51 N.J.R. 1333(a)

VOLUME 51, ISSUE 16, AUGUST 19, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1333(a)
NJ - New Jersey Register  >  2019  >  AUGUST  >  AUGUST 19, 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 MASTER PLUMBERS

Administrative Code Citation

Proposed Amendment: N.J.A.C. 13:32-1.4
Text

Scope of Practice

Authorized By: State 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 2019-117.

Submit comments by October 18, 2019, to:

   Kerrie Shahan, Acting Executive Director
   Board of Examiners of Master Plumbers
   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. 13:32-1.4(e)4 indicates that unlicensed individuals may install, service, and maintain gas and hydronic piping. N.J.S.A. 45:16A-2 establishes that the installation, servicing, connecting, maintenance, or repair of natural or manufactured gas piping on the load side of a meter and the testing and balancing of hydronic systems are the practice of heating, ventilating, air conditioning, and refrigeration (HVACR). In order to perform this work, a person must be licensed as a master HVACR contractor or be licensed by another State entity with a scope of practice that includes working on gas piping and hydronic systems. N.J.A.C. 13:32-1.4(j) recognizes that licensed master plumbers are permitted to install, maintain, and repair natural or manufactured gas piping and test and balance hydronic systems as part of their professional scope of practice. As N.J.S.A. 45:16A-2 establishes that unlicensed individuals cannot install, service, or maintain gas piping or test or balance hydronic systems, and N.J.A.C. 13:32-1.4(j) establishes that licensed master plumbers may work on gas piping and hydronic systems, the Board of Examiners of Master Plumbers (Board) proposes to amend N.J.A.C. 13:1.4(e), so that it does not inadvertently authorize unlicensed individuals to install, service, or maintain gas or hydronic piping.

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.

[page=1334] Social Impact

The proposed amendment will not have an impact on society.

Economic Impact

The proposed amendment will not have any economic impact.

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 the proposed amendment will have any impact on the agriculture industry of this State.

Regulatory Flexibility Statement

Since licensed master plumbers are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq. The proposed amendment does not impose any compliance, recordkeeping, or reporting requirements, therefore, a regulatory flexibility analysis is not required.

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 it concerns the scope of practice for licensed master plumbers.

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 it concerns the scope of practice for licensed master plumbers.

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 1.    PURPOSE AND SCOPE[,]; BOARD MEETINGS

13:32-1.4    Scope of practice

(a)-(d) (No change.)

(e) For purposes of this section, the following may be performed by both licensed master plumbers and individuals who are not licensed master plumbers:

1.-3. (No change.)

[4. The installation, service, and maintenance of gas and hydronic piping;]

Recodify existing 5.-8. as 4.-7. (No change in text.)

(f)-(j) (No change.)