The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Board" means the State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors.
"Bona fide representative" means a licensed master HVACR contractor who:
1. In the case of a sole proprietorship, is the owner of the business;
2. In the case of a partnership, is a partner in the business;
3. In the case of a limited liability company, is a manager; or
4. In the case of a corporation, is an executive officer.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Heating, ventilating, air conditioning, and refrigeration" or "HVACR" means the process of treating and protecting the environment by the responsible handling, dispensing, collecting, and cleaning of chlorofluorocarbons and other refrigerants in stationary sources, and controlling the temperature, humidity, and cleanliness of air by using the "wet," "dry," "radiant," "conduction," "convection," "direct," or "indirect" method or combination of methods, including those that utilize solar energy, to meet the environmental requirements of a designated area. "HVACR" also means the provision of propane services and the installation, servicing, connecting, maintenance, or repair of the following:
1. Power boiler systems, hydronic heating systems, fire tube and water tube boilers, pressure steam and hot water boilers, furnaces and space heaters, water recovery systems, and appurtenances utilizing electric, fossil fuel, wood pellets, or solar energy, other than those appurtenances utilized solely for the purpose of heating potable water;
2. Warm air heating or refrigeration and evaporative cooling systems, ventilation and exhaust systems, dust collectors, air handling equipment, heating or cooling coils, air or refrigerant compressors, chillers, cooling towers, evaporators, condensers, plenums, fans, blowers, air cleaners, mechanical ventilation for radon mitigation, humidifiers, filters, louvers, mixing boxes and appurtenances, energy recovery systems, geo-thermal systems (limited to horizontal or lateral connections between wells to the heat pump and appurtenances therefrom into the structure, but does not include the drilling of the well, grouting of the borehole, placement of any components into the well, or decommissioning the borehole, which all require licensing and permitting under N.J.A.C. 7:9D), and related air distribution systems connected to any of these systems and appurtenances;
3. Hydronic heating and chilled water pipe, valves, fittings, burners and piping, hydronic heating, expansion tanks, refrigeration piping, pumps, gauges, humidity, and thermostatic controls;
4. Condensate piping not discharged into a sanitary sewer (disposal of condensate from such piping must be performed pursuant to the Uniform Construction Code and any relevant local ordinances);
5. Natural or manufactured gas piping on the load side of a meter;
6. Supply water piping to equipment being served from an existing dedicated source connected downstream from an approved backflow preventer;
7. The installation of a replacement non-testable backflow device downstream from a pre-existing valve;
8. Pneumatic and/or direct digital controls, control piping, and any type of heat tracing, for the control of air, liquid, or gas temperatures, radiators, convectors, unit cabinet heaters, or fan coil units;
9. Pneumatic and/or direct digital controls and control piping of automatic oil, gas, coal burning, or any other product of combustion equipment, mechanical refrigeration equipment, gasoline, or diesel oil dispensing equipment, and the testing and balancing of air and hydronic systems, but does not include the design or preparation of specifications for equipment or systems to be installed that are within the practice of professional engineering as defined in subsection (b) of section 2 of P.L. 1938, c. 342 (N.J.S.A. 45:8-28); and
10. In replacement cases only, the connection of the wiring from an equipment service disconnect box of adequate size to accommodate pneumatic and/or direct digital controls and control piping of automatic oil, gas, coal burning, or any other product of combustion equipment, mechanical refrigeration equipment, gasoline, or diesel oil dispensing equipment previously dedicated to that equipment, as long as the connection of the wiring is performed according to all relevant provisions in the Uniform Construction Code.
i. The heating or cooling capacity of each piece of equipment is 25 tons or less;
ii. The voltage of the system is 240 volts or less; and
iii. The connection of the wiring is performed according to all relevant provisions in the Uniform Construction Code.
"Heating, ventilating, air conditioning, and refrigeration contracting" means undertaking or advertising to undertake, for a fixed price, fee, commission, or gain of whatever nature, the planning, laying out, installation, construction, maintenance, service, repair, alteration, or modification to any portion of any system, product, or equipment, or appurtenances used for the environmental needs or control of any heating, ventilating, air conditioning, and refrigeration system.
"HVACR apprentice" means a person who is enrolled in an HVACR apprenticeship or other training program including, but not limited to, steamfitter, pipefitter, or sheet metal apprenticeship programs, approved by the United States Department of Labor and who engages in the installation, alteration, repair, service, or renovation of HVACR systems under the supervision of a Master HVACR contractor as part of that apprenticeship or other training program and who has studied and performed the majority of HVACR practices.
"HVACR journeyperson" means any person who installs, alters, repairs, services, maintains, or renovates HVACR systems and who works under the supervision of a Master HVACR contractor and has studied and performed the majority of HVACR practices.
"Master heating, ventilating, air conditioning, and refrigeration contractor" or "Master HVACR contractor" means any person licensed by the Board who obtains a pressure seal and advertises, undertakes, or offers to undertake for another, the planning, laying out, supervising, installing, servicing, maintaining, renovating, testing, commissioning, starting-up, or repairing of HVACR systems, apparatus, or equipment. In order to act as a "Master HVACR contractor," an individual shall be a bona fide representative of the legal entity licensed pursuant to the provisions of this chapter and shall have studied and performed the majority of HVACR practices.
"Propane services" means the performing of safety and leak testing of, and the performing of installation, maintenance, repair, removal, adjustment, and other services to, propane appliances including, without limitation, ranges, water heaters, heaters, furnaces, containers, and other propane fueled systems, for residential and commercial applications.
"Replacement" means a change of equipment with the same type or similar equipment.
"Retrofit" means a change in design, construction, or equipment already in operation in order to incorporate later improvements.
N.J. Admin. Code § 13:32A-1.2
See: 47 N.J.R. 882(a), 47 N.J.R. 2244(a), 47 N.J.R. 3125(b).
In definition " 'Heating, ventilating, air conditioning, and refrigeration' or 'HVACR'", inserted "provision of propane services and"; and added definition "Propane services".
Petition for Rulemaking.
See: 48 N.J.R. 2401(b), 2401(c).
Amended by R.2018 d.163, effective 9/4/2018.
See: 49 N.J.R. 2461(a), 50 N.J.R. 1967(a).
In definition " 'Heating, ventilating, air conditioning, and refrigeration' or 'HVACR' ", paragraph 7, deleted ", in residential dwellings categorized as in Group R-4 or R-5 pursuant to N.J.A.C. 5:23-3.14" following "valve".
Amended by R. 2021 d.081, effective 8/2/2021.
See: 52 N.J.R. 1011(b), 53 N.J.R. 1282(a).
Rewrote definition "HVACR apprentice"; in definition "HVACR journeyperson", inserted "and has studied and performed the majority of HVACR practices"; and in definition " 'Master heating, ventilating, air conditioning, and refrigeration contractor' or 'master HVACR contractor' ", substituted the second occurrence of "Master" for "master" and inserted "and shall have studied and performed the majority of HVACR practices".
Amended by R.2022 d.001, effective 1/3/2022.
See: 51 N.J.R. 910(a), 54 N.J.R. 85(a).
Rewrote definition "Bona fide representative"; and added definition "One percent ownership".