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

Scope of Practice
 
Authorized By: State Board of Examiners of Master Plumbers, Lawrence DeMarzo, Deputy Director, Division of Consumer Affairs.
 
Authority: N.J.S.A. 45:14C-7.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2009-264.
 
Submit written comments by November 7, 2009 to:
   Lawrence DeMarzo, Deputy Director
   New Jersey Board of Examiners of Master Plumbers
   Post Office Box 45008
   124 Halsey Street
   Newark, New Jersey 07101
 
The agency proposal follows:
 
Summary

On September 2, 2008 at 40 N.J.R. 5045(b), the State Board of Examiners of Master Plumbers (Board) readopted its rules with amendments. The Board received a comment on the notice proposed of readoption that recommended several amendments to N.J.A.C. 13:32-1.4, which deals with professional scope of practice. The Board agreed that many of these recommended amendments should be made, but recognized that such amendments would require additional notice and public comment and did not make those changes upon adoption. The Board is proposing to amend N.J.A.C. 13:32-1.4 to make several of the commenter's recommended amendments. These amendments include provisions to implement P.L. 2007, c. 211 ( N.J.S.A. 45:16A-1 et seq), the State Heating, Ventilating, Air Conditioning and Refrigeration Contracting Licensing Law and revisions, which recognize that licensed master plumbers do not need to obtain a license as a master heating, ventilating, air conditioning and refrigeration contractor to work with heating, ventilation, air conditioning and refrigeration systems. The amendments also recognize additional services that may be performed only by licensed master plumbers. The amendments also include citations to laws and rules that govern the provision of services that are performed by individuals who need not be licensed master plumbers.

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. 13:32-1.4 will have a positive impact on licensees and the general public. The amendments clarify tasks that are plumbing work that must be performed by Board licensees versus non-licensees.
 
Economic Impact

The Board does not believe that the proposed amendments to N.J.A.C. 13:32 -1.4 will 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 amendments to N.J.A.C. 13:32-1.4.
 
Jobs Impact

The Board believes that the proposed amendments to N.J.A.C. 13:32 -1.4 will not increase or decrease the number of jobs in New Jersey .
 
Agriculture Industry Impact

The Board does not believe that the proposed amendments to N.J.A.C. 13:32 -1.4 will have any impact on the agriculture industry of this State.
 
[page=3199] Regulatory Flexibility Analysis

Since licensed master plumbers are 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 proposed amendments to N.J.A.C. 13:32-1.4 do not impose any costs on small businesses. The Board does not believe that licensed master plumbers will need to employ any professional services to comply with the amendments. The amendments do not impose any recordkeeping or reporting requirements, but imposes compliance requirements by clarifying the work that may only be performed by licensed master plumbers.

As the compliance requirements contained in the amendments are necessary to clarify the tasks that are within the scope of practice of licensed master plumbers and those tasks that may be performed by individuals who are not licensed as master plumbers, the Board believes that the rules must be uniformly applied to all licensed master plumbers and no exemptions are provided based on the size of a licensed master plumber's business.
 
Smart Growth Impact

The Board does not anticipate that the proposed amendments to N.J.A.C. 13:32-1.4 will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.
 
Housing Affordability Impact

The proposed amendments to N.J.A.C. 13:32-1.4 will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rule would evoke a change in the average costs associated with housing because the proposed amendments concern scope of practice for licensed master plumbers.
 
Smart Growth Development Impact

The proposed amendments to N.J.A.C. 13:32-1.4 will have an insignificant impact on smart growth and there is an extreme unlikelihood that the regulation 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 scope of practice for licensed master plumbers.
 
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)-(b) (No change.)
 
(c) For purposes of this section, the following shall also be considered within the scope of the practice of plumbing and shall only be performed by individuals designated in (b) above:
 
1.-2. (No change.)
 
[3. Installation of the water service and backflow preventer for fire suppression systems and water sprinkler systems;]
 
3. Installation, extension, alteration, repair, maintenance and removal of water service piping or water distribution piping, approved backflow prevention devices and assemblies including fire protection and suppression systems (which also require certification from the Division of Fire Safety in the Department of Community Affairs pursuant to N.J.A.C. 5:74-2.2), irrigation systems, mechanical equipment or any cross connection between the potable water supply and any potential pollutant, contaminant or hazardous substance;
 
4.-5. (No change.)
 
[6. Installation and service of all direct and indirect drain piping associated with mechanical equipment that is connected to a sewer system;
 
7. Installation or disconnection of water filtration or water softening equipment, water heaters, humidifiers, ice making equipment or backflow preventers;
 
8. Installation of water piping on the house side of a well water compression tank; and]
 
6. Installation, extension, alteration, repair, maintenance, testing and removal of all direct and indirect drain piping associated with or connected to mechanical equipment that discharges to a sewer system;
 
7. Installation, extension, alteration, repair, maintenance, testing and removal of water filtration or water softening equipment, water heaters, water storage tanks not regulated under N.J.A.C. 7:9D, humidifiers, dishwashers, ice making equipment, backflow preventers, culinary equipment, food processing or dispensing equipment;
 
8. Installation, extension, alteration, repair, maintenance, testing and removal of water piping on the building side of a well water compression tank regulated under N.J.A.C. 7:9D;
 
9. Installation, extension, alteration, repair, maintenance, testing and removal of storm, sanitary and water piping between buildings or structures on a property[.]; and
 
10. Installation and service of closed loop, non-potable water systems.
 
(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.-2. (No change.)
 
[3. The installation, service, and maintenance of fire suppression systems and lawn sprinkler systems downstream from a back flow prevention device;]
 
3. The installation, service and maintenance of fire suppression systems regulated under N.J.A.C. 5:74, irrigation systems and hydronic and solar systems piping regulated under N.J.S.A. 45:16A-1 et seq., downstream from an approved backflow prevention device or assembly;
 
4.-5. (No change.)
 
6. The installation and service of transmission piping by water or sewer utilities; [and]
 
[7. The installation and service of water lines to mechanical equipment downstream from a back flow prevention device.]
 
7. The installation, maintenance and repair of water piping to mechanical equipment downstream from an approved backflow prevention device or assembly; and
 
8. The testing of backflow prevention devices and assemblies by individuals certified by an entity regulated under N.J.A.C. 7:10-10.8.
 
(f)-(h) (No change.)
 
(i) Pursuant to N.J.S.A. 45:16A-27, a licensed master plumber may, without obtaining a license as a master heating, ventilating, air conditioning and refrigeration contractor, engage in:
 
1. The installation, maintenance and repair of power boiler systems, hot water and steam heating systems, fire tube and water tube boilers, pressure steam and hot water boilers, space heaters, unit heaters and appurtenances utilizing electricity, fossil fuel or solar energy;
 
2. The installation, maintenance and repair of steam, hot water and chilled water pipe, condensate piping, valves, fittings, burners and piping, expansion tanks, pumps and gauges on the load side of a meter;
 
3. The installation, maintenance and repair of thermostatic controls;
 
4. The installation, maintenance and repair of natural or manufactured gas piping;
 
5. The installation, maintenance or connection of pneumatic controls and control piping for the control of air, liquid or gas temperatures, radiators, convectors, cabinet unit heaters, fan coil units, air handlers utilizing hydronic coils, mechanical ventilation for radon mitigation, humidifiers, flues and patented chimneys;
 
6. The installation, maintenance or connection of pneumatic controls and control piping of automatic oil, gas or coal burning equipment, gasoline or diesel oil dispensing equipment and, in replacement cases only, the connection thereof of the wiring from a dedicated electrical service disconnect box of adequate size to accommodate the equipment and controls;
 
7. The testing and balancing of hydronic systems; and
 
[page=3200] 8. The installation, repair, testing or closure of waste oil underground storage tanks.