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VOLUME 46, ISSUE 20
ISSUE DATE: October 20, 2014
RULE PROPOSALS

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors


Proposed Amendments: N.J.A.C. 13:32A-1.1 and 1.2

Purpose and Scope; Definitions
 
Authorized By: State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors, Rosemarie Baccile, Acting Executive Director.
 
Authority: N.J.S.A. 45:16A-4.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2014-180.
 
Submit written comments by December 19, 2014, to:
 
   Rosemarie Baccile, Acting Executive Director
   State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors
   PO Box 45008
   124 Halsey Street
   Newark, NJ 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
 
The agency proposal follows:
 
Summary

P.L. 2014, c. 8, provides new exemptions to the licensure requirements of P.L. 2007, c. 211, the State Heating, Ventilating, Air Conditioning, and Refrigeration Contracting Licensing Law. These new exemptions apply to individuals who perform service, repair, or maintenance work on heating, ventilating, air conditioning, and refrigeration systems and who are employees working at a general hospital; a casino-hotel facility; or a building that contains a steam boiler, pressure vessel, or refrigeration plant inspected by the Department of Community Affairs. There is also an exemption for an individual who completed an education in heating, ventilating, air conditioning, and refrigeration that would qualify him or her for licensure and who is a regular employee of an entity that owns the property at which the work is being performed. In order to qualify for this exemption, neither the employee nor his or her employer could engage in heating, ventilating, air conditioning, and refrigeration contracting for the public. The Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board) proposes to amend N.J.A.C. 13:32A-1.1 to recognize the new exemptions to licensure requirements in P.L. 2014, c. 8.

The definition of "heating, ventilating, air conditioning and refrigeration" at N.J.S.A. 45:16A-2 previously stated that the installation, servicing, connecting, maintenance, or repair of condensate piping was included in the definition, as long as such condensate piping was not regulated under P.L. 1968, c. 362, the State Plumbing License Law of 1968. P.L. 2014, c. 8 amended the definition of "heating, ventilating, air conditioning, and refrigeration," so that condensate piping is now part of the definition as long as such piping is not discharged into a sanitary sewer. The Board proposes to amend N.J.A.C. 13:32A-1.2 to reflect the change in the statutory definition of "heating, ventilating, air conditioning, and refrigeration."

The Board has determined that the comment period for this notice of proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
 
[page=2080] Social Impact

As the proposed amendments reflect statutory changes to the licensure exemptions and the definition of "heating, ventilating, air conditioning, and refrigeration," the Board does not believe that the amendments will have any social impact.
 
Economic Impact

As the proposed amendments reflect statutory changes to the licensure exemptions and the definition of "heating, ventilating, air conditioning, and refrigeration," the amendments will have no economic impact.
 
Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
 
Jobs Impact

The Board believes that the proposed amendment will not 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 Statement

Since licensed master HVACR contractors are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.

The proposed amendments will impose no costs and the Board does not believe that licensed master HVACR contractors will need to employ any professional services to comply with the proposed amendments. The proposed amendments do not impose any compliance, recordkeeping, or reporting requirements.
 
Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the amendments would evoke a change in the average costs associated with housing because the proposed amendments concern exemptions to heating, ventilating, air conditioning, and refrigeration licensure requirements and the definition of "heating, ventilating, air conditioning, and refrigeration."
 
Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the 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 exemptions to heating, ventilating, air conditioning, and refrigeration licensure requirements and the definition of "heating, ventilating, air conditioning, and refrigeration."
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    PURPOSE AND SCOPE; DEFINITIONS
 
13:32A-1.1   Purpose and scope
 
(a)-(d) (No change.)
 
(e) This chapter shall not apply to a person who performs service, repair, or maintenance work necessary for the continued normal performance of heating, ventilating, air conditioning, and refrigeration systems as part of his or her employment for an entity that owns or operates:
 
1. A general hospital licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.);
 
2. A building that contains a steam boiler, pressure vessel, or refrigeration plant, which is subject to test and inspection pursuant to N.J.S.A. 34:7-14; or
 
3. A casino-hotel facility operated under the provisions of the "Casino Control Act," P.L. 1977, c. 110 (N.J.S.A. 5:12-1 et seq.), which shall include any building containing heating, ventilating, air conditioning, and refrigeration systems operated by one or more casino-hotel facilities as part of an agreement or arrangement to share systems.
 
(f) This chapter shall not apply to a person who performs service, repair, or maintenance work necessary for the continued normal performance of heating, ventilating, air conditioning, and refrigeration systems if:
 
1. That person has completed an education that complies with the requirements of N.J.A.C. 13:32A-2.2;
 
2. That person is an employee of the owner or lessee of the property at which the services, repairs, or maintenance work is being performed, who was hired to work on an ongoing and continuous basis, and whose remuneration is reported on a Form W-2 to the Internal Revenue Service; and
 
3. That person and his or her employer do not engage in or offer HVACR contracting to the public.
 
13:32A-1.2   Definitions
 
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
 
. . .
 
"Heating, ventilating, air conditioning, and refrigeration" or "HVACR" means the process of treating and protecting the environment by the responsible handling, dispensing, collecting, and cleaning of chlorofluorocarbons and other refrigerants in stationary sources, and controlling the temperature, humidity, and cleanliness of air by using the "wet," "dry," "radiant," "conduction," "convection," "direct," or "indirect" method or combination of methods, including those that utilize solar energy, to meet the environmental requirements of a designated area. "HVACR" also means the installation, servicing, connecting, maintenance, or repair of the following:
 
1.-3. (No change.)
 
4. Condensate piping [in a dwelling, as defined in N.J.A.C. 5:28-1.2, not regulated under P.L. 1968, c. 362 (N.J.S.A. 45:14C-1 et seq.)] not discharged into a sanitary sewer (disposal of condensate from such piping must be performed pursuant to the Uniform Construction Code and any relevant local ordinances);
 
5.-10. (No change.)

 

If you wish to submit comments about this rule proposal, please fill out the form below. When you have completed the form, click the "Submit Your Comments" button below.

Last Name :

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Professional Organization, Association or Affiliation, if any:

E-Mail Address:

PRN 2014-180

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