STATE BOARD OF PLUMBING

BUSINESS MEETING

MINUTES

DATE: October 15, 2009

TIME: 10:30 a.m.

PLACE: 500 North Calvert Street

Room 302

Baltimore, Maryland 21202

PRESENT: Charles J. Morgan, Jr., Chair

Keith Horton, Board Member

Jon Garner, Board Member

Russell Wiebking, Board Member

Charles Lenderking, Board Member

Michael Kastner, Board Member

Joseph Radtka, Board Member

ABSENT: Nicole J.C. Daniels, Board Member

OTHERS PRESENT: Stanley Botts, Commissioner

Sloane Fried Kinstler, Assistant Attorney General

Steven Smitson, Assistant Commissioner

Brenda Clark, Administrative Officer

Diane Kastner, Member of the public

Jim Berndt, Member of the public

CALL TO ORDER:

Chairman Morgan called the Business Meeting of the State Board of Plumbing to Order at 10:35 a.m.

EXECUTIVE SESSION:

Upon Mr. Horton’s Motion, and Mr. Wiebking’s Second, the Board unanimously voted to enter into Executive Session at 10:40 a.m. in the 3rd Floor Conference Room, 500 North Calvert Street, Baltimore, Maryland 21202, in order to consult with the Board’s Counsel regarding license applications. Upon completion of this session, the Board convened to the public meeting at 10:50 a.m.

APPROVAL OF MINUTES:

The Members reviewed the minutes of the Business Meeting and Executive Session held on September 17, 2009. Upon Mr. Radtka’s Motion, and Mr. Garner’s second, the Board unanimously voted to approve the minutes as corrected and the Executive Session as presented.

COMPLAINT COMMITTEE REPORT:

INVESTIGATION

Plum 100022

PRECHARGE

Plum 090068 Plum 100025

Upon Mr. Lenderking’s Motion, and Mr. Kastner’s second, the Board unanimously voted to approve the complaint committee report.

OLD BUSINESS:

A. UPDATE ON REGULATION PROPOSED FOR BACKFLOW PROVIDERS

Mr. Smitson informed the Board that Mr. Loleas is still in the process of working on the proposed regulation and will have an update at the next business meeting.

B. REVIEW OF THE PSI EXAMINATION STATISTICAL SUMMARY INFORMATION FOR OCTOBER 2009

Plumber Candidates Tested Passed Failed Pass %

Journey Natural Gas Fitter 0 0 0 0

Journey Plumber/Gas Fitter 70 29 41 41

Master Natural Gas Fitter 0 0 0 0

Master Plumber/Gas Fitter 13 4 9 31

C. CONTINUED DISSCUSION ON RED FLAG DUAL LICENSING

Mr. Garner discussed with the Board red flag dual licensing, expressing his concern regarding individuals obtaining apprentice licenses for Plumbing and HVAC consecutively, then applying for an examination to upgrade both licenses using the same work hours (experience) for both. Mr. Smitson explained to the Board that the computer (AS/400 program) can identify an individual applying for both licenses; notification would then be sent to the individual informing them that the same work experience (work hours) can not be counted consecutively for upgrading either license.

D. CONTINUED DISCUSSION REGARDING COURSE PROVIDERS FOR PROPANE

Mr. Lenderking discussed course providers for propane; he informed the Board that Mid Atlantic has classes all over the State and should be recognized for its work. Mr. Lenderking requested that Mid Atlantic be added on the State Board of Plumbing website as a course provider for propane. Upon Mr. Kastner’s Motion and Mr. Horton’s second, the Board unanimously voted to update the website as requested.

E. CONTINUED DISCUSSION REGARDING ANNE ARUNDEL COUNTY

Ms. Kinstler, Counsel for the Board, reviewed from Ms. Kathryn M. Rowe, Assistant Attorney General for the Legislative Office in Annapolis to the Honorable Robert A. Costa in regards to Anne Arundel County regulations regarding utility work in Anne Arundel County. Ms. Kinstler will correspond with Ms. Rowe informing her of the Board’s position that the work in question is performed on private property.

F. UPDATE ON THE WATER RECLAMATION REUSE MEETING

Mr. Radtka updated the Board on the meeting he attended with the Maryland Department of the Environment (MDE). He discussed with the Board some concerns MDE and the Water Reclamation Reuse Committee have for the gray water regulation, purple pipe regulation and Appendix G, proposed regulations for legislation. Upon discussion, the Board recommended that Mr. Radtka send a copy of the MDE proposed regulation to Mr. Richard Wagner, PE, Chairman, of the National Standard Plumbing Code Committee and invite Mr. Wagner to attend the next MDE meeting with Mr. Lenderking and himself. The Plumbing Board also requested a copy of the regulation for review.

NEW BUSINESS:

A. DISCUSSION REGARDING RECIPROCATION OF A JOURNEY PLUMBER FROM DELAWARE

Following review, the Board denied an application from an individual requesting to reciprocate a journeyman certificate from the State of Delaware for a journey plumber/gasfitter license with Maryland. To reciprocate with another State, the requirements and qualifications must be similar. Maryland does reciprocate with the State of Delaware for a master plumber/gasfitter’s license. The journeyman certificate from Delaware is not similar to Maryland’s journey license. Mr. Lenderking informed the Board that upon completion of the apprenticeship program and two years experience under a Delaware master plumber, an individual would then qualify for the Delaware masters test.

B. DLLR UPDATE FROM COMMISSIONER BOTTS

Mr. Botts, Commissioner, informed the Board that the Department has welcomed a new Secretary, Mr. Alexander M. Sanchez.

CORRESPONDENCE:

A.  THE BOARD REVIEWED CORRESPONDENCE FROM MARTI ROUNTREE

Mr. Rountree informed the Board that he has an apartment complex with gas on the property for heat and hot water heaters that send water in the main line of the building. He inquired whether a maintenance person can repair the plumbing in the units. Upon the Board’s review, it was determined that would be a case of “incidental plumbing” work. The Board requested that Mr. Smitson correspond with Mr. Rountree, quoting the law regarding incidental plumbing services.

B.  THE BOARD REVIEWED CORRESPONDENCE FROM JAY RAAB, JLR DESIGN

CONSULTANTS, INC.

Mr. Raab inquired whether the top of floor sinks that are installed in a commercial kitchen for indirect waste should be flushed with the floor. Upon review, the Board stated that the tops of floor sinks should be flushed with the floor. Ms. Clark will correspond with Mr. Raab informing him of this discussion.

C.  THE BOARD REVIEWED EMAIL CORRESPONDENCE FROM MR. PRITAM ARORA, P.E. PRESIDENT OF DESIGN ENGINEERING INC.

Mr. Pritam inquired whether there has been any reconsideration by the Plumbing Board for the approval of waterless urinals. Upon review, the Board stated that because waterless urinals do not have a liquid seal, they are not approved. The Board requested that Mr. Smitson inform Mr. Pritan of the Board’s position.

CHAIR’S REPORT

None.

APPROVAL OF DECISIONS MADE DURING EXECUTIVE SESSION:

Upon Mr. Lenderking’s Motion, and Mr. Kastner’s second, the Board unanimously voted to approve the decisions made during Executive Session.

ADJOURNMENT:

A Motion was made by Mr. Wiebking, Seconded by Mr. Horton and unanimously carried by the Board to adjourn the meeting at 12:25 p.m.

______

Charles J. Morgan, Jr., Chairman

______Without Corrections

______With Corrections

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