MEETING SCHEDULED TIME: 9:00 AM
Note room change: ESSEX ROOM - 7th Floor
ROLL CALL OF BOARD MEMBERS

APPROVAL OF THE MINUTES of the FEBRUARY 26, 2009 MEETING
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BOARD BUSINESS
Documentation is provided on all matters unless otherwise noted.

PRESENT BOARD MEMBERS - &- CAPACITIES

MAYOR PETER I. VOROS ~ MASTER PLUMBER MEMBER ~ CHAIRMAN

RALPH WETZEL ~MASTER PLUMBER MEMBER ~ VICE-CHAIRMAN

MICHAEL L. SESTANOVICH ~ INSPECTOR MEMBER - SECRETARY

MARK MC MANUS ~ JOURNEYMAN PLUMBER

MICHAEL K. MALONEY ~ MASTER PLUMBER MEMBER

DONALD B. DILEO ~ PUBLIC MEMBER

PAUL N. BONTEMPO - PUBLIC MEMBER

ADAM J. SABATH ~ STATE MEMBER - CHIEF OF STAFF
TO SENATE PRESIDENT RICHARD J. CODEY

TOTAL BOARD COMPLEMENT (9):Vacancy /Public Member - formerly held by Mrs. Sieb

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DISCIPLINARY MATTERS ◆ for the Chairman’s signature & filing

1. GLENN J. DAVIS, SR. - IN THE MATTER OF THE APPLICATION TO BE CERTIFIED AS A MEDICAL GAS PIPING INSTALLER -
CONSENT ORDER SIGNED FEBRUARY 9, 2009... Order states in part:

This matter was opened to the New Jersey State Board of Examiners of Master Plumbers (“the Board”) upon receipt of an application for certification as a medical gas piping installer from Glenn J. Davis (“respondent”). Respondent indicated on his application he had been convicted on January 30, 2007 of driving while intoxicated. Respondent’s driver’s abstract indicates respondent was also arrested on two other separate occasions, November 05, 2003 and September 17, 2006, and charged with Operating a Vehicle Under the Influence. Respondent was found guilty of both offenses.
Respondent appeared at an investigative inquiry into the matter held by the Board and testified acknowledging he was convicted of the three driving under the influence offenses. Respondent stated that as a result of his third conviction on January 30, 2007, his driver’s license was suspended for a ten (10) year period. Respondent acknowledged he had a problem with alcohol abuse and claimed he has been sober for nine (9) months. He currently attends Alcoholics Anonymous every other day and he has a sponsor.
Respondent further testified that he has been a journeyman plumber for thirty (30) years and has been installing medical gas piping for twelve (12) years. Respondent stated that his employer is aware of his revoked driving privileges and that he was never under the influence of drugs or alcohol while installing medical gas piping.
Having considered all of the available information, including the testimony of respondent during the investigative inquiry, the Board has determined that respondent may be certified subject to the conditions outlined in this order. Respondent appears to be doing well in recovery at this time. However, the Board is keenly aware of respondent’s history and therefore any deviation from the terms of this order will result in immediate suspension of respondent’s certification. The Board finds that such a provision, coupled with respondent’s continued involvement with Alcoholics Anonymous, is adequate to protect the health, safety and welfare of the public and that good cause exists for entry of this order.

1. Respondent shall be granted certification as a medical gas piping installer subject to the restrictions in this order.

2. Respondent shall abstain from any and all mood altering or intoxicating
substances, including, but not limited to alcohol, as well as any controlled dangerous substances except pursuant to a bona fide prescription written by a physician or dentist for good medical or dental cause in his treatment. In addition, respondent shall advise any and all treating physicians and/or dentists of his history of substance abuse.

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1.. Continued

GLENN J. DAVIS, SR. - IN THE MATTER OF THE APPLICATION TO BE CERTIFIED AS A MEDICAL GAS PIPING INSTALLER -
CONSENT ORDER SIGNED FEBRUARY 9, 2009... Order states in part:

Respondent shall cause any physician or dentist who prescribes medication which is a controlled dangerous substance to provide a written report to the Board together with patient records indicating the need for such medication. Such report shall be provided no later than two (2) days subsequent to the prescription.

3. Respondent shall continue in treatment with Alcoholics Anonymous. Respondent shall provide proof of attendance at Alcoholics Anonymous, as well as reports from each and every mental health professional (including but not limited to: psychologists, counselors, therapists, psychiatrists) who are participating in respondent’s care and/or treatment. This information shall be provided directly to the Board on a quarterly basis. For purposes of this order, the first submitted quarterly proofs of attendance shall be due simultaneous with the signing of this order for Alcoholics Anonymous and mental health treatment for the months of September, October, November and December of 2008. The next quarterly proofs shall be due on March 31, 2009 for the months of January, February and March of 2009 and then quarterly thereafter. If respondent discontinues participation with Alcoholics Anonymous, without first obtaining approval of the Board, he shall be deemed in violation of this order.

4. Respondent hereby consents to the entry of an order of automatic suspension of
his certification, without notice, upon the Board's receipt of information which the Board in its sole discretion deems reliable demonstrating that respondent has had a relapse or recurrence of drug or alcohol abuse or is not capable of carrying out the functions of a certified medical gas piping installer consistent with the public health, safety, or welfare or that respondent has failed to comply with any of the conditions set forth in this Consent Order.

5. Respondent shall have the right to apply for removal of the automatic suspension five (5) days notice but in such event shall be limited to a showing that the evidence of a relapse or recurrence of drug or alcohol abuse or other information submitted was false.

6. Respondent may apply for a modification or the termination of the requirements
contained in this order no sooner than one (1) year from the entry date of this order.

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Revisiting from February 26, 2009 {No documents}

2. RE: NJSA 52:27D-509
Certification of Propane /LP Gas Board licensing ~
Request for exemption of Master Plumbers
On February 26, 2009, Board Members discussed the role of the Licensed Master Plumber in this new legislation for Propane/LP Gas Board licensing, and unanimously agreed that the Licensed Master Plumber should be exempt from this Certification. DAG Joseph A. Donofrio advised that he would correspond with Ms. Cynthia Wilk of the Department of Community Affairs, in Trenton, NJ to obtain further details concerning this Certification and how it affects the license of the Master Plumber.
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3. PLUMBING-HEATING-COOLING CONTRACTORS
February 20 2009 Correspondence regarding:

A. Fire Protection Sprinkler issue;
B. Plumbing Home Study Program/APPRENTICESHIP PROGRAM
C. CE SEMINARS FOR PHCC

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DISCIPLINARY ACTIONS - PENALTY PAYMENTS

4. RICK HARRIS, UNLICENSED, T/A RICH HARRIS, LLC
Registered as Home Improvement Contractor

UNLICENSED PRACTICE COMPLAINT OF THOMAS F. WALSH
EAST BRUNSWICK SUBCODE, FILE ID # 50946

OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
$1,250 PENALTY PAID MARCH 4, 2009 & Signed certification

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DISCIPLINARY ACTIONS - PENALTY PAYMENTS
5. MICHAEL SITEK, UNLICENSED, T/A SITEK PLUMBING

OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
$2,500 PENALTY PAID MARCH 3,2009 (No documents)

Original Offer issued February 28, 2000.
Sitek is presently an applicant for the Master Plumber’s examination.
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6. DISCIPLINARY ACTIONS - PENALTY PAYMENTS
CONTINUING EDUCATION AUDIT BIENNIAL 2005-2007
Provisional Order(s) of Discipline (POD) filed October 27, 2008
“Group A” - those who attended a late ‘make-up’ course
(No documents)
On August 25, 2006 the Board conducted a CE audit involving selected licensees. Respondent(s) indicated on the 2005-2007 biennial renewal application that they will have completed the requirement by June 30, 2005; however, they failed to do so.

Respondent(s) were assessed a $500 penalty pursuant to NJSA 45:1-22 for failing to complete the required CE for the 2005-2007 biennial by June 30, 2005, in violation of NJSA 45:1-21(h). Respondent(s) were also assessed a $1,000 penalty for indicating on the application that they would complete the five (5) CE hours by the required date and failing to do so in violation of NJSA 45:1-21(e). The following licensees have complied with the POD, attended a make-up course, and are reported on this Agenda for their penalty payments during February and March of 2009:

FRANCIS X. LAMPARELLO, LMP # 9103 $1,500 penalty paid 2/11/09
TIMOTHY F. DANIEL, LMP # 10262 $1,500 penalty paid 3/11/09
ANGELO D. ROTONDO, LMP # 8592 1st payment pd 2/27/09 for $500
KENNETH J. MACKENZIE, LMP # 9741 1st payment pd 3/11/09 for $500
KENNETH B. SCHNEIDER, LMP # 4675 2nd payment pd 3/16/09 for $500

Note: Any payment arrangements for this audit are scheduled with the Board’s approval and are generally arranged at $500.00 per month for (3) consecutive months.

TOTAL PENALTIES COLLECTED for 2005-2007 CE AUDIT = $18,500.00
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DISCIPLINARY ACTIONS - PENALTY PAYMENTS

7. ERIK MAHER, LMP # 11130
OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
$500 PENALTY AND $1,000 RESTITUTION dated December 3, 2008
& CLOSED, FILE ID # 59856 {No documents}

Violation of ~
N.J.S.A. 45:1-21(e) has engaged in professional or occupational misconduct

In conjunction with:
CONSUMER COMPLAINT MATTER
DANIEL KAUDERN, CONSUMER, FILE ID # 59856

The Board determined that the licensee failed to honor his own permit, and while someone had been working under his permit, he remains the responsible party since he failed to notify the proper authorities and withdraw his permit. A $500 fine with an award of $1,000 in consumer restitution was assessed for his violation of N.J.S.A. 45:1-21(e) professional or occupational misconduct, for not upholding his responsibilities regarding permit matters.
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8. JAMES KELLY, LMP # 7857, t/a KELCO PLUMBING
OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
Payment of restitution 3/5/2009 - FILE ID # 52796
(Payment arrangements for the $1,100 penalty payment) {No documents}

Violation of ~
N.J.S.A. 45:1-21(e) has engaged in professional or occupational misconduct
failure to follow up on his permit - In conjunction with:
CONSUMER COMPLAINT MATTER
MARGARET MARANCIK, CONSUMER, FILE ID # 52796

• Failing to obtain the necessary permits and inspections for this job..... $500 penalty
• Failure to prepare and issue a contract to the consumer ..........................$500 penalty
• Failure to indicate his Master Plumber’s license data on bill head....... $100 penalty
• Consumer restitution in the amount of $358.33 (costs to correct plumbing work)
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9. BRAD MC CULLOUGH, UNLICENSED, T/A BRAD’S WATER WORKS
OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
$500 paid 1/2/2009 - & - $500 paid 2/06/2009 - (Payment arrangements)
$2,500 TOTAL PENALTY {No documents}

In conjunction with complaint matter from the Township of East Brunswick, NJ
Thomas Walsh, Plumbing Subcode Official
Work site: Rejected plumbing permit for water heater
261 Rues Lane East Brunswick, NJ 08816 - FILE ID # 56877
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10. MICHAEL MARIANO, LMP # 8022, T/A MARIANO PLUMBING
$250.00 paid 12-31-2008 - Signed certification - & - submitted his 1st payment
in a scheduled payment arrangement on a $1,000 total penalty;

2nd Payment dated 3-14-2009 ~ $250.00 ........ Today’s Agenda

OFFER OF SETTLEMENT IN LIEU OF DISCIPLINARY PROCEEDING
Violation of ~ N.J.S.A. 45:1-21(e) has engaged in professional or occupational misconduct

In conjunction with consumer complaint matter: {No documents}
JAMES TOBIN, CONSUMER, FILE ID # 58762
Installation of water heater on August 22, 2005; permit dated May 19, 2008.
This penalty was assessed for an untimely securing of a plumbing permit on this job.

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11. Revisiting the request of
WAYNE MILLER - Qualifications for the Master Plumber’s examination “Follow up” correspondence submitting transcripts....

Mr. Miller was recently denied by the Board as a candidate for the Master Plumber’s examination since he did not meet the qualifications according to the Statutes, and had been notified by formal correspondence. However, he now submits transcripts for the Board to reconsider.
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It is noted that applications for the Master Plumber’s ◆
examination, Master Plumber’s business registration
forms, and Bona fide Representative registrations are reviewed by Board Members during the course of each business meeting.

Applications for Medical Gas Piping installers, brazers and instructors are also reviewed at this time.
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