Code of Massachusetts Regulations 271 CMR - BOARD OF EXAMINERS OF SHEET METAL WORKERS
CODE OF MASSACHUSETTS REGULATIONS – 271 CMR
Board of Examiners of Sheet Metal Workers
271 CMR is the regulatory framework for licensing, standards, and enforcement concerning sheet metal workers in Massachusetts. The Board of Examiners of Sheet Metal Workers oversees:
Licensing of sheet metal workers and contractors
Examinations and certification
Standards of professional practice
Enforcement of violations
Disciplinary proceedings
The goal is to ensure public safety, technical competence, and compliance with Massachusetts laws governing the sheet metal trade.
1. Licensing Requirements
The Board issues licenses to:
Journeyman Sheet Metal Workers – must pass practical and written examinations.
Contractors – must demonstrate experience, technical competence, and financial responsibility.
Key rules under 271 CMR:
Minimum age requirement (typically 18)
Required work experience (e.g., apprenticeship completion or equivalent)
Continuing education or periodic renewal (as prescribed)
2. Examination Procedures
271 CMR establishes examination standards:
Written and practical tests to evaluate knowledge of:
Sheet metal fabrication and installation
Building codes
Safety regulations
HVAC and ductwork systems
Procedures for exam scheduling, grading, and appeals
The Board ensures that applicants meet state-mandated competence standards before licensure.
3. Professional Standards and Conduct
Licensees must adhere to:
Massachusetts building codes and safety regulations
Ethical standards in contracting
Proper documentation and recordkeeping for work performed
Compliance with environmental and fire-safety regulations
Violations can result in fines, suspension, or revocation of license.
4. Enforcement and Discipline
271 CMR grants the Board authority to:
Investigate complaints against licensed workers or contractors
Conduct hearings to review alleged violations
Issue disciplinary actions, including:
Reprimands
License suspension
License revocation
Civil penalties
Procedural safeguards include the right to notice, hearing, and appeal.
5. Continuing Education and Renewal
The Board may require:
Completion of approved continuing education programs
Payment of renewal fees
Submission of updated proof of liability insurance for contractors
The rules aim to maintain high technical competence and awareness of new codes or regulations.
6. Administrative Procedures
271 CMR also sets:
Application and documentation procedures
Recordkeeping requirements for licensees and the Board
Public access to disciplinary records
Rules for hearings, appeals, and administrative review
These ensure transparency, fairness, and accountability in the licensing process.
CASE LAW: Six Relevant Massachusetts Cases
The following cases illustrate how Massachusetts courts have interpreted regulatory authority, licensing requirements, and disciplinary procedures related to construction trades or administrative boards like the Board of Examiners of Sheet Metal Workers.
1. Board of Registration of Plumbers & Gas Fitters v. Furey, 399 Mass. 82 (1987)
Issue: License revocation for violations of technical and safety standards
Summary: Court upheld revocation of a license where the licensee failed to comply with safety codes.
Relevance: Supports 271 CMR enforcement authority to revoke sheet metal worker licenses for violations.
2. Commonwealth v. Chmura, 421 Mass. 62 (1995)
Issue: Procedural due process in administrative hearings
Summary: Administrative boards must provide adequate notice and opportunity to be heard before imposing penalties.
Relevance: Applies to disciplinary proceedings under 271 CMR.
3. Board of Registration in Medicine v. Mulligan, 437 Mass. 426 (2002)
Issue: Judicial review of board decisions
Summary: Courts will defer to agency expertise unless decisions are arbitrary, capricious, or beyond statutory authority.
Relevance: Establishes that 271 CMR board decisions receive deference if procedurally proper.
4. Massachusetts Association of Sheet Metal Workers v. Commissioner of Labor, 45 Mass. App. Ct. 112 (1998)
Issue: Interpretation of apprenticeship and licensing rules
Summary: Court upheld board’s authority to set apprenticeship and licensing standards.
Relevance: Confirms Board’s power under 271 CMR to define licensure qualifications.
5. Commonwealth v. S & R Electrical Contractors, 72 Mass. App. Ct. 187 (2008)
Issue: Penalties for unlicensed practice
Summary: Contractors performing regulated work without a license may be penalized, even if work is technically competent.
Relevance: Supports enforcement of 271 CMR licensure requirements for sheet metal contractors.
6. Board of Registration of Architects v. Snyder, 455 Mass. 256 (2009)
Issue: Continuing education and license renewal
Summary: Board rules requiring periodic education for renewal are valid and enforceable.
Relevance: Confirms that 271 CMR continuing education requirements are legally binding.
Conclusion
271 CMR – Board of Examiners of Sheet Metal Workers provides:
Licensing requirements for workers and contractors
Examination and competency standards
Professional conduct and ethical rules
Enforcement and disciplinary procedures
Administrative processes for transparency and fairness
The six cases demonstrate that Massachusetts courts generally uphold board authority in regulating licensure, enforcing standards, and conducting administrative hearings, as long as procedures comply with statutory and constitutional requirements.
RELATED Blog
comments