271 CMR, § 8.01

Current through Register 1536, December 6, 2024
Section 8.01 - Class S (School License)
(1)Requirement. No person or entity shall operate a Sheet Metal Worker training program without a license issued by the Board.
(2)Applications. Applicants for a Class S (School) license shall meet the following eligibility criteria for licensure:
(a) submission of an application completely and properly filled out in the manner prescribed by the Board, attested to under the pains and penalties of perjury, and accompanied by such other information that the Board may require;

NOTE: Incomplete applications will be retained for 180 days.

(b) the principal owners and administrators of the school shall be of good moral character;
(c) for any premises used for educational purposes, submission of a floor plan and a certificate of occupancy or similar form issued by the appropriate municipality;
(d) submission of a detailed outline of the school curriculum;
(e) submission of the non-refundable fee established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B, and

NOTE: publicly-funded schools will be exempted from licensure fees, but must comply with other aspects of the application process.

(f) (for private schools that charge tuition) submission of:
1. a copy of the intended student contract with an itemization of the tuition, fees, and equipment costs, and
2. a bond in the amount determined by the Board.

NOTE: If the school is also licensed as a Proprietary School, the Board may waive the requirement for an additional bond.

(3)Premises. Schools shall have adequate space and facilities to accommodate the projected enrollment, including:
(a) a demonstration/work area large enough to allow safe passage for staff and students;
(b) a lecture room with a minimum of individual desks or student arm chairs, or tables adequate to allow seating for no more than three students at a table;
(c) male and female rest rooms in accordance with the Commonwealth's plumbing code;
(d) a fire detection and sprinkler system, and operable hand fire extinguishers;
(e) every school shall have, and shall maintain in good working condition, equipment and materials appropriate and sufficient for its student body. The following shall be the minimum equipment required at all times at a licensed school:
1. a library, or designated study area, that maintains published or electronic reference to publications such as: 271 CMR and M.G.L. c. 112, §§ 237 through 251, the Massachusetts Building Code (780 CMR) and its component parts the Massachusetts Basic Building Code and the Massachusetts One- and Two-Family Dwelling Code; the International Mechanical Code; the Sheet Metal and Air Conditioning National Association's standards, the rules and standards of the Federal Occupational Safety and Health Administration, the Massachusetts Fire Code (527 CMR), and applicable National Fire Protection Association codes and standards.
(4)Instructor Ratio. Every school shall regularly employ or have in attendance during school hours at least one approved instructor for 25 students or less, and shall employ or have in attendance one instructor for each additional 25 students or less. No instructor may supervise or teach more than one class at the same time.
(5)Licenses. Instructors in schools shall be licensed instructors competent to impart instruction in those branches of instruction which they teach.
(6)Non-transferrable. A school license is valid only for the location(s) named in the license and is not transferable. School licensees must immediately notify the Board in writing of the sale or change in ownership of management of a school. A school licensee seeking to change the location of the school shall notify the Board in writing at least 30 days before such change. Upon approval of a new location by the Board, the Board shall cancel the license for the previous location and re-issue a license to the licensee bearing the same number as the license for the previous location and indicating the new location. Each school shall display its license in a conspicuous place near its administrative area.

NOTE: With the permission of the Board, a licensed school may operate in multiple locations provided that each location meets the requirements of 271 CMR 8.01(3).

(7)Conduct of Operations.
(a) Each school shall keep a daily record of the attendance of each student and a course-by-course record of studies undertaken. Records should clearly indicate successful/unsuccessful performance. Such records must be available for inspection by the Board or its agents.
(b) All classroom activities for those training to be Journeypersons shall be supervised by a Sheet Metal Instructor licensed by the Board.
(c) All classroom activities for those in training to be Journeypersons shall be reviewed and approved by a Sheet Metal Instructor licensed by the Board.
(8)Remedial, Refresher, Completion, and Continuing Education Training.
(a) Any school duly licensed by the Board may offer courses that are not part of a standard curriculum.
(b) Remedial and refresher training means any and all instruction in any areas of sheet metal work offered to persons who have completed an academic program approved by the Board, but who have not been licensed by the Board. Such training programs may be individually designed based upon students' needs or may be a standardized "Exam Prep" course. Whether offered for a fee or at no cost, all such programs offered to students located in the Commonwealth shall be licensed by the Board. This shall include correspondence, internet, television, and similar media.
(c) Any school desiring to offer advanced training courses shall submit the following information to the Board at least one month prior to the offering of any such course: the title of the course; the objective of the course; the number of course hours; the name, license number, educational background and experience of the instructors, and a detailed curriculum of the course. Advanced training may not be used for credit towards any continuing education requirements or for license upgrading purposes unless explicitly approved by the Board

271 CMR, § 8.01

Amended by Mass Register Issue 1326, eff. 11/18/2016.