CHARLES D. BAKER GOVERNOR KARYN E. POLITO LIEUTENANT GOVERNOR JAY ASH SECRETARY OF HOUSING AND ECONOMIC DEVELOPMENT Commonwealth of Massachusetts Division of Professional Licensure Office of Public Safety and Inspections 1 Ashburton Place, Rm 1301 Boston Massachusetts 02108 JOHN C. CHAPMAN UNDERSECRETARY OF CONSUMER AFFAIRS AND BUSINESS REGULATION CHARLES BORSTEL COMMISSIONER, DIVISION OF PROFESSIONAL LICENSURE Minutes Bureau of Pipefitters, Refrigeration Technicians and Sprinklerfitters Division of Professional Licensure 1000 Washington Street, Room 1D Boston, MA 02118 May 17 2017, 10:00 AM 1. Meeting called to order by the Chairman at 10:00 a.m., followed by roll call, the Chairman asked that members identify themselves and whom they represent: Board Members Present: Charles Borstel, Chairman Allan Berry, Refrigeration Technician Member Pauline Lally, User Member Frank Norton, Boston Refrigeration Contractors Sharon Orr, Mechanical Engineer John Viola, Sprinkler Contractor Member Brian Kelly, Mass. Building/Construction Trades Justin Fishlin, Sprinklerfitter Member Jennifer Revill, Public Member Board Members Not Present: Dan Dumont, NE Mechanical Contractors Leo Fahey, Pipefitter Member Guests Present: Robert Silvia, PJ Applicant Richard Shurtleff, PM and RC Applicant Shaun Seckington, RC Applicant George Boucher, II, RT Applicant Philip Warren, RT Applicant Drew Fletcher, SC Applicant Barbara Lagergren, Gould Construction Institute Gordon MacEwan, IAPMO Wayne Thomas, PHCCMA Henry Mattuchio, DAS John Ronan, DLS Dan Kilburn, OPSI Craig Kimball, OPSI Geoffrey Winn, OPSI Stephen Carley, OPSI Cesar I. Lastra, OPSI 2. Minutes: The draft minutes from the April 28, 2017 Bureau meeting were reviewed. Motion to approve the minutes made by Frank Norton, seconded by Allan Berry; motion passed by unanimous vote. 3. Review of the following applications to examine: Robert Silvia (PJ) Approved Application to examine for Pipefitter Journeyman s license submitted by Robert Silvia was considered. Mr. Silvia is licensed in Connecticut and Rhode Island as a Pipefitter. Motion to approve the application made by John Viola, seconded by Frank Norton; motion passed by unanimous vote. Richard Shurtleff (PM) Denied TELEPHONE: (617) 727-3200 FAX: (617) 727-5732 http://www.mass.gov/dps
Application to examine for Master Pipefitter s license submitted by Richard Shurtleff was considered. Mr. Shurtleff is licensed in Rhode Island as a Master-1 Pipefitter. Brian Kelly stated that a past practice of the Bureau is to have the applicant sit for the Journeyman s exam and hold the license for 2,000 hours before they can examine for the Master s license. Motion to deny the application made by John Viola, seconded by Pauline Lally; motion passed by unanimous vote. Richard Shurtleff (PJ) Approved Brian Kelly stated that a past practice of the Bureau is to have the applicant sit for the Pipefitter Journeyman s exam and hold the license for 2,000 hours before they can examine for the Master s license. Jennifer Revill stated that, based on the application that Mr. Shurtleff submitted, he would examine for the Unrestricted Journeyman Pipefitter license. Cesar I. Lastra, Technical Code Coordinator, stated that Mr. Shurtleff s current application will be updated to reflect the Bureau s decision and that he will be notified when to appear for his exam. Mr. Lastra also noted that Mr. Shurtleff will have to reapply to sit for the Master s exam, but notes will be made on Mr. Shurtleff s record to allow him to sit for the Master exam, without going before the Bureau, if he provides the required documentation. Motion to allow Mr. Shurtleff to sit for Unrestricted Journeyman Pipefitter s exam made by Brian Kelly, seconded by Sharon Orr; motion passed by unanimous vote. Richard Shurtleff (RC) Denied Application to examine for Refrigeration Contractor s license submitted by Richard Shurtleff was considered. Mr. Shurtleff is licensed in Rhode Island as a Refrigeration Master-1. Brian Kelly stated that a past practice of the Bureau is to have the applicant sit for the Refrigeration Technician s exam and hold the license for 2,000 hours before they can examine for the Contractor s license. Motion to deny the application made by John Viola, seconded by Justin Fishlin; motion passed by unanimous vote. Richard Shurtleff (RT) Approved Brian Kelly stated that a past practice of the Bureau is to have the applicant sit for the Refrigeration Technician s exam and hold the license for 2,000 hours before they can examine for the Contractor s license. Cesar I. Lastra stated that Mr. Shurtleff s current application will be updated to reflect the Bureau s decision and that he will be notified when to appear for his exam. Mr. Lastra also noted that Mr. Shurtleff will have to reapply to sit for the Contractor s exam, but notes will be made on Mr. Shurtleff s record to allow him to sit for the Contractor exam, without going before the Bureau, if he provides the required documentation. Motion to allow Mr. Shurtleff to sit for Refrigeration Technician s exam made by Brian Kelly, seconded by John Viola; motion passed by unanimous vote. Shaun Seckington (RC) Denied Application to examine for Refrigeration Contractor s license submitted by Shaun Seckington was considered. Mr. Seckington is licensed in Connecticut as a Refrigeration S-1. Mr. Seckington stated that, based on the Bureaus prior motions, he is seeking consideration for the Refrigeration Technician s license. Motion to deny the application made by Brian Kelly, seconded by John Viola; motion passed by unanimous vote. Shaun Seckington (RT) Approved Motion to allow Mr. Seckington to sit for Refrigeration Technician s exam made by Brian Kelly, seconded by Frank Norton; motion passed by unanimous vote. George Boucher, II (RT) Approved Application to examine for Refrigeration Technician s license submitted by George Boucher, II was considered. Mr. Boucher holds a Rhode Island as a Journeyman 2 Refrigeration license. Mr. Boucher has examined for the Refrigeration Technician s license twice in 2014 and 2015, and failed both exams. Motion to approve the application made by Frank Norton, seconded by Allan Berry; motion passed by unanimous vote. Ralph LaVoie, Jr. (RT) Tabled Application to examine for Refrigeration Technician s license submitted by Ralph LaVoie, Jr. was considered. Mr. LaVoie was not present at this meeting. Motion to table the application made by Brian Kelly, seconded by Jennifer Revill; motion passed by unanimous vote.
Russell Ortelt (RT) Tabled Application to examine for Refrigeration Technician s license submitted by Russell Ortelt was considered. Mr. Ortelt was not present at this meeting. Motion to table the application made by Brian Kelly, seconded by Jennifer Revill; motion passed by unanimous vote. Philip Warren (RT) Approved Application to examine for Refrigeration Technician s license submitted by Philip Warren was considered. Mr. Warren has previously examined for the Refrigeration Technician s license and failed the examination. The application before the Bureau was submitted to the former Department of Public Safety in March of 2016 but was denied for failing to provide a Certificate of Completion of Apprenticeship from the Division of Apprenticeship Standards. Motion to approve the application made by Frank Norton, seconded by Brian Kelly; motion passed by unanimous vote. Drew Fletcher (SC) - Approved Application to examine for Sprinkler Contractor s license submitted by Drew Fletcher was considered. Mr. Fletcher is licensed in Connecticut as a Fire Protection Unlimited Contractor and previously held a Massachusetts Journeyman Sprinklerfitter license, which has since expired (2009 to 2012). John Viola acknowledged the Sprinkler Contractor requirement of 300 additional hours of sprinkler fitting study. However, as there is no approved program in Massachusetts to offer such training, Mr. Viola recognized the training Mr. Fletcher attained via the American Fire Sprinkler Association as acceptable. Motion to approve the application made by John Viola, seconded by Frank Norton; motion passed by unanimous vote. James Crump (RT) Approved Application to examine for Refrigeration Technician s license submitted by James Crump was considered. Mr. Crump was not present at this meeting. Cesar I. Lastra informed the Bureau members that Mr. Crump was not present at the April 28 th meeting because he was taking the Refrigeration Technician s license exam, in error. Mr. Crump passed the examination, but Mr. Lastra stated that the Office put a hold on his license until the Bureau could review his credentials. Mr. Crump has examined for the Refrigeration Technician s license in 2014 and 2015 and failed the both exams. Motion to approve the application made by Allan Berry, seconded by Brian Kelly; motion passed by unanimous vote. Greg Provencher (RT) Approved Application to examine for Refrigeration Technician s license submitted by Greg Provencher was considered. Cesar I. Lastra informed the Bureau members that Mr. Provencher was unable to attend the meeting due to health reasons and requested to have his documentation reviewed, as submitted. Mr. Provencher examined for the Refrigeration Technician s license in April of 2016 and failed the exam. The application before the Bureau was submitted to the former Department of Public Safety in August of 2016 but was denied for failing to provide a Certificate of Completion of Apprenticeship from the Division of Apprenticeship Standards. Motion to approve the application made by Allan Berry, seconded by Pauline Lally; motion passed by unanimous vote. 4. Clarification from the Bureau on the processing of Apprentice applications prior to the most recent regulation promulgation (effective September 15, 2014) Cesar I. Lastra addressed the Bureau regarding the review of applications from individuals how entered the trade as trainees prior to the current 528 CMR taking effect on September 15, 2014 and whose applications were denied for not providing documentation of registration with the Division of Apprenticeship Standards; not required at the time they entered their trades. Mr. Lastra stated that, in each of the last two meetings, three applicants went before the Bureau for consideration to examine even though they were previously allowed to examine, but are now denied for not complying with the requirements of the current 528 CMR. Mr. Lastra seeks clarification from the Bureau on the processing of these applications to better serve the applicants and expedite the review process. Several methods to address this matter were proposed by Mr. Lastra, including establishing a cutoff date for compliance or allowing the Office of Public Safety and Inspections (Office) to review these applications to determine if the applicant can sit for the
exam. Pauline Lally requested a written policy from the Office for further review at the next scheduled Bureau meeting. Motion to table the discussion made by Brian Kelly, seconded by Pauline Lally; motion passed by unanimous vote. 5. Discussion of Apprenticeship and Pre-Apprenticeship Requirements with Director Henry Mattuchio, Division of Apprentice Standards Director Henry Mattuchio was requested by Chairman Borstel for clarification on what is the expectation for the Office of Public Safety (OPSI) and Inspections to get from the Division of Apprentice Standards (DAS) once an apprentice completes their program. Director Mattuchio stated that there are two types of applications: Bid Work (Prevailing Wage) and Non Bid Work. If an individual seeking the OPSI apprentice licenses requires the Division of Apprentice Standards Certificate of Completion of Apprenticeship (Certificate), Director Mattuchio stated that DAS requires their company to register, verifies schooling and working hours, and, once apprenticeship is complete, issues the Certificate. The Chairman asked Director Mattuchio if the Certificate confirms that the individual is ready to sit for the exam. Director Mattuchio stated that the Certificate confirms the completion of schooling and work hours, but not exam preparedness. The Chairman clarified his previous comment and asked if the Certificate confirms that the individual is eligible to sit for the exam. Director Mattuchio acknowledged that the Certificate confirms that the individual has met the OPSI requirements to sit for the exam. Certificates apply to Pipefitting and Refrigeration Technicians only, not Sprinkler Fitters per 528 CMR. Brian Kelly asked Director Mattuchio if records of hours and schooling are kept by DAS, which Director Mattuchio confirmed. Mr. Kelly inquired if accepting the information from the applicant or the Certificate from DAS would be sufficient for examination. The Chairman stated that, by engaging with DAS, the vetting process takes the onus from OPSI. Mr. Kelly requested that this topic is incorporated to the written policy that the Bureau will be receiving at their next scheduled meeting. Mr. Kelly introduced the topic of discussed changes to the regulations to lower the age to attain the apprentice license from 18 to 16 as long as the individuals were enrolled in a certified or accredited vocational technical high school. Mr. Kelly noted that this is already included with DAS. Director Mattuchio confirmed that DAS has been working with vocational high schools, regular high schools, and preapprentice companies. The Chairman inquired on the number of applicable hours. Director Mattuchio stated that the number of hours depend on the school; the number of education hours for a pre-apprentice program varies between 70 and 100 hours for the year. Director Mattuchio also noted that if a co-op is started, the company must register with DAS for the monitoring of their program to keep track of where the individuals are placed. In doing so, DAS is able to verify that the individuals are receiving the proper training. The duration of the co-op program will be six to seven months. Director Mattuchio noted that schooling hours are not retained by DAS if the school is not registered, but may be picked up retroactively once in the system. Director Mattuchio informed the Bureau that child labor laws apply differently to registered apprenticeships so as to allow them to work at the age of 16. Mr. Kelly requested a legal opinion from Bureau counsel to clarify the regulatory age requirements in 528 CMR. Stephen Carley, counsel to the Bureau, stated that the statutory definition for apprentice pipefitter, refrigeration apprentice, and apprentice sprinkler fitter have varying standards and that the refrigeration apprentice is required to be 18 years of age. However, it is Mr. Carley s belief that there is no statutory language to prevent the Bureau from establishing pre-apprentice approval apprentice programs through DAS. Mr. Carley reiterated to the Bureau, for clarification, that any implementation made by DAS, on behalf of the Bureau, is a pre-apprentice program and, per 528 CMR as well, there is a hard 18 years of age requirement for classification purposes to prevent the confusion with registered apprentices working under the age of 18. Director Mattuchio inquired John Ronan, Department of Labor Standards (DLS) attorney, on DAS s ability to change their regulations to facilitate the Bureau. Mr. Ronan addressed the Bureau to inform them that DLS handles youth employment laws, in addition to handling DAS, and that there are two laws regulating employment under 16 years of age and employment under 18 years of age. However, Mr. Ronan explained that a general waiver exists in the general laws for students in vocational training and that they are working to amend some of their regulations to align them to the waiver. Mr. Carley stated that it is his belief that the matter can be handled on a sub-regulatory level without having to change 528 CMR and that, as a matter of classification, individuals under the age of 18 that are registered with DAS need to be classified as Pre-Apprentice, if it can be done. Pauline Lally added that individual seeking pre-
apprenticeships do not need to submit an apprentice application to OPSI and, therefore, are not violating the rules. Director Mattuchio added that their ID cards will be labeled as Pre-Apprentice. Sharon Orr stated that the vocation schools varied between the different trades, noting that the refrigeration trade has a vocational school, but not pipefitting. Ms. Orr inquired if there was a way to be inclusive of students training to be pipefitters who may attain the applicable education and training under a related trade. Director Mattuchio stated that it is the school s responsibility to develop the curriculum and DAS will follow the language of 528 CMR, but the curriculum must be applicable to the specific trade. Ms. Lally asked Director Mattuchio if DAS would accept pipefitting training from a registered HVAC program as part of a pipefitter pre-apprenticeship, which Director Mattuchio stated that he would not as the curriculum must be applicable to the specific trade. Director Mattuchio added that individuals can register for on the job training first, and then return to a vocational school for their schooling hours, but schooling is required for the apprentice card. The Chairman stated that the Bureau needs to make the determination if a curriculum is allowable and provide guidance to DAS. Director Mattuchio added that new curriculum received by DAS is submitted for review by the appropriate Board/Bureau for their approval. If approved, DAS follows the curriculum. Ms. Lally raised the concern that, for example, a pre-apprentice in the HVAC or plumbing trade who ends their pre-apprenticeship and registers as a Pipefitter Apprentice would not be able to apply their existing hours towards their apprenticeship. Director Mattuchio stated that in such cases only the work hours would be applied towards the apprenticeship but not the schooling hours. Mr. Kelly requested a legal clarification from the Bureau s counsel as it appeared that the discussion contradicts 528 CMR. Mr. Carley stated that a pre-apprentice cannot be classified as an apprentice or be able to attain an apprentice license, and that it is up to the Bureau to decide what participation in the pre-apprentice program had on a future apprentice license application. Ms. Orr noted that the intent of this discussion was to get students interested in the trade and not to dissuade them from starting it, and that the Bureau s focus on preapprentice hours from an approved program counting towards the apprenticeship puts these students to work legally instead of having them start their registered apprenticeship from the very beginning. Allan Berry asked Bureau counsel if the pre-apprentice could use their hours to apply towards their registered apprenticeship. Mr. Carley stated that the decision to accept hours towards the apprenticeship is up to the Bureau via a regulatory change or having the pre-apprentice seek effectively a variance on a case by case basis. However, a uniform policy could not be adopted in contravention to 528 CMR without amending the regulation. The Bureau and Chairman can push forward for a regulatory or sub-regulatory change, but it is Mr. Carley s belief that the sub-regulatory change would be a more efficient method of getting students to enter the program and become interested in the trades. John Viola asked Bureau counsel how the Bureau may make a motion on the matter. Mr. Carley stated that a motion can be made but he first asked Director Mattuchio how DAS addresses pre-apprentice supervision. Director Mattuchio stated that pre-apprentice supervision is mandatory with a licensed person onsite at all times. Mr. Carley suggested to the Bureau a motion to allow pre-apprentice programs for all three fields and determine on a case by case basis, for anyone who participates on a pre-apprentice program, what affect, if any, it would have on a future license application. Motion to allow pre-apprentice programs for all three fields and to determine on a case by case basis what affect it would have on a future license application made by John Viola, seconded by Brian Kelly; motion passed by unanimous vote. Ms. Orr inquired on how the Bureau would address pre-apprentice schooling hours for pipefitters without a vocational program. Mr. Kelly stated that the Bureau has the flexibility to review circumstances on a case by case basis, as the governing body. Ms. Orr asked if the Bureau would be reviewing those applicants going for the Pre-Apprentice Pipefitter card. Mr. Kelly stated that those individuals would be going before DAS, not the Bureau. Mr. Kelly also added that the Bureau would only be reviewing hours for license exams. The Chairman stated that he wishes to have the topic ongoing with the Bureau to continuously check-in and make sure that it is being addressed accordingly, and that the focus is on the vocational students. 6. Enforcement by the Office of Public Safety and Inspections Daniel Kilburn, District Engineering Inspector Supervisor, provided the Bureau with information on the enforcement efforts made by the Office of Public Safety and Inspections. Mr. Kilburn informed the Bureau of the recent consolidation and how it reduced the number of Engineering inspectors by half, but shifting the focus on Bureau licensing compliance. A compliance inspection report was provided to the members of
the Bureau with figures from the month of April 2017 and from May 1 st to May 15 th. Mr. Kilburn explained that, under the former Department of Public Safety, there were about 20 Bureau compliance inspections a month. However, in the first 15 days in May (11 work days), Mr. Kilburn stated that 46 Bureau compliance inspections were performed. John Viola inquired on the number compliance inspections resulting from a phone call to OPSI. Mr. Kilburn stated that not many inspections result from a call, but OPSI always looks in to the compliance calls it receives. Chairman Borstel stressed the importance of maintaining a close relationship between the Bureau and the OPSI Engineering inspectors. Mr. Kilburn informed the Bureau of the development of an enforcement plan to maintain a balance of compliance inspections amongst the Bureau s three trades. Brian Kelly acknowledged the permitting requirements for sprinkler fitters and provided guidance on locating pipefitting and refrigeration work as it is normally not permitted. Mr. Kelly also acknowledged the efforts to increase enforcement. The Chairman reiterated the importance of enforcement to uphold the integrity of the Bureau licenses. Mr. Kilburn will inform the Bureau of the enforcement plan once it is developed and approved. 7. Matters not reasonably anticipated 48 hours in advance of meeting Sharon Orr inquired on the scheduling of Bureau meetings during the months of July and August. Chairman Borstel stated that the topic will be addressed. 8. Motion to adjourn made by Justin Fishlin, seconded by Jennifer Revill; motion passed by unanimous vote, meeting adjourned at 11:15 AM. The next meeting of the Bureau of Pipefitters, Refrigeration Technicians, and Sprinklerfitters will be on Wednesday, June 21, 2017 at 10:00 AM. The meeting will be held at the Division of Professional Licensure, 1000 Washington Street, Room 1D, Boston, MA 02118. List of Documents/Exhibits Used at this Meeting a. Draft minutes from meeting on April 28, 2017 b. PJ Application Robert Silvia c. PM Application Richard Shurtleff d. RC Application Richard Shurtleff e. RC Application - Shaun Seckington f. RT Application George Boucher, II g. RT Application Ralph LaVoie, Jr. (Tabled until next meeting) h. RT Application Russell Ortelt (Tabled until next meeting) i. RT Application Philip Warren j. SC Application Drew Fletcher k. RT Application - James Crump l. RT Application - Greg Provencher m. 454 CMR 26.00: APPRENTICE STANDARDS n. Division of Apprenticeship Standards Informational Packet o. Division of Apprentice Standards Sponsor Application Package p. Sponsor Application Package Checklist and Invoice q. Bureau of Pipefitters, Refrigeration Technicians, and Sprinkler Fitters Compliance Inspection Report (May 17, 2017)