Builders, unions split as committee hears bid to clarify pipefitter licensing exemption

An industry association and a union clashed at Tuesday's hearing over language in House Bill 4,543 that would clarify who must hold a pipefitter license for certain underground and yard piping work at institutional properties.

"The purpose of House Bill 4,543 is to clarify the existing statutory exemption found in chapter 146, section 87," said Edward D'Onofrio, an attorney with O'Reilly, Grosso, Gross & Jones representing the Construction Industries of Massachusetts Labor Relations Division. He told the committee the statute already exempts employees of industrial plants, utilities and similar institutions when work is performed on their own property and the bill would confirm that outside contractors hired by those institutions may use their own employees for the same work without pipefitter licenses.

Terry Sweeney, business manager for Pipefitters Local 537, said the union opposes the bill. "We are a licensed craft," Sweeney told the committee. He described an incident at Smith College in which the state inspector concluded the work required licensed pipefitters and said allowing unlicensed workers undermines state inspection and public safety.

D'Onofrio said the clarification is intended to return the law to prior practice and avoid inconsistent enforcement by the Bureau of Pipefitters, Refrigeration Technicians, and Sprinkler Fitters. He cited a prior case in which a contractor working at Harvard was permitted to continue without fines, and recent fines assessed at Smith College as the reason the bill is needed.

No committee vote occurred at the hearing. Both sides said they would submit written testimony. Supporters asked the committee to report the bill favorably; opponents said licensing standards and inspector determinations should stand.

The legislation, as presented, would not change the licensing requirements for typical commercial pipefitting work but seeks a targeted clarification for yard piping performed on institutional property by outside contractors.