§ 153:36 — Exceptions

New Hampshire § 153:36

• Jurisdiction: New Hampshire
• Title XII: PUBLIC SAFETY AND WELFARE
• Ch. 153: STATE BOARD OF FIRE CONTROL
• Subdivision: Mechanical Licensing

Text

I. The license requirements of this subdivision shall not apply to anyone who performs fuel gas fitting within an existing single family, stand alone structure owned and occupied by the person who performs the fuel gas fitting work, and such structure is used as the individual's primary residence. Notwithstanding any provision to the contrary, any person who is exempt under this paragraph shall perform fuel gas fitting work in accordance with applicable technical standards, and comply with any applicable code, application, and inspection requirements that may apply to the fuel gas fitting work performed.
II. The license requirements of this subdivision shall not apply to persons performing tasks covered by federal and state regulation of public utilities pursuant to 49 C.F.R. part 192 and rules of the New Hampshire public utilities commission for gas service.
III. The license requirements of this subdivision shall not apply to any plumbing or fuel gas fitting installations in residential buildings performed by students enrolled in a high school vocational plumbing or fuel gas fitting program approved by the department of education or an approved postsecondary vocational plumbing or fuel gas fitting program, provided such work is performed under the supervision of either a person holding a valid license for the trade that he or she is supervising or by a licensed plumber or fuel gas fitter who is a supervisor of students in cooperative education placements from such programs; and in those cases where the installation is in a new building being constructed as a part of the vocational program, that the installation will be inspected and approved by an individual or group of individuals chosen by the local school districts from persons nominated by the mechanical licensing board. Any person nominated by the board shall hold a master plumber's, fuel gas installation technician, fuel gas service technician, or piping installer license issued by the board.
IV. The license requirements of this subdivision shall not apply to employees of public drinking water systems and public water system operators certified by the department of environmental services for drinking water treatment plants and distribution systems, when performing plumbing tasks within their certifications, as defined in RSA 485:11 and RSA 332-E:3. This exception is specifically limited to the testing, maintenance, repair or replacement, and installation of the water meter, meter horn, and backflow prevention devices directly adjacent to and required as part of the protection of the drinking water distribution system.
V. The license requirements of this subdivision shall not apply to any welder who shall hold a current and valid certification for welding as authorized by the American Society of Mechanical Engineers (ASME), who is supervised by a licensed fuel gas fitter or master plumber, for the sole purpose of joining pipe and pipe fittings, through the appropriate certified welding processes, to piping systems, under the direct supervision of the licensed fuel gas fitter or master plumber.
VI. The license requirements of this subdivision shall not apply to any member of the New Hampshire National Guard while in a unit training assembly status and enrolled in a plumbing program as part of their military training. Such training shall only be provided under the supervision of an instructor who holds a current plumber's license under this subdivision.
VII. The plumbing license requirements of this subdivision shall not apply to any person or business entity that performs plumbing in connection with the installation of any heating, cooling, air conditioning or domestic water heating systems, whether solar, oil, gas, or electric, or the installation and servicing of water treatment systems or swimming pools. Any person or business entity that is exempt under this paragraph shall perform plumbing in accordance with applicable technical standards, and comply with any code, application, and inspection requirements that apply to the plumbing performed.
VIII. The license requirements of this subdivision shall not apply to the following persons while performing plumbing work under the circumstances specifically described but shall apply to fuel gas fitting in the same circumstances unless otherwise exempted under this subdivision; provided, however, that plumbing installed or maintained by such persons under such circumstances shall conform to the state plumbing code:
(a) To regular employees of public utilities, as defined in RSA 362:2, when performing plumbing tasks within their training, experience, and, if applicable, certification.
(b) To a person, firm, corporation, or limited liability company who regularly employs a person whose duties include the incidental repair, installation, and maintenance of plumbing on the property of that person, firm, corporation, or limited liability company, when such employee is actually so engaged.
(c) To a property owner or the property owner's agent who installs, repairs, or replaces plumbing in the property owner's own single-family detached or townhouse residence, including new construction, or any property owner or property owner's agent who makes minor installations, repairs, or replacements to the owner's property.
IX. Any person licensed under RSA 319-C may perform work governed by their license on a gas appliance, including the operation of the appliance service gas shut off valve.

Legislative History

2006, 206:3. 2010, 140:10. 2013, 275:8, eff. July 1, 2013. 2014, 106:1, 2, eff. June 11, 2014. 2019, 253:4, eff. Sept. 17, 2019.