STATE BOARD OF HEATING, VENTILATION, AIR CONDITIONING AND

REFRIGERATION CONTRACTORS

BUSINESS MEETING

MINUTES

DATE: May 8, 2002

TIME: 9:30 a.m.

PLACE: 500 N. Calvert Street

3rd Floor Conference Room

Baltimore, Maryland 21202

PRESENT: Michael McPherson, Chairman

Ralph Vines

Roger Eggers

Thomas P. Hayes

George V. Landing

ABSENT: Charles Henson

Michael Maholchic

OTHERS PRESENT: Executive Director Charles P. Kazlo

Assistant Attorney Sloane Fried Kinstler

Administrative Officer Roy Brown

Administrative Aide Patricia McCray

CALL TO ORDER

Chairman Michael McPherson called the business meeting of the State Board of Heating, Ventilation, Air Conditioning, and Refrigeration Contractors to order at 9:30 a.m.

APPROVAL OF MINUTES

The members of the Board reviewed the minutes of the April 2002 meeting. Motion I was made by Mr. Vines, seconded by Mr. Eggers and unanimously carried to accept the minutes as presented without corrections.

COMPLAINT COMMITTEE REPORT

The Complaint Committee submitted a report from April 10, 2002 through May 7, 2002. The report is as follows:

FY 2002 / FY 2001 / FY 2000
Open 24
Inactive 0
Recommended Close 07
Closed 59
Total 90 / Open 01
Inactive 0
Recommended Close 00
Closed 100
Total 101 / Open 0
Inactive 01
Closed 108
Total 109

8 complaints received

7 recommended closed

Motion II was made by Mr. Landing, seconded by Mr. Eggers and unanimously carried to accept the report.

INFORMAL CONFERENCES

William Turner appeared before the Board seeking approval by the Board to sit for the Master license examination. Mr. Turner applied using the six-year provision option, and requested an informal conference with the Board to present his request. The applicant presently possesses a CFC license since 1995 which is a requirement for the state of North Carolina. He also has four-years experience as an engineer in the army, attended tech school and obtained 45-credits. Mr. Turner has held his Journeyman license for two-years and is inquiring if work experience suffices for additional years needed to sit for examination for a Master license. The Board will take the applicant's request under advisement.

Warren Brooks appeared before the Board. He is presently a third class engineer who received his training at Lincoln Tech and graduated in 1984. He has worked at Smithsonian Institute at limited capacity for two-and-a-half years as a steam fitter third class. He possesses a CFC license, and has also been an instructor in basic electricity. Mr. Brooks has a desire to work in the HVACR field, though after graduating from Lincoln Tech in 1984, he did not apply for his license. The Master license is the goal of the applicant to, but is willing to accept the decision of the Board. The Board will take the applicant's request under advisement.

OLD BUSINESS

Final Action on Proposed Regulation: Responsibilities of Licensees

Executive Director, Charles Kazlo, advised the Board that the proposed regulation regarding the "Responsibilities of Licensees" had been published in the Maryland Register. The period for public comment had passed without receipt of any comments to the proposal. He requested that the Board adopt as final the proposed regulation as follows:

A licensee must maintain appropriate insurance covering any heating, ventilation, air conditioning and refrigeration service the licensee provides. Insurance provided by an employer does not satisfy the insurance requirements of Business Regulation Article, Annotated Code of Maryland, 9A-205, if a licensee provides heating, ventilation, air conditioning or refrigeration services outside the scope of employment for the insured person of business entity. Motion III

was made by Mr. Vines, seconded by Mr. Eggers and unanimously carried to accept the published proposed regulation as final.

Proposed Legislative Concepts

Mr. Hayes proposed the following legislative concept for presentation to the Office of Secretary for consideration as departmental legislation for the 2003 legislative session:

He believed that it is imperative that some form of company registration be required for all companies that provide HVACR services. The purpose of such registration is to ensure that when a company provides HVACR services within Maryland, they have a currently licensed and insured master or master restricted licensee to be responsible for the work performed. It would also help to ensure that all individuals who provide or assist in providing HVACR services are currently licensed. He is concerned that companies come into Maryland and perform HVACR services with no licensed persons, or when a master or master restricted licensee leave a company, the company continues to provide HVACR services without the required licensed individuals to provide or assist in providing the HVACR services.

Chairman McPherson asserted that registration is necessary to give the ability for the Board to track who is doing business in the Maryland area (i.e. a company that fires the Master for the company, but does not hire another Master to replace the employee that has left the company).

Mr. Kazlo brought to the Board's attention that currently when a consumer files a complaint, it is primarily against the licensee and not the company. The Board does not license companies but individuals.

HVACR report of current licensees - Mr. Kazlo provided each member with a current report reflecting the number of current licensees in each of the HVACR categories. It was pointed out that there has been an increase of 106 licensees since last month.

CORRESPONDENCE

The question was brought forth to the Board as to the scope of HVACR work that a fuel oil company employee is allowed to perform without a license. The current exemption states that an individual, who installs, alters, remodels, maintains, or repairs oil burner exclusively while employed by a supplier of home heating fuel is exempt from licensing. The question raised was, does the "oil burner" include all of the individual components making up the entire oil heating unit or is it the "burner" within the heating unit? After discussion it was decided that further review was necessary.

Mr. Kazlo brought to the Board correspondence from a licensee for determination if it should be reviewed by the Board or referred to the complaint committee for review. The licensee believed that action should be taken against a company who did "duct cleaning." It was their position that the individuals needed to be licensed based upon the scope of work reflected in their advertising. After a preliminary review the Board and Counsel concurred that the matter was a complaint, and the complaint committee should handle it. The matter was referred to the complaint committee for review and investigation.

Expense Reports. There is a sixty-day filing period allowed Board members to submit their mileage expense reports. Each Board member has been asked to comply with this request.

NEW BUSINESS

The Board membership discussed at length the statute and regulatory provisions pertaining to applicants for a journey license without examination. The current statute requires any person who provides or assists in providing HVACR services to be licensed. It also allows a person who completes an approved apprenticeship program to obtain a journey license without examination. Current regulation requires that the applicant must apply for licensure without examination within two years of completing the apprenticeship program. It was the consensus of the membership that the existing regulation providing that an applicant must hold a current HVACR apprentice license, and apply within two years of having completed an approved apprenticeship program to be fair. There was no basis to seek a change of the current Board position and existing regulation.

COUNSEL'S REPORT

The Board had raised a concern about exposure to liability for contractors' violations. Counsel reassured the Board that the Board certifies minimum competence, but does not guarantee a licensee's responsibility or competence. While a lawsuit could be brought against the Board and individual Board members as long as the Board acts in good faith and within the scope of their authority as Board members, individuals who serve on the Board should bear no responsibility in a suit.

Counsel reviewed with the Board, House Bill 863- Maryland Service Contracts and Consumer Products Guaranty Act, which had been signed into law by the Governor. It was indicated that after review, it was determined that the new law did not place any new requirements against licensees in the HVACR industry.

CHAIRMAN'S REPORT

None.

EXECUTIVE SESSION

Motion IV was made by Mr. Vines, seconded by Mr. Eggers and unanimously carried that the State Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors go into Executive Session, at 10:15 a.m., 500 N. Calvert Street, 3rd Floor Conference Room, Baltimore, Maryland 21202. The meeting is permitted to be closed pursuant to §10-508 (a)(7) of the State Government Title. The purpose of the meeting was to consult with counsel to review and discuss confidential materials pertaining to applicants for licensure.

The meeting reconvened to business session at 10:40 a.m.

Motion IX was made by Mr. Vines, seconded by Mr. Hayes, and unanimously carried that the Board accepts the dispositions rendered in the Executive Session.

Review of Applicants

The following applications to sit examination were reviewed and the Board's disposition of the matters are as follows:

John W. Braun is approved to sit for the HVACR Journeyman examination.

Warren P. Brooks is approved to sit for the HVACR Journeyman examination.

Pierre Choupo is approved to sit for the HVACR Master examination.

Scott Kilian is approved to sit for the HVACR Journeyman examination.

Markus M. Lukas is approved to sit for the HVAR Master Restricted examination.

Jerred V. Holtzople is approved to sit for the HVACR Master Restricted examination.

Joseph A. Pietrowski, Jr. is approved to sit for the HVACR Master examination.

Ezio S. Rebechi is approved to sit for the HVACR Journeyman examination

Robert R. Robinson is approved to sit for the HVACR Master Restricted examination.

William G. Turner is approved to sit for the HVACR Master Restricted examination.

Adjournment

There being no further business a motion was made by Mr. Vines that all business presented be accepted, seconded by Mr. Eggers, and unanimously carried that the State Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors adjourn at 10:50 a.m.

____ Approved without corrections

Approved with corrections

______

Michael McPherson, Chairman Date

IT WAS DETERMINED THAT THE NEXT MEETING OF THE COMMISSION WILL BE HELD ON WEDNESDAY, JUNE 12, 2002 AT 9:30 A.M. IN THE 3RD FLOOR CONFERENCE ROOM AT 500 N. CALVERT STREET.