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NEW JERSEY REGISTER
VOLUME 35, NUMBER 15
MONDAY, AUGUST 4, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS
DEFINITIONS; SUPERVISION OF ELECTRICAL WORK


Proposed Repeal and New Rule: N.J.A.C. 13:31-1.2

Proposed Amendment: N.J.A.C. 13:31-3.4

Authorized By: New Jersey Board of Examiners of Electrical Contractors, Barbara A. Cook, Executive Director.

Authority: N.J.S.A. 45:5A-6.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2003-232.

Submit comments by October 3, 2003 to:

Barbara A. Cook, Executive Director

New Jersey Board of Examiners of Electrical Contractors

124 Halsey Street

PO Box 45006

Newark, NJ 07101

The agency proposal follows:

Summary

Pursuant to its general rulemaking authority at N.J.S.A. 45:5A-6, the New Jersey Board of Examiners of Electrical Contractors (the Board) proposes to repeal and replace with a new rule N.J.A.C. 13:31-1.2, concerning definitions, and to amend N.J.A.C. 13:31-3.4, concerning the supervision of employees performing electrical work.

The Board proposes to repeal N.J.A.C. 13:31-1.2, which currently provides definitions for the terms "minor repair work," "qualified journeyman electrician" and "regular employee," respectively. The Board proposes a new rule at N.J.A.C. 13:31-1.2, which provides definitions for various words and terms used throughout Chapter 31. In new rule N.J.A.C. 13:31-1.2, the Board proposes definitions for the terms "Act," "apprentice," "Board," "business permit holder," "licensee," "minor repair work," "qualified journeyman electrician," "qualifying licensee" and "regular employee" in order to clarify the meaning of such terms as they are used throughout the chapter. The definitions of "minor repair work," "qualified journeyman electrician" and "regular employee" have been recodified in the new rule, with technical changes which do not alter the substantive meaning of the words as previously defined.

The Board also proposes to make several amendments to N.J.A.C. 13:31-3.4, which establishes requirements for the supervision of employees performing electrical work. Initially, the Board notes that it has made several technical amendments throughout N.J.A.C. 13:31-3.4 which do not affect the substantive requirements of the rule. N.J.A.C. 13:31-3.4(a) provides that the qualifying licensee must assume full responsibility for the inspection and supervision of all work to be performed by the business permit holder to ensure that all work is performed in compliance with recognized safety standards. The Board proposes to amend N.J.A.C. 13:31-3.4 to provide that the qualifying licensee must ensure that all work is performed in compliance with the provisions of the Uniform Construction Code and with N.J.A.C. 13:31-1.4. The Board proposes this amendment in order to clarify for licensees and business permit holders which safety standards are applicable to the electrical work they perform. The Board also clarifies that the provisions of N.J.A.C. 13:31-3.4 do not apply to those electrical activities exempt pursuant to N.J.S.A. 45:5A-18.

The Board proposes to amend N.J.A.C. 13:31-3.4(b) to provide a new paragraph at (b)1, which requires that a qualifying licensee supervise the installation, erection, repair or alteration of any electrical equipment used for the generation, transmission or utilization of energy, and to ensure that all work is performed in compliance with N.J.A.C. 13:31-1.4 and the provisions of the National Electrical Code. The Board proposes this amendment to ensure that the qualifying licensee is aware that he or she must supervise all aspects of electrical work in order to safeguard the health, welfare and safety of consumers. Existing paragraph (b)1, which currently provides that a qualifying licensee must personally inspect and supervise the work of employees where necessary and appropriate, is recodified at paragraph (b)2, and is amended to provide that a qualifying licensee must inspect all work pursuant to the provisions of N.J.A.C. 13:31-3.4(d), which sets forth requirements for the level of supervision required of all employees. Existing paragraph (b)2, which requires the qualifying licensee to provide personal on-site supervision of his or her employees, is recodified at paragraph (b)3, and is amended to provide that such on-site supervision must also be provided in accordance with the provisions of N.J.A.C. 13:31-3.4(d).

The Board proposes to delete existing paragraph (b)3 of N.J.A.C. 13:31-3.4. Paragraph (b)3 provides that a qualifying licensee must be personally available when circumstances require personal availability. The Board proposes this amendment because the qualifying licensee's obligation to be personally available on the job site is set forth in N.J.A.C. 13:31-3.4(d). The Board believes that a qualifying licensee need not be personally available on the job site where he or she has obtained appropriate supervision for his or her employees, consistent with the requirements of paragraph (d)1. The Board proposes technical changes to existing paragraph (b)4, which requires a licensee to be present, on a regular and continuous basis, at the business permit holder's office or at the site where work is being performed. The proposed amendments do not alter the substantive requirement of paragraph (b)4.

The Board proposes that a new subsection (c) be added to N.J.A.C. 13:31- 3.4. Subsection (c) requires that every 10 employees performing electrical work be supervised by the qualifying licensee, or by a licensee or qualified journeyman electrician. This requirement applies to every 10 employees, regardless of whether the employees are performing work at a single job site, or are performing the work at several different job sites at the same time. The Board believes that the ratio of one supervisor to every 10 employees is sufficient to allow a supervisor to appropriately monitor the activities of all persons performing electrical work.

The Board also proposes a new subsection (d) at N.J.A.C. 13:31-3.4, which establishes requirements for the type of supervision that is required of employees, depending on the employee's level of experience. N.J.A.C. 13:31- 3.4(d)1 provides that if an employee performing electrical work has less than three and one half years of experience working under the Uniform Construction Code, the qualifying licensee, a licensee or a qualified journeyman electrician must provide constant on-site supervision of the employee. N.J.A.C. 13:31-3.4(d)2 provides that if any employee performing electrical work has more than three and one half years experience working under the Uniform Construction Code, the qualifying licensee, licensee or qualified journeyman electrician must give the employee a verbal or written work order, specifying the type of work to be performed. At the conclusion of the job, the employee must report to his or her supervisor to confirm that the work order has been completed. The Board proposes new subsection (d) to ensure that only those employees who have the requisite experience and knowledge of Uniform Construction Code standards are permitted to work without on-site supervision in the field. The Board believes that requiring employees with less than three and one half years experience to be constantly supervised is an appropriate measure to ensure that electrical work is accurately and safely performed.

Lastly, the Board proposes a new subsection (e) at N.J.A.C. 13:31-3.4. Subsection (e) provides that a qualifying licensee who violates any provision of N.J.A.C. 13:31-3.4 will be deemed to have engaged in occupational misconduct, and will be subject to the penalties of N.J.S.A. 45:1-21. The Board proposes this amendment in order to ensure compliance with the supervision standards established in the rule and to provide licensees with sufficient notice that violations of these standards are subject to disciplinary action.

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.

Social Impact

The Board believes that the proposed amendments to N.J.A.C. 13:31-3.4 will have a positive impact upon New Jersey citizens. The proposed amendment to N.J.A.C. 13:31-3.4(c), which requires the qualifying licensee, or a licensee or a qualified journeyman electrician to supervise every 10 employees performing electrical work, will ensure that the qualifying licensee can appropriately monitor the activities of less qualified employees. In addition, the proposed amendments to N.J.A.C. 13:31-3.4(d) will have a positive impact upon consumers by ensuring that employees performing electrical work who have less than three and one half years experience working under Uniform Construction Code safety standards have constant on-site supervision. The proposed amendments to N.J.A.C. 13:31-3.4(d) will also ensure that employees performing electrical work who have the requisite experience will, nevertheless, report to a supervisor so that their activities can be appropriately monitored.

The Board believes that the proposed amendments to N.J.A.C. 13:31-3.4 may have an impact upon qualifying licensees and business permit holders, to the extent that the proposed amendments will require a qualifying licensee to supervise the installation, erection, repair or alteration of all electrical equipment to ensure that the work is performed in compliance with the Uniform Construction Code and N.J.A.C. 13:31-1.4. In addition, the proposed amendments to N.J.A.C. 13:31-3.4 may have an impact upon qualifying licensees and business permit holders, to the extent that the proposed amendments will require a qualifying licensee to employ a licensee or qualified journeyman electrician to act as a supervisor, if the qualifying licensee employs more than 10 persons to perform electrical services. A qualifying licensee may also be required to hire additional supervisors if his or her employees have less than three and one half years experience working under the Uniform Construction Code because such employees must now be provided with constant on-site supervision.

The Board also believes that proposed new rule N.J.A.C. 13:31-1.2 will have a positive impact upon Board licensees to the extent that the new rule, which provides definitions for several terms used throughout Chapter 31, will help clarify the meaning of the Board's existing rules.

Economic Impact

The Board anticipates that the proposed new rule and amendments to N.J.A.C. 13:31-3.4 may have an economic impact upon qualifying licensees and business permit holders, to the extent that a qualifying licensee or business permit holder who employs more than 10 persons to perform electrical work will need to hire an additional licensee or qualified journeyman electrician to adequately supervise the employees. A qualifying licensee may also need to employ additional persons to provide supervision for his or her employees, if the qualifying licensee employs persons who have less than three and one half years experience working under the Uniform Construction Code, because such employees must now be provided with constant on-site supervision. The Board, however, believes that any costs that may be associated with the proposed amendments are outweighed by the need to protect the health, welfare and safety of the general public in the performance of electrical work.

In addition, the Board does not believe that the definitions proposed in new rule N.J.A.C. 13:31-1.2 will have any economic impact upon members of the regulated community or the general public. The proposed definitions will help to clarify the meaning of terms as they are used throughout the rules of Chapter 31.

Federal Standards Statement

A Federal standards analysis is not required because the proposed new rule and amendments are governed by N.J.S.A. 45:5A-1 et seq., and are not subject to any Federal standards or requirements. Specifically, N.J.A.C. 13:31-3.4 requires a qualifying licensee to supervise the installation, erection, repair or alteration of electrical equipment so as to ensure that all work is done in accordance with N.J.A.C. 13:31-1.4, which provides that all licensees and business permit holders must comply with all Federal laws, ordinances or regulations pertaining to the business of electrical contracting.

Jobs Impact

The Board believes that the proposed new rule and amendments to N.J.A.C. 13:31-3.4 may have an impact upon jobs in the State. The proposed amendment to N.J.A.C. 13:31-3.4(c), which requires that every 10 employees be supervised by the qualifying licensee, or by a licensee or qualified journeyman electrician, may cause the hiring of additional supervisors, if more than 10 persons are employed to perform electrical work. As a result, the proposed amendment may create additional positions or licensees and qualified journeyman electricians who may be employed as supervisors. In addition, the proposed amendment to N.J.A.C. 13:31-3.4(d) may have an impact upon jobs, to the extent that additional supervisors may have to be hired to provide constant on- site supervision for any employees with less than three and one half years experience working under the Uniform Construction Code because the proposed amendment prohibits these employees from working without such supervision.

The Board does not believe that proposed new rule N.J.A.C. 13:31-1.2, which provides definitions of relevant terms in Chapter 31, will result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The Board does not believe that the proposed new rule and amendments will have any impact on the agriculture industry of the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed new rule and amendments will apply. Currently, the Board has approximately 9,550 active licensees and approximately 6,600 business permit holders. If, for purposes of the Act, Board licensees and business permit holders are considered "small businesses" within the meaning of the Act, then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposed new rule and amendments, including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs of the proposed new rule and amendments, to outline the manner in which it has designed the proposed new rule and amendments to minimize any adverse economic impact upon small businesses and to set forth whether the proposed new rule and amendments establish differing compliance requirements for small businesses.

Proposed new rule N.J.A.C. 13:31-1.2 does not impose any reporting, recordkeeping or compliance requirements upon licensees or business permit holders. In addition, the proposed amendments to N.J.A.C. 13:31-3.4 do not impose reporting or recordkeeping requirements upon licensees or business permit holders. N.J.A.C. 13:31-3.4(a) requires the qualifying licensee to assume full responsibility for the inspection and supervision of all electrical work performed by the business permit holder. N.J.A.C. 13:31-3.4(b) requires the qualifying licensee to supervise the installation, erection, repair or alteration of all electrical equipment in order to ensure that all work is performed in accordance with the provisions of the Uniform Construction Code. Subsection (b) also requires that the qualifying licensee personally inspect the work of all employees and provide all employees with personal on-site supervision, consistent with the requirements of N.J.A.C. 13:31-3.4(d). Subsection (b) further requires the qualifying licensee to be present, on a regular and continuous basis, at the business permit holder's principal office or at the sites where electrical work is being performed.

N.J.A.C. 13:31-3.4(c) requires that every 10 employees performing electrical work be supervised by the qualifying licensee, or by a licensee or qualified journeyman electrician, consistent with the requirements of N.J.A.C. 13:31-3.4(d). N.J.A.C. 13:31-3.4(d) provides that the supervising qualifying licensee, licensee or qualified journeyman electrician must ensure constant on-site supervision of any employee performing electrical work, if that employee has less than three and one half years of experience working under the Uniform Construction Code. If an employee has more than three and one half years experience working under the Uniform Construction Code, the supervising qualifying licensee, licensee or qualified journeyman electrician must provide the employee with a verbal or written work order specifying the type of work that is to be performed. The employee must provide confirmation to his or her supervisor, at the conclusion of the job, that the work order has been completed.

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 above. The Board believes that the proposed amendments should be uniformly applied to all licensees and business permit holders in order to ensure the health, welfare and safety of the general public in the performance of electrical work and, therefore, no differing compliance requirements for any licensee or business permit holder are provided.

Smart Growth Impact

The Board does not believe that the proposed new rule and amendments 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:

<< NJ ADC 13:31-1.2 >>

13:31-1.2 Definitions

<<-(a) Minor repair work within the meaning of N.J.S.A. 45:5A-18(a) shall include, without limitation, the replacement of lamps and fuses operating at less than 150 volts to ground with a like or similar item.->>

<<-(b) "Qualified journeyman electrician" as used in N.J.S.A. 45:5A-18(k) shall mean and include any person who is either:->>

<<-1. The holder of a current valid license to practice electrical contracting issued by the Board;->>

<<-2. A person who has acquired 8,000 hours of practical experience working with tools in the installation, alteration or repair of wiring for electric light, heat or power and who has had a minimum of 576 classroom hours of related instruction. The requirement of practical experience shall not include time spent in supervising, engineering, estimating and other managerial tasks; or->>

<<-3. A person who can demonstrate to the satisfaction of the Board that he or she has gathered the required experience through alternative means.->>

<<-(c) "Regular employee" as used in N.J.S.A. 45:5A-18(l) shall mean an individual who receives a regular salary for the performance of functions which include, but are not necessarily limited to, those associated with the installation, repair and maintenance of electrical work for the State, county, municipality, or school district which occupies the premises on which such work is done.->>

<<+The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:+>>

<<+"Act" means the Electrical Contractor Licensing Act of 1962, P.L. 1962, c.162, N.J.S.A. 45:5A-1 et seq.+>>

<<+"Apprentice" means a person who is enrolled in a four-year apprenticeship program approved by both a Federal agency and a Federally certified state agency.+>>

<<+"Board" means the Board of Examiners of Electrical Contractors established pursuant to N.J.S.A. 45:5A-3.+>>

<<+"Business permit holder" means an electrical contractor who has obtained a business permit pursuant to N.J.S.A. 45:5A-9.+>>

<<+"Licensee" means a person who has satisfied the requirements of N.J.A.C. 13:31-2.1 and 2.2 and has been issued a license as an electrical contractor by the Board pursuant to N.J.S.A. 45:5A-9.+>>

<<+"Minor repair work" shall include, without limitation, the replacement of lamps and fuses operating at less than 150 volts to ground with like or similar lamps or fuses.+>>

<<+"Qualified journeyman electrician" means:+>>

<<+1. A person who has a current license to practice electrical contracting issued by the Board;+>>

<<+2. A person who has acquired 8,000 hours of practical hands-on experience working with tools in the installation, alteration or repair of wiring for electric light, heat or power and who has had a minimum of 576 classroom hours of instruction in the installation, alteration or repair of wiring for electric light, heat or power. "Practical hands-on experience," as used in this definition, does not include time spent supervising, engaging in the practice of engineering, estimating or performing other managerial tasks; or+>>

<<+3. A person who can demonstrate that he or she has gathered the required experience through alternative means.+>>

<<+"Qualifying licensee" means a licensee who has satisfied the requirements of N.J.A.C. 13:31-2.1 and 2.2 and whose license qualifies a business permit holder to engage in the business of electrical contracting in the State of New Jersey.+>>

<<+"Regular employee" as used in N.J.S.A. 45:5A-18(l) means an individual who receives a regular salary for the performance of functions which include those associated with the installation, repair and maintenance of electrical work for the State, county, municipality, or school district which occupies the premises on which such work is done.+>>

<< NJ ADC 13:31-3.4 >>

13:31-3.4 Supervision of electrical work

(a) <<-The licensee whose license qualifies the holder of a business permit to engage in the business of electrical contracting in the State of New Jersey->> <<+The qualifying licensee+>> shall assume full responsibility for the inspection and supervision of all electrical work<<+, other than electrical activities exempt pursuant to N.J.S.A. 45:5A-18,+>> to be performed by the <<-permittee->> <<+business permit holder+>> in compliance with the <<-recognized safety standards->> <<+Electrical Subcode of the Uniform Construction Code, set forth at N.J.A.C. 5:23-3.16 and N.J.A.C. 13:31-1.4+>>.

(b) The qualifying licensee shall <<-be deemed not to have assumed such required responsibility where he engages in the following acts and practices->>:

<<+1. Supervise the installation, erection, repair or alteration of electrical equipment for the generation, transmission or utilization of energy, other than electrical activities exempt pursuant to N.J.S.A. 45:5A- 18, to ensure that such work is performed in compliance with N.J.A.C. 13:31-1.4 and with the provisions of the Electrical Subcode of the Uniform Construction Code, set forth at N.J.A.C. 5:23-3.16, in effect at the time that the work is performed.+>>

<<-1. Failure to personally->> <<+2. Personally+>> inspect <<-and supervise->> the work of employees <<-where necessary and appropriate.->> <<+pursuant to (d) below;+>>

<<-2. Failure to ensure->> <<+3. Ensure+>> that electrical workers are afforded the degree of personal on-site supervision commensurate with their level of competence and the complexity of the work to be performed<<-.->> <<+pursuant to (d) below; and+>>

<<-3. Failure to be personally available on a reasonable basis where circumstances require personal availability.->>

4. <<-Regular and continuous absence from->> <<+Be present, on a regular and continuous basis, at+>> the principal office of the <<+ business+>> permit holder<<+,+>> where the <<+business+>> permit holder maintains a New Jersey office<<-;->><<+,+>> or <<-the regular and continuous absence from->> <<+at+>> work sites of electrical work performed in New Jersey<<+,+>> where the <<+business+>> permit holder does not maintain a New Jersey office.

<<+(c) Every 10 employees who are performing electrical work at either one job site or who are performing electrical work at several jobs at different sites simultaneously shall be supervised, pursuant to (d) below, by a qualifying licensee or by a licensee or qualified journeyman electrician.+>>

<<+(d) A qualifying licensee, licensee or qualified journeyman electrician shall provide the following supervision:+>>

<<+1. If the employee performing the work has less than three and one half years experience working under the Uniform Construction Code set forth at N.J.A.C. 5:23-3.16, the qualifying licensee, licensee or qualified journeyman electrician shall ensure constant on-site supervision of the employee; or+>>

<<+2. If the employee performing the work has more than three and one half years experience working under the Uniform Construction Code set forth at N.J.A.C. 5:23-3.16, the qualifying licensee, licensee or qualified journeyman electrician shall provide the employee with a verbal or written work order specifying the type of work to be performed, and at the conclusion of the job, the employee shall confirm that the work order has been completed.+>>

<<+(e) A qualifying licensee who violates any provision of this section shall be deemed to have engaged in occupational misconduct within the meaning of N.J.S.A. 45:1-21(e) and shall be subject to the provisions of N.J.S.A. 45:1-21.+>>



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Posted August 2003