Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board to provide stationary engineer services before the individual may provide stationary engineer services in the State.
In this subsection, “resource recovery facility” means a facility that processes solid waste to produce valuable resources, including steam, electricity, metals, or refuse–derived fuel.
An individual who provides stationary engineer services at a resource recovery facility that generates steam or electricity is not required to be licensed by the Board to provide stationary engineer services if the individual is certified to operate a resource recovery facility under regulations adopted by the Secretary of the Environment.
A Grade 5 stationary engineer licensee may oversee the operation of a boiler that:
can be operated at 30 to 99 horsepower; and
is located in a building not open for public use;
is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;
if not equipped with a 24–hour computerized monitoring system and automatic controls, is visited by a Grade 5 licensee at least once every 24 hours that the boiler is in operation; and
if equipped with a 24–hour computerized monitoring system and automatic controls, is visited by a Grade 5 licensee at least once per week that the boiler is in operation, if the licensee:
is responsible for the safe operation of the equipment at all times;
is available to observe the monitoring equipment or devices and make the necessary adjustments at least once every 24 hours; and
maintains a daily inspection log.
A Grade 4 stationary engineer licensee may oversee the operation of a boiler that:
can operate at 30 to 99 horsepower; and
is located in a building open for public use;
is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;
if not equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 4 licensee as follows:
at all times that the boiler is in operation; or
if located in a school:
at all times during regular school hours; and
only when at least 150 students, faculty, or members of the public occupy the building where the boiler is located during nonregular school hours;
if equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 4 licensee as follows:
if located in a hospital, hotel, residential facility, or other building generally open to the public, is visited at least once every 8 hours that the building is open for public use, if the licensee:
is responsible for the safe operation of such equipment at all times;
is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and
maintains a daily inspection log; and
if located in a school, is visited at least once every 8 hours:
during regular school hours; and
during nonregular school hours when the school building in which the boiler is located is occupied by at least 150 students, faculty, or members of the public, if the licensee:
is responsible for the safe operation of such equipment at all times;
is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and
maintains a daily inspection log.
A Grade 3 stationary engineer licensee may oversee the operation of a boiler that:
can operate at 100 to 299 horsepower;
is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;
if not equipped with a 24–hour computerized monitoring system and automatic controls, has a Grade 3 licensee in attendance at all times that the boiler is in operation; and
if equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 3 licensee as follows:
if not located in a building open for public use, does not require regular full–time attendance or scheduled visitation, if the licensee:
is responsible for the safe operation of such equipment at all times;
is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and
maintains a daily inspection log; and
if located in a school, hospital, hotel, residential facility, or other building generally open to the public, is visited at least once every 8 hours that the building is open for public use, if the licensee:
is responsible for the safe operation of such equipment at all times;
is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and
maintains a daily inspection log.
A Grade 2 stationary engineer licensee may oversee the operation of a boiler that:
can operate at 300 to 499 horsepower;
is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;
if not equipped with a 24–hour computerized monitoring system and automatic controls, has a Grade 2 licensee in attendance at all times that the boiler is in operation; and
if equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 2 licensee as follows:
if not located in a building open for public use, does not require regular full–time attendance or scheduled visitation, if the licensee:
is responsible for the safe operation of such equipment at all times;
is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and
maintains a daily inspection log; and
if located in a school, hospital, hotel, residential facility, or other building generally open to the public, is visited at least once every 8 hours that the building is open for public use, if the licensee:
is responsible for the safe operation of such equipment at all times;
is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and
maintains a daily inspection log.
A Grade 1 stationary engineer licensee may oversee the operation of a boiler that:
can operate at 500 or more horsepower;
is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;
if not equipped with a 24–hour computerized monitoring system and automatic controls, has a Grade 1 licensee in attendance at all times that the boiler is in operation; and
if equipped with a 24–hour computerized monitoring system and automatic controls and is attended by a Grade 1 licensee as follows:
if not located in a building open for public use, does not require regular visitation, if the licensee:
is responsible for the safe operation of such equipment at all times;
is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and
maintains a daily inspection log; and
if located in a school, hospital, hotel, residential facility, or other building generally open to the public, is visited at least once every 8 hours that the building is open for public use, if the licensee:
is responsible for the safe operation of such equipment at all times;
is available to observe the monitoring equipment or devices and make necessary adjustments at least once every 24 hours; and
maintains a daily inspection log.
Except as otherwise provided in this title, to qualify for licensure as a stationary engineer, an applicant shall meet the requirements of this section and pass an examination administered by the Board.
In addition to the other qualifications for a license set forth in this subtitle, an applicant shall qualify under this section by meeting the educational and experience requirements set forth in subsection (c) of this section.
An applicant for the Grade 1 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:
5 years of documented experience as an active Grade 2 stationary engineer under the direction and control of a Grade 1 stationary engineer, toward which an applicant may receive:
1 year of credit for 6 credit hours of classes or continuing education units in boiler safety or operations; and
1 year of credit for holding a current active license as a:
master plumber;
master heating, ventilation, air–conditioning, and refrigeration contractor; or
master restricted heating, ventilation, air–conditioning, or refrigeration contractor;
a 4–year degree in mechanical engineering from an accredited university or college;
licensure as a professional engineer including:
1 year of documented experience as a professional engineer; and
1 year of documented experience as a Grade 2 stationary engineer under the direction and control of a Grade 1 stationary engineer; or
a valid marine engineer’s certificate or a chief petty officer’s certificate from the United States Navy with documentation of steam boiler engineer training.
An applicant for a Grade 2 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:
36 months of documented experience as an active Grade 3 engineer under the direction and control of a licensed Grade 2 or Grade 1 stationary engineer, that may include:
1 year of credit for 6 credit hours of classes or continuing education units in boiler safety or operations; and
1 year of credit for holding a current active license as a:
master plumber;
master heating, ventilation, air–conditioning, and refrigeration contractor; or
master restricted heating, ventilation, air–conditioning, or refrigeration contractor;
a 4–year degree in mechanical engineering from an accredited university or college;
licensure as a professional engineer and 6 months of documented experience as a Grade 3, Grade 4, or Grade 5 stationary engineer; or
a valid marine engineer’s certificate or chief petty officer’s certificate from the United States Navy.
An applicant for a Grade 3 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:
2 years of documented experience as an active Grade 4 or Grade 5 stationary engineer;
1 year of documented experience as an active Grade 4 or Grade 5 engineer and 6 credit hours or continuing education units of classes in boiler operations or safety; or
a valid marine engineer’s certificate or chief petty officer’s certificate from the United States Navy.
An applicant for a Grade 4 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:
6 months of documented experience as an active Grade 5 stationary engineer; or
3 credit hours or continuing education units of classes in boiler operations or safety.
An applicant for a Grade 5 stationary engineer’s examination qualifies under this section if the applicant possesses a high school diploma or graduate equivalence diploma.
The Board may authorize an applicant to take a license examination if the Board determines that the work experience of the applicant is substantially equivalent to the work experience requirements of a licensee for the license level requested by the applicant.
In evaluating the work experience of an applicant, the Board shall consider:
the size of the operation or plant at which the applicant acquired the work experience;
the type of machinery the applicant used in acquiring the work experience; and
the job responsibilities or duties of the applicant; and
the time period in which the applicant held each job responsibility or duty.
An applicant may receive not more than 2 years of work experience credit under this section if the Board determines that the work experience is acquired through:
a formal course of study; or
professional training.
An applicant for a license shall:
submit to the Board:
an application on the form that the Board provides; and
any relevant document that the Board requires; and
pay to the Board or the Board’s designee:
a nonrefundable application fee set by the Board; and
an examination fee set by the Board in an amount not to exceed the cost of the required examination.
An application shall be made under oath.
If the Board finds that an application form and the accompanying documentation do not demonstrate that the applicant meets the requirements for a license under this subtitle, the Board may require the applicant to submit additional information or documentation.
The Board shall examine all engineers who are at least 18 years old and who otherwise qualify for examination.
The Board periodically shall offer the examinations required under this subtitle to qualified applicants at the times and places that the Board determines.
The Board shall give each qualified applicant notice of the time and place of examination.
The Board shall determine the subjects, scope, and form of and passing scores for examinations given under this subtitle.
The Board may use a testing service to administer the examination required under this subtitle.
If the Board uses a testing service, the testing service, subject to the requirements set by the Board, shall:
set the time and place of the examination;
give qualified applicants notice of the time and place of the examination;
charge an examination fee not to exceed the cost of administering the examination; and
furnish any information that the Board may require the testing service to provide.
Subject to subsection (b) of this section, the Board may authorize an applicant to take an examination for:
a Grade 1 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(e) of this subtitle for 5 or more consecutive years immediately prior to the date of application;
a Grade 2 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(d) of this subtitle for 3 or more consecutive years immediately prior to the date of application;
a Grade 3 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(c) of this subtitle for 2 or more consecutive years immediately prior to the date of application; or
a Grade 4 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(b) of this subtitle for 6 or more consecutive months immediately prior to the date of application.
The Board may authorize an individual to take an examination under this section only if the applicant submits to the Board:
an examination application on the form that the Board provides;
an application fee set by the Board;
proof of eligibility for the applicable application; and
an application for the applicable license in accordance with the provisions of this title.
Subject to the limitations in subsections (b) and (c) of this section, on the affirmative vote of a majority of its voting members then serving, the Board may waive the examination requirements of this title for an individual who is licensed in another state or in a locality in another state to provide stationary engineer services.
The Board may grant a waiver under this section only if the applicant:
pays to the Board the nonrefundable application fee required under § 6.5–304 of this subtitle; and
provides adequate evidence that the applicant:
meets the qualifications otherwise required by this subtitle;
holds an active license in good standing in the other state or the locality;
holds a license that is equivalent to the State license; and
became licensed in the other state or the locality after meeting the state’s or locality’s requirements that are at least equivalent to the licensing requirements of the State, including the number of years of work experience equivalent to the experience required under § 6.5–303(c) of this subtitle.
The Board may grant a waiver only if the state or the locality in which the applicant is licensed waives the examination of licensees of this State to a similar extent as the State waives the examination requirements for individuals licensed in that state or locality.
In this subsection, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.
Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the Board shall grant a waiver to an applicant who files a request before July 1, 2012, if the applicant:
pays to the Board the nonrefundable application fee required under § 6.5–304 of this subtitle;
holds an active stationary engineer’s license in good standing from Virginia or New Jersey, or from a locality of one of those states, that is equivalent to the State license;
has experience in the provision of stationary engineer services that meets the time requirements of § 6.5–303 of this subtitle; and
has relocated to the State as a family member of a BRAC employee.
The use of unauthorized material by an applicant during an examination shall cause the immediate rejection of the application and shall bar the applicant from reexamination for at least 1 year.
An applicant who fails an examination or fails to appear for a scheduled examination shall file a new application and pay a new application fee.
An examination fee is nonrefundable.
An applicant who takes an examination required by this title shall be notified of the results of the examination as soon as practicable.
If an applicant fails an examination given under this subtitle, the applicant may retake the examination.
If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that:
the applicant has qualified for a license; and
the Board will issue a license to the applicant on receipt of the appropriate license fee required under § 6.5-207 of this title.
On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle.
The Board shall include on each license that the Board issues:
the full name of the licensee;
the license grade level; and
the registration number assigned by the Board to the licensee.
While a license is in effect, it authorizes the licensee to provide stationary engineer services in accordance with the licensee’s grade level.
A licensee shall provide the Board written notice of any change of name or address from the name or address that appears on the current license, at least 10 working days before the change is to take effect.
Except as provided in subsection (e) of this section and unless a license is renewed for a 2-year term as provided in this section, the license expires every other year on the anniversary of the date of issuance of the license.
At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:
a renewal application form; and
a notice that states:
the date on which the current license expires; and
the amount of the renewal fee as required under § 6.5–207 of this title.
If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.
The failure of a licensee to receive the notice as provided for in this subsection does not prevent the license from expiring as specified under subsection (a) of this section.
Before a license expires, the licensee periodically may renew it for an additional 2-year term, if the licensee:
otherwise is entitled to be licensed;
pays to the Board the appropriate license renewal fee required under § 6.5-207 of this title; and
submits to the Board a renewal application on the form that the Board provides.
The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
The Board shall include on each renewal certificate that the Board issues the date on which the current license expires.
The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.
The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license, if the individual:
applies to the Board for reinstatement within 2 years after the license expires;
meets the renewal requirements of § 6.5–312 of this subtitle and pays to the Board all past due renewal fees; and
except as otherwise provided in subsection (c) of this section, pays to the Board a reinstatement fee set by the Board, in addition to all past due renewal fees.
If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board may:
require the individual to reapply for a license in the same manner as an applicant applies for an original license under this subtitle; or
subject to paragraph (2) of this subsection, reinstate the license.
The Board may reinstate a license under paragraph (1)(ii) of this subsection only if the individual:
meets the renewal requirements of § 6.5–312 of this subtitle and pays to the Board all past due renewal fees;
if required by the Board, states reasons why reinstatement should be granted; and
except as otherwise provided in subsection (c) of this section, pays to the Board a reinstatement fee set by the Board, in addition to all past due renewal fees.
The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not provide stationary engineer services during the time the license lapsed.
Subject to the hearing provisions of § 6.5-315 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
fraudulently or deceptively uses a license;
under the laws of the United States or of any state, is convicted of:
a felony; or
a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide services as a stationary engineer;
fails to control or supervise adequately a person who, while under the supervision of a licensee, provides services as a stationary engineer;
permits a licensee to provide services as a stationary engineer outside the scope of that individual’s license grade;
permits an individual to provide services as a stationary engineer without the appropriate license issued by the Board;
is under the influence of drugs or alcohol while operating an engine, boiler, or other type of power equipment;
is guilty of negligence, incompetence, or misconduct while providing stationary engineer services;
violates any regulation adopted under this title; or
violates any provision of this title.
Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation.
To determine the amount of the penalty imposed under this subsection, the Board shall consider:
the seriousness of the violation;
the harm caused by the violation;
the good faith of the licensee; and
any history of previous violations by the licensee.
The Board shall pay any penalty collected under this subsection into the General Fund of the State.
The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section:
the nature of the crime;
the relationship of the crime to the activities authorized by the license;
with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide services as a stationary engineer;
the length of time since the conviction; and
the behavior and activities of the applicant or licensee before and after the conviction.
Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 6.5-314 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
A person aggrieved by a final action of the Board may take an appeal as specified under §§ 10-222 and 10-223 of the State Government Article.