DEPARTMENT OF STATE

Division of Professional Regulation

Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners

PROPOSED

PUBLIC NOTICE

1800 Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners

Pursuant to 24 Del.C. §1806(a)(2), the Delaware Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners has the authority to promulgate rules and regulations that carry out the objectives of Chapter 18 of Title 24.

The proposed addition of subsection 3.1.2.2.3 clarifies the testing required to qualify for a master HVACR license restricted. Amendments proposed to section 5.0 provide the Board with a process to audit licensees for completion of continuing education, which is required beginning with license renewal in 2026, and clarify requirements for continuing education. The other proposed amendments reflect technical and style changes consistent with the Delaware Administrative Code Drafting and Style Manual.

The Board will hold a public hearing on the proposed regulation changes on October 8, 2024, at 8:30 a.m. in the second-floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address or at Danielle.Ridgway@delaware.gov.

In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be October 23, 2024. The Board will deliberate on the public comments at its next regularly scheduled meeting thereafter.

1800 Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners

1.1 Election of Officers. The Board will elect a President, Vice-President, and Secretary annually in May. In the event of a resignation, termination or departure of one 1 of the officers, a replacement shall be elected at the next Board meeting or at a meeting called for that purpose.

1.2 Definitions. Words and terms defined in Title 24, Section 1802 of the Delaware Code are applicable to these regulations. The following additional words and terms, shall have the following meaning, unless the context clearly indicates otherwise:

“Certificate of Good Standing” means a certified statement of the applicant's disciplinary and complaint record as a license holder in another jurisdiction, which is sent directly from the other jurisdiction to the Board.

“Complete application” means the Division of Professional Regulation has received the application form, all supporting documents (including verifications of disciplinary record), and all required fees.

"Full-Time Employee" for purposes of supervision means any employee working a minimum of 30 hours per week, averaged over a period of 1 year, who regularly receives compensation from the entity providing services and receives a W-2 form annually from the entity providing services.

2.1 Pre-examination Requirements

2.1.1 Board approval is required before an applicant will be allowed to sit for the exam. To get Board approval, an applicant must complete and return an application form to the Board's office, showing that the applicant has 2 years of verified experience under the supervision of a licensed plumber after having received a Journeyman’s Certificate in an apprenticeship program that meets or exceeds the Federal Bureau of Apprenticeship and Training Standard. Alternatively, the applicant can show 7 years of verified experience under the supervision of a licensed plumber if the applicant has successfully completed the series of state-approved tests offered in the Delaware technical high schools or other apprenticeship school.

2.1.2 Supporting documentation. The applicant shall present a copy of the Journeyman certificate or the applicant shall present proof of passing the series of state-approved tests offered in the Delaware technical high schools or other apprenticeship school. Verification of the required experience shall be by affidavit of the supervising licensed plumber on the form approved by the Board. If the applicant is unable to obtain an affidavit from the supervising licensed plumber, the tax form W-2 or the affidavit of the employer or officer of the employing company may be submitted as proof of experience at the discretion of the Board.

2.1.3 Disciplinary record. An applicant must also certify to the Board that he or she the applicant has not engaged in any of the acts that would be grounds for discipline of a licensee of the State of Delaware and that he or she the applicant does not have any disciplinary proceedings or unresolved complaints pending against him or her the applicant in any jurisdiction where he or she the applicant has previously been or currently is licensed, or certified as a plumber. An applicant currently or previously licensed or certified in another jurisdiction shall provide the Board with certified statements from all other such jurisdictions verifying their disciplinary and complaint records.

2.1.4 Complete application. An application to sit for the examination is not considered complete until the Division of Professional Regulation has received the application form, all supporting documents (including verifications of disciplinary record) and all fees required by this section.

2.2 Licensure by Examination

2.2.1 The exam will be offered 4 times per year, once quarterly. No person applicant shall be permitted to sit for the exam until he or she that applicant has completed the pre-examination requirements of subsection 2.1 and received the Board's approval to take the exam.

2.2.2 Reexamination. Applicants who do not earn a passing score on the exam may retake it 2 additional times, at the next regularly scheduled administrations, without further Board approval. An applicant who does not pass the exam after 3 attempts must reapply to the Board for permission to retake the exam. Such applicants may not reapply until 1 year has passed from the date he or she the applicant last took the exam.

2.3 Licensure by Reciprocity. An applicant under this section must demonstrate that the standards for licensure of the state through which the applicant seeks reciprocity are equivalent to those of this State. Applicants must provide that state’s laws and regulations governing licensure to the Board.

3.1 Licensure by Examination. All applicants must submit complete applications. Only complete applications will be considered by the Board. Successful applicants must:

3.1.1 Pass the Board-approved HVACR exam. Applicants must have prior approval from the Board to take the exam. To get the Board's approval, an applicant must first meet all the requirements in regulations 3.1.2 through 3.1.5. The exam is offered 4 times per year, once quarterly. A score of 70% or greater is required to pass the exam.

3.1.2 Document the required experience. The law contains different experience requirements for applicants with a Journeyman's Certificate and those without a Journeyman's Certificate, as described below:

3.1.2.1 Journeyman's Certificate. Applicants that have a Journeyman's Certificate from an apprenticeship program that meets or exceeds the Federal Bureau of Apprenticeship and Training Standard must include a copy of the Certificate with their application. These applicants must also document completion of 2 years of post-apprenticeship HVACR experience under the direct supervision of a master HVACR licensee, master HVACR restricted licensee, or an individual holding a similar level of licensure in another state. Experience gained before receipt of the Journeyman's Certificate does not qualify and will not be counted toward fulfillment of the 2-year requirement.

3.1.2.2 No Journeyman's Certificate. Applicants without Journeyman's Certificate

3.1.2.2.1 Applicants who do not possess a Journeyman's Certificate must document completion of 7 years of HVACR experience under the direct supervision of a master HVACR licensee, master HVACR restricted licensee, or an individual holding a similar level of licensure in another state.

3.1.2.2.2 Applicants without a Journeyman's Certificate must also pass the series of Board-approved apprenticeship equivalency exams (known as the “Bypass Exams”) before they will be approved to take the HVACR exam. Applicants must have prior approval from the Board to take the exam. Applicants will receive approval after they meet all the requirements in regulations subsections 3.1.2 through 3.1.5. Applicants who pass the Bypass Exams are automatically approved to take the HVACR exam.

3.1.2.2.3 Applicants for a restricted license must present a passing score on those sections of the Bypass Exams that the Board designates as applicable to the category of restriction.

3.1.2.3 Proper Documentation of Experience. Documentation of the required experience shall be by affidavit of the applicant's supervisor. Applicants unable to obtain an affidavit from their supervisor may submit tax W-2 tax forms or affidavits of the employers or officer of their employing companies as alternative proof of experience. Alternative proof of experience is acceptable at the discretion of the Board. All affidavits must be on the affidavit form approved by the Board and available through the Board's office.

3.1.3 Provide a copy of their CFC Card. Document certification at the appropriate level for handling chlorofluorocarbons (COUGH’s) by a testing organization approved by the Environmental Protection Agency.

3.1.4 Truthfully attest in the affirmative that they:

3.1.4.1 Have not received any administrative penalties regarding their provision of HVACR or HVACR restricted services;

3.1.4.2 Do not have any disciplinary proceedings or unresolved complaints pending against them in any jurisdiction where they have previously been or are currently authorized to provide HVACR or HVACR restricted services;

3.1.4.3 Do not have an impairment related to drug or alcohol use that would limit their ability to provide HVACR or HVACR restricted services in a manner that is not detrimental to the health, safety, or welfare of the public; and

3.1.4.4 Do not have a criminal conviction, or any pending criminal charges, for any crime listed in or covered by Board regulation Section 8.0 of this regulation.

3.1.5 Provide Certificates of Good Standing. Applicants who have ever been licensed or certified by another jurisdiction (another state, the District of Columbia, or a U.S. territory) must contact the other jurisdiction and request a certified statement of the applicant's disciplinary and complaint record. All certified statements must be sent from other jurisdictions directly to the Board.

3.1.6 Reexamination. Applicants who do not pass the exam may retake it at the next 2 regularly scheduled administrations without further Board approval. An applicant who does not pass the exam after these 3 attempts may reapply for licensure but not until 1 year after the date of the third exam.

3.2 Licensure by Reciprocity. An applicant for licensure by reciprocity must demonstrate that the standards for licensure of the state through which the applicant seeks reciprocity are equivalent to those of this State. Applicants must provide that state's HVACR licensure or certification laws and regulations to the Board.

The Board hereby adopts the 2015 International Mechanical Code (IMC) and the 2015 International Fuel Gas Code (IFC), as amended. The Board reserves the right to modify both codes, by further rulemaking, as it deems appropriate.

5.1 Continuing education (CE) is required of all licensees and shall be completed by June 30 of any year in which a license is to be renewed starting October 31, 2024 October 31 of even-numbered years starting in 2026. Extra continuing education CE hours do not carry over to the next licensing period. Licensees will only get CE credit for their first attendance of CE courses during each licensing period. Licensees may retake a CE course in the same licensing period but will not receive additional CE credit.

5.2 Courses must be approved by the Board in order to qualify as CE. Approved courses appear on the website of the Division of Professional Regulation at https://www.dpr.delaware.gov. Licensees may also contact the Administrative Specialist of the Board at the Division of Professional Regulation to determine whether particular courses have been approved.

5.2.1 Courses shall be designed to maintain and enhance the knowledge and skills of licensees related to providing plumbing or HVACR services.

5.2.2 Sponsors or licensees can obtain Board approval of courses at any time by completing a form approved by the Board and including a course outline with the number of classroom hours showing breakdown of time allotted for each part of course content, the curriculum vitae or resume of the instructor and the appropriate fee set by the Division. The completed application will be presented for review at the next regularly scheduled Board meeting.

5.3 Licensees shall complete 5 hours of approved CE during each renewal period.

5.3.1 All licensees shall complete:

5.3.1.1 3 hours in Code changes; and

5.3.1.2 1 hour in safety;

5.3.2 Plumbing licensees shall complete 1 hour in cross connections and back flow;

5.3.3 HVACR licensees shall complete 1 hour in Energy Code.

5.3.4 Dual Licensees

5.3.4.1 Dual licensees (Plumbing and HVACR) shall complete the required 6 total hours as set forth in subsections 5.3.1 through 5.3.3.

5.3.4.2 Dual licensees shall alternate the code topic of their CE required by subsection 5.3.1.1 every other renewal period between Plumbing and HVACR.

5.3.5 Exceptions to the requirements in subsections 5.3.1 through 5.3.4 are:

5.3.5.1 A person licensed less than 1 year does not need to complete CE at the first renewal;

5.3.5.2 A person licensed 1 year but less than 2 years must submit 3 CE hours at the first renewal.

5.4 The Board may consider a waiver of CE requirements or acceptance of partial fulfillment based on the Board's review of a written request with supporting documentation of hardship. Requests will only be considered if made prior to the licensee's renewal deadline.

5.5 As a condition of renewal, licensees must attest to completion of the CE required. Attestation shall be completed electronically. Licensees selected for random audit will be required to supplement their attestations with documentation of the required CE attendance.

5.6 Compliance Audits

5.6.1 Beginning with license renewals in 2026, the Board will randomly audit 5% of license renewal applications to ensure their accuracy. Licensees selected for random audit will be notified of that selection within 60 days after the renewal deadline.

5.6.2 In addition, 100% of licensees who renew late will be audited for compliance with CE. They will be notified of their audit within 60 days of their renewal.

5.6.3 Licensees selected for audit must then submit the documentation requested by the date indicated on the audit notice.

7.1 A written report, signed by a complainant, alleging that a licensee may be chemically dependent or impaired is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her the Director's designate of the report. If the Director of Professional Regulation receives the report, he/she the Director shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.

7.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her the individual in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the individual the opportunity to enter the Voluntary Treatment Option.

7.3 In order for the individual to participate in the Voluntary Treatment Option, he/she the individual shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s) designate.

7.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her the Director's designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her the Director's designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.

7.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her the Director's designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 7.8.

7.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:

7.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.

7.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her the Director's designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her the Director's designate, and such person making such report will not be liable when such reports are made in good faith and without malice.

7.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.

7.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s) program. In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.

7.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her the chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/ her the Director’s designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.

7.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.

7.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.

7.8 The participating Board's chairperson, his/her the chairperson's designate or designates designates, or the Director of the Division of Professional Regulation or his/her the Director’s designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.

7.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.

7.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.

7.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her that person’s confidentiality shall be protected if the matter is handled in a nondisciplinary matter.

7.12 Any The confidentiality of any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality be protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.

8.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of the solicitation to commit any of the following crimes, is deemed to be a crime substantially related to plumbing services or in the State of Delaware without regard to the place of conviction:

8.1.1 Reckless endangering in the first degree. 11 Del.C. §604

8.1.2 Assault in the second degree. 11 Del.C. §612

8.1.3 Assault in the first degree. 11 Del.C. §613

8.1.4 Manslaughter. 11 Del.C. §632

8.1.5 Murder by abuse or neglect in the second degree. 11 Del.C. §633

8.1.6 Murder by abuse or neglect in the first degree. 11 Del.C. §634

8.1.7 Murder in the second degree. 11 Del.C. §635

8.1.8 Murder in the first degree. 11 Del.C. §636

8.1.9 Unlawful sexual contact in the second degree. 11 Del.C. §768

8.1.10 Unlawful sexual contact in the first degree. 11 Del.C. §769

8.1.11 Rape in the fourth degree. 11 Del.C. §770

8.1.12 Rape in the third degree. 11 Del.C. §771

8.1.13 Rape in the second degree. 11 Del.C. §772

8.1.14 Rape in the first degree. 11 Del.C. §773

8.1.15 Sexual extortion. 11 Del.C. §776

8.1.16 Continuous sexual abuse of a child. 11 Del.C. §778

8.1.17 Kidnapping in the second degree. 11 Del.C. §783

8.1.18 Kidnapping in the first degree. 11 Del.C. §783A

8.1.19 Arson in the second degree. 11 Del.C. §802

8.1.20 Arson in the first degree. 11 Del.C. §803

8.1.21 Criminal mischief. 11 Del.C. §811

8.1.22 Burglary in the third degree. 11 Del.C. §824

8.1.23 Burglary in the second degree. 11 Del.C. §825

8.1.24 Burglary in the first degree. 11 Del.C. §826

8.1.25 Robbery in the second degree. 11 Del.C. §831

8.1.26 Robbery in the first degree. 11 Del.C. §832

8.1.27 Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842

8.1.28 Theft; false pretense. 11 Del.C. §843

8.1.29 Theft, false promise. 11 Del.C. §844

8.1.30 Theft of services. 11 Del.C. §845

8.1.31 Extortion. 11 Del.C. §846

8.1.32 Identity theft. 11 Del.C. §854

8.1.33 Forgery. 11 Del.C. §861

8.1.34 Falsifying business records. 11 Del.C. §871

8.1.35 Unlawful use of credit card. 11 Del.C. §903

8.1.36 Renderer and scanning devices. 11 Del.C. §903A

8.1.37 Insurance fraud. 11 Del.C. §913

8.1.38 Home improvement fraud. 11 Del.C. §916

8.1.39 New home construction fraud. 11 Del.C. §917

8.1.40 Dealing in children. 11 Del.C. §1100

8.1.41 Sexual exploitation of a child. 11 Del.C. §1108

8.1.42 Sexual solicitation of a child. 11 Del.C. §1112A

8.1.43 Perjury in the second degree. 11 Del.C. §1222

8.1.44 Perjury in the first degree. 11 Del.C. §1223

8.1.45 Aggravated harassment. 11 Del.C. §1312

8.1.46 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447

8.1.47 Possession of a firearm during commission of a felony. 11 Del.C. §1447A

8.1.48 Breaking and entering, etc., to place or remove equipment. 11 Del.C. §2410

8.2 Crimes substantially related to plumbing services shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.