(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.
Structure Delaware Code