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FIRST REGULAR SESSIONSENATE BILL NO. 11101ST GENERAL ASSEMBLYINTRODUCED BY SENATOR SCHATZ.0467S.01IADRIANE D. CROUSE, SecretaryAN ACTTo amend chapter 324, RSMo, by adding thereto eleven new sections relating to statewidemechanical contractor licenses, with penalty provisions.Be it enacted by the General Assembly of the State of Missouri, as follows:1Section A. Chapter 324, RSMo, is amended by adding thereto2eleven new sections, to be known as sections 324.950, 324.953,3324.956, 324.959, 324.962, 324.965, 324.968, 324.971, 324.977,4324.980, and 324.983, to read as follows:1324.950.1.Sections 324.950 to 324.983 shall be2known and may be cited as the "Missouri Statewide Mechanical3Contractor Licensing Act".42.As used in sections 324.950 to 324.983, unless the5context clearly indicates otherwise, the following terms6shall mean:789(1)"Division", the division of professionalregistration within the department of commerce and insurance;(2)"Field employee", any person who is an employee of10a mechanical contractor and is engaged in mechanical work at11a jobsite within Missouri;121314151617(3)"License holder", any person who is granted astatewide license by the division;(4)"Local license", a valid business or occupationallicense issued by a Missouri political subdivision;(5)"Mechanical contractor", a company engaged inmechanical contracting work per the International Code
2SB 1118Council (ICC) and National Fire Protection Association19(NFPA), including the design, installation, maintenance,20construction, alteration, repair, and inspection of any:21(a)HVAC system;22(b)HVAC duct system;23(c)Exhaust systems;24(d)Combustion air or make up air;25(e)Chimneys and vents;26(f)Hydronic piping systems that are part of an HVAC27system;28(g)Boilers, water heaters, and pressure vessels;29(h)Process piping systems;30(i)Fuel gas distribution piping;31(j)Fuel gas-fired, fuel, and oil-fired appliances;32(k)Fuel oil piping and storage vessels;33(l)Fuel gas-fired and fuel oil-fired appliance34353637383940venting systems;(m)Equipment and appliances intended to utilize solarenergy for space heating or cooling;(n)Domestic hot water heating, swimming pool heating,or process heating;(o)Refrigeration systems, including all equipment andcomponents thereof;41(p)Backflow preventers;42(q)Medical gas piping;43(r)Air, oxygen, and vacuum piping;44(s)Fire suppression systems; and45(t)Chillers and cooling towers.46"Mechanical contractor" shall not include design, service,47maintenance, installation, and inspection of solid-fuel and48gas-fueled hearth appliances, such as wood stoves and
3SB 1149fireplaces, including manufacturer specified venting50systems, fireplace chimneys, outdoor cooking appliances with51manufacturer specified venting systems, outdoor fireplaces52and outdoor firepits.53required by the division for a particular scope of54mechanical work;5556575859(6)Additional certification may be"Office", the office of mechanical contractorswithin the division of professional registration;(7)"Person", an individual, corporation, partnership,association, or other legal entity;(8)"Statewide mechanical contractor license", a valid60license issued by the division that allows the mechanical61contractor and any of its employees or manufacturers'62representatives or subcontractors to practice in any63jurisdiction in Missouri regardless of local licensing64requirements.65member of the work force of a licensed statewide mechanical66contractor to obtain an individual occupational license.1324.953.Political subdivisions shall not require any1.The division shall adopt, implement,2rescind, amend, and administer such rules as may be3necessary to carry out the provisions of sections 324.950 to4324.983.5authorized or as required to explain or clarify sections6324.950 to 324.983 including, but not limited to, rules7relating to professional conduct, continuing competency8requirements for the renewal of licenses, approval of9continuing competency programs, fees, and the establishmentThe division may promulgate necessary rules10of ethical standards of business practice for persons11holding a license under sections 324.950 to 324.983.12rule or portion of a rule, as that term is defined in13section 536.010, that is created under the authority14delegated in this section shall become effective only if itAny
4SB 1115complies with and is subject to all of the provisions of16chapter 536 and, if applicable, section 536.028.17section and chapter 536 are nonseverable and if any of the18powers vested with the general assembly pursuant to chapter19536 to review, to delay the effective date, or to disapprove20and annul a rule are subsequently held unconstitutional,21then the grant of rulemaking authority and any rule proposed22or adopted after August 28, 2021, shall be invalid and void.2324252.For the purpose of sections 324.950 to 324.983, thedivision shall:(1)Establish all applicable fees, set at an amount26which shall not substantially exceed the cost of27administering sections 324.950 to 324.983; and28This(2)Deposit all fees collected under sections 324.95029to 324.983 by transmitting such funds to the department of30revenue for deposit to the state treasury to the credit of31the Missouri mechanical contractor licensing fund.1324.956.There is hereby created the "Office of2Mechanical Contractors" to be housed within the division of3professional registration.4(1)The division shall:Employ, within the limits of the funds5appropriated, persons as are necessary to carry out the6provisions of sections 324.950 to 324.983, including both7administrative and professional staff and legal counsel,8with the discretion to hire experts in mechanical9contracting to advise the division on technical matters1011121314related to mechanical contracting;(2)Exercise all budgeting, purchasing, reporting, andrelated management functions;(3)Conduct investigations to determine compliancewith sections 324.950 to 324.983; and
5SB 11151612(4)File suit in its own name on behalf of the officeto enforce the provisions of sections 324.950 to 324.983.324.959.1.The applicant for a statewide mechanicallicense shall satisfy the following requirements:3(1)Be at least twenty-one years of age;4(2)Provide proof of liability insurance in the amount5of one million dollars and post bond with each political6subdivision in which he or she will perform work as required7by that political subdivision.8requires any license holder to be named on a document,9including but not limited to the bond, the license holder ofIf a political subdivision10the mechanical contractor shall be allowed to provide11services in the political subdivision;1213(3)Pass one of the following standardized andnationally offered mechanical assessment tests:14(a)International Code Council;15(b)Prometric; or16(c)International Association of Plumbing and17Mechanical Officials (IAPMO); or18a similar test that is administered by an independent19professional testing agency not affiliated with any20political subdivision or the state of Missouri and is21approved by the division.22costs associated with the examinations;232425(4)The applicant shall pay for allComplete the application form provided by thedivision and pay any applicable application fees; and(5)Have completed seven thousand five hundred hours26of verifiable field experience in mechanical contracting27work or a bachelor's or further advanced degree in28mechanical or civil engineering from an accredited college29or university with a minimum of three years verifiable
6SB 1130experience directing and supervising at least one field31employee.322.Any applicant for licensure who holds a local33license, or other license authorizing him or her to engage34in mechanical contracting, who has seven thousand five35hundred hours of verifiable field experience in mechanical36contracting work, and who is otherwise eligible for37licensure shall be issued a statewide mechanical license.38The provisions of this subsection shall apply only to39licenses issued by a political subdivision with the legal40authority to issue such licenses.413.If a corporation, firm, institution, organization,42company, or representative thereof desires to engage in43mechanical contracting under sections 324.950 to 324.985, it44shall have in its employ at least one statewide license45holder in accordance with sections 324.950 to 324.983.46statewide mechanical license holder shall represent only one47corporation, firm, institution, organization, or company at48one time.49holder responsible for offering Missouri based field50employees eight contact hours of industry training per year;51such mechanical contractor shall be responsible for52providing proof of training to the division upon request.53In the event of a loss of a license holder, a mechanical54contractor shall remain in good standing with the division55for six months after notifying the division of the change in56status.57shall be registered with the division.58is registered within such six-month period, the division59shall declare the mechanical contractor inactive.60614.AA mechanical contractor shall have one licenseWithin the six-month period, a new license holderIf no license holderThe division may issue a mechanical contractorlicense to any person who holds a current and active license
7SB 1162to engage in the practice of a mechanical contractor or as a63master pipefitter or master plumber issued by any other64state, the District of Columbia, or territories of the65United States that require standards for licensure,66registration, or certification considered to be equivalent67or more stringent than the requirements for licensure under68sections 324.950 to 324.983.695.Where the contact information of a mechanical70contractor's employees is required to fulfill the71obligations of a license, such contact information shall be72considered a trade secret and therefore not a public record73under chapter 610.1324.962.1.Political subdivisions shall not be2prohibited from establishing their own local mechanical3contractor's license but shall recognize a statewide license4in lieu of a local license for the purposes of performing5contracting work or obtaining permits to perform work within6such political subdivision.7require the employees of a statewide licensed mechanical8contractor or its subcontractors' or manufacturers'9representatives to obtain journeyman licenses, apprentice10licenses, or occupation licenses that require passing any11examination or any special requirements to assess12proficiency or mastery of the mechanical trade.13workforce of a statewide licensee shall be deemed eligible14to perform mechanical contracting work and to obtain permits15to perform such work from any political subdivision within16the state of Missouri.172.No political subdivision shallTheIf a political subdivision does not recognize a18statewide license in lieu of a local license for the19purposes of performing contracting work or obtaining permits20to perform work within the political subdivision, a
8SB 1121statewide mechanical contractor licensee may file a22complaint with the division.23investigation into the complaint, and if the division finds24that the political subdivision failed to recognize a25statewide license in accordance with this section, the26division shall notify the political subdivision that the27political subdivision has violated the provisions of this28section and has thirty days to comply with this section.29after thirty days the political subdivision still does not30recognize a statewide license, the division shall notify the31director of the department of revenue, who shall withhold32any moneys the noncompliant political subdivision would33otherwise be entitled to from local sales tax, as defined in34section 32.085, until the director has received notice from35the division that the political subdivision is in compliance36with this section.37into compliance with the provisions of this section, the38division shall notify the director of the department of39revenue, who shall disburse all funds held under this40subsection.41of revenue under this subsection shall not be deemed to be42state funds and shall not be commingled with any funds of43the state.44453.Upon the political subdivision comingThe provisions of this section shall not prohibitany political subdivision in this state from:(1)47this section;48(2)Enforcing any technical code or law contained inRequiring a business license to perform mechanicalcontracting work;50(3)Issuing mechanical contracting permits;51(4)Enforcing technical codes of the political52IfMoneys held by the director of the department4649The division shall perform ansubdivision; and
9SB 11535455(5)Inspecting the work of a statewide mechanicalcontractor.4.Political subdivisions that do not have the56authority to issue or require mechanical contractor licenses57prior to August 28, 2021, shall not be granted such58authority under the provisions of this section.1324.965.There is hereby created in the state treasury2the "Missouri Mechanical Contractor Licensing Fund", which3shall consist of moneys collected under sections 324.950 to4324.983.5and may approve disbursements from the fund in accordance6with sections 30.170 and 30.180.7in the fund shall be used solely for the administration of8sections 324.950 to 324.983.933.080 to the contrary notwithstanding, moneys in this fundThe state treasurer shall be custodian of the fundUpon appropriation, moneysThe provisions of section10shall not be transferred and placed to the credit of general11revenue until the amount in the fund at the end of the12biennium exceeds three times the amount of the appropriation13from the fund for the preceding fiscal year.14any, in the fund which shall lapse is that amount in the15fund which exceeds the appropriate multiple of the16appropriations from the fund for the preceding fiscal year.17The state treasurer shall invest moneys in the fund in the18same manner as other funds are invested.19moneys earned on such investments shall be credited to the20fund.1324.968.1.The amount, ifAny interest andLicenses shall expire on a renewal date2established by the division.The term of licensure shall be3twenty-four months.4notice to the last known address of each person licensed5under sections 324.950 to 324.983 prior to the renewal6date.The division shall mail a renewalFailure to provide the division with the information
10SB 117required for renewal or to pay the required fee after such8notice shall result in the license being declared inactive.9The licensee shall not practice until he or she applies for10reinstatement and pays the required fees. The license shall11be restored if the application for reinstatement is received12within two years of the renewal date.132.In addition to other requirements provided by14sections 324.950 to 324.983 and established by the division,15in order to renew such license under this section, the16person shall have at least sixteen contact hours of industry-17related training.1324.971.Any person operating as a mechanical2contractor in a political subdivision that does not require3the mechanical contractor to hold a local license, or who4operates as a mechanical contractor in a political5subdivision that requires a local license possessed by that6person, shall not be required to possess a statewide license7under sections 324.950 to 324.983 to operate as a mechanical8contractor in such political subdivision.1324.977.The statewide license shall be regulated by2the division of professional registration and not a state-3appointed licensing board.1324.980.1.The division may refuse to issue any2certificate of registration or authority, permit, or license3required under sections 324.950 to 324.983 for one or any4combination of causes stated in subsection 2 of this5section.6of the reasons for the refusal and shall advise the7applicant of his or her right to file a complaint with the8administrative hearing commission as provided by chapter 621.9102.The division shall notify the applicant in writingThe division may cause a complaint to be filed withthe administrative hearing commission as provided by chapter
11SB 1111621 against any holder of any certificate of registration or12authority, permit, or license required by sections 324.95013to 324.983, or any person who has failed to renew or has14surrendered his or her certificate of registration or15authority, permit, or license for any one or any combination16of the following causes:17(1)Use of any controlled substance, as defined in18chapter 195, or alcoholic beverage to an extent that such19use impairs a person's ability to perform the work of any20profession licensed or regulated by sections 324.950 to21324.983;22(2)The person has been finally adjudicated and found23guilty, or entered a plea of guilty or nolo contendere, in a24criminal prosecution under the laws of any state or of the25United States, for any offense reasonably related to the26qualifications, functions, or duties of any profession27licensed or regulated under sections 324.950 to 324.983, for28any offense involving a controlled substance, or for any29offense an essential element of which is fraud, dishonesty,30or an act of violence;31(3)Use of fraud, deception, misrepresentation, or32bribery in securing any certificate of registration or33authority, permit, or license issued under sections 324.95034to 324.983 or in obtaining permission to take any35examination given or required under sections 324.950 to36324.983;37(4)Obtaining or attempting to obtain any fee, charge,38tuition, or other compensation by fraud, deception, or39misrepresentation;4041(5)Incompetency, misconduct, gross negligence, fraud,misrepresentation, or dishonesty in the performance of the
12SB 1142functions or duties of any profession licensed or regulated43by sections 324.950 to 324.983;44(6)Violation of, or assisting or enabling any person45to violate, any provision of sections 324.950 to 324.983, or46of any lawful rule or regulation adopted thereunder;47(7)Impersonation of any person holding a certificate48of registration or authority, permit, or license or allowing49any person to use his or her certificate of registration or50authority, permit, license, or diploma from any school;51(8)Disciplinary action against the holder of a52license or other right to practice any profession regulated53by sections 324.950 to 324.983 granted by another political54subdivision, state, territory, federal agency, or country55upon grounds for which revocation or suspension is56authorized in this state;575859(9)A person is finally adjudged mentally incompetentby a court of competent jurisdiction;(10)Assisting or enabling any person to practice or60offer to practice any profession licensed or regulated by61sections 324.950 to 324.983 who is not licensed or62registered and currently eligible to practice thereunder;63(11)Issuance of a certificate of registration or64authority, permit, or license based upon a material mistake65of fact;6667(12)Failure to maintain liability coverage asrequired for initial licensure;68(13)Violation of any professional trust or confidence;69(14)Use of any advertisement or solicitation which is70false, misleading, or deceptive to the general public or71persons to whom the advertisement or solicitation is72primarily directed; or
13SB 11737475(15)Failure to post bond as required by any localjurisdiction.3.After the filing of such complaint, the proceedings76shall be conducted in accordance with the provisions of77chapter 621.78commission that the grounds provided in subsection 2 of this79section for disciplinary action are met, the division may,80singly or in combination, censure or place the person named81in the complaint on probation on such terms and conditions82as the division deems appropriate for a period not to exceed83five years, or may suspend, for a period not to exceed three84years, or revoke any certificate of registration or85authority, permit, or license issued under sections 324.95086to 324.983.874.Upon a finding by the administrative hearingAn individual whose certificate of registration or88authority, permit, or license has been revoked shall wait89three years from the date of revocation to apply for any90certificate of registration or authority, permit, or license91under sections 324.950 to 324.983.92registration or authority, permit, or license shall be93issued at the discretion of the board after compliance with94all the requirements of sections 324.950 to 324.983 relative95to the licensing or registration of the applicant for the96first time.975.Any certificate ofThe division may file suit to enforce compliance,98including the authority to seek injunctions and restraining99orders to enjoin any person from:100(1)Offering to engage or engaging in the performance101of any acts or practices for which a license is required102upon a showing that such acts or practices were performed or103offered to be performed without a certificate of104registration or authority, permit, or license;
14SB 11(2)105Engaging in the practice of business authorized by106a license issued under a building trades contractor law upon107a showing that the license holder presents a substantial108probability of serious harm to the health, safety, or109welfare of any resident of this state or owner or lessee of110real property within this state; or(3)111Refusing to recognize a statewide license as a112valid license within any political subdivision, or requiring113journeymen or apprentices to be individually licensed or114requiring subcontractors' and manufacturers'115representatives, or other members of the contractor's116workforce to be licensed.6.117The division may assess fines for violations of any118of the provisions of sections 324.950 to 324.983 in an119amount not to exceed five thousand dollars per occurrence120upon a judicial or administrative finding of violation of121law.1221231247.The division may compel the production ofdocuments, things, or persons by subpoena.8.The division may refer any violations of the125provisions of any state law or local ordinance relating to126the work performed by a licensee to the appropriate state or127local official.1324.983.1.Any person that knowingly violates any2provision of sections 324.950 to 324.983 is guilty of a3class B misdemeanor.42.Any officer or agent of a corporation or member or5agent of a partnership or association who knowingly and6personally participates in or is an accessory to any7violation of sections 324.950 to 324.983 is guilty of a8class B misdemeanor.
15SB 1193.The division may file suit for any violation of10sections 324.950 to 324.983 in any court of competent11jurisdiction and perform such other acts as may be necessary12to enforce the provisions of sections 324.950 to 324.983.
31 (j) Fuel gas-fired, fuel, and oil-fired appliances; 32 (k) Fuel oil piping and storage vessels; (l) 33 Fuel gas-fired and fuel oil-fired appliance 34 venting systems; (m)35 Equipment and appliances intended to utilize solar 36 energy for space heating or cooling; 37 (n) Domestic hot water heating, swimming pool heating, 38 or process heating;
