PRINTER'S NO. 694
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
745
Session of
2023
INTRODUCED BY D. MILLER, GALLOWAY, MADDEN, KINSEY, SANCHEZ,
CIRESI, N. NELSON, SCHWEYER AND NEILSON, MARCH 28, 2023
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MARCH 28, 2023
AN ACT
Providing for the licensure of fire-resistant material
applicators; establishing the Fireproofing Applicator
Licensing Board; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fireproofing
Licensing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Accredited educational and training program." A program
that is:
(1) designed to provide education and training on the
application of fire-resistant materials; and
(2) approved and accredited by the board.
"Board." The Fireproofing Applicator Licensing Board
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established under section 3.
"Certificate." A certificate of licensure issued by the
board indicating that the individual named in the certificate of
licensure is a fire-resistant material applicator.
"Fire-resistant material." A cementitious or fibrous
material that is sprayed onto a surface to provide fire-
resistant protection of the substrate of the surface.
"Fire-resistant material applicator." An individual who
applies fire-resistant materials.
Section 3. Board generally.
(a) Establishment.--The Fireproofing Applicator Licensing
Board is established.
(b) Members.--The board shall consist of the following
voting members:
(1) The Commissioner of Professional and Occupational
Affairs or a designee.
(2) The State Fire Commissioner or a designee.
(3) Five individuals appointed by the Governor. The
following apply:
(i) Each of the five individuals shall be a resident
of this Commonwealth.
(ii) Two of the five individuals shall be fire-
resistant material applicators with at least 10 years of
practical experience and who are wage earners.
(iii) Two of the five individuals shall be fire-
resistant material applicators with at least 10 years of
practical experience.
(iv) One of the five individuals shall be a
representative of the public.
(c) Terms.--A member of the board described under subsection
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(b)(3) shall be appointed to a term of three years. The member
shall not be eligible for appointment to more than two
consecutive full terms.
(d) Oath.--Each member of the board shall take and subscribe
to the oath of office generally required of State officials.
(e) Attendance.--A member of the board who fails to attend
three consecutive meetings shall forfeit membership on the
board, unless the Commissioner of Professional and Occupational
Affairs, upon written request from the member, finds that the
member should be excused from a meeting because of illness or
the death of an immediate family member.
(f) Quorum.--A majority of the board shall constitute a
quorum to conduct official business.
(g) Organization and meetings.--
(1) An organizational meeting of the board shall be held
annually, at which time the board shall elect from its
membership a president, vice president and secretary, who
shall serve for one year or until the board elects a
successor.
(2) The board may meet at least four times per year and
at other times as the board, in consultation with the
Commissioner of Professional and Occupational Affairs, deems
desirable. Other meetings of the board may be called in
accordance with rules and regulations promulgated by the
board.
(3) Adequate public notice of the date, time and place
of meetings of the board shall be given.
(h) Vacancy in office.--If a vacancy in the office of
president, vice president or secretary of the board occurs, the
remaining members of the board shall fill the vacancy by
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election.
(i) Expenses.--Each member of the board shall be paid
reasonable travel, lodging and other necessary expenses and per
diem compensation at the rate of $60 for each day of actual
service while on board business.
Section 4. Powers and duties of board.
The board shall:
(1) Establish reasonable rules and regulations that are
consistent with and necessary to carry out the provisions of
this act, including:
(i) Standards of professional conduct for fire-
resistant material applicators.
(ii) Procedures for the issuance and renewal of
certificates as the board deems appropriate.
(iii) The functions, powers, standards and duties to
be followed by hearing examiners under this act.
(iv) Fees required under this act.
(2) Issue certificates to individuals who have qualified
to engage in fire-resistant material application under the
provisions of this act.
(3) Establish standards for continuing education
reflecting acceptable national standards in the application
and use of fire-resistant materials.
(4) Develop an accredited educational and training
program.
(5) Administer and enforce the laws of this Commonwealth
relating to fire-resistant material application, including:
(i) The commencement of appropriate proceedings or
other actions for unauthorized and unlawful practice and
for other violations of this act, including the
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initiation of proceedings for injunctive relief or
criminal prosecution. Proceedings for injunctive relief
or criminal prosecution shall be in accordance with the
act of October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(ii) The commencement of disciplinary action as
described in this act.
(6) Appoint, with the approval of the Governor, hearing
examiners as necessary to conduct hearings under this act.
(7) Keep records of the proceedings of the board.
(8) Keep records relating to applications, which shall
include:
(i) The name, age and last known address of each
applicant for licensure.
(ii) Information concerning each applicant's
education, experience and other qualifications.
(iii) Other information as the board deems
appropriate.
(9) Maintain and regularly update a roster showing the
name, license number and business address of each fire-
resistant material applicator licensed under this act. The
board shall post the roster on the publicly accessible
Internet website of the board.
(10) Maintain records relating to all fire-resistant
material applicators licensed under this act.
(11) Submit, at the end of each fiscal year, an annual
report of the activities and transactions of the board during
the preceding fiscal year to the Commissioner of Professional
and Occupational Affairs.
(12) Within 15 days after the Governor has submitted the
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proposed budget for the ensuing fiscal year to the General
Assembly, submit a proposed budget request for the operation
of the board for the ensuing fiscal year to:
(i) The Commissioner of Professional and
Occupational Affairs.
(ii) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(iii) The chairperson and minority chairperson of
the Appropriations Committee of the House of
Representatives.
(13) Submit an annual report, which contains a
description of the types of complaints received by the board,
the status of cases, board actions and the length of time
from the initial complaint to final board resolution, to:
(i) The chairperson and minority chairperson of the
Consumer Protection and Professional Licensure Committee
of the Senate.
(ii) The chairperson and minority chairperson of the
Consumer Protection, Technology and Utilities Committee
of the House of Representatives.
(iii) The chairperson and minority chairperson of
the Professional Licensure Committee of the House of
Representatives.
(14) Determine whether the fees, fines and civil
penalties imposed under this act are sufficient to cover
expenditures and take steps to ensure that projected revenues
will meet or exceed projected expenditures.
Section 5. Applicants.
(a) Eligibility.--An individual who is of good character,
who is a legal resident of this Commonwealth and who has
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completed an accredited educational and training program may
apply for a certificate under this act.
(b) Verification.--Each applicant for a certificate shall
submit evidence satisfactory to the board that the applicant has
completed an accredited educational and training program.
Section 6. Issuance and renewal of certificates.
(a) Issuance.--Upon approval of an application for a
certificate, the board shall issue the certificate conditional
on payment of a fee set by the board.
(b) Contents.--Each certificate shall contain the name of
the individual to whom the certificate was issued and a license
number.
(c) Term.--
(1) A certificate shall be valid for two years.
(2) A certificate shall expire on the day prescribed by
the board.
(d) Renewal.--A fire-resistant material applicator may renew
a certificate after review by the board to ensure that the
applicant for renewal remains in compliance with the conditions
relating to the certificate.
(e) Duplicates.--
(1) The board may issue a duplicate certificate to
replace one that has been lost, destroyed or mutilated, upon
payment of a fee as required by the board.
(2) The board may require a fire-resistant material
applicator requesting a duplicate certificate to furnish
documentation satisfactory to the board relative to the loss,
destruction or mutilation of the original certificate.
(f) Nontransferability.--A certificate shall not be
transferable to another individual.
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Section 7. Prohibition.
An individual may not engage in the practice, or offer to
engage in the practice, of fire-resistant material application
in this Commonwealth unless the individual holds a currently
valid certificate.
Section 8. Disciplinary proceedings.
(a) Board action for inappropriate acts.--The board may
refuse to issue a certificate to an applicant, revoke or suspend
a certificate, censure a fire-resistant material applicator,
issue a letter of reprimand, restrict a licensee under this act
or attach certain conditions to a certificate for any of the
following acts:
(1) Bribery, fraud, misstatement or misrepresentation of
fact by an applicant in connection with the application for a
certificate.
(2) Engaging in the application of fire-resistant
materials in this Commonwealth in violation of:
(i) any provision of this act;
(ii) the rules and regulations adopted or
promulgated in accordance with this act; or
(iii) the standards of professional conduct
established under this act.
(3) Bribery, fraud, deceit, recklessness, gross
negligence or incompetence in the practice of fire-resistant
material application.
(b) Powers of board.--In a disciplinary proceeding brought
in accordance with this act, the board shall have the power to
administer oaths, summon witnesses and compel the production of
documents in accordance with law. Upon the failure of any person
to appear or produce documents in accordance with the board's
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order, the board may take appropriate action, in accordance with
the act of October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act, to enforce compliance.
Section 9. Penalties.
(a) Fines.--A person who engages in the application of fire-
resistant materials in violation of this act shall:
(1) For a first offense, be guilty of a summary offense
and, upon conviction, be sentenced to pay a fine not
exceeding $500.
(2) For a second or subsequent offense, be guilty of a
misdemeanor and, upon conviction, be sentenced to pay a fine
of not less than $2,000 but not more than $5,000.
(b) Civil penalty.--In addition to any other civil remedy or
criminal penalty provided for in this act, the board, by a vote
of the majority of members of the board, may levy a civil
penalty not to exceed $1,000 on a licensee under this act who
violates any provision of this act or on a person who practices
the profession of fire-resistant material applicator without
being properly licensed to do so under this act. The board may
levy the civil penalty only after affording the accused party
the opportunity for a hearing, in accordance with 2 Pa.C.S.
(relating to administrative law and procedure).
(c) Remedy not exclusive.--The right of the board to take
any action described in section 8(a) shall be in addition to the
penalties specified under this section.
(d) Deposit.--All fines and civil penalties imposed in
accordance with this section shall be deposited into the
Professional Licensure Augmentation Account.
Section 10. Complaint procedure and hearings.
(a) Charges.--
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(1) A person may refer charges against a licensee under
this act by submitting a written statement of charges, sworn
to by the complainant, to the board.
(2) The board may, on its own motion, investigate the
conduct of an applicant or a licensee under this act and
shall, in appropriate cases, file a written statement of
charges.
(b) Representation.--An applicant or fire-resistant material
applicator charged shall be entitled to be represented by
counsel at any hearing under this section.
(c) Hearings.--
(1) Except as otherwise provided in this section, a
hearing under this section shall be conducted in accordance
with 2 Pa.C.S. (relating to administrative law and
procedure).
(2) A hearing under this section may be held by the
board, any member of the board or any hearing examiner or
other person authorized by the board.
(3) The date, time and place of a hearing under this
section shall be fixed by the board or authorized hearing
examiner.
(4) The individual authorized to conduct the hearing
under this section may administer oaths and conduct
investigations.
(5) When a matter is referred to an authorized hearing
examiner or other person for a hearing under this section,
the hearing officer or other person shall, following the
completion of the testimony in the hearing and as soon as
practicable, file a report with the board specifying findings
of fact and recommendations. Upon review of the record, the
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board may, by majority vote:
(i) adopt the findings and recommendations in the
report; or
(ii) with or without additional testimony:
(A) return the matter to the hearing officer or
other person for further consideration as the board
deems necessary; or
(B) make additional or other findings of fact on
the basis of all the legally probative evidence in
the record and enter its conclusions of law and order
in accordance with the requirements for the issuance
of an adjudication under 2 Pa.C.S.
(d) Board authority.--The board may, in its discretion,
issue a certificate to an applicant denied licensure upon
presentation of suitable evidence of reform.
Section 11. Effective date.
This act shall take effect in 60 days.
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