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SECOND REGULAR SESSION
HOUSE BILL NO. 2659
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COSTLOW .
6447H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 324, RSMo, by adding thereto eleven new sections relating to statewide
mechanical contractor licenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 324, RSMo, is amended by adding thereto eleven new sections, to
2 be known as sections 324.950, 324.953, 324.956, 324.959, 324.962, 324.965, 324.968,
3 324.971, 324.977, 324.980, and 324.983, to read as follows:
324.950. 1. Sections 324.950 to 324.983 shall be known and may be cited as the
2 "Missouri Statewide Mechanical Contractor Licensing Act".
3 2. As used in sections 324.950 to 324.983, unless the context clearly indicates
4 otherwise, the following terms mean:
5 (1) "Division", the division of pr ofessional regi stration within the department of
6 commer ce and insurance;
7 (2) "Field employee", any person who is an employee of a mechanical contractor
8 and is engaged in mechanical work at a job site within this state;
9 (3) "License holder", any person who is granted a statewide mechanical
10 contractor license by the division;
11 (4) "Local license", a valid business or occupational license issued by a political
12 subdivision of this state;
13 (5) "Mechanical contractor", a company engaged in mechanical contracting
14 work per the International Code Council (ICC) and National Fir e Protec tion
15 Association (NFP A), including the design, installation, maintenance, construction,
16 alteration, r epair , or inspection of any of the following:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (a) HV AC system;
18 (b) HV AC duct system;
19 (c) Exhaust systems;
20 (d) Combustion air or make-up air;
21 (e) Chimneys and vents;
22 (f) Hydr onic piping systems that are part of an HV AC system;
23 (g) Boilers, water heaters, and pr essur e vessels;
24 (h) Pr ocess piping systems;
25 (i) Fuel gas distribution piping;
26 (j) Fuel gas-fired, fuel, and oil-fir ed appliances;
27 (k) Fuel oil piping and storage vessels;
28 (l) Fuel gas-fir ed and fuel oil-fir ed appliance venting systems;
29 (m) Equipment and appliances intended to utilize solar energy for space heating
30 or cooling;
31 (n) Domestic hot water heating, swimming pool heating, or pr ocess heating;
32 (o) Refrigeration systems, including all equipment and components ther eof;
33 (p) Backflow preven ters;
34 (q) Medical gas piping;
35 (r) Air , oxygen, and vacuum piping;
36 (s) Fir e suppre ssion systems; and
37 (t) Chillers and cooling towers.
38
39 For purposes of this subdivision, the term "mechanical contracting work" shall not
40 include the design, service, maintenance, installation, or inspection of solid-fuel or gas-
41 fueled hearth appliances, such as wood stoves and fir eplaces, including manufactur er -
42 specified venting systems, firepl ace chimneys, outdoor cooking appliances with
43 manufactur er -specified venting systems, outdoor firepl aces, and outdoor firepi ts.
44 Additional certification may be requi red by the division for a particular scope of
45 mechanical work;
46 (6) "Office", the office of mechanical contractors within the division of
47 pr ofessional r egistration;
48 (7) "Person", an individual, corporation, partnership, association, or other legal
49 entity;
50 (8) "Statewide mechanical contractor license", a valid license issued by the
51 division that allows the mechanical contractor and any of its employees or
5 2 manufactur ers' r epresent atives or subcontractors to practice in any jurisdiction in
53 Missouri r egardless of local licensing req uire ments.
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324.953. 1. The division shall adopt, implement, r escind, amend, and administer
2 such rules as may be necessary to carry out the provi sions of sections 324.950 to 324.983.
3 The division may pro mulgate necessary rules authorized or as req uired to explain or
4 clarify sections 324.950 to 324.983 including, but not limited to, rules r elating to
5 pr ofessional conduct, continuing competency requ irem ents for the ren ewal of licenses,
6 appr oval of continuing competency pr ograms, fees, and the establishment of ethical
7 standards of business practice for persons holding a license under sections 324.950 to
8 324.983. Any rule or portion of a rule, as that term is defined in section 536.010, that is
9 cr eated under the authority delegated in this section shall become effective only if it
10 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
11 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
12 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
13 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
14 then the grant of rulemaking authority and any rule pro posed or adopted after August
15 28, 2026, shall be invalid and void.
16 2. For the purpose of sections 324.950 to 324.983, the division shall:
17 (1) Establish all applicable fees, set at an amount that shall not substantially
18 exceed the cost of administering sections 324.950 to 324.983; and
19 (2) Deposit all fees collected under sections 324.950 to 324.983 by transmitting
20 such funds to the department of rev enue for deposit to the state tr easury to the credit of
21 the Missouri mechanical contractor licensing fund.
22 3. Nothing in sections 324.950 to 324.983 shall apply to any certification r equir ed
23 by r egulation adopted under subdivision (3) of subsection 13 of section 323.025.
324.956. There is her eby cr eated the "Office of Mechanical Contractors", to be
2 housed within the division of profes sional regist ration. The division shall:
3 (1) Employ , within the limits of the funds appr opriated, persons as ar e necessary
4 to carry out the provi sions of sections 324.950 to 324.983, including both administrative
5 and pr ofessional staff and legal counsel, with the discret ion to hir e experts in mechanical
6 contracting to advise the division on technical matters r elated to mechanical
7 contracting;
8 (2) Exercis e all budgeting, pur chasing, rep orting, and rela ted management
9 functions;
10 (3) Conduct investigations to determine compliance with sections 324.950 to
11 324.983; and
12 (4) File suit in its own name on behalf of the office to enfor ce the pr ovisions of
13 sections 324.950 to 324.983.
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324.959. 1. The applicant for a statewide mechanical contractor license shall
2 satisfy the following requi rem ents:
3 (1) Be at least twenty-one years of age;
4 (2) Pr ovide proo f of liability insurance in the amount of one million dollars and
5 post bond with each political subdivision in which he or she will perform work as
6 r equir ed by that political subdivision. If a political subdivision requi res any license
7 holder to be named on a document, including, but not limited to, the bond, the license
8 holder of the mechanical contractor shall be allowed to pr ovide services in the political
9 subdivision;
10 (3) Pass:
11 (a) A standardized mechanical assessment test nationally offered by:
12 a. The International Code Council (ICC);
13 b. Pr ometric; or
14 c. The International Association of Plumbing and Mechanical Officials
15 (IAPMO); or
16 (b) A test similar to any test described in paragraph (a) of this subdivision that is
17 administer ed by an independent pr ofessional testing agency not affiliated with any
18 political subdivision or this state and that is appr oved by the division;
19 (4) Pay for all costs associated with the tests described in subdivision (3) of this
20 subsection;
21 (5) Complete the application form pr ovided by the division and pay any
22 applicable application fees; and
23 (6) Have completed seven thousand five hundred hours of verifiable field
24 experience in mechanical contracting work or a bachelor's or further advanced degr ee
25 in mechanical or civil engineering fro m an accred ited college or university with a
26 minimum of thr ee years of verifiable experience dir ecting and supervising at least one
27 field employee.
28 2. Any applicant for licensure who holds a local license or other license
29 authorizing him or her to engage in mechanical contracting, who has seven thousand
30 five hundred hours of verifiable field experience in mechanical contracting work, and
31 who is otherwise eligible for licensur e shall be issued a statewide mechanical contractor
32 license. The pro visions of this subsection shall apply only to licenses issued by a political
33 subdivision with the legal authority to issue such licenses.
34 3. If a corporation, firm, institution, organization, company , or repr esentative
35 ther eof desir es to engage in mechanical contracting under sections 324.950 to 324.983, it
36 shall have in its employ at least one statewide license holder in accordance with sections
37 324.950 to 324.983. A statewide mechanical contractor license holder shall repr esent
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38 only one corporation, firm, institution, organization, or company at one time. A
39 mechanical contractor shall have one license holder re sponsible for offering to field
40 employees based in this state eight contact hours of industry training per year , and such
41 mechanical contractor shall be re sponsible for pro viding pr oof of training to the division
42 upon re quest. In the event of a loss of a license holder , a mechanical contractor shall
43 r emain in good standing with the division for six months after notifying the division of
44 the change in status. W ithin the six-month period, a new license holder shall be
45 r egister ed with the division. If no license holder is r egister ed within such six-month
46 period, the division shall declar e the mechanical contractor inactive.
47 4. The division may issue a statewide mechanical contractor license to any
48 person who holds a curre nt and active license to engage in the practice of a mechanical
49 contractor or as a master pipefitter or master plumber issued by any other state, the
50 District of Columbia, or any territory of the United States that req uire s standards for
51 licensur e, reg istration, or certification consider ed to be equivalent or mor e stringent
52 than the r equir ements for licensur e under sections 324.950 to 324.983.
53 5. Wher e the contact information of a mechanical contractor's employees is
54 r equir ed to fulfill the obligations of a license, such contact information shall be
55 consider ed a trade secr et and ther efor e not a public recor d under chapter 610.
324.962. 1. A political subdivision shall not be pr ohibited fr om establishing a
2 local mechanical contractor's license but shall recog nize a statewide license in lieu of a
3 local license for the purpose of performing contracting work or obtaining permits to
4 perform work within such political subdivision. No political subdivision shall requi re
5 the employees of a statewide licensed mechanical contractor , or its subcontractors' or
6 manufactur ers' re present atives, to obtain journeyman licenses, appr entice licenses, or
7 occupation licenses that r equir e passing any examination or any special req uirements to
8 assess proficien cy or mastery of the mechanical trade. The workforce of a statewide
9 licensee shall be deemed eligible to perform mechanical contracting work and to obtain
10 permits to perform such work from any political subdivision within this state.
11 2. If a political subdivision does not recogn ize a statewide license in lieu of a local
12 license for the purpose of performing contracting work or obtaining permits to perform
13 work within the political subdivision, a statewide mechanical contractor licensee may
14 file a complaint with the division. The division shall perform an investigation into the
15 complaint, and if the division finds that the political subdivision failed to recog nize a
16 statewide license in accordance with this section, the division shall notify the political
17 subdivision that the political subdivision has violated the prov isions of this section and
18 has thirty days to comply with this section. If after thirty days the political subdivision
19 still does not recogn ize a statewide license, the division shall notify the dir ector of the
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20 department of reven ue, who shall withhold any moneys the noncompliant political
21 subdivision would otherwise be entitled to fr om local sales tax, as defined in section
22 32.085, until the dir ector has receiv ed notice fr om the division that the political
23 subdivision is in compliance with this section. Upon the political subdivision coming
24 into compliance with the pro visions of this section, the division shall notify the dir ector
25 of the department of r evenue, who shall disburse all funds held under this subsection.
26 Moneys held by the dir ector of the department of revenu e under this subsection shall
27 not be deemed to be state funds and shall not be commingled with any funds of the state.
28 3. The provi sions of this section shall not pr ohibit any political subdivision in
29 this state fr om:
30 (1) Enfor cing any technical code or law contained in this section;
31 (2) Requiring a business license to perform mechanical contracting work;
32 (3) Issuing mechanical contracting permits;
33 (4) Enfor cing technical codes of the political subdivision; or
34 (5) Inspecting the work of a statewide mechanical contractor .
35 4. Political subdivisions that do not have the authority to issue or requi re
36 mechanical contractor licenses prior to August 28, 2026, shall not be granted such
37 authority under the pr ovisions of this section.
324.965. Ther e is her eby creat ed in the state trea sury the "Missouri Mechanical
2 Contractor Licensing Fund", which shall consist of moneys collected under sections
3 324.950 to 324.983. The state tr easurer shall be custodian of the fund and may appr ove
4 disbursements fr om the fund in accordance with sections 30.170 and 30.180. Upon
5 appr opriation, moneys in the fund shall be used solely for the administration of sections
6 324.950 to 324.983. The pro visions of section 33.080 to the contrary notwithstanding,
7 moneys in this fund shall not be transferred and placed to the credit of general reven ue
8 until the amount in the fund at the end of the biennium exceeds thr ee times the amount
9 of the appr opriation fro m the fund for the prece ding fiscal year . The amount, if any , in
10 the fund that shall lapse is that amount in the fund that exceeds the appr opriate multiple
11 of the appr opriations fr om the fund for the prece ding fiscal year . The state tr easurer
12 shall invest moneys in the fund in the same manner as other funds ar e invested. Any
13 inter est and moneys earned on such investments shall be cre dited to the fund.
324.968. 1. Licenses shall expir e on a renewa l date established by the division.
2 The term of licensur e shall be twenty-four months. The division shall mail a rene wal
3 notice to the last known addr ess of each person licensed under sections 324.950 to
4 324.983 prior to the renew al date. Failur e to pr ovide the division with the information
5 r equir ed for re newal or to pay the req uired fee after such notice shall r esult in the
6 license being declar ed inactive. The licensee shall not practice until he or she applies for
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7 r einstatement and pays the requ ired fees. The license shall be res tor ed if the application
8 for reinst atement is received within two years of the r enewal date.
9 2. In addition to other req uirements pr ovided by sections 324.950 to 324.983 and
10 established by the division, in order to r enew such license under this section, the person
11 shall have at least sixteen contact hours of industry-r elated training.
324.971. 1. Any person operating as a mechanical contractor in a political
2 subdivision that does not r equir e the mechanical contractor to hold a local license, or
3 who operates as a mechanical contractor in a political subdivision that req uires a local
4 license possessed by that person, shall not be requi red to possess a statewide license
5 under sections 324.950 to 324.983 to operate as a mechanical contractor in such political
6 subdivision.
7 2. Any person operating as a mechanical contractor in an industrial setting shall
8 not be requ ired to possess a statewide license under sections 324.950 to 324.983.
324.977. The statewide mechanical contractor license shall be regul ated by the
2 division of pr ofessional reg istration and not a state-appointed licensing board.
324.980. 1. The division may ref use to issue a statewide mechanical contractor
2 license for one or any combination of causes stated in subsection 2 of this section. The
3 division shall notify the applicant in writing of the r easons for the ref usal and shall
4 advise the applicant of his or her right to file a complaint with the administrative
5 hearing commission as provi ded by chapter 621.
6 2. The division may cause a complaint to be filed with the administrative hearing
7 commission as pr ovided by chapter 621 against any license holder or any person who
8 has failed to renew or has surren dered his or her license for any one or any combination
9 of the following causes:
10 (1) Use of any contr olled substance, as defined in chapter 195, or alcoholic
11 beverage to an extent that such use impairs a person's ability to perform the work of
12 any profession licensed or reg ulated by sections 324.950 to 324.983;
13 (2) The person has been finally adjudicated and found guilty , or enter ed a plea of
14 guilty or nolo contender e, in a criminal pr osecution under the laws of any state, of the
15 United States, or of any country for any offense dir ectly r elated to the duties and
16 r esponsibilities of the occupation, as set forth in section 324.012, rega rdless of whether a
17 sentence is imposed;
18 (3) Use of fraud, deception, misr epr esentation, or bribery in securing any license
19 issued under sections 324.950 to 324.983 or in obtaining permission to take any
20 examination given or requ ired under sections 324.950 to 324.983;
21 (4) Obtaining or attempting to obtain any fee, charge, tuition, or other
22 compensation by fraud, deception, or misr epr esentation;
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23 (5) Incompetency , misconduct, gr oss negligence, fraud, misre present ation, or
24 dishonesty in the performance of the functions or duties of any pr ofession licensed or
25 r egulated by sections 324.950 to 324.983;
26 (6) V iolation of, or assisting or enabling any person to violate, any pr ovision of
27 sections 324.950 to 324.983 or of any lawful rule or r egulation adopted ther eunder;
28 (7) Impersonation of any person holding a statewide mechanical contractor
29 license or allowing any person to use his or her license or diploma fro m any school;
30 (8) Disciplinary action against the holder of a license or other right to practice
31 any pr ofession regu lated by sections 324.950 to 324.983 granted by another political
32 subdivision, state, territory , federal agency , or country upon gro unds for which
33 r evocation or suspension is authorized in this state;
34 (9) A person is finally adjudged mentally incompetent by a court of competent
35 jurisdiction;
36 (10) Assisting or enabling any person to practice or offer to practice any
37 pr ofession licensed or reg ulated by sections 324.950 to 324.983 who is not licensed and
38 curr ently eligible to practice ther eunder in the particular jurisdiction;
39 (1 1) Issuance of a license based upon a material mistake of fact;
40 (12) Failur e to maintain liability coverage as r equir ed for initial licensur e;
41 (13) V iolation of any pr ofessional trust or confidence;
42 (14) Use of any advertisement or solicitation that is false, misleading, or
43 deceptive to the general public or persons to whom the advertisement or solicitation is
44 primarily dir ected; or
45 (15) Failur e to post bond as req uired by any local jurisdiction.
46 3. After the filing of such complaint, the pr oceedings shall be conducted in
47 accordance with the pr ovisions of chapter 621. Upon a finding by the administrative
48 hearing commission that the grou nds prov ided in subsection 2 of this section for
49 disciplinary action ar e met, the division may , singly or in combination, censure or place
50 the person named in the complaint on prob ation on such terms and conditions as the
51 division deems appr opriate for a period not to exceed five years, or may suspend, for a
52 period not to exceed thr ee years, or r evoke any license issued under sections 324.950 to
53 324.983.
54 4. An individual whose license has been revok ed shall wait thr ee years fr om the
55 date of revocation to apply for any license under sections 324.950 to 324.983. Any
56 license shall be issued at the discre tion of the division after compliance with all the
57 r equir ements of sections 324.950 to 324.983 relat ive to the licensing or r egistration of the
58 applicant for the first time.
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59 5. The division may file suit to enforce compliance and shall have the authority
60 to seek injunctions and res training orders to enjoin any person fr om:
61 (1) Offering to engage or engaging in the performance of any acts or practices
62 for which a license is requ ired upon a showing that such acts or practices were
63 performed or offere d to be performed without a license;
64 (2) Engaging in the practice of business authorized by a license issued under a
65 building trades contractor law upon a showing that the license holder pr esents a
66 substantial pr obability of serious harm to the health, safety , or welfare of any res ident of
67 this state or owner or lessee of rea l pr operty within this state; or
68 (3) Refusing to recogn ize a statewide license as a valid license within any political
69 subdivision, requi ring journeymen or appr entices to be individually licensed, or
70 r equiring subcontractors' and manufactur ers' r epresent atives or other members of the
71 contractor's workforce to be licensed.
72 6. The division may assess fines for violations of any of the provi sions of sections
73 324.950 to 324.983 in an amount not to exceed five thousand dollars per occurr ence
74 upon a judicial or administrative finding of violation of law .
75 7. The division may compel the prod uction of documents, things, or persons by
76 subpoena.
77 8. The division may refer any violations of the prov isions of any state law or local
78 ordinance relat ing to the work performed by a licensee to the appr opriate state or local
79 official.
324.983. 1. Any person who knowingly violates any pr ovision of sections 324.950
2 to 324.983 is guilty of a class B misdemeanor .
3 2. Any officer or agent of a corporation or member or agent of a partnership or
4 association who knowingly and personally participates in or is an accessory to any
5 violation of sections 324.950 to 324.983 is guilty of a class B misdemeanor .
6 3. The division may file suit for any violation of sections 324.950 to 324.983 in
7 any court of competent jurisdiction and perform such other acts as may be necessary to
8 enfor ce the prov isions of sections 324.950 to 324.983.
✔
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