NEW JERSEY REGISTER
VOLUME 39, ISSUE 24
ISSUE DATE: DECEMBER 17, 2007
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS
Fire Alarm, Burglar Alarm and Locksmith Advisory Committee Fees
Proposed Amendment: N.J.A.C. 13:31A-1.4
Authorized By: Board of Examiners of Electrical Contractors, Barbara A. Cook, Executive Director.
Authority: N.J.S.A. 45:1-7.1 and 45:1-7.2; N.J.S.A. 45:5A-23 et seq., specifically N.J.S.A. 45:5A-24(f). Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2007-371.
Submit comments by February 15, 2008 to:
Barbara A. Cook, Executive Director
Board of Examiners of Electrical Contractors
124 Halsey Street
P.O. Box 45006
Newark, N.J. 07101
The agency proposal follows:
The Board of Examiners of Electrical Contractors (the Board) is proposing to amend the fee schedule for the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee (the Committee), set forth at N.J.A.C. 13:31A-1.4, in order to include a late renewal fee and a reinstatement fee for licensed fire alarm and burglar alarm installers and licensed locksmiths. Currently, N.J.A.C. 13:31A-1.4(a)10 and 11 provides that the Committee shall charge fees for late renewal and reinstatement, but provides that these fees shall be established by rule by the Director of the Division of Consumer Affairs. Consistent with the statutory authority vested in the Board pursuant to N.J.S.A. 45:5A-24, which provides that the Board shall establish fees for license renewal and other services provided to licensees by the Board and Committee and N.J.S.A. 45:1-7.1 and 7.2, which authorize the Board to impose late and reinstatement fees upon its licensees, the Board has determined that such fees should be established for this class of licensees.
The proposed amendments to N.J.A.C. 13:31A-1.4 provide for a $ 50.00 late renewal fee and a $ 100.00 reinstatement fee. The proposed fees are consistent with the fees currently charged by the Board for late renewal and reinstatement by licensed electrical contractors, and are also consistent with the fees charged for late renewal and reinstatement by other professional and occupational licensing boards within the Division of Consumer Affairs.
The Board has determined that the comment period for this proposal shall be 60 days. Therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.
The proposed amendments to N.J.A.C. 13:31A-1.4 may have an impact upon licensed fire alarm and burglar alarm installers and licensed locksmiths to the extent that the imposition of the proposed late renewal and reinstatement fees may encourage licensees to submit their license renewal applications in a timely manner.
The proposed amendments to N.J.A.C. 13:31A-1.4 will have an economic impact upon licensed fire alarm and burglar alarm installers and licensed locksmiths who fail to submit their applications for licensure renewal in a timely manner. Such licensees will now be required to remit a $ 50.00 late fee, in addition to the renewal fee, consistent with the requirements of existing license renewal rule, N.J.A.C. 13:31A-1.5. The proposed amendments will also have an economic impact upon fire alarm and burglar alarm installers and locksmiths who have had their licenses suspended. Such licensees who apply for reinstatement now will be required to remit the $ 100.00 reinstatement fee as part of their reinstatement application, consistent with the requirements of existing reinstatement rule, N.J.A.C. 13:31A-1.7.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments to N.J.A.C. 13:31A-1.4 are governed by N.J.S.A. 45:5A-23 et seq., and are not subject to any Federal requirements or standards.
The proposed amendments to N.J.A.C. 13:31A-1.4 will not result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The proposed amendments to N.J.A.C. 13:31A-1.4 will have no impact on the agriculture industry in the State.
Regulatory Flexibility Analysis
Currently, the Board licenses approximately 3740 burglar alarm and fire alarm installers and locksmiths. If these Board licensees are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.
The proposed amendments to N.J.A.C. 13:31A-1.4 will not impose any reporting or recordkeeping requirements upon licensed alarm installers or locksmiths in the State of New Jersey. The proposed amendments will impose compliance requirements upon such licensees to the extent that licensees will now be required to remit a late fee if they fail to complete the license renewal process in a timely manner and a reinstatement fee if they seek to be reinstated following license suspension.
No additional professional services will be needed to comply with the proposed amendments. The costs of compliance with the proposed amendments are discussed in the Economic Impact statement above. The Board believes that the proposed amendments should be uniformly applied to all licensed alarm installers and locksmiths in order to ensure the health, safety and welfare of the general public in the provision of burglar alarm, fire alarm and locksmithing services. Therefore, no differing compliance requirements for any licensed burglar alarm or fire alarm installers or licensed locksmiths are provided based upon the size of the business.
Smart Growth Impact
The Board does not believe that the proposed amendments to N.J.A.C. 13:31A-1.4 will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
(a) The following fees shall be charged by the Committee:
1.-7. (No change.)
8. Late renewal fee (within 30 days of renewal date). . . . . . . [(to be established by rule by the Director)] $ 50.00
9. Reinstatement fee (more than 30 days after renewal date). . . . . . . [(to be established by rule by the Director)] $ 100.00
10.-13. (No change.)