Massachusetts Contractor Licensing Law

Massachusetts Code · 7 sections

The following is the full text of Massachusetts’s contractor licensing law statutes as published in the Massachusetts Code. For the official version, see the Massachusetts Legislature.

M.G.L. ch. 112, s. 81J

Section 81J. The following shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for registration as a professional engineer or professional land surveyor, respectively, to wit: (1) As a professional engineer: (a) A person holding a certificate or registration to engage in the practice of engineering, issued to him by a proper authority of a state, commonwealth, territory, or possession of the United States, the District of Columbia, or any foreign country, who, in the opinion of the board, meets the requirements of this chapter, based on verified evidence may, upon application, be registered without further examination. A person holding a certificate of qualification issued by the National Council of Engineering Examiners, whose qualifications meet the requirements of this chapter, may, upon application, be registered without further examination. (b) A graduate of an engineering curriculum of four years or more approved by the board as being of satisfactory standing; and with a specific record of an additional four years or more of experience in engineering work of a grade and character which indicates to the board that the applicant may be competent to practice engineering, and who passes or has passed the required written examination in the fundamentals of engineering, and the required written examination in the principles and practice of engineering. The board may require that the above experience in engineering work be completed prior to admission to the examination in the principles and practice of engineering. Should the board permit the examination to be taken at an earlier date, then the applicant may be required to pass an oral examination as determined by the board. Upon passing such examinations, the applicant shall be granted a certificate of registration to practice engineering in the commonwealth, provided he is otherwise qualified. (c) An applicant, having satisfactorily completed a four-year college curriculum in engineering or in related science other than the ones approved by the board and eight years or more of progressive experience in engineering work of a character and grade which indicates to the board that the applicant may be competent to practice engineering, and who passes or has passed the required written examination in the fundamentals of engineering designed to show knowledge and skill approximating that obtained through graduation in an approved four-year engineering curriculum, and the required written examination in the principles and practice of engineering, shall be granted a certificate of registration to practice engineering in the commonwealth, provided he is otherwise qualified; provided, however, where an applicant is permitted by the board to be admitted to the examination in the principles and practice of engineering prior to completion of the above experience, the board may require that the applicant pass an oral examination as determined by the board before issuing a certificate of registration. (d) An applicant having completed twelve years or more of progressive experience in engineering work of a character and grade, including five years or more in responsible charge of engineering work, which indicates to the board that the applicant may be competent to practice engineering, and who passes or has passed the required written examination in the fundamentals of engineering designed to show basic engineering knowledge and skill and the required written examination in the principles and practice of engineering and an oral examination when required by the board may be granted a certificate of registration to practice engineering in the commonwealth, provided he is otherwise qualified. (e) An applicant, with a specific record of at least twenty years of lawful practice in engineering work, of which at least ten years have been in responsible charge of important engineering work, and of a grade and character which indicates to the board that the applicant may be competent to practice engineering and who has passed an oral or written examination in the principles and practice of engineering, and is otherwise qualified, shall be registered to practice engineering in the commonwealth. (f) Undergraduate study in an engineering curriculum approved by the board as being of satisfactory standing may be considered as engineering experience on an equivalent full-time basis up to a maximum of three years in computing the number of years of experience in engineering work in clauses (d) and (e) of this subsection. (g) Engineering teaching in a college or university offering an approved engineering curriculum of four years or more may be considered as engineering experience. (2) As a professional land surveyor: (a) A person holding a bachelor of science degree in an approved curriculum and presenting evidence satisfactory to the board that, in addition thereto, he has had at least four years of combined office and field experience in land surveying with a minimum of three years' experience in responsible charge of land surveying projects under the supervision of a registered professional land surveyor and who has passed the oral and written examinations as required by the board. (b) A person holding two years of formal education in an approved curriculum above high school level with at least sixty semester credit hours passed or equivalent quarter-hours, or the equivalent approved by the board, and presenting evidence satisfactory to the board that in addition thereto he has had at least six years of combined office and field experience in land surveying with a minimum of four years' experience in responsible charge of land surveying projects under the supervision of a registered professional land surveyor and who has passed the oral and written examinations as required by the board. (c) A person who has a specific record of twelve years or more of lawful practice in surveying work of a character satisfactory to the board and who passes the required written examinations, which shall include questions on laws, procedures and practices pertaining to practices in the commonwealth, and passes an oral examination at the discretion of the board may be granted a certificate of registration to practice surveying provided he is otherwise qualified. (d) A person holding a certificate of registration to engage in the practice of land surveying issued on comparable qualifications from a state, commonwealth, territory, or possession of the United States, will be given comity consideration. However, he may be asked to take such examinations as the board deems necessary to determine his qualifications, but in any event he shall be required to pass the required written examination of not less than four hours' duration, which shall include questions on laws, procedures and practices pertaining to practice in the commonwealth. (e) Undergraduate study in a surveying curriculum approved by the board as being of satisfactory standing may be considered as surveying experience on an equivalent full-time basis up to a maximum of two years in computing the number of years of experience in surveying work in clauses (b) and (c) of this subsection. (f) A person, with a record of at least twenty years of lawful practice in land surveying work, of which at least ten years he has been responsible for major land surveying work, of a grade and character which indicates to the board that the person may be competent to practice land surveying and who has passed an oral or written examination in the principles and practice of land surveying, and is otherwise qualified, shall be registered to practice land surveying in the commonwealth. (3) The board shall certify persons who have passed written or oral examinations and shall specify the nature and type of the examination passed in such certification. The board may certify persons who have passed appropriate examinations and who have education and/or experience qualifications satisfactory to the board as follows: (a) A graduate of an approved engineering curriculum of four years or more who has passed the board's eight-hour written examination in the fundamentals of engineering shall be certified or enrolled as an engineer-in-training, if he is otherwise qualified. (b) An applicant having satisfactorily completed a four-year college curriculum in engineering or in related science other than the ones approved by the board and a specific record of four or more years of experience in engineering work of grade and character satisfactory to the board, who passes the board's eight-hour written examination in the fundamentals of engineering shall be certified or enrolled as an engineer-in-training, if he is otherwise qualified. (c) A graduate of an approved land surveying curriculum of four years or more who has had in addition thereto at least two years of combined office and field experience in land surveying, with a minimum of one year in responsible charge of land surveying procedures under the supervision of a registered professional land surveyor, and who has passed the written examinations required by the board shall be certified or enrolled as a land surveyor-in-training, if he is otherwise qualified. (d) An applicant having at least two years of formal education in an approved curriculum above high school level with at least sixty semester credit hours passed, or equivalent quarter-hours, or the equivalent approved by the board, and who presents evidence satisfactory to the board that in addition thereto he has had at least four years of combined office and field experience in land surveying with a minimum of two years in responsible charge of land surveying projects under the supervision of a registered professional land surveyor, and who has passed the written examinations required by the board shall be certified or enrolled as a land surveyor-in-training, if he is otherwise qualified. (e) All of the examinations above required may be taken during the period of formal education or subsequently either prior to or following completion of the required experience. Upon completion of required experience, the board shall then certify the applicant as an engineer-in-training or a land surveyor-in-training. No person shall be eligible for registration as a professional engineer or land surveyor or for certification as having satisfactorily completed an oral or written examination who is not of good character and reputation. The board shall determine the duration, date, place and content of all written examinations. Registered engineers or professional land surveyors may take examinations required for registration hereunder without prejudice to their present registrations. The execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be the practice of engineering. The fact that an applicant for registration by the board is not at the time of application practicing his profession shall not of itself make him ineligible for such registration.

M.G.L. ch. 112, s. 87RR

Section 87RR. Except as otherwise provided, no person shall engage in the business of or act as a broker or salesman directly or indirectly, either temporarily or as an incident to any other transaction, or otherwise, unless he is licensed. No salesman may conduct or operate his own real estate business nor act except as the representative of a real estate broker who shall be responsible for the salesman and who must approve the negotiation and completion by the salesman of any transaction or agreement which results or is intended to result in the sale, exchange, purchase, renting or leasing of any real estate or in a loan secured or to be secured by mortgage or other encumbrance upon real estate. No salesman shall be affiliated with more than one broker at the same time nor shall any salesman be entitled to any fee, commission or other valuable consideration or solicit or accept the same from any person except his licensed broker in connection with any such agreement or transaction. A salesman may be affiliated with a broker either as an employee or as an independent contractor and may, by agreement, be paid as an outside salesperson on a commission-only basis but shall be under such supervision of said broker as to ensure compliance with this section and said broker shall be responsible with the salesman for any violation of section eighty-seven AAA committed by said salesman. Except as otherwise provided no person shall recover in any suit or action in the courts of the commonwealth for compensation for services as a broker performed within the commonwealth unless he was a duly licensed broker at the time such services were performed; provided, however, that nothing contained herein shall be construed as affecting the right of a licensed salesman to recover in a suit or action against a broker on any contract or agreement with said broker.

M.G.L. ch. 141, s. 1

Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings: ''Fee'', a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. ''Fire warning system'', an inherently power limited system of wires, conduits, apparatus, devices, fixtures or other appliances installed and interconnected electrically or electronically for the detection of heat, smoke, or products of combustion, or for the transmission of signals or audible alarms. ''Inherently power limited system'', a system requiring no overcurrent protection due to design and construction. ''Journeyman electrician'', a person qualified to do the work of installing, repairing, or maintaining wires, conduits, apparatus, devices, fixtures, or other appliances used for heat, light, power, fire warning or security system purposes. ''Master electrician'', a person, firm or corporation having a regular place of business who, by the employment of journeyman or apprentices, performs the work of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for light, heat, power, fire warning or security system purposes; provided, however, that no journeyman electrician so employed shall have more than one apprentice under his supervision; and provided, further, that not more than one such apprentice shall be employed for each journeyman electrician. ''Security system'', an inherently power limited system of wires, conduits, apparatus, devices, fixtures, or other appliances installed and interconnected electrically or electronically to permit access control, proprietary signalling, surveillance and the detection of burglary, intrusion, holdup, or other conditions requiring response or the transmission of signals or audible alarms. ''System'', a fire warning, security or other inherently power limited system, wire, conduit or device which conducts or consumes electricity and is electrically or electronically activated. ''Systems contractor'', a person, firm or corporation having a regular place of business who, by the employment of systems technicians or apprentices, performs the work of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for systems; provided, however, that no systems technician so employed shall have more than one apprentice under his supervision; and provided, further, that not more than one such apprentice shall be employed for each systems technician. ''Systems technician'', a person qualified to do the work of installing, repairing or maintaining wires, conduits, apparatus, devices, fixtures or other appliances used for systems.

M.G.L. ch. 141, s. 3

Section 3. The following forms of license shall be issued: certificate A, known as master electrician's license; certificate B, known as journeyman electrician's license; certificate C, known as systems contractor's license; and certificate D, known as systems technician's license. (1) Certificate A shall be issued to any person, firm or corporation engaged in or about to engage in the business of installing wires, conduits, apparatus, devices, fixtures or other appliances and systems; provided, however, that such person or a member of such firm or an officer of such corporation has passed an examination before the state examiners of electricians and such person or a member of such firm or officer of such corporation has held a certificate B license for at least twelve months. (2) Certificate B shall be issued to any person who has passed an examination before the state examiners of electricians. It shall specify the name of such person, who shall thereby be authorized to engage in the occupation of journeyman electrician. (3) Certificate C shall be issued to any person, firm or corporation engaged in or about to engage in the business of installing fire warning, security or other systems; provided, however, that such person or a member of such firm or an officer of such corporation has passed an examination before the state examiners of electricians and such person or a member of such firm or officer of such corporation has held a certificate D license for at least twelve months. (4) Certificate D shall be issued to any person who has passed an examination before the state examiners of electricians. It shall specify the name of such person who shall thereby be authorized to engage in the occupation of systems technician. (5) Both certificate A and certificate C shall specify the name of the person, firm or corporation licensed and the name of the person passing the examination by which such person, firm or corporation shall be authorized to enter upon or engage in business as set forth therein. The holding of certificate A or certificate C shall not entitle the holder individually to engage in or perform the actual work of installing wires, conduits, apparatus, devices, fixtures or other appliances or systems but the holding of certificate A shall entitle the holder to conduct business as a master electrician and the holding of certificate C shall entitle the holder to conduct business as a systems contractor. (6) Persons desiring an examination shall make written application therefor, accompanied by an examination fee. A person passing an examination for a master electrician's license, a systems contractor's license, a journeyman electrician's license, or a systems technician's license shall pay a fee before being issued such license. (7) Each certificate A and certificate C shall expire on July thirty-first every third year, commencing July thirty-first, nineteen hundred and eighty-nine, but may be renewed by the same person, firm or corporation acting by one or more of its members or officers, without further examination, upon payment of a fee, application therefor being made during said month. In case of failure to renew a license as aforesaid on or before July thirty-first of the third year, the person named therein, upon payment of said fee, increased by such additional fees as would have been payable had such license been continuously renewed may receive a deferred renewal thereof which shall expire July thirty-first of ensuing three year period; provided, however, that such renewed license shall not constitute its holder a licensee for any period preceding its issue. (8) Each certificate B and certificate D shall expire on July thirty-first every third year, commencing July thirty-first, nineteen hundred and eighty-nine, but may be renewed upon payment of a fee upon the same conditions set forth in clause (7). (9) Holders of certificate A and certificate C shall keep their certificates of registration displayed in a conspicuous place in their principal offices or places of business. The examiners shall furnish holders of certificate B and certificate D with evidence of having been so licensed by the examiners, in card form or otherwise, which shall be carried on the person of the licensee and exhibited on request. (10) Any certificate expiring while the holder thereof is in the military or naval service of the United States shall be renewed without further examination, upon payment of the prescribed fee, at any time within four months after such person's discharge from the service. (11) Examination papers and applications for certificate A, certificate B, certificate C and certificate D, shall be preserved for at least two years, after which time they may, at the discretion of the examiners, be destroyed. (12) Records of the meetings of the examiners shall be open for inspection at all times, and they shall have printed annually a manual of their regulations, including the names of all licensees.

M.G.L. ch. 142, s. 21A

Section 21A. Notwithstanding the provisions of any general or special law to the contrary, no licensed plumber or gas fitter, acting in the capacity of a self-employed contractor, shall be issued a permit for the performance of plumbing and gas fitting, pursuant to this chapter unless the licensee has a current liability insurance policy including completed operations coverage, which has been issued by an insurance company licensed to do business within the commonwealth, or other type of indemnity against liability providing substantially equivalent coverage, or a bond. The licensee shall check the appropriate block on the uniform application to perform plumbing and gas work. In lieu of such insurance requirement, plumbing and gas inspectors shall accept the signature of the owner or his agent on the uniform application for a permit to perform plumbing or gas work upon the property of said owner.

M.G.L. ch. 143, s. 90

Section 90. Any provision in a contract to repair or remodel a dwelling whereby the contractor seeks by the use of any words whatsoever to preclude or exonerate himself from liability to the owner, tenant or any other person for any injury, loss or damage arising from any omission, fault, negligence or other misconduct on his part shall be printed in twelve point bold face type.

M.G.L. ch. 143, s. 93

Section 93. There is hereby established within the division of occupational licensure a board to be known as the state board of building regulations and standards, in this section and in sections ninety-four to one hundred, inclusive, called the board. The board shall adopt and administer a state building code. The board shall consist of 15 members, one of whom shall be the state fire marshall, or his designee, one of whom shall be the commissioner of the division of occupational licensure or his designee, 1 of whom shall be the commissioner of energy resources or a designee and all 3 of whom shall serve ex-officio and shall be voting members of the board, and 12 persons to be appointed by the governor, one of whom shall be a registered architect, one of whom shall be a registered professional engineer who is a mechanical engineer, one of whom shall be a registered professional engineer who is a structural engineer, one of whom shall be a representative of the building trades, one of whom shall be a general contractor of commercial or industrial buildings, one of whom shall be a building contractor of one or two-family homes, one of whom shall be a head of a local fire department, 1 of whom shall be an expert in commercial building energy efficiency, 1 of whom shall be an expert in residential building energy efficiency, 1 of whom shall be an expert in advanced building technology, one of whom shall be an inspector of buildings in a town and one of whom shall be an inspector of buildings in a city. Organizations representing the appropriate constituencies shall submit names of persons for appointment as members to the board. Each member shall be appointed for a term of five years, except that in making his initial appointments, the governor shall appoint one member for one year and two members to serve for two, three, four and five years respectively, as he may designate. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment for a second term, but shall not serve more than 10 total years. Any member of the board may be removed by the governor for cause, after being given a written statement of the charges and an opportunity to be heard thereon. No member shall act as a member of the board or vote in connection with any matter as to which his private right, distinct from public interest, is concerned. A majority of the members of the board shall constitute a quorum for the purpose of conducting business, but a lesser number may adjourn from time to time. The board shall keep detailed and accurate minutes of its meetings and shall publish such minutes within 30 days of each meeting. The board shall annually elect a chairman and a vice chairman from its members; provided, however, that no member shall serve as chairman or vice chairman for more than two consecutive years or more than 4 years total. Each member of the board who is not otherwise an employee of the commonwealth shall receive from the commonwealth fifty dollars for each day or portion thereof spent in the performance of his official duties; provided, however, that the total sum paid to any member in any fiscal year shall not exceed three thousand dollars. Each member shall be paid necessary traveling and other expenses incurred in the performance of his duties. The commissioner of the division of occupational licensure or his or her designee, in consultation with the commissioner of energy resources, shall be responsible for the proper administration of the activities of the board and the supervision of the staff thereof. The division may employ such other professional, technical and clerical staff as is deemed necessary to assist the board.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)