Plain Text Law

Title 09 — Subtitle 15. State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors

Chapter 01. Fees

Regulation .01 Purpose.Copy Citation

This chapter is intended to carry out the provisions of Business Regulation Article, §§2-106.9 and 2-106.10 and Title 9A, Annotated Code of Maryland. In particular, it is intended to set various fees in order to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the State Board of Master Electricians, the State Board of Stationary Engineers, the State Board of Plumbing, and the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means the State Board of Heating, Ventilation, Air-Conditioning and Refrigeration Contractors.
(2)
“License fee” means the fee paid by an applicant or licensee, as applicable, in connection with the issuance and renewal of a license and the issuance of a limited license and a reciprocal license.
(3)
“Mechanical boards” means collectively the:
(a)
State Board of Master Electricians;
(b)
State Board of Stationary Engineers;
(c)
State Board of Plumbing; and
(d)
State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors.
(4)
“Secretary” means the Secretary of Labor.

Regulation .03 Fees and Costs.Copy Citation

A.
The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the following nonrefundable fees as of January 1, 2024:
(1)
Original and renewal license:
(a)
Master — $84;
(b)
Master Restricted — $28 for each area licensed;
(c)
Limited — $84;
(d)
Journeyman — $22.50;
(e)
Journeyman Restricted —$22.50 for each area licensed;
(f)
Apprentice — $11;
(g)
Inspector — $50; and
(h)
Letter of Good Standing — $25.
(2)
Inactive license — $28.
B.
The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the following nonrefundable fees as of January 1, 2025:
(1)
Original and renewal license:
(a)
Master — $94.50;
(b)
Master Restricted — $31.50 for each area licensed;
(c)
Limited — $94.50;
(d)
Journeyman — $25;
(e)
Journeyman Restricted — $25 for each area licensed;
(f)
Apprentice — $12;
(g)
Inspector — $56; and
(h)
Letter of Good Standing — $25.
(2)
Inactive license — $31.50.
C.
An applicant for an appropriate licensing examination shall pay the examination fee directly to the testing service chosen by the Board to develop or administer the examination, as such fees are established by the testing service selected by the Board.
D.
An applicant who fails an examination:
(1)
May reapply to take the examination 30 days after the date the applicant last took the examination; and
(2)
Shall pay the fee for the examination in the manner described in §A of this regulation.
E.
Inactive Status.
(1)
An active license holder of a master, master restricted, or limited license, at time of renewal may renew a license holder’s license to an inactive status upon payment of the applicable fee, set forth in §A of this regulation. In order to maintain the inactive status the license holder is required to complete a renewal application and remit the applicable inactive license fee each renewal period.
(2)
To reactivate an inactive license at a time other than normal renewal, the inactive license holder shall be required to pay the full license fee, shown in §A of this regulation, for the category that the license holder held before becoming inactive.

Chapter 02. General Regulations

Regulation .01 Qualification of Inspectors.Copy Citation

A.
Heating, ventilation, air conditioning, and refrigeration inspectors hired by the State, a county, or other local subdivision, shall meet minimum standards that are established by the State Board.
B.
The minimum standards established by the State Board are as follows:
(1)
The heating, ventilation, air conditioning, and refrigeration inspector shall be licensed as a Maryland master, master restricted, or journeyman heating, ventilation, air conditioning, and refrigeration contractor;
(2)
The heating, ventilation, air conditioning, and refrigeration inspector shall hold a current Building Officials and Code Administrators International, Inc. (BOCA) certification in one of the following classifications: mechanical inspector, mechanical plans examiner, plumbing inspector, plumbing plans examiner, one- and two-family dwelling combination inspector, one- and two-family dwelling mechanical inspector, one- and two-family dwelling plumbing inspector; or
(3)
The heating, ventilation, air conditioning, and refrigeration inspector shall:
(a)
Have at least 4 years experience as an inspector or mechanic in the mechanical building and construction trade including heating, ventilation, air conditioning, and refrigeration, and
(b)
Pass a written examination prepared and administered by the State Board or prepared and administered by the county or local subdivision, provided the examination is approved by the State Board, and certified copies of all results are provided to the State Board.
C.
Each heating, ventilation, air conditioning, and refrigeration inspector shall attend, at least once a year, a refresher course to be conducted by the State Board or a course approved by the State Board and which is conducted by a county or local subdivision.

Regulation .02 Responsibility of Master, Master Restricted, or Limited Licensee.Copy Citation

A licensee may not use the licensee's license to obtain a permit or other authority to proceed from a governmental entity unless the licensee is:
A.
Familiar with the design and purpose of the specific heating, ventilation, air conditioning, and refrigeration work to be performed;
B.
Available to direct and control all journeymen, apprentices, and others providing heating, ventilation, air conditioning, and refrigeration services; and
C.
Responsible for the work.

Regulation .03 Advertisements.Copy Citation

A.
Definition. For purposes of this regulation, “license number” means the license registration certificate number that shows on the license document received by the individual licensee.
B.
License Number on Vehicles.
(1)
Each vehicle that advertises heating, ventilation, air conditioning, or refrigeration services shall display the current category and license number of the master, master restricted, or limited licensed contractor who supervises and controls the work of that company in that particular area.
(2)
Each licensed heating, ventilation, air conditioning, or refrigeration master, master restricted, or limited contractor shall display the licensee's license category and license number on both sides of all vehicles primarily used by the licensee or under the licensee's supervision and control for the performance of heating, ventilation, air conditioning, and refrigeration services.
(3)
A contractor's license category shall be indicated by the following prefixes:
(a)
.01 for a master license;
(b)
.02 for a master restricted license;
(c)
.06 for a limited license.
(4)
The license category and the license number shall be displayed on each vehicle in the following form:
(a)
Md.—HVAC—category prefix—license number;
(b)
Display of letters or numbers shall be at least 1-1/2 inches in height.
C.
Each printed, audio, or video advertisement of any type, and all contracts shall reflect the license category and license number, in a manner as described in §B(4)(a) of this regulation, of the current licensee to be responsible for the work.

Regulation .04 Restoration of Expired License.Copy Citation

A.
The Board may restore the license of an individual who has failed to renew the license for any reason if the individual:
(1)
Applies for restoration within 4 years of expiration of the license;
(2)
Otherwise is entitled to be licensed; and
(3)
Pays to the Board the renewal fee.
B.
An individual who fails to seek the restoration of a license within 4 years days of expiration of the license shall:
(1)
File a written letter with the Board providing:
(a)
The reasons the individual permitted the license to expire,
(b)
An explanation for the individual's failure to file a timely application for license renewal or restoration,
(c)
A statement of the individual's employment and job duties since the license expiration, and
(d)
Any documentation to support the individual's claims; and
(2)
Appear in person before the Board to show good and valid cause why the individual's license should be restored, if the Board requires the individual to do so.
C.
The Board may:
(1)
Restore an expired license of the applicant under this regulation if the applicant:
(a)
Is otherwise entitled to be licensed, and
(b)
Pays to the Board all past due renewal fees, and any applicable reinstatement and late fees;
(2)
Require the applicant to pay the applicable examination fees, and take and successfully pass the written examination required for the license previously held by the applicant; or
(3)
Consider the applicant as having never been licensed, in accordance with Business Regulation Article, §9A-309(e)(2), Annotated Code of Maryland, thus requiring the filing of a new application and complying with Business Regulation Article, §9A-302, Annotated Code of Maryland.

Regulation .05 Time to Request Formal Hearing on Denial.Copy Citation

If an application for a license is denied by the Board, the applicant, within 30 days from the date on the notice of the Board's decision, may request a formal hearing, conducted in accordance with Business Regulation Article, §9A-311, Annotated Code of Maryland.

Regulation .06 Renewal of a Lower License Category.Copy Citation

A.
A master, master restricted, or limited licensee:
(1)
May elect to renew a current license under a lower category, if the original license held by the licensee is forfeited;
(2)
Who has renewed and received a license pursuant to §A(1) of this regulation, is required to requalify for the higher category of license previously held by taking and passing the appropriate examination administered by the Board in accordance with Business Regulation Article, §9A-304, Annotated Code of Maryland.
B.
The Board may waive the examination requirement in §A(2) of this regulation, for a licensee who:
(1)
Renewed a license under §A(1) of this regulation; and
(2)
Had obtained the higher category license previously held by taking and passing the appropriate examination administered by the Board in accordance with Business Regulation Article, §9A-304, Annotated Code of Maryland.

Regulation .07 Training for HVACR Journeyman.Copy Citation

A.
Before an HVACR apprentice may be examined for a license as an HVACR journeyman, the apprentice shall complete at least 6,000 hours of training in providing heating, ventilation, air-conditioning, and refrigeration services under the direction and control of a licensed HVACR contractor. The training shall be over a period of at least 4 years, while licensed as a Maryland HVACR apprentice.
B.
It is recommended that the study, instruction, training, and experience include the following areas:
(1)
Installation of HVACR equipment including:
(a)
Determining location of exterior and interior equipment including condensers, thermostat, humidistat, exhaust piping, and duct work;
(b)
Preparing equipment foundation/base to install anchors, equipment, and vibration isolator pads;
(c)
Determining type and mounting system required for equipment, layout, and routing of condensate drain;
(d)
Installing air, water and evaporative cooled condensers, evaporative cooler, air-handling units, gas and oil furnaces, heat pumps, and baseboard heat;
(e)
Installing humidifiers, electronic air cleaners, thermostats, and humidistats; and
(f)
Installing and filling a hydronic system including a circulator pump, three-way diverter valve, automatic feeder, expansion tank, zone valves, air vent, pressure relief valve, booster fan, condensate pump, water pump, gas valve, and primary safety control;
(2)
Duct systems including:
(a)
Being able to provide basic design of a duct system and determine adequacy of the existing or designed duct system;
(b)
Installing with accessories round metal duct, rectangular metal duct, rigid fiberglass duct, plenum, duct liner, and duct wrap;
(c)
Installing manual air-flow damper, register, grill, fire damper, barometric damper, powered damper with actuator, factory-fabricated filter box, and vent damper;
(d)
Being able to modify an existing plenum and existing duct; and
(e)
Being able to fabricate a rectangular trunk line duct, plenum, transition, elbow, offset, sled with turning vanes, floor pan, and filter sled;
(3)
Diagnostic procedures including troubleshooting:
(a)
Air-conditioning system, AC system with electric heat, heat pump system, heat pump with fossil fuel heat;
(b)
Gas pack, gas furnace, electric furnace, oil furnace, and hydronic system; and
(c)
Cooling-tower system, chilled-water system, and evaporative cooler;
(4)
Adjustment of components including gas pressure, pilot flame, pilot igniter, direct spark igniter, burner oil system, burner air on gas furnaces, and burner primary air on oil furnaces;
(5)
Installation of piping and tubing including:
(a)
Determination of layout and size of refrigerant tubing;
(b)
Determination of the type and location of fittings and in-line components;
(c)
Connection of pipe using a threaded joint and a cemented joint;
(d)
Connection of tubing using a compression fitting, flare fitting, soft solder, and brazing;
(e)
Pipe and tubing insulation and covering, refrigeration line solenoid valve, in-line or angle hand valve, suction line accumulator, suction/liquid line heat exchanger, liquid receiver, fixed restriction/thermostatic expansion metering device, liquid/suction line filter-dryer, sight glass, pressure-regulator valve, head pressure control valve, check valve, and access valve; and
(f)
Vibration isolator in refrigerant line, precharged factory line set, tubing and pipe clamps and supports, and evaporator condensate drain line;
(6)
Placement of HVACR systems in operation including:
(a)
Leak test system, set belt tension if applicable, adjust condenser water-flow controls, test for gas leaks;
(b)
Measuring air flow at register, measuring relative humidity, adjusting humidistat, calibrating thermostat, and setting heat anticipator;
(c)
Adjusting fan speed for correct CFM output, adjusting fresh air intake, adjusting bypass damper, and adjusting relief damper;
(d)
Checking safety drain in attic installation, checking humidifier water feed and drain, checking aquastat for proper setting and operation, and checking static pressure at fan discharge;
(7)
Maintenance and repair of systems including replacing an HVAC timer delay relay, control switch, gas valve, pilot safety switch, glow coil assembly, thermocouple or thermopile, and flame sensing electronic sensing device.
C.
The Journey examination will include questions based upon basic knowledge in the areas listed in §C of this regulation.

Regulation .08 Time for Submitting License Application.Copy Citation

A.
An applicant who has successfully completed the licensing examination shall apply for licensure, including payment of all applicable fees, within 1 year of successfully completing the licensing examination in order for the applicant's test results to remain valid. All applicants who have successfully completed the licensing examination more than 1 year before the effective date of this section shall apply for licensure not later than July 31, 1999.
B.
An applicant for a license, filed pursuant to Business Regulation Article, §9A-306(e), Annotated Code of Maryland, authorizing the Board to issue a journeyman license to an applicant who has successfully completed an applicable apprentice program approved by the Apprenticeship and Training Council, shall have completed the apprentice program within 2 years of the date the journeyman license application is filed.

Regulation .09 Responsibilities of Licensee.Copy Citation

A.
A licensee shall undertake to provide heating, ventilation, air-conditioning, or refrigeration services only if the licensee is qualified by training, education, and experience to provide the required services.
B.
A licensee shall maintain appropriate insurance covering any heating, ventilation, air-conditioning, and refrigeration service the licensee provides. Insurance provided by an employer does not satisfy the insurance requirements of Business Regulation Article, §9A-402, Annotated Code of Maryland, if a licensee provides heating, ventilation, air-conditioning, or refrigeration services outside the scope of employment with the insured person or business entity.

Regulation .10 Failure to Respond.Copy Citation

A.
If an applicant or licensee receives from the Board a written communication requesting a response, the applicant or licensee shall respond in writing within 30 days of the date of the mailing.
B.
The Board shall send a written communication by first-class mail to the last address furnished to the Board by the applicant or licensee.
C.
It is the responsibility of an applicant or licensee to notify the Board in writing if there has been a change in an applicant’s or licensee’s address.
D.
Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Regulation Article, §9A-310(a)(1)(xii), Annotated Code of Maryland.

Regulation .11 Violations of Business Regulation Article, §9A-501.1, Annotated Code of Maryland.Copy Citation

A.
The Board may seek regulatory action against an individual who violates Business Regulation Article, §9A-501.1, Annotated Code of Maryland.
B.
Such adjudication shall proceed in manner set forth in Business Regulation Article, §9A-311, Annotated Code of Maryland.

Chapter 03—04.

VACANT

Chapter 05. Compliance with International Mechanical Code

Regulation .01 Incorporation by Reference.Copy Citation

A.
In this chapter, the documents set forth in §B of this regulation are adopted.
B.
In compliance with Business Occupations and Professions Article, §§12-101(p) and 12-205(a), Annotated Code of Maryland, the Board adopts the most recent version of the following Codes as they may be amended, modified, or updated from time to time:
(1)
International Mechanical Code (International Code Council, 500 New Jersey Ave., N.W., 6th Floor, Washington, D.C. 20001), which has been incorporated by reference in COMAR 09.12.50.02-1B(5); and
(2)
International Residential Code for One- and Two-Family Dwellings (International Code Council, 500 New Jersey Ave., N.W., 6th Floor, Washington, D.C. 20001), which has been incorporated by reference in COMAR 09.12.50.02-1B(4) and 09.12.51.04A(2) except Chapters 1—11 and 25—44.
C.
The requirements of this chapter do not apply to work areas subject to the Maryland Building Rehabilitation Code as adopted by the Department of Labor under Public Safety Article, §12-1004, Annotated Code of Maryland, except as provided by that Code.