Rule Proposal

​VOLUME 49, ISSUE 15
ISSUE DATE: AUGUST 7, 2017
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-1.2

Click here to view Interested Persons Statement

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 2017-153.
 
Submit written comments by October 6, 2017, to:
 
   Rosemarie Baccile, Acting Executive Director
   New Jersey Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors
   PO Box 45008
   124 Halsey Street
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
 
The agency proposal follows:
 
Summary

The definition of "heating, ventilating, air conditioning, and refrigeration" in N.J.A.C. 13:32A-1.2 recognizes that the installation of replacement non-testable backflow devices downstream from a pre-existing valve in residential dwellings is within the scope of practice of licensed master heating, ventilating, air conditioning, and refrigeration (HVACR) contractors. The Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board) has recently received a request to amend N.J.A.C. 13:32A-1.2, so that the installation of replacement backflow devices would not be limited to residential dwellings. There is almost no difference between commercial or residential installation of replacement non-testable backflow devices and the Board has determined that it is no longer necessary to impose a distinction between these two settings. The Board proposes to amend N.J.A.C. 13:32A-1.2 to delete the phrase "in residential dwellings categorized as in Group R-4 or R-5 pursuant to N.J.A.C. 5:23-3.14."

The Board has provided a 60-day comment period for this notice of proposal. Therefore, 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 anticipate that the proposed amendment will have any impact on society.
 
Economic Impact

The proposed amendment may have a beneficial economic impact on licensed master HVACR contractors in that they will no longer be prohibited from installing replacement non-testable backflow devices in commercial settings.
 
Federal Standards Statement

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

The Board does not believe that this proposed amendment will increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact

This proposed amendment will not 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 amendment will not impose any costs and the Board does not believe that licensed master HVACR contractors will need to employ any professional services to comply with the change. The proposed amendment does not impose any compliance, recordkeeping, or reporting requirements.
 
Housing Affordability Impact Analysis

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

The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendment 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 amendment concerns the definition of "heating, ventilating, air conditioning, and refrigeration."
 
Full text of the proposal follows (deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    PURPOSE AND SCOPE; DEFINITIONS
 
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 [page=2462] utilize solar energy, to meet the environmental requirements of a designated area. "HVACR" also means the provision of propane services and the installation, servicing, connecting, maintenance, or repair of the following:
 
1.-6. (No change.)
 
7. The installation of a replacement non-testable backflow device downstream from a pre-existing valve[, in residential dwellings categorized as in Group R-4 or R-5 pursuant to N.J.A.C. 5:23-3.14];
 
8.-10. (No change