State of New Jersey
Department of Law and Public Safety
Division of Consumer Affairs


New Jersey Register
Volume 33, Number 22
Monday, December 3, 2001
Rule Proposal

Law And Public Safety
Division Of Consumer Affairs
State Board Of Master Plumbers
Experience Requirements


Proposed Repeal and New Rule: N.J.A.C. 13:32-2.2

Authorized By: State Board of Master Plumbers, Barbara Cook, Executive Director.

Authority: N.J.S.A. 45:14C-7 and 45:14C-15.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2001-455.

Submit written comments by February 1, 2002 to:

Barbara Cook, Executive Director
New Jersey Board of Examiners of Master Plumbers
PO Box 45008
124 Halsey Street
Newark, NJ 07101

The agency proposal follows:

Summary

Pursuant to its rulemaking authority set forth in N.J.S.A. 45:14C-7 and 45:14C-15, the State Board of Master Plumbers (the Board) proposes to repeal N.J.A.C. 13:32-2.2 and proposes a new rule in its place which sets forth the Board's experience requirements for licensure as a master plumber.

The existing N.J.A.C. 13:32-2.2 is proposed for repeal. P.L. 1998, c.96 and P.L. 2001, c.37 (N.J.S.A. 45:14C-15) revised the experience requirements for an applicant for licensure as a master plumber. New rule N.J.A.C. 13:32-2.2 is proposed in response to the amendatory legislation.

Proposed N.J.A.C. 13:32-2.2(a) defines practical hands-on experience.

Proposed N.J.A.C. 13:32-2.2(b) requires that an applicant for the examination for licensure as a master plumber submit to the Board proof that he or she has either completed a four year apprenticeship program approved by the United States Department of Labor and a Federally certified state agency or earned a bachelor's degree in mechanical, plumbing or sanitary engineering. The subsection also requires that applicants complete one year of practical hands- on experience as a journeyman plumber.

Proposed N.J.A.C. 13:32-2.2(c) states that an applicant for licensure who, prior to November 1, 2002, performed plumbing for four years under the supervision of a licensee can take the licensing examination if the applicant has completed an additional year of practical hands-on experience as a journeyman plumber.

Proposed N.J.A.C. 13:32-2.2(d) states that an applicant for licensure who, prior to November 1, 2002, has three years of practical hands-on experience can take the licensing examination if the applicant completes a one year course in an apprenticeship program and one year of practical hands-on experience as a journeyman plumber. The one year course must provide instruction in the plumbing subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.15, and the plumbing component of the Occupational Safety and Health Act, N.J.S.A. 34:6A-25 et seq.

Proposed N.J.A.C. 13:32-2.2(e) states that an applicant for licensure who, prior to November 1, 2002, has two years of practical hands-on experience under the supervision of a licensee can take the licensing examination if the applicant has completed the first two years of an apprenticeship program and has completed one additional year of practical hands-on experience as a journeyman plumber.

Proposed N.J.A.C. 13:32-2.2(f) states that an applicant for licensure who, prior to November 1, 2002, has one year of practical hands-on experience under the supervision of a licensee can take the licensing examination if the applicant has completed the first three years of an apprenticeship program and has completed one additional year of practical hands-on experience as a journeyman plumber.

Subsection (g) states that subsections (c) through (f) will expire on November 1, 2002.

As the Boardhas 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 Board believes that the proposed repeal and new rule will have a beneficial impact on consumers who require plumbing services. Proposed N.J.A.C. 13:32-2.2(b) changes the standards for licensure by requiring that applicants complete a four year apprenticeship program. This ensures that applicants for licensure will have the proper training and experience to effectively and safely practice as master plumbers. Proposed N.J.A.C. 13:32- 2.2(c), (d), (e) and (f) pertain to those applicants who trained to be master plumbers prior to November 1, 2002. These provisions allow applicants who have been training for licensure according to the current rule to continue to qualify for licensure under the proposed rule.

Economic Impact

Although the proposed repeal and new rule does not directly impose any costs on applicants, the new rule requires the completion of an apprenticeship program prior to taking the plumbing examination, and thus will indirectly impose costs on applicants for licensure. Such applicants will have to complete a four year apprenticeship program. Individuals who enroll in an apprenticeship program will have to pay tuition to the school that teaches them.

Federal Standards Statement

A Federal standards analysis is not required because the proposed repeal and new rule do not involve any Federal standards or requirements; the new rule does require, however, that an apprenticeship program must be approved by the United States Department of Labor and a Federally certified state agency.

Jobs Impact

The proposed repeal and new rule may impact jobs in the State because the new rule sets forth who will qualify for licensure as a master plumber, thus affecting eligibility for employment as a master plumber. On the other hand, the new rule may increase jobs in the State because the need for apprenticeship programs to accommodate plumbing apprentices may require the hiring of persons to teach in plumbing apprenticeship programs.

Agriculture Industry Impact

The Board does not believe that the proposed repeal and new rule will have any impact on the agriculture industry of this State.

Regulatory Flexibility Statement

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the new rule will apply. A regulatory flexibility analysis is not required because the new rule only applies to applicants for licensure who cannot be considered "small businesses" because they do not yet have a license to practice plumbing.

Full text of the proposal follows :

<< NJ ADC 13:32-2.2 >>

13:32-2.2 Experience requirements

<<-(a) An applicant for a license as a master plumber shall present proof satisfactory to the Board that the applicant has obtained the requisite experience in the following manner:->>

<<-1. Has completed a four year apprenticeship program approved by both a Federal agency and a Federally certified state agency recognized by the Board and one additional year, either as an apprentice or journeyman plumber, such that the applicant has been engaged as a journeyman plumber for at least three years. The applicant may fulfill one or more years of the apprenticeship program while engaged as a journeyman plumber;->>

<<-2. Has otherwise been engaged or employed in the plumbing industry for a period of five years immediately preceding the date of the application, with three of the five years having been spent while engaged or employed as a journeyman plumber. This experience shall be practical "hands-on" experience working with tools in the installation, maintenance, extension, alteration, repair and removal of all piping, plumbing fixtures, plumbing appliances and plumbing apparatus as defined in N.J.S.A. 45:14C-2(g). Practical hands-on experience shall not include:->>

<<-i. Time spent in supervising, engineering, estimating and other managerial tasks; or->>

<<-ii. Time spent on menial tasks or on tasks which do not constitute the practice of plumbing, such as sewer cleaning, notwithstanding that such tasks are performed while working with an entity authorized to perform plumbing; or->>

<<-3. Has been awarded a bachelor's degree in mechanical, plumbing or sanitary engineering from an accredited college or university in the United States which degree from a particular college or university the Board finds acceptable, and in addition has been engaged or employed in the practical work of installing plumbing systems for one year as an apprentice or journeyman plumber. Such practical work shall be practical, hands-on experience as defined in (a)2 above.->>

<<-(b) For the person making application during the period from January 6, 1997 through January 6, 2000, has accumulated, during the period from January 1, 1997 through January 6, 2000, a combination of experience, such that, with respect to the apprenticeship program provided for in (a)1 above, the applicant making application on or after September 30, 1997, may substitute one year of an apprenticeship program for the requirement set forth in (a)2 above; the applicant making application on or after September 30, 1998, may substitute two years of an apprenticeship program; and the applicant making application on or after September 30, 1999, may substitute three years of an apprenticeship program.->>

<<+(a) For purposes of this section, "practical hands-on experience" means experience in the installation, maintenance, extension, alteration, repair and removal of piping, plumbing fixtures, plumbing appliances and plumbing apparatus as defined in N.J.S.A. 45:14C-2(g). Practical hands-on experience does not include time spent in performing managerial tasks such as supervising, engineering, estimating, or time spent performing tasks which do not constitute the practice of plumbing as defined in N.J.A.C. 13:32-1.3.+>>

<<+(b) Applicants for examination for a license as a master plumber shall present proof to the Board that he or she:+>>

<<+1. Has completed a four year apprenticeship program approved by both the United States Department of Labor and a Federally certified state agency, and has completed one year of practical hands-on experience as a journeyman plumber; or+>>

<<+2. Has been awarded a bachelor's degree in mechanical, plumbing or sanitary engineering from a college or university accredited by a regional accreditation agency recognized by the Council on Post Secondary Accreditation or the United States Department of Education, and has completed one year of practical hands-on experience as a journeyman plumber.+>>

<<+(c) An applicant for licensure who has, prior to November 1, 2002, performed plumbing for four years under the supervision of a licensee shall be eligible to take the licensing examination if the applicant has completed one additional year of practical hands-on experience as a journeyman plumber.+>>

<<+(d) An applicant for licensure who has, prior to November 1, 2002, three years of practical hands-on experience under the supervision of a licensee shall be eligible to take the licensing examination if the applicant has completed a one year course concerning the plumbing subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.15 and the plumbing component of the Occupational Safety and Health Act (OSHA), N.J.S.A. 34:6A-25 et seq., in a four year apprenticeship program approved by both the United States Department of Labor and a Federally certified state agency, and has completed one additional year of practical hands-on experience as a journeyman plumber.+>>

<<+(e) An applicant for licensure who has, prior to November 1, 2002, two years of practical hands-on experience under the supervision of a licensee shall be eligible to take the licensing examination if the applicant has completed the first two years of a four year apprenticeship program approved by both the United States Department of Labor and a Federally certified state agency and has completed one additional year of practical hands-on experience as a journeyman plumber.+>>

<<+(f) An applicant for licensure who has, prior to November 1, 2002, one year of practical hands-on experience under the supervision of a licensee shall be eligible to take the licensing examination if the applicant has completed the first three years of a four year apprenticeship program approved by both the United States Department of Labor and a Federally certified state agency and has completed one additional year of practical hands-on experience as a journeyman plumber.+>>

<<+(g) Subsections (c) through (f) above shall expire on November 1, 2002.+>>


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Posted December 3, 2001