53 N.J.R. 997(a)

VOLUME 53, ISSUE 11, JUNE 7, 2021
RULE PROPOSALS

Reporter
53 N.J.R. 997(a)
NJ - New Jersey Register  >  2021  >  JUNE  >  JUNE 7, 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 > STATE BOARD OF EXAMINERS OF HEATING, VENTILATING, AIR CONDITIONING, AND REFRIGERATION CONTRACTORS

Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:32A-1.1, 1.2, and 1.3
Text

  Electrical Contractor Exemption; Connection of Replacement Wiring
Authorized By: State 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 2021-049.

Submit written comments by August 6, 2021, to:

Susan Rischawy, Executive Director
State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors
124 Halsey Street
PO Box 47031
Newark, New Jersey 07101

or electronically at:

http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:
Summary
P.L. 2019, c. 260, establishes that a licensed electrical contractor who has completed continuing education in the installation of gas piping relevant to electric generators is authorized to install, maintain, or repair gas piping associated with electric generators without holding a license from the Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board). The Board proposes amendments at N.J.A.C. 13:32A-1.1 to implement P.L. 2019, c. 260. N.J.A.C. 13:32A-1.2 and 1.3 permit licensed master heating, ventilating, air conditioning, and refrigeration (HVACR) contractors to provide limited electrical work. The Board proposes to amend N.J.A.C. 13:32A-1.2 and 1.3 to revise the limitations on the electrical work the licensed master HVACR contractors may perform.  
N.J.A.C. 13:32A-1.1 sets forth exemptions to the requirement that a person hold a license as a master HVACR contractor if he or she seeks to provide HVACR services. The Board proposes to amend this section to provide an exemption to HVACR licensure requirements for licensed electrical contractors who install, maintain, or repair natural or manufactured gas piping while installing or repairing electric generators. Such licensed electrical contractors must have completed one hour of continuing education in natural gas piping and one hour of continuing education in manufactured gas piping.  
The definition of "heating, ventilating, air conditioning, and refrigeration," at N.J.A.C. 13:32A-1.2, includes specific services that are considered the practice of HVACR. One of these services is, in replacement cases only, the connection of wiring from an equipment services disconnect box. This provision is limited to equipment that has a heating or cooling capacity of 25 tons or less and a voltage system of 240 volts or less. The Board proposes to amend N.J.A.C. 13:32A-1.2 to delete the limitations as to heating or cooling capacity or voltage. These amendments conform to the statutory definition of "heating, ventilating, air conditioning, and refrigeration" at N.J.S.A. 45:16A-2.  
N.J.A.C. 13:32A-1.3 provides that, except for replacement work included in the definition of "heating, ventilating, air conditioning, and refrigeration" at N.J.A.C. 13:32A-1.2, a licensed master HVACR contractor is limited to performing electrical work that has a potential of [page=998] no more than 10 volts or, when the work is in Class III structures, no more than 30 volts. The Board proposes to amend N.J.A.C. 13:32A-1.3, so that licensed master HVACR contractors will be limited to electrical work with a potential of no more than 30 volts. This amendment conforms to the statutory limitations at N.J.S.A. 45:16A-28.  
The Board has provided a 60-day comment period on 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 believe that the proposed amendments will have an impact on society.  
Economic Impact  
The proposed amendments may have a beneficial impact on licensed master HVACR contractors in that they will be permitted to provide additional electrical work for which they may receive compensation.  
Federal Standards Statement  
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:16A-4 et. seq., and do not involve any Federal standards or requirements.  
Jobs Impact  
The Board does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.  
Agriculture Industry Impact  
The Board does not believe that the proposed amendments 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 amendments 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 amendments. The proposed amendments do not impose any compliance, recordkeeping, or reporting requirements upon licensed master HVACR contractors.  
Housing Affordability Impact Analysis  
The proposed amendments will have an insignificant impact on the affordability of 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 amendments concern electrical work performed by licensed master HVACR contractors.  
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 amendments concern electrical work performed by 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 proposal follows (additions indicated in boldface   thus; deletions indicated in brackets [thus]):  
SUBCHAPTER 1.   PURPOSE AND SCOPE; DEFINITIONS  
13:32A-1.1    Purpose and scope  
(a) (No change.)  
(b) This chapter does not apply to any person who is:  
1.-6. (No change.)  
7. Licensed as an electrical contractor and is engaged in the installation of:  
i. (No change.)  
ii. In commercial applications the connection sleeve between a roof-top mounted exhaust fan and its central connecting register, provided that this connection sleeve is not more than 15 inches in length or the length necessary to penetrate a roof or other similar openings; [or]  
8. Licensed as an electrical contractor and is engaged in the maintenance and repair of the electrical sections of any equipment used for heating, ventilating, air conditioning, or refrigeration[.]; or  
9. Licensed as an electrical contractor and is engaged in the installation, maintenance, and repair of natural or manufactured gas piping while installing or repairing electric generators, provided he or she has completed two hours of continuing education in the installation of gas piping relevant to installing or repairing electric generators, of which one hour is in natural gas piping and one hour is in manufactured gas piping.  
(c)-(f) (No change.)  
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 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.-9. (No change.)  
10. In replacement cases only, the connection of the wiring from an equipment service disconnect box of adequate size to accommodate pneumatic and/or direct digital controls and control piping of automatic oil, gas, coal burning, or any other product of combustion equipment, mechanical refrigeration equipment, gasoline, or diesel oil dispensing equipment previously dedicated to that equipment, as long as[:  
i. The heating or cooling capacity of each piece of equipment is 25 tons or less;  
ii. The voltage of the system is 240 volts or less; and  
iii. The]   the connection of the wiring is performed according to all relevant provisions in the Uniform Construction Code.  
. . .  
13:32A-1.3    Electrical work  
[(a)] Except in replacement cases described in the definition of "heating, ventilating, air conditioning, and refrigeration," a master HVACR contractor shall not perform any electrical work[:  
1. With a potential of more than 10 volts, except as provided in (a)2 below; or  
2. With]   with a potential of more than 30 volts[, in class III structures, as defined by N.J.A.C. 5:23-1.4].