SPONSOR: Rep. Spence & Sen. McBride
AN ACT TO AMEND TITLE 24 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF A BOARD OF HEATING, VENTILATION, AIR-CONDITIONING, AND REFRIGERATION EXAMINERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
(Three-Fifths of all members elected to each house thereof concurring therein):
Section 1. Amend Title 24 of the Delaware Code by adding thereto a new Chapter, designated as Chapter 40, which new Chapter shall read as follows:
"CHAPTER 40. BOARD OF HEATING, VENTILATION, AIR-CONDITIONING, AND REFRIGERATION EXAMINERS.
Subchapter 1. Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Examiners.
§4001. Objectives.
The primary objective of the Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Examiners, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this Chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner competency; and, to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners.
§4002. Definitions.
The following words, terms and phrases, when used in this Chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:
(6) 'Excessive use or abuse of drugs' shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs his or her ability to provide services of heating, ventilation, air-conditioning, and refrigeration.
(7) ‘Full-time employee’ shall mean an individual, who is added to the company payroll and who has on file with the employer a W-4 form authorizing the employer to withhold taxes and who receives a wage or salary.
(10) ‘License’ shall mean the certificate issued by the Board that is evidence that the holder has met the requirements of this Chapter.
(11) ‘Master Licensee’ shall mean a person, licensed by the Board, to provide heating, ventilation, air-conditioning, commercial hood systems, hydronic systems, and refrigeration services.
(12) ‘Master Licensee Restricted’ shall mean a person, licensed by the Board, to provide services in one of the following areas:
(16) 'State' shall mean the State of Delaware.
(17) ‘Supervision’ shall mean that a master licensee shall be fully responsible for all work performed under his or her license.
(19) ‘Ventilation system’ means the natural or mechanical process of supplying air to, or removing air from, any space, whether the air is conditioned or is not conditioned and at a rate of airflow of more than 250 cubic feet per minute.
§4003. Board of Heating, Ventilation, Air-Conditioning; and Refrigeration Examiners; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
(a) There is created a State Board of Heating, Ventilation, Air-Conditioning; and Refrigeration Examiners, which shall administer and enforce this Chapter.
(b) The Board shall consist of seven members, appointed by the Governor, who are residents of this state: Three shall be persons who are licensed under this Chapter, one licensed plumber, and three public members. The public members shall not now provide, nor ever have provided heating, ventilation, air-conditioning, or refrigeration services, nor a member of the immediate family of a person who provides or has provided heating, ventilation, air-conditioning, or refrigeration services; shall not have been employed by a person who has provided heating, ventilation, air-conditioning, or refrigeration services; shall not have a material interest in the providing of goods and services to heating, ventilation, air conditioning and refrigeration firms or licensees; nor have been engaged in an activity directly related to the heating, ventilation, air conditioning, and refrigeration business. Public members shall be accessible to inquiries, comments and suggestions from the general public.
(c) Except as provided in subsection (d) of this section, each member shall serve a term of three years, and may succeed himself or herself for one additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only one additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.
(d) A person, who has never served on the Board, may be appointed to the Board for two consecutive terms; but no such person shall thereafter be eligible for two consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.
(e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment.
(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.
(g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of persons who provide heating, ventilation, air conditioning, and refrigeration services; this includes a prohibition against serving as head of the professional association's Political Action Committee (PAC).
(h) The provisions set forth in Chapter 58 of Title 29 of the Delaware Code shall apply to all members of the Board.
(i) Any member, who is absent without adequate reason for three consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty.
(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, according to Division policy, and, in addition, shall receive not more than $50 for each meeting attended but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.
§4004. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the President deems necessary, or, at the request of a majority of Board members.
(b) The Board annually shall elect a President, Vice-President, Secretary, a complaint officer and an education officer. Each officer shall serve for one year and shall not succeed himself or herself for more than two consecutive terms.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of at least four members of the Board.
(d) Minutes of all meetings shall be recorded and the Division shall maintain copies of the minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting the transcript shall incur the cost of preparing any transcript.
§4005. Records.
§4006. Powers and duties.
(a) The Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Examiners shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State. Each rule or regulation shall implement or clarify a specific section of this Chapter.
(2) Designate the application form to be used by all applicants and process all applications;
(3) Designate the written, standardized examination, approved by the Division, and administered and graded by the testing service, to be taken by all persons applying for licensure; except applicants who qualify for licensure by reciprocity;
(4) Evaluate the credentials of all persons applying for a license as master licensee or master licensee restricted in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this Chapter.
(5) Grant licenses to and renew licenses of all persons, who meet the qualifications for licensure;
(6) Establish by rule and regulation continuing education standards required for license renewal;
(7) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified, or registered in another jurisdiction to provide heating, ventilation, air-conditioning, commercial hood systems, hydronic systems, or refrigeration services, has engaged in any acts or offenses that would be grounds for disciplinary action under this Chapter, and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses;
(9) Refer all complaints from licensees and the public concerning persons licensed under this Chapter, or concerning practices of the Board, or of the profession, to the Division for investigation pursuant to §8807 of Title 29 of the Delaware Code; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;
(10) Conduct hearings and issue orders in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 of the Delaware Code.
(11) Grant a license to, and renew the license of, a non-practicing licensee, as defined in the Board’s rules and regulations, provided the individual does not use the license to provide heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services, and who in addition, submits proof of completion of biennial continuing education requirements.
(12) Require, if necessary, that a licensed practitioner take over the work done by an unlicensed practitioner, or if the work is completed, that the work be inspected by a Board-approved inspection agency; such work shall be inspected by the inspection agency within five working days after receipt of the Board’s request.
(13) Designate and impose the appropriate sanction or penalty, after time for appeal has lapsed, when the Board determined after a hearing, that penalties or sanctions should be imposed.
Subchapter II. License.
§4007. License required.
(a) No person shall provide heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services, or hold himself or herself out to the public in this State as being qualified to act as a licensed provider of heating, ventilation, air-conditioning, hydronic systems, commercial hood systems or refrigeration services; or use in connection with his or her name, or otherwise assume or use, any title or description conveying or tending to convey the impression that he or she is qualified to act as a licensed provider of heating, ventilation, air-conditioning, hydronic systems commercial hood systems, or refrigeration services, unless such person has been duly licensed under this Chapter.
(b) Whenever a license to practice as a provider of heating, ventilation, air-conditioning, commercial hood systems, hydronic systems, or refrigeration services in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as a licensed provider of such services in this state.
§4008. Qualifications of applicant.
(a) An applicant, who is applying for licensure under this Chapter, shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(2) For master restricted license shall have knowledge as it relates to the particular type of specialty for which license is applied, and in addition shall have:
(3) After fulfilling the applicable experience and/or training requirements of this section, shall have achieved the passing score on the written, standardized examination for licensure, approved by the Division, and prepared and graded by a national testing service, with a score established by the Board in rules and regulations. The Board shall accept the passing score established by the testing service, if applicable.
(4) After the initial six-month period has elapsed after passage of this legislation, all applicants shall have completed the experience requirements of this section before applying to take the examination(s) required by this section.
(5) After February 2003, all experience required by this section shall be obtained only under the supervision of a licensed master heating, ventilation, air-conditioning, and refrigeration technician for master license; or licensed master technician or master license restricted, for master license restricted.
(6) Shall not have been the recipient of any administrative penalties regarding his or her practice as a provider of the services of heating, ventilation, air-conditioning, or refrigeration, but not limited, to fines, formal reprimands, license suspensions or revocation, (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any 'consent agreements' which contain conditions placed by a Board on his or her professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether such administrative penalty is grounds to deny licensure.
(7) Shall not have any impairment related to drugs or alcohol that would limit the applicant's ability to act as an heating, ventilation, air-conditioning, or refrigeration technician or provide hydronic systems or commercial hood systems, in a manner consistent with the safety of the public;
(8) Shall not have been convicted of a felony;
(9) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which substantially relate to providing heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services. Applicants, who have criminal conviction records or pending criminal charges, shall request appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to providing heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services.
(10) Shall have no disciplinary proceedings or unresolved complaints pending against him or her in any jurisdiction where the applicant has previously been or currently is licensed or registered.
(b) All evidence of experience shall be submitted on written affidavit forms provided by the Board.
(c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for him or her than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
(e) Within six months of the passage of this legislation, all persons currently providing heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services, shall make application to the Board for a license under subsection (a), paragraph (1) or (2) of this section and provide proof, acceptable to the Board, that the applicant has met the experience requirements of the applicable paragraphs for which he or she is claiming experience. If the applicant has not met the experience requirements, the Board shall keep a record of the applicant’s experience, and he or she may reapply after accumulating sufficient hours to meeting the requirements of subsection (a), paragraph (1) or (2) of this section.
(f) Applicants employed by firms providing heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services, shall request that said firm submit to the Board proof of payment of the Delaware business tax for all years for which the applicant has claimed experience.
§4009. Examination.
(c) If the applicant has not achieved the passing score on the examination in two years’ time, the Board may recommend that the applicant complete continuing education, to supplement his or her experience, in order to sit again for the examination.
§4010. Reciprocity.
(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in 'good standing' in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State. A license in 'good standing' is defined in §4008(a) (4), (5), (6), (7), and (8) of this Chapter.
(b) An applicant, who is licensed in a state whose standards are not substantially similar to those of this state, shall have practiced for a minimum of five years after licensure; provided however, that he or she meets all other qualifications for reciprocity in this section.
§4010. Fees.
The amount to be charged for each fee imposed under this Chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this Chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
§4011. Issuance and renewal of licenses.
(a) The Board shall issue a license to each applicant, who meets all of the requirements of this Chapter, in the category applied for, and who pays the fee established under §4010 of this Chapter, and submits proof of general liability insurance as required by the Board in rules and regulations.
(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, proof of general liability insurance as required by the Board, and proof that the licensee has met the continuing education requirements established by the Board.
(c) The Board, in its rules and regulations, shall determine the period of time within which a practitioner licensed under this Chapter may still renew his or her license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date.
(d) A licensee, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive. Such person may reenter practice upon written request to the Board of the intent to do so, and completion of continuing education, as required in the Board’s rules and regulations.
§4012. Grounds for discipline.
(a) A practitioner licensed under this Chapter shall be subject to disciplinary actions set forth in §4014 of this Chapter, if, after a hearing, the Board finds that the practitioner:
(1) Has employed, or knowingly cooperated in, fraud or material deception in order to acquire a license under this Chapter; has impersonated another person holding a license, or allowed another person to use his or her license, or aided or abetted a person not licensed under this Chapter to represent himself or herself as a practitioner licensed under this Chapter;
(2) Has illegally, incompetently or negligently provided heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services;
(3) Has performed heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services in a category for which he or she is not licensed;
(4) Has been convicted of a felony;
(5) Has been convicted of any offense, the circumstances of which substantially relate to the performance of heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration service. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;
(6) Has excessively used or abused drugs;
(7) Has engaged in an act of consumer fraud or deception of the public;
(8) Has violated a lawful provision of this Chapter, or any lawful rule or regulation established thereunder;
(9) Has had his or her license as provider of heating, ventilation, air-conditioning, ventilation, hydronic systems, or commercial hood systems, or refrigeration services suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute one or more of the acts defined in this Chapter. Every person licensed as provider of heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services in this State shall be deemed to have given consent to the release of this information by the Board, or other comparable agencies in another jurisdiction, and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;
(10) Has failed to notify the Board that his or her license as a provider of heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services in another state has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation shall be conclusive evidence thereof; or
(b) Subject to the provisions of Subchapter IV of Chapter 101 of Title 29 of the Delaware Code, no license shall be restricted, suspended or revoked by the Board, and no practitioner's right to practice as a licensee under this Chapter shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act.
§4013. Complaints.
(a) All complaints shall be received and investigated by the Division in accordance with §8807 of Title 29 of the Delaware Code, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual, not currently licensed by the Board, is engaging, or has engaged, in providing services to the public, for which a license is required under this Chapter, or is using a title implying that he or she is competent to provide heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
§4014. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in §4012 of this Chapter applies to a practitioner or licensee regulated by this Chapter:
(1) Issue a letter of reprimand;
(2) Censure a practitioner;
(3) Place a practitioner on probationary status, and require the practitioner to:
a. Report regularly to the Board upon the matters, which are the basis of the probation;
b. Limit all practice and professional activities to those areas prescribed by the Board;
(4) Suspend any practitioner's license;
(5) Revoke any practitioner's license;
(6) Impose a monetary penalty not to exceed $500 for each violation.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies, which required such action have been remedied.
(c) By a decision of four members, the Board may suspend any license, prior to a hearing, simultaneously with the scheduling of a hearing, if it finds that the practitioner licensed under this Chapter is continuing the practice, which warrants this action, is an imminent danger to the public health and safety. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof unless sooner withdrawn by the Board or stayed by the Superior Court. The hearing shall be held no later than 30 days from the date of service of the suspension order unless continued at the request of the licensee.
§4015. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to §8807 of Title 29 of the Delaware Code, alleging violation of §4012 of this Chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 of the Delaware Code.
(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this Chapter, as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board, he or she may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to him or her. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with §10144 of Title 29 of the Delaware Code.
§4016. Reinstatement of a suspended license; removal from probationary status; replacement of license.
(a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.
(b) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this Chapter may also be required, as appropriate.
(c) A new license to replace any license lost, destroyed or mutilated may be issued subject to the rules of the Board. A charge shall be made for such issuance.
Subchapter III. Other Provisions
§4017. Partnership, firm or corporation; loss of license holder.
corporation shall notify the Board in writing with supporting documentation within seven days of the loss of a license holder.
(b) The Board shall schedule an emergency meeting within ten days during which time the partnership, firm, or corporation may continue to operate without a license holder provided the partnership, firm, or corporation continues to employ the same personnel with the exception of the license holder.
(c) A person associated with the partnership, firm, or corporation shall submit an application for a license to the Board, before the emergency meeting, for consideration by the Board at such meeting. At the emergency meeting the Board may issue a temporary license valid for 100 days dated from the date of notification by the partnership, firm, or corporation.
(d) If approved at the emergency meeting, the applicant shall be scheduled for the next available examination.
(e) Regardless of the provisions of subsection (c) of this section, a temporary license shall expire when the Board receives notification of the results of the examination.
(f) If the partnership, firm, or corporation allows the 100-day temporary license to expire without having a person obtain a license or having in their employ a person with a license, then said partnership, firm or corporation shall cease and desist immediately from providing all services for which a license is required under this Chapter.
§4018. Exceptions.
(a) Nothing in this Chapter shall be construed to prevent the providing of heating, ventilation, air-conditioning, hydronic systems, commercial hood systems or refrigeration services, by:
(1) Persons working under the supervision of the holder of a master license or master license restricted issued under this Chapter; such licensee shall be responsible for the activities of the unlicensed persons providing heating, ventilation, air-conditioning, hydronic systems, commercial hood systems or refrigeration services in this State, and who are working under the supervision of the license holder.
(2) Any employee of any person engaged in the providing of heating, ventilation, air-conditioning, hydronic systems, commercial hood systems or refrigeration services, while working under the supervision of a practitioner licensed under this Chapter, who is either the owner or a full-time employee of the company performing the work.
§4019. Inspections.
(a) All heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration work performed in this state, unless specifically exempt, shall receive a certificate of inspection issued by a Board approved inspection agency.
(b) All applications for inspections shall be filed with the inspection agency within five working days of the commencement of heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration work.
(c) Inspection agencies shall make all inspections within five working days of receipt of the application for inspection.
§4020. Inspection Agencies.
(a) All agencies, who intend to conduct inspections of heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services performed in this State, shall apply for a license as an approved inspection agency, complete a Board-approved application, and submit to the Board proof of the following:
(1) Name(s), address(es), and telephone number(s) for all office facilities located in this State, at least one office of which shall service all three counties;
(2) For all heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration inspectors employed by the inspection agency, proof of at least seven years of experience in providing residential, commercial, or industrial heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration services;
(3) The passing grade obtained by each inspector on the following examinations, administered by a nationally recognized testing agency and approved by the Division: heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration services, administered within 18 months of employment as an inspector.
(b) The Board may grant conditional approval of the inspection agency, not to exceed six months, after reviewing the credentials of the agency, evidence of general liability insurance and errors and omission insurance, as required by the Board’s rules and regulations, and payment of the fee established by the Division. No heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration inspection agency shall conduct any inspection, required by this Chapter, in this State, until it has at least one full-time, nationally-certified inspector on its payroll, who will conduct heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration inspections in this State.
(c) The Board may deny an application for licensure as an inspection agency; such denial shall be in writing and state the reason(s) for such denial; and shall be provided by the Board to the inspection agency within 10 days of the decision. The inspection agency may appeal all denials of licensure to the Superior Court.
(d) After the Board has granted a conditional approval for the inspection agency and such approval has been in effect for at least three months, the Board may grant a license to the inspection agency, upon submission of certified proof of the following:
(1) All employees, officers, or stockholders of the inspection agency shall not have any proprietary or pecuniary interest in any heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration contracting business located in this State;
(2) All employees, officers, or stockholders of the inspection agency shall not have any proprietary or pecuniary interest in any manufacturer or seller of heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration appliances or apparatuses.
(e) All licensed heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration inspection agencies in this State shall file, and keep up to date, with the Board and keep open to public inspection at all times during normal business hours, and in each office, the addresses and telephone numbers of all offices, time of regular business hours for all offices, and a schedule with all rates and charges for services rendered by the agency.
(f) All licensed heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration inspection agencies in this State shall make inspections within five days of receipt of an application for inspection and shall issue a certificate of approval within 15 days after final inspection.
(g) All violations noted during an inspection shall be corrected within 15 days and reinspected by the same inspection agency. If not corrected, the inspection agency shall notify the utility concerned and the Board of such violations.
(h) All records of the licensed heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration inspection agencies shall be available for examination by the Division’s investigators; the agency shall inform the Division of the location of all records.
(i) All licensed heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration inspection agencies in this State shall carry general liability insurance and errors and omission insurance of at least $1,000,000 each for claims of property damage or personal injury arising from faulty heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration work approved by the agency, or any of its employees, or other acts or omissions performed by the agency or any of its employees.
(j) All employees of all licensed heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration inspection agencies in this State shall be remunerated on a salary basis only and shall not be given commissions or other bonus incentives for volume of work performed.
§4021. Penalty.
A person, not currently licensed under this Chapter, or exempt from licensure under this Chapter, when guilty of performing heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration work, or using in connection with his or her name, or otherwise assuming or using any title or description conveying, or tending to convey, the impression that he or she is qualified to perform heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, or refrigeration services, such offender shall be guilty of a misdemeanor. Upon the first offense, he or she shall be fined not less than $500.00 nor more than $1,000.00 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000.00 nor more than $2,000.00 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this Chapter."
Section 2. Amend subsection (a), §8807, Title 29 of the Delaware Code by renumbering current paragraph (30) as new paragraph (31) and by renumbering each succeeding paragraph accordingly.
Section 3. Amend subsection (a), §8807, Title 29 of the Delaware Code by adding thereto a new paragraph (30), which new paragraph shall read as follows:
"(30) Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Examiners, as set forth in Chapter 40 of Title 24;"
Section 4. Amend subsection (a), §10161, Title 29 of the Delaware Code by renumbering current paragraph (45) as new paragraph (46) and by renumbering each succeeding paragraph accordingly.
Section 5. Amend subsection (a), §10161, Title 29 of the Delaware Code by adding thereto a new paragraph (45), which new paragraph shall read as follows:
"(45) Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Examiners;"
Section 6. Board appointments.
Members of the original Board shall be appointed so that the terms of one professional member and one public member shall expire one year after the initial appointment; the terms of two professional members, and one public member shall expire two years after the initial appointment; and the terms of one professional member, and one public member shall expire three years after the initial appointment; thereafter, appointments shall be made for a term of three years. Original professional members appointed to the Board shall have met the requirements of §4008(a)(1)a. for master licensee or §4008(a)(2)a. for master restricted licensee.
Section 7. Severability Clause.
If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.
This Act would establish a Board of Heating, Ventilation, Air-Conditioning and Refrigeration Examiners, and establish a formal mechanism to license persons who provide heating, ventilation, air-conditioning, hydronic systems, commercial hood systems, and refrigeration services in this state.
The customary language mirrors that of all other regulatory boards and commissions and includes reference to the responsibilities of the Division of Professional Regulation for recordkeeping, fees, administrative support, investigatory process, among others.
The Act would establish criteria for licensure, a mechanism for disciplinary action, provide for continuing education. All hearings would comply with the Administrative Procedures Act and the adoption of rules and regulations would meet the standards of the Register of Regulations.