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

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
 1   Providing for the licensure of fire-resistant material
 2      applicators; establishing the Fireproofing Applicator
 3      Licensing Board; and imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.    Short title.
 7      This act shall be known and may be cited as the Fireproofing
 8   Licensing Act.
 9   Section 2.    Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Accredited educational and training program."      A program
14   that is:
15          (1)    designed to provide education and training on the
16      application of fire-resistant materials; and
17          (2)    approved and accredited by the board.
18      "Board."    The Fireproofing Applicator Licensing Board
 1   established under section 3.
 2      "Certificate."       A certificate of licensure issued by the
 3   board indicating that the individual named in the certificate of
 4   licensure is a fire-resistant material applicator.
 5      "Fire-resistant material."       A cementitious or fibrous
 6   material that is sprayed onto a surface to provide fire-
 7   resistant protection of the substrate of the surface.
 8      "Fire-resistant material applicator."       An individual who
 9   applies fire-resistant materials.
10   Section 3.     Fireproofing Applicator Licensing Board.
11      (a)   Establishment.--The Fireproofing Applicator Licensing
12   Board is established.
13      (b)   Composition.--The board shall consist of the following
14   voting members:
15            (1)   The Commissioner of Professional and Occupational
16      Affairs or a designee.
17            (2)   The State Fire Commissioner or a designee.
18            (3)   Five individuals appointed by the Governor. The
19      following apply:
20                  (i)    Each of the five individuals shall be a resident
21            of this Commonwealth.
22                  (ii)    Two of the five individuals shall be fire-
23            resistant material applicators with at least 10 years of
24            practical experience and who are wage earners.
25                  (iii)    Two of the five individuals shall be fire-
26            resistant material applicators with at least 10 years of
27            practical experience.
28                  (iv)    One of the five individuals shall be a
29            representative of the public.
30      (c)   Terms.--A member of the board described under subsection

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

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 1   remaining members of the board shall fill the vacancy by
 2   election.
 3      (i)   Expenses.--Each member of the board shall be paid
 4   reasonable travel, lodging and other necessary expenses and per
 5   diem compensation at the rate of $60 for each day of actual
 6   service while on board business.
 7   Section 4.     Powers and duties of board.
 8      The board shall:
 9            (1)   Establish reasonable rules and regulations that are
10      consistent with and necessary to carry out the provisions of
11      this act, including:
12                  (i)    Standards of professional conduct for fire-
13            resistant material applicators.
14                  (ii)    Procedures for the issuance and renewal of
15            certificates as the board deems appropriate.
16                  (iii)    The functions, powers, standards and duties to
17            be followed by hearing examiners under this act.
18                  (iv)    Fees required under this act.
19            (2)   Issue certificates to individuals who are eligible
20      under section 5(a).
21            (3)   Establish standards for continuing education
22      reflecting acceptable national standards in the application
23      and use of fire-resistant materials.
24            (4)   Approve accredited educational and training
25      programs.
26            (5)   Administer and enforce the laws of this Commonwealth
27      relating to fire-resistant material application, including:
28                  (i)    The commencement of appropriate proceedings or
29            other actions for unauthorized and unlawful practice and
30            for other violations of this act, including the

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 1        initiation of proceedings for injunctive relief or
 2        criminal prosecution. Proceedings for injunctive relief
 3        or criminal prosecution shall be in accordance with the
 4        act of October 15, 1980 (P.L.950, No.164), known as the
 5        Commonwealth Attorneys Act.
 6               (ii)    The commencement of disciplinary action as
 7        described in this act.
 8        (6)    Appoint, with the approval of the Governor, hearing
 9    examiners as necessary to conduct hearings under this act.
10        (7)    Keep records of the proceedings of the board.
11        (8)    Keep records relating to applications, which shall
12    include:
13               (i)    The name, age and last known address of each
14        applicant for licensure.
15               (ii)    Information concerning each applicant's
16        education, experience and other qualifications.
17               (iii)    Other information as the board deems
18        appropriate.
19        (9)    Maintain and regularly update a roster showing the
20    name, license number and business address of each fire-
21    resistant material applicator under this act. The board shall
22    post the roster on the publicly accessible Internet website
23    of the board.
24        (10)    Maintain records relating to each fire-resistant
25    material applicator.
26        (11)    Submit, at the end of each fiscal year, an annual
27    report of the activities and transactions of the board during
28    the preceding fiscal year to the Commissioner of Professional
29    and Occupational Affairs.
30        (12)    Within 15 days after the Governor has submitted the

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 1      proposed budget for the ensuing fiscal year to the General
 2      Assembly, submit a proposed budget request for the operation
 3      of the board for the ensuing fiscal year to:
 4                   (i)    The Commissioner of Professional and
 5            Occupational Affairs.
 6                   (ii)    The chairperson and minority chairperson of the
 7            Appropriations Committee of the Senate.
 8                   (iii)    The chairperson and minority chairperson of
 9            the Appropriations Committee of the House of
10            Representatives.
11            (13)    Submit an annual report, which contains a
12      description of the types of complaints received by the board,
13      the status of cases, board actions and the length of time
14      from the initial complaint to final board resolution, to:
15                   (i)    The chairperson and minority chairperson of the
16            Consumer Protection and Professional Licensure Committee
17            of the Senate.
18                   (ii)    The chairperson and minority chairperson of the
19            Consumer Protection, Technology and Utilities Committee
20            of the House of Representatives.
21                   (iii)    The chairperson and minority chairperson of
22            the Professional Licensure Committee of the House of
23            Representatives.
24            (14)    Determine whether the fees, fines and civil
25      penalties imposed under this act are sufficient to cover
26      expenditures and take steps to ensure that projected revenues
27      will meet or exceed projected expenditures.
28   Section 5.      Applicants.
29      (a)   Eligibility.--An individual who is of good character,
30   who is a legal resident of this Commonwealth and who has

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 1   completed an accredited educational and training program may
 2   apply for a certificate under this act.
 3      (b)    Verification.--Each applicant for a certificate shall
 4   submit evidence satisfactory to the board that the applicant has
 5   completed an accredited educational and training program.
 6   Section 6.      Issuance and renewal of certificates.
 7      (a)    Issuance.--Upon approval of an application for a
 8   certificate, the board shall issue the certificate conditional
 9   on payment of a fee set by the board.
10      (b)    Contents.--Each certificate shall contain the name of
11   the individual to whom the certificate was issued and a license
12   number.
13      (c)    Term.--
14             (1)   A certificate shall be valid for two years.
15             (2)   A certificate shall expire on the day prescribed by
16      the board.
17      (d)    Renewal.--A fire-resistant material applicator may renew
18   a certificate after review by the board to ensure that the
19   applicant for renewal remains in compliance with this act.
20      (e)    Duplicates.--
21             (1)   The board shall issue a duplicate certificate to
22      replace one that has been lost, destroyed or mutilated, upon
23      payment of a fee as required by the board.
24             (2)   The board may require a fire-resistant material
25      applicator requesting a duplicate certificate to furnish
26      documentation satisfactory to the board relating to the loss,
27      destruction or mutilation of the original certificate.
28      (f)    Nontransferability.--A certificate shall not be
29   transferable to another individual.
30      (g)    Board authority.--The board may, in its discretion,

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 1   issue a certificate to an applicant denied licensure upon
 2   presentation of suitable evidence of reform.
 3   Section 7.     Prohibition.
 4      An individual may not engage or offer to engage in the
 5   practice of fire-resistant material application in this
 6   Commonwealth unless the individual holds a currently valid
 7   certificate.
 8   Section 8.     Disciplinary proceedings.
 9      (a)   Board action for inappropriate acts.--The board may
10   refuse to issue a certificate to an applicant, revoke or suspend
11   a certificate, censure a fire-resistant material applicator,
12   issue a letter of reprimand, restrict a fire-resistant material
13   applicator or attach conditions to a certificate for any of the
14   following acts:
15            (1)   Bribery, fraud, misstatement or misrepresentation of
16      fact by an applicant in connection with the application for a
17      certificate.
18            (2)   Engaging in the application of fire-resistant
19      materials in this Commonwealth in violation of:
20                  (i)    any provision of this act; or
21                  (ii)    the rules and regulations adopted or
22            promulgated in accordance with this act.
23            (3)   Bribery, fraud, deceit, recklessness, gross
24      negligence or incompetence in the practice of fire-resistant
25      material application.
26      (b)   Powers of board.--In a disciplinary proceeding brought
27   in accordance with this act, the board shall have the power to
28   administer oaths, summon witnesses and compel the production of
29   documents in accordance with law. If a person fails to appear or
30   produce documents in accordance with the board's order, the

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 1   board may take appropriate action in accordance with the act of
 2   October 15, 1980 (P.L.950, No.164), known as the Commonwealth
 3   Attorneys Act, to enforce compliance.
 4   Section 9.     Penalties.
 5      (a)   Fines.--A person who engages in the application of fire-
 6   resistant materials in violation of this act shall:
 7            (1)   For a first offense, be guilty of a summary offense
 8      and, upon conviction, be sentenced to pay a fine not
 9      exceeding $500.
10            (2)   For a second or subsequent offense, be guilty of a
11      misdemeanor and, upon conviction, be sentenced to pay a fine
12      of not less than $2,000 but not more than $5,000.
13      (b)   Civil penalty.--In addition to any other civil remedy or
14   criminal penalty provided for in this act, the board may, by
15   majority vote, levy a civil penalty not to exceed $1,000 on a
16   fire-resistant material applicator who violates any provision of
17   this act or on a person who practices fire-resistant material
18   application without being properly licensed to do so under this
19   act. The board may levy the civil penalty only after affording
20   the accused party the opportunity for a hearing, in accordance
21   with 2 Pa.C.S. (relating to administrative law and procedure).
22      (c)   Remedy not exclusive.--The right of the board to take an
23   action under section 8(a) shall be in addition to the penalties
24   specified under this section.
25      (d)   Deposit.--All fines and civil penalties imposed in
26   accordance with this section shall be deposited into the
27   Professional Licensure Augmentation Account.
28   Section 10.     Complaint procedure and hearings.
29      (a)   Charges.--
30            (1)   A person may refer charges against a fire-resistant

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 1      material applicator by submitting a written statement of
 2      charges, sworn to by the complainant, to the board.
 3            (2)   The board may, on its own motion, investigate the
 4      conduct of an applicant or a fire-resistant material
 5      applicator and shall, in appropriate cases, file a written
 6      statement of charges.
 7      (b)   Representation.--An applicant or fire-resistant material
 8   applicator charged shall be entitled to be represented by
 9   counsel at a hearing under subsection (c).
10      (c)   Hearings.--
11            (1)   Except as otherwise provided in this section, a
12      hearing under this subsection shall be conducted in
13      accordance with 2 Pa.C.S. (relating to administrative law and
14      procedure).
15            (2)   A hearing under this subsection may be held by the
16      board, any member of the board or any hearing examiner or
17      other person authorized by the board.
18            (3)   The date, time and place of a hearing under this
19      subsection shall be fixed by the board or authorized hearing
20      examiner.
21            (4)   An individual authorized to conduct a hearing under
22      this subsection may administer oaths and conduct
23      investigations.
24            (5)   When a matter is referred to an authorized hearing
25      examiner or other person for a hearing under this subsection,
26      the hearing officer or other person shall, following the
27      completion of the testimony in the hearing and as soon as
28      practicable, file a report with the board specifying findings
29      of fact and recommendations. Upon review of the record, the
30      board may, by majority vote:

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 1                 (i)    adopt the findings and recommendations in the
 2          report; or
 3                 (ii)    with or without additional testimony:
 4                        (A)   return the matter to the hearing officer or
 5                 other person for further consideration as the board
 6                 deems necessary; or
 7                        (B)   make additional or other findings of fact on
 8                 the basis of all the legally probative evidence in
 9                 the record and enter its conclusions of law and order
10                 in accordance with the requirements for the issuance
11                 of an adjudication under 2 Pa.C.S.
12   Section 11.    Effective date.
13      This act shall take effect in 60 days.




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