51 N.J.R. 909(a)

VOLUME 51, ISSUE 12, JUNE 17, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 909(a)
NJ - New Jersey Register  >  2019  >  JUNE  >  JUNE 17, 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 > BOARD OF EXAMINERS OF MASTER PLUMBERS

Administrative Code Citation

Proposed Amendments: N.J.A.C. 13:32-6.2 and 6.4
Text

Experience Requirements; Required Course Topics

Authorized By: New Jersey Board of Examiners of Master Plumbers, Kerrie Shahan, Acting Executive Director.
Authority: N.J.S.A. 45:14C-7.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2019-095.

Submit written comments by August 16, 2019, to:

   Kerrie Shahan, Acting Executive Director
   New Jersey Board of Examiners of Master Plumbers
   PO Box 45008
   124 Halsey Street
   Newark, New Jersey 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.

The agency proposal follows:

Summary

N.J.A.C. 13:32-6.2 requires continuing education sponsors to submit attendance logs to the Board of Examiners of Master Plumbers (Board). The Board has determined that it does not need to review attendance logs for every continuing education course provided in the State and proposes to amend N.J.A.C. 13:32-6.2, so that sponsors will no longer be required to submit logs. The proposed amendments require program sponsors to maintain attendance logs for four years from the date a course is provided and to submit logs to the Board upon request.

Licensees are required to complete five credits of continuing education every biennial renewal period. The Board proposes to amend N.J.A.C. 13:32-6.4, so that licensees who complete the continuing education required for renewal of a master Heating, Ventilating, Air Conditioning, and Refrigeration (HVACR) contractor license will earn four credits of continuing education. A licensee who earns four credits through completion of master HVACR continuing education requirements would be required to complete one credit of continuing education in the statutes and rules governing the practice of a master plumber.
The Board has determined that the comment period for this notice of proposal will be 60 days; 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 believes that the rulemaking will benefit licensees who are also licensed as master HVACR contractors. Such licensees will be able to earn credits by completing master HVACR contractor continuing education requirements.
Economic Impact

The rulemaking will have a beneficial impact on continuing education sponsors in that they will no longer bear the cost of submitting attendance logs to the Board. Licensees who are also licensed as master HVACR contractors will benefit in that they will be able to earn credits by completing master HVACR contractor continuing education requirements and will not have to pay for as many continuing education courses to satisfy Board requirements.
Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the rulemaking.

Jobs Impact

The Board believes that the proposed amendments will not 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 Analysis

Since licensed master plumbers and continuing education sponsors 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 do not impose any costs on small businesses. The Board does not believe that licensed master plumbers or continuing education sponsors will need to employ any professional services to comply with the proposed amendments. The proposed amendments do not impose any reporting requirements, but imposes compliance and recordkeeping requirements on licensees and continuing education sponsors as discussed in the Summary above.

As the compliance and recordkeeping requirements contained in the proposed amendments help to ensure that licensees are completing continuing education that is relevant to safe and effective practice and that continuing education sponsors are accurately recording attendance at continuing education courses, the Board believes that the proposed rules must be uniformly applied to all licensees and continuing education sponsors and no exemptions are provided based on the size of a business.

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 [page=910] average costs associated with housing because the proposed amendments concern continuing education requirements for licensees and requirements for sponsors of continuing education courses.

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 continuing education requirements for licensees and requirements for sponsors of continuing education courses.

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.

Regulations

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 6.   CONTINUING EDUCATION

13:32-6.2   Continuing education sponsors; Board approval; duties

(a)-(c) (No change.)

(d) The sponsor of a continuing education course shall monitor the attendance at each approved course and maintain an attendance log [which] that lists the name and license number of every licensee who attends a course. The program sponsor shall [submit] maintain the attendance log [to the Board upon completion of the course] for four years from the date of the course and shall submit the log to the Board upon request. The log shall document that each licensee has completed the sponsor's course.

(e)-(g) (No change.)

13:32-6.4   Credit awarded

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

(c) A licensee who has completed the continuing education requirements for renewal of a license as a master HVACR contractor shall have earned four credits of continuing education. Such a licensee shall be required to complete one credit of continuing education in the statutes and rules governing the practice of a master plumber required by N.J.A.C. 13:32-6.3.