Pennsylvania HB 1052: An Act providing for the licensure of fire-resistant material applicators; establishing the Fireproofing Applicator Licensing Board; and imposing penalties.

Bill Text

PRINTER'S NO. 1141
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1052
Session of
2025
INTRODUCED BY D. MILLER, HILL-EVANS, PROBST, GIRAL, PIELLI,
SANCHEZ, CEPEDA-FREYTIZ AND STEELE, MARCH 25, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 25, 2025
AN ACT
Providing for the licensure of fire-resistant material
applicators; establishing the Fireproofing Applicator
Licensing Board; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fireproofing
Licensing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Accredited educational and training program." A program
that is:
(1) designed to provide education and training on the
application of fire-resistant materials; and
(2) approved and accredited by the board.
"Board." The Fireproofing Applicator Licensing Board
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

established under section 3.
"Certificate." A certificate of licensure issued by the
board indicating that the individual named in the certificate of
licensure is a fire-resistant material applicator.
"Fire-resistant material." A cementitious or fibrous
material that is sprayed onto a surface to provide fire-
resistant protection of the substrate of the surface.
"Fire-resistant material applicator." An individual who
applies fire-resistant materials.
Section 3. Fireproofing Applicator Licensing Board.
(a) Establishment.--The Fireproofing Applicator Licensing
Board is established.
(b) Composition.--The board shall consist of the following
voting members:
(1) The Commissioner of Professional and Occupational
Affairs or a designee.
(2) The State Fire Commissioner or a designee.
(3) Five individuals appointed by the Governor. The
following apply:
(i) Each of the five individuals shall be a resident
of this Commonwealth.
(ii) Two of the five individuals shall be fire-
resistant material applicators with at least 10 years of
practical experience and who are wage earners.
(iii) Two of the five individuals shall be fire-
resistant material applicators with at least 10 years of
practical experience.
(iv) One of the five individuals shall be a
representative of the public.
(c) Terms.--A member of the board described under subsection
20250HB1052PN1141 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

(b)(3) shall be appointed to a term of three years. The member
shall not be eligible for appointment to more than two
consecutive full terms.
(d) Oath.--Each member of the board shall take and subscribe
to the constitutional oath of office.
(e) Attendance.--A member of the board appointed under
subsection (b)(3) who fails to attend three consecutive meetings
shall forfeit membership on the board, unless the Commissioner
of Professional and Occupational Affairs, upon written request
from the member, finds that the member should be excused from a
meeting because of illness or the death of an immediate family
member.
(f) Quorum.--A majority of the board shall constitute a
quorum to conduct official business.
(g) Organization and meetings.--
(1) An organizational meeting of the board shall be held
annually, at which time the board shall elect from its
membership a president, vice president and secretary, who
shall serve for one year or until the board elects a
successor.
(2) The board shall meet at least four times per year
and at other times as the board, in consultation with the
Commissioner of Professional and Occupational Affairs, deems
desirable. Other meetings of the board may be called in
accordance with rules and regulations promulgated by the
board.
(3) The board shall give adequate public notice of the
date, time and place of meetings.
(h) Vacancy in office.--If a vacancy in the office of
president, vice president or secretary of the board occurs, the
20250HB1052PN1141 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

remaining members of the board shall fill the vacancy by
election.
(i) Expenses.--Each member of the board shall be paid
reasonable travel, lodging and other necessary expenses and per
diem compensation at the rate of $60 for each day of actual
service while on board business.
Section 4. Powers and duties of board.
The board shall:
(1) Establish reasonable rules and regulations that are
consistent with and necessary to carry out the provisions of
this act, including:
(i) Standards of professional conduct for fire-
resistant material applicators.
(ii) Procedures for the issuance and renewal of
certificates as the board deems appropriate.
(iii) The functions, powers, standards and duties to
be followed by hearing examiners under this act.
(iv) Fees required under this act.
(2) Issue certificates to individuals who are eligible
under section 5(a).
(3) Establi