than January 1, 1990, the] THE
Commissioner of Consumer Protection shall adopt
regulations, in accordance with [the provisions
of] chapter 54, to implement the provisions of
[subsection (a) of] this section. Such regulations
shall (1) establish the registration requirements
for major contractors, (2) specify application and
registration fees, and (3) establish occupational
standards for the preservation of the public
safety.
Sec. 42. Section 20-342 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter, AS AMENDED BY THIS
ACT, unless the context otherwise requires:
(1) "Person" means any individual, firm,
association, partnership, joint stock association,
trust, limited liability company or corporation;
(2) "Board" means the STATE Board of
Television and Radio Service Examiners
[hereinafter created] APPOINTED UNDER THE
PROVISIONS OF SECTION 20-343, AS AMENDED BY THIS
ACT;
(3) "Licensed electronics technician" means
any individual who has been licensed by the board
pursuant to the provisions of section 20-350, AS
AMENDED BY THIS ACT;
(4) "Apprentice electronics technician" means
an individual to whom a permit as an apprentice
has been issued pursuant to the provisions of
section 20-351;
(5) "Licensed antenna technician" means any
individual licensed pursuant to section 20-353, AS
AMENDED BY THIS ACT;
(6) "Licensed radio electronics technician"
means any individual licensed pursuant to section
20-353, AS AMENDED BY THIS ACT;
(7) "Receiving equipment" means television or
radio receiving apparatus and associated
components, including, but not limited to, antenna
receiving systems, phonographs, tape recorders and
audiovisual equipment;
(8) "Service" means the installation,
maintenance, repair, replacement, inspection and
modification of receiving equipment; and
(9) "Service dealer" means a person engaging
in the business of servicing receiving equipment,
having an established location for the performance
of such service.
Sec. 43. Section 20-343 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There shall be within the Department of
Consumer Protection a State Board of Television
and Radio Service Examiners which shall administer
and enforce the provisions of this chapter, AS
AMENDED BY THIS ACT. [Said] THE board shall
consist of five members appointed by the Governor,
three OF WHOM SHALL BE public members, and two OF
WHOM SHALL BE television technicians [, both of
whom shall] WHO meet the qualifications of
subsection (a) of section 20-350, AS AMENDED BY
THIS ACT. The Governor shall fill vacancies by
appointment for the unexpired portion of the term.
Members of the board shall serve without
compensation but shall be reimbursed for necessary
expenses incurred in the performance of their
duties.
(b) ANNUALLY, DURING THE MONTH OF JULY, THE
BOARD SHALL ELECT ONE OF ITS MEMBERS AS CHAIRMAN
AND ANOTHER AS SECRETARY. THE BOARD SHALL MEET AT
LEAST QUARTERLY ON A DATE AND AT A TIME AND PLACE
WHICH IT SHALL DETERMINE AND AT SUCH OTHER TIMES
AS MAY BE SPECIFIED UPON THE CALL OF THE CHAIRMAN
OR OF THREE MEMBERS.
Sec. 44. Subsection (a) of section 20-344 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Consumer Protection,
with the advice and assistance of the board shall:
(1) Establish such qualifications for the
licensing and registration of electronics
technicians, apprentice electronics technicians,
antenna technicians, radio electronics technician
and service dealers, in addition to the
qualifications prescribed by this chapter, AS
AMENDED BY THIS ACT, as the commissioner finds
necessary for the public interest and public
safety; (2) prescribe limitations and conditions
governing the employment of licensed electronics
technicians and the employment, training and
supervision of apprentice electronics technicians
and the conduct of apprenticeship programs; (3)
effectuate means of eliminating irresponsible and
inferior television and radio service methods and
means of regulating unethical and financially
unstable radio and television service and
[repairmen] REPAIR PERSONS; (4) provide for the
posting by service dealers of their charges at
their places of business in such manner as to be
clearly visible; and (5) [make all] ADOPT such
reasonable [rules and] regulations, IN ACCORDANCE
WITH CHAPTER 54, as the commissioner may deem
necessary or desirable to carry out and enforce
the provisions of this chapter, AS AMENDED BY THIS
ACT.
Sec. 45. Section 20-346 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The board may hold hearings on any matter
under the provisions of this chapter, AS AMENDED
BY THIS ACT. Such hearings shall be conducted in
accordance with the regulations [established]
ADOPTED by the Commissioner of Consumer Protection
IN ACCORDANCE WITH CHAPTER 54.
Sec. 46. Subsection (c) of section 20-349 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) Any person desiring to be licensed UNDER
THIS CHAPTER, AS AMENDED BY THIS ACT, shall apply
to the board in writing, on forms which the
Department of Consumer Protection shall provide,
stating: [his] (1) SUCH PERSON'S name, residence
address and business address; (2) a brief
description of his qualifications, including the
length and nature of his experience; (3) in the
case of an apprentice, the name of his employer or
supervisor; and (4) such other information as the
department may require. Each application for a
license as a service dealer shall be [subject to]
ACCOMPANIED BY a fee of one hundred dollars. [and
each] EACH application for a license as a licensed
electronics technician, [or] licensed antenna
technician or licensed radio electronics
technician shall be [subject to] ACCOMPANIED BY a
fee of forty dollars. [and each] EACH application
for a permit as an apprentice shall be [subject
to] ACCOMPANIED BY a fee of twenty dollars. [;
provided, if] IF a service dealer as an individual
is a licensed electronics technician or licensed
radio electronics technician, only one license fee
shall be charged in the amount of one hundred
dollars. On receipt of an application under the
provisions of this section, the board may, for an
additional fee of twenty dollars, authorize [said]
THE department to issue a temporary permit which
will [permit] ALLOW the applicant to serve in the
capacity for which he seeks licensure until the
next examination for such license, provided only
one such temporary permit shall be issued to such
applicant. All SUCH fees shall be paid to the
department.
Sec. 47. Subsection (c) of section 20-350 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The board may authorize the Department of
Consumer Protection to issue a service dealer's
license to (1) any person engaged in the sale or
servicing of receiving equipment who holds an
unrestricted electronics technician license, [or
to] (2) any such person who has a holder of such a
license in his employ, or [to] (3) any such person
who otherwise procures the services of a holder of
such a license. [, provided, when] WHEN a service
dealer license has been issued to an applicant
UNDER THIS SUBSECTION based on the qualifications
of a regular employee who has been issued an
unrestricted electronics technician license, and
the active services of such employee with the
service dealer licensee have been terminated, such
service dealer license shall be of no effect until
the service dealer is again qualified in
accordance with the provisions [hereof] OF THIS
SUBSECTION, and no such service dealer shall
engage in the business [hereby] regulated BY THIS
CHAPTER, AS AMENDED BY THIS ACT, during the period
for which he is not so qualified.
Sec. 48. Section 20-353 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Department of Consumer Protection, at
the direction of the board, [shall have authority
to] MAY issue restricted licenses, either as
apprentice electronics technician, electronics
technician, antenna technician or radio
electronics technician, to applicants otherwise
eligible [hereunder] UNDER THIS CHAPTER, AS
AMENDED BY THIS ACT, who demonstrate their
competence in any particular television or radio
electronics field but who, in the opinion of the
board, have insufficient training and experience
to service all types of receiving equipment.
(b) The board, with the consent of the
Commissioner of Consumer Protection, may prepare
written, oral and practical examinations to
determine the qualifications of persons who apply
for restricted licenses or renewals [thereof] OF
SUCH LICENSES. Such examinations shall be
administered by the Department of Consumer
Protection.
Sec. 49. Section 20-354 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The board may revoke or suspend any
license or permit as a service dealer, electronics
technician, apprentice electronics technician,
antenna technician or radio electronics technician
for: (1) Conduct of a character likely to mislead,
deceive or defraud the public or the board; (2)
engaging in any untruthful or misleading
advertising; and (3) violation of any of the
provisions of this chapter, AS AMENDED BY THIS
ACT, or any regulation [established thereunder]
ADOPTED UNDER THIS CHAPTER, AS AMENDED BY THIS
ACT.
(b) No such revocation or suspension shall be
ordered by the board except upon notice and
hearing as provided in the regulations
[established] ADOPTED by the Commissioner of
Consumer Protection IN ACCORDANCE WITH CHAPTER 54.
Sec. 50. Section 20-355 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Each person engaged in servicing receiving
equipment shall exhibit his license upon THE
request of any interested party.
(b) No person shall: [present] (1) PRESENT or
attempt to present, as his own, the license of
another; [or] (2) knowingly give false evidence of
a material nature to the board, or any member
[thereof] OF THE BOARD, for the purpose of
procuring a license; [or] (3) represent himself
falsely as or impersonate a licensed service
dealer, licensed electronics technician,
apprentice electronics technician, licensed
antenna technician or licensed radio electronics
technician; [or] (4) use or attempt to use a
license or permit which has expired or which has
been suspended or revoked; or (5) use or attempt
to use a license or permit which is restricted in
excess of the restriction imposed [thereon] ON
SUCH LICENSE OR PERMIT. Any person who violates
any provision of this chapter, AS AMENDED BY THIS
ACT, shall be fined not more than five hundred
dollars or imprisoned for not more than one year
or be both fined and imprisoned.
(c) Licenses issued to service dealers,
electronics technicians, apprentice technicians,
antenna technicians and radio electronics
technicians UNDER THIS CHAPTER, AS AMENDED BY THIS
ACT, shall not be transferable.
(d) All licenses issued UNDER THIS CHAPTER, AS
AMENDED BY THIS ACT, shall expire annually. If a
licensee has failed to renew his license within
one year after its expiration, his application for
renewal shall be considered as a new application
under section 20-350, AS AMENDED BY THIS ACT.
Sec. 51. Section 20-356 of the general
statutes is repealed and the following is
substituted in lieu thereof:
All charges to customers made by persons
licensed [hereunder] UNDER THIS CHAPTER, AS
AMENDED BY THIS ACT, for installing, servicing,
maintaining or repairing receiving equipment shall
be made out in duplicate form, one of which shall
be delivered to the customer when completed and
shall state indelibly, accurately and clearly the
date or dates when the work was performed, the
make, model and serial number of the receiving
equipment, the full name and license number of the
licensed person, the name and address of the
customer, the customer complaint, and a
computation of the charge. Such computation shall
separately specify the work for which such charge
was made and the amount charged for labor and for
each part or replacement, whether such part or
replacement was new or used.
Sec. 52. Subdivision (1) of section 20-367 of
the general statutes, as amended by section 1 of
public act 97-174, is repealed and the following
is substituted in lieu thereof:
(1) "Board" means the [Connecticut] State
Board of Landscape Architects appointed under the
provisions of section 20-368.
Sec. 53. Section 20-372 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The issuance of a license by the
Department of Consumer Protection shall be
evidence that the person named [therein] IN SUCH
LICENSE is entitled to the rights and privileges
of a licensed landscape architect while such
license remains [unrevoked or unexpired] VALID.
The board may deny or refuse to authorize the
issuance of a license by [said] THE department
upon proof of the commission by an applicant of
any act or omission which would constitute cause
for disciplinary action under this chapter, AS
AMENDED BY THIS ACT, if committed by a licensee.
The department shall keep a record of the names
and addresses of all licensed landscape
architects, which record shall be open to the
public. The department shall keep an index and
record of each license. The license shall contain
the name of the person to whom issued and his
address and principal place of business. Licenses
to practice landscape architecture shall remain in
full force until revoked or suspended for cause,
as provided in section 20-373.
(b) Each landscape architect [so] licensed
UNDER THIS CHAPTER, AS AMENDED BY THIS ACT, shall
have a seal approved by the board, which shall
contain the name of the landscape architect and
the words "licensed landscape architect, state of
Connecticut", and such other words or figures as
the board may deem necessary. Working drawings or
reports prepared for plans or projects which by
the terms of this chapter, AS AMENDED BY THIS ACT,
shall be prepared by a licensed landscape
architect shall be stamped with the seal of the
landscape architect. No person shall designate or
imply that he is the author of such working
drawings or reports unless [he] SUCH PERSON was in
responsible charge of their preparation, whether
made by him personally, or under his immediate
supervision.
Sec. 54. Subsection (a) of section 20-377m of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) A person seeking a certificate of
registration as an interior designer shall apply
to the commissioner in writing, on a form provided
by [said] THE commissioner. Such application shall
include the applicant's name, residence address,
business address and such other information as
[said] THE commissioner may by regulation require.
Sec. 55. Section 20-377n of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Except as provided in [subsections (b),
(c) and (d)] SUBSECTION (b) of this section, no
person shall be issued a certificate of
registration as an interior designer unless [he]
SUCH PERSON submits satisfactory proof that [he]
SUCH PERSON has passed (1) the uniform national
examination established by the National Council
for Interior Design Qualifications or [that he has
passed] (2) any other examination with standards
or requirements equal to or greater than those
established by such council, provided the
requirements [in] OF this subsection shall not [be
applicable] APPLY to an architect licensed in this
state.
(b) The commissioner may issue a certificate
of registration as an interior designer, without
examination, to any person who is currently
registered or licensed in another state having
registration or licensing standards or
requirements equal to or greater than the
standards or requirements established in sections
20-377k to 20-377v, inclusive, AS AMENDED BY THIS
ACT.
[(c) The commissioner shall issue a
certificate of registration as an interior
designer, without examination, to any person who
used or was identified by the title of "interior
designer" for one year or more immediately
preceding October 1, 1983, and who is otherwise
qualified for a certificate of registration as an
interior designer in accordance with the
provisions of sections 20-377k to 20-377v,
inclusive, provided such person applies for such
certificate not later than July 1, 1991.
(d) The commissioner may issue a certificate
of registration as an interior designer to any
person who submits satisfactory proof that he has
passed, prior to October 1, 1988, the uniform
national examination established by the Interior
Design Society of Chicago, Illinois, provided such
person applies for such certificate not later than
July 1, 1989.]
Sec. 56. Section 20-377o of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Upon receipt of a completed application
and fee, the commissioner shall: (1) Issue and
deliver to the applicant a certificate of
registration as an interior designer; or (2)
refuse to issue such certificate. The commissioner
may suspend, revoke or refuse to renew any
certificate issued under sections 20-377k to
20-377v, inclusive, AS AMENDED BY THIS ACT, for
any of the reasons stated in section 20-377s, AS
AMENDED BY THIS ACT.
(b) Upon refusal to issue a certificate, the
commissioner shall notify the applicant of the
denial and of [his] THE APPLICANT'S right to
request a hearing within ten days from the date of
receipt of the notice of denial.
(c) [In the event] IF the applicant requests a
hearing within such ten days, the commissioner
shall give notice of the grounds for [his] THE
COMMISSIONER'S refusal and shall conduct a hearing
concerning such refusal in accordance with the
provisions of chapter 54 concerning contested
[matters] CASES.
Sec. 57. Subsection (a) of section 20-377q of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner may conduct
investigations and hold hearings on any matter
under the provisions of sections 20-377k to
20-377v, inclusive, AS AMENDED BY THIS ACT. [Said]
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.
Sec. 58. Subsection (a) of section 20-377r of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner may revoke or suspend any
certificate of registration as an interior
designer for: (1) Conduct of a character likely to
mislead, deceive or defraud the public or [said]
THE commissioner; (2) gross incompetence or (3)
violation of any of the provisions of sections
20-377k to 20-377v, inclusive, AS AMENDED BY THIS
ACT, or any regulation [established] ADOPTED
pursuant to any of such provisions.
Sec. 59. Section 20-377s of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A registered interior designer shall
exhibit his certificate of registration upon
request by any interested party.
(b) No person shall: (1) Present or attempt to
present, as his 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) represent himself
falsely as, or impersonate, a registered interior
designer or (5) include his certificate number as
a part of any advertisement or represent in any
manner that his certificate of registration
constitutes an endorsement of the quality of his
workmanship or of his competency by the
commissioner.
(c) Certificates of registration issued to an
interior designer shall not be transferable or
assignable.
(d) All certificates of registration issued
under the provisions of sections 20-377k to
20-377v, inclusive, [except those issued during
the period commencing July 1, 1988, and ending
June 30, 1989] AS AMENDED BY THIS ACT, shall
expire annually.
(e) The fee for renewal of a certificate of
registration as an interior designer shall be one
hundred fifty dollars, provided any architect
licensed in this state shall not be required to
pay such fee.
[(f) No certificate of registration issued
during the period commencing July 1, 1988, and
ending June 30, 1989, shall expire prior to July
1, 1989. Commencing July 1, 1989, such
certificates shall expire annually.]
Sec. 60. Section 20-377t of the general
statutes is repealed and the following is
substituted in lieu thereof:
The [Commissioner of Consumer Protection]
COMMISSIONER shall adopt regulations in accordance
with [the provisions of] chapter 54, in order to
carry out the provisions of sections 20-377k to
20-377v, inclusive, AS AMENDED BY THIS ACT.
Sec. 61. Section 20-419 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter, [the following terms
shall have the following meanings] AS AMENDED BY
THIS ACT, unless the context [clearly denotes]
otherwise REQUIRES:
(1) "Certificate" means a certificate of
registration issued under section 20-422.
(2) "Commissioner" means the Commissioner of
Consumer Protection or any person designated by
[said] THE commissioner to administer and enforce
this chapter, AS AMENDED BY THIS ACT.
(3) "Contractor" means any person who owns and
operates a home improvement business or who
undertakes, offers to undertake or agrees to
perform any home improvement. [The term
"contractor"] "CONTRACTOR" does not include a
person for whom the total cash price of all of his
home improvement contracts with all of his
customers does not exceed one thousand dollars
during any period of twelve consecutive months.
(4) "Home improvement" includes, but is not
limited to, the repair, replacement, remodeling,
alteration, conversion, modernization,
improvement, rehabilitation or sandblasting of, or
addition to any land or building or that portion
thereof which is used or designed to be used as a
private residence, dwelling place or residential
rental property, or the construction, replacement,
installation or improvement of driveways, swimming
pools, porches, garages, roofs, siding,
insulation, solar energy systems, flooring,
patios, landscaping, fences, doors and windows and
waterproofing in connection with such land or
building or that portion thereof which is used or
designed to be used as a private residence,
dwelling place or residential rental property, in
which the total cash price for all work agreed
upon between the contractor and owner exceeds two
hundred dollars. "Home improvement" does not
include: (A) The construction of a new home; (B)
the sale of goods by a seller who neither arranges
to perform nor performs, directly or indirectly,
any work or labor in connection with the
installation or application of the goods or
materials; (C) the sale of goods or services
furnished for commercial or business use or for
resale, provided commercial or business use does
not include use as residential rental property;
(D) the sale of appliances, such as stoves,
refrigerators, freezers, room air conditioners and
others which are designed for and are easily
removable from the premises without material
alteration thereof; AND (E) any work performed
without compensation by the owner on his own
private residence or residential rental property.
(5) "Home improvement contract" means an
agreement between a contractor and an owner for
the performance of a home improvement.
(6) "Owner" means a person who owns or resides
in a private residence and includes any agent
thereof. An owner of a private residence shall not
be required to reside in such residence to be
deemed an owner under this subdivision.
(7) "Person" means an individual, partnership,
limited liability company or corporation.
(8) "Private residence" means a single family
dwelling, a multifamily dwelling consisting of not
more than six units, or a unit, common element or
limited common element in a condominium, as
defined in section 47-68a, or in a common interest
community, as defined in section 47-202.
(9) "Salesman" means any individual who (A)
negotiates or offers to negotiate a home
improvement contract with an owner or (B) solicits
or otherwise endeavors to procure by any means
whatsoever, directly or indirectly, a home
improvement contract from an owner on behalf of a
contractor.
(10) "Residential rental property" means a
single family dwelling, a multifamily dwelling
consisting of not more than six units, or a unit,
common element or limited common element in a
condominium, as defined in section 47-68a, or in a
common interest community, as defined in section
47-202, which is not owner occupied.
Sec. 62. Subsection (a) of section 20-420 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) No person shall hold himself out to be a
contractor or salesman without first obtaining a
certificate of registration from the commissioner
as provided in this chapter, AS AMENDED BY THIS
ACT, except that an individual or partner, or
officer or director of a corporation registered as
a contractor shall not be required to obtain a
salesman's certificate. No certificate shall be
given to [anyone] ANY PERSON who holds himself out
to be a contractor that performs radon mitigation
unless such contractor provides evidence,
satisfactory to the commissioner, that the
contractor has attended a program approved by the
United States Environmental Protection Agency and
received a passing score on the national Radon
Contractor Proficiency (RCP) examination.
Sec. 63. Section 20-420a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No corporation shall perform or offer to
perform home improvements in this state unless
such corporation has been issued a certificate of
registration by the [Commissioner of Consumer
Protection] COMMISSIONER. No such corporation
shall be relieved of responsibility for the
conduct and acts of its agents, employees or
officers by reason of its compliance with the
provisions of this section, nor shall any
individual contractor be relieved of
responsibility for home improvements performed by
reason of his employment or relationship with such
corporation.
(b) A qualifying corporation desiring a
certificate of registration shall apply to the
commissioner, in writing, on a form provided by
[said] THE commissioner. [Said] THE application
shall state the name and address of such
corporation, the city or town and the street and
number where such corporation is to maintain its
principal place of business in this state, the
names and addresses of officers, a statement that
one or more individuals who shall direct,
supervise or perform home improvements for such
corporation are registered home improvement
contractors and such other information as [said]
THE commissioner may require.
(c) Any certificate issued by the commissioner
pursuant to this section may be revoked or
suspended by the commissioner after notice and
hearing in accordance with the provisions of
chapter 54 concerning contested [matters] CASES,
if it is shown that the holder of such certificate
has not conformed to the requirements of this
chapter, AS AMENDED BY THIS ACT, that the
certificate was obtained through fraud or
misrepresentation or that the contractor of record
employed by or acting on behalf of such
corporation has had his certificate of
registration suspended or revoked by the
commissioner. The commissioner may refuse to issue
or renew a certificate if any facts exist which
would entitle the commissioner to suspend or
revoke an existing certificate.
(d) Each such corporation shall file with the
commissioner upon application or renewal thereof a
designation of an individual or individuals
registered to perform home improvements in this
state who shall direct or supervise the
performance of home improvements by such
corporation in this state. Such corporation shall
notify the commissioner of any change in such
designation within thirty days after such change
becomes effective.
(e) Each such corporation shall file with the
commissioner upon application or renewal thereof a
certificate of good standing issued by the office
of the secretary of the state. Such corporation
shall notify the commissioner of any change in
corporate good standing within thirty days after
such change becomes effective.
Sec. 64. Subsection (a) of section 20-421 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any person seeking a certificate of
registration shall apply to the commissioner in
writing, on a form provided by [said] THE
commissioner. [Such] THE application shall include
the applicant's name, residence address, business
address, business telephone number and such other
information as [said] THE commissioner may
require.
Sec. 65. Section 20-423 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Upon refusal to issue or renew a
certificate, the commissioner shall notify the
applicant of the denial and of [his] THE
APPLICANT'S right to request a hearing within ten
days from the date of receipt of the notice of
denial.
(b) [In the event] IF the applicant requests a
hearing within such ten days, the commissioner
shall give notice of the grounds for [his] THE
COMMISSIONER'S refusal and shall conduct a hearing
concerning such refusal in accordance with the
provisions of chapter 54 concerning contested
[matters] CASES.
(c) [In the event] IF the commissioner's
denial of a certificate is sustained after such
hearing, an applicant may make new application not
less than one year after the date on which such
denial was sustained.
Sec. 66. Subsection (a) of section 20-424 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner may conduct
investigations and hold hearings on any matter
under the provisions of this chapter, AS AMENDED
BY THIS ACT. [Said] 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.
Sec. 67. Subsection (a) of section 20-426 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner may revoke, suspend or
refuse to issue or renew any certificate of
registration as a home improvement contractor or
salesman or place a registrant on probation or
issue a letter of reprimand for: (1) Conduct of a
character likely to mislead, deceive or defraud
the public or [said] THE commissioner; (2)
engaging in any untruthful or misleading
advertising; (3) failing to reimburse the guaranty
fund established pursuant to section 20-432 for
any moneys paid to an owner pursuant to subsection
(o) of section 20-432; (4) unfair or deceptive
business practices; or (5) violation of any of the
provisions of the general statutes relating to
home improvements or any regulation [established]
ADOPTED pursuant to any of such provisions.
Sec. 68. Section 20-540 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) As used in this section and section
20-541, AS AMENDED BY THIS ACT:
(1) "Gas service work" means the repair,
alteration or maintenance of equipment,
appliances, accessories or fixtures within or
adjacent to a building or structure in connection
with the utilization of gas supplied by a public
service company.
(2) "Public service gas technician" means an
employee of a public service company, as defined
in section 16-1, who is engaged in the supervision
or performance of gas service work.
(b) Notwithstanding any provisions of chapter
393, AS AMENDED BY THIS ACT, to the contrary, a
public service gas technician shall be issued a
certificate of registration by the Department of
Consumer Protection in lieu of any license which
otherwise might be required under said chapter,
which shall entitle the holder [thereof] OF SUCH
CERTIFICATE to perform gas service work only as
provided in this section, provided the public
service company which employs [said] THE public
service gas technician certifies to the Department
of Consumer Protection that the [individual]
EMPLOYEE has obtained such training and experience
deemed necessary by [said] THE public service
company to perform gas service work included in
such employee's job functions. All public service
gas technicians employed by a public service
company prior to July 1, 1995, who have completed
a gas public service company's training program or
are participating in such a program on said date
shall be issued a certificate of registration upon
the payment of the fee required in subsection (h)
of this section.
(c) The content and duration of the training
and experience programs provided by the public
service company shall be relevant to the duties of
the employee and shall be approved biennially by
[the state Apprentice Training Division of] the
Labor Department. In reviewing the programs and
training provided by a public service company, the
[state Apprentice Training Division] LABOR
DEPARTMENT shall consider the specialization of
the employees of the company, the employee's
previous company training, the service record of
the company, the experience of the company in
training employees to perform gas service work and
the quality assurance measures used by the
company.
(d) An employee enrolled in the company's
training programs shall be issued a trainee's
certificate by such company valid for the duration
of the training program and may perform gas
service work only under the supervision of an
employee of the public service company who is a
registered public service gas technician or holds
a journeyman's license.
(e) A public service company employing a
public service gas technician shall inform the
Department of Consumer Protection upon the change
in job description or termination of any
registered public service gas technician
previously certified pursuant to subsection (b) of
this section and upon the issuance or termination
of a trainee's certificate provided to an employee
pursuant to subsection (d) of this section.
(f) A registered public service gas technician
or employee of a public service company issued a
trainee's certificate by such company may only
perform such work on behalf of such public service
company and only while in the direct employment of
such public service company. [, and such] SUCH
registration or trainee's certificate shall be
immediately relinquished upon termination of
employment from such public service company.
(g) A registered public service gas technician
may not supervise any duly registered apprentice
performing work under a permit issued pursuant to
subdivision (4) of subsection (a) of section
20-334a, AS AMENDED BY THIS ACT.
(h) The public service gas technician's
registration shall expire annually. Upon
application for a license, the applicant shall pay
to the department a nonrefundable application fee
of forty-five dollars. The fee for registration as
a public service gas technician shall be the same
fee as that charged for a journeyman's license
UNDER SECTION 20-335, AS AMENDED BY THIS ACT.
(i) The Department of Consumer Protection may
suspend or revoke a certificate granted or issued
by it pursuant to this section if the holder
[thereof] OF SUCH CERTIFICATE is convicted of a
felony, is grossly incompetent, engages in
malpractice or unethical conduct or knowingly
makes false, misleading or deceptive
representations regarding his work. Prior to such
suspension or revocation, such holder shall be
given notice and AN opportunity for hearing as
provided in regulations [established] ADOPTED by
the Commissioner of Consumer Protection. Any
person whose certificate has been suspended may,
after ninety days, apply to the department to have
[the same] SUCH CERTIFICATE reinstated.
(j) The Department of Consumer Protection may,
after notice and hearing, impose a civil penalty
on any person who (1) engages in or practices gas
service work without having first obtained a
trainee's certificate or a certificate of
registration for such work, (2) wilfully employs a
person who does not have a certificate for such
work, (3) wilfully and falsely pretends to qualify
to engage in or practice such work, or (4) engages
in or practices such work after the expiration of
his certificate. Such penalty shall be in an
amount not more than five hundred dollars for a
first violation of this subsection, not more than
seven hundred fifty dollars for a second violation
and not more than one thousand five hundred
dollars for each violation of this subsection
occurring less than three years after a second or
subsequent violation of this subsection.
(k) The Department of Consumer Protection may
act in accordance with the provisions of
subdivision (7) of section 21a-7 in the case of a
person who: (1) Knowingly engages in fraud or
material deception in order to obtain a
certificate to perform gas service work or doing
so in order to aid another in obtaining such a
certificate; (2) performs work beyond the scope of
such a certificate; (3) illegally uses or
transfers such a certificate; (4) performs
incompetent or negligent gas service work; (5)
knowingly makes false, misleading or deceptive
representations to the public regarding gas
service work to be performed; or (6) violates any
provision of the general statutes or any
regulation [established] ADOPTED thereunder,
relating to his profession or occupation.
(l) In lieu of displaying a contractor's
license number, each public service company
authorized pursuant to this section to employ
registered public service gas technicians shall
display its name, logo or other trademark which
clearly identifies the company on all commercial
vehicles used in its business and in a conspicuous
manner on all printed advertisements, bid
proposals, contracts, invoices and on all
stationery used in its business.
Sec. 69. Section 20-541 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Pursuant to sections 16-19 and 16-19a, the
Department of Public Utility Control shall ensure
that a public service company, as defined in
section 16-1, fully recovers the costs of
performing gas service work [, as defined in
section 20-540,] exclusively from charges for the
performance of such work. The Department of Public
Utility Control shall receive complaints
concerning potential violations of this section,
and, for those complaints which the department
determines warrant an investigation, conduct such
investigations.
Sec. 70. Section 20-345 of the general
statutes is repealed.
Approved April 17, 1998