STATE BOARD OF HEATING, VENTILATION, AIR-CONDITIONING AND REFRIGERATION CONTRACTORS
BUSINESS MEETING MINUTES
DATE:February 9, 2005
TIME: 9:30 a.m.
PLACE:500 N. Calvert Street
3rd Floor Conference Room
Baltimore, Maryland 21202
PRESENT:Michael McPherson, Chairman
Michael Maholchic
Thomas P. Hayes
George V. Landing
ABSENT:Timothy Craig
Matthew M. Warner
George W. Aitken
STAFF PARTICIPATING:Jack Lesho, Executive Director
Sloane Fried Kinstler, Assistant Attorney General
Patricia McCray, Administrative Aide
CALL TO ORDER
Chairman, Michael McPherson,called the business meeting of the State Board of Heating, Ventilation, Air-conditioning and Refrigeration (“HVACR”) Contractors to order at 9:30 a.m.
APPROVAL OF MINUTES
The members of the Board reviewed the minutes of the December 8, 2004 meeting. MOTION I was made by Mr. Landing, seconded by Mr. Maholchic and unanimously carried to accept the minutes as presented.
COMPLAINT COMMITTEE REPORT
Complaint Committee submitted an oral report for FY 2005. A completed printed report and the total number of complaints was not available for review. The verbal report given is as follows and may be amended: TheComplaint committee reviewed80 complaints, and recommended closing 24. These are the total complaints reviewed this reporting period, January 13, 2005through February 9, 2005.
MOTION II was made by Mr. Maholchic, seconded by Mr. Landingand unanimously carried to accept the complaint report.
INFORMAL CONFERENCE
An applicant whose application was reviewed during the November 2004 Board meeting appeared before the Board after receiving written notification in error approving him to sit for the master license examination instead of the journey license examination. The application was reviewed again during the Board’sDecember 2004 meeting whentheapplicant was requested to provide additional documentation. The applicant stated that he has been providing HVACR services without a license for 23 years. During the reading of his request to be approved to sit for the master license examination, the applicant noted that he had brought with him for Board review additional letters of reference. The applicant has not held the journey license for 3 years of active experience under the direction and control of a master or master restricted heating, ventilation, air-conditioning, and refrigeration licensee.
The Board will take the applicant's request under advisement.
An applicant whose application to sit for the journey license examination was reviewed and denied during the January 2005 Board meeting appeared before the Board. The applicant was denied because he has not held an apprentice license for the required three years, and could not document to the Board’s satisfaction his experience in the trade. The applicant appeared before the Board requesting re-evaluation of his application and approval to take the journey license examination. The applicant provided for Board review pay stubs and states that failure to apply for the license was to no fault of his own.
An applicant whose journey license was suspended for “working outside the scope of his license” appeared before the Board to request that he renew his license. The licensee signed off on a certification for the existing furnace. The contractor certified that the furnace functioned correctly. The applicant’s license expired February 8, 2004 and was not current at the time the certification was signed. The applicant states that he was asked to do the inspection and certification by a friend of his. The applicant states that he had never personally been to the house or saw the furnace, but that he signed off on the inspection and certification. The applicant states that he understands that he should not have signed off on the inspection, apologizes to the Board for having done so, and requests that his license be renewed. He has been licensed as a journey since 1999, is currently unemployed and needs his license in order to obtain employment. During the January 2005 Board meeting Executive Director, Jack Lesho, asked the Board to clarify for himwho can provide a certification sign off ona furnace inspection. Mr. Lesho asked the Board if a real estate company sent a journey level licensee to certify a furnace inspection should the person should hold a HVACR who does the inspection. If the real estate company sends out a technician to do the inspection, the technician checks out the system, prepares a handwritten report and presents a bill to the real estate company, which is presented at settlement verifying the furnace was inspected. If the homeowner accepts that report from the realtor without having anything in writing certifying that it has been inspected properly by a licensed contractor that it has passed inspection. The Board’s consensus is that it would be proper for a journey or journey restricted heating licensee to perform a furnace inspection as long as the licensee was under the supervision of a licensed HVACR Master or appropriately licensed Master Restricted contractor.
The Board will take the applicant’s request under advisement.
OLD BUSINESS
Previously, at an earlier Board meeting, Thomas Hayes suggested that the draft notification to all jurisdictions that licensing is required in the State of Maryland for those providing HVACR services. noticebe modified to include plumbing and distributed again to the various supply houses to insure that all licensed and non-licensed individuals are aware of the requirement. This topic was tabled and revisited when Board member, Mr. Hayes, could be present. Board member, Thomas Hayes, stated that he still needs to getthe draft notification to the Board for review and then distribute it to supply houses informing those who regarding notification of HVACR licensing requirement to the HVACR providers in the State of Maryland. Executive Director, Jack Lesho, took the draft noticeto the Plumbing Board which stated that the notice is fine as long as there is language that included reference to all applicable laws for Plumbing Board.
Approved Apprenticeship Program
Board member, Thomas Hayes, raised a concern about persons who have failed to obtain a license within the allotted time after completion of an approved apprenticeship program, where no examination is required. Mr. Hayes believes that there is some confusion in that those individuals who have not applied within the allotted time are required to sit for the examination. Those who are members of Local 486 who have completed the program six or eight years ago, and who do not hold an apprentice license are requesting to be allowed to sit for the examination without holding an apprentice license.
NEW BUSINESS
Reciprocity Licensing with District of Columbia
During the November 2004 Board meeting Assistant Deputy Commissioner, Joseph Sliwka,suggested that the Board consult with Counsel for the Board, Sloane Fried Kinstler, regarding pursuit of a reciprocal agreement with the District of Columbia. The District has not approached Maryland with this issue and previous efforts to contact the D.C. regulatory authority had been unsuccessful. The District is currently receiving several Maryland licensees applying for licensure in D.C. through a waiver provision with letters of verification from the Maryland Board of HVACR Contractors. There is not a formal reciprocity agreement between the District and the State of Maryland at this time.
During the January 2005 Board meeting, a representative of United Product and member of ACCA (“Air Conditioning Contractors of America”), Pete Coakley, informed the Board of the upcoming District of Columbia Industrial Trades Board meeting scheduled for Tuesday, January 18, 2005. Staff was asked to contact the D.C. Licensing Board and request that Board members be included on the agenda and to provide Mr. Maholchic and Mr. Aitken information on the location and time that the meeting will be held.
Executive Director, Jack Lesho, received a voice mail message from Board member Mr. Aitken who did attend the District of Columbia Industrial Trades Board January meeting. Mr. Aitken stated that
there wasn’t much said about reciprocity with Maryland, but there was discussion regarding the D.C. Board using the 2000 Code and not the 2003 Code. Chairman, Michael McPherson, states that if the District had interest in entering into a reciprocity agreement with Maryland, then maybe Maryland should wait until the District approaches the Maryland Board.
CORRESPONDENCE
Communication Cabling
Executive Director, Jack Lesho, attended a Mechanical Inspector’s meetingin HowardCounty. Their concern was whether mechanical inspectors could do inspections on cabling, and what would mechanical inspectors be required to look for in doing the inspection because they may not be familiar with HVACR cabling. They informed Mr. Lesho that previously, the inspection for all HVACR cabling was done by their electrical inspectors. Counsel advised that the Board has in its regulations, COMAR 09.15.02.11A,a provision discussing the responsibility of licensees, which precludes a licensee from providing HVACR services unless the licensee is qualified by training, education and experience to provide such services. There is an annual requirement for training of inspectors. The next inspector training seminar will scheduled for sometime in November 2005. Board member, Michael Maholchic, has volunteered to conduct the training on communication cabling at the next seminar once it is scheduled for the mechanical inspectors.
COUNSEL'S REPORT
None.
EXECUTIVE SESSION
Motion III was made by Mr. Thomas Hayes, seconded by Mr. Michael Maholchicand unanimously carried that the State Board of Heating, Ventilation, Air-conditioning and Refrigeration Contractors go into Executive Session, at 10:30 a.m., 500 N. Calvert Street, 3rd Floor Conference Room, Baltimore, Maryland21202. The meeting is permitted to be closed pursuant to StateGovernment Article, Annotated Code of Maryland, § 10-508 (a)(7). The purpose of the meeting was to consult with counsel to review and discuss confidential materials pertaining to applicants for licensure. The Board reconvened into public session at 11:00 a.m.
Motion V was made by Mr. Maholchic seconded by Mr. Landing and unanimously carried that the Board accepts the dispositions rendered in the Executive Session.
Review of Applicants
The following applications to sit for examination were reviewed and the Board’s disposition of the
matters are as follows:
Five applicants were approved to sit for the master license examination.
Three applicants were approved to sit for the master restricted license examination
Four applicants were approved to sit for the journey license examination.
Adjournment
There being no further business, a motion was made by Mr. Aitken that all business presented be accepted, seconded by Mr. Maholchic, and unanimously carried that the State Board of Heating, Ventilation, Air-conditioning and Refrigeration Contractors adjourn at 11:30a.m.
Approved without corrections
Approved with corrections
Michael McPhersonMarch 9, 2005
Michael McPherson, ChairmanDate
IT WAS DETERMINED THAT THE NEXT MEETING OF THE BOARD WILL BE HELD ON WEDNESDAY, MARCH 9, 2005 AT 9:30 A.M. IN THE 3RD FLOOR CONFERENCE ROOM
AT 500 N. CALVERT STREET.
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