N.J. Admin. Code § 13:32A-1.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:32A-1.1 - Purpose and scope

(a) The rules contained in this chapter provide for the licensing and regulation of master heating, ventilating, air conditioning, and refrigeration contractors, implementing the provisions of the State Heating, Ventilating, Air Conditioning and Refrigeration Contracting License Law ( P.L. 2007, c. 211, N.J.S.A. 45:16A-1 et seq.).

(b) This chapter does not apply to any person who is:

1. Licensed to practice in New Jersey and is practicing within the scope of practice of his or her profession including architects, professional engineers, well drillers and pump installers, electrical contractors, and master plumbers, as long as such person does not identify him- or herself as a licensed Master HVACR contractor;

2. A chimney service professional regulated by the Division of Consumer Affairs as a home improvement contractor acting within the scope of practice of his or her profession as long as such person does not identify him- or herself as a licensed Master HVACR contractor;

3. A single-family home owner who personally occupies his or her own dwelling and who performs work on his or her own dwelling, except that any HVACR work involving chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs) shall be performed only by a licensed Master HVACR contractor;

4. Licensed as a master plumber and is engaged in the installation, maintenance, and repair of:

i. 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;

ii. 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;

iii. Thermostatic controls; or

iv. Natural or manufactured gas piping;

5. Licensed as a master plumber and is engaged in the installation, maintenance, or connection of:

i. Pneumatic and/or direct digital 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; or

ii. Pneumatic and/or direct digital controls and control piping of automatic oil, gas, or coal burning equipment, gasoline or diesel oil dispensing equipment, and, in replacement cases only, connecting to them the wiring from a dedicated electrical service disconnect box of adequate size to accommodate the equipment and controls, and the testing and balancing of hydronic systems;

6. Licensed as a master plumber and is engaged in the installation, repair, testing, or closure of waste oil underground storage tanks;

7. Licensed as an electrical contractor and is engaged in the installation of:

i. Electrical resistance heating equipment and ventilation equipment with an exhaust duct not exceeding 60 square inches in area; or

ii. In commercial applications the connection sleeve between a roof-top mounted exhaust fan and its central connecting register, provided that this connection sleeve is not more than 15 inches in length or the length necessary to penetrate a roof or other similar openings;

8. Licensed as an electrical contractor and is engaged in the maintenance and repair of the electrical sections of any equipment used for heating, ventilating, air conditioning, or refrigeration; or

9. Licensed as an electrical contractor and is engaged in the installation, maintenance, and repair of natural or manufactured gas piping while installing or repairing electric generators, provided he or she has completed two hours of continuing education in the installation of gas piping relevant to installing or repairing electric generators, of which one hour is in natural gas piping and one hour is in manufactured gas piping.

(c) This chapter shall not apply to:

1. Any public utility company regulated by the Board of Public Utilities or any related competitive business segment of that public utility that offers competitive services pursuant to the Electric Discount and Energy Competition Act, P.L. 1999, c. 21 (N.J.S.A. 48:3-49 et seq.);

2. A related competitive business segment of a public utility holding company that offers to provide or provides competitive services pursuant to the Electric Discount and Energy Competition Act, P.L. 1999, c. 23 (N.J.S.A. 48:3-49 et seq.); or

3. HVACR work performed on buildings, structures, or premises owned or operated by a public utility holding company or its subsidiaries.

(d) This chapter shall not apply to any liquefied petroleum gas marketer licensed by the Department of Community Affairs.

(e) This chapter shall not apply to a person who performs service, repair, or maintenance work necessary for the continued normal performance of heating, ventilating, air conditioning, and refrigeration systems as part of his or her employment for an entity that owns or operates:

1. A general hospital licensed pursuant to P.L. 1971, c. 136 (26:2H-1et seq.);

2. A building that contains a steam boiler, pressure vessel, or refrigeration plant, which is subject to test and inspection pursuant to 34:7-14; or

3. A casino-hotel facility operated under the provisions of the "Casino Control Act," P.L. 1977, c. 110 (5:12-1et seq.), which shall include any building containing heating, ventilating, air conditioning, and refrigeration systems operated by one or more casino-hotel facilities as part of an agreement or arrangement to share systems.

(f) This chapter shall not apply to a person who performs service, repair, or maintenance work necessary for the continued normal performance of heating, ventilating, air conditioning, and refrigeration systems if:

1. That person has completed an education that complies with the requirements of 13:32A-2.2;

2. That person is an employee of the owner or lessee of the property at which the services, repairs, or maintenance work is being performed, who was hired to work on an ongoing and continuous basis, and whose remuneration is reported on a Form W-2 to the Internal Revenue Service; and

3. That person and his or her employer do not engage in or offer HVACR contracting to the public.

N.J. Admin. Code § 13:32A-1.1

Amended by R.2015 d.069, effective 5/4/2015.
See: 46 N.J.R. 2079(a), 47 N.J.R. 902(a).
Added (e) and (f).
Petition for Rulemaking.
See: 48 N.J.R. 2401(b), 2401(c).
Amended by R.2022 d.001, effective 1/3/2022.
See: 51 N.J.R. 910(a), 54 N.J.R. 85(a).
Rewrote (c).

Amended by 54 N.J.R. 1085(a), effective 6/6/2022