NEW JERSEY REGISTER
VOLUME 33, NUMBER 19
MONDAY, OCTOBER 1, 2001
RULE PROPOSAL
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS
BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS RULES

Proposed Readoption with Amendments: N.J.A.C. 13:31

Proposed New Rules: N.J.A.C. 13:31-2.3 and 2.4

Proposed Recodification with Amendments: N.J.A.C. 13:31-1.2 as 2.1, 1.3 as 2.2, 1.7 as 3.1, 1.8 as 3.2, 1.10 as 3.3, 1.13 as 3.4, 1.15 as 3.5, 1.16 as 3.6, 1.17 as 4.1, 1.18 as 4.2 and 1.19 as 3.7

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

Authority: N.J.S.A. 45:5A-6 and 45:1-15.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2001-382.

Submit comments by November 30, 2001 to:

Barbara A. Cook, Executive Director
New Jersey Board of Examiners of Electrical Contractors
124 Halsey Street
PO Box 45006
Newark, New Jersey 07101

The agency proposal follows:

Summary

The New Jersey Board of Examiners of Electrical Contractors (the Board) is proposing to readopt N.J.A.C. 13:31 with amendments and new rules. These rules are scheduled to expire on November 6, 2001, pursuant to N.J.S.A. 52:14B-5.1. Because this notice of readoption has been filed prior to November 6, 2001, the expiration date of the rules in chapter 31 is extended by 180 days, pursuant to N.J.S.A. 52:14B-5.1c, to May 5, 2002.

In compliance with Executive Order No. 66(1978), the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:31 in order to delete unnecessary on unreasonable provisions and to clarify existing provisions. The Board believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable and responsive to the purposes for which they were promulgated.

Initially, the Board notes that it is proposing to recodify many of the existing rules in chapter 31 in order to better organize the rules and to eliminate any confusion that may exist as a result of the existing codification of all Board rules in one subchapter. Subchapter 1 will continue to contain rules of general applicability. Proposed recodified rules N.J.A.C. 13:31-2.1 through 2.4 contain all rules regarding licensure and business permit requirements. Proposed recodified rules N.J.A.C. 13:31-3.1 through 3.7 set forth standards of practice for licensees and business permit holders. Proposed recodified N.J.A.C. 13:31-4.1 and 4.2 set forth provisions applicable to those entities exempt from licensure and business permit requirements. The Board believes that the proposed amendments will make the existing rules easier to follow and understand. In addition, the Board notes that it is proposing minor, grammatical changes to many of the existing rules. The Board believes that these technical amendments are necessary in order to clarify the existing language in the rules. The proposed amendments, however, do not alter the substantive meaning of the rules so amended.

The following is a summary of the existing rules of chapter 31 which the Board proposes to readopt, as well as a summary of the amendments and new rules which the Board is proposing to adopt at this time.

Subchapter 1 sets forth rules of general applicability. The Board is proposing that N.J.A.C. 13:31-1.1, which establishes requirements for Board meetings, be readopted without change. Existing N.J.A.C. 13:31-1.2 and 1.3, which set forth applicant qualifications and examination requirements, are proposed to be recodified as N.J.A.C. 13:31-2.1 and 2.2. Existing N.J.A.C. 13:31-1.4, which provides definitions for terms used throughout chapter 31, is recodified as N.J.A.C. 13:31-1.2, without change. Existing N.J.A.C. 13:31-1.5, which provides that any person injured or aggrieved by the actions of a licensed electrical contractor may maintain an action on the bond that the licensee is statutorily required to maintain, is recodified at N.J.A.C. 13:31-1.3, without change. Existing N.J.A.C. 13:31-1.6, which requires electrical contractors and business permit holders to be familiar with Federal, State and municipal laws and regulations pertaining to electrical contracting, is recodified as N.J.A.C. 13:31-1.4, and is amended to clarify that licensees and permit holders must comply with all such laws and regulations. The proposed amendment also clarifies that violations of any Federal, State or municipal law or regulation pertaining to electrical contracting may be deemed occupational misconduct and could subject a licensee or permit holder to disciplinary action.

Existing N.J.A.C. 13:31-1.7 and 1.8, which concern worker's compensation insurance requirements and licensee work standards, are proposed to be recodified as N.J.A.C. 13:31-3.1 and 3.2. Existing N.J.A.C. 13:31-1.9, which requires licensees, permit holders and qualified journeyman electricians to properly identify themselves in all business correspondence, is recodified as N.J.A.C. 13:31-1.5. The Board also proposes amendments to N.J.A.C. 13:31-1.5(a) to require that all commercial vehicles used in the practice of electrical contracting be marked with the name of the licensed electrical contractor, his or her license number, an the permit number of the business qualifier. The vehicle must also be marked with the name of the owner or lessee of the vehicle and the municipality from which the licensee practices or has his or her principal office. The markings must be at least three inches in height. In addition, the Board is also proposing that N.J.A.C. 13:31-1.5(b) be amended to require that all business correspondence and stationery display the licensee's name and license number and the business permit number of the business qualifier, as well as the business address of the qualifying licensee. Proposed new subsection (c) of N.J.A.C. 13:31-1.5 requires all electrical contracting service advertisements to include the same information that is required on business correspondence. The Board is proposing these amendments in order to ensure that such relevant information is available to consumers in their dealings with licensed electrical contractors in the State. The Board is also proposing a new subsection (d) as part of N.J.A.C. 13:31-1.5, which provides that every licensee whose name, office address, place of practice, license number or business permit number appears in any advertisement, will be presumed to have caused, permitted or approved the advertising. Licensees will be personally responsible for the content and character of the advertisement. Existing subsections (c) and (d), which provide that licensees must have a business permit in their possession while performing electrical services, and that qualified journeyman electricians may obtain a journeyman electrician card for identification purposes, are proposed to be recodified as subsections (e) and (f) of N.J.A.C. 13:31-1.5, with technical amendments.

Existing N.J.A.C. 13:31-1.10, which requires a licensee to use a pressure seal on all applications for electrical work inspections, is proposed to be recodified as N.J.A.C. 13:31-3.3. Existing N.J.A.C. 13:31-1.11, which sets forth the fees that the Board collects, and N.J.A.C. 13:31-1.12, which sets forth continuing education requirements, are proposed to be recodified as N.J.A.C. 13:31-1.6 and 1.7, respectively, without change. Existing N.J.A.C. 13:31-1.13, which concerns the supervision of electrical work performed by employees of a licensee, will be recodified as N.J.A.C. 13:31- 3.4.

Existing N.J.A.C. 13:31-1.14, which requires licensees to provide the Board with notice of any change of address, is recodified as N.J.A.C. 13:31-1.8 and is amended to provide that a licensee must provide the Board with notice of any change in his or her address of record. "Address of record" is further defined as either the home, business or mailing address of a licensee, which when designated by the licensee, may be disclosed to the public upon request. The Board proposes this definition in order to provide licensees with sufficient notice that such information will be made available to the public upon request. In addition, the Board is proposing a new subsection (b) at N.J.A.C. 13:31-1.8 to provide that service of an administrative complaint or other process initiated by the Board, the Attorney General or the Division of Consumer Affairs at the licensee or business permit holder's address of record will be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding against the licensee or the permit holder.

The Board proposes that existing N.J.A.C. 13:31-1.15, concerning joint ventures, and N.J.A.C. 13:31-1.16, concerning the issuance of identification cards, be recodified as N.J.A.C. 13:31-3.5 and 3.6. Existing N.J.A.C. 13:31-1.17 and 1.18, which set forth the limited exemptions from licensure for entities engaged in telecommunications wiring, well drilling and pump installations, are proposed to be recodified as N.J.A.C. 13:31-4.1 and 4.2. Existing N.J.A.C. 13:31-1.19, which prohibits unconscionable pricing, is recodified as N.J.A.C. 13:31-3.7.

Proposed new subchapter 2 sets forth the rules which delineate licensure and business permit requirements. N.J.A.C. 13:31-2.1, which sets forth applicant qualifications, recodifies existing N.J.A.C. 13:31-1.2, with the amendments discussed below. The Board is proposing that paragraph (a)3, which provides that an applicant for licensure as an electrical contractor must have at least five years of hands-on experience, be amended to clarify exactly what type of experience an applicant may use to satisfy this experience requirement. Subparagraph (a)3i, which allows an applicant who has completed a four-year apprenticeship program and one year of additional hands-on experience to meet the licensure experience requirement, is amended to require the applicant to submit a certification from his or her employer regarding the year of hands-on experience, as well as a certificate of completion from the apprenticeship program. Subparagraph (a)3ii, which provides that an applicant who has met the requirements of a qualified journeyman electrician will satisfy the hands-on experience requirement, is amended to provide that such applicants must also have an additional year of hands-on experience. This additional year of experience is necessary, the Board believes, in order to ensure that such applicants have a total of five years of work experience prior to their application for licensure. In addition, the Board is also proposing that such applicants be required to submit a certification from their employers regarding the additional year of hands-on experience. Subparagraph (a)3iii, which provides that an applicant with a bachelor's degree in electrical engineering and two years of hands-on experience will satisfy the licensure experience requirement, is amended to clarify that the applicant must submit a copy of his or her diploma, as well as a work experience certification from his or her employer. The Board is also proposing to amend subparagraph (a)3iv in order to clarify that an applicant may satisfy the licensure experience requirement by submitting a certification from his or her employer establishing that the applicant has at least five years experience working with tools in the installation, alteration or repair of wiring for electric light, heat or power.

N.J.A.C. 13:31-2.2, which recodifies existing N.J.A.C. 13:31-1.3, provides that the licensing examination utilized by the Board is the National Electrical Contractor Licensing Examination. The Board is proposing a technical amendment to the rule in order to provide the correct name of the organization that now develops and administers the examination.

As part of subchapter 2, the Board is also proposing two new rules, N.J.A.C. 13:31-2.3 and 2.4, concerning license renewal and inactive licensure. Proposed N.J.A.C. 13:31-2.3(a) provides that a licensee submitting a renewal application within 30 days following the date of license expiration will be subject to a late fee, in addition to the license renewal fee. A licensee who fails to submit the renewal application within 30 days after the date of license expiration will have his or her license suspended without a hearing. Pursuant to subsection (b), a licensee who continues to engage in the practice of electrical contracting with a suspended license will be deemed to be engaging in unauthorized practice. A licensee who has had his or her license suspended for failure to renew the license in a timely manner may apply to the Board for reinstatement within five years following the date of license expiration, pursuant to subsection (c). A licensee seeking reinstatement must remit payment of all past delinquent renewal fees and a reinstatement fee. In addition, applicants for reinstatement will be required to submit evidence of having completed all delinquent continuing education credits, in order to ensure that they have maintained their professional competence during their suspension period. The Board is also proposing a new rule at N.J.A.C. 13:31-2.4, which provides that a licensee may, upon application to the Board, renew his or her license as inactive. A licensee who elects inactive status may not engage in the practice of electrical contracting for the entire triennial registration period. An inactive licensee can resume the active practice of electrical contracting by submitting to the Board evidence of having completed the continuing education requirements set forth at N.J.A.C. 13:31-1.7. The Board is proposing new rules N.J.A.C. 13:31- 2.3 and 2.4 in light of recent amendments to the Uniform Enforcement Act, N.J.S.A. 45:1-7.1, P.L. 1999, c.403, which mandate the license renewal and reinstatement requirements outlined in the rules.

Proposed new subchapter 3 sets forth standards of practice for licensed electrical contractors, business permit holders and qualified journeyman electricians. N.J.A.C. 13:31-3.1, which recodifies existing N.J.A.C. 13:31-1.7, requires a business permit holder to obtain worker's compensation insurance coverage for his or her employees. Subsection (a), which currently provides that a permit holder must obtain the worker's compensation required by State law for all persons employed by the permit holder and any subcontractor he or she utilizes, is amended to provide that the certificate of insurance evidencing the worker's compensation coverage be kept on file by the business permit holder. Subsection (b) is readopted with technical amendments to clarify that a business permit holder must ensure that all temporary employees working under the supervision of the permit holder have obtained worker's compensation coverage.

N.J.A.C. 13:31-3.2, concerning work standards and inspections, recodifies existing N.J.A.C. 13:31-1.8 with minor amendments. Subsection (a), which currently provides that all licensees who perform or supervise electrical work must ensure that the work is performed in accordance with the standards of the National Electrical Code, is amended to provide that the work performed must conform to the standards articulated in the Uniform Construction Code. The Board is proposing this amendment because the Uniform Construction Code, set forth at N.J.A.C. 5:23, incorporates all codes that are to be followed by persons engaging in any type of construction in the State. The National Electrical Code is only one of several codes incorporated in the Uniform Construction Code by which electrical contractors must abide. In addition to this change, the Board is also proposing to amend subsection (b), which currently provides that all licensees who perform or supervise electrical work must secure an inspection of the work in conformity with the Uniform Construction Code, to clarify that licensees must also secure permits for the work performed when required. The Board is proposing that existing subsections (c) and (d), which provide that a licensee must correct any Code violations discovered in electrical work he or she performs or supervises, and that a failure to comply with the provisions of the rule may be deemed occupational misconduct, be readopted with technical amendments.

N.J.A.C. 13:31-3.3, which recodifies existing N.J.A.C. 13:31-1.10, outlines requirements imposed upon licensees concerning the use of official, Board-provided pressure seals. Subsection (a) currently requires all licensed electrical contractors to utilize the official pressure seal provided by the Board in the conduct of their businesses. The pressure seal must be impressed upon all applications for electrical inspections. The Board is proposing to amend subsection (a) to provide that all licensed electrical contractors must, in addition to impressing the pressure seal upon all applications for inspections, sign all applications for electrical permits. The Board believes that the proposed amendment is necessary in order to ensure that a licensed electrical contractor does not allow employees or officers of the electrical contracting business to sign permit applications because obtaining such permits remains the obligation of the licensed electrical contractor. The Board is also proposing to amend subsection (a) to clarify that the pressure seal remains the property of the Board and that it must be returned to the Board under the circumstances set forth in the rule. Subsection (b), which prohibits anyone other than the electrical contractor to whom the pressure seal has been issued from using the seal, is proposed to be readopted with technical amendments. Subsection (c), which currently provides that a licensee whose license is suspended or revoked must return the seal to the Board immediately, is amended to provide that any licensee who has registered with the Board as inactive must also immediately turn in the seal.

Subsection (d) of N.J.A.C. 13:31-3.3 provides that if the qualifying licensee for the business is rendered incapable of fulfilling his or her professional duties as a result of death or illness, the return of the pressure seal may be delayed for six months if another licensed electrical contractor or other qualified person takes over the business. The Board is proposing to amend paragraph (d)1 to provide that in addition to an electrical contractor, a qualified journeyman electrician registered with the Board or other person with substantially equivalent experience may take over the business during this interim period. In addition, subsection (e) is amended to clarify that during the six month period, the business entity may complete work in progress and may contract for new work provided that all work is performed or supervised by the person qualifying the business during this interim period. Subsection (f), which provides that this six month period may be extended for an additional six months for good cause shown, is proposed to be readopted without change. Subsection (g), which requires the return of the pressure seal at the end of the initial six month period or the additional six month extension, if applicable, is readopted with technical changes for clarification purposes.

N.J.A.C. 13:31-3.4, which recodifies existing N.J.A.C. 13:31-1.13, sets forth requirements for the supervision of electrical work. N.J.A.C. 13:31- 3.4, which provides that the qualifying licensee must assume full responsibility for the inspection and supervision of all electrical work to be performed by the business permit holder, is proposed to be readopted without change. In addition, N.J.A.C. 13:31-3.5, which recodifies existing N.J.A.C. 13:31-1.15 and which requires all parties to a joint venture in electrical contracting in the State to hold business permits issued by the Board, is proposed to be readopted without change. N.J.A.C. 13:31-3.6, which recodifies existing N.J.A.C. 13:31-1.16 and which prohibits a licensee from allowing an unlicensed or unauthorized person to use the wallet sized identification card issued to the licensee at the time of license and/or business permit renewal, is proposed to be readopted with technical amendments for clarification purposes. The Board also proposes that N.J.A.C. 13:31-3.7, which recodifies existing N.J.A.C. 13:31-1.19 and which prohibits a licensee from charging an excessive fee for electrical contracting services, be readopted without change.

The rules in proposed new subchapter 4 set forth limited licensure exemptions. N.J.A.C. 13:31-4.1, which provides that businesses engaged in telecommunications wiring are exempt from the Board's license and business permit requirements, recodifies existing N.J.A.C. 13:31-1.17, with technical amendments. Specifically, the Board is amending paragraph (c)4, which requires an applicant for the telecommunications wiring exemption to submit a certification verifying that the applicant will not perform certain work unless or until the entity obtains a business permit. The Board is proposing amendments to the wording in subparagraph (c)4i in order to make the terminology utilized in the rule consistent with the newly revised provisions of the National Electrical Code. The substantive provisions of the rule remain unchanged. N.J.A.C. 13:31-4.2, which exempts from the Board's licensure and business permit requirements work performed by well drillers or pump installers licensed pursuant to N.J.S.A. 58:4A-4.1 et seq., recodifies existing N.J.A.C. 13:31-1.18 and is proposed to be readopted without change.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the existing rules, which have been in effect for the past five years, have protected the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to engage in the practice of electrical contracting. These rules establish the requisite standards of licensure in the State and positively affect the regulated community by clarifying the varied aspects of the practice of electrical contracting for the benefit of all licensed electrical contractors, business permit holders and qualified journeyman electricians, and applicants for licensure and/or business permits. The readoption of N.J.A.C. 13:31 is essential in order for the Board to continue to regulate the practice of electrical contracting, to identify those individuals who are qualified to engage in the practice, and to ensure that every licensee, business permit holder, qualified journeyman electrician, and applicant for licensure and/or business permit is aware of the procedures involved in the issuance of a license and/or business permit.

The readoption of N.J.A.C. 13:31 continues the accepted practice standards for licensed electrical contractors, business permit holders and qualified journeyman electricians established by the Board, and by so doing, provides licensees, permit holders, qualified journeyman electricians and applicants for licensure and/or business permits with a clear and comprehensive set of rules to guide them in their professional work. Applicants for licensure will benefit by having a set of rules which govern the manner in which they may qualify for licensure. The Board also believes that licensees will benefit from the proposed readoption as a result of the uniform standards that will be applied throughout the field of electrical contracting.

The Board believes that the proposed readoption of these rules will have a positive impact upon the general public by continuing to safeguard the public health and safety by ensuring the maintenance of appropriate practice standards, which will enable licensees, business permit holders and qualified journeyman electricians to provide the highest quality service in the performance of electrical work.

The Board believes that the proposed amendments to chapter 31 will have a positive impact upon the licensed community and upon the consumers it serves. The Board believes that the proposed recodification of its existing rules will have a positive impact upon licensees, permit holders and qualified journeyman electricians by making its existing rules better organized and, therefore, easier to follow. In addition, the Board believes that the proposed amendments to subchapter 1 will have a positive impact upon licensees and permittees by clarifying what information must be provided on all vehicles and stationery and in all advertising used by electrical businesses pursuant to N.J.A.C. 13:31- 1.5. The proposed amendments to N.J.A.C. 13:31-1.5 will also be beneficial to consumers by ensuring that consumers have sufficient information regarding the electrical contractors they engage for the provision of electrical services.

The proposed amendments to N.J.A.C. 13:31-2 will have a positive impact upon applicants for licensure by clarifying what information and documentation must be submitted as part of an application for licensure as an electrical contractor pursuant to the provisions of N.J.A.C. 13:31-2.1. In addition, the Board believes that the proposed new rules N.J.A.C. 13:31-2.3, concerning license renewal, suspension and reinstatement, and N.J.A.C. 13:31-2.4, concerning inactive licensure status, will have a positive impact upon the regulated community, to the extent that licensees will be on notice as to what activities they must perform in order to maintain a license that is inactive, or to reinstate a license that has been suspended.

Proposed new subchapter 3 will have a positive impact upon the regulated community to the extent that the proposed new subchapter clarifies existing requirements concerning appropriate business practices for licensed electrical contractors and business permit holders. The Board likewise believes that proposed new subchapter 4, which incorporates all existing rules applicable to persons or business entities exempt from the licensure and business permit requirements imposed by the Board, will have a positive impact upon such persons or business entities by making the rules better organized and easier to follow.

Economic Impact

The Board anticipates that the proposed readoption with amendments and new rules will not impose any new or additional significant costs upon applicants for licensure, licensees, business permit holders, qualified journeyman electricians or consumers. The proposed readoption of the existing rules will continue the economic impact that the rules have had on such persons for the past five years. Subchapter 1 will continue to have an economic impact upon electrical contractors and business permit holders to the extent that N.J.A.C. 13:31-1.3 entitles any person injured, aggrieved or damaged by the actions of the holder of the bond required to be maintained pursuant to N.J.S.A. 45:5A-1 et seq., to bring an action against the obligor of the bond. In addition, the proposed amendments to N.J.A.C. 13:31-1.5, which require the inclusion of certain identifying information on vehicles, stationery and advertising, will have an economic impact upon licensees and permit holders, to the extent that licensees and/or permit holders will incur costs associated with ensuring that the required information is included on all commercial vehicles, business stationery and advertising utilized by the electrical business. N.J.A.C. 13:31-1.6, which sets forth the Board's fee schedule, will continue to have an economic impact upon licensees, permit holders and qualified journeyman electricians, to the extent that such persons will be required to remit to the Board the fees specified in the rule. In addition, N.J.A.C. 13:31-1.7, concerning continuing education requirements, will continue to impose economic costs upon licensed electrical contractors, to the extent that licensees must satisfy continuing education requirements during each triennial renewal period. N.J.A.C. 13:31-1.8, which requires licensees and permit holders to notify the Board of any change in address, may have an economic impact upon licensees and business permit holders, to the extent that such individuals may incur administrative costs associated with notifying the Board of such changes.

The rules in proposed new subchapter 2 will continue to have an economic impact upon licensees and applicants for licensure. Applicants for licensure may experience an economic impact as a result of N.J.A.C. 13:31-2.1, which sets forth applicant qualifications, to the extent that they incur costs associated with submitting the required application and supporting materials, as well as the costs of the examination required pursuant to N.J.A.C. 13:31- 2.2. In addition, proposed new N.J.A.C. 13:31-2.3, concerning licensure renewal, suspension and reinstatement, may have an economic impact upon licensees, to the extent that licensees who submit their renewal applications within 30 days of their license expiration date must submit a late fee, in addition to the standard license renewal fee charged by the Board. In addition, licensees who have had their licenses suspended for failure to renew within 30 days of the license expiration date may incur additional costs if they wish to have their license reinstated. A licensee seeking reinstatement within five years of the date his or her license expired must submit a renewal application, all past delinquent renewal fees and a reinstatement fee. Applicants for reinstatement must also have completed all delinquent continuing professional education requirements prior to reinstatement. Proposed new N.J.A.C. 13:31- 2.4, concerning inactive licensure status, may also have an economic impact upon licensees who choose to renew their licenses with the designation of inactive status, to the extent that such persons who wish to resume the active practice of electrical contracting may experience the economic costs associated with having to complete the continuing education requirements specified in N.J.A.C. 13:31-1.7 prior to resumption of practice.

The rules of proposed new subchapter 3, concerning standards of practice, will continue to have an economic impact upon licensed electrical contractors and business permit holders. Business permit holders may experience an economic impact as a result of costs associated with obtaining worker's compensation insurance coverage for all persons employed by the permit holder and any subcontractor utilized by the permit holder, pursuant to the requirements of N.J.A.C. 13:31-3.1. In addition, licensees and/or permit holders may incur costs associated with obtaining work permits and inspections required pursuant to N.J.A.C. 13:31-3.2(b), and in remediating Uniform Construction Code violations found in the licensee's work, pursuant to the requirements of N.J.A.C. 13:31-3.2(c).

N.J.A.C. 13:31-3.3, which requires a licensee to use an official pressure seal on all applications for electrical inspections, will continue to have an economic impact upon licensees, to the extent that licensees must pay for the pressure seal prior to its issuance by the Board. In addition, an electrical business may experience an economic impact as a result of the requirements outlined in N.J.A.C. 13:31-3.3(c), which requires a licensee to return the pressure seal to the Board upon the licensee's suspension or license revocation, or registration as inactive, thereby prohibiting the business from engaging in any electrical work. Subsections (d) and (e) may also have an economic impact upon a business entity by allowing the entity to continue to engage in the business of electrical contracting for up to one year without the licensed electrical contractor to whom the pressure seal was issued, provided the Board is notified of the change and an appropriate replacement for the licensed contractor is hired.

N.J.A.C. 13:31-3.4, which sets forth the requirements for supervision of electrical work, will continue to have an economic impact upon licensees, to the extent that licensees may delegate the performance of certain electrical work to employees provided the requirements of the rule are satisfied, thereby increasing the number of jobs that a licensee may undertake. N.J.A.C. 13:31- 3.5, which imposes requirements on those entities engaged in joint ventures concerning electrical work, will continue to have an economic impact upon participants to any such joint venture, to the extent that all business entities that are part of the joint venture must hold business permits issued by the Board and, therefore, must remit the fee for such permits set forth at N.J.A.C. 13:31-1.6. N.J.A.C. 13:31-3.7, which prohibits unconscionable pricing, will also continue to have an economic impact upon licensees and permit holders, to the extent that the fees that may be charged by electrical businesses for their services must conform to the criteria set forth in the rule.

The rules of subchapter 4 will have an economic impact upon those entities exempt from the licensure and business permit requirements imposed by the Board. N.J.A.C. 13:31-4.1, which concerns entities engaged in telecommunications wiring, will continue to have an economic impact upon such entities, to the extent that an entity incurs administrative expenses associated with submitting the application and documentation required for the exemption. In addition, such entities may incur administrative expenses in notifying the Board of any changes in address or ownership, as required pursuant to N.J.A.C. 13:31-4.1(g) and (h). N.J.A.C. 13:31-4.2, which concerns entities that perform well drilling and pump installation and that are licensed pursuant to N.J.S.A. 58:4A-4.1 et seq., will continue to have an economic impact upon such entities to the extent that they are exempt from the licensure and business permit requirements imposed by the Board. Such entities, however, may incur costs associated with obtaining all required permits and inspections for their work in compliance with subsection (a)2 of N.J.A.C. 13:31-4.2.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with amendments and new rules are governed by N.J.S.A. 45:5A-1 et seq., and, are not subject to any Federal standards or requirements. Although the rules in N.J.A.C. 13:31 are not subject to any mandated Federal requirements or standards, where deemed appropriate, the Board has voluntarily required licensees and permit holders to comply with applicable Federal laws and regulations. Specifically, N.J.A.C. 13:31-1.4 requires all licensed electrical contractors and business permit holders to comply with all general and special Federal laws and regulations pertaining to the business of electrical contracting. In addition, N.J.A.C. 13:31-4.1, which exempts from the licensure and business permit requirements of chapter 31 any entity performing telecommunications wiring, requires all exempt entities to comply with applicable Federal Communications Commission regulations set forth at 47 C.F.R. ß 68.1 et seq.

The Board also notes that applicants for licensure seeking to satisfy the experience requirement set forth at N.J.A.C. 13:31-2.1 may enroll in an apprenticeship program approved by both a Federal agency and a Federally certified State agency. Such applicants would be required to comply with all Federal requirements of such programs.

Jobs Impact

The rules proposed for readoption with amendments and new rules will enable the Board to continue to evaluate the qualifications of all applicants for licensure and to ensure that only qualified persons are eligible to engage in the practice of electrical contracting in the State. In addition, the rules proposed for readoption with amendments and new rules will continue to provide the Board with a mechanism to limit licensure to those individuals who adhere to appropriate practice standards. The rules proposed for readoption with amendments may have an impact upon jobs in the State to the extent that applicants for licensure and business permits,licensed electrical contractors, business permit holders and qualified journeyman electricians fail to comply with the requirements established in N.J.A.C. 13:31.

Agriculture Industry Impact

The Board does not anticipate that the rules proposed for readoption with amendments and new rules 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 provide a description of the types and an estimate of the number of small businesses to which the rules proposed for readoption with amendments and new rules will apply. Currently, the Board regulates approximately 9,550 licensees and approximately 6,600 permit holders. If, for purposes of the Act, Board licensees and permit holders are considered "small businesses," then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the rules proposed for readoption with amendments and new rules, 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 rules proposed for readoption, to outline the manner in which it has designed the proposed readoption to minimize any adverse economic impact upon small businesses, and to set forth whether the rules proposed for readoption establish differing compliance requirements for small businesses.

The proposed readoption with amendments of subchapter 1 will continue to impose reporting and compliance requirements upon licensed electrical contractors, qualified journeyman electricians and permit holders. N.J.A.C. 13:31-1.4 requires all electrical contractors and business permit holders to comply with all general and specific Federal, State and municipal laws, ordinances and regulations dealing with electrical contracting. N.J.A.C. 13:31-1.5(a) requires all electrical contractors and permit holders to ensure that any commercial vehicle utilized in the provision of electrical contracting services is visibly marked on both sides with the following information: the name and license number of the qualifying licensee; the business permit number of the business permit holder; the name of the owner or lessee of the vehicle; and the municipality from which the licensee practices or has a principal office. All required information must be in lettering that is at least three inches in height. Subsections (b) and (c) of N.J.A.C. 13:31-1.5 require that all business correspondence, stationery and advertising utilized by a licensee or permit holder also contain the name, license number and street address of the qualifying licensee, as well as the business permit number of the business permit holder. N.J.A.C. 13:31-1.5(e) requires a licensee engaging in electrical contracting work to have a business permit in his or her possession. N.J.A.C. 13:31-1.5(f) requires qualified journeyman electricians who have requested an identification card from the Board, to pay the fee set forth at N.J.A.C. 13:31-1.6 for the card.

N.J.A.C. 13:31-1.7 continues to require all licensees to complete a course of study on each new edition of the National Electrical Code for purposes of continuing education. N.J.A.C. 13:31-1.8 requires all licensees and business permit holders to report to the Board any change in their address of record. Notice must be provided to the Board within 10 days of such change.

Subchapter 2 imposes various compliance requirements upon applicants for initial licensure as electrical contractors and upon electrical contractors seeking to renew their licenses. Pursuant to N.J.A.C. 13:31-2.1, an applicant for initial licensure must submit proof to the Board that he or she is over the age of 21, holds a high school diploma or equivalency certificate, and has five years of practical hands-on experience working with tools in the installation, alteration or repair of wiring for electric light, heat or power. In order to satisfy the five year experience requirement, an applicant must establish that he or she has: completed a four year apprenticeship program and one year of hands-on experience; satisfied the definition of a qualified journeyman electrician as set forth in N.J.A.C. 13:31-1.2 and has completed one additional year of hands-on experience; earned a bachelor's degree in electrical engineering and completed two years of hands-on experience; or worked in the field of electrical contracting for five years immediately preceding the date of application. In order to document the five year experience requirement, an applicant must submit, if applicable: a certificate of completion issued by the apprenticeship program; proof establishing satisfaction of the requirements necessary to become a qualified journeyman electrician; a copy of the bachelor's degree diploma; and a certificate from an employer verifying the number of years of practical hands-on experience the applicant has completed.

N.J.A.C. 13:31-2.1(b) requires an applicant to obtain a passing grade on the National Electrical Contractors Licensing Examination as a prerequisite to licensure. An applicant who fails the examination may not retake the examination for six months from the date of the failure. In addition, an applicant is required to complete all forms and questionnaires supplied by the Board, as provided in subsection (c). Proposed new N.J.A.C. 13:31-2.3(a) requires licensees to remit their renewal applications to the Board, along with the specified renewal fee, prior to the date of their license expiration. If a licensee submits the renewal application within 30 days following the date of his or her license expiration, he or she must also submit a late fee with the application. If a licensee fails to submit the renewal application within 30 days of the license expiration date, he or she must cease engaging in the practice of electrical contracting because his or her license is considered suspended. Pursuant to subsection (c) of N.J.A.C. 13:31-2.3, a licensee applying for reinstatement within five years of the date his or her license expired must submit a renewal application, all past delinquent renewal fees and a reinstatement fee. Licensees seeking reinstatement must also submit evidence of having completed all delinquent continuing education requirements. Proposed new N.J.A.C. 13:31-2.4 requires licensees who seek to renew their licenses as inactive to cease engaging in the practice of electrical contracting for the entire triennial registration period. An inactive licensee who seeks to resume the active practice of electrical contracting must submit evidence to the Board of having completed all continuing education requirements for the triennial period in which they were inactive.

Subchapter 3 imposes recordkeeping and compliance requirements upon licensees and business permit holders. N.J.A.C. 13:31-3.1(a) requires all business permit holders to obtain worker's compensation insurance for all individuals employed by the business permit holder or his or her subcontractor. The business permit holder is required to maintain a certificate of insurance as proof of such coverage. Subsection (b) of N.J.A.C. 13:31-3.1 requires business permit holders to ensure that all temporary employees working under the supervision of the permit holder have obtained worker's compensation coverage. N.J.A.C. 13:31-3.2 requires all licensees and permit holders to comply with specified work standards. Subsection (a) requires every licensee who performs or supervises electrical work to ensure that the work performed is in conformity with the standards of the Uniform Construction Code in effect at the time the work is performed. Every licensee who performs or supervises electrical work must secure all necessary permits and inspections of the completed work in order to ensure that the work has been performed in conformity with the Uniform Construction Code, pursuant to subsection (b). Subsection (c) requires licensees to correct, within a reasonable time and at no additional charge to the customer, any Code violation discovered in the electrical work performed or supervised by the licensee.

N.J.A.C. 13:31-3.3 requires all licensees to use a pressure seal when conducting business. Subsection (a) requires a licensed contractor to impress his or her official pressure seal upon all applications for electrical inspections by State inspection agencies. In addition, licensed contractors are required to sign all applications for electrical permits. Subsection (b) of N.J.A.C. 13:31-3.3 prohibits an electrical contractor from allowing any person other than the licensee from using the pressure seal. Subsection (c) requires a licensee who has had his or her license suspended or revoked, or who has registered as inactive, to return the pressure seal to the Board. If the licensee is rendered incapable of fulfilling his or her professional duties, however, the business may delay returning the pressure seal to the Board for up to six months provided the Board is notified in writing of the name of a new licensed electrical contractor, qualified journeyman electrician or other person who has substantially equivalent experience who can qualify the business entity to remain in business. The business must also continue to comply with all provisions of the Electrical Contractors Licensing Act and all regulations adopted by the Board, pursuant to subsection (d). Subsection (e) requires that all work performed during this interim six month period must be performed or supervised by the person who qualifies the business and whose name has been provided to the Board in writing. At the end of the six month interim period, or at the end of any extension to this period provided by the Board, the pressure seal must be returned to the Board, pursuant to subsection (g).

N.J.A.C. 13:31-3.4 requires the qualifying licensee to assume full responsibility for the inspection and supervision of all electrical work performed by the business permit holder. All work must be performed in accordance with recognized safety standards. Specifically, the qualifying licensee must inspect and supervise the work of all employees where necessary, and must provide on-site supervision of all employees commensurate with their level of competence and the complexity of the work performed. The qualifying licensee must also be personally available to handle emergent situations and is, therefore, prohibited from being absent on a regular and continuous basis from the principal office of the permit holder or from the work site. N.J.A.C. 13:31-3.5 requires all parties to a joint venture for the purpose of performing electrical work in the State to hold business permits issued by the Board.

N.J.A.C. 13:31-3.6(a) prohibits a licensee from allowing an unlicensed or unauthorized person to use the wallet sized identification card issued to the licensee at the time of license and/or business permit renewal. The licensee is also required to present the identification card, upon request, to any duly licensed inspection agency upon all applications for electrical permits. Subsection (b) of N.J.A.C. 13:31-3.6 prohibits a licensee from using the identification card of another licensee. Use of an identification card by anyone other than the licensee to whom it was issued or his or her authorized agent will subject a licensee to action by the Board. N.J.A.C. 13:31-3.7 prohibits a licensee from charging an excessive fee for electrical contracting services.

Subchapter 4 imposes reporting and compliance requirements upon persons granted a limited exemption from the licensure and business permit requirements of the Electrical Contractors Licensing Act and the rules of chapter 31. Pursuant to N.J.A.C. 13:31-4.1(c), a business engaged in telecommunications wiring may be exempt from the Board's licensure and business permit requirements provided it submits an application to the Board documenting the following: the name and address of the applicant business; the names and address of the owners, partners and/or officers of the entity; a certification that the applicant is familiar with and is in compliance with applicable National Electrical Code requirements and the regulations of the New Jersey Department of Community Affairs and that the applicant will obtain all required local permits and inspections; a certification that the applicant will not perform work specified in N.J.A.C. 13:31-4.1(c)4i, which has been designated by the Board as activities requiring a license; and a certification that the business will not subcontract telecommunications wiring work to a person or business entity which does not have a business permit or telecommunications wiring exemption issued by the Board. Subsection (d) requires all entities applying for the telecommunications wiring exemption to remit the fee set forth in N.J.A.C. 13:31-1.6. Subsections (g) and (h) require the exempt entity to notify the Board in writing of any change of address within 10 days, and of any change in name, ownership or form of ownership within 30 days. N.J.A.C. 13:31-4.2, which exempts well drillers or pump installers licensed pursuant to N.J.S.A. 58:4A-4.1 et seq., from licensure and business permit requirements imposed by the Board, requires such exempt persons or business entities to obtain all permits and inspections required pursuant to the Uniform Construction Code.

No additional professional services will be needed to comply with the rules proposed for readoption with amendments and new rules. In addition, the Board does not believe that there will be any significant, additional economic impact upon licensees, permit holders and qualified journeyman electricians as a result of the rules proposed for readoption with amendments and new rules. The costs of compliance with the rules proposed for readoption with amendments and new rules are discussed in the Economic Impact statement above. The Board believes that the rules proposed for readoption with amendments and new rules should be uniformly applied to all licensed electrical contractors, business permit holders and qualified journeyman electricians in order to ensure the health, welfare and safety of the general public in the provision of electrical contracting services and, therefore, no differing compliance requirements for any licensee permit holder or journeyman electrician are provided based upon the size of the business.

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:31.

Full text of the proposed amendments and new rules follows :

Recodification Table
N.J.A.C. 13:31

Existing Rules Proposed
Recodification
1.1 Board meetings; quorum 1.1
1.2 Qualification of applicants 2.1
1.3 Examinations 2.2
1.4 Definitions 1.2
1.5 Bonds 1.3
1.6 Familiarity with laws 1.4
1.7 Worker's compensation 3.1
1.8 Work standards and inspections 3.2
1.9 Identification of licensees, permittee and qualified journeyman electrician 1.5
1.10 Requirement of pressure seal defined 3.3
1.11 Fee schedule 1.6
1.12 Continuing education 1.7
1.13 Supervision of electrical work 3.4
1.14 Notification of change of address 1.8
1.15 Joint ventures 3.5
1.16 Requirement of identification card defined 3.6
1.17 Limited telecommunications wiring exemption 4.1
1.18 Limited well drillers or pump installers exemption 4.2
1.19 Unconscionable pricing 3.7

Proposed New Rules

2.3 License renewal; suspension; reinstatement
2.4 Inactive license status

SUBCHAPTER 1. GENERAL RULES AND REGULATIONS

(Agency Note: N.J.A.C. 13:31-1.2 and 1.3 are proposed for recodification with amendments as N.J.A.C. 13:31-2.1 and 2.2.)

Recodify existing N.J.A.C. 13:31-1.4 and 1.5 as <<+1.2 and 1.3+>> (No change in text.)

<< NJ ADC 13:31-1.4 >>

<< NJ ADC 13:31-1.6 >>

13:31-<<-1.6->><<+1.4 +>><<-Familiarity->> <<+Compliance+>> with laws

Electrical contractors and business permit holders shall <<-be familiar->> <<+comply+>> with all general and special Federal, State and municipal laws, ordinances and regulations pertaining to the business of electrical contracting and those employed or engaged therein. <<+Violations of any such Federal, State and municipal laws, ordinances and regulations may be deemed occupational misconduct within the meaning of N.J.S.A. 45:1-21(e) and may subject a licensee to disciplinary action as set forth at N.J.S.A. 45:1-21 et seq.+>>

<< NJ ADC 13:31-1.7 >>

<< NJ ADC 13:31-1.8 >>

<< NJ ADC 13:31-3.1 >>

<< NJ ADC 13:31-3.2 >>

(Agency Note: N.J.A.C. 13:31-1.7 and 1.8 are proposed for recodification with amendments as N.J.A.C. 13:31-3.1 and 3.2.)

<< NJ ADC 13:31-1.5 >>

<< NJ ADC 13:31-1.9 >>

13:31-<<-1.9->><<+1.5+>> Identification of licensees, permittee<<+ s+>> and qualified journeyman electricians<<+; vehicles; stationery; advertising+>>

(a) All <<+commercial+>> vehicles utilized <<-for the installation or repair of electrical equipment->> <<+in the practice of licensed electrical contracting+>> shall be visibly marked <<-with the company name, the license number and the business permit number.->> <<+on both sides with the following information:+>>

<<+1. The name of the licensed electrical contractor in lettering at least three inches in height;+>>

<<+2. The words "Electrical Contractor license number" or "Electrical Contractor Lic. #" followed by the license number of the qualifying licensee and the words "Electrical Contractor business permit number" or "Electrical Contractor Bus. Permit #" followed by the business permit number of the business permit holder in lettering at least three inches in height; and+>>

<<+3. The name of the owner or lessee of the vehicle and the municipality from which the licensee practices or where the licensee has a principal office in lettering at least three inches in height.+>>

<<+i. Where available space for lettering is limited, either by design of the vehicle or by the presence of other legally specified identification markings, making strict compliance with (a)1, 2 or 3 above impractical, the size of the lettering shall be as close to three inches high as possible within the limited space, provided the name is clearly visible and readily identifiable.+>>

(b) All business correspondence and <<-advertising->> <<+stationery+>> shall display <<-the license or business permit number.->> <<+the following information:+>>

<<+1. The name of the licensed electrical contractor;+>>

<<+2. The words "Electrical Contractor license number" or "Electrical Contractor Lic. #" followed by the license number of the qualifying licensee and the words "Electrical Contractor business permit number" or "Electrical Contractor Bus. Permit #" followed by the business permit number of the business permit holder; and+>>

<<+3. The business address, including the street name and number, of the qualifying licensee.+>>

<<+(c) All advertising shall include the following information:+>>

<<+1. The name of the licensed electrical contractor;+>>

<<+2. The words "Electrical Contractor license number" or "Electrical Contractor Lic. #" followed by the license number of the qualifying licensee and the words "Electrical Contractor business permit number" or "Electrical Contractor Bus. Permit #" followed by the business permit number of the business permit holder; and+>>

<<+3. The business address, including the street name and number, of the qualifying licensee.+>>

<<+(d) Every licensed electrical contractor whose name, office address, place of practice, license number or business permit number appears or is mentioned in any advertisement of any kind or character shall be presumed to have caused, permitted or approved the advertising and shall be personally responsible for its content and character.+>>

<<-(c)->><<+(e)+>> No licensee shall perform electrical contracting work without having in his <<+or her+>> possession a business permit identification as provided in N.J.S.A. 45:5A-9.

<<-(d)->><<+(f)+>> Upon request, the Board <<-of Examiners of Electrical Contractors will->> <<+shall+>> issue a qualified journeyman electrician identification card to an individual who satisfies the definition of N.J.A.C. 13:31-<<-1.4(b)1, 2 or 3->><<+1.2+>> and requests such a card. The fee, as set forth in N.J.A.C. 13:31-<<-1.11->><<+1.6+>>, shall be payable only one time.

<< NJ ADC 13:31-1.10 >>

<< NJ ADC 13:31-3.3 >>

(Agency Note: N.J.A.C. 13:31-1.10 is proposed for recodification with amendments as N.J.A.C. 13:31-3.3.)

<< NJ ADC 13:31-1.6 >>

<< NJ ADC 13:31-1.7 >>

<< NJ ADC 13:31-1.11 >>

<< NJ ADC 13:31-1.12 >>

Recodify existing 13:31-1.11 and 1.12 as <<+1.6 and 1.7+>> (No change in text.)

<< NJ ADC 13:31-1.4 >>

<< NJ ADC 13:31-1.13 >>

(Agency Note: N.J.A.C. 13:31-1.13 is proposed for recodification without change as N.J.A.C. 13:31-3.4.)

<< NJ ADC 13:31-1.8 >>

<< NJ ADC 13:31-1.14 >>

13:31-<<-1.14->><<+1.8+>> Notification of change of address<<+; service of process+>>

<<+(a)+>> Every licensee and business permit holder shall give notice to the Board of any change of <<+his or her+>> address <<+of record+>> within 10 days of such change. <<+For purposes of this section, "address of record" means an address designated by a licensee or business permit holder which is part of the public record and which may be disclosed upon request. "Address of record" may be a licensee or business permit holder's home, business or mailing address, but shall not be a post office box.+>>

<<+(b) Service of an administrative complaint or other process initiated by the Board, the Attorney General or the Division ofConsumer Affairs at the licensee or business permit holder's address of record shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding against the licensee or business permit holder.+>>

<< NJ ADC 13:31-1.15 >>

<< NJ ADC 13:31-1.16 >>

<< NJ ADC 13:31-1.17 >>

<< NJ ADC 13:31-1.18 >>

<< NJ ADC 13:31-1.19 >>

<< NJ ADC 13:31-3.5 >>

<< NJ ADC 13:31-3.6 >>

<< NJ ADC 13:31-3.7 >>

<< NJ ADC 13:31-4.1 >>

<< NJ ADC 13:31-4.2 >>

(Agency Note: N.J.A.C. 13:31-1.15 through 1.19 are proposed for recodification with amendments as N.J.A.C. 13:31-3.5, 3.6, 4.1, 4.2 and 3.7, respectively.)

SUBCHAPTER 2. <<-(RESERVED)->> <<+LICENSURE AND BUSINESS PERMIT REQUIREMENTS+>>

<< NJ ADC 13:31- >>

13:31-<<-1.2->><<+2.1+>> Qualifications of applicants

(a) Applicants for examination for a license as an electrical contractor shall present proof to the Board that the applicant:

1. Is over the age of 21 years;

2. Holds a high school diploma or equivalency certificate; and

3. Has had, immediately preceding the <<-making->> <<+submission+>> of the application, at least five years of <<+practical+>> hands-on experience working with tools in the installation, alteration, or repair of wiring for electric light, heat or power, which work shall have been done in compliance with the National Electrical Code. <<-Hands-on->> <<+ "Practical hands-on+>> experience<<+"+>> shall not include time spent in supervising, <<+engaging in the practice of+>> engineering, estimating and <<+performing+>> other managerial tasks. <<-Hands-on experience means that the applicant has->> <<+In the alternative, the applicant may satisfy the practical hands-on experience requirement by having+>>:

i. Completed a four-year apprenticeship program approved by both a Federal agency and a Federally certified State agency <<-recognized by the Board->> and at least one year of <<+practical+>> hands-on experience <<-acceptable to the Board->> <<+as defined in (a)3 above+>>. A certificate of completion issued by the apprenticeship program <<+and a certification by an employer regarding the additional year of practical hands-on experience+>> shall be submitted with the application for the electrical contractor's examination <<-as well as proof of the additional year of hands-on experience->>; or

ii. <<-Met->> <<+Satisfied+>> the definition of a qualified journeyman electrician <<+as set forth in N.J.A.C. 13:31-1.2 and completed at least one year of practical hands-on experience as defined in (a)3 above+>>. The applicant shall submit proof of having satisfied the definition of <<+a qualified journeyman electrician in+>> N.J.A.C. 13:31-<<-1.4(b)->><<+1.2 and a certification by an employer regarding the additional year of practical hands-on experience+>>;

iii. Earned a bachelor's degree in electrical engineering and completed two years of <<+practical+>> hands-on experience <<-acceptable to the Board;->> <<+as defined in (a)3 above. The applicant shall submit a copy of his or her diploma and a certification by an employer regarding the additional two years of practical hands-on experience;+>> or

iv. <<-Provided proof of the necessary education and five years of hands- on experience gathered through an alternative means.->> <<+Worked in the field of electrical contracting for at least five years immediately preceding the date of application. The applicant shall submit a certification by an employer establishing that the applicant has at least five years of practical hands-on experience as defined in (a)3 above.+>>

<< NJ ADC 13:31-1.3 >>

<< NJ ADC 13:31-2.2 >>

13:31-<<-1.3->><<+2.2+>> Examinations

(a) The Board examination shall be the National Electrical Contractor Licensing Examination developed <<+and administered+>> by <<-the National Assessment Institute of College Park, Maryland->> <<+Experior Assessment, LLC+>>.

(b)-(c) (No change.)

<< NJ ADC 13:31-2.3 >>

<<+13:31-2.3 License renewal; suspension; reinstatement+>>

<<+(a) A licensee shall renew his or her license for a period of three years from the last expiration date. The licensee shall remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:31-1.6, prior to the date of license expiration. A licensee who submits a renewal application within 30 days following the date of license expiration shall submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:31- 1.6. A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.+>>

<<+(b) A licensee who continues to engage in the practice of electrical contracting with a suspended license shall be deemed to be engaging in the unauthorized practice of electrical contracting and shall be subject to the penalties set forth in N.J.S.A. 45:1-25 et seq.+>>

<<+(c) A licensee who has had his or her license suspended pursuant to (a) above may apply to the Board for reinstatement within five years following the date of license expiration. A licensee applying for reinstatement shall submit a renewal application, all past delinquent renewal fees and the reinstatement fee set forth in N.J.A.C. 13:31-1.6, as well as evidence of having completed all delinquent continuing education credits consistent with the requirements set forth in N.J.A.C. 13:31-1.7.+>>

<< NJ ADC 13:31-2.4 >>

<<+13:31-2.4 Inactive license status+>>

<<+A licensee may, upon application to the Board, renew his or her license by choosing inactive status. A licensee electing to renew his or her license as inactive shall not engage in the practice of electrical contracting for the entire triennial registration period. An inactive licensee may resume the practice of electrical contracting upon submission of evidence to the Board of having completed the continuing education requirements set forth in N.J.A.C. 13:31-1.7.+>>

<<+SUBCHAPTER 3. STANDARDS OF PRACTICE+>>

<< NJ ADC 13:31-1.7 >>

<< NJ ADC 13:31-3.1 >>

13:31-<<-1.7->><<+3.1+>> Worker's compensation

(a) Business permit holders shall obtain the worker's compensation insurance required by the laws of this State covering employees employed by the business permit holder or his subcontractor. Business permit holders shall <<- keep->> <<+maintain on file+>> a certificate of insurance evidencing such coverage <<-on file with the Board->>.

(b) Business permit holders shall <<-be responsible for ensuring->> <<+ ensure that+>> all temporary employees <<-in their employ->> <<+working under the supervision of the permit holders+>> have <<+obtained+>> the required worker's compensation coverage.

<< NJ ADC 13:31-1.8 >>

<< NJ ADC 13:31-3.2 >>

13:31-<<-1.8->><<+3.2+>> Work standards and inspections

(a) Every licensee who performs or supervises the installation, erection, repair or alteration of electrical equipment for the generation, transmission or utilization of electrical energy subject to "The Electrical Contractors Licensing Act of 1962" (N.J.S.A. 45:5A-1 et seq.) shall <<- assure->> <<+ensure+>> that the work performed <<-conforms to->> <<+is in conformity with+>> the standards of the <<-National Electrical Code->> <<+Uniform Construction Code, N.J.A.C. 5:23+>>, in effect at the time work is performed.

(b) Every licensee who performs or supervises work described in (a) above shall <<+secure permits when required and+>>, within a reasonable time after completion of the work, secure an inspection of the completed work <<- in->> <<+when required to ensure+>> conformity with the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., and the Uniform Construction Code, N.J.A.C. 5:23<<--1.1 et seq->>.

(c) Every <<-such->> licensee shall be responsible for correcting, within a reasonable time and at no additional charge to the customer, any Code violation discovered in the work performed or supervised by the licensee.

(d) Failure to comply with (a), (b) or (c) above <<-shall->> <<+may+>> be deemed occupational misconduct within the meaning of N.J.S.A. 45:1- 21(e) <<+and may subject the licensee to disciplinary action as set forth in N.J.S.A. 45:1-21 et seq+>>.

<< NJ ADC 13:31-1.10 >>

<< NJ ADC 13:31-3.3 >>

13:31-<<-1.10->><<+3.3+>> <<-Requirement of pressure seal defined->> <<+Pressure seal and signature requirements+>>

(a) At the time of the issuance of the license or as soon thereafter as deemed appropriate, the Board <<-of Examiners of Electrical Contractors->> shall furnish a <<+pressure+>> seal to every <<-State-->>licensed electrical contractor. The cost of the <<+pressure+>> seal shall be paid for by the <<-State-->> licensed electrical contractor to whom it is issued. The <<+pressure+>> seal shall be used exclusively by the <<-State-->> licensed electrical contractor in the conduct of his <<+or her+>> practice. The <<-State-->>licensed electrical contractor <<-is->> <<+shall be+>> required to impress the <<-said->> <<+pressure+>> seal upon all applications for electrical inspection by the appropriate duly licensed State inspection agency <<+and shall sign all applications for electrical permits+>>. <<+The pressure seal shall remain the property of the Board and shall be returned to the Board as provided in (c) below.+>>

(b) No person, other than the electrical contractor to whom the license and business permit shall have been issued by <<-this board->> <<+the Board+>>, shall have the right to use the <<-aforesaid->> <<+ pressure+>> seal. Any violation of this provision shall subject<<-, first,->> the person wrongfully using the <<+pressure+>> seal, and <<- secondly,->> the licensee who willfully or negligently allows such unlicensed and unauthorized person to use said seal to such penalties and sanctions as shall be imposed by the <<-board->> <<+Board+>> pursuant to authority granted by N.J.S.A. 45:5A-1 et seq. and <<-N.J.S.A.->> 45:1-14 et seq.

(c) A licensee whose license is suspended or revoked as a result of either a disciplinary order or a failure to pay licensing fees<<+, or who has registered with the Board as inactive pursuant to N.J.A.C. 13:31-2.4,+>> shall immediately return to the Board the previously issued official pressure seal.

(d) If the person whose license qualified a business entity to engage in electrical contracting is rendered incapable of fulfilling his or her professional duties due to death, illness or other condition, the licensee or such other individual who may lawfully act for the business entity may delay returning the official pressure seal for at least six months provided that:

1. The Board is immediately notified in writing of the name of a new electrical contractor licensed by the Board, or <<-of such other person as theBoard deems acceptable,->> <<+a qualified journeyman electrician registered with the Board, or other person with substantially equivalent experience+>> who shall qualify the business entity during the interim period provided by this subsection; and

2. (No change.)

(e) During this <<-interim->> <<+six month+>> period, the business entity may complete work in progress and may contract for new work provided that all such electrical work is performed or supervised by <<-a licensed electrical contractor->> <<+the person whose name is provided to the Board pursuant to (d)1 above+>>.

(f) (No change.)

(g) By the end of either the initial six-month period or the additional six- month extension period, the pressure seal issued by the Board to the individual licensee<<+, qualified journeyman electrician or other qualified person+>> cited in (d) above shall be returned to the Board consistent with N.J.S.A. 45:5A-14.

<< NJ ADC 13:31-1.13 >>

<< NJ ADC 13:31-3.4 >>

13:31-<<-1.13->><<+3.4+>> (No change in text.)

<< NJ ADC 13:31-1.15 >>

<< NJ ADC 13:31-3.5 >>

13:31-<<-1.15->><<+3.5+>> (No change in text.)

<< NJ ADC 13:31-1.16 >>

<< NJ ADC 13:31-3.6 >>

13:31-<<-1.16->><<+3.6+>> <<-Requirement of identification card defined->> <<+Identification card required+>>

(a) At the time of triennial renewal of the license and<<+/or+>> business permit, the Board <<-of Examiners of Electrical Contractors->> shall furnish a wallet size identification card to every licensee. The card shall be used exclusively by the licensee in the conduct of his <<+or her+>> practice. A licensee who willfully or negligently allows an unlicensed or an unauthorized person to use his <<+or her+>> identification card shall be deemed to have engaged in occupational misconduct and shall be subject to such penalties and sanctions as shall be imposed by the Board pursuant to authority granted by N.J.S.A. 45:5A-1 et seq. and <<-N.J.S.A.->> 45:1-14 et seq. The licensee <<-is->> <<+shall be+>> required to present <<- said->> <<+the+>> identification card upon request to the appropriate duly licensed inspection agency upon all applications for electrical permits.

(b) Use of an identification card by any person other than the licensee to whom it is issued or his duly authorized agent acting on the licensee's behalf shall be deemed to be the use or employment of dishonesty, fraud, deception, misrepresentation or false pretense. Such conduct shall be unlawful and may be grounds for the suspension or revocation of the license of the unauthorized user if he <<+or she+>> is already licensed by the Board. With respect to an unlicensed user, such conduct shall be grounds for the refusal to issue a State license at any point in the future <<+pursuant to the provisions of N.J.S.A. 45:1-14 et seq+>>.

<< NJ ADC 13:31-1.19 >>

<< NJ ADC 13:31-3.7 >>

13:31-<<-1.19->><<+3.7+>> (No change in text.)

<<+SUBCHAPTER 4. LICENSURE EXEMPTIONS+>>

<< NJ ADC 13:31-1.17 >>

<< NJ ADC 13:31-4.1 >>

13:31-<<-1.17->><<+4.1+>> Limited telecommunications wiring exemption

(a)-(b) (No change.)

(c) An applicant for a telecommunications wiring exemption shall provide the following to the Board:

1.-3. (No change.)

4. A certification that the applicant shall not perform the following work unless or until an electrical contractor's business permit is obtained from the Board:

i. Wiring defined by the National Electrical Code as service conductors (the <<-supply conductors that extend from the main or transformers to the service equipment of the premises supplied)->> <<+conductors from the service point to the service disconnecting means)+>>, feeder (all <<- conductors between service equipment or the source of a separately derived system and the final branch-circuit overcurrent device)->> <<+circuit conductors between the service equipment, the source of a separately derived system, or other power supply source and the final branch-circuit overcurrent device)+>>, and branch circuit (the <<-connection between the final overcurrent device protecting the circuit and the outlet/appliance)->> <<+circuit conductors between the final overcurrent device protecting the circuit and the outlets(s))+>>. Wiring between power supplies integral with telecommunication equipment and the telecommunication equipment is not intended to be prohibited.

ii.-iii. (No change.)

5. (No change.)

(d) The application shall be accompanied by a processing fee as set forth in N.J.A.C. 13:31-<<-1.11->><<+1.6+>>.

(e)-(j) (No change.)

<< NJ ADC 13:31-1.18 >>

<< NJ ADC 13:31-4.2 >>

13:31-<<-1.18->><<+4.2+>> (No change in text.)

33 N.J.R. 3404(a)

END OF DOCUMENT


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Posted October 2001