State Board of Stationary Engineers s1

State Board of Stationary Engineers Business Meeting MINUTES

Date: June 16, 2015

Time: 10:00 a.m.

Location: 500 N. Calvert Street Room 302 Baltimore, MD 21202

Members Present: Harold Norris, Chair Gregory Restivo, Vice Chair Karl Kraft, Chief Boiler Inspector Kevin McLeod, Industry Member

Absent: Dr. Loretta Johnson, Consumer member Brian Wodka, Industry Member

DLLR Officials & Staff Present: Robin Bailey, Executive Director, Mechanical Boards Sloane Fried Kinstler, Assistant Attorney General Raquel M. Meyers, Administrative Specialist

OTHERS PRESENT: Rick Conrad, NAPE, Vice President Donald Maloney, W.L. Gore

CALL TO ORDER:

Chair, Harold Norris, called the Business Meeting of the Maryland State Board of Stationary Engineers to Order at 10:00 a.m.

APPROVAL OF MINUTES

The members reviewed the minutes of the Business Meeting held on April 21, 2015. Upon Mr. McLeod’s Motion, and Mr. Restivo’s second, the Board unanimously voted to approve the minutes with corrections.

REVIEW OF EXAMINATION STATISTICS AND LICENSE TOTALS

PSI Exams submitted the following statistical summaries for April, 2015:

Stationary Engineer Candidates Passed Failed Pass % Tested Stationary Engineer Grade 1 6 3 3 50%

1 Stationary Engineer Grade 2 2 1 1 50% Stationary Engineer Grade 3 10 4 6 40% Stationary Engineer Grade 4 11 6 5 55% Stationary Engineer Grade 5 7 4 3 57% TOTAL 36 18 18 50%

Ms. Bailey reported that 36 candidates were tested in April 2015, 18 passed, 18 failed with a 50% passing rate. Since January of 2015, the passing rate is 44%, and since the inception of the test the overall passing rate is 36%. There are currently 5,460 active licensees.

PSI Exams submitted the following statistical summaries for May, 2015:

Stationary Engineer Candidates Passed Failed Pass % Tested Stationary Engineer Grade 1 7 1 6 14% Stationary Engineer Grade 2 3 1 2 33% Stationary Engineer Grade 3 16 8 8 50% Stationary Engineer Grade 4 8 5 3 63% Stationary Engineer Grade 5 7 6 1 86% TOTAL 41 21 20 51%

Ms. Bailey reported that 36 candidates were tested in May 2015, 21 passed, 20 failed with a 51% passing rate. Since January of 2015, the passing rate is 46%, and since the inception of the test the overall passing rate is 36%. There are currently 5,460 active licensees.

OLD BUSINESS

a. PSI Conference Call

Ms. Bailey stated that a conference call with PSI Examination Services conference call has been scheduled for today for Executive Session. The Board will be discussing the Stationary Engineer test bank of questions, the exam outlier results and statistics.

NEW BUSINESS

Ms. Bailey stated to the Board that correspondence was received from Rick Dejonghe regarding Stationary Engineer licensing requirements to operate a new gas turbine power station. Mr. Norris stated that it depends on whether the facility has a 24-hour monitoring system. Mr. Norris also confirmed that based on the information provided, a properly licensed Stationary Engineer is required for the facility and at least one (1) of these individuals must be a Grade 1 Stationary Engineer licensed in the State of Maryland. The law requires that a plant must have one (1) individual on duty at the facility. The Board suggested the plant might wish to use more than one (1) individual. The Board recommendation was for the plant to have more than one (1) individual in the facility. AAG Kintsler suggested that the Board

2 might wish to invite Mr. Dejonghe or a representative of the facility to a Board meeting. Mr. Norris agreed with AAG Kinstler. Mr. Norris instructed Ms. Bailey to contact Mr. Dejonghe and invite him to a Board meeting.

COUNSEL’S REPORT

CHAIR’S REPORT

DIRECTOR’S REPORT

Ms. Bailey welcomed Ms. Kintsler back after extended leave as the Assistant Attorney General for the Board. Ms. Bailey stated that she would like the Board to take into consideration to move their meetings from monthly to bi-monthly meetings. She also informed the Board that Mr. Wodka is out of town and regrettably will not be able to attend today’s meeting today but had agreed to the change. There are not a lot of issues or complaints for the Board to review on a monthly basis and that license applications and complaints could still move forward without the full Board being present. Mr. Kraft stated that he had some concerns that a list of goals discussed during the January, 2015, Board meeting will not be addressed. Some of the goals discussed were regarding researching trends, etc. Ms. Bailey stated that Mr. Kraft may address these goals during the July Board meeting.

Mr. Kraft made a general inquiry following the Executive Director’s report regarding outstanding appointments to fill the remaining vacant positions on the Board. AAG Kinstler stated that the Board consists of eight (8) members, three (3) stationary engineers, one (1) boiler manufacturer and design industry, one (1) boiler owner, two (2) consumer members and one (1) Chief Boiler Inspector of the State, or Chief Boiler Inspector’s designee, who shall be an ex officio, nonvoting member of the Board. Ms. Bailey stated that she followed up with this issue with no results as of yet. Mr. Kraft inquired about the definition of the consumer member. AAG Kinstler stated that the qualifications in accordance to Maryland Business Occupations and Professions Code Ann. § 6.5-202, a consumer member “(1) shall be a member of the general public; (2) may not be a licensee or otherwise be subject to regulation by the Board; and (3) may not have had within one (1) year before appointment a financial interest in or have received compensation from a person regulated by the Board.”

Ms. Bailey stated that the following Board members currently hold positions: Mr. Norris and Dr. Loretta Johnson are consumer members; Mr. Restivo, Mr. McLeod, and Mr. Wodka are stationary engineers. Mr. Kraft is serving as the Chief Boiler Inspector for the State. AAG Kinstler stated that the Board has vacancies, including a boiler manufacture and design industry member and boiler owner member.

After a lengthy discussion, the Board agreed to establish a committee to meet to address the goals of the Board during the months the Board is not scheduled to hold a meeting. The Board also agreed to resume their meetings bi-monthly as discussed earlier. There will be a Board meeting in July, September and November 2015 moving forward this year.

EXECUTIVE SESSION

Upon Mr. McLeod’s Motion, and Mr. Restivo’s second, the Board unanimously entered into Executive Session at 12:08 p.m., in the 3rd Floor Conference Room, 500 N. Calvert Street, Baltimore, MD 21202, in order to have a conference call with PSI, the Board’s testing vendor. The Board will be discussing the

3 Stationary Engineer license examinations, the test banks of questions and other issues related to the license examination questions. Upon completion of the session, the Board convened to the public meeting at 12:38 p.m.

APPROVAL OF FINDINGS OF EXECUTIVE SESSION

The members reviewed the minutes of the Executive Session held on April 21, 2015. Upon Mr. McLeod’s Motion, and Mr. Restivo’s second, the Board unanimously voted to approve the findings of the Executive Session minutes with corrections.

The members considered the findings of the June 16, 2015 Executive Session. Upon Mr. McLeod’s Motion, and Mr. Restivo’s second, the Board unanimously voted to approve the findings of the Executive Session.

ADJOURNMENT

Upon Mr. McLeod Motion, and Mr. Kraft’s second, the Board unanimously carried to adjourn meeting at 12:45 p.m.

______Harold Norris, Chair Date

Without Corrections ______With Corrections ______