Rule Proposal

Rule Proposals

Law and Public Safety
Division of Consumer Affairs

State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors

Proposed Amendments: N.J.A.C. 13:32A-1.2, 2.2, and 4.3

Definitions; Experience Requirements; Required Course Topics
 
Authorized By: State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors, Rosemarie Baccile, Acting Executive Director.
 
Authority: N.J.S.A. 45:16A-4, 52:27D-511, and P.L. 2011, c. 43.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2015-043.
 
Submit written comments by July 3, 2015, to:
 
   Rosemarie Baccile, Acting Executive Director
   State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors
   PO Box 45008
   124 Halsey Street
   Newark, NJ 07101

 The agency proposal follows:
 
Summary

P.L. 2007, c. 150, the Propane Gas Customer Protection Act (Act), authorized the Department of Community Affairs (Department) to establish standards for the certification of those engaged in the sale of propane and performing propane services. P.L. 2011, c. 43 amended the Act so that a licensed master Heating, Ventilating, Air Conditioning, and Refrigeration (HVACR) contractor who has completed training and competency testing established by the Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board) may perform propane services. The Board proposes amendments to N.J.A.C. 13:32A-1.2, 2.2, and 4.3 to require every licensed master HVACR contractor to complete training in propane services. The Board will also revise its licensing examination in order to include additional questions regarding propane services, so that newly licensed master HVACR contractors will meet competency testing standards in propane services.

The proposed amendments to N.J.A.C. 13:32A-1.2 revise the definition of "heating, ventilating, air conditioning, and refrigeration" to recognize that the provision of propane services is part of the practice of licensed master HVACR contractors. The amendments also provide a definition for "propane services." This definition is taken from N.J.S.A. 52:27D-510.

The proposed amendments to N.J.A.C. 13:32A-2.2 require that an education that qualifies an applicant to take the licensing examination include education in propane services. This education must include substantially the same information that is covered in either the Plumbing-Heating-Cooling Contractors Association's Fundamentals of LP manual, 2007 edition or the United Association's Gas Installation for UA Journeyworkers and Apprentices manual, 2003 edition, which are incorporated by reference, as amended and supplemented.

The proposed amendments to N.J.A.C. 13:32A-4.3 require sponsors of continuing education programs to provide one hour of continuing education on propane services during the first biennial period after the effective date of the amendment, July 1, 2016 through June 30, 2018. This hour of continuing education must contain substantially the same information as in either the Plumbing-Heating-Cooling Contractors Association's Fundamentals of LP manual or the United Association's Gas Installation for UA Journeyworkers and Apprentices manual. After the completion of the one hour of training in propane services, licensed master HVACR contractors will be required to complete a competency examination administered by the sponsor of the continuing education course.

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 proposed amendments to N.J.A.C. 13:32A-2.2 and 4.3 will ensure that licensed master HVACR contractors are authorized to provide propane services to consumers. Historically, HVACR contractors have provided such services and these amendments will ensure that they may continue to do so. The education and testing requirements in the amendments will ensure that licensed master HVACR contractors have the education necessary to safely and effectively provide propane services.
 
Economic Impact

The proposed amendments to N.J.A.C. 13:32A-2.2 may impose costs on apprenticeship programs and bachelor's degree programs that provide the education that qualifies an applicant to take the licensing examination. These programs will be required to incorporate education in propane services. These costs would likely be passed on to students in the form of higher fees for these programs. The Board believes that the majority, if not all, of these programs are currently providing some education in propane services, so this cost should not be unduly high.
 
Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.
 
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 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. Apprenticeship and bachelor's degree programs and sponsors of continuing education courses may also be considered "small businesses" under the Regulatory Flexibility Act.

The proposed amendments impose the same costs on small businesses as on all businesses, as discussed in the Economic Impact statement above. The Board does not believe that licensed master HVACR contractors or education programs will need to employ any professional services to comply with the proposed amendments. The proposed amendments do not impose any recordkeeping or reporting requirements, but impose compliance requirements on licensed master HVACR contractors, education programs, and continuing education sponsors as discussed in the Summary above.

As the compliance requirements contained in the proposed amendments are necessary to ensure that licensed master HVACR contractors will provide propane services in a safe and effective manner, the Board believes that the rules must be uniformly applied to all licensed master HVACR contractors, education programs, and continuing education sponsors and no exemptions or variations are provided based on the size of a business.
 
Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on affordable 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 education and testing standards for the provision of propane services 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 education and testing standards for the provision of propane services by licensed master HVACR contractors.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    PURPOSE AND SCOPE; DEFINITIONS
 
13:32A-1.2   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.-10. (No change.)
 
. . .
 
"Propane services" means the performing of safety and leak testing of, and the performing of installation, maintenance, repair, [page=884] removal, adjustment, and other services to, propane appliances including, without limitation, ranges, water heaters, heaters, furnaces, containers, and other propane fueled systems, for residential and commercial applications.
 
. . .
 
SUBCHAPTER 2.    APPLICATION FOR LICENSURE
 
13:32A-2.2   Education requirements
 
(a) An applicant for licensure as a master HVACR contractor shall complete one of the following:
 
1. Five years of employment in the HVACR contracting business, which consists of:
 
i. Four or more years in an HVACR apprenticeship or other training program approved by the United States Department of Labor, which includes education in the proper management of chlorofluorocarbons and other refrigerants, including high global warming potential gases, and education in propane services that meets the requirements of (c) below; and
 
ii. (No change.)
 
2. A bachelor's degree in HVACR from a college or university accredited by a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education, which includes education in the proper management of chlorofluorocarbons and other refrigerants, including high global warming potential gases, education in propane services that meets the requirements of (c) below, and one year experience in the practical work of installing, servicing, or maintaining HVACR systems; or
 
3. A bachelor's degree in a field related to HVACR from a college or university accredited by a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education, which includes education in the proper management of chlorofluorocarbons and other refrigerants, including high global warming potential gases, education in propane services that meets the requirements of (c) below, and three years experience in the practical work of installing, servicing, and maintaining HVACR systems.
 
(b) (No change.)
 
(c) Education in propane services required by (a) above shall include 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, MD, 21401, incorporated herein by reference, as amended and supplemented.
 
SUBCHAPTER 4.    CONTINUING EDUCATION
 
13:32A-4.3   Required course topics
 
(a)-(c) (No change.)
 
(d) During the biennial renewal period beginning July 1, 2016, and ending on June 30, 2018, sponsors of continuing education courses shall include one hour of education in propane services, which includes substantially the same information covered in either the Fundamentals of LP manual, 2007 edition or the Gas Installation for UA Journeyworkers and Apprentices manual, 2003 edition.
 
(e) After completion of the education in propane services required by (d) above, sponsors of continuing education courses shall administer a competency evaluation examination, which tests a licensed master HVACR contractor's understanding of the information provided on propane services.