Substitute Senate Bill No. 1101

Public Act No. 99-253

An Act Concerning the Licensing of Certain Sheet Metal Workers.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-330 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this chapter:

(1) "Contractor" means any person regularly offering to the general public services of [his] such person or such person's employees [or himself] in the field of electrical work, plumbing and piping work, solar work, heating, piping, [and] cooling and sheet metal work, fire protection sprinkler systems work, elevator installation, repair and maintenance work or irrigation work as 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 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 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 (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 does not include solar work;

(6) "Apprentice" means any person registered with 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, but does not 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] "Journeyman 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;

(13) "Sheet metal work" means the installation, erection, replacement, repair or alteration of duct work systems, both ferrous and nonferrous; and

(14) "Journeyman sheet metal worker" means an experienced craftsman skilled in the installation, erection, replacement, repair or alteration of duct work systems, both ferrous and nonferrous.

Sec. 2. 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: (1) Electrical work; (2) plumbing and piping work; (3) heating, piping, [and] cooling and sheet metal work; (4) elevator installation, repair and maintenance work; and (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] occupation under this chapter, two of whom shall be unlimited contractors licensed for such [occupations] occupation under this chapter, 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] occupation under this chapter, who at the time of appointment shall be members of a trade union, and three of whom shall be public members.

(c) The Heating, Piping, Cooling and Sheet Metal Work Board shall consist of twelve members who shall be residents of this state and, except as otherwise provided in this subsection, (1) one of whom shall be a general contractor or an unlimited contractor licensed to perform heating, piping and cooling work under this chapter, (2) two of whom shall be unlimited contractors licensed to perform heating, piping and cooling work under this chapter, 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, (3) one of whom shall be a limited contractor licensed to perform sheet metal work under this chapter, provided such member's powers and duties on the board shall be limited to matters concerning sheet metal work, as defined in subdivision (13) of section 20-330, as amended by this act, (4) three of whom shall be unlimited journeymen licensed to perform heating, piping and cooling work under this chapter, who at the time of appointment shall be members of a trade union, (5) one of whom shall be a journeyman sheet metal worker, who at the time of appointment shall be a member of a trade union, provided such member's powers and duties shall be limited to matters concerning sheet metal work, as defined in subdivision (13) of section 20-330, as amended by this act, and (6) four of whom shall be public members. Each person who is a member of the board on the effective date of this act shall continue to serve at the pleasure of the Governor.

[(c)] (d) 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, two of whom shall be unlimited contractors licensed for such occupations under this chapter, 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, who at the time of appointment shall be members of a trade union, and four of whom shall be public members.

[(d)] (e) 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, 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)] (f) 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)] (g) 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 such boards shall, before entering upon the duties of [his] such member's 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. 3. 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, an applicant shall have attained [his] such applicant's eighteenth birthday and shall furnish such evidence of competency as the appropriate board, with the consent of the Commissioner of Consumer Protection, shall require. The applicant shall satisfy such board that [he] such applicant 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] such applicant is applying for a license and can comply with all other requirements of this chapter and the regulations adopted under this chapter. Upon application for 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) and subdivision (4) of subsection (e) of section 20-334a, as amended by this act, or a nonrefundable application fee of seventy-five dollars for a license under subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection (b), [and] subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of subsection (e) of section 20-334a, as amended by this act. The department shall conduct such written, oral and practical examinations as the appropriate board, with the consent of the 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 section 20-334a, as amended by this act, shall, within thirty days following such completion, apply for a licensure examination given by the department. If an applicant does not pass such licensure examination, the 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] such applicant's first examination application, provided, if the applicant does not pass [his] such applicant's third examination [he] the applicant may not be examined again until one year after the date of such third examination. Any apprentice permit issued under 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 following the one-year period from the date of [his] such applicant's third and last unsuccessful licensure examination. Otherwise, such permit shall be revoked as of the date of the first examination given by the department following expiration of such one-year period. When an applicant has qualified for a license, the department shall, upon receipt of the license fee, issue to such applicant a license entitling [him] such applicant 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. 4. Section 20-334a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except as otherwise provided 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 in the trade for which [he] such person 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] such person is competent in all aspects of such trade to be an unlimited contractor. (B) A limited contractor's license may be issued to a person who fulfills the requirements of subparagraph (A) of this subdivision as to a specific area or areas within the trade for which [he] such person seeks a license. (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] such holder has been licensed, furnish supplies and do layout, installation, repair and maintenance work and distribute and handle materials, provided nothing 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. Such licensee shall furnish the board with evidence that [he] such licensee 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 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] such person seeks a license, and has demonstrated [his] such person's 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 subparagraph (A) of this subdivision in a specific area or areas of the trade for which [he] such person seeks a license, provided 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] such person's 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, 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 following completion of [his] an apprentice training program as provided in subdivision (2) of this subsection.

(b) The following licenses for solar work may be issued by the department, upon authorization of the examining board for heating, piping, [and] cooling and sheet metal 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) The following licenses for fire protection sprinkler systems work may be issued by the department: (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, as amended by this act, 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 subdivision (9) of section 20-330, as amended by this act, 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] department.

(d) 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 contractor's license, and (2) an irrigation journeyman's license.

(e) The following licenses for sheet metal work may be issued by the department upon authorization of the examining board for heating, piping, cooling and sheet metal work, under the provisions of section 20-333, as amended by this act, in addition to any licenses or permits issued for such work under subsection (a) of this section:

(1) Prior to July 1, 2000, a limited contractor's license for large commercial sheet metal work may be issued to any person who has worked as a sheet metal contractor or successfully worked in such trade in the capacity of a journeyman sheet metal worker for not less than two years.

(2) On or after July 1, 2000, a limited contractor's license for large commercial sheet metal work may be issued to any person who has (A) served as a journeyman in the trade for which such person seeks a license for not less than two years, and (B) if such service as a journeyman was outside this state, furnished evidence satisfactory to the examining board for heating, piping, cooling and sheet metal work that such service is comparable to similar service in this state.

(3) Prior to July 1, 2000, a limited journeyman's license for large commercial sheet metal work may be issued to any person who has (A) successfully completed a bona fide apprenticeship program, including not less than four years of experience in the trade for which such person seeks a license, or (B) demonstrated such person's competency to perform such work by furnishing proof of continuous employment in such trade for not less than eight thousand hours within the previous five years, subject to the approval of the examining board for heating, piping, cooling and sheet metal work.

(4) On or after July 1, 2000, a limited journeyman's license for large commercial sheet metal work may be issued to any person who has (A) successfully completed a bona fide apprenticeship program, including not less than four years of experience in the trade for which such person seeks a license, and (B) demonstrated such person's competency to perform all services included in the trade for which a license is sought by successfully completing the applicable state licensure examination.

Sec. 5. (NEW) The Heating, Cooling, Piping and Sheet Metal Work Board shall recommend regulations consistent with the provisions of sections 20-332 and 21a-7 of the general statutes, to establish limited contractor and journeyman licenses for light commercial sheet metal work and residential sheet metal work, which shall be adopted by the Commissioner of Consumer Protection in accordance with the provisions of chapter 54 of the general statutes.

Sec. 6. Section 20-340 of the general statutes is repealed and the following is substituted in lieu thereof:

The provisions of this chapter shall not apply to: (1) Persons employed by any federal, state or municipal agency; (2) employees of any public service company regulated by the 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 this state; (4) employees of any contractor while 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, sheet metal 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, sheet metal 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 and sheet metal 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. 7. Section 21a-6 of the general statutes is repealed and the following is substituted in lieu thereof:

The following boards shall be within the Department of Consumer Protection:

(1) The Architectural Licensing Board established under chapter 390;

(2) Repealed by P.A. 93-151, S. 3, 4;

(3) The examining boards for electrical work; plumbing and piping work; heating, piping, [and] cooling and sheet metal work; elevator installation, repair and maintenance work; and fire protection sprinkler systems work established under chapter 393;

(4) The State Board of Television and Radio Service Examiners established under chapter 394;

(5) The Commission of Pharmacy established under chapter 400j;

(6) The State Board of Landscape Architects established under chapter 396;

(7) The State Tree Protection Examining Board established under sections 23-61a to 23-65, inclusive;

(8) The State Board of Examiners for Professional Engineers and Land Surveyors established under chapter 391;

(9) Repealed by P.A. 80-484, S. 175, 176;

(10) The Connecticut Real Estate Commission established under chapter 392;

(11) The Connecticut Real Estate Appraisal Commission established under chapter 400g; and

(12) The State Board of Examiners of Shorthand Reporters established under chapter 400l.

Approved June 29, 1999

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