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HD 404

An Act relative to the profession of fire-resistant material applicators

194th Legislature (2025-2026) Introduced by Chris Flanagan and 2 co-sponsors

The bill creates a state licensure system and oversight board for fireproofing applicators, requiring training, annual registration, and licensed practice.

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Bill Summary · HD 404

Summary: An Act relative to the profession of fire-resistant material applicators (HD 404)

Overview
- Purpose: To establish a formal licensure regime for professionals who apply fire-resistant materials (fireproofing) and to create a dedicated regulatory board to oversee training, licensure, and ongoing standards.
- Scope: Applies to individuals who apply fire-resistant cementitious or fibrous materials onto substrates to provide fire protection.

Key provisions

1) Licensure of fire-resistant material applicators
- Training requirement: Each fire-resistant material applicator must undergo training in the proper application of fire-resistant materials according to manufacturer specifications.
- Registration: Applicators must annually register with the Board of Examiners of Fireproofing Applicators (the licensure board).
- Licensure: After completing required training and registering, the applicant is licensed by the state to indicate qualification to apply fire-resistant materials.
- Violations and penalties: Untrained, unregistered, or unlicensed applicators may be fined up to $250 per violation.

2) Creation and powers of the Board of Examiners of Fireproofing Applicators
- Establishment: A Board of Examiners of Fireproofing Applicators is created within the Division of Occupational Licensure.
- Composition: 7 voting members total:
- 2 designees of the Commissioner of the Division of Occupational Licensure
- 5 public residents appointed by the Governor for 3-year terms, including:
- 2 fireproofing applicators with at least 10 years of practical experience (and who are wage earners)
- 2 additional fireproofing applicators with at least 10 years of practical experience
- 1 public member (subject to applicable public member rules)
- Terms and conduct: Members serve up to two consecutive 3-year terms. Meetings at least 4 times per year. Members may be reimbursed for reasonable travel; no compensation.
- Duties and authority:
- Administer and enforce the licensure requirements (Section 290 of Chapter 112)
- Adopt regulations governing licensure of fireproofing applicators, business entities, and schools teaching fireproofing
- Establish standards for professional and ethical conduct
- Establish continuing education standards aligned with acceptable national standards
- Investigate complaints, conduct inspections, review business records, and administer penalties for fraudulent, deceptive, or unprofessional practices
- Coordinate with the Division of Occupational Licensure on investigations and penalties

Who is affected

  • Fire-resistant material applicators: Required to complete training, register annually, and obtain a state license to legally apply fire-resistant materials.
  • Employers and projects: Must ensure workers are trained and properly licensed; validations may be required for compliance and inspections.
  • Training providers and schools: Subject to board-developed standards and approval to teach fireproofing applicator courses.
  • Public interest: Establishes professional and ethical standards and oversight to address safety and competency in fireproofing work.

Procedural and timeline aspects

  • Training and registration: New license depends on completing required training and annual registration.
  • Licensing and enforcement: Licenses issued upon meeting training/registration requirements; violations can incur fines up to $250 per occurrence.
  • Board operations: The Board is charged with ongoing governance, including adoption of rules, continuing education standards, and complaint investigations; meetings are to occur at least quarterly, with public accountability provisions.

Notes
- The bill text specifies definitions for “fire-resistant material” and “fire-resistant material applicator,” and creates a dedicated regulatory framework within Massachusetts General Laws (Chapters 112 and 13) to support licensure, enforcement, and professional standards.

Compiled from official sources — confirm details with the bill’s official record.

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