Missouri Senate

Introduced

Under this act, the statewide mechanical contractor license for mechanical contractors shall be regulated by the Division of Professional Registration, within the Department of Commerce and Insurance. This act creates the Office of Mechanical Contractors within the Division to carry out the provisions of this act.

Applicants for a statewide mechanical contractor license must meet certain criteria set forth in the act. A corporation, firm, institution, organization, company, or representative seeking to engage in mechanical contracting on a residential or commercial jobsite is required to employ at least one license holder. For residential and commercial jobsites, a statewide licensed mechanical contractor may represent only one entity at a time.

A corporation, firm, institution, organization, company, or representative seeking to engage in mechanical contracting on an industrial jobsite is required to have all employees working on the job as mechanical contractors obtain a statewide mechanical contractor license or a local license if the political subdivision requires a license.

A mechanical contractor shall have one license holder responsible for offering field employees eight contact hours of industry training each year, and mechanical contractors shall be responsible for providing proof of such training to the Division upon request.

In the event of a loss of a license holder, a mechanical contractor shall remain in good standing with the Division for six months after notifying the Division of such change. Within the six month period, a new license holder shall be registered with the Division. If no license holder is registered within such six month period, the Division shall declare the mechanical contractor inactive. (Section 324.959)

Political subdivisions may establish their own local mechanical contractor's license, but shall recognize a statewide mechanical contractor license in lieu of a local license for the purposes of performing contracting work or obtaining permits to perform work within such political subdivision. No political subdivision may require the employees of a statewide licensed mechanical contractor or its subcontractors or manufacturers' representatives to obtain journeymen licenses, apprenticeship licenses, or occupational licenses that require passing any examination or any special requirements to assess proficiency.

If a political subdivision does not recognize a statewide mechanical contractor license in lieu of a local license, a statewide mechanical contractor license holder may file a complaint with the Division, which may investigate such complaint. If the Division finds that the political subdivision failed to recognize a statewide mechanical contractor license, the Division shall notify the political subdivision of such violation and grant them 30 days to comply. If after 30 days the political subdivision does not comply, the Division shall notify the Director of the Department of Revenue, who shall withhold any moneys the political subdivision would otherwise be entitled to from local sales tax until the political subdivision is in compliance. (Section 324.962)

This act establishes the Missouri Mechanical Contractor Licensing Fund in the state treasury, which shall be expended for the administration of this act. (Section 324.965)

Mechanical contractor licenses shall expire on a renewal date established by the Division. The Division shall, prior to the renewal date, mail a renewal notice to the last known address of each individual licensed under this act. Failure to provide the Division with the information required for renewal or to pay the required fee shall result in the license being declared inactive. The license shall remain inactive until the license holder applies for reinstatement and pays the required fees, so long as the application for reinstatement is received within two years of the renewal date. (Section 324.968)

Any individual operating as a mechanical contractor in a political subdivision that does not require a local license shall not be required to possess a statewide license to operate as a mechanical contractor in such political subdivision. (Section 324.971)

The Division may refuse to issue any certificate of registration or license, and may cause a complaint to be filed with the Administrative Hearing Commission against any holder of a certificate of registration or license for causes set forth in the act. Upon a finding by the Administrative Hearing Commission that grounds for disciplinary action are met, the Division may censure or place such a individual on probation for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke any license. Upon a judicial or administrative finding of a violation of this act, the Division may assess fines up to $5,000. (Section 324.980)

Any individual who knowingly violates the provisions of this act is guilty of a Class B misdemeanor. (Section 324.983)

The provisions of this act shall not apply to contracting work related to chimney sweeps, outdoor cooking appliances, outdoor fire pits, outdoor gas lanterns, and propane-related equipment for which certification is required.

(Section 324.950)

This act is similar to SS/SB 11 (2021), SCS/SB 559 (2020), SB 376 (2019), HCS/HB 326 (2019), provisions contained in SCS/HB 705 (2019), and HB 2673 (2018).

SARAH HASKINS