Proposed Amendment: 13:32-1.4
Scope of Practice

Authorized By: 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 2006-391.

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, New Jersey 07101

The agency proposal follows:

Summary

N.J.S.A. 56:8-136 et seq., the Contractors' Registration Act (the Act), requires that home improvement contractors register with the Division of Consumer Affairs (the Division). N.J.S.A. 56:8-140 exempts any person regulated by the State as a master plumber, amongst others, from the requirements of the Act, as long as the master plumber is acting within the scope of practice of the plumbing profession. N.J.A.C. 13:32-1.4 sets forth the scope of practice of a licensed master plumber. N.J.A.C. 13:32-1.4(d) lists specific tasks that are not within the scope of practice of plumbing and may be performed by individuals that are not licensed with the New Jersey Board of Examiners of Master Plumbers (the Board). Questions have arisen regarding whether licensed master plumbers are required to register with the Division as home improvement contractors pursuant to the Act if they seek to perform tasks specified in N.J.A.C. 13:32-1.4(d). The Board proposes to amend N.J.A.C. 13:32-1.4(d) and (f) to clarify that, while the specified tasks in N.J.A.C. 13:32-1.4(d) are not tasks that are limited to licensed master plumbers, these tasks may be performed by a licensed master plumber as part of his or her scope of practice. A licensed master plumber is not required to register with the Division to perform these tasks.

The Board has determined that the comment period for this proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The proposed amendments will benefit licensed master plumbers by clarifying that licensed master plumbers may perform tasks outlined in N.J.A.C. 13:32-1.4(d) without registering as a home improvement contractor with the Division.

Economic Impact

The proposed amendments will have an economic impact on licensed master plumbers in that they will be permitted to perform the tasks set forth in N.J.A.C. 13:32-1.4(d) without incurring the expense of registering as a home improvement contractor.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.

Jobs Impact

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

Agriculture Industry Impact

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

Regulatory Flexibility Statement

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

There are no costs imposed by the proposed amendments, as discussed in the Economic Impact statement above. The proposed amendments do not impose any reporting, recordkeeping or other compliance requirements on small businesses. The proposed amendments clarify the tasks considered within the scope of practice of a licensed master plumber.

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]):

13:32-1.4   Scope of practice

(a)-(c) (No change.)

(d) For purposes of this section, the following [is not within the scope of the practice of plumbing and] may be performed by licensed master plumbers or by individuals who are not licensed master plumbers:

1.-7. (No change.)

(e) (No change.)

(f) A licensed master plumber [who] may perform[s] a task [which is not considered plumbing as outlined] listed in (d) above, [shall perform] as long as he or she performs the task in a manner consistent with professional plumbing standards.

(g) (No change.)