Licensing

(proposed wording by Gene Padgitt - not approved by the board yet)
T
Please submit your comments and suggestions me at genepadgitt@yahoo.com
My personal note to you is at the bottom of this page.
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It is the opinion of the Board of Directors and the Membership of the Midwest Chimney Safety Council that Licensing of chimney sweeps and technicians should be required by cities and counties in order to protect the life and property of homeowners.

This opinion has come about due to the numerous house fires and Carbon Monoxide poisoning, damages, injuries and deaths as the result of improper cleaning, inspection, maintenance, and repair services by unlicensed, non-certified and untrained persons in the field of chimney and fireplace maintenance and repair.

The number of chimney sweeps in the industry has increased dramatically over the past twenty-five years years, which was the beginning of the industry in the United States. Regulation in this industry has been nil with a few exceptions. We feel that this is a field that has been long overlooked by many jurisdictions, and that attention should be made to this issue or it will continue to worsen, endangering more lives and property of homeowners.

Therefore, The Midwest Chimney Safety Council is suggesting the following licensing requirements for three classes of service:

1.) The test for Chimney Sweeps has been in place for several years, and is offered through a Nationally recognized organization—the Chimney Safety Institute of America, at a reasonable price. Re-certification must be completed every three years through retesting, or by completing CEU Credit courses. The title of the Certification is Certified Chimney Sweep. Candidates may also take a one-week course at the CSIA Technology Center in Indianapolis, Indiana, or take a one-day review, which prepares them for the test. We are suggesting an additional 8 hours of continuing education annually since changes in the industry are advancing rapidly. Many courses offered through several professional organizations. This, along with the other requirements, should not be difficult for anyone serious about the Chimney Sweeping Profession.

2.) The requirements for a Chimney Technician are more difficult, but we feel are very necessary and important. Again, the MCSC has noted that many installers are negligent, untrained, and cause dangerous situations, or at the very least— performance problems, by downsizing chimney flues, not addressing smoke chamber problems, improper installation of connector pipes, ignoring Carbon Monoxide and chimney fire hazards, and many other installation and repair issues. The installation of a chimney, liner, or vent connector is Mechanical in nature, therefore, we feel that a complete and thorough knowledge of these systems by at least one person per company should be mandatory.

3.) The Hearth Technician category is necessary because there are several retailers who only install these products and do not reline or maintain chimneys.

Following are our suggestions for licensing. Please contact me if you have any questions.

Applicant is entitled to perform chimney sweeping and inspections of wood, coal, and gas-burning fireplaces, furnace flues, boiler flues, hot water heater flues, wood, pellet, and gas burning fireplace inserts and freestanding stoves, direct vent fireplaces, manufactured fireplaces and heat circulating fireplaces, and vent connectors and vent pipe. Applicant may replace connecting pipes, complete minor tuckpointing repairs to fireplaces and chimneys, repair chimney crowns, and install chimney covers.

1.) Pass the Chimney Safety Institute of America Certified Chimney Sweep test, and provide a copy of the Certification Badge

2.) 24 hours of continuing education every three years through approved courses by the Midwest Chimney Safety Council, The Chimney Safety Institute of America, The National Fireplace Institute, the Fireplace Investigation, Research & Education Service, ASHI chimney-related courses or other approved professional courses.

INSURANCE: The contractor shall be required to maintain and carry in force for the duration of the contract, insurance coverage of the types and minimum liability as set forth below:

A. Commercial General Liability
$500,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

Worker’s Compensation is Statutory. If the contractor is exempt from the Worker’s Compensation requirements, a letter must be substituted by the contractor stating the exemption.

* At least one Licensed Chimney Sweep must be present on all jobs, and is responsible for the correct completion of sweeping and inspection work as per CSIA Chimney Sweeping methods.

Suggested: Failure to maintain the above requirements will result in revocation of the license and a fine to be determined by the City or County.
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Applicant is entitled to perform all of the tasks of a Class B Chimney Sweep, plus the following: install chimney liners for wood, gas, oil, and coal burning chimneys; repair and replace fireplaces, smoke chambers, dampers, chimney crowns, install Class A chimneys, B-Vent chimneys, vents and vent connectors, wood, pellet, and gas burning stoves and stove inserts, repair or rebuild brick, block, stone, or manufactured chimneys and chimney chases, install and repair wood-burning furnaces, and build or repair masonry heaters.

1.b) Attend the Advanced Chimney Sweep training school at the CSIA Technology Center in Indianapolis and obtain proof of attendance; and attend the CSIA Chimney Physics course and obtain proof of attendance.

1c.) Show proof of a minimum of 10 years work experience performing the duties of a Chimney Technican.

2.) Pass the Chimney Safety Institute of America Certified Chimney Sweep test (this is separate from the Advanced school), and provide a copy o f the Certification Badge

3.) 24 hours of continuing education in each three-year period through approved courses by the Midwest Chimney Safety Council, The Chimney Safety Institute of America, The National Fireplace Institute, or the Fireplace Investigation, Research & Education Service or other approved professional association.

INSURANCE: The contractor shall be required to maintain and carry in force for the duration of the contract, insurance coverage of the types and minimum liability as set forth below:

A. Commercial General Liability
$1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

Worker’s Compensation is Statutory. If the contractor is exempt from the Worker’s Compensation requirements, a letter must be substituted by the contractor stating the exemption.

Applicant is entitled to install and repair manufactured gas and wood-burning fireplaces, wood-burning stoves and fireplace inserts, gas-burning stoves and fireplace inserts, pellet stoves, corn stoves, and heat-circulating fireplaces, and other similar alternative fuel appliances, along with the chimneys, vents, and connectors applicable to the installation.

1.a) Obtain a Mechanical License from the City Planning Department and attend an approved chimney liner installation course and provide proof of attendance.

1.b) Obtain the National Fireplace Institute Gas Specialist Certification and the National Fireplace Institute Woodburning Specialist Certification or other approved nationally recognized similar Certifications and provide proof of Certification.

2.) 24 hours of continuing education in each three-year period through approved courses by the Midwest Chimney Safety Council, The Chimney Safety Institute of America, The National Fireplace Institute, the Fireplace Investigators Research and Education Service, or other approved professional association.

3.) Have a high school diploma or GED.

INSURANCE: The contractor shall be required to maintain and carry in force for the duration of the contract, insurance coverage of the types and minimum liability as set forth below:

A. Commercial General Liability
$1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

Worker’s Compensation is Statutory. If the contractor is exempt from the Worker’s Compensation requirements, a letter must be substituted by the contractor stating the exemption.

At least one Licensed Hearth Technician must be employed by a company who performs the above services, and is responsible for repairs and installations completed by any employee of the company.

Suggested: Failure to maintain the above requirements will result in revocation of the license and a fine to be determined by the city.

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A personal note to sweeps in the industry about licensing:

WE ARE DOING SOMETHING ABOUT IT so please read on...

Times are changing. Others will police our industry if we don't take the initiative and do it NOW. There are already city regulations in place in many jurisdictions that require a Mechanical License in order to do chimney relining, major repairs, and installations of appliances. I had to get my Master Mechanical license in several cities already, and on one city I can't get it until I have worked as a Journeyman Master Mechanical Contractor for SOMEONE ELSE for THREE YEARS! That means that even though I have more qualifications than any chimney builder in this town, I can't reline a chimney in Independence, Missouri. And no, I am not going to get a Journeyman Master Mechanical License and work for someone else putting in HVAC systems! I'm going to get the city code changed if it is the last thing I do.

I got a Master Mechanical License in the City of Raytown, MO because they have different qualifications and accepted my Experior test, which took 1 year of classes, three tries at the test, and 10 books to study. And NO questions about chimneys on that test! Do you want to do that?

I also got a Master Mechanical License from the County of Johnson County today. The cities that require it for chimney building or major repairs are Olathe, Leawood, and Overland Park. Folks, these are not small towns.

Now I have to try Kansas City and we'll see what happens.

These are all NEW regulations that have come about in the last year ( I predicted this a couple of years ago, remember? ) because the larger cities are realizing the multitude of problems with unqualified chimney sweeps/technicians in this unregulated industry. The Master Mechanical License is their answer to the problem -- I ask you -- is it YOURS?

I spoke with the city planning officials of Independence, Johnson County, and Jackson County today. They all realize there is a problem with non-regulation in this industry, and are doing something about it because WE haven't.

Other industries like electricians, plumbers, and HVAC contractors"police" themselves because they don't want others that know nothing about their industry to do it. They go to the state or city or county and say, "Hey, WE are the experts here, let us draft you a licensing proposal. And we don't mind paying you a fee because we know it costs money to run a licensing program."

Why hasn't our industry done the same?

The logical answer to the problem is to use training, Certification, and testing that is already in place in our industry. Lets use the resources that are already in place before every major city in this country has a requirement in place that is unreasonable, and has LITTLE to do with chimneys.

To those who are Certified - what possible objection could you have? Pay a little more for a license? Big deal.

And to those who are not Certified, I say get with the program and raise your level of expertise and professionalism. Treat your business as a REAL business with the highest credentials you can get. You WILL learn something. Probably something that will keep you out of court, something that will help your business, something that will make you feel better about yourself.

We all need to get on the bandwagon, get the state, regional and the NCSG guilds behind this program and get it going NOW before it is TOO LATE.

That's my opinion and I'm sticking to it.

Oh, and my new e-mail address is genepadgitt@yahoo.com if you want to write back privately to me.

Gene

Eugene R. Padgitt
Padgitt Chimney Services

Independence, MO
816-461-3665
CSIA Certified Chimney Sweep
MO State Certified Fire Investigator
Master Mechanical Contractor
SPPI Certified Home Inspector
HVAC Degree
and soon to be NFI Certified in Gas and Woodburning