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VOLUME 46, ISSUE 13
ISSUE DATE: JULY 7, 2014
RULE PROPOSALS

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF EXAMINERS OF HEATING, VENTILATING, AIR CONDITIONING, AND REFRIGERATION CONTRACTORS


Proposed Amendment: N.J.A.C. 13:32A-5.3

State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors
 
Bona Fide Representative Responsibilities
 
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 2014-111.
 
Submit written comments by September 5, 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:
 
[page=1544] Summary

N.J.A.C. 13:32A was originally adopted effective April 15, 2013, at 45 N.J.R. 910(a). The rules became operative on March 1, 2014, see 45 N.J.R. 2606(a). The Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board) received several comments on the rules proposed regarding bona fide representative supervisory requirements in N.J.A.C. 13:32A-5.3. That rule establishes different supervision requirements depending on whether the person doing the work is a licensed master heating, ventilating, air conditioning, and refrigeration (HVACR) contractor, an HVACR journeyperson, or an apprentice. The commenters contended that some apprentices could perform work without the on-site supervision required by N.J.A.C. 13:32A-5.3. The commenters pointed out that United Association of Plumbers and Pipe Fitters of the United States and Canada, AFL-CIO, allows third-year apprentices to work without such supervision. While the Board agreed that an apprentice who has some experience should be able to provide some services without on-site supervision from a licensed master HVACR contractor, it could not make that change upon adoption because it was too substantive.

The Board now proposes to amend N.J.A.C. 13:32A-5.3, so that the level of supervision for unlicensed individuals will be based on years of experience and the nature of the work being performed, rather than designation as an apprentice or journeyman. A person with at least two years of experience in the practice of HVACR, or a person who is providing preventative maintenance on HVACR systems and who has at least one year of experience, will be supervised through daily contact with either a bona fide representative or a licensed master HVACR contractor employed by the business. Such daily contact will be recorded. Any work that requires a permit must be inspected upon completion of the work by the bona fide representative or another licensed master HVACR contractor. A person with less than two years experience who is providing any service other than preventative maintenance will be supervised on-site by a master HVACR contractor or a journeyman with at least five years experience.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
 
Social Impact

The Board does not believe that the proposed amendments will have any social impact.
 
Economic Impact

The proposed amendments permit bona fide representatives of an HVACR business to provide off-site supervision of individuals who have more experience in the practice of HVACR. This type of supervision will be less expensive to provide and will lower costs for some HVACR businesses.
 
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 does not anticipate that the proposed amendments will increase or decrease the number of jobs in the State.
 
Agriculture Industry Impact

The proposed amendments will have no impact on the agriculture industry in the State.
 
Regulatory Flexibility Analysis

Since bona fide representatives are master HVACR contractors who are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq. In addition, the businesses for which bona fide representatives work may be small businesses.

The proposed amendments will not impose any costs and the Board does not believe that bona fide representatives of their businesses will need to employ any professional services to comply with the proposed amendments. The proposed amendments do not impose reporting requirements, but do impose compliance and recordkeeping requirements as detailed in the Summary above.

As the compliance and recordkeeping requirements contained in the proposed amendments are necessary to ensure appropriate supervision of individuals providing HVACR services, the Board believes that the amended rules must be uniformly applied to all businesses and no exemptions are provided based on the size of the 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 proposed amendments would evoke a change in the average costs associated with housing because the proposed rules concern supervision requirements for unlicensed individuals who provide heating, ventilating, air conditioning, and refrigeration services.
 
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 rules concern supervision requirements for unlicensed individuals who provide heating, ventilating, air conditioning, and refrigeration services.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 5.    IDENTIFICATION OF LICENSEES; BONA FIDE REPRESENTATIVE; SUPERVISION
 
13:32A-5.3   Bona fide representative responsibilities
 
(a) A bona fide representative registered with the Board pursuant to N.J.A.C. 13:32A-5.2 shall:
 
1.-2. (No change.)
 
3. Supervise the performance of all HVACR work performed by the HVACR business as follows:
 
i. (No change.)
 
ii. If the person performing the work [is an HVACR journeyperson] has completed at least two years of experience in the practice of HVACR, the bona fide representative or a master HVACR contractor employed by the HVACR business shall maintain daily contact with the [HVACR journeyperson] person either directly, by telephone, or through writing and, where the work requires an HVACR permit, shall inspect the work upon completion. Any such contact shall be recorded by the bona fide representative or the master HVACR contractor employed by the HVACR business; [and]
 
iii. If the person is performing preventative maintenance on an HVACR system and has at least one year of experience in the practice of HVACR, the bona fide representative or a master HVACR contractor employed by the HVACR business shall maintain daily contact with the person either directly, by telephone, or through writing. Any such contact shall be recorded by the bona fide representative or the master HVACR contractor employed by the HVACR business; and
 
[iii.] iv. [If] Except as set forth in (a)3iii above, if the person performing the work [is an apprentice] has less than two years experience, the bona fide representative shall ensure constant on-site supervision by a master HVACR contractor, or an HVACR journeyperson with at least five years experience, during all times that HVACR services are being performed;
 
4.-6. (No change)
 
(b)-(d) (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 :

First Name:

Professional Organization, Association or Affiliation, if any:

E-Mail Address:

PRN 2014-111

Comments:

       
   
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