STATE BOARD OF PLUMBING



STATE BOARD OF PLUMBING

BUSINESS MEETING

MINUTES

DATE: March 17, 2005

TIME: 10:30 a.m.

PLACE: 500 North Calvert Street

3rd Floor Conference Room

Baltimore, Maryland 21202

PRESENT: Charles Morgan, Chairman

Harold Caison, Ph.D., Board Member

Gerard Conis, Board Member

Vernon Gauss, Jr., Board Member

Keith Horton, Board Member

Charles Lenderking, Board Member

Joseph Radtka, Board Member

ABSENT: Hayward Hinkhaus, Vice Chairman

OTHERS

PRESENT: Jack Lesho, Executive Director

Assistant Attorney General, Sloane Fried Kinstler

Sharon Kraus, Administrative Aide

Members of the Public

CALL TO ORDER

Charles Morgan, Chairman, called the business meeting of the State Board of Plumbing to Order at 10:40 a.m.

EXECUTIVE SESSION

A Motion was made by Mr. Lenderking, seconded by Mr. Gauss, and unanimously carried by the members of the State Board of Plumbing in attendance to go into Executive Session at 10:40 a.m. in Conference Room 300, 500 North Calvert Street, Baltimore Maryland, 21202. The purpose of the meeting was to consult with counsel. Upon completion of this session, the Board convened the public meeting at 10:50 a.m.

APPROVAL OF MINUTES

The minutes of the business meeting and executive session held on January 20, 2005 were reviewed by the members of the Board. A motion was made by Mr. Radtka, seconded by Mr. Lenderking, and unanimously carried to approve the minutes as presented.

A Motion was made by Mr. Lenderking, seconded by Mr. Horton, and unanimously carried to approve the decisions made during the Executive Session. Five (5) applications with prior convictions were approved by the Board. The Board requested one applicant with a prior conviction to submit more information.

COMPLAINTS

Mr. Radtka presented the report of the Complaint Committee to the Board.

The Board closed the following complaints:

PUM040037 PLUM050056 PLUM050070

PLUM040100 PLUM050057 PLUM050071

PLUM050007 PLUM050061 PLUM050076

PLUM050026 PLUM050062 PLUM050080

PLUM050028 PLUM050067 PLUM050081

PLUM050038 PLUM050068

PLUM050054 PLUM050069

The Board referred the following complaints for Investigation:

PLUM050018

PLUM050023

PLUM050039

PLUM050045

PLUM050047

PLUM050048

PLUM050049

PLULM050065

The Board is scheduling the following complaints for informal conferences before the complaint committee in April:

PLUM050043

The Complaint Committee met in executive session prior to the public meeting, pursuant to Section 10-508(a)(7) of the State Government Article, to receive the advice of counsel regarding the above-mentioned matters. The Committee members reported their findings to the Board during the public meeting. A Motion was made by Mr. Lenderking, seconded by Mr. Gauss, and unanimously carried to approve the report of the Complaint Committee.

OLD BUSINESS

A. UPDATE REGARDING CONTRACT FOR TESTING VENDOR – Mr. Lesho informed the Board that the new contract for a testing vendor for the plumbing license examinations is due back by April 5, 2005. He stressed the importance of the Board members reviewing the current bank of test questions so that they will be ready in a timely manner once the vendor is selected. He suggested a sub-committee be formed to review examination questions as soon as possible. Mr. Radtka, Mr. Lenderking, Mr. Hinkhuas, Mr. Horton and M. Morgan all stated they would be willing to participate in the review and update of the test questions. Mr. Lenderking and Mr. Radtka indicated they could be available on April 7, 2005 to start the process of reviewing the questions. Mr. Lesho will check with Mr. Loleas regarding the time periods involved for the award of the testing contract to avoid any delay of testing.

B. FOLLOW-UP DISCUSSION OF REQURING COMPLETION OF AN APPRENTICESHIP PROGRAM IN ORDER TO BE ELIGIBLE FOR JOURNEY PLUMBER/GAS FITTER EXAMINATION – Mr. Lenderking informed the Board that he has been continuing his research as to other states’ requirements for licensing and whether other states have an education requirement as a qualification for a Journey license. He also provided information from the US Department of Labor regarding Apprenticeship and Training Programs. He indicated that he believes that the Board should continue to pursue the issue. Mr. Lenderking stated that he will report back to the Board with his findings. Mr. Gauss stated to the Board that he is not in disagreement with an education requirement for Journey applicants but he believes there should be an incentive for those who pass the apprenticeship program compared to those who do not.

NEW BUSINESS

A. LICENSE STATISTICS REPORT – A copy of the license statistics report was distributed to the Board for their review.

B. EXAMINATION STATISTICS REPORT – A copy of the examination statistics for the month of March, 2005. will be provided at next month’s meeting.

Mr. Lenderking informed Mr. Lesho that the Town of Ocean City has asked him whether the new COMAR regulations are available and printed yet. Mr. Lesho will check on the status and advise Mr. Lenderking.

Mr. Lenderking informed the Board that Talbot County has contacted him regarding air admittance valves and whether they are approved. Mr. Gauss recommended they check the 2005 amendments of the National Standard Plumbing Code.

CORRESPONDENCE

A. REVIEW OF CORRESPONDENCE FROM THE TOWN OF OCEAN CITY – The Board was provided with a copy of a letter from the Town of Ocean City informing the Board of a problem with plumbing work performed in Ocean City and their refusal to issue an occupancy certificate until the work is corrected.

B. APPRENTICE LICENSE APPLICATION PROCESS – Mr. Lenderking stated he believes that the apprentice application process should be changed to require an applicant to provide pre-license employment information at the time of applying for the apprentice license. Assistant Attorney General Kinstler explained that the law does not provide for such a requirement. Such a modification would require a legislative amendment.

C. LOCAL JURISDICTIONS VERIFYING LICENSES ON JOBSITES – The Board noted that some jurisdictions are now verifying licenses on jobsites. Mr. Conis asked whether the county inspectors are responsible for verifying licenses at the jobsite. Mr. Morgan indicated that the State can only pursue the county’s enforcement of checking for licenses by contacting the county in writing and informing them of the requirement to check for proper licenses.

D. DISCUSSION OF FORMER LICENSEE WHOSE LICENSE EXPIRED OVER 4 YEARS AGO – Mr. Gauss presented a copy of a letter previously sent to a former licensee whose license expired over 4 years ago. Mr. Morgan questioned why this person was not offered an informal conference, like the applicant who appeared before the Board at the January 2005 meeting under a somewhat similar circumstance. Mr. Gauss was advised that the standard response to someone who contacts the Board who has had a license expired for over 4 years is that he or she must reapply for the examination as a new applicant and meet the current qualifications for the license. However, if the individual contacts the Board, he or she is advised that an opportunity may be requested to appear before the board, informally, to provide the Board with reasons for the request. The Board asked Mr. Gauss to advise the former licensee that the individual may request an informal conference before the Board if he or she would like to address the Board to and explain why the license has expired for such a long period of time and to request consideration for reinstatement without examination.

E. REVIEW OF MEMO SENT TO ALL LOCAL JURISDICTIONS REGARDING ENFORCEMENT OF PLUMBING CODE. - The Board was provided with a copy of a letter sent to all local jurisdictions concerning the Board’s adoption of the National Standard Plumbing Code and asking each jurisdiction to respond to the Board providing information on each individual jurisdiction’s process of enforcing the code and licensing of plumbing inspectors. A copy of the responses received to date was provided to the Board.

F. REVIEW OF FOLLOW-UP CORRESPONDENCE SENT TO WORCESTER COUNTY AND OCEAN CITY REGARDING A CLAIM OF UNLICENSED PLUMBING WORK BEING PERFORMED IN THOSE JURISDICTIONS -

EXECUTIVE SESSION

A Motion was made by Mr. Hinkhaus, seconded by Mr. Gauss, and unanimously carried by the members of the State Board of Plumbing in attendance to go into Executive Session at 12:40 p.m. in Conference Room 300, 500 North Calvert Street, Baltimore Maryland, 21202. The purpose of the meeting was to consult with counsel. Upon completion of this session, the Board convened the public meeting at 12:45 a.m.

G. REVIEW OF APPLICATIONS –

The Board reviewed the following application requests:

Joseph Sibiski – Journey Natural Gas Fitter Application – Mr. Sibiski requested approval for the Journey Natural Gas Fitter Examination although he no longer holds a current journey gas fitter license from Baltimore City. He previously held the Baltimore City journey natural gas fitter license until December, 2004 and is now trying to renew his City license. Baltimore City previously renewed his local license without proof of the State license, but the City is now requiring him to present a copy of a State gas fitter license as a condition of renewal of the City license. A Motion was made by Mr. Horton, Seconded by Mr. Conis and unanimously carried to approve Mr. Sibiski’s application for a Journey Natural Gas Fitter License without being required to take the State gas fitter license examination. This decision was based on the determination that Baltimore City had renewed his City license in the past without requiring proof of a State gas fitter license and that the applicant was unaware of the State license requirement until the City changed its licensing and renewal process.

Mark Anderson – Mr. Anderson submitted a request to the Board for approval to take the Master Plumber/Gas Fitter examination without first having to hold a Journey Plumber/Gas Fitter license using credit for his past work experience in Virginia. The Board was unable to approve the request because Mr. Anderson has not held a Journey license in either Maryland or Virginia for a 2-year period and the law requires that in order to be approved for the Master Plumber/Gas Fitter examination an applicant must have worked for 2 years as a licensed Journey Plumber/Gas Fitter.

H. RECIPROCITY WITH BALTIMORE COUNTY - Mr. Radtka addressed the Board concerning the Board’s inability to reciprocate with Baltimore County due to the two jurisdictions not being able to reach an agreement to reciprocate equally and the statutory prohibition of the Board’s ability to reciprocate in such a circumstance. Mr. Radtka explained that he was not present at the meeting in January 2005 and was unaware that reciprocity with Baltimore County had ceased due to this situation. Mr. Radtka explained that he has a Master Plumber/Gas Fitter license in Baltimore County and now must obtain the State Master Plumber/Gas Fitter license. He asked the Board for consideration to issue a reciprocal license. Assistant Attorney General Kinstler explained that the Board could reciprocate with Baltimore County only if Baltimore County to agreed to reciprocity with the State license holders in a similar manner, pursuant to Bus. Occ. & Prof. Art., § 12-305, Ann. Code of Md. Further, Ms. Kinstler, reminded the Board that Baltimore County had previously represented to Board remembers at a meeting last year that Baltimore County would no longer reciprocate with the State because the County had determined that the State plumbing license examinations did not contain a sufficient number of questions related to gas and because the State does not have a requirement for two-pound gas certification as a qualification for licensure. The Board suggested that Mr. Radtka request that Baltimore County issue a letter to the Board confirming that the County accepts the State plumbing license on a reciprocal basis. The State could then issue Baltimore County licensees, including Mr. Radtka, reciprocal licenses.

CHAIRMAN’S REPORT

Mr. Morgan stressed the importance of reviewing the bank of examination questions so that the Board is ready as soon as possible to update its license examinations after a vendor is selected.

ADJOURNMENT

A Motion was made by Mr. Gauss, seconded by Mr. Lenderking, and unanimously carried to adjourn the meeting at 12:50 p.m.

Respectively submitted,

____________________________________

Charles J. Morgan, Jr., Chairman

__________ Without Corrections

__________ With Corrections

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