53 N.J.R. 1765(a)

VOLUME 53, ISSUE 20, OCTOBER 18, 2021
RULE PROPOSALS

Reporter
53 N.J.R. 1765(a)
NJ - New Jersey Register  >  2021  >  OCTOBER  >  OCTOBER 18, 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 Amendment: N.J.A.C. 13:32A-6.1  
Proposed New Rules: N.J.A.C. 13:32A-7
Text

  Licensed Master Hearth Specialists
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 2021-099.

Submit written comments by December 17, 2021, to:

Susan Rischawy, Executive Director
State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors
PO Box 47031
124 Halsey Street
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, (the Act) created the Licensed Master Hearth Specialist Advisory Committee (Committee) under the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors Board (Board). The Act allows for the licensure and regulation of licensed master hearth specialists. The Board proposes new rules at N.J.A.C. 13:32A-7 to implement the Act.  
Proposed amendments at N.J.A.C. 13:32A-6.1 introduce fees the Board will charge in connection with licensure of master hearth specialists. These fees have been set at the lowest level calculated to discharge the duties of the Committee, given the estimate of the individuals who will seek licensure. The fees are similar to those paid by licensed HVACR contractors.  

Proposed new N.J.A.C. 13:32A-7.1 sets forth the purpose and scope of the subchapter and the individuals to whom the proposed new rules do not apply. N.J.A.C. 13:32A-7.2 provides definitions for terms used throughout the subchapter. The section provides definitions taken from P.L. 2019, c. 260, such as "barbecue appliance," "bona fide representative," "hearth professional work," and "outdoor patio appliance." The section also provides definitions for terms that are not defined at P.L. 2019, c. 260, such as "employee," which is an "individual who is employed by a hearth professional work business."  

 
N.J.A.C. 13:32A-7.3 sets forth the documents that an applicant for licensure must submit to the Board. Among other items, an applicant will need to submit proof that the applicant has a valid certification as a master hearth professional from the National Fireplace Institute (NFI) and has worked for at least five years, of which two must be in the preceding five years, in the hearth profession.  

 
P.L. 2013, c. 264, established a procedure by which an individual who is licensed in another state and who is the spouse of an active-duty member of the Armed Forces of the United States may obtain a courtesy temporary license in New Jersey. Proposed new N.J.A.C. 13:32A-7.4 effectuates P.L. 2013, c. 264, for master hearth specialists. An applicant who seeks a temporary courtesy license will have to be licensed in another state, cannot be a resident of New Jersey, and must be the spouse of an active-duty member of the Armed Forces who has been transferred to New Jersey. An applicant would not be eligible for a license if the applicant has committed an act that resulted in action being taken against his or her [page=1766] license, or was the subject of an investigation by a licensing entity in the other state. The proposed new section sets forth the documents an applicant must submit to obtain a temporary courtesy license. A temporary courtesy license would be valid for one year and could be renewed for an additional year upon application to the Committee. The holder of a temporary courtesy license would be required to complete the continuing education requirements.  
Proposed new N.J.A.C. 13:32A-7.5 addresses renewal of licensure requirements, which are set forth at N.J.S.A. 45:1-7.1. The section requires licensed master hearth specialists to renew licensure biennially. Renewal applicants would have to attest that they have completed continuing education requirements and are currently certified as master hearth professionals by the NFI. The Committee is required to send out notices of renewal that explain the option to renew as inactive. Licensed master hearth specialists would be permitted to renew within 30 days of license expiration by paying a late renewal fee. A licensed master hearth specialist who does not renew a license by the end of this 30-day late period would be suspended. A licensed master hearth specialist who renews as inactive or whose license has been suspended shall not provide hearth professional work.  

 
Proposed new N.J.A.C. 13:32A-7.6 addresses reactivation of licensure for those who elected inactive status pursuant to N.J.S.A. 45:1-7.4. A licensed master hearth specialist seeking to reactivate a license would be required to submit a reactivation application, a certification of employment listing jobs held while the license was inactive, the renewal fee, evidence of having completed the continuing education credits required for the current renewal period, and proof of certification by the NFI. The proposed new section would permit licensed master hearth specialists to satisfy continuing education requirements by showing that they completed the requirements of another state in which they were licensed. The proposed new section would permit the Committee to require a licensee to pass an examination, complete a refresher course, or meet any other Committee imposed requirement, if the Committee determines that there is a reason to conclude that the licensed master hearth specialist would not be able to practice safely. The proposed new section provides criteria for determining if a practice deficiency exists.  

 
N.J.A.C. 13:32A-7.7 establishes standards for reinstating a license suspended for failure to renew. A licensed master hearth specialist seeking to reinstate a license would have to submit a reinstatement application, a certification of employment listing jobs held during the period a license was suspended, the current renewal fee, the past due fee from the last renewal period, a reinstatement fee, evidence of completing the continuing education credits required for the current renewal period, and proof of certification by the NFI. An applicant for reinstatement could satisfy the continuing education requirements by showing completion of the requirements of another state in which the applicant was licensed. The section permits the Committee to require an applicant for reinstatement to pass an examination, complete a refresher course, or meet any other Committee imposed requirement, if the Committee determines that there is a reason to conclude that an applicant would not be able to practice safely. The new section provides criteria for determining if a practice deficiency exists.  

 
Proposed new N.J.A.C. 13:32A-7.8 establishes continuing education requirements. The section requires licensed master hearth specialists to complete 22 credit hours of continuing education every biennial renewal period. Licensed master hearth specialists renewing their license for the first time will not be required to complete continuing education requirements. One credit hour of the required 22 must be in propane services, covering the same information as that in the Fundamentals of LP Manual from the Plumbing-Heating-Cooling Contractors Association or the Gas Installation for UA Journeyworkers and Apprentices manual from the United Association. If a licensed master hearth specialist completes more than the required continuing education credit hours in a biennial renewal period, the licensed master hearth specialist may carry over up to 11 credit hours to the succeeding biennial period.  

 
Proposed new N.J.A.C. 13:32A-7.9 sets forth methods for satisfying continuing education requirements. A licensed master hearth specialist may complete continuing education courses approved by, or offered by providers approved by, the NFI or by teaching a new continuing education course approved by the NFI. A licensed master hearth specialist who successfully passes the NFI examination will earn 21 credit hours. The section also establishes that the one credit hour course in propane services will have to be: offered by, or offered by providers approved by the NFI, offered by sponsors approved by the Board or the Board of Examiners of Master Plumbers; or offered by, or offered by providers approved by, the Department of Community Affairs.  

 
Proposed new N.J.A.C. 13:32A-7.10 requires the Committee to perform random audits of licensed master hearth specialists to determine compliance with continuing education requirements. The section also establishes the documentation licensed master hearth specialists will need to maintain in order to document completion of continuing education. Proposed new N.J.A.C. 13:32A-7.11 permits a licensed master hearth specialist to request a waiver of continuing education requirements pursuant to N.J.A.C. 13:45C-2.3. N.J.A.C. 13:32A-7.12 permits the Committee to direct a licensed master hearth specialist to complete additional continuing education credit hours as part of discipline or to correct a deficiency in a licensed master hearth specialist's continuing education requirements.  

 
Proposed new N.J.A.C. 13:32A-7.13 requires that commercial vehicles, stationery, and advertising include specific information. If a licensed master hearth specialist intends to subcontract, or has subcontracted in the previous year, one-third or more of his or her work, advertisements must include a disclosure that indicates that he or she subcontracts a substantial part of his or her work to other licensed master hearth specialists.  
Proposed new N.J.A.C. 13:32A-7.14 imposes requirements on those seeking to become, and those acting as, bona fide representatives of a hearth professional work business. A licensed master hearth specialist who seeks to act as a bona fide representative must register with the Committee. A bona fide representative is required to submit proof that the hearth professional work business consents to have the bona fide representative act as the agent for service of process for the business and proof that the business accepts liability for costs or penalties assessed against the bona fide representative. If a bona fide representative leaves a hearth professional work business, the business may continue to operate for up to 60 days without a bona fide representative as long as a licensed master hearth specialist supervises any work performed by the business. If a bona fide representative cannot perform his or her duties due to illness, disability, or death, a hearth professional work business may continue to operate for up to six months without a bona fide representative, as long as a licensed master hearth specialist supervises any work performed by the business.  

Proposed new N.J.A.C. 13:32A-7.15 imposes several requirements on bona fide representatives including: securing permits for work performed by the business; being responsible for any violations at N.J.S.A. 45:16A-29 et seq., and Committee rules committed by employees of the business; acting as the bona fide representative for only one business; and either maintaining a place of business in New Jersey or designating an entity in New Jersey for service of process. The section establishes supervision requirements for employees of a hearth professional work business. 

 
The section permits the Committee to proceed against both a bona fide representative and any licensed master hearth specialist employed by the hearth professional work business for violations at N.J.S.A. 45:16A-29 et seq., or Committee rules. The section also imposes requirements on a bona fide representative who subcontracts work to another hearth professional work business. A bona fide representative is required to have knowledge as to a hearth professional work business' bookkeeping and financial practices so as to answer any Committee inquiries into the business.  

Proposed new N.J.A.C. 13:32A-7.16 dictates that any work a licensed master hearth specialist contracts to perform either shall be performed by the licensed master hearth specialist, his or her employees, or be subcontracted to another licensed master hearth specialist. The section also requires that remuneration of employees of a hearth professional work business be documented on Internal Revenue Service Form W-2, which will be made available to the Committee upon request. Pursuant to proposed new N.J.A.C. 13:32A-7.17, the Committee will issue identification cards to all licensed master hearth specialists. Licensed master hearth specialists will be required to present this card when applying for permits.  

 
[page=1767] Proposed new N.J.A.C. 13:32A-7.18 requires a licensed master hearth specialist to inform the Board of the specialist's address of record and any change to an address of record. Service of process to an address of record with the Committee will be deemed adequate notice for the commencement of an action taken against a licensed master hearth specialist.  

 
Proposed new N.J.A.C. 13:32A-7.19 prohibits a licensed master hearth specialist from charging an unconscionable price. The rule provides the factors the Committee will consider in determining if a price is unconscionable. Proposed new N.J.A.C. 13:32A-7.20 sets forth the titles that a licensed master hearth specialist may use and prevents unlicensed individuals from engaging in the practice of hearth professional work or using titles reserved for licensed master hearth specialists. Proposed new N.J.A.C. 13:32A-7.21 establishes that no person can install, improve, repair, or maintain gas piping associated with barbecue appliances, hearth product appliances, outdoor patio appliances, decorative space heater appliances, or hearth professional work, unless licensed by the Committee or by another licensing body whose scope of practice includes installing, repairing, or maintaining gas piping.  
As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.  

Social Impact  
The proposed amendment and new rules will have a positive impact on consumers who are the recipients of hearth professional work and on the hearth professional work industry. Requiring master hearth specialists to hold licensure will ensure that every contractor is properly prepared to provide safe and effective hearth professional work and that any master hearth specialist who engages in inappropriate behavior will be subject to Committee discipline. Additionally, the new rules will provide consumers with the ability to direct questions, concerns, or problems that may arise with any licensed master hearth specialist to the Committee.  

 
Economic Impact  
The proposed amendment and new rules impose costs on applicants for licensure and licensed master hearth specialists. N.J.A.C. 13:32A-7.3 requires applicants to be certified by NFI as a master hearth professional. Applicants will bear the cost of obtaining and maintaining this certification, that must be renewed every three years. The exam cost to obtain the certification is expected to be roughly $ 1,000 per applicant, though costs may vary depending on professional affiliations and preparatory materials. This cost will be outweighed by the benefits of ensuring that applicants are adequately prepared to safely and effectively provide hearth professional work.  

 
N.J.A.C. 13:32A-7.5 requires licensed master hearth specialists to renew licensure biennially with the Committee and pay the fee set out at N.J.A.C. 13:32A-6.1. These fees currently are charged in order for the Committee to be self-funding and in compliance with N.J.S.A. 45:1-3.2. The fees have been set at the lowest level calculated to discharge the duties of the Committee, given the estimate of those who will seek licensure.  

 
N.J.A.C. 13:32A-7.8 requires licensed master hearth specialists to complete continuing education courses every biennial renewal period. The costs of these courses are set by the sponsors who offer them. The Committee believes that the costs licensed master hearth specialists incur in completing these courses will be outweighed by the benefits licensed master hearth specialists, and the consumers who receive hearth professional work from these licensed master hearth specialists, receive from continuously updating their competency through education.  

 
N.J.A.C. 13:32A-7.13 requires that vehicles, correspondence, and advertising used or issued by licensed master hearth specialists include specific information. Licensed master hearth specialists will bear the cost of labeling vehicles and correspondence with this information and including this information in any advertisements. The Committee believes that the costs licensed master hearth specialists incur in providing this information will be outweighed by the benefits consumers gain from knowing the identity and licensure status of individuals offering or providing hearth professional work.  

 
Federal Standards Statement  
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendment and new rules. 

 
Jobs Impact  
The Board does not anticipate the proposed amendment and new rules will increase or decrease the number of jobs in the State. 

 
Agriculture Industry Impact  
The proposed amendment and new rules will have no impact on the agriculture industry in the State. 

 
Regulatory Flexibility Analysis  
Since licensed master hearth specialists will be individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.  

 
The costs imposed on small businesses by the proposed amendment and new rules will be the same costs that are imposed on all licensed master hearth specialists as outlined in the Economic Impact statement. The Board does not believe that licensed master hearth specialists will need to employ any professional services to comply with the proposed amendment and new rules. The proposed amendment and new rules impose compliance, reporting, and recordkeeping requirements as detailed in the Summary.  

 
As the compliance, reporting, and recordkeeping requirements contained in the proposed amendment and new rules are necessary to adequately regulate licensed master hearth specialists and protect consumers who receive hearth professional work, the Committee believes that the rules must be uniformly applied to all licensed master hearth specialists and no exemptions are provided based on the size of the licensee's business.  

 
Housing Affordability Impact Analysis  
The proposed amendment and new rules 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 rules concern the licensure and regulation of licensed master hearth specialists.  

 
Smart Growth Development Impact Analysis  
The proposed amendment and new rules 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 amendment and new rules concern the licensure and regulation of licensed master hearth specialists.   

Racial and Ethnic Community Criminal Justice and Public Safety Impact  
The Committee 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 6.    FEES  
13:32A-6.1    Fee schedule  
(a) The following fees shall be charged by the Board   in connection with   licensure of master HVACR contractors:  
1.-11. (No change.)  

 
(b)   The following fees shall be charged by the Board in connection with licensure of master hearth specialists:  

  SUBCHAPTER 7.             LICENSED MASTER HEARTH SPECIALIST ADVISORY COMMITTEE  
13:32A-7.1        Purpose and scope  
(a) The rules contained in this subchapter provide for the licensing and regulation of master hearth specialists, implementing the provisions at P.L. 2019, c. 260.  
(b) This subchapter does not apply to any person who is:  
1. Licensed to practice in New Jersey and is practicing within the scope of practice of his or her profession, including an architect, professional engineer, electrical contractor, manufactured gas supplier or marketer, master plumber, or master heating, ventilating, air conditioning, and refrigeration contractor, as long as such person does not identify him- or herself as a licensed master hearth specialist;  
2. A chimney service professional registered as a home improvement contractor with the Division of Consumer Affairs, as long as such person does not identify him- or herself as a licensed master hearth specialist;  
3. A single-family homeowner who personally performs hearth professional work on his or her own dwelling; and  
4. Any public utility company regulated by the Board of Public Utilities or any related competitive business segment of that public utility that offers competitive services pursuant to the Electric Discount and Energy Competition Act, P.L. 1999, c. 21 (N.J.S.A. 48:3-49 et seq.).  
13:32A-7.2        Definitions  
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.  
"Barbecue appliance" means an appliance that cooks food by applying heat as a result of burning solid fuel, gas fuel, natural or manufactured gas, wood fuel, or pellet fuel.  
"Board" means the State Board of Examiners of Heating, Ventilating,< >Air Conditioning and Refrigeration Contractors.  
"Bona fide representative" means a licensed master hearth specialist who has not less than one percent ownership of the issued and outstanding shares of stock in a corporation, or not less than one percent ownership of any other firm or legal entity engaged in hearth professional work in this State. A "bona fide representative" means, with respect to a corporation, partnership, or other firm or legal entity engaged in hearth professional work in this State that generates more than 65 percent of its gross revenue from sources other than hearth professional work, or with respect to a publicly traded corporation, including its wholly owned subsidiaries, whose principal business in New Jersey is hearth professional work:  
1. In the case of a sole proprietorship, the owner;  
2. In the case of partnership, the partner;  
3. In the case of a limited liability company, a manager; or  
4. In the case of a corporation, an executive officer.  
"Committee" means the Licensed Master Hearth Specialist Advisory Committee.  
"Decorative space heater appliance" means an appliance that offers a decorative view of flames and provides heat to the immediate area by the means of thermal radiation or convection, and includes free standing, mounted, or built-in appliances, stoves, fireplaces, inserts, and gas logs, and may be fueled by solid fuel, gas fuel, natural or manufactured gas, wood fuel, or pellet fuel.  
"Employee" means an individual who is employed by a hearth professional work business.  
"Hearth product appliance" means a fireplace, fireplace insert, stove, or log set that offers a decorative view of flames and may be fueled by solid fuel, gas fuel, natural or manufactured gas, wood fuel, or pellet fuel, and may include a passive or powered air vent heated by flames, a convection chamber for the purpose of heating the room air by the means of gravity, or a manufacturer approved or supplied fan.  
"Hearth professional work" means the installation, replacement, connection, venting, inspection, repair, maintenance, or servicing of hearth product appliances, barbecue appliances, outdoor patio appliances, and decorative space heater appliances, and shall include the installation, inspection, repair, or servicing of vents, vent connectors, masonry, metal and factory-built chimney and vent systems, and natural or manufactured gas piping on the load side of the meter.  
"Licensed master hearth specialist" means a person who holds a current, valid license to engage in hearth professional work pursuant to P.L. 2019, c. 260 (N.J.S.A. 45:16A-29 et seq.).  
"Outdoor patio appliance" means an appliance that is located outdoors and may be fueled by solid fuel, gas fuel, natural or manufactured gas, wood fuel, or pellet fuel, including free standing, mounted, or built-in appliances, stoves, fireplaces, fire pits, inserts, and gas logs.  
13:32A-7.3        Eligibility for licensure  
(a) An applicant for a license as a master hearth specialist shall submit to the Committee:  
1. A completed application for licensure, on a form provided by the Committee, including a full street name and number. An application containing only a post office box number as a mailing address shall not be considered a complete application;  
2. Proof that the applicant is at least 21 years of age;  
3. A passport size photograph of the applicant taken within the last six months;  
4. Proof that the applicant has a valid certification as a master hearth professional from the National Fireplace Institute (NFI);  
5. Proof that the applicant has been engaged or employed in hearth professional work for at least five years, two of which shall be within the preceding five years. Such proof may include:  
i. A signed attestation from a licensed master hearth specialist indicating that the applicant has completed five years of hearth professional work;  
ii. An employment history showing that the applicant has engaged in hearth professional work signed by an employer;  
iii. A copy of a Form W-2 that has been submitted to the Internal Revenue Service indicating that the applicant engaged in the hearth professional work; or  
iv. Any other documentation that demonstrates to the Committee that the applicant has completed at least five years of experience in hearth professional work.  
6. The application fee as set forth at N.J.A.C. 13:32A-6.1.  
(b) After the Committee has reviewed the information required at (a) above and determined that the applicant meets the standards, the Committee shall send a letter that informs the applicant that the applicant will be licensed upon receipt of the license fee as set forth at N.J.A.C. 13:32A-6.1. Upon receipt of the fee, the Committee shall send the applicant the license.  
13:32A-7.4        Temporary courtesy license  
(a) An applicant may obtain a temporary courtesy license pursuant to P.L. 2013, c. 264, if the applicant:  
1. Is currently licensed in good standing in another state or territory of the United States, or the District of Columbia, that has licensure requirements equivalent to those in New Jersey;  
2. Is not a resident of New Jersey;  
3. Has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of a master hearth specialist license in New Jersey or has not been disciplined, or is not the subject of an investigation, by a professional or occupational licensing or credentialing entity in another jurisdiction;  
4. Is the spouse of an active-duty member of the Armed Forces of the United States who has been transferred to New Jersey in the course of his or her service; and  
5. Is legally domiciled in New Jersey or has moved to New Jersey on a permanent change-of-station basis.  
[page=1769]   (b) An applicant for a temporary courtesy license shall submit, or arrange to submit, to the Committee:  
1. A completed application form;  
2. The application and temporary courtesy license fees as set forth at N.J.A.C. 13:32A-6.1(b)1 and 8;  
3. Written or electronic verification of status of licensure from every state or territory of the United States, or the District of Columbia, in which the applicant was ever licensed. The verification shall either be forwarded directly to the Committee from the applicable State board, if written, or if electronic, be issued by the applicable State board; and  
4. Proof that the applicant was engaged in hearth professional work in another jurisdiction, including any time spent discharging official duties in the Armed Forces or for an agency of the Federal government, for at least two of the last five years immediately preceding the date of application.  
(c) A temporary courtesy license shall be valid for one year.  
(d) A holder of a temporary courtesy license shall comply with the continuing education requirements at N.J.A.C. 13:32A-7.8.  
(e) An individual who holds a temporary courtesy license may apply to the Committee for an extension of the license for an additional year by submitting a renewal application to the Committee.  
13:32A-7.5        Renewal of license  
(a) Licenses shall be renewed biennially on a form provided by the Board. Each applicant for renewal shall attest that the continuing education requirements at N.J.A.C. 13:32A-7.8 have been completed during the prior biennial period and that the applicant has a valid certification as a master hearth professional from the National Fireplace Institute (NFI).  
(b) The Committee shall send a notice of renewal to each licensed master hearth specialist, at least 60 days prior to the expiration of the license. The notice of renewal shall explain inactive renewal and advise the licensed master hearth specialist of the option to renew as inactive. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.  
(c) A licensed master hearth specialist shall renew his or her license for a period of two years from the last expiration date. The licensed master hearth specialist shall submit the renewal application and pay the renewal fee pursuant to N.J.A.C. 13:32A-6.1 prior to the date of expiration of the license.  
(d) A licensed master hearth specialist may renew his or her license by choosing inactive status. A licensed master hearth specialist with an inactive license shall not practice as a licensed master hearth specialist or hold himself or herself out as eligible to practice as a licensed master hearth specialist, in New Jersey until such time as the license is returned to active status.  
(e) If the licensed master hearth specialist does not renew the license prior to its expiration date, the licensed master hearth specialist may renew the license no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to N.J.A.C. 13:32A-6.1. During this 30-day period, the license shall be valid, and the licensed master hearth specialist shall not be deemed practicing without a license.  
(f) A licensed master hearth specialist who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.  
(g) A person who continues to practice or hold himself or herself out as a licensed master hearth specialist after his or her license has been suspended pursuant to (f) above shall be deemed to have committed unlicensed practice pursuant to N.J.S.A. 45:16A-33 and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the person.  
13:32A-7.6        License reactivation  
(a) A master hearth specialist who holds an inactive license pursuant to N.J.A.C. 13:32A-7.5(d) may apply to the Committee for reactivation of the inactive license. A master hearth specialist seeking reactivation of an inactive license shall submit:  
1. A reactivation application;  
2. A certification of employment listing each job held during the period of inactive license that includes the names, addresses, and telephone number of each employer;  
3. If the reactivation application is sent during the first year of the biennial renewal period, the renewal fee for the biennial period for which reactivation is sought as set forth at N.J.A.C. 13:32A-6.1. If the renewal application is sent during the second year of the biennial period, half of the renewal fee for the biennial period for which reactivation is sought as set forth at N.J.A.C. 13:32A-6.1;  
4. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:32A-7.8; and  
5. Proof that the applicant has a valid certification as a master hearth professional from the National Fireplace Institute (NFI).  
(b) An applicant who holds a valid, current license in good standing issued by another state to practice as a master hearth specialist and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements at (a)4 above. If the other state does not have any continuing education requirements, the requirements at (a)4 above shall apply.  
(c) If a Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Committee may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reactivation of licensure, to take and successfully complete education or training, or to submit to supervision, monitoring, or limitations, as the Committee determines necessary to assure that the applicant practices with reasonable skill and safety. The Committee may restore the license subject to the applicant's completion of training within a period of time prescribed by the Committee following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Board shall consider the following non-exhaustive issues:  
1. Length of time the license was inactive;  
2. Employment history;  
3. Professional history;  
4. Disciplinary history and any action taken against the applicant's license by any professional or occupational licensing board;  
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to practice as a master hearth specialist or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;  
6. Pending proceedings against a professional or occupational license issued to the applicant by a professional or occupational board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and  
7. Civil litigation related to practice as a master hearth specialist or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.  
13:32A-7.7        License reinstatement  
(a) A person who has had his or her license suspended pursuant to N.J.A.C. 13:32A-7.5(f) may apply to the Committee for reinstatement. A person applying for reinstatement shall submit:  
1. A reinstatement application;  
2. A certification of employment listing each job held during the period of suspended license that includes the names, addresses, and telephone number of each employer;  
3. The renewal fee set forth at N.J.A.C. 13:32A-6.1 for the biennial period for which reinstatement is sought;  
[page=1770]   4. The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought;  
5. The reinstatement fee set forth at N.J.A.C. 13:32A-6.1;  
6. Evidence of having completed all continuing education credits for the current biennial registration period, consistent with the requirements set forth at N.J.A.C. 13:32A-7.8; and  
7. Proof that the applicant has a valid certification as a master hearth professional from the National Fireplace Institute (NFI).  
(b) An applicant who holds a valid, current license in good standing issued by another state to practice as a master hearth specialist and submits proof of having satisfied that state's continuing education requirements, shall be deemed to have satisfied the requirements at (a)6 above. If the other state does not have any continuing education requirements, the requirements at (a)6 above shall apply.  
(c) If a Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Committee may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reinstatement of licensure, to take and successfully complete education or training, or to submit to supervision, monitoring, or limitations, as the Committee determines necessary to assure that the applicant practices with reasonable skill and safety. The Committee may restore the license subject to the applicant's completion of training within a period of time prescribed by the Committee following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Committee shall consider the following non-exhaustive issues:  
1. Length of time the license was suspended;  
2. Employment history;  
3. Professional history;  
4. Disciplinary history and any action taken against the applicant's license by any licensing or occupational board;  
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to practice as a master hearth specialist or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;  
6. Pending proceedings against a professional or occupational license issued to the licensee by a professional or occupational board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and  
7. Civil litigation related to practice as a master hearth specialist or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.  
13:32A-7.8        Continuing education  
(a) Upon biennial license renewal, licensed master hearth specialists shall attest that they have completed courses of continuing education of the types and number of credit hours specified at (b) and (c) below. Falsification of any information submitted on the renewal application may require an appearance before the Committee and may subject a licensed master hearth specialist to penalties and/or suspension or revocation of the license pursuant to N.J.S.A. 45:1-21 through 25.  
(b) Each applicant for biennial license renewal shall be required to complete during the preceding biennial period 22 credit hours of continuing education related to the practice of hearth professional work, except as provided at (d) below.  
(c) One credit hour of the 22 required pursuant to (b) above shall be in propane services, including substantially the same information covered in either the Fundamentals of LP manual, 2007 edition, published by the Plumbing-Heating-Cooling Contractors Association, 180 S. Washington Street, PO Box 6808, Falls Church, VA 22046, incorporated herein by reference, as amended and supplemented, or the Gas Installation for UA Journeyworkers and Apprentices manual, 2003 edition, published by the United Association, Three Park Place, Annapolis, Maryland, 21401, incorporated herein by reference, as amended and supplemented. After completion of the one credit in propane services, sponsors of continuing education courses shall administer a competency evaluation examination that tests a master hearth specialist's understanding of the information provided on propane services.  
(d) A licensed master hearth specialist applying for their first biennial renewal shall not be required to indicate that they completed continuing education requirements.  
(e) A licensed master hearth specialist who completes more than the minimum continuing education credit hours set forth at (b) above in any biennial registration period may carry no more than 11 of the additional credit hours into a succeeding biennial period.  
13:32A-7.9        Continuing education programs  
(a) A licensed master hearth specialist may obtain continuing education credit hours from the following:  
1. Successful completion of continuing education courses or programs related to the practice of hearth professional work approved by, or offered by providers approved by, the National Fireplace Institute (NFI), one credit hour for each hour of instruction.  
2. Teaching a new continuing education program related to hearth professional work that is approved pursuant to (a)1 above. As used in this paragraph, "new" means that the licensed master hearth specialist has never taught or developed curriculum for that course or program in any educational setting, one credit hour for each hour taught; and  
3. Successfully passing the National Fireplace Institute (NFI) examination required to obtain certification as a master hearth professional, 21 credit hours.  
(b) The one credit hour course in propane services required pursuant to N.J.A.C. 13:32A-7.8(c) shall be:  
1. Offered by, or offered by providers approved by, the National Fireplace Institute (NFI);  
2. Offered by continuing education sponsors approved by the Board pursuant to N.J.A.C. 13:32A-4.2 or by the Board of Examiners of Master Plumbers pursuant to N.J.A.C. 13:32-6.2; or  
3. Offered by, or offered by providers approved by, the Department of Community Affairs.  
13:32A-7.10      Continuing education audits; records of continuing education  
(a) The Committee shall perform audits on randomly selected licensed master hearth specialists to determine compliance with continuing education requirements.  
(b) A licensed master hearth specialist shall maintain the following documentation for a period of four years after completion of the credit hours and shall submit such documentation to the Committee upon request:  
1. For attendance at programs or courses: a certificate of completion from the sponsor;  
2. For developing curriculum or teaching a course or program: documentation, including a copy of the curriculum, location, date, and time of course, duration of course by hour, and letter from sponsor confirming that the licensed master hearth specialist developed or taught the course or program; and  
3. For successfully passing the National Fireplace Institute (NFI) examination required to obtain certification as a master hearth professional, documentation from the NFI indicating that the licensed master hearth specialist passed the examination.  
13:32A-7.11      Waiver of continuing education requirements  
A licensed master hearth specialist may request a waiver of continuing education requirements pursuant to N.J.A.C. 13:45C-2.3.  
13:32A-7.12      Additional continuing education requirements  
(a) The Committee may direct or order a licensed master hearth specialist to complete continuing education credit hours:  
1. As part of a disciplinary or remedial measure in addition to the required 22 hours of continuing education; or  
[page=1771]   2. To correct a deficiency in the licensed master hearth specialist's continuing education requirements.  
(b) Any continuing education credit hours completed by the licensed master hearth specialist in compliance with an order or directive from the Committee as set forth at (a) above shall not be used to satisfy the minimum continuing education requirements as set forth in this subchapter.  
13:32A-7.13      Identification of licensed master hearth specialist; vehicles, stationery; advertising  
(a) All commercial vehicles used by a licensed master hearth specialist shall be marked on driver's and passenger's sides with the following information:  
1. The name of the hearth professional work business;  
2. The name of the licensed master hearth specialist who owns the business or the name of the bona fide representative for the business, in lettering at least one inch in height;  
3. The words "Master hearth specialist license number" or "Master hearth specialist Lic. #" followed by the license number of the licensed master hearth specialist, in lettering at least one inch in height; and  
4. The municipality from which the licensed master hearth specialist practices or where the licensed master hearth specialist has a principal office, in lettering at least one inch in height.  
(b) All business correspondence, invoices, and stationery shall display:  
1. The name of the licensed master hearth specialist;  
2. The New Jersey business address, including the street name and number; and  
3. The words "Master hearth specialist license number" or "Master hearth specialist Lic. #" followed by the license number of the licensed master hearth specialist.  
(c) All advertising shall include:  
1. The name of the licensed master hearth specialist;  
2. The New Jersey business address, including the street name and number; and  
3. The words "Master hearth specialist license number" or "Master hearth specialist Lic. #" followed by the license number of the licensed master hearth specialist.  
(d) Every licensed master hearth specialist whose name, office address, or license number appears or is mentioned in any advertisement of any kind or character shall be presumed to have caused, permitted, or approved the advertising and shall be personally responsible for its content and character.  
(e) If a licensed master hearth specialist intends to subcontract, in a calendar year, more than one-third of the work that the licensed master hearth specialist contracts to perform, or subcontracted in the previous calendar year more than one-third of the work that the licensed master hearth specialist contracted to perform, all advertising by that licensed master hearth specialist shall state: "A substantial part of the work which we undertake may be subcontracted to independent licensed master hearth specialists."  
13:32A-7.14      Bona fide representative; reporting responsibilities  
(a) A licensed master hearth specialist seeking to act as a bona fide representative shall comply with the following within 30 days of assuming the role of a bona fide representative:  
1. Register with the Committee, providing the name of the hearth professional work business, its address, and, if the hearth professional work business is a corporation, the names of the officers of record;  
2. Provide to the Committee proof that the hearth professional work business has consented to have the bona fide representative act as the agent for service of process within this State. Such proof shall be in writing and on a form provided by the Committee; and  
3. Provide to the Committee the acceptance of liability by the hearth professional work business for any monetary penalty, monies to be paid for restoration to consumers of fees paid for services or for delays suffered by consumers, and costs assessed against the bona fide representative while acting within the scope of his or her employment on behalf of the hearth professional work business. Such acceptance of liability shall be in writing and on a form provided by the Committee.  
(b) If a bona fide representative for a hearth professional work business withdraws as the bona fide representative, the hearth professional work business may continue to operate for 60 days without a bona fide representative provided that:  
1. A licensed master hearth specialist supervises all work to be conducted in the same manner as required by a bona fide representative pursuant to N.J.A.C. 13:32A-7.15(a)3;  
2. The bona fide representative and the hearth professional work business notifies the Committee within 10 days of the withdrawal of the bona fide representative; and  
3. The supervising licensed master hearth specialist licensee notifies the Committee within 10 days of being appointed as the supervising licensed master hearth specialist.  
(c) If the bona fide representative for any hearth professional work business is unable to perform the duties of a bona fide representative because of death, illness, or disability, the hearth professional work business may continue to operate for six months without a bona fide representative provided that:  
1. A licensed master hearth specialist supervises all work to be conducted in the same manner as required by a bona fide representative pursuant to N.J.A.C. 13:32A-7.15(a)3; and  
2. The supervising licensed master hearth specialist and the hearth professional work business notify the Committee within 10 days of the death, illness, or disability of the bona fide representative.  
13:32A-7.15      Bona fide representative responsibilities  
(a) A bona fide representative registered with the Board pursuant to N.J.A.C. 13:32A-7.14 shall:  
1. Give notice to the Committee, in writing, concerning any change in the name or address of the entity within 10 days of the change;  
2. Secure all necessary permits as may be required by State and local law for the performance of hearth professional work to be performed by the hearth professional work business, except when hearth professional work has been subcontracted to another licensed master hearth specialist pursuant to (c) below;  
3. Supervise the performance of all hearth professional work performed by the hearth professional work business, as follows:  
i. If the employee performing the work is a licensed master hearth specialist, 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 employee performing the work has two or more years of supervised experience in hearth professional work, the bona fide representative or a licensed master hearth specialist employee of the hearth professional work business shall maintain daily contact with the employee either directly or through electronic communication and, where the work requires a permit, shall inspect the work upon completion. Any such contact shall be recorded by the bona fide representative or the licensed master hearth specialist employee of the hearth professional work business; and  
iii. If the employee performing the work has less than two years of supervised experience in hearth professional work, the bona fide representative shall ensure constant on-site supervision by a licensed master hearth specialist, during all times that hearth professional work services are being performed;  
4. Be responsible for any and all violations at N.J.S.A. 45:16A-29 et seq., or Committee rules committed by employees of the hearth professional work business if said violations were committed during the course of work, which the bona fide representative was required to supervise;  
5. Serve as a bona fide representative for only one hearth professional work business; and  
6. Maintain a place of business in the State of New Jersey or designate, and notify the Committee of the identity of, an agent or entity in New Jersey for service of process.  
(b) Nothing in this chapter shall preclude the Committee from proceeding against both the bona fide representative for a hearth professional work business or any other licensed master hearth [page=1772]   specialist employed by such a business who can be shown to have violated N.J.S.A. 45:16A-29 et seq., or Committee rules.  
(c) The bona fide representative of any hearth professional work business that contracts to provide hearth professional work services to a consumer and wishes to subcontract that hearth professional work to another hearth professional work business shall:  
1. Subcontract only to a business whose sole proprietor is a licensed master hearth specialist, or that has a bona fide representative who is registered with the Committee. The bona fide representative for the original licensed master hearth specialist shall be responsible for ensuring that the subcontractor has a registered bona fide representative;  
2. Require of the subcontractor that a copy of any permit applications, permits, and changes in application or permit shall be delivered to the original hearth professional work business within five business days of the date the application or permit is filed;  
3. Notify the consumer, prior to the beginning of any work, that the work has been subcontracted to another hearth professional work business and provide the consumer with the name, address, and telephone number of the subcontractor and the name and license number of the subcontractor's bona fide representative;  
4. Advise the consumer prior to the beginning of any work that the consumer has the right to terminate the contract prior to the beginning of any work because of the subcontracting;  
5. Notify the consumer that the original hearth professional work business, as well as the subcontractor remain liable for any defects, damages, or other losses that may result from the negligence, misconduct, or insolvency of the subcontractor;  
6. Require that the subcontractor immediately notify the original hearth professional work business of any complaints by the consumer or the consumer's representative or by any governmental official; and  
7. Supervise the work of the subcontractor in the same manner as required at (a)3i above.  
(d) The bona fide representative shall have sufficient knowledge of the hearth professional work business' bookkeeping system and financial accounts to inform the Committee, upon request by the Committee, regarding the business' price-setting, billings, costs, subcontractors, overhead costs, and profits.  
13:32A-7.16      Supervision  
(a) Any hearth professional work that a licensed master hearth specialist agrees to perform, that has not been subcontracted to another licensed master hearth specialist, shall be performed only by the licensed master hearth specialist or those employees of the licensed master hearth specialist or the hearth professional work business.  
(b) Remuneration of employees of a hearth professional work business shall be documented in a Form W-2 to the Internal Revenue Service, which shall be made available to the Committee upon request.  
13:32A-7.17      Requirement of identification card  
(a) At the time of the biennial renewal of the license, the Committee shall furnish a wallet-size identification card to every licensed master hearth specialist. The card shall be used exclusively by the licensed master hearth specialist in the conduct of his or her practice. A licensed master hearth specialist is required to present the identification card upon request when applying for hearth professional work permits.  
(b) Use of an identification card by any person other than the licensed master hearth specialist to whom the identification card is issued shall be deemed to be the use or employment of dishonesty, fraud, deception, misrepresentation, or false pretense. Such conduct shall be unlawful and may be grounds for the suspension or revocation of the license of the unauthorized user if that user is already licensed by the Committee. With respect to an unlicensed user, such conduct shall be grounds for the refusal to issue a State license in the future, which does not preclude the Committee from proceeding against unlicensed practice pursuant to any other law or regulation.  
(c) A licensed master hearth specialist who willfully or negligently allows an unlicensed or unauthorized person to use his or her identification card shall be deemed to have engaged in occupational misconduct and shall be subject to such penalties and sanctions as shall be imposed by the Committee pursuant to authority granted by N.J.S.A. 45:16A-29 et seq., and 45:1-14 et seq.  
13:32A-7.18      Change of address; service of process  
(a) Every licensed master hearth specialist shall notify the Committee, in writing, of the specialist's address of record. Every licensed master hearth specialist shall notify the Committee, in writing, of any change the address of record within 10 days after such change.  
(b) Service of an administrative complaint or other process initiated by the Committee, the Attorney General, or the Division of Consumer Affairs at the licensed master hearth specialist's address of record on file with the Committee shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding against the licensed master hearth specialist.  
13:32A-7.19      Unconscionable pricing  
(a) A licensed master hearth specialist shall not charge an unconscionable price for services. A price is unconscionable when, after review of the facts, a licensed master hearth specialist of ordinary prudence would be left with a definite and firm conviction that the price is so high as to be manifestly unconscionable or overreaching under the circumstances.  
(b) Factors that may be considered in determining whether a price is unconscionable include the following:  
1. The time and effort required;  
2. The novelty or difficulty of the job;  
3. The skill required to perform the job properly;  
4. Any special conditions placed upon the performance of the job by the person or entity for which the work is being performed;  
5. The experience, reputation, and ability of the licensed master hearth specialist to perform the services; and  
6. The price customarily charged in the locality for similar services.  
(c) Charging an unconscionable price shall constitute occupational misconduct within the meaning at N.J.S.A. 45:1-21.e and may subject the licensed master hearth specialist to disciplinary action.  
13:32A-7.20      Designations for licensees; prohibitions on unlicensed persons  
(a) An active licensee may use the title "licensed master hearth specialist" or "master hearth specialist."  
(b) No person, firm, partnership, corporation, or other legal entity shall engage in the business of hearth professional work contracting, advertise as a licensed master hearth specialist, or use the title "licensed master hearth specialist" or "master hearth specialist," unless the person is licensed by the Committee or the firm, partnership, corporation, or other legal entity has a bona fide representative who is licensed by the Committee.  
13:32A-7.21      Gas piping  
No person shall install, improve, repair, or maintain gas piping associated with barbecue appliances, hearth product appliances, outdoor patio appliances, decorative space heater appliances, or hearth professional work unless licensed by the Committee or licensed to practice in New Jersey with a scope of practice that includes the installation, repair, or maintenance of gas piping.