Rule Proposal

​VOLUME 49, ISSUE 13
ISSUE DATE: JULY 3, 2017
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF EXAMINERS OF MASTER PLUMBERS

Proposed Amendments: N.J.A.C. 13:32-1.1, 1.3, 1.4, 2.3, 2.4, 2.5, 3.3, 6.1, and 6.3

Proposed Repeal: N.J.A.C. 13:32-7.6

Click here to view Interested Persons Statement

Purpose and Scope; Definitions; Scope of Practice; Examinations; Failure of Examination; When Retaking Permitted; Licensure; Bona Fide Representative Responsibilities; License Renewal, Continuing Education Requirement; Required Course Topics; Certification for Individuals Engaged in Practice Prior to January 7, 2004
 
Authorized By: State 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 2017-120.
 
Submit written comments by September 1, 2017, to:
 
   Rosemarie Baccile, Acting Executive Director
   New Jersey Board of Examiners of Master Plumbers
   PO Box 45008
   124 Halsey Street
   Newark, NJ 07101
   or electronically at: www.NJConsumerAffairs.gov/proposals/pages/default.aspx.
 
The agency proposal follows:
 
Summary

The State Board of Examiners of Master Plumbers (the Board) has reviewed its rules at N.J.A.C. 13:32 and determined that several amendments to the rules are appropriate.

N.J.A.C. 13:32-1.1 states that Chapter 32 implements N.J.S.A. 45:14C-1 et seq., and provides for the licensing of master plumbers. The Board proposes to amend this section to clarify that Chapter 32 also applies to the certification and regulation of medical gas piping installers, brazers, and instructors, as set forth in N.J.S.A. 45:14C-28 et seq.

The definition of "journeyman plumber" in N.J.A.C. 13:32-1.3 is proposed for amendment to recognize that a journeyman plumber works under the supervision of a licensed master plumber or supervisory journeyman plumber and that a journeyman plumber must have completed the education requirements of N.J.A.C. 13:32-2.2.

N.J.A.C. 13:32-1.4 sets forth the scope of practice for licensed master plumbers. The section is proposed for amendment to clarify that employees who perform plumbing work have to be employees whose remuneration is reported to the Internal Revenue Service on a Form W-2. The Board also proposes to amend N.J.A.C. 13:32-1.4 to clarify that non-potable water systems include gray water and rain collection systems.

N.J.A.C. 13:32-2.3 sets forth the examination an applicant must complete. Subsection (a) is proposed for amendment to remove reference to the specific entity that prepares examinations and replace it with a general reference to third-party entities that provide the examination. As part of the periodic bidding process for developing and administering the licensing examination, the State will occasionally enter into contracts on the Board's behalf for licensing examination services with different companies and it is not appropriate to reference a specific entity in the rules. The Board proposes new subsection (e) to establish that an applicant taking the examination for the first time must complete all three sections of the examination. The Board also proposes new subsections (f) and (g) to state that an applicant who fails to pass all of the sections of the licensing examination within five years of qualifying to take the examination, or an applicant who fails to take the examination within two years of qualifying to take the examination, will be deemed to have abandoned the application for licensure.

N.J.A.C. 13:32-2.4 permits an applicant who has failed the licensing examination to review his or her examination. The Board proposes to amend this subsection (a) to remove references to the specific company and to replace it with a general reference to third-party vendors. The Board proposes to amend subsection (b) to clarify that an applicant can retake those portions of the licensing examination that he or she has failed. Proposed new subsection (c) requires an applicant to pass all sections of the examination within three attempts. If an applicant cannot pass all sections of the examination in three attempts, the passing scores on any individual sections will be forfeited and he or she will have to retake the entire licensing examination.

N.J.A.C. 13:32-2.5 sets forth what must be submitted to the Board after an applicant has passed the licensing examination. The Board proposes to amend paragraph (a)1 to recognize that a bond obtained to satisfy licensing requirements for the Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors will satisfy Board bond requirements.

N.J.A.C. 13:32-3.3 sets forth the responsibilities of bona fide representatives. The Board proposes to amend paragraph (a)3 to establish that individuals performing work for a plumbing contractor have to be employees of the plumbing contractor. The Board also proposes to amend subparagraph (a)3iii to permit a bona fide representative to supervise individuals who do not qualify as journeymen pursuant to proposed amendments to N.J.A.C. 13:32-1.3. As long as such an individual has completed at least four years learning and assisting in the installation of plumbing, a bona fide representative can supervise this person through daily contact.

N.J.A.C. 13:32-6.1 sets forth continuing education requirements for licensees. Every licensed master plumber is required to complete five credits of continuing education every biennial renewal period. The Board proposes new subsection (b) to permit licensed master plumbers who complete Department of Community Affairs' continuing education requirements for licensed plumbing inspectors to complete only one continuing education credit, specifically, the hour on laws and rules regarding the practice of a master plumber.

N.J.A.C. 13:32-6.3 outlines how topics for continuing education courses will be determined. The Board proposes new subsection (a) to require that one of the five credits of continuing education be in laws and rules pertinent to the practice of a master plumber. Recodified subsection (b) is proposed for amendment to reflect the requirement proposed in subsection (a).

N.J.A.C. 13:32-7.6 provides licensing provisions for individuals who were engaged in installing or brazing prior to January 7, 2004. As this date has passed, the rule is no longer applicable and the Board proposes to repeal N.J.A.C. 13:32-7.6.

[page=1827] The Board has determined that the comment period for this notice of proposal shall 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 proposed amendment to N.J.A.C. 13:32-1.4(b) to require individuals working under the supervision of a master plumber to be those whose remuneration is reported on a Form W-2 to the Internal Revenue Service helps to ensure that such individuals are properly supervised and that unlicensed persons are not performing work. In the event of a problem, consumers will have the benefit of the licensee's bond. Proposed amendments to N.J.A.C. 13:32-2.3 will have a social impact by ensuring that applicants are current in their knowledge. The proposed amendments to N.J.A.C. 13:32-6.1 will make it easier for plumbing inspectors to satisfy continuing education requirements. The Board does not anticipate that the proposed amendments will have any other social impact.
 
Economic Impact

Proposed amendments to N.J.A.C. 13:32-1.4 that require individuals working under the supervision of a master plumber to be those whose remuneration is reported on a Form W-2 to the Internal Revenue Service may increase costs for plumbing contractors that do not employ the individuals who they supervise. This costs would be outweighed by the benefits of ensuring that unlicensed individuals performing plumbing services are properly supervised. Proposed amendments to N.J.A.C. 13:32-2.3 could increase costs for applicants in that the amendments would require applicants who have not completed the licensing examination within the time frame established by the amendments to restart the application process. As proposed for amendment in N.J.A.C. 13:32-2.5, an applicant who holds a bond in order to satisfy licensing requirements from the State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration will be permitted to use that bond to satisfy Board licensing requirements. This will have a beneficial economic impact on such applicants as they will not be required to pay for an additional bond. The Board does not anticipate that the proposed amendments and repeal will have any other 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 and repeal.
 
Jobs Impact

The Board does not believe that the proposed amendments and repeal will result in an increase or decrease in the number of jobs in this State.
 
Agriculture Industry Impact

The Board does not believe that the proposed amendments and repeal will have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Analysis

Since licensed master plumbers and medical gas piping installers, brazers, and instructors are individually licensed or certified by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.

The Board does not believe that licensed master plumbers will need to employ any professional services to comply with the proposed amendments. The proposed amendments impose costs as detailed in the Economic Impact. The proposed amendments do not impose any reporting or recordkeeping requirements, but do impose compliance requirements as detailed in the Summary above.

As the compliance requirements contained in the proposed amendments are necessary to ensure that the performance of plumbing work is properly supervised, the Board believes that the rules must be uniformly applied to all licensed master plumbers and no exemptions are provided based on the size of a business.
 
Housing Affordability Impact Analysis

The proposed amendments and repeal will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments concern scope of practice, examination, and continuing education requirements for licensed master plumbers and the certification and regulation of medical gas piping installers, brazers, and instructors.
 
Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules 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 scope of practice, examination, and continuing education requirements for licensed master plumbers and the certification and regulation of medical gas piping installers, brazers, and instructors.
 
Full text of the proposed amendments and repeal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    PURPOSE AND SCOPE, BOARD MEETINGS
 
13:32-1.1   Purpose and scope
 
The rules contained in this chapter implement the provisions of the State Plumbing Licensing Law of 1968 (N.J.S.A. 45:14C-1 et seq.) and P.L. 2003, c. 205 (N.J.S.A. 45:14C-28 et seq.), and provide for the licensing and regulation of master plumbers, [and] the regulation of plumbing contractors, and the certification and regulation of medical gas piping installers, brazers, and instructors.
 
13:32-1.3   Definitions
 
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
 
...
 
"Journeyman plumber" means an individual who works under the supervision of a licensed master plumber or supervisory journeyman plumber and who has completed either four years [engaged in learning and assisting in the installation of plumbing and who works under the supervision of a master plumber or supervisory journeyman plumber] in an apprenticeship program approved by the United States Department of Labor or has been awarded a bachelor's degree in mechanical, plumbing, or sanitary engineering from a college or university accredited by a regional accreditation agency recognized by the Council on Post-Secondary Accreditation or the United States Department of Education.
 
...
 
13:32-1.4   Scope of practice
 
(a) (No change.)
 
(b) Plumbing shall only be performed by a master plumber, an authorized plumbing contractor, or by employees [working] whose remuneration is reported on a Form W-2 to the Internal Revenue Service and who work under the supervision of a master plumber as permitted by N.J.S.A. 45:14C-1 et seq., and N.J.A.C. 13:32-3.3(a)3.
 
(c) For purposes of this section, the following shall also be considered within the scope of the practice of plumbing and shall only be performed by individuals designated in (b) above:
 
1.-9. (No change.)
 
10. Installation and service of closed loop, non-potable water systems, such as gray water or rain collection systems of any sort, not including geothermal heating and cooling systems or fire protection and suppression systems that are not connected to plumbing systems; and
 
11. (No change.)
 
(d)-(j) (No change.)
 
SUBCHAPTER 2.    APPLICATION, EXPERIENCE REQUIREMENTS, EXAMINATION
 
13:32-2.3   Examinations
 
(a) Examinations shall be prepared and administered by [Experior Assessments, LLC., or its successor] a third-party vendor, but no license shall be granted except by the Board. The Board chairman may designate members of the Board to oversee the administration of the examination.
 
(b)-(d) (No change.)
 
[page=1828] (e) An applicant taking the examination for the first time shall complete all three sections of the examination.
 
(f) If an applicant fails to obtain a passing score on all sections of the examination within five years of the date he or she is approved to take the examination for the first time, the application for licensure shall be deemed abandoned and closed.
 
(g) If an applicant fails to sit for the examination within two years of the date he or she is approved to take the examination for the first time, the application for licensure shall be deemed abandoned and closed.
 
13:32-2.4   Failure of examination; when retaking permitted
 
(a) An applicant who has failed the plumbing licensing examination may review his or her examination upon written request to [Experior Assessments, LLC., or its successors] the third-party vendor that administered the examination, and payment to the testing service of its review fee.
 
(b) [No person] An applicant who has failed any section of the examination shall not be eligible to be reexamined for a period of six months from the date of the examination filed by such person.
 
(c) An applicant who fails to pass one or two sections of the examination shall be permitted to retake the sections that he or she failed two more times. If he or she is unable to pass all sections of the examination after these two additional attempts, he or she shall forfeit all passing scores received on any sections and shall be required to retake all sections of the examination.
 
13:32-2.5   Licensure
 
(a) After an applicant has successfully passed the licensing examination, he or she shall submit to the Board:
 
1. A surety bond in the sum of $ 3,000 as required pursuant to N.J.S.A. 45:14C-26. An applicant who has obtained a surety bond in the sum of $ 3,000 in order to satisfy the requirements of N.J.S.A. 45:16A-23 and N.J.A.C. 13:32A-2.4 shall meet this requirement if he or she submits proof that such a bond has been submitted to the State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors;
 
2.-3. (No change.)
 
SUBCHAPTER 3.    IDENTIFICATION OF LICENSEES; BONA FIDE REPRESENTATIVE; SUPERVISION
 
13:32-3.3   Bona fide representative responsibilities
 
(a) A bona fide representative registered with the Board pursuant to N.J.A.C. 13:32-3.2 shall:
 
1.-2. (No change.)
 
3. Supervise, in the manner described in (a)3i through iv below, the performance of all plumbing work performed by employees of the plumbing contractor for which the licensed master plumber acts as the bona fide representative. Such supervision shall assure the effective compliance with State and local plumbing codes and the performance of work in accordance with proper plumbing practice.
 
i. If the [person] employee performing the work is a New Jersey licensed master plumber, the bona fide representative shall require at the beginning of the job an initial report on the work to be performed and upon completion of the job a final report on the work performed;
 
ii. If the [person] employee performing the work is a supervisory journeyman, the bona fide representative or a New Jersey licensed master plumber employed by the bona fide representative shall maintain daily contact with the supervisory journeyman either directly, by telephone, or through writing. Any such contact shall be recorded by and maintained in the files of the bona fide representative or the New Jersey licensed master plumber employed by the bona fide representative;
 
iii. If the [person] employee performing the work is a journeyman or has completed four years engaged in learning and assisting in the installation of plumbing, the bona fide representative, a New Jersey licensed master plumber employed by the bona fide representative or the supervisor journeyman shall maintain daily contact with the journeyman either directly, by telephone, or through writing and, where the work requires a plumbing permit, shall inspect the work upon completion. Any such contact shall be recorded by the bona fide representative, the New Jersey licensed master plumber employed by the bona fide representative, or the supervisory journeyman; and
 
iv. If the [person] employee performing the work is an apprentice, the bona fide representative shall ensure constant on-site supervision by a New Jersey licensed master plumber employed by the bona fide representative or a supervisory journeyman during all times that plumbing services are being performed;
 
4.-7. (No change.)
 
(b)-(d) (No change.)
 
SUBCHAPTER 6.    CONTINUING EDUCATION
 
13:32-6.1   License renewal[,]; continuing education requirement
 
(a) (No change.)
 
(b) A licensee who has completed continuing education required by the Department of Community Affairs as a plumbing inspector pursuant to N.J.A.C. 5:23-5.21 shall not be required to complete four of the five credits required by (a) above for the biennial renewal period during which he or she completed the continuing education required for plumbing inspectors. Such a licensee shall be required to complete one hour reviewing the laws and rules pertinent to the practice of a master plumber as required by N.J.A.C. 13:32-6.3(a).
 
Recodify existing (b)-(d) as (c)-(e) (No change in text.)
 
13:32-6.3   Required course topics
 
(a) Every biennial period, licensees shall complete one hour reviewing the laws and regulations pertinent to the practice of a master plumber, specifically N.J.S.A. 45:14C-1 et seq., and this chapter.
 
[(a)] (b) Three months prior to the beginning of a biennial period, the Board shall determine which topics shall be provided by program sponsors for the upcoming biennial period in addition to the one hour reviewing laws and rules required by (a) above. The Board shall determine these topics at a regularly scheduled public Board meeting.
 
Recodify existing (b)-(d) as (c)-(e) (No change in text.)
 
SUBCHAPTER 7.    MEDICAL GAS PIPING
 
13:32-7.6   [Certification for individuals engaged in practice prior to January 7, 2004] (Reserved)
 
[(a) An applicant who applies prior to 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 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).]