STATE BOARD OF HEATING, VENTILATION, AIR-CONDITIONING AND
REFRIGERATION CONTRACTORS
BUSINESS MEETING MINUTES
DATE: December 14, 2011
TIME: 9:30 a.m.
PLACE: 500 N. Calvert Street
2nd Floor Conference Room
Baltimore, Maryland 21202
PRESENT: James Johnson, Chair
Allen Clinedinst III
Robert Gawne
Valencia Johnson
Fred Matusky
George Warren
STAFF
PARTICIPATING: Raquel M. Meyers, Administrative Specialist
Sloane Fried Kinstler, Assistant Attorney General
Steven Smitson, Assistant Commissioner,
GUESTS: Diane Goldberg; Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC
Dale Troll, Local 486
Woody Woodall, Mechanical Service Contractors of America
CALL TO ORDER
Chairman, James Johnson, 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 October 12, 2011 business meeting and MOTION I was made by Mr. Matusky, seconded by Mr. Gawne and unanimously carried to approve the minutes as presented.
APPLICATION REVIEW COMMITTEE REPORT
Ms. Kinstler reported that the Application Review Committee considered 4 applications for an original apprentice license; 1 application was accepted and 3 applications were returned with a request that the applicant provide additional information.
MOTION II was made by Mr. Matusky, seconded by Mr. Warren and unanimously carried to approve the Application Review Committee report as presented.
COMPLAINT COMMITTEE REPORT
The Complaint Committee did not have a report.
PSI EXAM STATISTICS
Below is the examination statistics summary for the months of October and November 2011.
October
HVAC / Candidates Tested / Passed / Failed / Pass %Journeyman Res A/C / 5 / 3 / 2 / 60%
Journeyman Res Forced Air / 4 / 1 / 3 / 25%
Journeyman Res Hydronic / 0 / 0 / 0
Journeyman Res Refrig / 0 / 0 / 0
Journeyman Res Vent / 3 / 1 / 2 / 33%
Journeyman HVACR / 17 / 7 / 10 / 41%
Limited HVACR Cont / 0 / 0 / 0
Master HVACR Cont / 7 / 6 / 1 / 86%
Master A/C / 1 / 0 / 1 / 0%
Master Forced Air / 3 / 0 / 3 / 0%
Master Hydronic / 1 / 1 / 0 / 100%
Master Refrig / 0 / 0 / 0
Master Vent / 2 / 0 / 2 / 0%
TOTAL / 43 / 19 / 24 / 44%
November
HVAC / Candidates Tested / Passed / Failed / Pass %Journeyman Res A/C / 4 / 0 / 4 / 0%
Journeyman Res Forced Air / 5 / 3 / 2 / 60%
Journeyman Res Hydronic / 1 / 1 / 0 / 100%
Journeyman Res Refrig / 1 / 0 / 1 / 0%
Journeyman Res Vent / 2 / 2 / 0 / 100%
Journeyman HVACR / 25 / 8 / 17 / 32%
Limited HVACR Cont / 0 / 0 / 0
Master HVACR Cont / 6 / 4 / 2 / 67%
Master A/C / 3 / 1 / 2 / 33
Master Forced Air / 3 / 2 / 1 / 67%
Master Hydronic / 1 / 1 / 0 / 100%
Master Refrig / 0 / 0 / 0
Master Vent / 3 / 2 / 1 / 67%
TOTAL / 54 / 24 / 30 / 44%
OLD BUSINESS
Legislative Update
Mr. Smitson informed the Board that the Board’s legislative proposal to amend the board’s enforcement authority and disciplinary actions was approved by the Office of the Secretary.
Ratios
The board discussed the issue of companies that appear to employ apprentices rather than journeymen or master licensees to perform HVACR services. Ms. Kinstler reminded the board that the legislature did not set a limit on the number of apprentices that can be on the jobsite under the direct control and supervision of a licensed master. She suggested that the complaint committee meet with Chief Counsel to determine whether there was a pattern of complaints that could not be addressed under the present statute and regulations, and whether there was a need to propose a bill for the next legislative session to address this issue. The board may also consider pursuing regulatory charges for negligence against any licensed master if the board believes that the individual failed to supervise or train an apprentice under his supervision or control.
NEW BUSINESS
Workplace Fraud Unit
Chairman Johnson suggested that the board invite a representative for the Department’s Workplace Fraud Unit to address the board about its work and the issue of worker misclassification. .
Presentation by Woody Woodall, Chair of MSCA
Woody Woodall, 2012 Chair of the Board of Mechanical Service Contractors of America (MSCA), addressed the board about the HVAC Star Certification program. MSCA has developed a test to qualify individuals for working in different parts of the trade. NITC administers the test and offers it for each category. Texas has adopted the test as one of its qualifiers to licensure. In addition, Mr. Woodall informed the Board that the MSCA’s apprentice training program has been approved by the Apprentice and Training Council. The board members thanked Mr. Woodall for his presentation.
Updating Board’s Regulations
Ms. Kinstler requested that the board consider updating its regulations to with regard to the International Mechanical Code (IMC) in order to adopt the 2009 Code. The current regulations are outdated. A committee of the board will be formed to work on producing the update.
CORRESPONDENCE
None
COUNSEL'S REPORT
None.
CHAIRMAN’S REPORT
None.
Adjournment
MOTION III was made by Ms. Johnson, seconded by Mr. Gawne, unanimously carried to adjourn the meeting. There being no further business meeting was adjourned at 10:45 a.m.
Approved without corrections
Approved with corrections
James Johnson, Chairman Date
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