New Jersey Extends Date To Regulate HVACR Contractors

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New Jersey’s State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration (HVACR) Contractors (Board) has extended the operative date of its regulations, N.J.A.C. 13:32A, implementing the “State Heating, Ventilating, Air Conditioning, and Refrigeration Contracting License Law”, N.J.S.A. 45:16A-1 et seq. (Act), to March 1, 2014. The Board will not accept applications or regulate the practice of HVACR contractors until then. Due to this change, the Board has confirmed that it will be accepting applications for current practitioners (“grandfathering” applications) until September 1, 2014.

On March 1, 2014, the Board will begin accepting applications for licensure. Its regulations prescribe the application procedure. Section 45:16A-26 of the Act also authorizes the Board to issue a Master HVACR license for 6 months following the effective date of the Act without examination to (a) any licensed master plumber who has been engaged in the HVACR business for at least 2 years prior to the date of his/her application for a Master HVACR license or (b) any person who has been engaged as a HVACR contractor for at least 2 years prior to his/her date of application for a Master HVACR license (collectively a “grandfathering” application”). An individual who does not submit a grandfathering application by September 1, 2014, or who does not qualify for grandfathering, will be required to apply through the Board’s regular licensing process and show that he/she has completed the requisite education and must pass the Board’s licensing examination.

Also note that New Jersey Assembly Bill 2456, introduced on February 6, 2014, proposes to exempt from the Act’s licensing requirement a person who performs service, repair or maintenance work necessary for the continued normal performance of HVACR systems if that person is working for an employer as an employee and that work is being performed in any of the following locations that are owned or operated by the employer: (1) a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); (2) a building that contains a steam boiler, pressure vessel or refrigeration plant, which is subject to test and inspection pursuant to R.S.34:7-1 et seq.; and (3) a casino-hotel facility operated under the provisions of the “Casino Control Act,” P.L.1977, c.110 (C.5:12-1 et seq.), which includes any building containing HVACR systems operated by one or more casino-hotel facilities as part of an agreement or arrangement to share systems. The Act would also clarify the definition of heating, ventilating, air conditioning, and refrigeration.

Additional Resources: N.J. Volume 45, Issue 20 (Oct. 21, 2013); N.J. Volume 45, Issue 13 (Jul. 1, 2013); N.J. Volume 45, Issue 10 (May 20, 2013); N.J. Volume 45, Issue 8 (Apr. 15, 2013); N.J. A.B. 2456