51 N.J.R. 1087(a)

VOLUME 51, ISSUE 13, JULY 1, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1087(a)
NJ - New Jersey Register  >  2019  >  JULY  >  JULY 1, 2019  >  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 Amendment: N.J.A.C. 13:32A-4.4
Text

Continuing Education Requirements

Authorized By: State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors, Kerrie Shahan, 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 2019-098.

Submit written comments by August 30, 2019, to:

   Kerrie Shahan, Acting 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

N.J.A.C. 13:32A-4.4 exempts licensed master heating, ventilating, air conditioning, and refrigeration (HVACR) contractors who have completed the continuing education requirements for renewal of a license as a master plumber from completing four of the five credits of continuing education required to renew a master HVACR contractor license. Such individuals are required to complete one hour of continuing education in statutes and rules governing the practice of heating, ventilating, air conditioning, and refrigeration. The State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board) proposes to amend N.J.A.C. 13:32A-4.4(c) to provide the same exemption to individuals who have completed continuing education to renew a license as a plumbing inspector or mechanical inspector. Pursuant to N.J.A.C. 5:23-5.21, inspectors are required to complete 15 contact hours of continuing education related to their area of expertise every three years.

The Board has provided a 60-day comment period for this notice of proposal. 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 Board does not anticipate that the proposed amendment will have any impact on society.

Economic Impact

The Board anticipates that the proposed amendment will have a beneficial economic impact on licensed master HVACR contractors who are also licensed as plumbing inspectors or mechanical inspectors. Such individuals will not be required to bear the cost of completing four of the five hours of continuing education required to renew a master HVACR contractor license.

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 the proposed amendment will increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Board does not believe that this proposed amendment 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 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 proposed amendment. 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 continuing education requirements for renewal of master HVACR contractor licensure.

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 continuing education requirements for renewal of master HVACR contractor licensure.

[page=1088] Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Board has evaluated the proposed amendment 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.

Regulations

Full text of the proposal follows (additions indicated in boldface thus):

SUBCHAPTER 4.   CONTINUING EDUCATION

13:32A-4.4   Credit awarded

(a)-(b) (No change.)

(c) A master HVACR contractor who has completed the continuing education requirements for renewal of a license as a master plumber, or as a plumbing inspector or mechanical inspector by the Department of Community Affairs pursuant to N.J.A.C. 5:23-5.21, shall earn four credits of continuing education. Such a master HVACR contractor shall be required to complete one hour of continuing education in the statutes and rules governing the practice of heating, ventilating, air conditioning, and refrigeration required by N.J.A.C. 13:32A-4.3.