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NEW JERSEY REGISTER
VOLUME 38, ISSUE 23
ISSUE DATE: DECEMBER 4, 2006
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
New Jersey Board Of Examiners Of Master Plumbers

Proposed Amendments: N.J.A.C. 13:32-4.1 and 5.1
Requirement of Pressure Seal; Penalties for Misuse; Return of Pressure Seal; Fee Schedule

Authorized By: the New Jersey Board of Examiners of Master Plumbers, Barbara Cook, 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 2006-392.

Submit written comments by February 2, 2007 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

N.J.A.C. 13:32-4.1 sets forth the procedures for the issuance of a pressure seal and a replacement pressure seal to licensed master plumbers. The Board proposes to amend this rule to clarify that the Board does not create the pressure seal or issue it to licensed master plumbers. The amended rule recognizes that a vendor issues the pressure seal to licensed master plumbers once the Board authorizes it to do so. The Board proposes to amend N.J.A.C. 13:32-5.1 to include a $ 25.00 fee for the issuance of the initial pressure seal. The rule is proposed for amendment to recognize that a pressure seal is the property of the Board, not the licensed master plumber. The Board also proposes to lower the replacement pressure seal fee from $ 40.00 to $ 25.00 to reflect the fee charged by the vendor for replacement pressure seals.

As the Board has 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, by clarifying the process by which pressure seals are issued, the proposal will ensure that only licensed master plumbers are issued pressure seals.

Economic Impact

The Board believes that the proposed amendments will have an economic impact on licensees who seek to obtain an initial or a replacement pressure seal. The amendments introduce a fee of $ 25.00 for an initial  pressure seal and lowers the fee for a replacement pressure seal from $ 40.00 to $ 25.00.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal standards or requirements applicable to the subject matter of the proposed amendments.

Jobs Impact

The Board believes that the proposed amendments will not increase or decrease jobs in New Jersey.

Agriculture Industry Impact

The Board does not believe that the proposed amendments will have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

Since the individuals who are issued pressure seals are individually licensed by the Board, for purposes of the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., licensees may be considered "small businesses" for the purposes of the Act.

The costs imposed by the proposed amendments are the same for all licensed master plumbers as discussed above in the Economic Impact. The Board does not believe that licensed master plumbers will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no reporting or recordkeeping requirements, but impose compliance requirements upon licensed master plumbers.

The Board believes that because the proposed amendments further the welfare and safety of the public by clarifying the process by which pressure seals are issued to the proper individuals, the provisions must be applied uniformly to all licensees regardless of the size of the business.

Smart Growth Impact

The Board does not anticipate that the proposed amendments 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.

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

13:32-4.1   Requirement of pressure seal; penalties for misuse; return of pressure seal

(a) At the time of the issuance of the license to a licensed master plumber, the Board shall [furnish a seal to the licensed master plumber.] authorize the vendor that issues pressure seals to furnish a pressure seal to the licensed master plumber. After the Board has informed an applicant that he or she has passed the licensing examination, the applicant shall submit to the Board the initial pressure seal fee pursuant to N.J.A.C. 13:32-5.1. The pressure seal shall remain the property of the Board and shall be returned to the Board as provided in (e) below.

(b)-(e) (No change.)

(f) A licensed master plumber who no longer possesses a pressure seal due to theft, loss or other cause, shall replace the seal by submitting to the Board[:

1. A] a notarized letter[,] detailing why the licensed master plumber no longer possesses the pressure seal[; and].

[2.] The licensed master plumber shall submit to the Board the replacement pressure seal fee pursuant to N.J.A.C. 13:32-5.1. The replacement pressure seal shall remain the property of the Board and shall be returned to the Board as provided in (e) above.

13:32-5.1   Fee schedule

(a) The following fees shall be charged by the Board:

1.-9. (No change.)

10. Initial pressure seal........................................................ 25.00

[10.] 11. Replacement pressure seal [press]................ [40.00]25.00

Recodify existing 11.-14. as 12.-15. (No change in text.)




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