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FOUR NEW “ SPECIAL” CONSTRUCTION SUPERVISOR LICENSE

DEPARTMENT OF PUBLIC SAFETY FOUR NEW “ SPECIAL” CONSTRUCTION SUPERVISOR LICENSE Thomas G.Gatzunis, P.E. Commissioner Kevin M. Burke Secretary of Public Safety

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FOUR NEW “ SPECIAL” CONSTRUCTION SUPERVISOR LICENSE

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  1. DEPARTMENT OF PUBLIC SAFETY FOUR NEW“ SPECIAL” CONSTRUCTION SUPERVISOR LICENSE Thomas G.Gatzunis, P.E. Commissioner Kevin M. Burke Secretary of Public Safety

  2. As you view this power point presentation, we hope this will assist you and your Company to understand what a Home Improvement Registration, and a Construction Supervisor License, including our new four “Special” CSL Licenses, in order to comply with MGL, Chapter 142a and 780 CMR R6, along with 780 CMR R5.

  3. Q. As of January, 2008, how many different types of Construction Supervisor Licenses (CSLs) does the Massachusetts State Building Code identify? • State Building Code now identifies seven (7) categories of CSL, including: • Unrestricted (00) • Restricted CSL (1G) • Masonry CSL (1A) • Restricted Roof Covering CSL (RF) • Residential Window/Siding CSL (WS) • Residential Solid Fuel-Burning Appliance Installer CSL (SF) • Demolition Only CSL (DM) • Q. I have received my roofing and or window/siding, solid fuel-burning, demolition CSL, will this allow me to construct a home or other structural procedures? • No. Attaining a CSL specialty license allows the licensee to perform only those activities narrow to the license category. If you wish to construct new homes or additions thereto, you would need to acquire at least an Restricted Construction Supervisor License. • Q. Will I be able to perform, all roofs, siding, replacement windows, if I am grandfathered as a roofing company, and have applied for the roofing (CSL) special license? • No. You will need to apply for your individual grandfathered CSL special license, one for roofs, another for siding, and also for replacement windows.

  4. Q. If one wanted to acquire more than one (1) of the new Specialty CSLs what is the fee for new Licensure? • A single License Card fee of $150.00, this fee covers one or more categories. • Q. Will a picture be required? • Yes, a small passport picture. • Q. If I do not apply to be grandfathered for my new “Special” CSL license, or have failed to be grandfathered, when do I have to take an examination for this “special CSL license?” • Exams are scheduled to begin in or around the July 1, 2008 • Q. Accepting Building Applications from larger corporations, and sub-contract their the projectout. • You will have to accept the company’s HIC, along with their sub-contractor’s HIC, and the CSL holder, who is assigned to the project, whether the contractor, has either an unrestricted, restricted, or a “special CSL license. • Q. If one contracts a job to a sub-contractor, will the sub-contractor need to have appropriate CSL for building permittable work? • Yes, if the sub-contractor is supervising the construction, as the permit CSL holder, than he/she must have the appropriate CSL for the project.

  5. Q. When I sub-contract the job out to a sub-contractor, will my sub-contractor, need to be grandfathered for a CSL special license, when performing, roofing, siding, replacement windows? • Yes, if sub-contractors do not already have their CSL license, they must apply prior to July 2008 to perform residential roofing, siding/windows, solid fuel-burning, demolition. • Q. When are both CSL License and HIC Registration required? • When one is performing home improvement work as defined in MGL, c. 142A, and 780 CMR 110.R6 for those in an existing , owner-occupied 1-4 family residential building and where certain of such work is building permittable, than both the CSL and HIC are required. • Q. In a situation where HIC registration is required, who is responsible for obtaining all “construction “permits (building permit and/or electrical permit and/or plumbing and gas permit, etc.) associated with the proposed project? • The HIC General Law, MGL c 142A§2 (10)m paragraph 4, in part, read: “Any contract entered into between a contractor and homeowner shall require the contractor to inform the homeowner of the following: (i) any and all necessary permits, (ii) that it shall be the obligation of the contractor to obtain said permits, and (iii) that homeowners, who secure their own permits will be excluded form the Guaranty Fund provisions of this chapter.”

  6. MGL, Chapter 142a, § 2, Residential Contracting Agreements, Requirements: (1) the complete agreement between the owner and the contractor and a clear description of any other documents which are or shall be incorporated into said agreement; (2) the full names, addresses, exclusive of post office box addresses, registration number of the contractor, the names of the salesperson, if any, who solicited or negotiated the contract and the date when said contract was executed by the parties; (3) the date on which the work under the contract is scheduled to begin and the date on which said work is scheduled to be substantially completed; (4) a detailed description of the work to be done and the materials to be used in the performance of said contract; (5) the total amount agreed to be paid for the work to be performed under said contract; (6) a time schedule of payments to be made under said contract and the amount of each payment stated in dollars, including all finance charges. Any deposit required under the contract to be paid in advance of the commencement of work under said contract shall not exceed the greater of one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature, which must be ordered in advance of the commencement of work, in order to assure that the project will proceed on schedule. No final payment shall be demanded until the contract is completed to the satisfaction of the parties thereto; Continue ->

  7. (7) the signatures of all parties shall be affixed to the contract; (8) there shall be a clear and conspicuous notice appearing in the contract: that all contractors and subcontractors must be registered by the administrator and that any inquiries about a contractor or subcontractor relating to a registration should be directed to the administrator; of the registration number of the contractor or subcontractor; of an owner’s three-day cancellation rights under section forty-eight of chapter ninety-three, section fourteen of chapter two hundred and fifty-five D, or section ten of chapter one hundred and forty D as may be applicable; of all warranties and the owner’s rights under the provisions of this act; in ten point bold type or larger, directly above the space provided for the signature, “Do not sign this contract if there are any blank spaces”; of any lien on or security interest on the residence as a consequence of the contract. (9) an enumeration of such other matters upon which the owner and the contractor may lawfully agree; provided, however, that no such agreement may waive any rights conveyed to the owner under the provisions of this chapter; and (10) any other provision otherwise required by the applicable laws of the commonwealth. Continue ->

  8. No contract shall contain an acceleration clause under which any part or all of the balance not yet due may be declared due and payable because the holder deems himself to be insecure. However, where the contractor deems himself to be insecure he may require as a prerequisite to continuing said work that the balance of funds due under the contract, which are in the possession of the owner, shall be placed in a joint escrow account requiring the signature of the contractor and owner for withdrawal. At the time of signing, the owner shall be furnished with a copy of the contract signed by both the contractor and the owner. No work shall begin prior to the signing of the contract and transmittal to the owner of a copy of such contract. Any contract entered into between a contractor and homeowner shall require the contractor to inform the homeowner of the following: (i) any and all necessary permits, (ii) that it shall be the obligation of the contractor to obtain said permits, and (iii) that homeowners who secure their own permits will be excluded from the guaranty fund provisions of this chapter. Any contract entered into between a contractor and homeowner may provide that the contractor may initiate alternative dispute resolution through any private arbitration services approved by the director, under paragraphs (a) to (e), inclusive, of section four; provided, that said alternative dispute resolution provision is clearly and conspicuously disclosed in the contract, in language designated by the director, and that each party separately signs and dates the provision, thereby assenting to the procedure. Contracts which fail to comply with the requirements of this section shall not be invalid solely because of noncompliance.

  9. FORMULA TO OBTAIN BUILDING PERMITS • Individual contractor’s HIC# + CSL#, as long as you are supervising the project • FORMULA WHEN THE CONTRACTOR WHO SIGNS THE AGREEMENT W/HOMEONWER HAS TO SUB-CONTRACT THE PROJECT OUT • Individual contractor’s HIC# + sub-contractor’s HIC# & CSL# • For a complete list of project which require either a HIC or CSL or both, please refer to our website - www.mass.gov/dps

  10. Alleged Violations, Chapter 142A, Section 17 1. Operating without a certificate if registration issued by the administrator; 2. Abandoning or failing to perform, without justification, any contractor or project engaged in or undertaken by a registered contractor or subcontractor, or deviating from or disregarding plans or specifications in any material respect without the consent of the owner; 3. Failing to credit to the owner any payment they have made to the contractor or his salesperson in connection with a residential contracting transaction; 4. Making any material misrepresentation in the procurement of a contract of making any false promise of a character likely to influence, persuade or induce the procurement of a contract; 5. Knowingly contracting beyond the scope of the registration as a contractor or subcontractor; 6. Acting directly, regardless of the receipt or the expectation of receipt of compensation or gain from the mortgage lender, in connection with a residential contracting transaction by preparing, offering, or negotiating or attempting to or agreeing to prepare, arrange, offer or negotiate a mortgage loam on behalf of a mortgage lender;

  11. Acting as a mortgage broker or agent for any mortgage lender; • Publishing, directly or indirectly, any advertisement relating to home construction or home improvements which does not contain the contractor’s or subcontractor’s certificate of registration number or which does contain an assertion, representation, or statement of fact which is false, deceptive, or misleading; • Advertising in any manner that a registrant is registered under this chapter unless the advertisement includes an accurate reference to the contractor’s or subcontractor’s certificate of registration; • Violations of the building laws of the commonwealth or of any political subdivision thereof; • Misrepresenting a material fact by an applicant in obtaining a certificate of registration; • Failing to notify the administrator of any change of trade name or address as required by section thirteen; • Conducting a residential contracting business in any name other than the one in which contractor or subcontractor is registered;

  12. 13. Conducting a residential contracting business in any name other than the one in which contractor or subcontractor is registered; • Failing to pay for materials or services rendered in connection with his/her operating as a contractor or subcontractor where they have received sufficient funds as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased; • Failing to comply with any order, demand or requirement lawfully made by the administrator or fund administrator under and within the authority of this chapter; • Demanding or receiving payment in violation of clause(6) of paragraph(a) of section two which states: “a time schedule of payments to be made under said contract and the amount of each payment stated in dollars, including all finance charges. Any deposit required under the contract to be paid in advance of the commencement of work under said contract shall not exceed the greater of one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature, which must be ordered in advance of the commencement of work, in order to assure that the project will proceed on schedule. No final payment shall be demanded until the contract is completed to the satisfaction of the parties thereto; • 17. Violating any other provision of Chapter 142A.

  13. All Contractors Who Sign An Agreement With Homeowners Under Our Home Improvement Registration Program must: Always Obey the Law, As Each Violations Could Result In A Administrative Penalty Of $2,000 Violations of MGL, Chapter 142A Always make sure to following this section

  14. New Construction Supervisor Specialty License • The new, specialty Licenses will be the first to be issued with the new look.  Shortly thereafter, existing construction supervisor license categories will be printed in the new format. Over time, all Department licenses will bear the new look.   • Existing Construction Supervisor License categories include: • Unrestricted • Restricted and • Masonry Only • It is important to check license restrictions that appear on the front of the card in the upper left corner.  Restriction codes are defined on the reverse side of the card.  A restriction code indicates the type of work allowed by the license.  For instance, a license with an RF restriction code allows the licensee to perform and supervise the installation of roofing materials   A complete list of Construction Supervisor License categories (including new license categories) with restriction codes appears below. • Unrestricted 00–Restricted -1G • Residential Window and Siding - WS     • Residential Demolition Only - DM • Residential Solid Fuel Burning Appliance Installation • Masonry Only – 1A • Residential Roof Covering - RF

  15. Department of Public Safety Website www.mass.gov.dps

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