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NEW JERSEY REGISTER
VOLUME 39, ISSUE 9
ISSUE DATE: MAY 7, 2007
RULE ADOPTIONS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF EXAMINERS OF MASTER PLUMBERS

Adopted Amendment: N.J.A.C. 13:32-5.1
Adopted New Rules: N.J.A.C. 13:32-7

Medical Gas Piping

Proposed: September 18, 2006 at 38 N.J.R. 3737(a).
Adopted: December 21, 2006 by the New Jersey Board of Examiners of Master Plumbers, Mark McManus, Chairman.
Filed: April 5, 2007 as R.2007 d.137, with technical changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3).
Authority: N.J.S.A. 45:14C-7 and P.L. 2003, c. 205.
Effective Date: May 7, 2007.
Expiration Date: March 28, 2008.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal standards or requirements applicable to the subject matter of the adopted new rules and amendments.

Full text of the adoption follows (additions to proposal indicated in boldface with asterisks *thus*; deletions from proposal indicated in brackets with asterisks *[thus]*):

13:32-5.1 Fee schedule

(a) (No change.)

(b) The following fees shall be charged by the Board in connection with the certification of medical gas piping installers, medical gas piping brazers and medical gas piping instructors:

1. Application fee................................................ $ 75.00
2. Initial certification as medical gas piping installer: i. If paid during the first year of a triennial renewal period.... $ 150.00
ii. If paid during the second year of a triennial renewal period... $ 100.00
iii. If paid during the third year of a triennial renewal period... $ 50.00
3. Initial certification as medical gas piping brazer............. $ 50.00
4. Initial certification as instructor in medical gas piping: i. If paid during the first year of a triennial renewal period.... $ 150.00
ii. If paid during the second year of a triennial renewal period... $ 100.00
iii. If paid during the third year of a triennial renewal period... $ 50.00
5. Certification renewal as a medical gas piping installer, triennial......................................................... $ 150.00
6. Certification renewal as a medical gas piping brazer, annual... $ 50.00
7. Certification renewal as a medical gas piping instructor, triennial......................................................... $ 150.00
8. Late renewal fee................................................ $ 50.00
9. Reinstatement fee............................................... $ 150.00
10. Inactive fee............. (to be determined by Director by regulation)

SUBCHAPTER 7. MEDICAL GAS PIPING

13:32-7.1 Purpose and scope

(a) The purpose of this subchapter is to implement the provisions of P.L. 2003, c. 205 ( N.J.S.A. 45:14C-28 et seq.)*[.]* *,* which requires medical gas piping installers and brazers to be certified by the Board.

(b) Except as set forth in (d) below, no person shall 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 use unless certified by the Board.

(c) No person shall provide instruction retarding the installation, improvement, repair or maintenance of medical gas piping unless certified as an instructor by the Board.

(d) This subchapter shall not apply to any electrical contractor licensed pursuant to P.L. 1962*[.]* *,* c. 162 ( N.J.S.A. 45:5A-1 et seq.), or any person employed by such an electrical contractor, who is performing the duties of his or her employment and who is acting within the scope of his or her profession or occupation.

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:

"ASSE" means the American Society of Sanitary Engineering.

"AWS" means the American Welding Society.

"Board" means the State Board of Examiners of Master Plumbers.

"Brazing" means joining metals by the use of brass filler or intensely heating the metals to be joined and applying a high temperature melting solder which ranges in melting point from alloys rich in silver to pure copper.

"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 use,

"NFPA" means the National Fire Protection Association.

"NITC" means the National Inspection Testing and Certification Corporation.

13:32-7.3 Certification as a medical gas piping installer

(a) To be eligible for certification as a medical gas piping installer an applicant shall be either:

1. A licensed master plumber in New Jersey;

2. A journeyman plumber who has successfully completed an apprenticeship program accredited by the United States Department of Labor;

3. An apprentice plumber who has successfully completed at least three years of an apprenticeship program accredited by the United States Department of Labor;

4. A steam fitter or pipe fitter employed by a plumbing contractor; or

5. An individual who holds certification from NFPA.

(b) An applicant for certification as a medical gas piping installer shall submit to the Board:

1. A completed application for certification;

2. Two affidavits attesting to the applicant's good moral character;

3. Evidence that the applicant has met the qualifications of (a) above;

4. Evidence that the applicant has successfully completed 32 hours of classroom training, taught by an instructor certified pursuant to N.J.A.C. 13:32-7.5, in the January 19, 2004 ASSE Series 6010 Professional Qualifications Standards for Medical Gas Systems Installers, incorporated herein by reference, as amended and supplemented, published by the ASSE, 901 Canterbury Road, Suite A, Westlake, OH, 44145;

5. Evidence that the applicant has passed the examination requirements of (c) below; and

6. The application fee and initial certification fee pursuant to N.J.A.C. 13:32-5.1.

(c) To qualify for certification, an applicant shall either:

1. Successfully pass the NITC Medical Gas Installer examination; or

2. Successfully pass a brazer examination offered by the AWS and successfully complete a training program in installation approved by a major medical gas producer.

13:32-7.4 Certification to perform only brazing incidental to installation of medical gas piping

(a) To be eligible for certification to perform only brazing incidental to installation of medical gas piping, an applicant shall be either:

1. A licensed master plumber in New Jersey;

2. A journeyman plumber who has successfully completed an apprenticeship program accredited by the United States Department of Labor;

3. An apprentice plumber who has successfully completed at least three years of an apprenticeship program accredited by the United States Department of Labor;

4. A steam fitter or pipe fitter employed by a plumbing contractor; or

5. An individual who holds a certification from NFPA.

(b) An applicant for certification to perform only brazing incidental to installation of medical gas piping shall submit to the Board:

1. A completed application for certification;

2. Two affidavits attesting to the applicant's good moral character;

3. Evidence that the applicant has met the qualifications of (a) above;

4. Evidence that the applicant has successfully completed 20 hours of classroom training related to the performance of brazing duties required to install, improve, repair or maintain medical gas piping taught by an instructor certified pursuant to N.J.A.C. 13:32-7.5, including 10 hours in practical, hands-on experience in brazing;

5. Evidence that the applicant has passed the examination requirements of (c) below; and

6. The application fee and initial certification fee pursuant to N.J.A.C. 13:32-5.1.

(c) To qualify for certification, an applicant shall either:

1. Successfully pass the NITC Brazing Processes; or

2. Successfully pass a brazer examination offered by the AWS and successfully complete a training program in brazing of medical gas piping approved by a major medical gas producer.

13:32-7.5 Certification of medical gas piping instructors

(a) To be eligible for certification as a medical gas piping instructor an applicant shall be either:

1. A licensed master plumber in New Jersey;

2. A journeyman plumber who has successfully completed an apprenticeship program accredited by the United States Department of Labor;

3. A steam fitter or pipe fitter employed by a plumbing contractor;

4. An individual who has engaged in the practice of installing medical gas piping for the just five years; or

5. An individual who holds certification from NFPA for the past five years.

(b) An applicant for certification as a medical gas piping instructor shall submit to the Board:

1. A completed application for certification;

2. Evidence that the applicant has met the qualifications of (a) above;

3. Evidence that the applicant has successfully completed a 40-hour course that covers the January 19, 2004 ASSE Series 6050 Professional Qualifications Standards for Medical Gas Systems Instructors, incorporated herein by reference, as amended and supplemented, published by the ASSE, 901 Canterbury Road, Suite A, Westlake, OH, 44145;

4. Evidence that the applicant has passed the examination requirements of (c) below; and

5. The application fee and initial certification fee pursuant to N.J.A.C. 13:32-5.1.

(c) To qualify for certification, an applicant shall:

1. Successfully pass the NITC Medical Gas Instructor examination; or

2. Successfully pass a brazer examination offered by the AWS and a training program in instructional training approved by a major medical gas producer.

13:32-7.6 Certification for individuals engaged in practice prior to January 7, 2004

(a) An applicant who applies prior to *[(two years from the effective date of these rules)]* *May 7, 2009* and who has engaged in the installation, improvement, repair or maintenance of medical gas piping since at least January 7, 2001, shall be eligible for certification if he or she meets the requirements of N.J.A.C. 13:32-7.3(c).

(b) An applicant who applies prior to *[(two years from the effective date of these rules)]* *May 7, 2009*and who has engaged in brazing incidental to the installation, improvement, repair or maintenance of medical gas piping since at least January 7, 2001, shall be eligible for certification if he or she meets the requirements of N.J.A.C. 13:37-7.4(c).

13:32-7.7 Renewal of certificates

(a) Certificates for instructors and installers shall be renewed triennially on a form provided by the Board. Certificates to perform only brazing incidental to installation of medical gas piping shall be renewed annually on a form provided by the Board.

(b) The Board shall send a notice of renewal to each certificant at least 60 days prior to the expiration of the certificate. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalty or fines shall apply to the holder for any unlicensed practice during the period following the licensure expiration, not to exceed the number of days short of 60 before the renewals were issued.

(c) Certificants shall submit the renewal application and pay the renewal fee pursuant to N.J.A.C. 13:32-5.1 prior to the date of expiration of the certificate. If a certificant does not renew the certificate prior to its expiration date, he or she may renew the certificate no later than 30 days after its expiration date by submitting a renewal application and paving a renewal fee and a late fee pursuant to N.J.A.C. 13:32-5.1. A certificant who fails to renew the certificate within 30 days after the expiration date of the certificate shall be suspended without a hearing.

(d) A person who continues to practice or hold him or herself out as a certificant after being suspended shall be deemed to have engaged in uncertified practice pursuant to N.J.S.A. 45:14C-28, even if no notice of suspension has been provided to the person.

(e) A person seeking reinstatement within five years following the suspension of a certificate shall submit to the Board:

1. A completed reinstatement application;

2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:32-5.1;

3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:32-5.1; and

4. An affidavit of employment listing each job held during the period of suspension which includes the names, addresses, and telephone numbers of each employer.

(f) A person seeking reinstatement after more than five years following the suspension of a certificate shall successfully complete the examination required for initial certification as set forth in N.J.A.C. 13:32-7.3(c), 7.4(c) or 7.5(c) and shall submit to the Board:

1. A completed reinstatement application;

2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:32-5.1;

3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:32-5.1; and

4. An affidavit of employment listing each job held during the period of suspension which includes the names, addresses, and telephone numbers of each employer.

(g) Renewal applications for certificants shall provide the applicant with the option of either active or inactive renewal. Applicants electing to renew as inactive shall not practice or hold themselves out to the public as certificants. A certificant renewing as inactive shall submit a completed renewal application to the Board.

(h) Upon application to the Board, the Board may permit an applicant who has been on inactive status to return to active status provided such applicant pays the renewal fee as set forth in N.J.A.C. 13:32-5.1.



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