53 N.J.R. 409(a)

VOLUME 53, ISSUE 6, MARCH 15, 2021
RULE PROPOSALS

Reporter
53 N.J.R. 409(a)
NJ - New Jersey Register  >  2021  >  MARCH  >  MARCH 15, 2021  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of  N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at      N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. 
Agency


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


Administrative Code Citation


Proposed New Rule: N.J.A.C. 13:32A-1.4


Text

  In-Duct Smoke Detectors
Authorized By: Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors, Susan Rischawy, 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 2021-023.
Submit written comments by May 14, 2021, to:

Susan Rischawy, Executive Director
State 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 Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board) proposes new N.J.A.C. 13:32A-1.4 to recognize that licensed master heating, ventilating, air conditioning, and refrigeration (HVACR) contractors are authorized to install and wire in-duct smoke detectors that are connected to HVACR equipment or a remote station within their scope of practice. The purpose of an in-duct smoke detector is to shut down an air conditioning and/or furnace unit in the event of smoke detection, thereby preventing the system from distributing smoke throughout the building. The installation and wiring of in-duct smoke detectors was historically performed by master HVACR contractors prior to the enactment of P.L. 2001, c. 211, the State Heating, Ventilating, Air Conditioning, and Refrigeration Contracting Licensing Law. The proposed new rule would not authorize licensed master HVACR contractors to hard wire in-duct smoke detectors to an alarm panel.  
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 new rule will have any impact on society.  
Economic Impact  
The proposed new rule may have a beneficial economic impact on licensed master HVACR contractors in that they will be permitted to install and wire in-duct smoke detectors.  
Federal Standards Statement  
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed new rules.  
[page=410]   Jobs Impact  
The Board does not believe that the proposed new rule will increase or decrease the number of jobs in New Jersey.  
Agriculture Industry Impact  
The Board does not believe that the proposed new rule will 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 new rule 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 proposed new rule. The proposed new rule does not impose any compliance, recordkeeping, or reporting requirements.  
Housing Affordability Impact Analysis  
The proposed new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed new rule would evoke a change in the average costs associated with housing because the proposed new rule concerns the scope of practice for licensed master HVACR contractors.  
Smart Growth Development Impact Analysis  
The proposed new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed new rule 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 new rule concerns the scope of practice for licensed master HVACR contractors.  
Racial and Ethnic Community Criminal Justice and Public Safety Impact  
The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.  
Full text of the proposed new rule follows:  
SUBCHAPTER 1.   PURPOSE AND SCOPE; DEFINITIONS  
13:32A-1.4    In-duct smoke detectors  
In addition to the services provided as part of HVACR, as defined at N.J.A.C. 13:32A-1.2, a licensed master HVACR contractor shall be permitted to install and wire in-duct smoke detectors to HVACR equipment or a remote station.