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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2017

Authenticated PDF Version

14 DE Admin. Code 729
The Secretary of Education intends to amend 14 DE Admin. Code 729 School Custodians. This regulation is being amended to correct a typographical error in subsection 3.2.10. No other changes are needed.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on July 1, 2017, in the form hereto attached as Exhibit "A". No comments were received for this regulation.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 729 School Custodians in order to correct a typographical error in subsection 3.2.10.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 729 School Custodians. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 729 School Custodians attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 729 School Custodians hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
The text of 14 DE Admin. Code 729 School Custodians amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 729 School Custodians in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on August 15, 2017. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 15th day of August 2017.
Department of Education
Approved this 15th day of August 2017
Central Heating Plant” means all the component parts and systems used to heat, air condition and ventilate a school facility to include traditional mechanical systems and computer building automation systems.
Certificate of Occupancy” means the certificate issued by code enforcement agencies certifying that a building meets all building and safety codes required by the jurisdiction of that agency.
Chief Custodian means a Custodian who has completed the 120 class hour Chief Custodian training as prescribed by the Department of Education in subsection 5.1.1 below. Employees who have earned the Chief Custodian certificate shall be paid an additional pay stipend in accordance with 14 Del.C. §1311(b). Employees who have earned the Chief Custodian certificate pursuant to 14 Del.C. §1311(b) are eligible to compete for chief custodial positions when they become vacant and earn pay in accordance with the pay scale identified in 14 Del.C. §1311(a).
Classroom” means an area or space within a school building that is used for student instruction.
Classroom Equivalent means areas or spaces in school buildings that are used for student instruction not classified as a classroom, such as but not limited to computer labs and centers, libraries, media centers, multiple intelligence rooms and areas, athletic training rooms.
Custodial Unit” means a formula used to determine the number of custodial positions earned by an educational facility
Custodian” means a school district employee who is paid in accordance with 14 Del.C. §1311(a). The school district employee shall be entitled to an additional pay stipend pursuant to 14 Del.C. §1311(b) upon completion of the 60 hour Custodian certificate training as prescribed in subsection 5.1.3 below.
Firefighter and Custodian-Firefighter” means a Custodian who has completed the 90 class Firefighter and Custodian-Firefighter certificate training as prescribed by the Department of Education in subsection 5.1.2 below. This training includes but is not limited to the operation of boilers and central heating plant systems. Employees who have earned the Firefighter and Custodian-Firefighter certificate shall be paid an additional pay stipend in accordance with 14 Del.C. §1311(b). Employees with the Firefighter and Custodian-Firefighter certificate pursuant to 14 Del.C. §1311(b) are eligible to compete for Custodian Fireman positions when they become vacant and earn pay in accordance with the pay scale identified in 14 Del.C. §1311(a).
Maintenance Mechanic” means an employee filling a custodial position with specialized technical skill in a particular trade or trades as determined by the school district in accordance with subsection 4.3 below and paid in accordance with the pay scale identified in 14 Del.C. §1311(a).
Skilled Crafts Person” means an employee filling a custodial position with specialized technical certification and/or licensure in a particular trade or trades as determined by the school district in accordance with subsection 4.4 below and paid in accordance with the pay scale identified in 14 Del.C. §1311(a).
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3.4.1 In order to maintain, heat and secure new school buildings completed with a certificate of occupancy date further in advance of student occupancy than the two (2) months identified in subsection 3.4 above, the district is eligible to earn the custodial units provided for site maintenance and central heating plant as of the certificate of occupancy date, until eligible to employ the full custodial staff in accordance with subsection 3.4.
4.4.4.1 4.4.1.1 Has received a certificate as a union journeyman or equivalent in any of the following fields: Boiler Maker, Carpenter, Electrician, HVAC Mechanic, Mill Wright, Heavy Machinery Operator, Pipe Fitter, Plumber, Roofer, or Sheet Metal Worker; or
4.4.4.2 4.4.1.2 Possesses a current state license in any of the fields listed in paragraph subsection 4.4.1.1 above; or
4.4.4.3 4.4.1.3 Is an Automobile Mechanic who possesses two or more National Institute for Automotive Service Excellence (ASE) Certifications in the Automotive, Truck or School Bus categories; or
4.4.4.4 4.4.1.4 Is a Boiler Maker who possesses either an AWS or ASME Welding Certification; or
4.4.4.5 4.4.1.5 Is a Computer Technician who possesses an A Plus Certification from CompTIA (Computing Technology Industry Association); or
4.4.4.6 4.4.1.6 Is an HVAC Mechanic who possesses two or more certifications from manufacturers of digital control systems in use by the district, or possesses a certification from a manufacturer of centrifugal chillers used within the district; or
4.4.4.7 4.4.1.7 Possesses two or more Hazardous Material Certifications from the State of Delaware, OSHA, or the United States Environmental Protection Agency; or
4.4.4.8 4.4.1.8 Is a Pipe Fitter who possesses an AWS or ASME Welding Certification; or
4.4.4.9 4.4.1.9 Is a Roofer who possesses Training Certifications from two or more manufacturers of Roofing Systems in use by the District; or
4.4.4.10 4.4.1.10 Is a Burner Mechanic who possesses a certification from a manufacturer of oil or gas burners used within the District.
5.1 The Department of Education shall specify the special training needed in order for an individual to receive a certificate(s) for the additional pay stipends as outlined in 14 Del.C. §1311(b). The following hourly requirements shall be met in order for the Department of Education to grant the custodial certificates listed in subsections 5.1.1 through 5.1.3. The certificate guarantees additional pay as specified in 14 Del.C. §1311(b) but only the local school district can change a custodian's classification for purposes of 14 Del.C. §1311(a).
Last Updated: December 31 1969 19:00:00.
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