N.J.S.A. 45:5A-55

Regulations relative to licensed electrical contractors.

45:5A-55 Regulations relative to licensed electrical contractors. 4. Only a licensed electrical contractor holding a valid business permit pursuant to section 9 of P.L.1962, c.162 (C.45:5A-9), shall install, service, maintain, or repair branch circuit wiring. No provision of this section shall preclude a burglar alarm, fire alarm, or locksmith licensee from connecting to, or dismantling from, a branch circuit that was previously installed by an electrical contractor licensed by the Board of Examiners of Electrical Contractors pursuant to P.L.1962, c.162 (C.45:5A-1 et seq.). L.2021, c.2, s.4. 45:5AA-1. Short title This act shall be known and may be cited as the "Landscape Irrigation Contractor Certification Act of 1991." L.1991,c.27,s.1. 45:5AA-2 Definitions. 2. As used in this act: "Board" means the Landscape Irrigation Contractors Examining Board established pursuant to section 5 of P.L.1991, c.27 (C.45:5AA-5). "Department" means the Department of Community Affairs. "Landscape irrigation contracting" means the construction, repair, maintenance, improvement, and alteration of any portion of a landscape irrigation system, including required wiring within that system and connection to the required power supply and the installation and connection to a public or private water supply system under the terms and conditions of a contract. "Landscape irrigation contractor" means a natural person who is certified to do landscape irrigation contracting. "Landscape irrigation contractor certificate" or "certificate" means the certificate issued by the board pursuant to the provisions of this act. "Landscape irrigation system" means any assemblage of components, materials, or special equipment which is designed, constructed, and installed for controlled dispersion of water from any safe and suitable source, including properly treated wastewater, for the purpose of irrigating landscape vegetation or the control of dust and erosion on landscaped areas, including integral pumping systems or integral control systems for manual, semi-automatic, or automatic control of the operation of these systems. "Business permit" means the permit issued by the board to a person allowing the person to engage in the business of landscape irrigation contracting, pursuant to the provisions of P.L.1991, c.27 (C.45:5AA-1 et seq.). "Person" means any natural person, corporation, company, partnership, firm, association, and any owner or operator of a permittee. "Permittee" means a person who has secured a business permit to engage in the business of landscape irrigation contracting, pursuant to the provisions of P.L.1991, c.27 (C.45:5AA-1 et seq.). "Local enforcing agency" means the municipal or county construction official and subcode officials provided for in section 8 of P.L.1975, c.217 (C.52:27D-126), or section 1 of P.L.2018, c.157 (C.52:27D-126.8) regarding a pilot county in the "County Code Enforcement Pilot Program," and assistants thereto. L.1991, c.27, s.2; amended 2009, c.229, s.1; 2025, c.262, s.1. 45:5AA-3 Business permit, certification for landscape irrigation contractors. 3. a. No person shall advertise, enter into or engage in the business of landscape irrigation contracting unless the person has first secured a business permit from the board and such person or an officer, partner or employee who is or will be actively engaged in the business for which a business permit is sought has obtained a landscape irrigation contractor certificate from the board in accordance with the provisions of P.L.1991, c.27 (C.45:5AA-1 et seq.), and such certified landscape irrigation contractor shall assume full responsibility for inspection and supervision of all landscape irrigation contracting work to be performed by the permittee. If a permittee or business permit applicant employs more than one certified landscape irrigation contractor, the permittee or business permit applicant shall designate which certified landscape irrigation contractor shall assume full responsibility for inspection and supervision of all landscape irrigation contracting work to be performed by the permittee. Any single act or transaction, including the advertising of available services, shall constitute engaging in the business of landscape irrigation contracting. A certified landscape irrigation contractor shall not be entitled to qualify more than one person for a business permit. b. Officers, employees, and duly authorized representatives of the United States, the State, or any political subdivision thereof performing work on the property of the public entity; vendors of landscape irrigation components, materials, or equipment who perform only such functions as delivery, rendering of advice or assistance in the installation or normal warranty service or exchange of defective or damaged goods; contractors engaged in the design, fabrication, installation or construction of irrigation apparatus, or irrigation equipment of any type which is to be used solely for agricultural purposes in the production of harvestable and saleable vegetative or animal products; plumbing contractors as defined by section 2 of P.L.1968, c.362 (C.45:14C-2); and employees engaged in landscape irrigation contracting for a permittee which has at least one certified landscape irrigation contractor, are exempt from the requirement of a certificate imposed by this act. c. If a landscape irrigation system is connected to a potable water supply, the landscape irrigation contractor's connection is to begin at the downstream side of a properly installed backflow prevention device as required by the Plumbing Subcode of the Uniform Construction Code adopted pursuant to section 5 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-123). d. (1) Landscape contractors are exempt from obtaining a certificate as provided in P.L.1991, c.27 (C.45:5AA-1 et seq.) when replacing sprinkler heads damaged during lawn mowing or grounds maintenance or when making minor incidental repairs to sprinkler piping damaged during landscape construction. (2) The exemption provided in paragraph (1) of this subsection shall not apply to the installation of automatic controllers, electric or hydraulic control valves, drip irrigation systems and micro-irrigation systems, or to the performance of irrigation system service or maintenance. e. Golf course employees performing work on landscape irrigation systems on the golf course where they are currently employed, are exempt from obtaining a certificate as provided in P.L.1991, c.27 (C.45:5AA-1 et seq.). f. A business permit shall not be required in connection with landscape irrigation contracting performed by an employee of a community association for the community association's landscape irrigation system. For purposes of this subsection, "community association" means a condominium, homeowner, fee simple, cooperative or other community association. g. Nothing in this act shall be construed to prevent individuals licensed or certified in this State under any other law from engaging in the profession for which they are licensed or certified. L.1991, c.27, s.3; amended 2009, c.229, s.2. 45:5AA-4 Application for certification as landscape irrigation contractor. 4. A person seeking certification as a landscape irrigation contractor shall apply therefor on forms prescribed and provided by the board, and pay the application fee established by the board. In addition to any other information or documents that may be required by the board, each applicant shall submit satisfactory evidence that the applicant is at least 18 years of age, has no unresolved violations with the board and has a minimum of three years' experience within the last 15 years in the field of landscape irrigation. Field experience acquired after January 1, 1997 must comply with the requirements of P.L.1991, c.27 (C.45:5AA-1 et seq.). L.1991, c.27, s.4; amended 2009, c.229, s.3. 45:5AA-5 Board of Landscape Irrigation Contractors. 5. a. There is established in the Department of Community Affairs the Board of Landscape Irrigation Contractors, which shall consist of seven members, as follows: the Commissioner of Community Affairs, or the commissioner's designated representative, who shall serve ex officio; five public members who shall be landscape irrigation contractors and residents of the State; and one public member who shall be a licensed professional engineer or certified landscape architect. Each of the public members shall be appointed by the Governor with the advice and consent of the Senate, for terms of three years. Each of these members shall hold office for the term of the appointment and until a successor is appointed and qualified. Any vacancy in the membership occurring other than by expiration of a term shall be filled in the same manner as the original appointment, but for the unexpired term only. b. The members of the board shall elect from among their number a chairperson, who shall schedule, convene, and chair board meetings, and a vice-chairperson who shall act as chair in the chairperson's absence. c. The powers of the board are vested in the members thereof in office, and a majority of the total authorized membership of the board is required to exercise its powers at any meeting thereof; provided however, that if a board member has resigned or otherwise vacated his or her membership appointment before the expiration of his or her term, or if a board member does not serve after the expiration of his or her term pending the appointment of a successor, then, until such vacancies are filled, a majority of the currently serving membership of the board is required to exercise its powers at any meeting thereof. d. The members of the board shall serve without compensation, but the board may, within the limits of funds appropriated or otherwise made available to it, reimburse members for actual expenses necessarily incurred in the discharge of their official duties. e. The board shall meet twice annually, and at such other times as may be necessary, at a place provided by the department. L.1991, c.27, s.5; amended 2009, c.229, s.4; 2015, c.169, s.2. 45:5AA-6 Duties, powers of board. 6. The board shall: a. Review the qualifications of an applicant for certification as a landscape irrigation contractor; b. Insure the proper conduct and standards of examinations for the certification of landscape irrigation contractors; c. Issue and renew certificates pursuant to P.L.1991, c.27 (C.45:5AA-1 et seq.) as appropriate; d. Refuse to issue or renew or shall suspend or revoke a certificate issued under P.L.1991, c.27 (C.45:5AA-1 et seq.) pursuant to section 8 of P.L.1991, c.27 (C.45:5AA-8); e. Maintain a registry of landscape irrigation contractor certificates which shall record the name and address of the contractor, the date the certificate was issued, and the number of the certificate; f. Require continuing education for certified landscape irrigation contractors as provided in section 10 of P.L.2009, c.229 (C.45:5AA-7.1); g. Review applications for a business permit; h. Issue a business permit to a person engaged in the business of landscape irrigation contracting and define any restrictions or requirements regarding the use of that permit; i. Allow a person to continue to engage in landscape irrigation contracting for a period of up to 180 calendar days after the death, disability, or cessation of employment of the responsible certificate holder who qualified the person for a business permit when the board is notified within 30 days of such an occurrence; j. Refuse to issue or renew a business permit or suspend or revoke a business permit in accordance with section 8 of P.L.1991, c.27 (C.45:5AA-8); k. Establish procedures for the registry of a business permit for each person engaged in the business of landscape irrigation contracting; l. Maintain a registry of landscape irrigation contracting business permits which shall include the permittee's name, trade name, business permit number, federal and State tax identification numbers, landscape irrigation contractor's certificate name and certification number, street address and mailing address of the permittee, phone number of the permittee, and other information the board deems necessary; m. Adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to carry out the provisions of P.L.1991, c.27 (C.45:5AA-1 et seq.) and P.L.2025, c.262; and n. Adopt, pursuant to the "Administrative Procedure Act," fees for examinations, applications and renewals of certificates or business permits, and administrative costs associated with verifying continuing education requirements. These fees shall be prescribed or changed to the extent necessary to defray the expenses incurred by the board in the performance of its duties, but shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required. L.1991, c.27, s.6; amended 2009, c.229, s.5; 2025, c.262, s.2. 45:5AA-7 Development of qualifying examination; renewal, granting of business permit, certificate. 7. a. The board shall develop an examination to evaluate the knowledge, ability, and fitness of applicants to perform as landscape irrigation contractors and for the certification thereof and shall administer these examinations at least semi-annually at times and places to be determined by the board. The board shall provide adequate written notice of the time and place of the examination. An applicant who fails an examination may not retake the examination sooner than six months after the initial examination. The board shall issue a certificate to an applicant who successfully passes the examination and otherwise meets the standards and qualifications established by the board. b. Each initial certificate issued pursuant to this act shall expire on January 31 of the second calendar year following issuance. All certificates issued thereafter shall remain valid for a period of two years and shall expire on January 31 of the second calendar year. A new certificate issued any time after the regular January 31 date of issuance shall remain valid until the regular January 31 date of expiration. c. A person may seek renewal of a certificate upon submission of a renewal application, proof of having obtained any required continuing education credits and payment of the renewal fee established by the board. d. If a renewal application and fee are not received by the board, the certificate shall expire, except that a person may renew a certificate within two years of its expiration upon payment of an appropriate fee to be set by the board. A new certificate, issued pursuant to the provisions of this act, shall be required of a person who fails to renew a certificate within two years of its expiration. e. Each application for a business permit or its renewal shall be accompanied by proof of liability insurance, and workers' compensation insurance if workers' compensation insurance is required by law, and the appropriate fee. The applicant or permittee shall notify the board of any insurance changes. f. The board may, upon payment of appropriate fees, grant landscape irrigation contractors certificates without examination or upon partial examination to applicants licensed or certified by other states; provided that New Jersey landscape irrigation contractors are granted reciprocity by those states and those states' standards are equal or comparable to those of New Jersey. L.1991, c.27, s.7; amended 2009, c.229, s.6. 45:5AA-7.1 Standards for continuing education. 10. a. The board shall establish standards for continuing education for landscape irrigation contractors as a condition of certification renewal for certificates issued under its jurisdiction. The standards shall concern the subject matter and the number and type of continuing education credits to be required. b. The board shall approve education programs relevant to landscape irrigation and water conservation and designate by regulation the number of credits to be given for continuing education. c. The board shall approve other equivalent educational programs including, but not limited to, programs provided by educational institutions, irrigation associations and other relevant professional and technical associations, as well as relevant trade groups and shall establish procedures for the issuance of credit upon the satisfactory completion of these programs. d. The board shall waive continuing education requirements under this section on an individual basis for reasons of certified illness, undue hardship, disability, retirement, or other good cause. L. 2009, c.229, s.10. 45:5AA-8 Denial, suspension of certificate or business permit. 8. a. The board may refuse to admit a person to an examination or may refuse to issue or renew or may suspend or revoke any certificate or business permit issued by the board pursuant to this act upon proof that the applicant or holder of the certificate or business permit: (1) Has obtained a certificate or business permit or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation; (2) Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; (3) Has engaged in gross negligence or gross incompetence; (4) Has engaged in repeated acts of negligence or incompetence; (5) Has engaged in occupational misconduct as may be determined by the board; (6) Has been convicted of any crime involving moral turpitude or any crime relating adversely to the activity regulated by the board. For the purpose of this paragraph a plea of guilty, non vult, nolo contendere or any other similar disposition of alleged criminal activity shall be deemed a conviction; (7) Has had his authority to engage in the activity regulated by the board revoked or suspended by any other state, agency or authority for reasons consistent with this section; (8) Has violated or failed to comply with the provisions of this act; (9) Is incapable, for medical or any other good cause, of discharging the functions of a certificate holder in a manner consistent with the public's health, safety and welfare; or (10) Has failed to comply with the continuing education requirements as provided in section 10 of P.L.2009, c.229 (C.45:5AA-7.1). b. The board shall afford a landscape irrigation contractor or person holding a business permit an opportunity for hearing before a certificate or business permit is revoked. The board shall afford a landscape irrigation contractor or person holding a business permit an opportunity for hearing after issuing an order to suspend a certificate or business permit, issued pursuant to section 10 of P.L.1991, c.27 (C.45:5AA-10). L.1991, c.27, s.8; amended 2009, c.229, s.7 45:5AA-9 Violations, penalties. 9. a. If any person violates any provisions of P.L.1991, c.27 (C.45:5AA-1 et seq.), or any code, rule, regulation, or order adopted or issued pursuant thereto, the board, or the local enforcing agency, may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent a violation or violations and the court may proceed in the action in a summary manner. b. If any person violates the provisions of P.L.1991, c.27 (C.45:5AA-1 et seq.) or any code, rule, regulation, or order adopted or issued pursuant thereto, the board, or the local enforcing agency, may assess a civil administrative penalty of not more than $5,000 for the first offense, not more than $10,000 for the second offense, and not more than $15,000 for each subsequent offense. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. No civil administrative penalty shall be levied except upon an administrative order issued pursuant to section 10 of P.L.1991, c.27 (C.45:5AA-10). (1) If the board institutes an action pursuant to this subsection, 100 percent of the revenue derived from each civil administrative penalty levied pursuant to this subsection shall be directed and made available to the board. (2) If a local enforcing agency institutes an action pursuant to this subsection, 30 percent of the revenue derived from each civil penalty levied pursuant to this subsection shall be directed and made available to the board and 70 percent of the revenue derived from each civil administrative penalty levied pursuant to this subsection shall be retained by the municipality or pilot county in which the violation occurred. c. The board is authorized and empowered to compromise and settle any claim for a penalty in such amount in the discretion of the board as is appropriate and equitable under all circumstances. d. Any person who violates a provision of P.L.1991, c.27 (C.45:5AA-1 et seq.) or any code, rule, regulation, or order adopted or issued pursuant thereto, or a court order issued pursuant to subsection a. of this section, or who fails to pay a civil administrative penalty in full pursuant to subsection b. of this section, is subject, upon order of the court, to a civil penalty of not more than $5,000 for the first offense, not more than $10,000 for the second offense, and not more than $15,000 for each subsequent offense. (1) If the board institutes an action pursuant to this subsection, 100 percent of the revenue derived from each civil penalty levied pursuant to this subsection shall be directed and made available to the board. (2) If a local enforcing agency institutes an action pursuant to this subsection, 30 percent of the revenue derived from each civil penalty levied pursuant to this subsection shall be directed and made available to the board and 70 percent of the revenue derived from each civil penalty levied pursuant to this subsection shall be retained by the municipality or pilot county in which the violation occurred. e. If the violation is of a continuing nature, each day during which the violation continues, or each day in which the civil administrative penalty is not paid in full, constitutes an additional, separate, and distinct offense. Any penalty imposed under this section may be recovered with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999" in connection with P.L.1991, c.27 (C.45:5AA-1 et seq.). L.1991, c.27, s.9; amended 2009, c.229, s.8; 2025, c.262, s.3. 45:5AA-10 Investigation, authority of board. 10. a. Should the board or the local enforcing agency have cause to believe that any person is in violation of any provision of P.L.1991, c.27 (C.45:5AA-1 et seq.) or rules and regulations promulgated pursuant thereto, the board or the local enforcing agency may initiate an investigation. If upon investigation the board or the local enforcing agency determines that there has been a violation of the provisions of P.L.1991, c.27 (C.45:5AA-1 et seq.) or rules and regulations promulgated pursuant thereto, the board or the local enforcing agency shall be authorized to: (1) issue a letter of warning, reprimand, or censure with regard to any act, conduct, or practice which in the judgment of the board or the local enforcing agency upon consideration of all relevant facts and circumstances does not warrant an initiation of formal action; (2) order any person violating any provision of P.L.1991, c.27 (C.45:5AA-1 et seq.) or rules and regulations promulgated pursuant thereto to cease or desist from future violations or to take such affirmative corrective action as may be necessary with regard to any act or practice found unlawful by the board or the local enforcing agency; (3) order any person found to have violated any provision of P.L.1991, c.27 (C.45:5AA-1 et seq.) or rules and regulations promulgated pursuant thereto to restore any person for whom landscape irrigation contracting work was done to his position prior to performance of the work; (4) assess a civil administrative penalty in accordance with section 9 of P.L.1991, c.27 (C.45:5AA-9); (5) bring a civil action for injunctive or any other appropriate relief to prohibit and prevent such violation or violations in accordance with section 9 of P.L.1991, c.27 (C.45:5AA-9); (6) bring a civil action for a civil penalty in accordance with section 9 of P.L.1991, c.27 (C.45:5AA-9); or (7) revoke or suspend a certificate or business permit pursuant to section 8 of P.L.1991, c.27 (C.45:5AA-8). The use of any of the remedies specified under this section shall not preclude use of any other remedy specified. b. Any person to which an order or assessment of civil administrative penalty or a notice of revocation of a certificate or business permit is issued has 20 days from the receipt of the order to deliver to the board or the local enforcing agency a written request for a hearing. Upon receipt of that request, the board or the local enforcing agency shall determine whether to conduct the hearing itself or refer the matter to the Office of Administrative Law, which shall assign an Administrative Law Judge to conduct a hearing in the form of a contested case pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). If the matter is referred to the Office of Administrative Law, the board or the local enforcing agency shall affirm, reject, or modify the decision within 45 days of receipt of the Administrative Law Judge's initial decision by issuing its own final decision. The board's or the local enforcing agency�s action shall be considered the final agency action for the purposes of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and shall be subject only to judicial review as provided in the Rules of Court. c. If no hearing is requested, an order becomes a final order upon the expiration of the 20-day period. This final order shall be considered the final agency action for the purposes of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and shall be subject only to judicial review as provided in the Rules of Court. Payment of an administrative penalty is due when a final order is issued or when the order becomes a final order. Pending the determination by the board and upon application by a person to whom an order or notice of revocation is issued, the board or the local enforcing agency may stay operation of an order upon such terms and conditions as it deems proper. L.1991, c.27, s.10; amended 2009, c.229, s.9; 2025, c.262, s.4. 45:5AA-11. Other licenses, fees required of certificate holder The issuance of a certificate by the board shall authorize any certificate holder to perform landscape irrigation contracting in any municipality, county or other political subdivision of the State, and no further examination or special license shall be required of the certificate holder, except business licenses, permit fees, and such other standard licenses and fees as may be required of any person doing business within the jurisdiction of the political subdivision. L.1991,c.27,s.11. 45:5AAA-1 Short title. 1. Sections 1 through 24 of P.L.2023, c.237 (C.45:5AAA-1 et al.) shall be known and may be cited as the "Home Improvement and Home Elevation Contractor Licensing Act." L.2023, c.237, s.1. 45:5AAA-2 Definitions. 2. As used in P.L.2023, c.237 (C.45:5AAA-1 et al.): "Board" means the New Jersey State Board of Home Improvement and Home Elevation Contractors. "Contractor" means an individual providing home improvement or home elevation services, or both types of services, for a corporation, partnership, association, sole proprietorship, and any other form of business organization or entity that enters into contracts for home improvement, home elevation, or both types of services with consumers. This shall not include: (1) an individual who owns or manages a home improvement or home elevation business but does not perform home improvement or home elevations services; or (2) employees of or individuals contracted by a sole proprietorship, corporation, partnership, association, or other form of a business entity hired or contracted to sell home improvement or home elevation services, or both types of services. An individual who makes a home improvement or home elevation without compensation shall not be deemed to be a contractor with respect to that service. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety. "Home elevation" means any home improvement that involves raising an entire residential structure to a higher level above the ground. "Home elevation contractor" means a contractor who engages in the practice of home elevation and is authorized to perform home improvement services. "Home improvement" means the remodeling, altering, renovating, repairing, restoring, modernizing, moving, demolishing, installing in, or otherwise improving or modifying of the whole or any part of any residential property. Home improvement shall also include insulation, installation and the conversion of existing commercial structures into residential property. Home improvement shall not include the construction of a new residential property. "Home improvement contractor" means a contractor who engages solely in the practice of home improvement. "Limited specialty services license" means a license issued by the board that authorizes an individual only to perform services in a specialty of home improvement, the scope of which shall be determined by the board. "Limited specialty services licensee" means an individual licensed by the board to provide limited specialty home improvement services. "Principal home improvement contractor" or "principal home elevation contractor" means a licensed home improvement or home elevation contractor who oversees the performance of services for contracts (1) valued at a minimum of $120,000 and (2) that require the submittal of plans with more than one subcode. A principal home improvement or principal home elevation contractor may also provide services as a home improvement contractor or home elevation contractor if a contract is valued at less than $120,000 or does not require submittal of plans with more than one subcode. "Residential property" means any single or multi-unit structure used in whole or in part as a place of residence, and all structures appurtenant thereto, and any portion of the lot or site on which the structure is situated which is devoted to the residential use of the structure. L.2023, c.237, s.2. 45:5AAA-3 "New Jersey State Board of Home Improvement and Home Elevation Contractors" established. 3. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety, the New Jersey State Board of Home Improvement and Home Elevation Contractors. The board shall consist of nine members who shall be residents of the State. Except for the members first appointed: five members shall be licensed home improvement contractors, of whom two shall represent trade associations focused on the home improvement industry, one member shall be a licensed construction code official, two members shall be members of the public, and one member shall be appointed pursuant to subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2). Of the two members of the public, one shall be appointed by the Governor upon recommendation of the Senate President and the other shall be appointed by the Governor upon recommendation of the Assembly Speaker. Of the members first appointed, the five members who are registered home improvement contractors shall have been so registered for at least ten years immediately preceding appointment to the board. The members first appointed shall be appointed no later than the first day of the sixth month following enactment of P.L.2023, c.237 (C.45:5AAA-1 et al.). Each member shall be appointed for a term of five years, except that of the members first appointed, two home improvement contractor members shall serve for a term of three years, two home improvement contractor members shall serve for a term of two years, and one home improvement contractor member shall serve for a term of one year. Each member shall hold office until a successor has been qualified and appointed. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for in the original appointment. No member of the board shall serve more than two successive terms in addition to any unexpired term to which the member has been appointed. L.2023, c.237, s.3. 45:5AAA-4 Funds collected, retained, fees paid, initial licensure, renewal, reactivation, reinstatement. 4. a. The board shall be entitled to retain all funds collected as a result of fees paid for initial licensure and for licensure renewal, reactivation, and reinstatement to administer and enforce the provisions of P.L.2023, c.237 (C.45:5AAA-1 et al.). b. Members of the board may be reimbursed for expenses within the limits of funds appropriated or otherwise made available for this purpose and provided with office and meeting facilities and personnel required for the proper conduct of the business of the board. L.2023, c.237, s.4. 45:5AAA-5 Board organization; meetings. 5. a. The board shall organize within 60 days after the appointment of its members and shall annually elect from its members a chairperson and a vice-chairperson, and may appoint a secretary, who need not be a member of the board. The board shall meet at least once a month and may hold additional meetings as necessary to discharge its duties. A majority of board membership shall constitute a quorum. b. The board shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of P.L.2023, c.237 (C.45:5AAA-1 et al.). The provisions of sections 9 through 13 of P.L.2023, c.237 (C.45:5AAA-9 through 45:5AAA-13) shall remain inoperative until the first day of the sixth month next following the promulgation by the board of the rules and regulations. L.2023, c.237, s.5. 45:5AAA-6 Powers, duties. 6. The board shall have the following powers and duties: a. administer and enforce the provisions of P.L.2023, c.237 (C.45:5AAA-1 et al.); b. develop education requirements and develop or designate an examination or examinations to evaluate the knowledge, ability, and fitness of applicants for licensure to perform as home improvement or home elevation contractors, which shall include examination of State law on home improvement for individuals seeking licensure as home improvement contractors, or on home improvement and home elevation for individuals seeking licensure as home elevation contractors. The requirements shall include: (1) establishing education requirements for home improvement contractors, including principal home improvement contractors, and home elevation contractors, including principal home elevation contractors; and (2) developing the curriculum for or identifying courses in which an applicant may enroll in to prepare for licensing examinations developed or designated pursuant to paragraph (1) of this subsection; c. review the qualifications of applicants for licensure; d. issue and renew, on a biennial basis, licenses for home improvement and home elevation contractors; e. refuse to admit an applicant for an examination or suspend, revoke, or refuse to renew a license pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.) and, in the case of a suspension, revocation, or refusal to renew, notify the contractor business registered pursuant to P.L.2004, c.16 (C.56:8-136 et seq.) that employs the licensed individual of the decision and notify the division that the individual is not authorized to perform home improvements, home elevations, or services pursuant to a limited specialty services license on behalf of the registered contractor business that employs the individual until such time as the license is restored; f. adopt a code of ethics and standards of conduct for licensed home improvement and home elevation contractors; g. establish and change, if necessary, applicable fees, including for initial licensure and licensure renewal, reactivation and reinstatement; h. establish standards for continuing education requirements; i. promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); j. issue, from time to time and as determined by the board, limited specialty services licenses in home improvement contracting specialties, including, but not limited to, drywall installation; painting and plastering; roofing; and carpeting and flooring; (1) The board shall establish requirements for licensure in a limited specialty service, which may include the passage of an examination specific to the specialty. (2) An individual may hold more than one limited specialty services license. (3) An individual who is not licensed as a home improvement or home elevation contractor but has a limited specialty services license issued by the board may provide any services within the scope of practice, to be determined by the board, of the specialty services license; and k. establish standards for: (1) the scope of practice for principal home improvement and principal home elevation contractors; home improvement and home elevation contractors; and limited specialty services licensees; and (2) the supervision of employees of home improvement, home elevation, and specialty service businesses. L.2023, c.237, s.6. 45:5AAA-7 Home improvement, elevation contractor, licensure, requirements. 7. To be eligible for licensure as a home improvement contractor or as a home elevation contractor, an applicant shall fulfill the following requirements: a. be at least 18 years of age; b. demonstrate completion of: (1) through submission of an attestation as prescribed by the board, an apprenticeship program registered with or approved by the United States Department of Labor, or similar program as provided by a trade school or other facility accredited by a regional or national accrediting agency recognized by the United States Department of Education, that allows for the applicant to prepare for a career in home improvement or home elevation services; or (2) at least two years of experience performing home improvement services subject to the direct oversight of a home improvement contractor or a home elevation contractor, or performing home improvement and home elevation services subject to the direct oversight of a home elevation contractor. "Direct oversight" shall not require the supervising individual to remain on-site. An application for licensure shall require the signature of the applicant, the name and address of the home improvement or home elevation business for whom the applicant worked, and an attestation, in a form as determined by the board, that the applicant, when providing contracting services, adhered to industry best practices and followed standard procedures in a safe and healthy manner. The two years of experience required in this section may be obtained by an applicant who can demonstrate to the board, in a manner and form as determined by the board, the performance of services in home improvement or home elevation: (a) under a home improvement or home elevation contractor in another state or jurisdiction of the United States with, as determined by the board, substantially equivalent requirements to the requirements in this State; or (b) through work obtained by the applicant as a home improvement or home elevation contractor in another state or jurisdiction of the United States with, as determined by the board, substantially equivalent requirements to the requirements in this State; c. completion of educational requirements established pursuant to paragraph (1) of subsection b. of section 6 of P.L.2023, c.237 (C.45:5AAA-6) and passage of an examination pursuant to paragraph (2) of subsection b. of section 6 of P.L.2023, c.237 (C.45:5AAA-6); d. submission of a disclosure statement, as prescribed by the board, stating whether the applicant has been convicted of any crime, which for the purposes of P.L.2023, c.237 (C.45:5AAA-1 et al.) shall mean a violation of section 8 of P.L.2023, c.237 (C.45:5AAA-8); and e. payment of all applicable fees. L.2023, c.237, s.7. 45:5AAA-8 Licensure applicant, disclosure statement, crime, conviction. 8. a. In addition to any other procedure, condition or information required by P.L.2023, c.237 (C.45:5AAA-1 et al.), every applicant for licensure shall file a disclosure statement with the board, pursuant to subsection d. of section 7 of P.L.2023, c.237 (C.45:5AAA-7), stating whether the applicant has been convicted of any crime, which for the purposes of P.L.2023, c.237 (C.45:5AAA-1 et al.) shall mean a violation of certain provisions of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, or the equivalent under the laws of any other jurisdiction; provided, however, that an applicant shall not be disqualified from licensure or have a license suspended or revoked on the basis of any conviction disclosed, except as provided in subsection b. of this section or in sections 1 or 2 of P.L.2021, c.81 (C.45:1-21 and 45:1-21.5). b. The board may refuse to issue or may suspend or revoke any license issued thereby or impose any of the additional, alternative remedies set forth in section 9 of P.L.1978, c.73 (C.45:1-22) or section 12 of P.L.1978, c.73 (C.45:1-25) upon proof that an applicant or a licensee: (1) Has obtained a license through fraud, deception or misrepresentation; (2) Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; (3) Has engaged in gross negligence, gross malpractice or gross incompetence; (4) Has engaged in repeated acts of negligence, malpractice or incompetence; (5) Has engaged in professional or occupational misconduct as may be determined by the board; (6) Has been convicted of any crime or offense that has a direct or substantial relationship to the activity regulated by P.L.2023, c.237 (C.45:5AAA-1 et al.) or is of a nature such that licensure would be inconsistent with the public's health, safety, or welfare, provided that the board shall make this determination in a manner consistent with section 2 of P.L.2021, c.81 (C.45:1-21.5). For the purpose of this subsection, a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction; (7) Has had the authority to engage in the activity regulated by the board revoked or suspended by any other state, agency or authority for reasons consistent with this section; (8) Has violated or failed to comply with the provisions of any State act, regulation or order administered or issued by the board or, other than traffic violations, by any other State agency; or (9) Has engaged in any other conduct enumerated in section 8 of P.L.1978, c.73 (C.45:1-21). c. At least 30 calendar days prior to denying an application for licensure or suspending or revoking a license pursuant to this section, the board shall notify the applicant or licensee of its intent to deny the application or suspend or revoke the license and afford the applicant an opportunity for a hearing in a manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). If, however, the board intends to deny the application or suspend or revoke the license under paragraph (6) of subsection b. of this section, the provisions of P.L.2021, c.81 (C.45:1-21.5) shall apply. d. An applicant shall have the continuing duty to provide any assistance or information requested by the board, and to cooperate in any inquiry, investigation, or hearing conducted by the board. e. If any of the information required to be included in the disclosure statement changes, or if additional information should be added after the filing of the statement, the applicant shall provide that information to the board, in writing, within 20 calendar days of the change or addition. L.2023, c.237, s.8. 45:5AAA-9 Home improvement, elevation services, licensed by board, required. 9. Except for individuals exempted pursuant to section 11 of P.L.2023, c.237 (C.45:5AAA-12), no individual shall perform home improvement services or home elevation services unless licensed by the board. L.2023, c.237, s.9. 45:5AAA-10 Advertising, print, electronic media, indication of a contractor in New Jersey, inclusion in classified advertisement, directory, home improvement, elevation. 10. a. Except for individuals exempted pursuant to section 11 of P.L.2023, c.237 (C.45:5AAA-12), any individual who or business that advertises in print or electronic media or who puts out any sign or card or other device which would indicate to the public that the individual is a contractor in New Jersey or who causes the individual's name or business name to be included in a classified advertisement or directory in New Jersey under a classification for home improvement or home elevation, as defined in section 2 of P.L.2023, c.237 (C.45:5AAA-2), is subject to the provisions of P.L.2023, c.237 (C.45:5AAA-1 et al.). This section shall not be construed to apply to simple residential alphabetical listings in standard telephone directories, including directories or similar lists posted online. b. No individual holding a limited specialty services license shall advertise in print or electronic media or put out any sign or card or other device which would indicate to the public that the individual is licensed as a home improvement or home elevation contractor or is authorized to perform services outside of the scope of the limited specialty services license. L.2023, c.237, s.10. 45:5AAA-11 Applicability, home improvement, elevation contractor, residency. 13. The provisions of P.L.2023, c.237 (C.45:5AAA-1 et al.) shall apply to any individual who engages or seeks to engage in any of the activities in this State which are regulated by the board pursuant to P.L.2023, c.237 (C.45:5AAA-1 et al.), including individuals whose residence or principal place of business is located outside of this State. L.2023, c.237, s.13. 45:5AAA-12 Applicability, exceptions, "The New Home Warranty and Builders' Registration Act" registered, professions, certain. 11. The provisions of sections 7, 8, 9, 12, 13, 17, and 20 through 23 of P.L.2023, c.237 (C.45:5AAA-7 et al.) shall not apply to: a. Any individual required to register pursuant to "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467 (C.46:3B-1 et seq.), but only in conjunction with the building of a new home as defined in section 2 of P.L.1977, c.467 (C.46:3B-2); b. Any individual regulated by the State as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, or any other individual in any other related profession requiring registration, certification, or licensure by the State, who is acting within the scope of practice of the individual's profession; c. Any individual who is employed by a common interest community, including, but not limited to, a community association or cooperative corporation, or by the owner or manager of any other residential property, while the individual is acting within the scope of that employment; d. Any public utility as defined under R.S.48:2-13; e. Any individual licensed under the provisions of section 16 of P.L.1960, c.41 (C.17:16C-77) but only in conjunction with selling a home repair contract as defined in section 1 of P.L.1960, c.41 (C.17:16C-62) and as also applicable to P.L.1968, c.224 (C.17:16C-95 et seq.); f. Any home improvement or home elevation retailer with sales of more than $50,000,000, or employee of that retailer while acting on behalf of that retailer; and g. Any individual who is seeking a license in home improvement pursuant to paragraph (2) of subsection b. in section 7 of P.L.2023, c.237 (C.45:5AAA-7). L.2023, c.237, s.11. 45:5AAA-13 Applicability, exceptions, registered home improvement, elevation contractor, at least five years. 12. a. The provisions of subsections a., b., and c. of section 7 of P.L.2023, c.237 (C.45:5AAA-7) shall not apply to an individual who, as of the effective date of P.L.2023, c.237 (C.45:5AAA-1 et al.), has been registered as a home improvement or home elevation contractor in New Jersey for at least five years. The board shall issue a license to an individual who meets the requirements of this subsection which shall take effect at the time of expiration of the contractor registration previously issued upon submission by an individual of an application in such form as may be prescribed by the board and payment of a fee established by the board. b. An individual who qualifies for licensure as a home improvement or home elevation contractor under subsection a. of this section and who can demonstrate experience overseeing the performance of services for contracts (1) valued at a minimum of $120,000 and (2) that require the submittal of plans with more than one subcode shall qualify as a principal home improvement or principal home elevation contractor. c. The provisions of subsections a., b., and c. of section 7 and the provisions of sections 20 through 23 of P.L.2023, c.237 (C.45:5AAA-18 to 45:5AAA-21) shall not apply to an individual who provides services included in the definition of "home improvement" but earns a maximum of $1,500 per contract and $25,000 on an annual basis. d. An individual covered under subsection c. of this section shall continue to be subject to the requirement to maintain annual registration pursuant to P.L.2004, c.16 (C.56:8-136 et seq.). e. An individual registered pursuant to subsection d. of this section shall be liable for penalties pursuant to subsection b. of section 8 of P.L.2023, c.237 (C.45:5AAA-8) for making false statements, including falsification of records demonstrating earnings, in connection with the process to register. f. Upon annual registration renewal, if an individual registered pursuant to subsection d. of this section has earnings that have increased above $1,500 per contract for services provided during the previous calendar year, or has earned more than $25,000 performing home improvements during the previous calendar year, the individual shall apply for a biennial license, the fee and additional requirements of which shall be determined by the board. L.2023, c.237, s.12. 45:5AAA-14 Superseding municipal ordinance, regulation, home improvement, elevation contractors licensing. 14. a. P.L.2023, c.237 (C.45:5AAA-1 et al.) shall supersede any municipal ordinance or regulation that provides for the licensing of home improvement or home elevation contractors or for the protection of homeowners by bonds or warranties required to be provided by contractor registration businesses pursuant to section 7 of P.L.2004, c.16 (C.56:8-142), exclusive of those required by water, sewer, utility, or land use ordinances or regulations. b. A municipality shall not issue a construction permit for any home improvement or home elevation if any part of the home improvement or home elevation is to be performed by any contractor who is neither licensed pursuant to, nor exempt from the requirements of, the provisions of P.L.2023, c.237 (C.45:5AAA-1 et al.). c. A municipality may issue a construction permit for a home improvement or home elevation only to: (1) a contractor who is performing the home improvement or home elevation and who is licensed pursuant to P.L.2023, c.237 (C.45:5AAA-1 et al.) or who will obtain a license upon expiration of a registration pursuant to section 12 of P.L.2023, c.237 (C.45:5AAA-13); (2) an individual who is performing the home improvement or home elevation and is not required to be licensed pursuant to section 11 of P.L.2023, c.237 (C.45:5AAA-12); or (3) a single-family homeowner who performs plumbing, electrical, or heating, ventilation, and air conditioning work in the homeowner's own dwelling. d. A contractor shall be liable for any fines or penalties resulting from a failure to obtain any permit necessary to complete the home improvement. L.2023, c.237, s.14. 45:5AAA-15 Municipality powers, inspection, contractor's work, equipment, regulation of standards, manners in which work is done; violations, recover fines, penalties. 15. a. P.L.2023, c.237 (C.45:5AAA-1 et al.) shall not deny to any municipality the power, pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), to inspect a contractor's work or equipment, the work of a contractor who performs improvements to commercial property, or the power to regulate the standards and manners in which the work of the contractor shall be done. b. A municipality shall have the authority to bring a proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in the municipal court or in Superior Court to recover fines and penalties for violations of P.L.2023, c.237 (C.45:5AAA-1 et al.), committed by a contractor in connection with a home improvement or home elevation located within the municipality. Fines and penalties recovered from a contractor in a proceeding may be retained by the municipality. L.2023, c.237, s.15. 45:5AAA-16 Public information campaign. 16. a. The division shall establish and undertake a public information campaign to educate and inform contractors, applicable businesses, and the consumers of this State of the provisions of P.L.2023, c.237 (C.45:5AAA-1 et al.). b. The board shall provide a toll-free telephone number for consumers making inquiries regarding any individual engaging in or offering to engage in home improvement, home elevation, or limited specialty services or shall promote, as part of the public information campaign, any toll-free telephone number already established for inquiries. L.2023, c.237, s.16. 45:5AAA-17 Convert, home improvement contractor license, home elevation license. 17. a. Any individual seeking to convert a home improvement contractor license into a home elevation license may do so by submitting documentation, as prescribed by the board, demonstrating: (1) at least two years of experience working on home elevations under a home elevation contractor who is licensed pursuant to section 7 of P.L.2023, c.237 (C.45:5AAA-7) or qualifies for licensure pursuant to section 12 of P.L.2023, c.237 (C.45:5AAA-13); (2) that the individual has not had a home improvement contractor license or registration or a home elevation contractor license or registration revoked or suspended; and (3) that the contractor business registered pursuant to P.L.2004, c.16 (C.56:8-136 et seq.) that employs the contractor maintains cargo or other insurance covering home elevation services as required pursuant to section 7 of P.L.2004, c.16 (C.56:8-142). b. The board may charge applicable fees to convert a license from home improvement to home elevation. c. The board shall establish the standards and requirements necessary for a limited specialty services licensee to obtain a home improvement or home elevation license. L.2023, c.237, s.17. 45:5AAA-18 Licensee, six hours, continuing education requirements, licensure renewal. 20. a. Each licensee shall complete not less than six hours of continuing education requirements as a condition of licensure renewal pursuant to P.L.2023, c.237 (C.45:5AAA-1 et al.). b. The board shall: (1) approve continuing education courses, course providers, and instructors. Entities approved by the board as home improvement or home elevation contractor instructors, pursuant to section 20 of P.L.2023, c.237 (C.45:5AAA-18), shall be deemed approved providers of continuing education courses. Building, construction, contracting, and related professional trade associations that qualify under the standards to be established by the board as approved providers may offer approved continuing education courses; (2) confer continuing education credits for courses completed in other states or jurisdictions of the United States on topics approved by the board as appropriate for elective courses, provided that the courses have been approved as continuing education courses by the agency exercising regulatory authority over home improvement or home elevation contractors in the other state or jurisdiction of the United States and that satisfactory evidence of the licensees' attendance at and completion of the courses is provided to the board by the course provider; (3) confer continuing education credits for courses offered in this State on topics deemed of a timely nature but which have not been granted prior approval by the board, provided that the courses are advertised prior to the time of offering as not having been approved, the course provider eventually submits and receives approval of the course offering, and satisfactory evidence of the licensee's attendance at and completion of the course is provided to the board by the course provider; (4) set parameters for the auditing and monitoring of course providers; (5) establish, by regulation, the amount of the application fee payable for continuing education course providers approved by the board and providers seeking approval and individuals seeking approval as instructors of a continuing education course. These fees shall be non-refundable and shall be in amounts which do not exceed the costs incurred by the board to review these applications; (6) waive or grant an extension to comply with continuing education requirements, in whole or in part, on the grounds of illness, emergency, hardship or active duty military service; and (7) confer continuing education credits upon a licensee who is approved by the board as an instructor of an approved continuing education course offered by an approved provider. Licensees approved by the board to instruct an approved continuing education course shall receive twice the credit conferred upon those licensees attending the course. Regardless of the number of times during a biennial licensure term that the same approved course is taught by that licensee, that licensee shall receive double the continuing education credit for that course only once to satisfy part of the continuing education requirement for the renewal of their license. L.2023, c.237, s.20. 45:5AAA-19 Continuing education courses, delivery, classroom setting, Internet, video modalities. 21. a. Continuing education courses may be delivered in a classroom setting or, to the extent practicable, offered via the Internet or video modalities, subject to the approval by the board of the providers and the content of the courses and of the measures utilized to ensure the security and integrity of the course delivery process. The board may approve continuing education courses which include periodic progress assessments and the achievement of a satisfactory level of performance by the licensee on progress assessments as a condition to continuing to a succeeding segment of the course. The board shall not require, as a condition of the receipt of credit for attendance at any continuing education course, that a licensee pass a comprehensive examination testing the licensee's knowledge of the entire course content. b. A licensee may fulfill all continuing education requirements in-person, via the Internet or video modalities, or through a combination of these options. L.2023, c.237, s.21. 45:5AAA-20 Continuing education requirements, completion, on, before biennial license expiration date; failure, reasonable processing fee, limits. 22. Continuing education requirements, as set forth by the board, shall be completed on or before the date the biennial license expires. Any licensee required to complete continuing education requirements who fails to do so prior to the date of expiration of a biennial license term shall be subject to a reasonable processing fee, as determined by the board, of not more than $200, unless a waiver was granted by the board pursuant to paragraph (6) of subsection b. of section 20 of P.L.2023, c.237 (C.45:5AAA-18). L.2023, c.237, s.22. 45:5AAA-21 Continuing education, significant intellectual, practical content, home improvement, home elevation contracting, workforce safety, business practice. 23. a. Not less than 50 percent of the continuing education courses of study that licensees are required to complete as a condition for licensure renewal shall demonstrate significant intellectual or practical content and deal with matters directly related to home improvement or home elevation contracting, workforce safety, or the business of running a company in the home improvement or home elevation industry or trade. In no event shall the board require that courses in these core topics comprise more than 60 percent of the total continuing education hours required for the renewal of any license. b. In the case of continuing education courses and programs, each hour of instruction shall be equivalent to one credit. L.2023, c.237, s.23. 45:5AAA-22 Course providers, records maintenance, successful completion, data transmitting. 24. Course providers shall maintain records of the successful completion of continuing education courses by licensees and shall transmit this data to the board in a manner as directed by the board. L.2023, c.237, s.24.

External source: View on Justia →

This is the verbatim text of N.J.S.A. 45:5A-55, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.

N.J.S.A. 45:5A-55 — Regulations relative to licensed electrical contractors. | Kyzer