State Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors s2

STATE BOARD OF HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION CONTRACTORS BUSINESS MEETING MINUTES DATE: December 11, 2002 TIME: 9:30 a.m. PLACE: 500 N. Calvert Street 3rd Floor Conference Room Baltimore, Maryland 21202 PRESENT: Michael McPherson, Chairman Ralph Vines Michael Maholchic Thomas P. Hayes

ABSENT: Charles Henson Roger Eggers George V. Landing

OTHERS PRESENT: Charles P. Kazlo, Executive Director Sloane Fried Kinstler, Assistant Attorney General Roy Brown, Administrative Officer Patricia McCray, Administrative Aide CALL TO ORDER Chairman Michael McPherson called the business meeting of the State Board of Heating Ventilation, Air Conditioning, and Refrigeration Contractors to order at 9:30 a.m. APPROVAL OF MINUTES The members of the Board reviewed the minutes of the November 13, 2002 meeting, MOTION I was made by Mr. Vines, seconded by Mr. Hayes and unanimously carried to accept the minutes as presented with corrections. COMPLAINT COMMITTEE REPORT Mr. Vines reported that during the period November 12, 2002 through December 10, 2002 that the Board received 13 complaints. The status report is as follows and may be amended:

FY 2003 FY 2002 FY 2001 FY 2000 Open 32 Open 08 Open 00 Open 0 Inactive 00 Inactive 0 Inactive 0 Inactive 01 Recommended Recommended Recommended Recommended Closed 05 Closed 02 Closed 01 Closed 108 Closed 26 Closed 100 Closed 100 Total 109 Total 63 Total 110 Total 101 MOTION II was made by Mr. Vines to amend the Complaint Committee report error for the November Board meeting outlined in the minutes reporting the receipt of 10 complaints when what was received were 24 complaints, seconded by Mr. Hayes and unanimously carried. The Complaint Committee did not have advice from counsel Cherry prior to the Board meeting this month. Status of matters pertaining to pre-charge is not available at this time. That concluded the Complaint Committee's report. MOTION III was made by Mr. Hayes, seconded by Mr. Maholchic and unanimously carried to accept the December Complaint Committee report.

INFORMAL CONFERENCE

Thomas P. Delhanty appeared before the Board for review of his application to sit for the Master Restricted license examination. He advised the Board that he had attended Lincoln Tech Institute in 1994 until 1995 when he then moved to Ocean City, Maryland. In Ocean City, Mr. Delhanty had been working for an air-conditioning and refrigeration company for the past seven years, and believes that is sufficient experience to apply for his master restricted license. Staff advised the Board that he had received his journey license in October 2001. He had not held any HVACR license prior to that date.

OLD BUSINESS

Licensing Requirements for Individuals Running Pipe and Welding Pipe The discussion, begun at the last meeting, continued regarding the license requirements for pipe fitters and welders if they are working on HVACR systems. The question raised at the last meeting was whether pipe fitters and those who welded the pipe were required to hold some type of HVACR license. In the 1994 minutes Richard Oden, past Board Chair, had stated that out-of-state welders were exempt from the state HVACR law. There was a general consensus of the current Board that pipe fitters need to be licensed, but it was not determined whether welders needed to be licensed as well. The question was raised, as how to determine what type of license a welder should hold, and counsel's concern was would the Board's position sustain a court challenge. The Board requested that counsel research the matter as to welders being exempt from needing an HVACR license. Mr. McPherson suggested that this item be tabled until the next Board meeting. Board members concurred.

Inspector Testing During last month's meeting, Executive Director, Charles Kazlo, discussed with the Board the testing of HVACR inspectors. Prior to this point in time, all applicants for inspector registration had been grandfathered or had met one of the options allowing for the issuance of an inspector’s identification card without examination. Staff is now beginning to receive applications from persons who do not meet those qualifications, but do meet other qualifications that the Board had set by regulation years ago. That requirement allows for an individual with at least four years experience in the contracting trade to qualify as an HVACR inspector if the individual passes an HVACR inspector’s examination. Mr. Kazlo pointed out that applicants are entitled to an inspector’s identification card if they had an HVACR master, master restricted, or journey license, or had passed an approved BOCA course. Mr. Kazlo proposed that the applicants who are required to sit for an inspector’s examination be required to take and pass the HVACR journey license examination since an HVACR journeyman is entitled to become an inspector. Mr. Hayes asked if a person applies to be registered as an inspector, could the individual take the master examination as a prerequisite, but not be qualified as a master licensee but only to be registered an inspector. Mr. Kazlo proposed that he bring back to the Board, at next month's meeting, all the regulations relating to inspectors to present several other ways persons can qualify as an inspector. Mr. McPherson suggested that this item be tabled until the next Board meeting. Board members concurred.

HVACR report of current licensees - Mr. Kazlo provided the Board with a current report reflecting the number of current licensees in each of the HVACR categories. CORRESPONDENCE None.

COUNSEL'S REPORT

EXECUTIVE SESSION Motion IV was made by Mr. Vines, seconded by Mr. Michael Maholchic and unanimously carried that the State Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors go into Executive Session, at 10:35 a.m., 500 N. Calvert Street, 3rd Floor Conference Room, Baltimore, Maryland 21202. The meeting is permitted to be close pursuant to §10-508 (a)(7) if the State Government Title. The purpose of the meeting was to consult with counsel to review and discuss confidential materials pertaining to applicants for licensure. There were no applications for review. The Board reconvened into public session at 10:55 a.m. Motion V was made by Mr. Hayes, seconded by Mr. Vines and unanimously carried that the Board accepts the dispositions rendered in the Executive Session. Review of Applicants The following application to sit for examination were reviewed and the Board’s disposition of the matters are as follows:

Thomas Delahanty denied to sit for the Master examination.

Elliot DeFalco approved to sit for the Master examination. Edward Riley approved to sit for the Master examination. John J. Wendling denied to sit for the Master Restricted examination. Richard W. Owens denied to sit for the Limited examination. David Patrick Hart denied to sit for the Master Restricted examination. Joseph S. Payne approved to sit for the Journeyman examination. Randy T. Fitzroy approved to sit for the Journeyman examination. Isam S. Zaghal approved to sit for the Master examination. Roy R. Davis, III approved to sit for the Master examination. Timothy Matthews approved to renew Journey license.

John Michael Russell approved for the Apprentice license.

Benjamin Ashe The Board needs more information.

Wenton Baskerville II approved for the Apprentice license.

Del Rico Towns approved for the Apprentice license. Walter Engrum approved for the Master license.

Stanley Little approved for the Apprentice license.

Robert Foster approved for the Apprentice license.

Bienvenido Rodriguez approved for the Apprentice license.

Adjournment There being no further business a motion was made by Mr. Hayes that all business presented be accepted, seconded by Mr. Maholchic, and unanimously carried that the State Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors adjourn at 11:05 a.m.

______Approved without corrections

______Approved with corrections

______Michael McPherson Date

IT WAS DETERMINED THAT THE NEXT MEETING OF THE BOARD WILL BE HELD ON WEDNESDAY, JANUARY 8, 2003 AT 9:30 A.M. IN THE 3RD FLOOR CONFERENCE ROOM AT 500 N. CALVERT STREET. STATE BOARD OF HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION CONTRACTORS EXECUTIVE SESSION MINUTES

DATE: December 11, 2002

TIME: 10:00 a.m.

PLACE: 500 N. Calvert Street 3rd Floor Conference Room Baltimore, Maryland 21202

PRESENT: Michael McPherson, Chairman Ralph Vines Michael Maholchic Thomas P. Hayes

ABSENT: Charles Henson Roger Eggers George V. Landing

OTHERS PRESENT: Executive Director Charles P. Kazlo Assistant Attorney General Sloane Fried Kinstler Administrative Officer Roy Brown Administrative Aide Patricia McCray

CALL TO ORDER

The Executive Session of the State Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors into Executive Session, 500 N. Calvert Street, 3rd Floor Conference Room, Baltimore, Maryland 21202 was called to order at 10:35 a.m. by Mr. McPherson. The purpose of the meeting was to discuss with counsel the eligibility of applicants and/or criminal convictions.

Thomas P. Delhanty

Mr. Delhanty’s informal conference presentation was reviewed and discussed. The law provides that a journey licensee must hold the license for at least three years while working under the direction of a licensed HVACR master before making application for a Master Restricted license. It had been explained to Mr. Delhanty that under the law, the years prior to receiving his journey license he was working without license. The state requires that an individual providing HVACR services be required to hold an HVACR license. A journeyman must hold that license for at least three years and that license must be current when making application for the next level license. The time of experience prior to becoming licensed can not be used to qualify the applicant for a Master license. The experience used to obtain the Journey license can not be used in obtaining the Master Restricted license. The Board will take the applicant's request under consideration and inform him of their decision in writing.

The Board's decision is to continue to be consistent with the requirements for applying to receive the next level of licensure to hold license for at least 3 years. Mr. Delhanty will be informed of the Board's decision to deny his request at this time. Timothy Matthews

Mr. Matthews is applying for a renewal Journey license and was charged with possession of a controlled dangerous substance and prostitution. Letter from probation agent states that applicant has been in compliance of supervised probation.

Board approved to grant the applicant renewal of journey license.

John Michael Russell

Mr. Russell is applying for original apprentice license and was charged with possession of marijuana in 1984 and for speeding in 1985 and 1986. The applicant stated that he was charged with a DUI prior to his 1984 conviction and was found in violation of probation in 1983, there was no record showing this charge. Since the charges are twenty-years old and giving the length of time since last conviction the Board agreed to grant him license.

Board approved to grant the applicant an apprentice license.

Benjamin Ashe

Mr. Ashe is applying for renewal of his inactive master restricted license and says that he has a conviction of conspiracy. Documents were provided to the Board showing federal sentence of forty months, but no record of the charges. The Board is requesting more information detailing the record of charges specifying what the underlying crimes are.

Board requesting more information.

Wenton Baskerville II

Wenton Baskerville has applied for an original apprentice license and was convicted in the state of New Jersey for the possession of a marijuana cigarette. The applicant was fined $830.00, released on his own recognizance and was not placed on probation.

Del Rico Towns

Del Rico Towns is applying for an original apprentice license and was arrested for distribution of cocaine, conspiracy to distribute controlled substance and possession of cocaine. The applicant was given a sentence of 14 years all suspended except 4 years. Three years served and one year on probation which is scheduled to conclude March 17, 2003.

Walter Engrum

Walter Engrum has applied for an original master license and his application was tabled at the last Board meeting until receiving further information. Mr. Engrum was charged with solicitation for lewd purposes and possession of marijuana in the Superior Court of the District of Columbia in 1985. More information is being requested that would show disposition of each count. The information requested was received and reviewed by counsel. Board approved to grant the applicant a master license.

Stanley Little

Stanley Little is applying for an original apprentice license and was charged with possession of drugs with intent to manufacture, was sentenced to 70 days to 23 months jail time in 1993. Probation was completed satisfactorily 11/28/1994 with special condition of evaluation for substance abuse and counseling.

Robert Foster

Robert Foster is applying for an original apprentice license and was charged with two misdemeanors, resisting arrest and in violation of an exparté order. Mr. Foster has been placed on unsupervised probation beginning January 8, 200 and ending January 8, 2003; and supervised probation beginning January 11, 2002 and ending January 11, 2003.

Bienvenido Rodriguez

Bienvenido Rodriguez is applying for an original apprentice and checked off erroneously that he had a felony. Mr. Rodriguez had forwarded a written explanation of the mistake made and says that he has never been convicted of any charges and also requests that the status of the question be changed to no.

Mr. Hayes made a motion to move out of executive session and seconded by Mr. Vines. The meeting reconvened to public session at 10:55 a.m.

______Approved without corrections

______Approved with corrections

______Michael McPherson Date