Chapter 18

§ 1801 Objectives. The primary objective of the Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners, 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 and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain 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. 71 Del. Laws, c. 185, §  1 ; 75 Del. Laws, c. 296, §  1 ; § 1802 Definitions. The following words, terms, and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Board” means the State Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners. (2) “Commercial hood system” means a system or ventilation for an exhaust in commercial establishments. (3) “Cooling system” means a system in which heat is removed from air, surrounding surfaces, or both. A cooling system includes an air conditioning system. (4) “Division” means the Division of Professional Regulation. (5) “Gas piping” means any arrangement of piping used to convey fuel gas, supplied by 1 meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. “Gas piping” does not include the installation of gas appliances where existing service connections are already installed, nor does the term include the installations, alterations, or maintenance of gas utilities owned by a public utility. (6) “HVACR” means heating, ventilation, air conditioning, and refrigeration. (7) “HVACR restricted services” means HVACR services that are limited to 1 of the following specialties: a. Heating — forced air systems; ventilation; and gas piping; or b. Heating — hydronic systems and gas piping; or c. Commercial hood systems; or d. Refrigeration; or e. Air-conditioning; or f. Gas piping. (8) “HVACR services” means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment including gas piping in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems. (9) “Hydronic system” means a heating and cooling system using liquids or steam to transmit or remove heat. (10) “License” means a document issued by the Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners certifying that the holder has met the requirements of this chapter and is a master plumber, master HVACR licensee, or master HVACR restricted licensee. (11) “Master HVACR licensee” means an individual holding a current license pursuant to this chapter to provide heating, ventilation, air conditioning, commercial hood systems, hydronic systems, refrigeration, and gas piping services pursuant to this chapter. (12) “Master HVACR licensee restricted” means an individual holding a current license pursuant to this chapter to provide services pursuant to this chapter in 1 of the following areas: a. Heating — forced air systems; ventilation; and gas piping; or b. Heating — hydronic systems and gas piping; or c. Commercial hood systems; or d. Refrigeration; or e. Air-conditioning; or f. Gas piping. (13) “Master plumber”, “licensed plumber”, or “licensed master plumber” means an individual holding a current license to provide plumbing services issued pursuant to this chapter. (14) “Plumber” is an individual who provides plumbing services. (15) “Plumbing services” means the design, installation, construction, replacement, service, repair, alteration, or modification of the pipes, fixtures, and other apparatus used for bringing the water supply into a building and removing liquid and water-carried wastes from a building. Plumbing services also includes the installation and connection of gas piping. (16) “Refrigeration system” means a system used to cool a surface or area below 55 degrees Fahrenheit or 12.9 degrees Celsius. (17) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a master plumber, master HVACR licensee, or master HVACR licensee restricted. (18) “Supervision” means control and oversight by a master licensee who is an owner or full-time employee of the entity providing services. A supervising master licensee is responsible and accountable for the work performed under the supervising master licensee’s license. (19) “Ventilation system” means the natural or mechanical process of supplying air to, or removing air from, any space, whether the air is conditioned or not conditioned and at a rate of airflow of more than 250 cubic feet per minute. 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 262, §  31 ; 75 Del. Laws, c. 296, §  1 ; 76 Del. Laws, c. 192, §§  1-6 ; § 1803 Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners; appointment; composition; qualification; term; vacancies; suspension or removal; unexcused absences; compensation. (a) The State Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners shall administer and enforce this chapter. (b) The Board shall consist of 9 members who are appointed by the Governor and who are residents of this State. Three members, 1 from each county, are master plumbers who have been engaged in the plumbing services for at least 5 years. Three members, 1 from each county, are master HVACR licensees or master HVACR restricted licensees who have been engaged in HVACR or HVACR restricted services for at least 5 years. Three members, 1 from each county, are public members. A public member may not be nor ever have been a master plumber, master HVACR licensee, or master HVACR restricted licensee; may not be a member of the immediate family of a master plumber, master HVACR licensee, or master HVACR restricted licensee; may not be nor ever have been employed by a master plumber, master HVACR licensee, master HVACR restricted licensee, plumbing contractor, HVACR contractor, or HVACR restricted contractor; may not have a material interest in the providing of goods or services to master plumbers, master HVACR licensees, master HVACR restricted licensees, plumbing contractors, HVACR contractors, or HVACR restricted contractors; and may not be nor ever have been engaged in an activity directly related to providing plumbing, HVACR, or HVACR services. A public member must be accessible to inquiries, comments, and suggestions from the general public. (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. A person who is a member of the Board on June 27, 2006, may complete that member’s term. (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) A member of the Board, while serving on the Board, may not hold elective office in any occupational association of master plumbers, master HVACR licensees, or master HVACR restricted licensees or serve as an officer of an occupational association’s political action committee (PAC). (h) 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. (i) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9. 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 296, §  1 ; 81 Del. Laws, c. 85, § 8 ; § 1804 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 5 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. 71 Del. Laws, c. 185, §  1 ; 75 Del. Laws, c. 296, §  1 ; § 1805 Records. The Division shall keep a register of all approved applications for licensure as a master plumber, master HVACR licensee, and master HVACR licensee restricted, 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. 71 Del. Laws, c. 185, §  1 ; 74 Del. Laws, c. 262, §  32 ; 75 Del. Laws, c. 296, §  1 ; § 1806 Authority of the Board. (a) The Board of Plumbing, Heating, Ventilation, and Air Conditioning Examiners 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) Designate the written, standardized examination, approved by the Division and administered and graded by a testing service, to be taken by applicants except those who qualify for licensure by reciprocity; (5) 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; (6) Grant licenses to and renew licenses of, all applicants who meet the qualifications set forth in this chapter; (7) Refer all complaints concerning master plumbers, master HVACR licensees, or master HVACR restricted licensees, or concerning the practices of the Board, or of the profession to the Division of Professional Regulation for investigation pursuant to § 8735(h) of Title 29. The Division of Public Health shall, upon request, assist the Division of Professional Regulation in the investigation of complaints requiring field inspections; (8) Hold hearings and take such actions as are permitted under the Administrative Procedures Act, Chapter 101 of Title 29; (9) 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; (10) Adopt, and revise as necessary, a detailed statewide HVACR and fuel gas code; (11) Coordinate an effort with each county and municipality in the State, which effort will result in consistency in local plumbing, HVACR, and fuel gas codes and the statewide plumbing, HVRAC, and fuel gas code; (12) The Board shall require that all persons licensed in plumbing and HVACR services display the words “Licensed Plumber” and/or “Licensed HVACR” and the license number assigned to them in not less than 3-inch letters and numbers on the vehicles used in the performance of their work. (b) The Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners shall promulgate regulations specifically identifying those crimes which are substantially related to the work of a master plumber, master HVACR licensee, or master HVACR licensee restricted. (c) Heating, Ventilation, Air Conditioning and Refrigeration Code; International Fuel Gas Code adoption and enforcement. — The State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners shall adopt the most recent version of the International Mechanical Code (IMC) and the International Fuel Gas Code (IFC) within 1 calendar year of their issuance with whatever modifications the Board deems appropriate. The State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners may adopt and enforce additional heating, ventilation, air conditioning, and refrigeration, and fuel gas regulations which shall not be in conflict with the IMC or the IFC. (d) Local regulations. — Every political subdivision within the State of Delaware, including county, city and municipal governments, shall enforce the International Mechanical Code (IMC) and the International Fuel Gas Code (IFC), as adopted or modified by the State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners. Every political subdivision retains the right to propose additional or modified heating, ventilation, air conditioning, and refrigeration (HVACR), and fuel gas regulations, which must be submitted in writing to the State Board Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners for review and approval, and which may not be in conflict with the IMC or the IFC. The State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners within 60 days of receiving such proposed changes or additions may thereafter adopt, modify or reject the proposed changes or additions. Upon issuance of the statewide HVACR and/or fuel gas regulations every political subdivision shall have the option of adopting and enforcing said regulations, or adopting and enforcing the minimum standards set forth in the most recently adopted version of the IMC and the IFC. 71 Del. Laws, c. 185, §  1 ; 74 Del. Laws, c. 262, §  32 ; 75 Del. Laws, c. 296, §  1 ; 77 Del. Laws, c. 398, §  1 ; 79 Del. Laws, c. 115, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1807 License required; exemptions. (a) A person shall not provide plumbing services in this State nor hold oneself out to the public as being a licensed master plumber, nor use “licensed plumber,” “master plumber,” or “licensed master plumber” in connection with that person’s name, nor otherwise assume or use any title or description conveying or tending to convey the impression that the person is qualified to provide plumbing services, unless the person has been licensed as a master plumber under this chapter, or exempted from the provisions of this chapter pursuant to subsection (c) of this section. (b) If the license of a master plumber has expired or been suspended or revoked, it is unlawful for the holder of the expired, suspended, or revoked license to perform plumbing services in this State. (c) An individual may provide plumbing services without being licensed under this chapter if: (1) The individual is an apprentice, journeyman, mechanic, or other person providing such services under the supervision of a master plumber who is the individual’s employer or who is employed full time by the same business entity as the individual; (2) The individual is a homeowner who is performing plumbing services other than gas piping in or about that individual’s own home that is not for sale or any part for rent or lease, provided that the individual has filed an application for a permit with the authorized inspection authority; (3) The individual is providing such services on property used exclusively for agricultural purposes and the individual has filed an application for a permit with the authorized inspection authority; or (4) The individual is providing such services pursuant to the provisions in § 1832 of this title. (5) The individual is providing services authorized under subchapter III of this chapter. (d) The penalty for a violation of this section is, for a first offense, a fine of not less than $1,500 nor more than $3,000, and, for a second or subsequent offense, a fine of not less than $3,000 nor more than $6,000. Justice of the Peace Courts shall have jurisdiction over violations of this section. 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 296, §  1 ; 83 Del. Laws, c. 231, § 1 ; 84 Del. Laws, c. 42, § 1 ; § 1808 Qualifications of applicant. (a) An applicant for licensure as a master plumber shall submit evidence, satisfactory to the Board, and verified by oath or affirmation, that the applicant: (1) Has received a journeyman’s certificate issued in any state following completion of a plumbing apprenticeship program that meets or exceeds the Federal Bureau of Apprenticeship and Training Standards and, thereafter, performed plumbing services for 2 years under the supervision of a master plumber or an individual holding a similar level of licensure in another state; or has performed plumbing services for 7 years under the supervision of a master plumber or a plumber holding a similar level of licensure in another state and, thereafter, successfully completed the apprenticeship equivalency test approved by the Board and administered by a Delaware vocational-technical school; (2) Has achieved the passing score on a written, standardized examination, designated by the Board and approved by the Division, for licensure as a Delaware master plumber after fulfilling the experience and/or training requirements of this section; (3) 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. (4) Does not have an impairment related to drug or alcohol use that would limit the applicant’s ability to provide plumbing services in a manner that is not detrimental to the health, safety, or welfare of the public; (5) 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 for a crime that is substantially related to providing plumbing services. After a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, shall waive this paragraph (a)(5) as it applies to a criminal conviction if it finds after consideration of the factors set forth in § 8735(x)(3) of Title 29 that the granting such a waiver does not create an unreasonable risk to public safety. a.-d. [Repealed.] (6) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, does not have a conviction of a felony sexual offense. (b) The Board may waive the requirements of paragraph (a)(3) or (5) of this section for good cause. (c) Each applicant shall provide the information requested on the application form approved by the Board. All evidence of experience must be submitted by affidavit on forms approved by the Board. An application form may not require an applicant to submit a photograph of oneself, or information related to citizenship, place of birth, length of state residency, or personal references. (d) If the Board finds that false information has been intentionally provided to the Board, it shall report its finding to the Attorney General’s Office for further action. (e) If the Board refuses to accept, or rejects, an application and the applicant believes that the Board acted without justification, or imposed a higher or different standard to the applicant than to other applicants, or in some other unlawful manner contributed to or caused the refusal or rejection of the application, the applicant may appeal to the Superior Court. 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 296, §  1 ; 75 Del. Laws, c. 436, §  15 ; 77 Del. Laws, c. 199, §§  10-12 ; 78 Del. Laws, c. 44, §§  24, 25 ; 82 Del. Laws, c. 197, § 1 ; 83 Del. Laws, c. 433, § 12 ; 84 Del. Laws, c. 42, § 1 ; § 1809 Examination. (a) The written, standardized examination required in § 1808(a)(2) of this title must be offered at least quarterly. The Board will determine the passing score in its rules and regulations. (b) An applicant who fails to receive a passing score on an examination administered pursuant to this chapter may apply to retake the examination on the next available date. If an applicant fails to pass the examination after 3 attempts, the Board, in its rules and regulations, may specify the conditions under which an applicant may retake the examination. 71 Del. Laws, c. 185, §  1 ; 74 Del. Laws, c. 262, §  32 ; 75 Del. Laws, c. 296, §  1 ; § 1810 Reciprocity. (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 § 1808(a)(3) through (5) 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. 71 Del. Laws, c. 185, §  1 ; 75 Del. Laws, c. 296, §  1 ; § 1811 Fees. The amount set by the Division for each fee imposed under this chapter shall 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 shall 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. 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 296, §  1 ; § 1812 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 master plumber and who pays the appropriate fees established under § 1811 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. 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 296, §  1 ; § 1813 Complaints. (a) All complaints received by the Division shall be investigated in accordance with § 8735 of Title 29. The Division shall issue a final written report at the conclusion of its investigation. (b) If the Board determines that a person has provided or is providing plumbing services or has used or is using the title “master plumber”, “licensed plumber,” or a similar designation 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. 71 Del. Laws, c. 185, §  1 ; 74 Del. Laws, c. 262, §  32 ; 75 Del. Laws, c. 296, §  1 ; § 1814 Grounds for discipline or other remediation. (a) An individual licensed under this chapter is subject to disciplinary sanctions set forth in § 1815 of this title or other appropriate remediation, if, after a hearing, the Board finds that the licensee has: (1) Engaged or knowingly cooperated in fraud or material deception in order to acquire a license, has allowed another person to use that individual’s license, or has aided or abetted an unlicensed to represent oneself as an individual licensed pursuant to this chapter; (2) Illegally, incompetently, or negligently provided plumbing services; (3) Been convicted of an offense that is substantially related to providing plumbing 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 individual’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 individual’s license as a master plumber restricted, 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 individual’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; (9) A physical or mental impairment that prevents that individual from providing services authorized under this chapter with reasonable skill, competence, and safety to the public. (b) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license. 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 262, §  33 ; 75 Del. Laws, c. 296, §  1 ; 79 Del. Laws, c. 213, §  2 ; 83 Del. Laws, c. 433, § 12 ; 84 Del. Laws, c. 42, § 1 ; § 1815 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 § 1814 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 § 1814(a)(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. 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 296, §  1 ; 79 Del. Laws, c. 213, §  2 ; § 1816 Hearing procedures. (a) If a complaint alleging that a licensee has violated § 1814 of this title is filed with the Division pursuant to § 8735(h) of this title, 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 § 1814 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. 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 296, §  1 ; § 1817 Reinstatement of a suspended license; removal from probationary status. (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) [Repealed.] 71 Del. Laws, c. 185, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 296, §  1 ; 82 Del. Laws, c. 8, § 6 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1820 License required; exemptions. (a) A person shall not provide HVACR or HVACR restricted services in this State nor hold oneself out to the public as being a master HVACR licensee or master HVACR restricted licensee, nor use “master HVACR licensee”, “master HVACR restricted licensee” in connection with that person’s name nor otherwise assume or use any title or description conveying or tending to convey the impression that that person is qualified to provide HVACR or HVACR restricted services, unless that person has been licensed as a master HVACR licensee or a master HVACR restricted licensee under this chapter or exempted from the provisions of this chapter pursuant to subsection (c) of this section. (b) If the license of a master HVACR licensee or master HVACR restricted licensee has expired or been suspended or revoked, it is unlawful for the holder of the expired, suspended, or revoked license to act as a master HVACR licensee, or master HVACR restricted licensee in this State. (c) An individual may provide HVACR or HVACR restricted services without being licensed under this chapter if: (1) The individual is an apprentice, journeyman, mechanic or other person providing such services under the supervision of a master HVACR licensee or master HVACR restricted licensee, who is the individual’s employer or who is employed full time by the same business entity as the individual; (2) The individual is a homeowner who is performing HVACR services other than gas piping in or about that individual’s own home that is not for sale or any part for rent or lease; (3) The individual is providing such services on property used exclusively for agricultural purposes and the individual has filed an application for a permit with the authorized inspection authority; (4) The individual is providing such services pursuant to the provisions in § 1831 of this title. (d) The penalty for a violation of this section is, for a first offense, a fine of not less than $1,500 nor more than $3,000, and, for a second or subsequent offense, a fine of not less than $3,000 nor more than $6,000. Justice of the Peace Courts have jurisdiction over violations of this section. 75 Del. Laws, c. 296, §  1 ; 70 Del. Laws, c. 186, §  1 ; 83 Del. Laws, c. 231, § 1 ; 84 Del. Laws, c. 42, § 1 ; § 1821 Qualifications of applicant — Heating, ventilation, air conditioning, and refrigeration. (a) An applicant for licensure as a master HVACR licensee, or master HVACR restricted licensee, must submit evidence, satisfactory to the Board and verified by oath or affirmation, that the applicant: (1) Has received a journeyman’s certificate issued in any state following completion of an HVACR, or HVACR restricted apprenticeship program that meets or exceeds the Federal Bureau of Apprenticeship and Training Standards and, thereafter, performed HVACR, or HVACR restricted services for 2 years under the supervision of a master HVACR licensee, or master HVACR restricted licensee, or an individual holding a similar level of licensure in another state; or has performed HVACR or HVACR restricted services for 7 years under the supervision of a master HVACR licensee or master HVACR restricted licensee or an individual holding a similar level of licensure in another state and, thereafter, successfully completed the apprenticeship equivalency test approved by the Board and administered by a Delaware vocational-technical school; (2) Has achieved the passing score on a written, standardized examination, designated by the Board and approved by the Division, for licensure as a Delaware master HVACR licensee or master HVACR restricted licensee after fulfilling the experience and/or training requirements of this section; (3) Has been certified at the appropriate level for handling chlorofluorocarbons (CFC’s) by a testing organization approved by the Environmental Protection Agency; (4) Has not received any administrative penalties regarding that 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 HVACR services. The Board may determine after a hearing whether the imposition of a particular administrative penalty is grounds to deny licensure; (5) Does not have an impairment related to drug or alcohol use that would limit that applicant’s ability to provide HVACR or HVACR restricted services in a manner that is not detrimental to the health, safety, or welfare of the public; (6) Does not have any disciplinary proceedings or unresolved complaints pending against that applicant in any jurisdiction where that applicant has previously been or is currently authorized to provide HVACR or HVACR restricted services; and (7) Does not have a criminal conviction record for a crime that is substantially related to providing HVACR or HVACR restricted services. After a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, shall waive this paragraph (a)(7) if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board, Board President, or the Board President’s designee determines that the granting of a waiver would not create an unreasonable risk to public safety. a.-d. [Repealed.] (8) Notwithstanding the time limitation set forth in § 8735(x)(4), has not been convicted of a felony sexual offense. (b) The Board may waive the requirements of paragraph (a)(4) or (7) of this section for good cause. (c) Each applicant shall provide the information requested on the application form approved by the Board. All evidence of experience must be submitted by affidavit on forms approved by the Board. An application form may not require an applicant to submit a photograph of oneself, or information related to citizenship, place of birth, length of state residency, or personal references. (d) If the Board finds that false information has been intentionally provided to the Board, it shall report its finding to the Attorney General’s Office for further action. (e) If the Board refuses to accept, or rejects, an application and the applicant believes that the Board acted without justification, or imposed a higher or different standard to the applicant than to other applicants, or in some other unlawful manner contributed to or caused the refusal or rejection of the application, the applicant may appeal to the Superior Court. (f) [Repealed.] 75 Del. Laws, c. 296, §  1 ; 70 Del. Laws, c. 186, §  1 ; 76 Del. Laws, c. 192, §§  8-10 ; 77 Del. Laws, c. 199, §  13 ; 78 Del. Laws, c. 44, §§  26, 27 ; 82 Del. Laws, c. 197, § 2 ; 83 Del. Laws, c. 433, § 12 ; 84 Del. Laws, c. 42, § 1 ; § 1822 Examination. (a) The written, standardized examination required in § 1821(a)(2) of this title must be offered at least quarterly. The Board will determine the passing score in its rules and regulations. (b) An applicant who fails to receive a passing score on an examination administered pursuant to this chapter may apply to retake the examination on the next available date. If an applicant fails to pass the examination after 3 attempts, the Board, in its rules and regulations, may specify the conditions under which an applicant may retake the examination. 75 Del. Laws, c. 296, §  1 ; § 1823 Reciprocity. (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 § 1821(a)(3) through (7) of this 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. 75 Del. Laws, c. 296, §  1 ; § 1824 Fees. 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. 75 Del. Laws, c. 296, §  1 ; § 1825 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 master HVACR licensee or master HVACR restricted licensee and who pays the appropriate fees established under § 1824 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. 75 Del. Laws, c. 296, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1826 Complaints. (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 HVACR or HVACR restricted services or has used or is using the title “master HVACR licensee”, “master HVACR restricted licensee”, or a similar designation 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. 75 Del. Laws, c. 296, §  1 ; § 1827 Grounds for discipline or other remediation. (a) An individual licensed under this chapter is subject to disciplinary sanctions set forth in § 1828 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 oneself as an individual licensed pursuant to this chapter; (2) Illegally, incompetently, or negligently provided HVACR or HVACR restricted services; (3) Been convicted of an offense that is substantially related to providing HVACR or HVACR restricted 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 master HVACR licensee or master HVACR restricted 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. (b) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license. 75 Del. Laws, c. 296, §  1 ; 70 Del. Laws, c. 186, §  1 ; 79 Del. Laws, c. 213, §  2 ; 83 Del. Laws, c. 433, § 12 ; 84 Del. Laws, c. 42, § 1 ; § 1828 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 § 1827 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 § 1827(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. 75 Del. Laws, c. 296, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1829 Hearing procedures. (a) If a complaint alleging that a licensee has violated § 1827 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 § 1827 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. 75 Del. Laws, c. 296, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1830 Reinstatement of a suspended license; removal from probationary status. (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) [Repealed.] 75 Del. Laws, c. 296, §  1 ; 82 Del. Laws, c. 8, § 7 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1831 Artificial entity’s loss of license holder. (a) If a partnership, firm, corporation, or other artificial entity that provides services regulated under this chapter suffers the loss of its sole license holder, the entity shall notify the Board in writing with supporting documentation within 7 days of the loss of its license holder. (b) The Board shall schedule an emergency meeting within 10 days of notification pursuant to subsection (a) of this section. From the date of loss of the sole license holder through the date of the emergency meeting, the entity may continue to operate without a license holder, provided that the entity continues to employ the same personnel with the exception of the license holder. (c) An owner or employee of an entity that desires to continue providing services despite the loss of the sole license holder must submit an application for licensure to the Board before the emergency meeting scheduled pursuant to subsection (b) of this section, for consideration by the Board at the meeting. At the meeting the Board may issue a temporary license to the applicant, valid for 100 days, dated from the date of notification to the Board by the entity, pursuant to subsection (a) of this section. (d) If the Board issues a temporary license to the applicant at the emergency meeting pursuant to subsection (c) of this section, the applicant must take the next available examination. (e) Notwithstanding the provisions of subsections (c) and (f) of this section, a temporary license expires immediately upon an applicant’s failure to take the next available examination; or, if the applicant takes the examination, upon the Board’s receipt of notification that the applicant failed the examination taken pursuant to subsection (d) of this section. (f) If a 100-day temporary license issued pursuant to this section expires and the entity has no license holder in its employ, the entity must cease and desist immediately from providing plumbing services for which a license is required under this chapter. 75 Del. Laws, c. 296, §  1 ; § 1832 Local regulation. Nothing in this chapter shall be construed to limit the ability of any county, municipality, or other gov