52 N.J.R. 1011(b)
VOLUME 52, ISSUE 9, MAY 4, 2020
52 N.J.R. 1011(b)
NJ - New Jersey Register > 2020 > MAY > MAY 4, 2020 > RULE PROPOSALS > LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS
Interested Persons Statement
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.
LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF EXAMINERS OF HEATING, VENTILATING, AIR CONDITIONING, AND REFRIGERATION CONTRACTORS
Administrative Code Citation
Proposed Amendments: N.J.A.C. 13:32A-1.2 and 2.2
Authorized By: State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors, Kerrie Shahan, Acting Executive Director.
Authority: N.J.S.A. 45:16A-4; and P.L. 2018, c. 99.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2020-050.
Submit written comments by July 3, 2020, to:
Kerrie Shahan, Acting Executive Director
State Board of Examiners of Heating, Ventilating, Air
Conditioning, and Refrigeration Contractors
PO Box 45008
124 Halsey Street
Newark, New Jersey 07101
or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
P.L. 2018, c. 99, revised standards for apprenticeship programs which qualify an applicant for licensure as a master heating, ventilating, air conditioning, and refrigeration (HVACR) contractor. These revisions recognize that steamfitter, pipefitter, and sheet metal apprenticeship programs satisfy the HVACR apprentice program requirement. The law also provides a new definition of "HVACR apprentice" as a person enrolled in an HVACR apprenticeship program, which includes steamfitter, pipefitter, or sheet metal apprenticeships, approved by the United States Department of Labor. The definition requires an HVACR apprentice to engage in the installation, alteration, repair, service, or renovation of HVACR systems under the supervision of a licensed master HVACR contractor and requires an apprentice to study and perform the majority of HVACR work. P.L. 2018, c. 99, also revises the definitions of "master heating, ventilating, air conditioning and refrigeration contractor" and "HVACR journeyperson" to require contractors and journeypersons to study and perform the majority of HVACR practices.
The State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board) proposes to amend N.J.A.C. 13:32A-1.2 to effectuate the definitions of "HVACR apprentice," "HVACR journeyperson," and "Master HVACR contractor" from P.L. 2018, c. 99. The Board also proposes to amend N.J.A.C. 13:32A-2.2 to revise education requirements for licensure to conform to the education requirements at P.L. 2018, c. 99.
The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
The Board anticipates that the proposed amendments will have a beneficial impact on individuals completing steamfitter, pipefitter, or sheet metal apprenticeship programs, as these people will satisfy educational requirements for licensure as master HVACR contractors.
The Board anticipates that the proposed amendments will have a beneficial economic impact on individuals completing steamfitter, pipefitter, or sheet metal apprenticeship programs as these people will satisfy educational requirements for licensure without having to pay to [page=1012] attend apprenticeship programs that address all aspects of HVACR practice.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
The Board does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.
Agriculture Industry Impact
The Board does not believe that the proposed amendments will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the rulemaking will apply. A regulatory flexibility analysis is not required because the proposed amendments only apply to applicants for licensure who are not considered "small businesses" because they do not yet have a license to practice HVACR.
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rulemaking would evoke a change in the average costs associated with housing because the proposed rules concern educational requirements for licensure as master HVACR contractors.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern educational requirements for licensure as master HVACR contractors.
Racial and Ethnic Community Criminal Justice and Public Safety Impact
The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 1. PURPOSE AND SCOPE; DEFINITIONS
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"HVACR apprentice" means a person who is enrolled in an HVACR apprenticeship or other training program including, but not limited to, steamfitter, pipefitter, or sheet metal apprenticeship programs, approved by the United States Department of Labor and who engages in the installation, alteration, repair, service, or renovation of HVACR systems under the [supervison] supervision of a Master HVACR contractor as part of that apprenticeship or other training program and who has studied and performed the majority of HVACR practices.
"HVACR journeyperson" means any person who installs, alters, repairs, services, maintains, or renovates HVACR systems and who works under the supervision of a Master HVACR contractor and has studied and performed the majority of HVACR practices.
"Master heating, ventilating, air conditioning, and refrigeration contractor" or "[master] Master HVACR contractor" means any person licensed by the Board who obtains a pressure seal and advertises, undertakes, or offers to undertake for another, the planning, laying out, supervising, installing, servicing, maintaining, renovating, testing, commissioning, starting-up, or repairing of HVACR systems, apparatus, or equipment. In order to act as a "Master HVACR contractor," an individual shall be a bona fide representative of the legal entity licensed pursuant to the provisions of this chapter and shall have studied and performed the majority of HVACR practices.
SUBCHAPTER 2. APPLICATION FOR LICENSURE
13:32A-2.2 Education requirements
(a) An applicant for licensure as a master HVACR contractor shall complete one of the following:
1. Five years of employment in the HVACR contracting business, which consists of:
i. Four or more years in an HVACR apprenticeship or other training program including, but not limited to, steamfitter, pipefitter, or sheet metal apprenticeship programs, approved by the United States Department of Labor, which includes education in the proper management of chlorofluorocarbons and other refrigerants, including high global warming potential gases, and education in propane services that meets the requirements of (c) below; and
ii. (No change.)
2.-3. (No change.)
(b)-(c) (No change.)
In order to ensure your comments are received, please send your comments concerning any rule proposals
via email to DCAProposal@dca.lps.state.nj.us.
Please include the following in your email:
Email Subject Line: Rule Proposal Subject
Email Body: Comments to the Rule Proposal, Name, Affiliation
and Contact Information (email address and telephone number)