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NEW JERSEY REGISTER
VOLUME 37, NUMBER 9
MONDAY, MAY 2, 2005
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS
FIRE ALARM, BURGLAR ALARM AND LOCKSMITH ADVISORY COMMITTEE
LOCKSMITH EMPLOYEES

Proposed Amendment: N.J.A.C. 13:31A-2.7

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

Authority: N.J.S.A. 45:5A-23 et seq., specifically 45:5A-38.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2005-159.

Submit comments by July 1, 2005 to:

Barbara A. Cook, Executive Director

Board of Examiners of Electrical Contractors

124 Halsey Street

PO Box 45006

Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to N.J.S.A. 45:5A-38 of the Electrical Contractors Licensing Act, the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee (the Committee), in consultation with the New Jersey Board of Examiners of Electrical Contractors (the Board), is proposing an amendment to N.J.A.C. 13:31A-2.7, concerning the qualifications of locksmith employees. The Institutional Locksmiths' Association (Association) brought their Certified Institutional Locksmith rating to the attention of the Committee and asked that the Committee consider the Association's rating to satisfy the training component of the rule. Currently, N.J.A.C. 13:31A-2.7(b)2 provides that an employee of a licensed locksmithing business may perform unsupervised locksmithing services if the employee has at least three years of practical hands-on locksmithing experience and meets certain training requirements. Specifically, the employee must have successfully completed four hours of course work training in the Barrier Free, Uniform Construction, and American with Disabilities Act codes, four hours of training in basic electronics and four hours of training in trade related subjects or must have passed a competency examination administered by the Committee, or must have obtained a Certified Registered Locksmith rating issued by the Associated Locksmiths of America (ALOA). The Committee is proposing to amend N.J.A.C. 13:31A-2.7(b)2 in order to provide locksmith employees with a fourth option with which to satisfy the training requirements of the rule. The proposed amendment authorizes locksmith employees to utilize a Certified Institutional Locksmith rating issued by the Institutional Locksmiths' Association to satisfy the training component of the rule. This rating, and compliance with the other requirements set forth in N.J.A.C. 13:31A-2.7, will qualify an employee to perform unsupervised locksmithing work.

The Institutional Locksmiths' Association is a national, not-for-profit association, established in 1983, for locksmiths who are employed by colleges, universities, hospitals, and government facilities. The Association has traditionally provided education and professional development courses for its members, but recently instituted a certification process through which its members may obtain a Certified Institutional Locksmith rating, a Certified Journeyman Institutional Locksmith rating, or a Certified Master Institutional Locksmith rating. The certification process requires passage of a series of examinations that focus on the unique character of institutional locksmithing. The initial level of certification, the Certified Institutional Locksmith designation, measures an applicant's knowledge of general locksmithing. The Committee has reviewed the testing materials associated with this level of certification and has determined that the Certified Institutional Locksmith designation is comparable to the Certified Registered Locksmith rating issued by ALOA and recognized by the Committee in N.J.A.C. 13:31A-2.7(b)2 as an appropriate training method.

The Committee 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 Committee believes that the proposed amendment to N.J.A.C. 13:31A- 2.7(b)2 may have a positive impact upon the locksmith industry by authorizing locksmith employees who have obtained the Certified Institutional Locksmith rating issued by the Institutional Locksmiths' Association, or employees that may obtain this rating in the future, and who satisfy the other requirements of N.J.A.C. 13:31A-2.7, to perform unsupervised locksmithing work. The proposed amendment may also have a positive impact upon consumers to the extent that the acceptance of the Certified Institutional Locksmith rating will expand the pool of appropriately trained employees available to provide unsupervised locksmithing services to the general public.

Economic Impact

The Committee believes that the proposed amendment may have an economic impact upon locksmithing businesses to the extent that employees who qualify to perform unsupervised work by obtaining the Certified Institutional Locksmith rating may be entitled to salary increases as a result of new responsibilities they will be able to undertake and new functions they will be authorized to perform. However, the economic impact of the proposed amendment upon individual employees, if any, will vary depending upon the compensation decisions made by their respective employers.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 45:5A-23 et seq., and is not subject to any Federal standards or requirements.

Jobs Impact

The Committee believes that the proposed amendment may result in the creation of new job opportunities in the locksmithing profession for persons who may now qualify to perform unsupervised locksmithing services as a result of obtaining the Certified Institutional Locksmith rating. The Committee, however, cannot anticipate the number of jobs that may be created as a result of the proposed amendment because it is not known how many locksmith employees will avail themselves of the opportunity to obtain this designation.

Agriculture Industry Impact

The Committee does not anticipate that the proposed amendment will have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Committee to provide a description of the types and an estimate of the number of small businesses to which the proposed amendment will apply. The Committee has not begun licensing alarm and locksmithing business firms to date and, therefore, the number of locksmithing businesses that will be licensed by the Committee is not known at this time. The Committee has received several hundred individual applications for licensure under grandfathering. The Committee is not able to estimate how many individuals will apply for licensure using a Certified Institutional Locksmith rating issued by the Association. If these locksmithing business firms are considered "small businesses" within the meaning of the Act, however, then the following analysis applies.

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

The proposed amendment will not impose any reporting, recordkeeping or compliance requirements upon licensed locksmithing business firms. The proposed amendment authorizes locksmith business firm employees to obtain the training required to perform unsupervised locksmithing work through the Certified Institutional Locksmith designation issued by the Institutional Locksmiths' Association.

No additional professional services will be needed to comply with the proposed amendment. The anticipated economic impact of the proposed amendment, as well as the costs of compliance with the proposed amendment, are discussed in the Economic Impact statement above. The Committee believes that the proposed amendment should be uniformly applied to all locksmith business firms and their employees in order to ensure the health, safety and welfare of the general public in the provision of locksmithing services and, therefore, no differing compliance requirements for any business firm or employee are provided based upon the size of the locksmithing business.

Smart Growth Impact

The Committee does not believe that the proposed amendment 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 13:31A-2.7 >>

13:31A-2.7 Locksmith employees

(a) (No change.)

(b) Any person employed by a licensee to perform unsupervised locksmithing services shall:

1. (No change.)

2. Have successfully completed a total of four hours of training in the Barrier Free Subcode, N.J.A.C. 5:23-7, the New Jersey Uniform Construction Code, N.J.A.C. 5:23, exclusive of the Barrier Free Subcode, and the Americans with Disabilities Act Code, 36 C.F.R. 1191, four hours of training in basic electronics and four hours of training in trade related subjects, or have successfully passed a competency examination administered by the Committee, or have obtained a Certified Registered Locksmith rating by the Associated Locksmiths of America (ALOA)<<+, or have obtained a Certified Institutional Locksmith rating by the Institutional Locksmiths' Association (ILA)+>>.

(c) (No change.)



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