1 cmr 237 requirements for all candidates and licensees’ regulatory authority: m.g.l. c. 141, §2

1

CMR 237 Requirements

For All Candidates and

Licensees’

REGULATORY AUTHORITY:M.G.L. c. 141, §2.

237 CMR 17.00: Mandatory Continuing Education (MCE)

“Private educational organizationPrivate educational organization”, a non-public entity, including an individual, firm, partnership, association, corporation, organization, trust or other legal entity or combination of such entities, that maintains a place of business within the commonwealth or solicits business within the commonwealth to provide classroom provide classroom instruction, distance education or bothinstruction, distance education or both.

or

“Private occupational schoolPrivate occupational school”, a private educational organization, not specifically exempted by subsection (c), that conducts coursesthat conducts courses, for profit or by charging tuition, for the purpose of training or preparing individuals for a business, trade, technical or industrial occupation, or any other vocational purpose, including correspondence schools, private business schools, private trade schools and similar entities designated by the division.

Occupational Schools Pursuant to G.L. c. 112, § 263, DPL is responsible for licensing and regulating private occupational schools, effective August 1, 2012. Additional information is available here . REGULATORY AUTHORITY:

M.G.L. c. 141, §2.

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter112/Section263

http://www.mass.gov/ocabr/government/oca-agencies/dpl-lp/schools/notice.html


“Private educational organizationPrivate educational organization”,

“Private occupational schoolPrivate occupational school”,

17.01: Requirements for Licensees17.02: Requirements for Continuing Education Providers and Instructors


http://www.mass.gov/ocabr/licensee/dpl-boards/el/regulations/rules-and-regs/237-cmr-1700.html

http://www.mass.gov/ocabr/licensee/dpl-boards/el/regulations/rules-and-regs/237-cmr-1700.html




17.01: Requirements for Licensees(1) Continuing Education Requirement.

(a) Except as otherwise provided in 237 CMR 17.01, each licensee of the Board, as a condition for license renewal, shall present evidence satisfactory to the Board that in the three year period before license renewal he or she has completed 21 clock hours of continuing education.






(a) Except as otherwise provided in 237 CMR 17.01, each licensee of the Board, as a condition for license renewal, shall present evidence satisfactory to the Board that in the three year period before license renewal he or she has completed 21 clock hours of continuing education.

Inspectors of Wires appointed pursuant to M.G.L. c. 166, § 32, electrical inspectors/ investigators employed by the Division of Professional Licensure and members of the Board shall complete the required 15 hours of mandatory continuing education within the first year within the first year of the release of the updated edition of the Massachusetts Electrical Code, 527 release of the updated edition of the Massachusetts Electrical Code, 527 CMR 12.00 CMR 12.00 as a condition of license renewal.

Notwithstanding the previous provisions of 237 CMR 17.01,






(a) Except as otherwise provided in 237 CMR 17.01, each licensee of the Board, as a condition for license renewal, shall present evidence satisfactory to the Board that in the three year period before license renewal he or she has completed 21 clock hours of continuing education

Of the required 21 clock hours, 15 clock hours 15 clock hours shall be on topics related to the Massachusetts Electrical Code, business, law and related topics with a provider in area of study approved by the Board approved by the Board and six six may be may be in a areas chosen by the licensee for in a areas chosen by the licensee for professional development professional development in the subjects of Electrical Code, business, law, first aid, Safety and Building Code and related topics.

Types I and II Continuing Education Programs






(a) … . Inspectors of Wires appointed pursuant to M.G.L. c. 166, § 32, electrical inspectors/ investigators employed by the Division of Professional Licensure and members of the Board shall complete the required 15 hours of mandatory continuing education within the first year within the first year of the release of the updated edition of the Massachusetts Electrical release of the updated edition of the Massachusetts Electrical Code, 527 CMR 12.00 Code, 527 CMR 12.00 as a condition of license renewal.

Effective for all licenses expiring on or after July 31, 2010, in addition in addition to the required hours for renewal as provided above each Inspector of Wires Inspector of Wires appointed pursuant to the provisions of M.G.L. c. 166, s. 32 M.G.L. c. 166, s. 32 shall complete in each license cycle 12 hours 12 hours of of continuing education continuing education in courses approved by the Boardapproved by the Board.

Type III Continuing Education Program

Notwithstanding [ in lieu of] the previous provisions of 237 CMR 17.01,






(a) … . Inspectors of Wires appointed pursuant to M.G.L. c. 166, § 32, electrical inspectors/ investigators employed by the Division of Professional Licensure and members of the Board shall complete the required 15 hours of mandatory continuing education within the first year within the first year of the release of the updated edition of the Massachusetts Electrical Code, 527 CMR 12.00 release of the updated edition of the Massachusetts Electrical Code, 527 CMR 12.00 as a condition of license renewal.

For purposes of the immediately preceding sentence, the required 12 the required 12 hours of continuing education shall be completed in a continuing hours of continuing education shall be completed in a continuing education program sponsored by an association of Inspectors of Wires education program sponsored by an association of Inspectors of Wires recognized by the Board and instructed by Board approved providers of recognized by the Board and instructed by Board approved providers of continuing education.continuing education.

Effective for all licenses expiring on or after July 31, 2010, in addition to the required hours for renewal as provided above each Inspector of Wires appointed pursuant to the provisions of M.G.L. c. 166, s. 32 shall complete in each license cycle 12 hours of continuing education in courses approved by the Board.

Continued… Type III Continuing Education Program






(b) Class A and B Licensees engaging in electrical work within Massachusetts shall complete a course of study which shall consist of 15 clock hours of instruction given by Board-approved providers focusing on the then in effect edition of the Massachusetts Electrical Code, 527 CMR 12.00, as adopted by adopted by the Board,the Board, and other rules, regulations and topics

(b) Class A and B Licensees who reside outside Massachusetts shall complete 15 clock hours focusing on the electrical code then in effect and adopted by adopted by the jurisdiction the jurisdiction in which they reside.

Type I, Class I of Continuing Education Program

Type I, Class II of Continuing Education Program






Type I, Class III of Continuing Education Program

(c) Class C and D Licensees engaging in systems work and security systems work within within Massachusetts Massachusetts shall complete a course of study which shall consist of 15 clock hours 15 clock hours of instruction given by Board-approved providers focusing on the then in effect then in effect applicable chapters of the edition of the Massachusetts Electrical Code, 527 CMR applicable chapters of the edition of the Massachusetts Electrical Code, 527 CMR 12.00, 12.00, as adopted by the Boardadopted by the Board, the edition of the 72 NFPA Code of Fire Alarm Syste72 NFPA Code of Fire Alarm Systems that is then in effectthen in effect, these Rules and Regulations, M.G.L. c. 147 and related rules, regulations and statutes.






Type I, Class IV of Continuing Education ProgramContinued… .(c) Class C and D Licensees who reside outside Massachusetts reside outside Massachusetts shall complete 15 15 clock hours clock hours focusing on the then in effect electrical code adopted by the electrical code adopted by the jurisdiction jurisdiction in which they residethey reside, the edition of the 72 NFPA Code of Fire Alarm Systems that is then in effect M.G.L. c. 147 and related rules, regulations and statutes






Continued…(b) In addition to the 15 clock hours of instruction noted above, six additional six additional hours hours shall be completed and may be in a areas chosen by the licensee areas chosen by the licensee for professional development in the subjects of electrical code, business, law, first aid, safety and building code and related topics.

It shall be the licensee's responsibility licensee's responsibility to ensure that their provider provider has been approved by the Boardapproved by the Board.

Type II of Continuing Education Program

REQUIRED

REQUIREDFor ALL licensee’s

For ALL licensee’s

Except IOW

Except IOW





(2) Waiver/Exemption of Continuing Education Requirement. The Board may, at its discretion, consider a written request for a waiver from the continuing education requirement under the following circumstances:

(a) Illness or Disability. A request for a waiver based on illness, disability, or other medically-related condition shall be in writing, under oath, and accompanied by a letter addressed to the Board written and signed by a licensed medical doctor stating the nature of the licensee's medical condition and the correlation between that condition and the licensee's inability to complete the required continuing education within the required period.






(b) Exemption of 15/6 Hour Programs. Instructors and or providers who teach two 15 clock hour seminars/courses per cycle on the Massachusetts Electrical Code and related rules, regulations and topics are exempt of the continuing education requirements.






(c) Issuance of License Ninety (90) Days Preceding Renewal Date. Any holder of a license issued by the Board following examination or by reciprocity during the ninety (90) days preceding the license renewal date may, at the discretion of the Board, be given a waiver of such continuing education requirement for the license renewal cycle in effect at the time of licensure.






(d) Other Good Cause. The Board may consider the granting of a waiver of the continuing education requirement for other good cause shown. Such request must be in writing under oath, and shall be accompanied by any supporting materials the licensee wishes the Board to consider in ruling on the waiver request





(3) Failure to complete Continuing Education Requirement. Any licensee who does not complete the required 21 clock hours of continuing education by the license renewal deadline shall complete one additional 21 clock hour course for each renewal cycle for which the licensee is delinquent. Each such course shall be provided by a different instructor. If a licensee fails to complete continuing education requirements for three consecutive renewal cycles, any subsequent renewal shall be subject to Board review and approval and licensee may elect to be re-examined.

(4) Completion of MCE with Same Provider. Licensees residing within Massachusetts shall complete the 15 clock hours of required continuing education with the same provider whether or not the provider conducts the course at different locations. Licensees residing outside Massachusetts may acquire the required 15 clock hours of continuing education from one or more providers.





(5) Certificate/Documentation.

(a) Upon successful completion and documentation of the 15 clock hours of continuing education, each licensee shall receive from their provider a certificate of completion as covered in section 17.02 (5)(a). Each licensee shall retain such documentation for three renewal cycles, and shall furnish it to the Board for verification of completion of the required continuing education if so requested






(b) Upon successful completion and documentation of the six clock hours of professional development continuing education, each licensee shall receive from the seminar course sponsor or provider a certificate of completion as covered in section 17.02 (5)(b). Each licensee shall retain such documentation for three renewal cycles and shall furnish it to the Board for verification of completion of the professional development continuing education if so requested.






(c) Upon successful completion and documentation of the required twenty seven (27) clock hours of mandatory continuing education and certification programs as required by the Board pursuant to 237 CMR 17.01(1)(a), each licensee appointed as an Inspector of Wires pursuant to M.G.L. c. 166, s. 32 shall receive from the Board a Certificate indicating qualification for initial or continuing appointment as an Inspector of Wires.





(6) Duplicate Certificate. Any licensee whose certificate of completion has been lost or destroyed shall obtain a stamped duplicate thereof from the provider who originally issued such certificate upon providing to the provider a written request and the reason(s) therefor. It shall be the responsibility of the licensee to such certificate to the Board if so requested by the Board.

(7) Falsification of Information; Illegal Transfer. The falsification of any information relating to the requirements of 237 CMR 17.00 and/or the transfer of a certificate of completion of continuing education and or a certificate of completion of professional development to any individual for purposes of license renewal application shall be grounds for the initiation of formal disciplinary proceedings to revoke or suspend the license(s) of the licensee(s) involved in such misconduct.





17.02: Requirements for All Providers and Seminars/Courses(1) Out of State and Massachusetts Seminars/Courses Providers and Courses

Individuals and entities seeking approval to provide continuing education seminars/courses shall include, but not be limited to: vocational schools, association-sponsored programs, labor training programs, employer training programs, and private instructors.






All individuals and entities seeking Board approval to conduct seminars/courses within Massachusetts within Massachusetts shall complete a Massachusetts provider Massachusetts provider seminars/courses and shall submit to the Board for its review and approval a completed original application original application and agreement form agreement form provided by the Board accompanied by the appropriate application fee, a detailed outline of the course of study offereddetailed outline of the course of study offered, and, if applicable, the names and license numbers of all instructors employed by the provider.names and license numbers of all instructors employed by the provider.

Type I ProviderType I Provider

I.I. Massachusetts provider seminars/courses Massachusetts provider seminars/courses II.II. original applicationoriginal applicationIII.III. agreement form agreement form IV.IV. outline of the courseoutline of the courseV.V. all instructors all instructors [part of agreement form][part of agreement form]






Type II ProviderType II Provider

Out of state providers Out of state providers seeking approval to conduct seminars/courses outside of Massachusetts shall complete a Massachusetts provider seminar Massachusetts provider seminar and complete and submit for approval an agreement form agreement form provided by the Board. The Board may withdraw its approval of any provider or course for good cause shown.

I.I. Massachusetts provider seminar Massachusetts provider seminar II.II. agreement form agreement form





17.02: Requirements for All Providers and Seminars/Courses(2) Instructors/MCE Seminars. Each provider shall notify the Board in writing of any change of his or her instructors within ten days of the change.

(a) Instructor Qualifications and Requirements. All course instructors, instructors, whether teaching independently or employed by an approved provider, shall be licensed shall be licensed electricians.electricians.

(b) MCE Seminar. Each provider Each provider shall attend a Board-sponsored seminarBoard-sponsored seminar on the proper content, administrative procedures and data transfer.

(c) MCE Seminar. As a prerequisite in conducting of continuing education continuing education seminars/courses seminars/courses license holders shall attend Board-sponsored seminars on the proper subject content, the laws of the Commonwealth and Board Rules and Regulations.





17.02: Requirements for All Providers and Seminars/Courses

(3) Provider/Seminar/Course Sponsors - Records. All Providers shall maintain Providers shall maintain for a period of three license renewal cycles three license renewal cycles complete and accurate records records on each licensee to whom the provider has issued a certificate of completion of continuing continuing education; education; as in the case of professional developmentprofessional development-all providers and or providers and or sponsors sponsors shall maintain for a period of three license renewal cycles complete and period of three license renewal cycles complete and accurate records accurate records on each licensee to whom the provider and or sponsor has issued a certificate of professional developmentprofessional development. .

(a) Certificate of completion of Continuing Education Seminar/Course

(b) Certificate of completion of Profession Development Seminar/Course






(c) All providers shall be a current holder of a certificate A, B, C, or D each certificate, in good standing with the board or other licensing agency.

All providers shall maintain in electronic medium acceptable to the board the names, license number(s), of all licensees attending the continuing education seminar(s).

A copy of such shall be submitted to the Board within ten (10) working days of the completion date of such seminar in an electronic medium format acceptable to the Board by email and/or diskette.

All records maintained by the provider shall be made available to the Board or its agents within ten (10) days upon request.

(3) Provider/Seminar/Course Sponsors - Records.






(4) Records Security. Each provider shall be responsible for the security of the Board-issued provider nine digit number and their respective certificate, in accordance with 237 CMR 17.02(5).

(5) Falsification of Information by Provider. The falsification of any information relating to the requirements of 237 CMR 17.00 by the provider shall be grounds for the withdrawal of Board approval of the provider and, where Board licensee(s) are found to be involved, for the initiation of formal disciplinary proceedings against such licensee(s).


29

CMR 237 Requirements

For All Candidates and

Licensees’

237 CMR 18.00: Rules Governing Practice


18.01: Rules Governing Practice(1) Two or more Journeyman electricians shall not associate as partners or otherwise engage in the business or occupation of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures, or other appliances used for light, heat, power, fire warning or security system purposes without obtaining the necessary Master electrician license.

237 CMR 18.00: Rules Governing PracticeREGULATORY AUTHORITY:M.G.L. c. 141, §2.


(2) A licensee shall only engage in the electrical trade or otherwise conduct business in the name printed on his or her license. Any sign, advertisement or other business communication of a Master electrician (Class A) or Journeyman electrician (Class B) or Systems Contractor (Class C) shall indicate the type of license and the license number.



(3) All persons, firms, and corporations engaging in or working at the business of installing wires, conduits, apparatus, devices, fixtures, or other appliances for carrying electricity for light, heat, power, fire warning or security system purposes and employing learners and apprentices shall keep, or cause to be kept, accurate and detailed records of such employment for no less than seven years and shall permit the Board or its agents to inspect and copy such records upon request.



(4) Any licensee performing electrical installations shall comply with the uniform state electrical permit application and notification processes as set forth in M.G.L. c. 143, § 3L and the Massachusetts Electrical Code, 527 CMR 12.00.

(5) Each licensee shall disclose to the Board any pending complaint or finding made against him or her made by a court, other state or federal agency or, where applicable, by a licensing board of another jurisdiction.



(6) Each person, firm, or corporation holding a license and entering into, engaging in, or working at the business of installing, testing, repairing, or maintaining wires, conduits, apparatus, devices, fixtures, or other appliances used for carrying or using electricity for light, heat, power, fire warning or security system purposes shall be governed by the regulations of the Board, all applicable provisions of Massachusetts laws, and any regulations promulgated pursuant to the provisions of such laws; and with respect to all requirements of public safety not therein provided for, such person, firm, or corporation shall be governed by the minimum standards set forth in the Massachusetts Electrical Code, 527 CMR 12.00, provided that such Code and its amendments have been adopted by the Board, and provided further that a copy of the Code as adopted has been filed with the Massachusetts Office of the Secretary of State.



(7) A Journeyman electrician shall have no more than one apprentice/helper under his or her direct supervision or employ.

(8) A Systems Contractor cannot act as an electrical contractor. A Journeyman electrician employed by a Systems Contractor is limited to performing electrical work for the Systems Contractor which is directly related to the provision of power to a security system or fire alarm. This does not preclude the electrician from doing work normally done by Systems Technician.



(9) Requirement to Cooperate with the Board.(a) A licensee or applicant shall respond in the requested timeframe to any written communication from the Board or its designee and shall make available to the Board any requested/relevant records with respect to an inquiry or complaint about the licensee or applicant's professional conduct.(b) A licensee or applicant shall cooperate with any agent or employee acting on behalf of the Board.(c) Failure to abide by the provisions of 237 CMR 18.01(9) shall be grounds for disciplinary action against a licensee and, in the case of an applicant, denial of a license.


“Private occupational schoolPrivate occupational school”, a private educational organization, not specifically exempted by subsection (c), that conducts coursesthat conducts courses, for profit or by charging tuition, for the purpose of training or preparing individuals for a business, trade, technical or industrial occupation, or any other vocational purpose, including correspondence schools, private business schools, private trade schools and similar entities designated by the division.

“Private educational organizationPrivate educational organization”, a non-public entity, including an individual, firm, partnership, association, corporation, organization, trust or other legal entity or combination of such entities, that maintains a place of business within the commonwealth or solicits business within the commonwealth to provide classroom provide classroom instruction, distance education or bothinstruction, distance education or both.

18.02: Submittals, Renewals, Minimum Requirements, Audits and Sanctions for Providers Conducting Learning Objective(s) for all Classes/Types of Licenses

Not



18.02: Submittals, Renewals, Minimum Requirements, Audits and Sanctions for Providers Conducting Learning Objective(s) for all Classes/Types of Licenses

(1) Provider Applications.(a) Providers shall submit for review and approval a written application, on a prescribed form, or other medium acceptable to the Board of State Examiners prior to commencing any advertisement for any objective objective or course.course.(b) Such submittal of application must include learning objective(s), reference books used, the site location, commencement date, if such learning objectives objectives are taught daily or as an evening program, with the starting and completion date.(c) Renewal of application for providership shall be submitted on a prescribed form, or other medium acceptable to the Board for its review and approval not later than 90 days prior to the adoption of a promulgated Electrical Code.(d) Such submittal of application must include a learning objective(slearning objective(s), reference books used, the site location, commencement date, if such learning objectives are taught daily or as an evening program, with the starting and completion dates.




Learning Objective shall mean an individual Electrical, Security, fire alarm, or other systems subject as provided in 237 CMR 22.01.

Course shall mean more than one learning objective taught consecutively without substantial interruption.




(2) Hardships and Makeup Classes.(a) Except as provided in 237 CMR 17.00, for 15 hour Continuing Education ProgramsExcept as provided in 237 CMR 17.00, for 15 hour Continuing Education Programs, providers are required to make available to truant students, who have documented their hardships, a make up class or a written examination on the learning objective for the excused student.(b) Students are required to provide written documentation, within 30 days of such hardship to their provider.(c) No consideration for hardship shall be given to a student, unless written documentation is provided by the student to the provider within 30 days of such hardship and such hardship is accepted by the provider.(d) Students who fail to complete the scheduled make up class or if applicable have not obtained a 70% score on the examination, are required to successfully complete the learning objective to receive credit for such clock hours.(e) No makeup class or examination shall be given for a learning objective where a student is absent for 10% or more in a learning objective. In such situations the student must retake and successfully complete the learning objective to receive credit for such clock hours.




(3) Provider Duties.Provider Duties.

(a) Providers Providers are required to have available for each registered student a written copy of the Board Rules and Regulation and Candidate Information Bulletin then in effect.(b) Providers are required to have available on location, a copy of the related Reports of Proposals and Reports of Comments for the current Electrical Code and other related Regulations.

(c) Agreements.Agreements.1. Providers shall enter into a written signed agreement for the objective(s)objective(s) offered with each student.2. Such signed agreements, upon written request and within 30 days of such request, shall be given to the Board.

Provider means a provider of continuing education approved by the Board.




(d) Providers shall maintain on a prescribed form or other medium acceptable to the Board 'Student Competency Profiles' (SCP) for each student. SCP's must meet the following requirements:

1. Documents each of the learning objective(s) the student has completed with the students name, dates of commencement and completion and the clock hours of successful completion.

2. Are updated by the provider at the end of each semester year.

3. Upon written request and within 30 days of such request, shall be given to the Board. The Board may audit any provider's education program for compliance of Board Rules and Regulations.

(3) Provider Duties.





(e) Certificates of Completion.1. Certificates of Completion Certificates of Completion shall be given to each student upon the completion of each learning objective or course objective or course and shall be incorporated into the student's Electrical Competency Profile.2. Providers shall issue a Certificate of Completion Certificate of Completion only to those students who have successfully completed the learning objective(s) learning objective(s) and have otherwise complied with their agreement.3. Certificates of Completion Certificates of Completion shall have the name of the student, if the learning learning objective(s)objective(s) completed is for the Master's, Journeyman, System's Contractor or Technician exam, the objective (s) name or identifier, the date of commencement and completion, the clock hours for each learning objective the student successfully completed, and the signature of the provider with his or her provider number.4. ProvidersProviders shall maintain Certificates of Completion Certificates of Completion of each student for ten years from the date of completion.5. Certificates of CompletionCertificates of Completion, shall be given to the Board, upon written request and within 30 days of such request.





Certificate of Completion shall mean an 8½ inches by 11 inches Board approved certificate describing the objective(s), objective(s), or in the case of coursecourse describing such course with the date of commencement and completion, the name of the student, in addition the electrical code year of the objective or course objective or course and providers signature and provider number or other means acceptable to the board.




(4) Attendance.

(a) Providers shall maintain attendance records for each student.

(b) Attendance records shall be maintained by the provider for ten years from the date of completion of such objective or course.

(c) For evening and similar programs the provider shall maintain daily attendance records shall be typed with the following information; title of the objective or course, the providers refund policy; the date; the name of each student with provisions for the students' signatures.

(d) Attendance records must be given to the Board within 30 days of such request.




(5) Provider Notification to the Board.

(a) Providers are required to, in a medium acceptable to the Board; provide the Board a detailed list of all enrolled students by objective(s) objective(s) within 30 days of the commencement date of such objective(s).

(b) Providers are required to give to the Board, immediate notification with regards to terminating any agreement with a student.

(c) Providers are required to give to the Board, immediate notification with regards to the withdrawal or the termination of their providership.

(d) A Provider who cancels a learning objective(slearning objective(s) for any reason, shall immediately notify the Board of such cancellation.

(e) Providers shall comply with all Board rules provided in 237 CMR 18.00. Failure to comply with the requirements of 237 CMR 18.00s shall be grounds for removal as a Board approved provider.

“Private occupational schoolPrivate occupational school”, REGULATORY AUTHORITY:M.G.L. c. 141, §2.

Always consult with

the Board of State Examiners’ of Electricians regarding

interpretations of the regulations.