Massachusetts Fencing Licensing Law

Massachusetts Code · 8 sections

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

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

Section 81P. The board shall have the authority to reprimand a registrant and to suspend the registration of a registrant for a limited period to be specified in such suspension order for any fraud, deceit, gross negligence, incompetence, misconduct or any crime involving moral turpitude in the practice of engineering or land surveying. The board may revoke the certificate of registration of any registrant who is found guilty of:— (a) The practice of any fraud or deceit in obtaining a certificate of registration; or (b) Any gross negligence, incompetency or misconduct in the practice of professional engineering or land surveying as a registered professional engineer or as a registered professional land surveyor; or (c) The affixing of his signature to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his immediate and responsible direction, or permitting his name to be used for the purpose of assisting any person, not a registered professional engineer or registered professional land surveyor, to evade the provisions of this chapter. Any person may prefer charges of fraud, deceit, gross negligence, incompetency or misconduct against any registrant. Such charges shall be in writing, shall be sworn to by the person making them and shall be filed with the secretary of the board. The board, under the hand of its chairman and the seal of the board, may subpoena witnesses and compel their attendance, and may require the production of books, papers and documents in any case involving the revocation of registration. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person refuses to obey any subpoena so issued, or refuses to testify or produce such books, papers and documents, the board may present a petition to the superior court, setting forth the facts, and thereupon the superior court shall, after a hearing and in its discretion, order such person to appear before said board and to testify or to produce such books, papers and documents as may be deemed necessary and pertinent. Any person failing or refusing to obey the order of said court may be proceeded against in the same manner as for refusal to obey any other order of said court. All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board within three months after the date on which they shall have been preferred. The time and place for said hearing shall be fixed by the board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on, or mailed to the last known address of, such registrant at least thirty days before the date fixed for the hearing. At any hearing the accused registrant shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defence. If, after such hearing, three or more members of the board vote in favor of finding the accused guilty, the board shall revoke the certificate of registration of such registered professional engineer or registered professional land surveyor.

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

Section 81R. Nothing in said sections shall be construed to prevent or to affect:— (a) the practice of any other legally recognized profession including the practice of architecture as defined in this chapter and the practice of any trade, including, in connection with the practice of the electrical, plumbing, heating, ventilating, air conditioning, refrigeration and all other trades, the preparation of plans, specifications or shop drawings by any person, firm, partnership, corporation or association practicing any such trade, for work to be installed or being installed by the same person, firm, partnership, corporation or association preparing such plans, specifications or shop drawings; (b) a person not a resident of and having no established place of business in the commonwealth from practicing or offering to practice therein the profession of engineering or land surveying, when such practice does not exceed in the aggregate more than thirty days in any calendar year; provided, such person is legally qualified by registration to practice the said profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in said sections; (c) a person not a resident of and having no established place of business in the commonwealth or who has recently become a resident thereof, from practicing or offering to practice engineering or land surveying therein for more than thirty days in any calendar year, if he shall have filed with the board an application for a certificate of registration and shall have paid the fee required by said sections; provided, that such person is legally qualified by registration to practice engineering or land surveying in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in said sections. Such practice shall continue only for such time as the board requires for the consideration of the application for registration; (d) the work of an employee or a subordinate of a person holding a certificate of registration under said sections, an employee of a person practicing lawfully under clause (b) or (c) of this section, or an employee of a firm, co-partnership, corporation or joint stock association engaging lawfully under clause (f) of this section; provided, such work does not include final designs or decisions and is done under the direct responsibility, checking and supervision of a person holding a certificate of registration under said sections or a person practicing lawfully under clause (b) or (c) of this section; (e) the practice of officers and employees of the government of the United States while engaged within the commonwealth in the practice of engineering or land surveying for said government; (f) the practice of engineering or land surveying in the commonwealth by a firm, co-partnership, corporation or joint stock association; provided, that the person in charge of such practice by such firm, co-partnership, corporation or joint stock association is a professional engineer or land surveyor, holding a certificate of registration under said sections; (g) the performance of engineering work or services by employees of a corporation engaged in manufacturing, research or development operations, which work or services are performed in connection with the research or development activities of, or the manufacture, sale, installation, maintenance, repair or service of the products of, such corporation, or of its parents, affiliates or subsidiaries; provided, that such research or development activities which are not related to the manufacture, sale, installation, maintenance, repair or service of the products of such corporation, or of its parents, affiliates or subsidiaries, are not primarily in connection with the construction of fixed works which are to be made available for use by the general public; (h) the practice of landscape architects, city planners and regional planners, in so far as their work consists in the consultations and preparation of master plans of parks, land areas, sites, organized groups of buildings or communities, or the preparation of detailed plans and the supervision of planting, grading, paving, and such structural features as fences, steps, walls, minor pools, garden structures and minor utilities normally included as part of their work; (i) sales personnel from recommending applications to specific uses of products for which they act as sales representatives; (j) the performance of engineering work or services by any person employed by an insurance company or by its agents, its affiliates or subsidiaries, or the performance of engineering work or services for insurance inspection and actuarial bureaus, provided such work or services in either case are incidental to the operation of an insurance company; (k) the work of an owner or managing agent of a building or any employee of such owner or agent making alterations or repairs to such building or supervising the same, or of a person engaged by such owner or agent to perform work of any other legally recognized trade exempted under clause (a) of this section; (l) the performance of engineering work and services by a person, firm or corporation subject to the jurisdiction of the department of public utilities or the department of telecommunications and cable which work and services are performed as part of their employment and for the benefit of such person, firm, or corporation; provided, however, that this subsection shall not apply to engineering work or services that could pose a material risk to public safety, as determined by the department of public utilities, performed by or on behalf of a gas company, as defined in section 1 of chapter 164, that distributes and sells gas within the commonwealth; or (m) the performance of engineering work and services by employees of the Massachusetts Bay Transportation Authority which work and services are performed as part of their employment and for the benefit of the said authority.

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

Section 87AAA. The board may, and upon the verified complaint in writing of an aggrieved person shall, investigate the action of any broker or salesman or any person who attempts to act in such capacity within the commonwealth, and, in addition to any grounds hereinbefore enumerated, may suspend, revoke or refuse to renew any license which it has found to have been obtained by false or fraudulent representation. The board may suspend, revoke or refuse to renew any license, when the board has found as a fact that the licensee, in performing or attempting to perform any act authorized by his license, has (a) knowingly made any substantial misrepresentation; (b) acted in the dual capacity of broker and undisclosed principal in the same transaction; (c) acted for more than one party to a transaction without the knowledge and consent of all the parties for whom he acts; (d) failed, within a reasonable time, to account for or remit any moneys belonging to others which have come into his possession as a broker or salesman; (e) paid commissions or fees to or divided the same with any person, who, being required to be licensed as a broker or salesman in this or any other state, is not so licensed; (f) accepted, given or charged any undisclosed commission, rebate or profit on expenditures for a principal; (g) induced any party to a contract or lease relating to real estate to break the same when such action is effected for the personal gain of the licensee; (h) commingled the money or other property of his principal with his own; (i) failed to give to both the buyer and seller a copy of the purchase and sale agreement; (j) committed any act expressly prohibited in sections eighty-seven RR to eighty-seven CCC, inclusive; (k) affirmatively solicited for sale, lease, or the listing for sale or lease, of residential property on the grounds of alleged change of value due to the presence or the prospective entry into the neighborhood of a person or persons of another race, economic level, religion or ethnic origin or distributes, or causes to be distributed, material or makes statements designated to induce a residential property owner to sell or lease his property due to such change in the neighborhood; or (l) accepted from a prospective seller a net listing, an agreement to sell real estate for a stated price which authorized the broker to keep as commission any amount of money received from the sale of said real estate in excess of the stated price. The board shall, after notice by the Massachusetts commission against discrimination that said commission has made a finding, which finding has become final, that a licensed broker or salesman committed an unlawful practice in violation of chapter one hundred and fifty-one B arising out of or in the course of his occupation as a licensed broker or salesman, shall suspend forthwith the license of said broker or salesman for a period of sixty days, and, if the said commission finds that said violation by such licensed broker or salesman occurred within two years of the date of a prior violation of said chapter one hundred and fifty-one B, which finding has been final, it shall so notify the board, and the board shall forthwith suspend the license of such broker or salesman for a period of ninety days. Whoever violates the provisions of clause (k) shall be punished by a fine of not less than one thousand nor more than twenty-five hundred dollars, or by imprisonment for not more than six months, or both. No broker shall engage in a sale in the commonwealth of real property located in a land development in another state which is the subject of promotional advertising in the commonwealth unless the owner or developer of such land has submitted to the board full particulars regarding such land and the proposed terms of sale thereof and has deposited with the board such sum as it shall determine, to pay the expense of the investigation hereinafter prescribed. Any broker acting for such owner or developer, and his salesmen, shall comply with such rules, regulations, restrictions and conditions pertaining thereto as the board in its discretion may impose. The board shall investigate such matters and all reasonable expenses incurred by the board in such investigation shall be borne by the owner or developer of the property involved. No broker or salesman shall in any manner refer to the board of registration of real estate brokers and salesmen or to any member or employee thereof, in selling, offering for sale, or advertising or otherwise promoting the sale, mortgage or lease of any such property, nor make any representation whatsoever that such property has been inspected or approved or otherwise passed upon by said board or by any official, department or employee of the commonwealth. The board may suspend, revoke or refuse to renew any license when it has found that the licensee has failed to comply with the requirements of this paragraph or any part thereof. The board may also suspend, revoke or refuse to renew any license when it has found that the licensee has been convicted of a criminal offence by a court of competent jurisdiction of this or any other state which demonstrates his lack of good moral character to act as a broker or salesman as the case may be. The board may reconsider any decision made by it and may reinstate any license which has been suspended and reissue any license which has been revoked. Any person whose license is suspended or revoked shall also be liable to such other punishment as may be provided by law.

M.G.L. ch. 141, s. 5

Section 5. Any person, firm or corporation, or employee thereof, and any representative, member or officer of such firm or corporation individually, entering upon or engaging in the business and work hereinbefore defined, without having complied with this chapter, shall for the first offence be punished by a fine of not less than $1,000 and not more than $1,500, for a second offence by a fine of not less than $1,500 and not more than $2,000 and for each subsequent offence by a fine of not less than $2,000 and not more than $2,500 or by imprisonment in the house of correction for six months, or both. The examiners and the inspectors of wires in each city and town, as defined in section thirty-two of chapter one hundred and sixty-six, shall be charged with the enforcement of this chapter. They shall have all necessary powers to require compliance therewith, including the power to institute and prosecute proceedings in the superior court department of the trial court.

M.G.L. ch. 143, s. 1

Section 1. In this chapter the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings: ''Alteration'', change in or addition to a building which reduces the means of exit or fire resistance or changes its structural support, use or occupancy. ''Board'', the state board of building regulations and standards established by section ninety-three. ''Building'', a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this definition ''roof'' shall include an awning or any similar covering, whether or not permanent in nature. The word ''building'' shall be construed where the context requires as though followed by the words ''or part or parts thereof''. ''Commissioner'', the commissioner of the division of occupational licensure. ''Division'', the division of occupational licensure. ''Inspector'', an inspector in the office of public safety and inspections of the division of occupational licensure, except when qualified by the word ''local'', whereupon it shall mean the inspector of buildings, building commissioner or local inspector of a city, town or district, unless otherwise provided in this chapter. ''Repair'', the reconstruction or renewal of a building or structure or part thereof damaged by fire or other cause. ''Specialized code'', all building codes, rules or regulations pertaining to building construction, reconstruction, alteration, repair or demolition promulgated by and under the authority of the various boards which have been authorized from time to time by the general court. ''State building code'', the state building code and amendments and rules and regulations thereto as promulgated by the state board of building regulations and standards under the provisions of section ninety-three, ninety-four and ninety-five. ''Structure'', a combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like. The word ''structure'' shall be construed, where the context allows, as though followed by the words ''or part or parts thereof''. ''Theatre'', a building or part thereof in which it is intended to make a business of the presentation of performances for the entertainment of spectators, which has a seating capacity of more than four hundred, with a stage which can be used for scenery and other appliances.

M.G.L. ch. 143, s. 3N

Section 3N. No person shall engage in gas fitting in the city of Boston without first making application to the building commissioner of said city and obtaining a permit therefor in accordance with the state building code; nor shall any person engage in gas fitting in any other city or town without first giving such notice as shall be prescribed by rules and regulations made by the board established under section twelve H of chapter twenty-five. Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars. Rules and regulations adopted under section twelve H of chapter twenty-five may provide penalties for the violation thereof not exceeding five hundred dollars for any one offence and may provide that each day during any portion of which a violation is permitted to exist shall be a separate offence.

M.G.L. ch. 143, s. 7

Section 7. Any person so notified shall be allowed until twelve o'clock noon of the day following the service of the notice in which to begin to remove such structure or make it safe, or to make it secure, and he shall employ sufficient labor speedily to make it safe or remove it or to make it secure; but if the public safety so requires and if the aldermen or selectmen so order, the inspector of buildings may immediately enter upon the premises with the necessary workmen and assistants and cause such unsafe structure to be made safe or taken down without delay, and a proper fence put up for the protection of passers-by, or to be made secure. If such a building or structure is taken down or removed, the lot shall be levelled to uniform grade by a proper sanitary fill to cover any cellar or foundation hole and any rubble not removed.

M.G.L. ch. 143, s. 9

Section 9. If such report declares such structure to be dangerous or to be unused, uninhabited or abandoned, and open to the weather, and if the owner, lessee or mortgagee in possession continues such refusal or neglect, the local inspector shall cause it to be made safe or taken down or to be made secure, and, if the public safety so requires, said local inspector may at once enter the structure, the land on which it stands or the abutting land or buildings, with such assistance as he may require, and secure or remove the same, and may remove and evict, under the pertinent provisions of chapter two hundred thirty-nine or otherwise, any tenant or occupant thereof, and may erect such protection for the public by proper fence or otherwise as may be necessary, and for this purpose may close a public highway. In the case of such demolition, the local inspector shall cause such lot to be levelled to uniform grade by a proper sanitary fill. The costs and charges incurred shall constitute a debt due the city or town upon completion of the work and the rendering of an account therefor to the owner of such structure, and shall be enforced in an action of contract, and such owner, lessee or mortgagee in possession shall, for every day's continuance of such refusal or neglect after being so notified, be punished by a fine of not less than one hundred dollars. The provisions of the second paragraph of section three A of chapter one hundred and thirty-nine, relative to liens for such debt and the collection of claims for such debt, shall apply to any debt referred to in this section, except that the local inspector shall act hereunder in place of the mayor or board of selectmen. During the time such order is in effect it shall be unlawful to use or occupy such structure or any portion thereof for any purpose.

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