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VOLUME 46, ISSUE 19
ISSUE DATE: October 6, 2014
RULE PROPOSALS

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
New Jersey Board of Examiners of Master Plumbers


Proposed Amendments: N.J.A.C. 13:32-7.1 and 7.2

Purpose and Scope; Definitions
 
Authorized By: New Jersey Board of Examiners of Master Plumbers, Rosemarie Baccile, Acting Executive Director.
 
Authority: N.J.S.A. 45:14C-7.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2014-164.
 
Submit written comments by December 5, 2014, to:
 
   Rosemarie Baccile, Acting Executive Director
   New Jersey Board of Examiners of Master Plumbers
   PO Box 45008
   124 Halsey Street
   Newark, New Jersey 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
 
The agency proposal follows:
 
Summary

P.L. 2003, c. 205, mandated that a person who installs, improves, repairs, or maintains medical gas piping must be certified by the Board of Examiners of Master Plumbers (Board) as a medical gas piping installer. This law defined "medical gas piping" as gas piping intended for patient use in a health care facility licensed by the Department of Health. P.L. 2013, c. 222 amended this definition to include gas piping intended for patient or animal use in the office of a licensed dentist or a dental clinic regulated by the Board of Dentistry, or an animal or veterinary facility regulated by the Board of Veterinary Medical Examiners. The Board proposes to amend N.J.A.C. 13:32-7.1 and 7.2 to incorporate the new statutory definition of "medical gas piping."

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.
 
Social Impact

The Board believes that the proposed amendments will have a positive impact on society. By including dental and veterinary facilities as facilities at which medical gas piping must be installed, improved, repaired, or maintained by a certified medical gas piping installer, the proposed amendments will help to ensure that gas piping in such facilities is installed by an individual with the appropriate knowledge and skills.
 
Economic Impact

It is possible that some of the individuals currently installing, improving, repairing, or maintaining medical gas piping in dental or veterinary facilities are not certified by the Board as medical gas piping installers. Such individuals would incur the costs of obtaining certification. This would include the cost of completing classroom training, completing the certification examination, and paying the Board certification fee biennially.
 
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 amendments 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 Analysis

The individuals who may be working on medical gas piping in dental or veterinary facilities may be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.

The proposed amendments impose the same costs on any individual who installs medical gas piping in dental or veterinary facilities as detailed in the Economic Impact statement above. The Board does not believe that individuals working on medical gas piping will need to employ any professional services to comply with the proposed amendments. The proposed amendments do not impose any recordkeeping or reporting requirements, but do impose compliance requirements in that individuals who are currently working on medical gas piping in dental or veterinary facilities may need to obtain certification as medical gas piping installers.

As the compliance requirements contained in the proposed amendments are necessary to ensure that those who install medical gas piping have the education and experience to do so in a safe and effective manner, the Board believes that the rules must be uniformly applied to all and no exemptions are provided based on the size of a business.
 
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 medical gas piping in dental or veterinary facilities.
 
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 medical gas piping in dental or veterinary facilities.
 
Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 7.    MEDICAL GAS PIPING
 
13:32-7.1   Purpose and scope
 
(a) (No change.)
 
(b) Except as set forth in (d) below, [no person] unless a person is certified by the Board he or she shall not install, improve, repair, or maintain medical gas piping [within a health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.)] located after the source valve and intended for patient or animal use [unless certified by the Board] within a health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.), the office of a licensed dentist, or a dental clinic, as defined in section 1 of P.L. 1951, c. 199 (N.J.S.A. 45:6-15.1), or an animal or veterinary facility as defined in section 1 of P.L. 1983, c. 98 (N.J.S.A. 45:16-1.1).
 
(c)-(d) (No change.)
 
13:32-7.2   Definitions
 
The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
 
. . .
 
"Medical gas piping" means the piping used for medical gases [within a health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.)], located after the source valve and intended for patient or animal use[.], within:
 
1. A health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.);
 
[page=2008] 2. The office of a licensed dentist, or a dental clinic, as defined in section 1 of P.L. 1951, c. 199 (N.J.S.A. 45:6-15.1); or
 
3. An animal or veterinary facility as defined in section 1 of P.L. 1983, c. 98 (N.J.S.A. 45:16-1.1).

 

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 :

First Name:

Professional Organization, Association or Affiliation, if any:

E-Mail Address:

PRN 2014-164

Comments:

       
   
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