HEATING, VENTILATION, AIR-CONDITIONING AND REFRIGERATION CONTRACTORS

BUSINESS MEETING MINUTES

DATE: October 8, 2008

TIME: 9:30 a.m.

PLACE: 500 N. Calvert Street

3rd Floor Conference Room

Baltimore, Maryland 21202

PRESENT: Larry LeDoyen, Vice Chair

Matthew Warner

Steve Heidler

Walter F. Bell, Jr.

ABSENT: Timothy Craig

STAFF PARTICIPATING: Jack Lesho, Executive Director

Sloane Fried Kinstler, Assistant Attorney General

Patricia R. McCray, Administrative Officer

GUESTS: Michael Cirrilo, Business Agent, Sheetmetal Workers

Baltimore-Local 100

Ed Whalen, Business Agent, Sheetmetal Workers

Baltimore-Local 100

Cliff Savoy, Business Agent, Sheetmetal Workers

Business Office-Local 100

CALL TO ORDER

Vice Chairman, Larry LeDoyen, called the Business Meeting of the State Board of Heating, Ventilation, Air-Conditioning and Refrigeration (“HVACR”) Contractors (“Board”) to order at 9:30 a.m.

APPROVAL OF MINUTES

The members of the Board reviewed the minutes of the August 13, 2008 Board meeting and MOTION I was made by Mr. Bell, seconded by Mr. Heidler, and unanimously carried to approve the minutes without corrections.

COMPLAINT COMMITTEE REPORT

Jack Lesho, Executive Director, submitted an oral report for FY 2008. A complete printed report and the total number of complaints was made available for review. The report given is as follows and may be amended: The Complaint Committee reports that there are a total of 100 open complaints, 17 complaints under Intake Review, 23 complaints in pre-charge review, 7 complaints are in OAH, 4 complaints for panel review, 23 complaints under investigation, 1 complaint for re-investigation and 13 complaints recommended closed. These are the total complaints reviewed this reporting period, August 14, 2008 through October 8, 2008.

MOTION II was made by Mr. Warner, seconded by Mr. Bell, and unanimously carried to approve the complaint committee report without correction.

OLD BUSINESS

Talbot County Cooperative Agreement has been returned to the Board with all necessary signatures. Copies of the agreement will be forwarded to Talbot County for their files after Mr. LeDoyen, Vice Chairman, has applied his signature.

NEW BUSINESS

Michael Cirrilo, Business Agent, for Sheet Metal Workers Union Local 100 addressed the Board with concerns regarding individuals who do not currently hold journey license and had not, for various reasons, applied for the license during the grandfathering period which expired October 1994. Mr. Cirrilo requested that the Board reinstate a grandfather period to allow those who have the experience and who hold an apprentice license to obtain a journey license without examination, with the local union providing proof of that individual’s experience. Matthew Warner, Board member, opined that the industry may not have been sufficiently notified of the “grandfather” period, allowing for licensure based on proof of sufficient work experience, when the Maryland Legislature initially enacted laws creating the HVACR Board and licensing program. Counsel for the Board, Ms. Kinstler, advised that the Board has no authority to grant an extension or implement a “grandfather” license period, allowing for licensure without examination or other statutory requirements, without the authority by statute from the Maryland Legislature. Ms. Kinstler also explained that the Departmental deadline for boards to submit legislation has expired, and that if the Local Union wished to have this effort considered in the 2009 Legislative session, that it consider doing so through the industry. The Board did not vote on whether it would support or oppose such an effort without first reviewing the language of any such bill.

CORRESPONDENCE

City of Crisfield Cooperative Agreement

City of Crisfield has forwarded a Cooperative Agreement for the Board to review and execute after review by Counsel.

International Mechanical Code

Donald Richardson, Architect for the Town of Easton, forwarded an email to the Board with a question regarding the International Mechanical Code, 2006 edition, making exception for detached single and two family dwellings. Mr. Richardson assumed that the Board had adopted the International Residential Code and had deleted the mechanical provisions and chapters. Jack Lesho, Executive Director, will respond to the email and was asked by Board members to point out that the State did not adopt the International Residential Code but the International Mechanical Code the State did adopt. This was tabled until next month.

EXECUTIVE SESSION

Motion II was made by Mr. Walter Bell, seconded by Mr. Steve Heidler, and unanimously carried that the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors go into Executive Session, at 10:30 a.m., 500 N. Calvert Street, 3rd Floor Conference Room, Baltimore, Maryland 21202. The meeting is permitted to be closed pursuant to State Government Article, Annotated Code of Maryland, § 10-508(a)(7). The purpose of the meeting was to consult with counsel to review and discuss confidential materials pertaining to applicants for licensure. The Board reconvened into public session at 11:40 a.m.

Motion VI was made by Mr. Warner, seconded by Mr. Bell, and unanimously carried that the Board accepts the dispositions rendered in the Executive Session.

COUNSEL'S REPORT

None.

Review of Applicants

The following applications to sit for license examinations were reviewed and the Board’s disposition of the matters are as follows:

Twelve applicants were approved to sit for the master license examination.

Three applicants were approved to sit for the master restricted license examination.

Two applicants were approved to sit for the journey license examination.

Four applicants were approved to sit for the journey restricted license examination.

Three applicants were approved to sit for the inspector license examination.

Adjournment

There being no further business, a motion was made by Mr. Heidler that all business presented be accepted. The motion was seconded by Mr. Craig, and unanimously carried that the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors adjourn at 12:30 p.m.

√ Approved without corrections

Approved with corrections

Larry LeDoyen 11/14/2008

Larry LeDoyen, Vice Chairman Date

IT WAS DETERMINED THAT THE NEXT MEETING OF THE BOARD WILL BE HELD ON WEDNESDAY, NOVEMBER 12, 2008 AT 9:30 A.M. IN THE 3RD FLOOR CONFERENCE ROOM AT 500 N. CALVERT STREET.

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