Bill Text: DE HB302 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 24 And Title 29 Of The Delaware Code Relating To The Licensure Of Thermal System Insulation Mechanics.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Introduced - Dead) 2012-05-08 - Amendment HA 1 - Introduced and Placed With Bill [HB302 Detail]
Download: Delaware-2011-HB302-Draft.html
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SPONSOR: |
Rep. J. Johnson & Sen. DeLuca |
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Reps. Bolden, Brady, Jaques, Keeley, Mulrooney, Osienski, Walker, D.E. Williams; Sen. Ennis |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 302 |
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AN ACT TO AMEND TITLE 24 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE LICENSURE OF THERMAL SYSTEM INSULATION MECHANICS. |
Section 1. Amend Title 24 of the Delaware Code by making insertions as shown by underlining as follows:
Chapter 56.BOARD OF THERMAL SYSTEM INSULATION
Subchapter I.Board of Thermal System Insulation
§5601 Objectives.
The primary objective of the Board of Thermal System Insulation, to which all other objectives are secondary, is to protect the general public, specifically those persons who are direct recipients of services regulated by this chapter, from unsafe practices.The secondary objectives of the Board are to maintain a 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 complaint hearings; shall promulgate rules and regulations; and shall impose sanctions, where necessary against licensees.
§5602 Definitions.
The following words, terms, and phrases, when used in this chapter, have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning:
(1) "Board" means the State Board of Thermal System Insulation.
(2) "Building" means a commercial, industrial, residential building, structure, or facility but does not include a residential building, structure, or facility that contains 3 or fewer residential units.
(3) "Mechanic" means a person who installs or maintains thermal system insulation in heating, ventilating, cooling, plumbing, processing or refrigeration systems.
(4) "Thermal system insulation" means a product that is used in a heating, ventilating, cooling, plumbing, processing, or refrigeration system to insulate any hot or cold surface, including a pipe, duct, valve, boiler, flue, or tank, or equipment on or in a building.
§5603 Board of Thermal System Insulation; composition; qualification; term; vacancies; suspension or removal; unexcused absences; compensation.
(a) The State Board of Thermal System Insulation shall administer and enforce this chapter.
(b) The Board shall consist of 7 members, appointed by the Governor and who are residents of this state. There shall be two members that represent major insulation companies, one member that is an architect licensed to do business in this state with work experience in the area of indoor air quality, two members who are mechanics with at least 10 years of experience in the area of heat and frost insulation, one member who is a plumbing, heating, or HVACR contractor in this state and one public member.
(c) Except as provided in subsection (d) of this section, each Board member serves a term of 3 years and may succeed himself or herself for 2 additional terms; provided, however, that if a member is initially appointed to fill a vacancy, the member may succeed himself or herself for only 2 additional full terms. A person appointed to fill a vacancy on the Board holds office for the remainder of the unexpired term of the vacating member. A term of office expires on the date specified in the appointment; however, a Board member whose appointment has expired remains eligible to participate in Board proceedings until replaced by the Governor.
(d) A person who has never served on the Board may be appointed to the Board for 3 consecutive terms; but the person is thereafter ineligible to serve for 3 consecutive terms. A person who has been appointed 3 times to the Board or who has served on the Board for 9 years within any 12-year period may not again be appointed to the Board until an interim period of at least 1 term has expired since the person last served.
(e) An act or vote on Board business by a person appointed to the Board in violation of this section is invalid.
(f) The Governor shall suspend or remove a member of the Board for the member's misfeasance, nonfeasance, malfeasance, misconduct, incompetence, neglect of duty, or for other good cause. "Neglect of duty" means the failure to attend, without adequate reason, 3 consecutive regular business meetings, or at least half of all regular business meetings during any calendar year. A member subject to a disciplinary hearing may not participate in Board meetings until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal to the Superior Court a suspension or removal initiated pursuant to this subsection.
(g) The provisions of the State Employees', Officers' and Officials' Code of Conduct set forth in Chapter 58 of Title 29 apply to the members of the Board.
(h) The Division shall reimburse Board members for expenses involved in each meeting, including travel, according to Division policy. A member may not receive more than $50 for each meeting attended, and not more than $500 in any calendar year.
§ 5604. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, at other times as the president of the Board considers necessary, and at the request of a majority of the Board members.
(b) The Board shall elect annually a president, vice president, and secretary. Each term of office is for 1 year. An officer may not serve for more than 3 consecutive years in the same office.
(c) A majority of the members of the Board constitutes a quorum for the purpose of transacting business. However, at least 4 Board members must vote affirmatively to find that grounds for discipline exist and to impose a sanction for a disciplinary violation.
(d) Minutes of all meetings of the Board must be recorded. The Division shall maintain copies of the recorded minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. A person requesting a transcript incurs the expense of preparing the transcript.
The Division shall keep a register of all approved applications for licensure as thermal system insulation mechanics and shall keep complete records relating to meetings of the Board, examinations, rosters of licensees, changes to the Board's rules and regulations, complaints, hearings, and other matters as the Board determines. Records kept in accord with this section are prima facie evidence of the proceedings of the Board.
§5606. Authority of the Board.
(a) The Board of Thermal System Insulation shall have the authority to:
(1) Administer and enforce the provisions of this chapter and of rules and regulations promulgated under this chapter;
(2) Promulgate rules and regulations necessary or desirable to carry out the objectives of this chapter, including rules and regulations to carry out the objectives governing licensure and the requirements for continuing education;
(3) Designate the application form to be used by all applicants and process all applications;
(4) Evaluate certified records to determine whether an applicant for licensure, who is or has been licensed, registered, or otherwise authorized to provide services in another jurisdiction, has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against the applicant for such act or offense;
(5) Grant licenses to and renew licenses of, all applicants who meet the qualifications set forth in this chapter;
(6) Refer all complaints concerning thermal system insulation mechanics to the Division of Professional Regulation for investigation pursuant to §8735(h) of Title 29; 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;
(7) Hold hearings and take such actions as are permitted under the Administrative Procedures Act, Chapter 101 of Title 29;
(8) Designate and impose appropriate sanction or penalty after time for appeal has lapsed, if the Board determines after a disciplinary hearing that the sanction or penalty should be imposed;
(9) Promulgate rules establishing standards for the installation and maintenance of thermal system insulation in buildings. The Board shall base the standards, to the extent possible, on national industry standards for installing and maintain thermal system insulation. On January 31, 2014, thermal system insulation in buildings shall conform to these standards.
Subchapter IILicense – Thermal System Insulation
§5607. License required; exemptions.
(a) No person may install or maintain thermal system insulation in any building nor hold himself or herself out to the public as being a licensed thermal system insulation mechanic unless that person has been licensed as a thermal system insulation mechanic under this chapter, or exempted from the provisions of this chapter pursuant to subsection (c) of this section.
(b) If the license of a thermal system insulation mechanic has expired or been suspended or revoked, it is unlawful for the holder of the expired, suspended, or revoked license to perform thermal system insulation services in this State.
(c) An individual may provide thermal system insulation service without being licensed under this chapter if:
(1) The individual is working under the direct supervision of a licensed thermal system insulation mechanic at a jobsite in which the ratio of unlicensed individuals performing thermal system insulation service is no more than one unlicensed individual performing thermal system insulation service to three licensed mechanics;
(2) The individual is serving an apprenticeship in the installation and maintenance of thermal system insulation in an apprenticeship program approved by the Board;
(3) The Board issues a temporary or emergency license that is valid for no more than 30 day in a 1 year period. The Board may promulgate regulations establishing standards and procedures for the issuance of temporary and emergency licenses for mechanics; or
(4) The individual is making minor repairs to thermal system insulation.
(d) The penalty for a violation of this section is, for the first offense, a fine of not less than $500 nor more than $1000, and for a second or subsequent offense, a fine of not less than $1000 nor more than $2000.Superior Court shall have jurisdiction over violations of this section.
§5608. Qualifications of applicant
(a) An applicant, who is applying for licensure as a thermal system insulation mechanic shall submit evidence, satisfactory to the Board, and verified by oath or affirmation, that the applicant:
(1)Has met either of the following requirements:
i. He or she has at least 8000 hours of experience installing and maintainingthermal system insulation under the supervision of a licensed thermal system insulation mechanic; or
ii. He or she has successfully completed training in installing and maintaining thermal system insulation under an apprenticeship program that is approved by the Board.
(2) Has not received any administrative penalties regarding the applicant's practice, including, but not limited to, fines, formal reprimands, license suspension or revocation (except for license revocation for nonpayment of license renewal fees), probationary limitations, and consent agreements which contain conditions placed by a Board on the applicant's occupational conduct or practice, including the voluntary surrender of a license, certificate, registration, or other authorization to provide plumbing services. The Board may determine after a hearing whether the imposition of a particular administrative penalty is grounds to deny licensure.
(3) Does not have any disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or is currently authorized to provide plumbing services; or have a criminal conviction record or any pending criminal charges relating to an incident, the circumstances of which substantially relate to providing thermal system insulation services. An applicant who has such a criminal conviction record or any such pending criminal charges must request appropriate authorities to provide information about the record or charges directly to the Board in sufficient specificity to enable the Board to make a determination of whether the record or charge is substantially related to providing thermal system insulation services. However, after a hearing or review of documentation that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(3) herein if it finds all of the following:
a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
c. The applicant is capable of practicing thermal system insulation services in a competent and professional manner.
d. The granting of the waiver will not endanger the public health, safety or welfare.
(a) Upon submission and acceptance of a written application on forms provided by the Board, along with payment of the required fee, the Board shall grant a license to each applicant who presents proof of current licensure in good standing in another state, the District of Columbia, or a territory of the United States whose standards for licensure are substantially similar to those of this State and who submits the verified evidence described in §5608 of this title.
(b) An applicant who is licensed by another state, the District of Columbia, or a territory of the United States whose standards for licensure are not substantially similar to those of this State must have practiced for a minimum of 7 years after licensure, in addition to meeting the other qualifications for reciprocity in this section.
The amount set by the Division for each fee imposed under this chapter must approximate and reasonably reflect the costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its services on behalf of the Board. A separate fee may be charged for each service or activity, but a fee may not be charged unless the service or activity is specified in this chapter. The application fee may not be combined with any other fee. At the beginning of each licensure biennium, the Division, or another State agency acting in its behalf, shall compute the fees for each separate service or activity for the licensure biennium.
§ 5611. Issuance and renewal of licenses.
(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a ThermalSystem Insulation Mechanic and who pays the appropriate fees established under §5610 of this title.
(b) A license is renewable biennially in a manner determined by the Division, upon payment of the appropriate fee, submission of a renewal form provided by the Division, and proof that the licensee has met any continuing education requirements established by the Board.
(c) The Board, in its rules and regulations, shall determine the period of time within which a licensee may renew that licensee's license, notwithstanding the fact that the licensee failed to renew that licensee's license on or before the designated renewal date; provided, however, that the period of time may not exceed 1 year beyond the designated renewal date.
(d) A licensee, upon the licensee's written request, may be placed on inactive status for no more than 5 years. A licensee on inactive status who desires to reactivate that licensee's license must complete and submit an application form approved by the Board, submit the reactivation fee set by the Division, and submit proof of fulfillment of any continuing education requirements established by the Board.
(a) All complaints received by the Division must be investigated in accordance with § 8735 of Title 29. The Division must issue a final written report at the conclusion of its investigation.
(b) If the Board determines that a person has provided or is providing Thermal System Insulation services or has used or is holding him or herself out as a Thermal System Insulation Mechanic contrary to the requirements of this chapter, the Board shall request that the Office of the Attorney General issue a cease and desist order and/or prosecute the person.
§ 5613. Grounds for discipline or other remediation.
An individual licensed under this chapter is subject to disciplinary sanctions set forth in §5614 of this title or other appropriate remediation, if, after a hearing, the Board finds that the licensee has:
(1) Employed or knowingly cooperated in fraud or material deception in order to acquire a license, has allowed another person to use that licensee's license, or has aided or abetted an unlicensed to represent himself or herself as an individual licensed pursuant to this chapter;
(2) Illegally, incompetently, or negligently provided Thermal System Insulation services;
(3) Been convicted of an offense, the circumstances of which substantially relate to providing Thermal System Insulation services. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction;
(4) In the last 2 years used illegal drugs; used prescription drugs without a prescription; excessively used legally prescribed drugs; or abused alcoholic beverages or drugs to the extent that it impaired that licensee's ability to provide services authorized under this chapter with reasonable skill, competence, and safety to the public;
(5) Engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities;
(6) Violated a provision of this chapter or any lawful regulation established hereunder;
(7) Had that licensee's license as a Thermal System Insulation mechanic licensee suspended or revoked, or been subjected to other adverse action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for the suspension, revocation, or other adverse 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 licensing authority in the other jurisdiction constitute 1 or more of the acts listed in this section. A person licensed in this State is deemed to have given consent to the release of information regarding license suspension or revocation or other adverse action taken by the Board or by comparable agencies in other jurisdictions and to have waived all objections to the admissibility of previously adjudicated evidence of the acts or offenses which underlie license suspension or revocation or other adverse action;
(8) Failed to notify the Board that the licensee's license to provide services authorized under this chapter in another jurisdiction has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, or of the surrender, suspension, or revocation of the license shall be conclusive evidence thereof; and
(9) A physical or mental impairment that prevents that licensee from providing services authorized under this chapter with reasonable skill, competence, and safety to the public.
§ 5614. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it determines that a licensee has violated a ground for discipline set forth in §5613 of this title:
(1) Issue a letter of reprimand to the licensee;
(2) Censure the licensee;
(3) Place the licensee on probationary status and require that licensee to:
a. Report regularly to the Board upon the matters that are the basis of the probation; and/or
b. Limit all practice and professional activities to those areas prescribed by the Board;
(4) Suspend the license of the licensee;
(5) Revoke the license of the licensee;
(6) Prescribe an administrative penalty, not to exceed $500 for each violation.
(b) The Board may withdraw or reduce conditions of probation imposed pursuant to paragraph (a)(3) of this section, if it finds that the deficiencies that required the conditions of probation to be imposed have been remedied.
(c) If the Board suspends a licensee due to an impairment pursuant to §5613(9) of this title, the Board may reinstate the license if, after a hearing, the Board is satisfied that the licensee is able to provide professional services with reasonable skill, competence, and safety to the public.
(a) If a complaint alleging that a licensee has violated §5613 of this title is filed with the Division pursuant to §8735(h) of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. The Division shall give notice of the hearing and the Board shall conduct the hearing in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) A hearing conducted pursuant to this section is informal, without the use of the Delaware Rules of Evidence. If the Board decides by the affirmative votes of 5 or more members that a licensee has violated §5613 of this title, the Board may take any action permitted under this chapter that the Board considers reasonable. The Board's decision must be in writing and must include the reasons for the decision. The Board shall immediately mail its decision to the licensee or personally serve the licensee with the decision.
(c) If a licensee disagrees with the decision of the Board, the licensee may appeal the Board's decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to that licensee, or within 30 days of personal service. Upon appeal, the Court shall review the evidence on the record. A stay pending review may be granted by the Court in accordance with §10144 of Title 29.
§ 5616. Reinstatement of a suspended license; removal from probationary status; replacement of license.
(a) The Board may reinstate a suspended license if, after a hearing, the Board is satisfied that the licensee has taken the required corrective actions and has otherwise satisfied all of the conditions imposed pursuant to the license suspension and/or probation period.
(b) An individual seeking license reinstatement and/or removal from probationary status must pay the appropriate fees and submit the documentation required by the Board to show that all the conditions imposed pursuant to the license suspension and/or the probation period have been met. Proof that the individual has met the continuing education requirements of this chapter may also be required.
(c) If a license is lost, destroyed, or mutilated, a replacement license may be issued subject to the rules of the Board. A charge must be assessed for the issuance of a replacement license.
Section 2. Amend §8735(a), Title 29 of the Delaware Code by making insertion as shown by underlining and deletions as shown by strike through as follows:
(a) The Division of Professional Regulation shall have the powers, duties and functions set forth in this section. The Division shall be responsible for the administrative, ministerial, budgetary, clerical and exclusive investigative functions (including but not limited to the appointment, removal, compensation and duties of employees) as provided by law of the following commissions, boards and agencies, with the exception that the Secretary of State shall not be precluded from entering into a memorandum of understanding with the Secretary of the Department of Health and Social Services for the purpose of allowing employees of the Department of Health and Social Services to function as inspectors, investigators and administrative support for the Board of Pharmacy:
(1) Board of Accountancy as set forth in Chapter 1 of Title 24;
(2) Board of Landscape Architecture as set forth in Chapter 2 of Title 24;
(3) Board of Architects as set forth in Chapter 3 of Title 24;
(4) Board of Podiatry as set forth in Chapter 5 of Title 24;
(5) Board of Chiropractic as set forth in Chapter 7 of Title 24;
(6) Licensing of deadly weapons dealers as set forth in Chapter 9 of Title 24;
(7) State Board of Dentistry and Dental Hygiene as set forth in Chapter 11 of Title 24;
(8) Board of Electrical Examiners as set forth in Chapter 14 of Title 24;
(9) Commission on Adult Entertainment Establishments as set forth in Chapter 16 of Title 24;
(10) Board of Medical Licensure and Discipline as set forth in Chapter 17 of Title 24;
(11) Board of Nursing as set forth in Chapter 19 of Title 24;
(12) Board of Occupational Therapy Practice as set forth in Chapter 20 of Title 24;
(13) Board of Examiners in Optometry as set forth in Chapter 21 of Title 24;
(14) Board of Pharmacy as set forth in Chapter 25 of Title 24;
(15) Examining Board of Physical Therapists and Athletic Trainers as set forth in Chapter 26 of Title 24;
(16) Board of Professional Land Surveyors as set forth in Chapter 27 of Title 24;
(17) Real Estate Commission as set forth in Chapter 29 of Title 24;
(18) Board of Mental Health and Chemical Dependency Professionals as set forth in Chapter 30 of Title 24;
(19) Board of Funeral Services as set forth in Chapter 31 [repealed] of Title 24;
(20) Board of Veterinary Medicine as set forth in Chapter 33 of Title 24;
(21) Board of Examiners of Psychologists as set forth in Chapter 35 of Title 24;
(22) Board of Geologists as set forth in Chapter 36 of Title 24;
(23) Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers as set forth in Chapter 37 of Title 24;
(24) Board of Clinical Social Work Examiners, as set forth in Chapter 39 of Title 24;
(25) Board of Cosmetology and Barbering as set forth in Chapter 51 of Title 24;
(26) Board of Examiners of Nursing Home Administrators as set forth in Chapter 52 of Title 24;
(27) Board of Pilot Commissioners as set forth in Chapter 1 of Title 23;
(28) Committee of Dietetics/Nutrition as set forth in Chapter 38 of Title 24;
(29) Board of Massage and Bodywork, as set forth in Chapter 53 of Title 24;
(30) Board of Charitable Gaming as set forth in Chapter 15 of Title 28;
(31) Board of Plumbing Examiners, as set forth in Chapter 18 of Title 24;
(32) Board of Athlete Agent Examiners as set forth in Chapter 54 of Title 24;
(33) Board of Insulation Thermal System Insulation Mechanics as set forth in Chapter 56 of Title 24;
(3334)
Council on Real Estate Appraisers as set forth in Chapter 40 of Title 24; and
(3435)
Manufactured Home Installation Board as set forth in Chapter 44 of Title 24.
Section 3. Amend §10161(a), Title 29 of the Delaware Code by making insertion as shown by underlining and deletions as shown by strike through as follows:
(a) This chapter shall apply only to the following agencies:
(1) Alcoholic Beverage Control Commission;
(2) State Banking Commissioner;
(3) Public Service Commission;
(4) Real Estate Commission;
(5) State Human Relations Commission;
(6) Tax Appeal Board;
(7) State Insurance Commissioner;
(8) Industrial Accident Board;
(9) Environmental Appeals Board;
(10) Coastal Zone Industrial Control Board;
(11) State Board of Education;
(12) Merit Employee Relations Board;
(13) Division of Boiler Safety;
(14) Board of Veterinary Medicine;
(15) Board of Landscape Architecture;
(16) Board of Clinical Social Work Examiners;
(17) Board of Architects;
(18) Board of Podiatry;
(19) Board of Pilot Commissioners;
(20) Board of Chiropractic;
(21) State Board of Electrical Examiners;
(22) Board of Medical Licensure and Discipline;
(23) Council of the Delaware Association of Professional Engineers;
(24) Board of Occupational Therapy Practice;
(25) Division of Child Support Enforcement;
(26) Board of Mental Health and Chemical Dependency Professionals;
(27) State Board of Dentistry and Dental Hygiene;
(28) Board of Nursing;
(29) Board of Examiners in Optometry;
(30) Board of Examiners of Psychologists;
(31) Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers;
(32) Board of Professional Land Surveyors;
(33) Board of Accountancy;
(34) Board of Pharmacy;
(35) Board of Geologists;
(36) Board of Cosmetology and Barbering;
(37) Commission on Adult Entertainment Establishments;
(38) Board of Physical Therapy and Athletic Trainers;
(39) Real Estate Commission;
(40) Board of Funeral Services;
(41) Board of Examiners of Nursing Home Administrators;
(42) Delaware Board of Charitable Gaming;
(43) Board of Massage and Bodywork;
(44) Committee of Dietetics/Nutrition;
(45) Council on Real Estate Appraisers.
(46) Child Placement Review Board;
(47) The Professional Standards Board;
(48) Election Commissioner;
(49) Board of Plumbing Examiners;
(50) Board of Thermal System Insulation;
(5051)
Board of Athletic Agent Examiners;
(5152)
Manufactured Home Installation Board; and
(5253)
Division of Professional Regulation.
Section 4. This bill shall take effect on June 30, 2013.
SYNOPSIS
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This bill creates the Board of Thermal System Insulation. The bill provides for licensing requirements for individuals that install or maintain thermal system insulation.This bill will not affect thermal system insulation work done on a single family residence. This bill will take effect on June 30, 2013. |
