Misconduct shall be:

1. (a) The participation in, or practice of, fraud or deceit in procuring or attempting to procure a license or certificate for one’s self or for the benefit of another;

2. (b) While licensed or certified, any conviction of:

   1. (1) A felony;
   2. (2) Any criminal offense involving injury to a victim or the risk of such injury; or
   3. (3) Any criminal offense involving dishonesty;

3. (c) Unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of fuel gas fitting, plumbing, or oil heating, including:

   1. (1) Violating the adopted rules of the board;
   2. (2) Violating RSA 153:27 through RSA 153:31 and RSA 153:34 through RSA 153:36;
   3. (3) Violating the current adopted state building code or the state fire safety code;
   4. (4) Violating a local code ordinance more stringent than the state fire safety or building code;
   5. (5) A mechanical licensee or a mechanical business entity allowing the performance of plumbing or fuel gas fitting work by an individual who is not a licensed fuel gas fitter, plumber, or an apprentice or trainee holding a currently valid registration license; or
   6. (6) A mechanical licensee allowing the performance of plumbing work by an apprentice in violation of the apprenticeship agreement required by RSA 278 or by Mec 304.04(e)(1), or fuel gas fitting work by a trainee in violation of RSA 153:27 through RSA 153:31, RSA 153:34 through RSA 153:36, Mec 300, or Mec 400;
4. (d) Negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee or certificate holder;
5. (e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice plumbing or fuel gas fitting;
6. (f) Mental or physical incompetence to practice plumbing or fuel gas fitting;
7. (g) Willful or repeated violations of RSA 153:27 through RSA 153:31 and RSA 153:34 through RSA 153:36;
8. (h) Suspension or revocation without reinstatement of a license or certification similar to one issued under RSA 310:17 in another jurisdiction; or
9. (i) The failure of a mechanical licensee, plumbing apprentice, fuel gas trainee, or certified oil heating technician, to recognize, repair, or remove from service any appliance or system that presents an imminent threat to the health or life safety of a property owner, resident, tenant, or visitor to the property, facility, or building which the licensee discovers in the performance of their duties.

Source. #12385, eff 9-20-17; (formerly Saf-Mec 604.01) (see Revision Note at chapter heading for Mec 600); ss by #14190, INTERIM, eff 2-12-25, EXPIRES: 8-11-25; ss by #14482, eff 2-13-26, EXPIRES: 2-13-36