department of law and public safety division of consumer affairs

TABLE OF CONTENTS

UNIFORM ENFORCEMENT ACT ............................................................. 2

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES ........ 19

HOME IMPROVEMENT PRACTICES ...................................................... 41

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS REGULATIONS .. 47

UNIFORM REGULATIONS ................................................................... 62

DEPARTMENT OF LAW AND PUBLIC SAFETY

DIVISION OF CONSUMER AFFAIRS

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS

STATUTES AND REGULATIONS

AS OF AUGUST 2003

INTERNET - 8/13/03

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

Board of Electrical Contractors

45:1-1. Persons entitled to practice, etc. under former laws unaffected

Any person now entitled to practice any profession or to engage in any occupation, governed or regulated by

the provisions of this title by virtue of any prior law, shall continue to be entitled to practice or engage in the same,

notwithstanding the enactment of this title, and the validity of any license or other authorization to practice any

such profession or to engage in any such occupation, heretofore issued to any person under any prior law, or of any

proceeding pending to obtain such a license or authorization shall not be affected by the enactment of this title but

all such persons shall in all other respects be subject to the provisions of this title.

45:1-2. Repealed by L.1971, c. 60, ß 5, eff. March 25, 1971

45:1-2.1. Professional boards and commissions; application of act

The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board

of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and

Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State

Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the

State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey

Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic

Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the

State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real

Estate Commission, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners,

the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiroprac-

tic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of

Social Work Examiners, and the State Board of Public Movers and Warehousemen.

Abolition of State Board of Public Movers and Warehousemen and transfer of functions, powers and duties to the Division of

consumer Affairs. See Reorganization Plan No. 008-1998, set out under ß 45:14D-4.

45:1-2.2. Appointment of members by governor; public members; member from department in executive

branch; quorum; vote necessary for action

a. All members of the several professional boards and commissions shall be appointed by the Governor in the

manner prescribed by law; except in appointing members other than those appointed pursuant to subsec-

tion b. or subsection c., the Governor shall give due consideration to, but shall not be bound by,

recommendations submitted by the appropriate professional organizations of this State.

b. In addition to the membership otherwise prescribed by law, the Governor shall appoint in the same manner

as presently prescribed by law for the appointment of members, two additional members to represent the

interests of the public, to be known as public members, to each of the following boards and commissions:

The New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey

State Board of Cosmetology and Hairstyling, the New Jersey State Board of Dentistry, the State Board of

Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optom-

etrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of

Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the New

Jersey Real Estate Commission, the State Board of Shorthand Reporting, the State Board of Social Work

Examiners, and the State Board of Veterinary Medical Examiners, and one additional public member to

each of the following boards: the Board of Examiners of Electrical Contractors, the State Board of Mar-

riage and Family Therapy Examiners, the State Board of Examiners of Master Plumbers, and the State

Real Estate Appraiser Board. Each public member shall be appointed for the term prescribed for the other

members of the board or commission and until the appointment of his successor. Vacancies shall be filled

for the unexpired term only. The Governor may remove any such public member after hearing, for miscon-

duct, incompetency, neglect of duty or for any other sufficient cause.

No public member appointed pursuant to this section shall have any association or relationship with the

profession or a member thereof regulated by the board of which he is a member, where such association or rela-

tionship would prevent such public member from representing the interest of the public. Such a relationship in-

cludes a relationship with members of one’s immediate family; and such association includes membership in the

profession regulated by the board. To receive services rendered in a customary client relationship will not preclude

a prospective public member from appointment. This paragraph shall not apply to individuals who are public

members of boards on the effective date of this act.

It shall be the responsibility of the Attorney General to insure that no person with the aforementioned associa-

tion or relationship or any other questionable or potential conflict of interest shall be appointed to serve as a public

member of any board regulated by this section.

Where a board is required to examine the academic and professional credentials of an applicant for licensure

or to test such applicant orally, no public member appointed pursuant to this section shall participate in such

examination process; provided, however, that public members shall be given notice of and may be present at all

such examination processes and deliberations concerning the results thereof, and, provided further, that public

members may participate in the development and establishment of the procedures and criteria for such examina-

tion processes.

c. The Governor shall designate a department in the Executive Branch of the State Government which is

closely related to the profession or occupation regulated by each of the boards or commissions designated

in section 1 of P.L.1971, c. 60 (C. 45:1-2.1) and shall appoint the head of such department, or the holder of

a designated office or position in such department, to serve without compensation at the pleasure of the

Governor as a member of such board or commission.

d. A majority of the voting members of such boards or commissions shall constitute a quorum thereof and no

action of any such board or commission shall be taken except upon the affirmative vote of a majority of the

members of the entire board or commission.

45:1-2.3. Qualifications; rights and duties

Such additional members:

a. Need not meet the educational and professional requirements for membership on such boards or commis-

sions as provided in the several statutes establishing such boards and commissions; and

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

b. Shall be voting members subject to the same rights, obligations and duties as other members of their

respective boards or commissions.

45:1-2.4. Effect of act on term of member in office

Nothing in this act shall affect the right of a board or commission member in office on the effective date of

this act to continue to serve for the term for which he was appointed.

45:1-2.5.Compensation and reimbursement of expenses of members; executive secretaries; compensation and

terms of employment; offices and meeting places

With respect to the boards or commissions designated in section 1 of P.L.1971, c. 60 (C.45:1-2.1), except as

otherwise provided in subsection d. of this section, and notwithstanding the provisions of any other law:

a. The officers and members shall be compensated on a per diem basis in the amount of $25.00 or an amount

to be determined by the Attorney General, with the approval of the State Treasurer, but not to exceed

$100.00 per diem or $2,500.00 annually, and shall be reimbursed for actual expenses reasonably incurred

in the performance of their official duties. Such moneys shall be paid according to rules and regulations

promulgated by the Attorney General.

b. The executive secretary shall receive such salary as shall be determined by the appointing authority within

the limits of available appropriations and shall serve at its pleasure. Any such executive secretary who

holds a certificate, license or registration issued by the board or commission by which he is employed shall

not during such employment be permitted to engage in any profession or occupation regulated by the board

or commission.

c. The head of the department to which such board or commission is assigned shall maintain within any

public building, whether owned or leased by the State, suitable quarters for the board’s or commission’s

office and meeting place, provided that no such office or meeting place shall be within premises owned or

occupied by an officer or member of such board or commission.

d. The compensation schedule for members of boards and commissions provided in subsection a. of this

section shall not apply to the members of the New Jersey Real Estate Commission, who shall be compen-

sated pursuant to R.S.45:15-6 or to members of the State Board of Medical Examiners who shall receive

compensation of $150 per diem.

45:1-2.6. Inapplicability of act to rights under civil service or any pension law or retirement system

Nothing in this act shall deprive any person of any tenure rights or of any right or protection provided him by

Title 11 of the Revised Statutes, Civil Service,

or any pension law or retirement system.

Now title 11A.

45:1-3. Expenses of boards paid from income; surplus paid to state treasurer; accounts

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

Each member of the boards mentioned in section 45:1-2

of this title shall be entitled to his actual traveling

and other expenses incurred in the performance of his duties, which sum shall be paid from the license fees and

other sources of income of such boards. Such boards shall also be entitled to expend from their income such sums

as shall be necessary to defray all proper expenses incurred by them in the performance of their duties, including

the compensation of any of their officers or agents whom they are authorized to compensate. Such boards, if

authorized to collect an annual registration or license fee from persons licensed by them, may retain in their

treasuries the fees so collected and use the same for the purpose of defraying the expenses of securing evidence

against and prosecuting persons violating the provisions of the laws with the enforcement of which they are

charged, or, in case the revenue of the boards from other sources shall be insufficient to pay the salary of their

secretaries and their other expenses, such fees may be expended for such purposes. Such boards shall be entitled to

retain, in addition to the above, at least one hundred dollars in their treasuries for the purpose of preparing and

holding their examinations. On or before October thirty-first in each year such boards shall pay to the state trea-

surer all moneys remaining in their treasuries, except as above stated, which sum, when so paid, shall form a part

of the state fund. Such boards shall keep accurate accounts of their receipts and expenditures, which accounts shall

be subject to audit by the state comptroller.

Repealed; see, now, ßß 45:1-2.1, 45:1-2.2.

45:1-3.1. Application of act

The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board

of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and

Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State

Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the

State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey

Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic

Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the

State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of

Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of

Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of

Respiratory Care, the State Real Estate Appraiser Board, and the State Board of Social Work Examiners.

45:1-3.2. Charges for examinations, licensures and other services; establishment or change by rule; standards

Notwithstanding the provisions of Title 45 of the Revised Statutes or any other law to the contrary, any board or

commission named in section 1 of this supplementary act

may by rule establish, prescribe or change the charges

for examinations, licensures and other services it performs, which rule shall first be approved by the head of the

department to which such board or commission is assigned and shall be adopted in accordance with the provi-

sions of the “Administrative Procedure Act,’’ P.L.1968, c. 410 (C. 52:14B-1).

Any board’s or commission’s charges established, prescribed or changed pursuant to this section shall be

established, prescribed or changed to such extent as shall be necessary to defray all proper expenses incurred by

the board or commission in the performance of its duties but such charges shall not be fixed at a level that will raise

amounts in excess of the amount estimated to be so required.

N.J.S.A. ß 45:1-3.1.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

45:1-3.3. Administrative fees charged by boards; modification

The Director of the Division of Consumer Affairs may by rule establish, prescribe, or modify administrative

fees charged by boards in accordance with the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et

seq.). For purposes of this section, “administrative fees” are charges assessed to licensees, registrants or holders of

certificates, as the case may be, for board functions that are not unique to a particular board but are uniform

throughout all boards. Administrative fees include, but are not limited to, fees for a duplicate or replacement

license, certification or registration, late renewal fee, license reinstatement fee, and the fee for processing change

of address.

45:1-4. Salary of secretary

The secretary of each of the boards mentioned in section 45:1-2

of this title, whether or not a member

thereof, shall be entitled to receive such reasonable salary or compensation for his services as secretary as shall be

fixed by such boards, which shall be paid by the boards from their receipts, unless an appropriation is made for the

expenses of such boards, in which case the same shall be paid from such appropriation.

Repealed. See, now, ßß 45:1-2.1, 45:1-2.2.

45:1-5, 45:1-6. Repealed by L.1979, c. 432, ß 4, eff. Feb. 14, 1980

45:1-7. Professional or occupational licenses or certificates of registration; duration; expiration; exceptions; fees

Notwithstanding any of the provisions of Title 45 of the Revised Statutes or of any other law to the contrary,

all professional or occupational licenses or certificates of registration, except such licenses or certificates issued to

real estate brokers or salesmen pursuant to chapter 15 of Title 45, which prior to the effective date of this act were

issued for periods not exceeding one year and were annually renewable, shall, on and after the effective date of this

act, be issued for periods of two years and be biennially renewable, except that licenses and business permits

issued to electrical contractors and certificates of registration issued to qualified journeymen electricians pursuant

to chapter 5A of Title 45 shall be issued for periods of three years and be triennially renewable; provided, however,

the boards or commissions in charge of the issuance or renewal of such licenses or certificates may, in order to

stagger the expiration dates thereof, provide that those first issued or renewed after the effective date of this act,

shall expire and become void on a date fixed by the respective boards or commissions, not sooner than six months

nor later than 29 months, after the date of issue.

The fees for the respective licenses and certificates of registration issued pursuant to this act for periods of

less or greater than one year shall be in amounts proportionately less or greater than the fees established by law.

45:1-7.1. Application to holders of professional or occupational licenses

a. Notwithstanding any other act or regulation to the contrary, the provisions of this section and sections 6

and 7 of P.L.1999, c. 403 (C.45:1-7.2 et al.) shall apply to every holder of a professional or occupational

license or certificate of registration or certification issued or renewed by a board specified in section 2 of

P.L. 1978, c. 73 (C.45:1-15), who seeks renewal of that license or certificate.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

b. Every holder of a professional or occupational license or certificate of registration or certification, issued

or renewed by a board specified in section 2 of P.L.1978, c. 73 (C.45:1-15), who seeks renewal shall submit

a renewal application and pay a renewal fee prior to the date of expiration of the license or certificate of

registration or certification. If the holder does not renew the license or certificate prior to its expiration

date, the holder may renew it within 30 days of its expiration date by submitting a renewal application and

paying a renewal fee and a late fee. Any professional or occupational license or certificate of registration or

certification not renewed within 30 days of its expiration date shall be suspended without a hearing.

c. Any individual who continues to practice with an expired license or certificate of registration or certifica-

tion after 30 days following its expiration date shall be deemed to be engaged in unlicensed practice of the

regulated profession or occupation, even if no notice of suspension has been provided to the individual.

d. A professional or occupational license or certificate of registration or certification suspended pursuant to

this section may be reinstated within five years following its date of expiration upon submission of a

renewal application and payment of an additional reinstatement fee. An applicant seeking reinstatement of

a license or certificate suspended pursuant to this section more than five years past its expiration date shall

successfully complete the examination required for initial licensure, registration or certification and sub-

mit a renewal application and payment of an additional reinstatement fee.

e. A board specified in section 2 of P.L. 1978, c. 73 (C. 45:1-15) shall send a notice of renewal to each of its

holders of a professional or occupational license or certificate of registration or certification, as applicable,

at least 60 days prior to the expiration of the license or certificate. If the notice to renew is not sent at least

60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to

renew.

45:1-7.2. Reinstatement

A board may reinstate the professional or occupational license or certificate of registration or certification of

an applicant whose license or certificate has been suspended pursuant to section 5 of P.L.1999, c. 403 (C.45:1-7.1),

provided that the applicant otherwise qualifies for licensure, registration or certification and submits the following

upon application for reinstatement:

a. Payment of all past delinquent renewal fees;

b. Payment of a reinstatement fee;

c. An affidavit of employment listing each job held during the period of suspended license, registration or

certification which includes the names, addresses, and telephone numbers of each employer; and

d. If applicable, satisfactory proof that the applicant has maintained proficiency by completing the continuing

education hours or credits required for the renewal of an active license or certificate of registration or

certification.

45:1-7.3. Renewal applications

a. Renewal applications for all professional or occupational licenses or certificates of registration or certifica-

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

tion shall provide the applicant with the option of either active or inactive renewal. A renewal applicant

electing to renew as inactive shall not engage in professional or occupational practice within the State.

b. An applicant who selects the inactive renewal option shall remain on inactive status for the entire renewal

period unless, upon application to the board, the board permits the inactive applicant to return to active

status provided such applicant presents satisfactory proof that he has maintained proficiency by complet-

ing the continuing education hours or credits required for the renewal of an active license, registration or

certification, if applicable.

45:1-8. Contractors; application of ß 45:1-9

The provisions of this act apply to the following classes of contractors:

a. Tree experts, certified pursuant to P.L.1940, c. 100 (C. 13:1-28 et seq.

);

b. Home repair contractors, licensed pursuant to P.L.1960, c. 41 (C. 17:16C-62 et seq.);

c. Electrical contractors, licensed pursuant to P.L.1962, c. 162 (C. 45:5A-1 et seq.);

d. Master plumbers, licensed pursuant to P.L.1968, c. 362 (C. 45:14C-1 et seq.);

e. Well drillers, licensed pursuant to P.L.1947, c. 377 (C. 58:4A-5 et seq.); and

f. Any class of contractors who hereafter are licensed by the State.

Renumbered C. 45:15C-1 to 45:15C-10.

45:1-9. Indication of license or certificate number on contracts, bids and advertisements

Any contractor licensed by the State shall indicate his license or certificate number on all contracts,

subcontracts, bids and all forms of advertising as a contractor.

45:1-10. Disclosure of laboratory payments on bills to patients and third party payors

It shall be unlawful for any person licensed in the State of New Jersey to practice medicine or surgery,

dentistry, osteopathy, podiatry or chiropractic to agree with any clinical, bio-analytical or hospital laboratory,

wheresoever located, to make payments to such laboratory for individual tests, combination of tests, or test series

for patients unless such person discloses on the bills to patients and third party payors the name and address of

such laboratory and the net amount or amounts paid or to be paid to such laboratory for individual tests, combina-

tion of tests or test series.

L.1973, c. 322, ß 1, eff. Dec. 18, 1973. Amended by L.1977, c. 323, ß 1, eff. Jan. 10, 1978.

45:1-10.1. Claims for third party payment; licensed health care professional; responsibility for filing

Effective 12 months after the adoption of regulations establishing standard health care enrollment and claim

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

forms by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c. 154 (C.17B:30-23), a

health care professional licensed pursuant to Title 45 of the Revised Statutes is responsible for filing all claims for

third party payment, including claims filed on behalf of the licensed professional’s patient for any health care

service provided by the licensed professional that is eligible for third party payment, except that at the patient’s

option, the patient may file the claim for third party payment.

a. In the case of a claim filed on behalf of the professional’s patient, the professional shall file the claim

within 60 days of the last date of service for a course of treatment, on the standard claim form adopted by

the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c. 154 (C.17B:30-23).

b. In the case of a claim in which the patient has assigned his benefits to the professional, the professional

shall file the claim within 180 days of the last date of service for a course of treatment, on the standard

claim form adopted by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.

154 (C.17B:30-23). If the professional does not file the claim within 180 days of the last date of service for

a course of treatment, the third party payer shall reserve the right to deny payment of the claim, in accor-

dance with regulations established by the Commissioner of Banking and Insurance, and the professional

shall be prohibited from seeking any payment directly from the patient.

(1) In establishing the standards for denial of payment, the Commissioner of Banking and Insurance shall consider

the good faith use of information provided by the patient to the professional with respect to the identity of the

patient’s third party payer, delays in filing a claim related to coordination of benefits between third party

payers and any other factors the commissioner deems appropriate, and, accordingly, shall define specific in-

stances where the sanctions permitted pursuant to this subsection shall not apply.

(2) A professional who fails to file a claim within 180 days and whose claim for payment has been denied by the

third party payer in accordance with this subsection may, in the discretion of a judge of the Superior Court, be

permitted to refile the claim if the third party payer has not been substantially prejudiced thereby. Application

to the court for permission to refile a claim shall be made within 14 days of notification of denial of payment

and shall be made upon motion based upon affidavits showing sufficient reasons for the failure to file the claim

with the third party payer within 180 days.

c. The provisions of this section shall not apply to any claims filed pursuant to P.L.1972, c. 70 (C.39:6A-1 et

seq.).

d. A health care professional who violates the provisions of subsection a. of this section may be subject to a

civil penalty of $250 for each violation plus $50 for each day after the 60th day that the provider fails to

submit a claim. The penalty shall be sued for and collected by the Division of Consumer Affairs in the

Department of Law and Public Safety pursuant to “the penalty enforcement law,” N.J.S.2A:58-1 et seq.

45:1-11. Violations; penalty

Any person violating this act shall be guilty of a misdemeanor.

45:1-12. Podiatrist, optometrist or psychologist or professional service corporation; charge for completion of

claim form for health insurance; fine; collection and enforcement

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

No podiatrist, optometrist or psychologist and no professional service corporation engaging in the practice of

podiatry, optometry or psychology in this State shall charge a patient an extra fee for services rendered in complet-

ing a medical claim form in connection with a health insurance policy. Any person violating this act shall be

subject to a fine of $100.00 for each offense.

Such penalty shall be collected and enforced by summary proceedings pursuant to the Penalty Enforcement

Law (N.J.S. 2A:58-1 et seq.). The Superior Court and municipal court shall have jurisdiction within its territory of

such proceedings. Process shall be either in the nature of a summons or warrant and shall issue in the name of the

State, upon the complaint of the State Board of Medical Examiners with respect to podiatrists, the New Jersey

State Board of Optometry for optometrists or the State Board of Psychological Examiners for psychologists.

45:1-13. Repealed by L.1999, c. 403, ß 12, eff. Jan. 18, 2000

45:1-14. Legislative findings and declarations; liberal construction of act

The Legislature finds and declares that effective implementation of consumer protection laws and the admin-

istration of laws pertaining to the professional and occupational boards located within the Division of Consumer

Affairs require uniform investigative and enforcement powers and procedures and uniform standards for license

revocation, suspension and other disciplinary proceedings by such boards. This act is deemed remedial, and the

provisions hereof should be afforded a liberal construction.

45:1-15. Boards and professions or occupations regulated by or through such boards; application of act

The provisions of this act shall apply to the following boards and all professions or occupations regulated by,

through, or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State

Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of

Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New

Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family

Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey

State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Techni-

cians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examin-

ers, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of

Veterinary Medical Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners,

the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work

Examiners, the State Board of Physical Therapy, the Professional Counselor Examiners Committee, the New

Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory

Council, the Electrologists Advisory Committee, the Alcohol and Drug Counselor Committee, the Fire Alarm,

Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Massage,

Bodywork and Somatic Therapy Examining Committee, and the Audiology and Speech-Language Pathology

Advisory Committee.

45:1-15.1. Rules and regulations

Consistent with their enabling acts, P.L.1978, c. 73 (C.45:1-14 et seq.) and the “Administrative Procedure

Act,” P.L.1968, c . 410 (C.52:14B-1 et seq.), the boards and others set forth in section 2 of P .L.1978, c. 73 (C.45:1-

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

15) are authorized to adopt rules and regulations to serve the public health, safety and welfare.

45:1-16. Definitions

As used within this act the following words or terms shall have the indicated definition unless the context

clearly indicates otherwise.

“Board” means any professional or occupational licensing board designated in section 2 of this act.

“Director” means the Director of the Division of Consumer Affairs in the Department of Law and Public

Safety.

“Person” means any natural person or his legal representative, partnership, corporation, company, trust, busi-

ness entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder,

associate, trustee or cestuis que trust thereof.

N.J.S.A. ß 45:1-15.

45:1-17. Powers of Attorney General to implement act and administer law enforcement activities of boards

In implementing the provisions of this act and administering the law enforcement activities of those profes-

sional and occupational boards located within the Division of Consumer Affairs, the Attorney General may:

a. After advice to the board or boards in question of his intent to proceed under this section, and the specific

action he intends to take, and the failure of such board or boards to take steps in accordance with the advice

of the Attorney General within 30 days of receipt of such advice, promulgate rules and regulations consis-

tent with the provisions of this act and the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et

seq.) governing the procedure for administrative hearings before all boards within the Division of Con-

sumer Affairs. Such rules and regulations shall govern administrative complaints, answers thereto, issu-

ance of subpenas, appointment of hearing examiners, adjournments, submission of proposed findings of

fact and conclusions of law, the filing of briefs, and such other procedural aspects of administrative hear-

ings before the boards as the Attorney General may deem necessary; provided, however, nothing herein

authorized shall be construed to require the Attorney General to promulgate rules regarding prehearing

investigative procedures.

b. After advice to the board or boards in question of his intent to proceed under this section, and the specific

action he intends to take, and the failure of such board or boards to take steps in accordance with the advice

of the Attorney General within 30 days of receipt of such advice, promulgate substantive rules and regula-

tions consistent with the provisions of any statute governing the activities of any licensing agency, board or

committee located within the Division of Consumer Affairs, which shall be limited to disciplinary matters

and arbitrary restrictions on initial licensure. In addition to promulgating such rules and regulations, the

Attorney General may direct that any proposed or existing regulation be amended, abandoned or repealed.

Prior to the final adoption of any regulation affecting the activities of any professional or occupational

licensing agency, board or committee located within the division and prior to the issuance of any directive

to amend, abandon or repeal any regulation, the Attorney General or his designee shall first consult with

the agency, board or committee whose activities are affected regarding the proposed action.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

c. After a full consideration of all relevant facts and the applicable law, may direct the initiation of any

appropriate enforcement action by a professional or occupational licensing board or set aside, modify or

amend, as may be necessary, any action or decision of a licensing agency, board or committee located

within the Division of Consumer Affairs; provided, however, no such action shall be directed by the Attor-

ney General in reviewing the action or decision of an agency, board or committee unless such action or

decision is contrary to applicable law.

45:1-18. Investigative powers of boards, director or attorney general

Whenever it shall appear to any board, the director or the Attorney General that a person has engaged in, or is

engaging in any act or practice declared unlawful by a statute or regulation administered by such board, or when

the board, the director or the Attorney General shall deem it to be in the public interest to inquire whether any such

violation may exist, the board or the director through the Attorney General, or the Attorney General acting inde-

pendently, may exercise any of the following investigative powers:

a. Require any person to file on such form as may be prescribed, a statement or report in writing under oath,

or otherwise, as to the facts and circumstances concerning the rendition of any service or conduct of any

sale incidental to the discharge of any act or practice subject to an act or regulation administered by the

board;

b. Examine under oath any person in connection with any act or practice subject to an act or regulation

administered by the board;

c. Inspect any premises from which a practice or activity subject to an act or regulation administered by the

board is conducted;

d. Examine any goods, ware or item used in the rendition of a practice or activity subject to an act or regula-

tion administered by the board;

e. Examine any record, book, document, account or paper prepared or maintained by or for any professional

or occupational licensee in the regular course of practicing such profession or engaging in such occupation

or any individual engaging in practices subject to an act or regulation administered by the board. Nothing

in this subsection shall require the notification or consent of the person to whom the record, book, account

or paper pertains, unless otherwise required by law;

f. For the purpose of preserving evidence of an unlawful act or practice, pursuant to an order of the Superior

Court, impound any record, book, document, account, paper, goods, ware, or item used, prepared or main-

tained by or for any board licensee in the regular course of practicing such profession or engaging in such

occupation or any individual engaging in a practice or activity subject to an act or regulation administered

by the board. In such cases as may be necessary, the Superior Court may, on application of the Attorney

General, issue an order sealing items or material subject to this subsection; and

g. Require any board licensee, permit holder or registered or certified person to submit to an assessment of

skills to determine whether the board licensee, permit holder or registered or certified person can continue

to practice with reasonable skill and safety.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

In order to accomplish the objectives of this act or any act or regulation administered by a board, the Attorney

General may hold such investigative hearings as may be necessary and the board, director or Attorney General

may issue subpoenas to compel the attendance of any person or the production of books, records or papers at any

suc h hearing or inquiry.

45:1-19. Failure or refusal to file statement or report, refusal of access to premises or failure to obey subpena;

penalty

If any person shall fail or refuse to file any statement or report or refuse access to premises from which a

licensed profession or occupation is conducted in any lawfully conducted investigative matter or fail to obey a

subpena issued pursuant to this act, the Attorney General may apply to the Superior Court and obtain an order:

a. Adjudging such person in contempt of court; or

b. Granting such other relief as may be required; or

c. Suspending the license of any such person unless and until compliance with the subpena or investigative

demand is effected.

45:1-20. Compelling testimony or production of book, paper or document; immunity from prosecution

If any person shall refuse to testify or produce any book, paper, or other document in any proceeding under

this act for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to

incriminate him, convict him of a crime, or subject him to a penalty or forfeiture, and shall, notwithstanding, be

directed to testify or to produce such book, paper, or document by the Attorney General, he shall comply with such

direction.

A person who is entitled by law to, and does assert such privilege, and who complies with such direction of

the Attorney General shall not thereafter be prosecuted or subjected to any penalty or forfeiture in any criminal

proceeding which arises out of and relates to the subject matter of the proceeding. No person so testifying shall be

exempt from prosecution or punishment for perjury or false swearing committed by him in giving such testimony

or from any civil or administrative action arising from such testimony.

45:1-21. Grounds for refusal to admit to examination or denial, suspension or revocation of any certificate,

registration or license; definitions

A board may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any

certificate, registration or license issued by the board upon proof that the applicant or holder of such certificate,

registration or license:

a. Has obtained a certificate, registration, license or authorization to sit for an examination, as the case may

be, through fraud, deception, or misrepresentation;

b. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or

false pretense;

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

c. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered

the life, health, welfare, safety or property of any person;

d. Has engaged in repeated acts of negligence, malpractice or incompetence;

e. Has engaged in professional or occupational misconduct as may be determined by the board;

f. Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or

relating adversely to the activity regulated by the board. For the purpose of this subsection a judgment of

conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal

activity shall be deemed a conviction;

g. 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;

h. Has violated or failed to comply with the provisions of any act or regulation administered by the board;

i. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner

consistent with the public’s health, safety and welfare;

j. Has repeatedly failed to submit completed applications, or parts of, or documentation submitted in con-

junction with, such applications, required to be filed with the Department of Environmental Protection;

k. Has violated any provision of P.L.1983, c. 320 (C.17:33A-1 et seq.) or any insurance fraud prevention law

or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation

of P.L.1983, c. 320 (C.17:33A-1 et seq.) or has been subject to a final order, entered in civil or administra-

tive proceedings, that imposed civil penalties under that act against the applicant or holder;

l. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or

occupation with reasonable skill and safety. For purposes of this subsection, the term “presently” means at

this time or any time within the previous 365 days;

m. Has prescribed or dispensed controlled dangerous substances indiscriminately or without good cause, or

where the applicant or holder knew or should have known that the substances were to be used for unautho-

rized consumption or distribution;

n. Has permitted an unlicensed person or entity to perform an act for which a license or certificate of registra-

tion or certification is required by the board, or aided and abetted an unlicensed person or entity in perform-

ing such an act;

o. Advertised fraudulently in any manner.

For purposes of this act:

“Completed application” means the submission of all of the information designated on the checklist, adopted

pursuant to section 1 of P.L.1991, c. 421 (C.13:1D-101), for the class or category of permit for which application

is made.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

“Permit” has the same meaning as defined in section 1 of P.L.1991, c. 421 (C.13:1D-101).

45:1-21.1. Annual summary of compliance information and attendance at continuing education seminars; costs;

information deemed public records

a. A board obtaining information from the Department of Environmental Protection pursuant to section 1 of

P.L.1991, c. 418 (C. 13:1D-110) on the compliance of a member of a regulated profession with the require-

ments for completed applications of the department, shall annually develop a detailed written summary of

the information gathered by the department pursuant to P.L.1991, c. 418 (C. 13:1D-110) regarding compli-

ance with the department’s requirements for completed applications and attendance records for continuing

education seminars required to be filed with the department pursuant to section 2 of P.L.1991, c. 419 (C.

13:1D-117).

b. Any reasonable costs incurred in preparation of the report required pursuant to this section may be in-

cluded in the charges authorized pursuant to P.L.1974, c. 46 (C. 45:1-3.2).

c. Information required to be compiled by a board pursuant to this section, shall be deemed to be public

records subject to the requirements of P.L.1963, c. 73 (C. 47:1A-1 et seq.).

45:1-21.2. Suspension of certain licenses; hearing

The director or a board shall suspend, as appropriate, after a hearing, the license, registration or certification

of any person who has been certified by a lender or guarantor and reported to the director or the board, as the case

may be, for nonpayment or default of a State or federal direct or guaranteed educational loan. The license, registra-

tion or certification shall not be reissued until the person provides the director or board with a written release

issued by the lender or guarantor stating that the person has cured the default or is making payments on the loan in

accordance with a repayment agreement approved by the lender or guarantor. If the person has continued to meet

all other requirements for licensure, registration or certification during the suspension, reinstatement shall be

automatic upon receipt of the notice and payment of any reinstatement fee the director or the board may impose.

45:1-22. Additional or alternative penalties to revocation, suspension or refusal to renew; temporary order

suspending or limiting license; subpena

In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license,

registration or certificate issued by it, a board may, after affording an opportunity to be heard:

a. Issue a letter of warning, reprimand, or censure with regard to any act, conduct or practice which in the

judgment of the board upon consideration of all relevant facts and circumstances does not warrant the

initiation of formal action;

b. Assess civil penalties in accordance with this act;

c. Order that any person violating any provision of an act or regulation administered by such board to cease

and desist from future violations thereof or to take such affirmative corrective action as may be necessary

with regard to any act or practice found unlawful by the board;

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

d. Order any person found to have violated any provision of an act or regulation administered by such board

to restore to any person aggrieved by an unlawful act or practice, any moneys or property, real or personal,

acquired by means of such act or practice; provided, however, no board shall order restoration in a dollar

amount greater than those moneys received by a licensee or his agent or any other person violating the act

or regulation administered by the board;

e. Order any person, as a condition for continued, reinstated or renewed licensure, to secure medical or such

other professional treatment as may be necessary to properly discharge licensee functions;

f. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to any medical or

diagnostic testing and monitoring or psychological evaluation which may be required to evaluate whether

continued practice may jeopardize the safety and welfare of the public;

g. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment

of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to

take and successfully complete educational training determined by the board to be necessary;

h. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment

of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to

submit to any supervision, monitoring or limitation on practice determined by the board to be necessary.

A board may, upon a duly verified application of the Attorney General that either provides proof of a convic-

tion of a court of competent jurisdiction for a crime or offense involving moral turpitude or relating adversely to

the regulated profession or occupation, or alleges an act or practice violating any provision of an act or regulation

administered by such board, enter a temporary order suspending or limiting any license issued by the board pend-

ing plenary hearing on an administrative complaint; provided, however, no such temporary order shall be entered

unless the application made to the board palpably demonstrates a clear and imminent danger to the public health,

safety and welfare and notice of such application is given to the licensee affected by such order. If, upon review of

the Attorney General’s application, the board determines that, although no palpable demonstration of a clear and

imminent danger has been made, the licensee’s continued unrestricted practice pending plenary hearing may pose

a risk to the public health, safety and welfare, the board may order the licensee to submit to medical or diagnostic

testing and monitoring, or psychological evaluation, or an assessment of skills to determine whether the licensee

can continue to practice with reasonable skill and safety.

In any administrative proceeding commenced on a complaint alleging a violation of an act or regulation

administered by a board, such board may issue subpoenas to compel the attendance of witnesses or the production

of books, records, or documents at the hearing on the complaint.

45:1-23. Summary proceeding in Superior Court; injunction; orders necessary to prevent unlawful practice or

remedy past unlawful activity

Whenever it shall appear to a board, the director or the Attorney General that a violation of any act, including

the unlicensed practice of the regulated profession or occupation, or regulation administered by such board has

occurred, is occurring, or will occur, the Attorney General, in addition to any other proceeding authorized by law,

may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting such act or practice.

In any such proceeding the court may assess a civil penalty in accordance with the provisions of this act, order

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

restoration to any person in interest of any moneys or property, real or personal, acquired by means of an unlawful

act or practice and may enter such orders as may be necessary to prevent the performance of an unlawful practice

in the future and to fully remedy any past unlawful activity. In any action brought pursuant to this section, the court

shall not suspend or revoke any license issued by a board.

45:1-24. Failure to comply with order of board directing payment of penalties or restoration of moneys or

property; enforcement

Upon the failure of any person to comply within 10 days after service of any order of a board directing

payment of penalties or restoration of moneys or property, the Attorney General or the secretary of such board may

issue a certificate to the Clerk of the Superior Court that such person is indebted to the State for the payment of

such penalty and the moneys or property ordered restored. A copy of such certificate shall be served upon the

person against whom the order was entered. Thereupon the clerk shall immediately enter upon his record of

docketed judgments the name of the person so indebted and of the State, a designation of the statute under which

the penalty is imposed, the amount of the penalty imposed, and amount of moneys ordered restored, a listing of

property ordered restored, and the date of the certification. Such entry shall have the same force and effect as the

entry of a docketed judgment in the Superior Court, and the Attorney General shall have all rights and remedies of

a judgment creditor in addition to exercising any other available remedies. Such entry, however, shall be without

prejudice to the right of appeal to the Appellate Division of the Superior Court from the board’s order.

An action to enforce the provisions of any order entered by a board or to collect any penalty levied thereby

may be brought in any municipal court or the Superior Court in summary manner pursuant to the Penalty Enforce-

ment Act, (N.J.S. 2A:58-1 et seq.) and the rules of court governing the collection of civil penalties. Process in such

action shall be by summons or warrant, and in the event that the defendant fails to answer such action, the court

shall issue a warrant for the defendant’s arrest for the purpose of bringing such person before the court to satisfy

any order entered.

45:1-25. Violations; civil penalty; action to collect or enforce

a. Any person who engages in any conduct in violation of any provision of an act or regulation administered

by a board shall, in addition to any other sanctions provided herein, be liable to a civil penalty of not more

than $10,000 for the first violation and not more than $20,000 for the second and each subsequent viola-

tion. For the purpose of construing this section, each act in violation of any provision of an act or regulation

administered by a board shall constitute a separate violation and shall be deemed a second or subsequent

violation under the following circumstances:

(1) an administrative or court order has been entered in a prior, separate and independent proceeding;

(2) the person is found within a single proceeding to have committed more than one violation of any provision of

an act or regulation administered by a board; or

(3) the person is found within a single proceeding to have committed separate violations of any provision of more

than one act or regulation administered by a board.

b. In lieu of an administrative proceeding or an action in the Superior Court, the Attorney General may bring

an action in the name of any board for the collection or enforcement of civil penalties for the violation of

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

any provision of an act or regulation administered by such board. Such action may be brought in summary

manner pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 (C.2A:58-10 et seq.) and the

rules of court governing actions for the collection of civil penalties in the municipal court where the of-

fense occurred. Process in such action may be by summons or warrant and in the event that the defendant

in such action fails to answer such action, the court shall, upon finding an unlawful act or practice to have

been committed by the defendant, issue a warrant for the defendant’s arrest in order to bring such person

before the court to satisfy the civil penalties imposed. In any action commenced pursuant to this section,

the court may order restored to any person in interest any moneys or property acquired by means of an

unlawful act or practice.

c. Any action alleging the unlicensed practice of a profession or occupation shall be brought pursuant to this

section or, where injunctive relief is sought, by an action commenced in the Superior Court.

d. In any action brought pursuant to this act, a board or the court may order the payment of costs for the use

of the State, including, but not limited to, costs of investigation, expert witness fees and costs, attorney fees

and costs, and transcript costs.

45:1-26. Repeal of inconsistent acts and parts of acts

All acts and parts of acts inconsistent with this act are hereby superseded and repealed.

45:1-27. Severability

If any provision of this law or the application thereof to any person or circumstance is held invalid, the

invalidity shall not affect other provisions or applications of the law which can be given effect without the invalid

provision or application, and to this end the provisions of this law are severable.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

CHAPTER 5A

CONTRACTORS

45:5A-1. Short title

This act may be cited as “The Electrical Contractors Licensing Act of 1962.”

45:5A-2. Definition

For the purpose of this act, unless otherwise indicated by the context:

(a) “Act” means this act, P.L.1962, c. 162 (C.45:5A-1 et seq.) and the rules and regulations adopted under it;

(b) “Board” means the Board of Examiners of Electrical Contractors created by section 3 of this act;

(d) “Electrical contractor” means a person who engages in the business of contracting to install, erect, repair or

alter electrical equipment for the generation, transmission or utilization of electrical energy;

(e) “Person” means a person, firm, corporation or other legal entity;

(f) “Alarm business” means the installation, servicing or maintenance of burglar alarm, fire alarm or electronic

security systems, or the monitoring or responding to alarm signals when provided in conjunction therewith.

“Installation,” as used in this definition, includes the survey of a premises, the design and preparation of the

specifications for the equipment or system to be installed pursuant to a survey, the installation of the equipment or

system, or the demonstration of the equipment or system after the installation is completed, but does not include

any survey, design or preparation of specifications for equipment or for a system that is prepared by an engineer

licensed pursuant to the provisions of P.L.1938, c. 342 (C.45:8-27 et seq.), or an architect licensed pursuant to the

provisions of chapter 3 of Title 45 of the Revised Statutes, if the survey, design, or preparation of specifications is

part of a design for construction of a new building or premises or a renovation of an existing building or premises,

which renovation includes components other than the installation of a burglar alarm, fire alarm or electronic

security system, and further does not include the design or preparation of specifications for the equipment or

system to be installed that are within the practice of professional engineering as defined in subsection (b) of

section 2 of P.L.1938, c. 342 (C.45:8-28);

(g) “Burglar alarm” means a security system comprised of an interconnected series of alarm devices or compo-

nents, including systems interconnected with radio frequency signals, which emits an audible, visual or elec-

tronic signal indicating an alarm condition and providing a warning of intrusion, which is designed to discour-

age crime;

(h) “Business firm” means a partnership, corporation or other business entity engaged in the alarm business or

locksmithing services;

(i) “Committee” means the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee created by section 3

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

of P.L.1997, c. 305 (C. 45:5A-23);

(j) “Electronic security system” means a security system comprised of an interconnected series of devices or

components, including systems with audio and video signals or other electronic systems, which emits or trans-

mits an audible, visual or electronic signal warning of intrusion and provides notification of authorized entry

or exit, which is designed to discourage crime;

(k) “Fire alarm” means a security system comprised of an interconnected series of alarm devices or components,

including systems interconnected with radio frequency signals, which emits an audible, visual or electronic

signal indicating an alarm condition and which provides a warning of the presence of smoke or fire. “Fire

alarm” does not mean a system whose primary purpose is telecommunications with energy control, the moni-

toring of the interior environment being an incidental feature thereto;

(l) “Licensed locksmith” means a person who is licensed pursuant to the provisions of section 7 of P.L.1997, c.

305 (C.45:5A-27);

(m) “Licensee” means a person licensed to engage in the alarm business or provide locksmithing services pursuant

to the provisions of section 7 of P.L.1997, c. 305 (C.45:5A-27);

(n) “Locksmithing services” means the modification, recombination, repair or installation of mechanical locking

devices and electronic security systems for any type of compensation and includes the following: repairing,

rebuilding, recoding, servicing, adjusting, installing, manipulating or bypassing of a mechanical or electronic

locking device, for controlled access or egress to premises, vehicles, safes, vaults, safe doors, lock boxes,

automatic teller machines or other devices for safeguarding areas where access is meant to be limited; operat-

ing a mechanical or electronic locking device, safe or vault by means other than those intended by the manu-

facturer of such locking devices, safes or vaults; or consulting and providing technical advice regarding selec-

tion of hardware and locking systems of mechanical or electronic locking devices and electronic security

systems; except that “locksmithing services” shall not include the installation of a prefabricated lock set and

door knob into a door of a residence;

(o) “Qualified journeyman electrician” means a person registered pursuant to P.L.1962, c. 162 (C.45:5A-1 et seq.)

or P.L.2001, c. 21 (C.45:1-7 et al.), as a qualified journeyman electrician by the board.

N.J.S.A. ß 45:5A-3.

45:5A-3. Board of examiners; creation; membership; qualifications; terms; vacancies

There is created a Board of Examiners of Electrical Contractors in the Department of Law and Public Safety

consisting of 7 members, hereinafter referred to as the “board.” The members of such board shall be citizens of the

State appointed by the Governor, with the advice and consent of the Senate. They shall be appointed initially for

the following terms: Three members for terms of 1 year from July 1, 1962, 2 members for terms of 2 years from

July 1, 1962, and 2 members for terms of 3 years from July 1, 1962. Thereafter members shall be appointed for

terms of 3 years and until the appointment and qualification of their successors. The Governor shall fill any

vacancy in said board for the unexpired portion of the term. No more than 4 members of the board shall be

members of the same political party. Three members of the board shall be qualified electrical contractors with

experience of not less than 10 years as an electrical contractor, one shall be a qualified electrical inspector, with

experience of not less than 5 years as an electrical inspector, one shall be a qualified journeyman employed in the

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

electrical construction industry for not less than 5 years. One shall be a public member not associated with the

electrical industry, and one shall be a licensed professional engineer with experience of not less than 5 years in the

electrical industry.

45:5A-4. Compensation; traveling expenses

Each member of the board shall receive $25.00 for each day of actual service in attending meetings of the

board at which business is transacted and in addition shall be entitled to be reimbursed for his necessary traveling

expenses; provided, such compensation in 1 fiscal year shall not exceed $1,000.00 per member.

45:5A-5. Organization of board; appointment of assistants; incurring of expenses

At the meeting for organization after the first appointment of said board the members thereof shall choose

from among their number a chairman, who shall preside at all meetings of the board, and a secretary who need not

be a member of the board. The chairman and secretary so chosen shall be subject to the approval of the Attorney

General. The chairman and secretary shall hold office for 1 year and until their successors are chosen. Vacancies in

the office of chairman or secretary between regular appointments shall be filled by the board, with the approval of

the Attorney General. The board is authorized to appoint, with the approval of the Attorney General such clerical

assistants as may be required. The board, with the approval of the Attorney General, shall fix the compensation of

the secretary and the clerical assistants, within the limits of available appropriations and subject to applicable civil

service provisions. The board shall be authorized to incur such other expenses, within available appropriations

therefor, as may be required to carry out its purpose and function. All moneys received by said board shall be

remitted to the State Treasury.

45:5A-6. Rules and regulations

The board may adopt and amend all rules and regulations not inconsistent with the Constitution and laws of

this State which may be reasonably necessary for the proper performance of its duties and the purposes of this act

and for the conduct of the proceedings before it.

45:5A-7. Repealed by L.1979, c. 432, ß 1, eff. Feb. 14, 1980

45:5A-8. Record of proceedings; register of license applications; contents

The Board of Examiners of Electrical Contractors shall keep a record of its proceedings and a register of all

applications for licenses and business permits, which register shall show: (a) the name, age and residence of each

applicant, (b) the date of the application, (c) the place of business of such applicant, (d) the qualifications of the

applicant, (e) whether or not an examination was required, (f) whether the applicant was rejected, (g) whether a

license or business permit was granted, (h) the date of the action of the board and (i) such other information as may

be deemed necessary by the board.

45:5A-9. Necessity of business permit and license; qualifications; examinations; fees

(a) On or after July 1, 1963, no person shall advertise, enter into, engage in or work in business as an electrical

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

contractor, unless such person has secured a business permit 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 license

from the board in accordance with the provisions of this act, and such licensee shall assume full responsibility

for inspection and supervision of all electrical work to be performed by the permittee in compliance with

recognized safety standards. A licensee shall not be entitled to qualify more than one person for a business

permit.

Any single act or transaction shall constitute engaging in the business of electrical contracting within the

meaning of this chapter.

(b) Except as otherwise provided in section 10,

no person shall be granted an electrical contractor’s license unless

he shall first establish his qualifications therefor and shall take and pass the examination for electrical contrac-

tors. An applicant for such examination shall have been employed or engaged in the business of electrical

construction and installation or have equivalent practical experience for a period of not less than five years

preceding the time of such application, or shall otherwise establish to the satisfaction of the board that the

applicant has the necessary educational background and experience to qualify to take the examination for a

license.

The examination shall be so designed as to establish the competence and qualification of the applicant to

perform and supervise the various phases of electrical contracting work. Any applicant who shall fail to pass such

examination shall not be eligible to retake an examination until six months from the date of such failure.

upon forms provided by the board and shall provide the board with such information as shall be necessary to

establish his qualifications to take the examination. The applicant for an initial examination shall pay a fee to

the board of $25.00. An applicant for re-examination shall pay a fee to the board of $15.00. Such fees shall not

be refundable.

N.J.S.A. ß 45:5A-10.

45:5A-9.1. Required filings with board; security for potential liability; taxpayer identification number

Every person who holds a business permit for electrical work pursuant to P.L.1962, c. 162 (C. 45:5A-1 et

seq.) shall:

a. Secure, maintain and file with the board proof of a bank letter of credit covering the electrical work done

pursuant to that business permit or a certificate of general liability insurance from an insurance company

authorized and licensed to do business in this State covering the electrical work done pursuant to that

business permit. The minimum amount of the bank letter of credit shall be $300,000 for property damage

and bodily injury to or death of one or more persons and the minimum amount of general liability insur-

ance shall be $300,000 for the combined property damage and bodily injury to or death of one or more

persons in any one accident or occurrence; and

b. File with the board its Federal Tax Identification number.

Every proof of a bank letter of credit or certificate of insurance required to be filed with the board pursuant to

this section shall provide that cancellation of the bank letter of credit or insurance shall not be effective unless and

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

until at least 10 days’ notice of intention to cancel has been received in writing by the board.

45:5A-10. Repealed by L.1979, c. 432, ß 5, eff. Feb. 14, 1980

45:5A-11. Issuance of licenses and business permits by board

The board shall receive all applications for licenses or business permits filed by persons seeking to enter upon

or continue in the electrical contracting business as herein defined within this State and upon proper qualification

of such applicant shall issue the license or permit applied for.

L.1962, c. 162, ß 11, eff. Aug. 30, 1962. Amended by L.1962, c. 185, ß 9, eff. Dec. 7, 1962.

45:5A-11.1. Qualified journeyman electrician; registration

The board shall register as a qualified journeyman electrician an applicant who:

a. Holds a current valid license to practice electrical contracting by the board; or

b. Has acquired sufficient practical experience working with tools in the installation, alteration or repair of

wiring for electric light, heat or power, gas determined by the board, and has successfully completed an

appropriate number of classroom hours of related instruction, as determined by the board, which require-

ment of practical experience shall not include time spent in supervising, engineering, estimating and other

managerial tasks; or

c. Has demonstrated to the satisfaction of the board that he has met the requirements of subsection b. of this

section through alternative means.

45:5A-11.2. Fees

a. On and after the effective date of P.L.2001, c. 21 (C.45:1-7 et al.), any person desiring to register as a

qualified journeyman electrician shall make application to the board to be so registered and shall pay all

the fees required in connection therewith, which fees shall be established, prescribed or changed by the

board to the extent necessary to defray all proper expenses incurred by the board to administer the provi-

sions of this act. Fees shall not be fixed at a level, however, that will raise amounts in excess of the amount

estimated to be so required.

45:5A-11.3. Register; record keeping

The board shall keep a register of all applications by individuals registering as qualified journeymen electri-

cians, which register shall include the following information: name, address, telephone number, the age of the

applicant; the date of the application; the place of business of the applicant; whether the applicant was accepted or

rejected, and in the case of a rejection, the reasons for that action; the registration number, if issued; the date of

action of the board; and any other information the board deems necessary.

45:5A-11.4. License renewal; requirements

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

a. The board shall require each qualified journeyman electrician, other than a qualified journeyman electri-

cian licensed to practice electrical contracting issued by the board, as a condition for triennial license

renewal pursuant to section 1 of P.L.1972, c. 108 (C.45:1-7) , to complete a 10-hour course of study

relating to the most recent edition of the National Electrical Code.

b. The board shall approve all programs of education for the 10-hour course of study established pursuant to

subsection a. of this section and the instructors for those courses.

45:5A-11.5. Continuing education requirements; waiver

The board may, in its discretion, waive requirements for continuing education under this act on an individual

basis for reasons of hardship such as illness or disability, retirement of the certificate of registration or other good

cause.

45:5A-11.6. Renewal cycle for registration

Notwithstanding any other law, rule or regulation to the contrary, the renewal cycle for registration as a

qualified journeyman electrician shall be the same as that for licensed electrical contractors.

45:5A-12. Examinations; notice

The board shall prescribe the conditions of examination of, and subject to the provisions of this act, shall give

examinations to all persons who are, under the provisions of this act, required to take such examinations. The

scope of such examination shall cover such matters as the provisions of nationally recognized electrical installa-

tion safety standards and the theoretical and practical application of the same encountered in electrical work. It

shall hold a minimum of 4 examinations each year at such time and

or place within the State as the board shall

designate. Public notice shall be given of the time and place of all examinations. In the conduct of the examination

the board shall prescribe a standard form of examination which may be revised from time to time as circumstances

require. Said examinations shall give ample opportunity for all applicants to be thoroughly and carefully exam-

ined, may be written or practical, or both, and shall be supervised by 3 or more of the examiners, but no license

shall be granted except by the board.

So in enrolled bill.

45:5A-13. Initial license or business permit; renewals; fees; applications; duration of license or permit; re-

examination

Before a license or business permit shall issue fees shall be paid for same in the following amounts: (a) for

initial license-$75.00, (b) for renewal-$25.00, (c) for initial business permit or renewal thereof-$12.50.

A person seeking issuance or renewal of any business permit shall file with the board an application in writing

upon forms prescribed by the board. The application shall designate the person who possesses a license issued

pursuant to the provisions of this act and shall contain such other information as the board may prescribe. The

application shall be accompanied by the proper fee.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

If the applicant is a natural person, the application shall be signed and sworn to by the applicant. If the

applicant is a partnership or other business association, the application shall be signed and sworn to by all natural

persons composing such partnership or business association. If the applicant is a corporation, the application shall

be signed and sworn to by the president and secretary thereof.

A person seeking issuance or renewal of any license shall file with the board an application in writing upon

forms prescribed by the board, containing such information as the board shall require to maintain the register

provided for in section 8 of this act

and to establish the qualifications of the applicant. The application shall be

signed and sworn to by the applicant and shall be accompanied by the proper fee.

The license and business permit periods shall be from July 1 to June 30 of the following year and licenses and

business permits shall be renewed on or before July 1 of each year. Renewal shall be governed by the standards

applicable to initial issuance. The board may require a re-examination upon failure to apply for a renewal within

30 days of the date of the expiration of any license. Any license expiring while the holder thereof is outside the

continental limits of the United States in connection with any project undertaken by the Government of the United

States, or while in the service of the Armed Forces of the United States shall be renewed without further examina-

tions upon payment of the prescribed fee at any time within 4 months after such person’s return to the United

States or discharge from the armed forces.

N.J.S.A. ß 45:5A-8.

45:5A-13.1. Continuing education requirements

The Board of Examiners of Electrical Contractors shall require each electrical contractor, as a condition for

triennial license renewal pursuant to section 1 of P.L.1972, c. 108 (C.45:1-7), to complete 34 credits of continuing

education requirements imposed by the board pursuant to sections 2 and 3 of this act.

45:5A-13.2. Standards; programs

a. The board shall:

(1) Establish standards for continuing electrical contracting education regarding the subject matter and content of

continuing education courses;

(2) Approve educational programs offering credit towards the continuing electrical contracting education require-

ments; and

(3) Approve other equivalent educational programs including, but not limited to, programs provided by electrical

contracting associations and other relevant professional and technical associations, and shall establish proce-

dures for the issuance of credit upon satisfactory proof of the completion of these programs.

b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit.

45:5A-13.3. Required course of study

The educational course of study required of licensed electrical contractors for each triennial registration

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

period shall include 34 hours of continuing education as follows:

a. A 10-hour course of study relating to the most recent edition of the National Electrical Code, nine hours of

which shall pertain to the code and one hour of which shall pertain to applicable State statutes and regula-

tions; and

b. Twenty-four hours of instruction approved by the board covering one or more of the following subjects:

(1) Installation, erection, repair or alteration of electrical equipment for the generation, transmission or utilization

of electrical energy;

(2) Transmission or utilization of electrical energy;

(3) Job estimating, management and business practices;

(4) Supervisory responsibilities required of licensees pursuant to the laws of this State; and

(5) Any other subject relevant to electrical contracting and construction as determined by the board.

45:5A-13.4. Hardship

The board may, in its discretion, waive requirements for continuing education under this act on an individual

basis for reasons of hardship such as illness or disability, retirement of the license or other good cause.

45:5A-13.5. Completion requirements

The board shall not require completion of continuing education credits for initial registrations. The board

shall not require completion of continuing education credits for any registration periods commencing within 12

months of the effective date of this act. The board shall require completion of continuing education credits on a pro

rata basis for any registration periods commencing more than 12 but less than 36 months following the effective

date of this act.

45:5A-13.6. Carry-over of credits

In the event an electrical contractor completes a number of continuing education credit hours in excess of the

number required by the board pursuant to section 1 of this act, the board shall allow a maximum of eight credit

hours to be carried over to satisfy the electrical contractor’s continuing education requirement for the next triennial

licensure period, but these credit hours shall not be applicable thereafter.

45:5A-13.7. Registration fees

The board shall permit any electrical contracting association or other professional or technical association

offering a continuing electrical contracting education program approved by the board pursuant to section 2 of this

act to impose a reasonable differential in registration fees for courses upon licensed electrical contractors who are

not members of that association.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

45:5A-14. Death or disability of qualifying representative; continuance of business

No person shall be denied the privilege of continuing business as an electrical contractor in the event of death,

illness, or other physical disability of the representative thereof who qualified the person for a business permit for

at least 6 months following the date of such death, illness or other physical disability; provided that said business

is conducted under such qualified supervision as the board deems adequate.

45:5A-15. Transferability of license or business permit

No license or business permit issued under this act shall be assigned or transferable.

45:5A-16. Repealed by L.1979, c. 432, ß 1, eff. Feb. 14, 1980

45:5A-17. Powers of municipalities; violations of municipal ordinances

(a) This act shall not deny to any municipality the power to inspect electrical work or equipment or the power to

regulate the standards and manner in which electrical work shall be done but no municipality shall require any

business permit holder or electrical contractor licensed under this act to obtain a municipal license or business

permit to engage in the business of electrical contracting in such municipality.

(b) Any licensee or business permit holder who willfully fails to comply with any municipal ordinance concerning

the inspection of electrical work shall be guilty of a violation of this act.

45:5A-18. Exempt work or construction

Text of section effective until June 30, 2003.

Electrical work or construction which is performed on the following facilities or which is by or for the

following agencies shall not be included within the business of electrical contracting so as to require the securing

of a business permit under this act:

(a) Minor repair work such as the replacement of lamps and fuses.

(b) The connection of portable electrical appliances to suitable permanently installed receptacles.

(d) Electrical work in mines, on ships, railway cars, elevators, escalators or automotive equipment.

(e) Municipal plants or any public utility as defined in R.S.48:2-13, organized for the purpose of constructing,

maintaining and operating works for the generation, supplying, transmission and distribution of electricity for

electric light, heat, or power.

(f) A public utility subject to regulation, supervision or control by a federal regulatory body, or a public utility

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

operating under the authority granted by the State of New Jersey, and engaged in the furnishing of communi-

cation or signal service, or both, to a public utility, or to the public, as an integral part of a communication or

signal system, and any agency associated or affiliated with any public utility and engaged in research and

development in the communications field.

(g) A railway utility in the exercise of its functions as a utility and located in or on buildings or premises used

exclusively by such an agency.

(h) Commercial radio and television transmission equipment.

(i) Construction by any branch of the federal government.

(j) Any work with a potential of less than 10 volts.

(k) Repair, manufacturing and maintenance work on premises occupied by a firm or corporation, and installation

work on premises occupied by a firm or corporation and performed by a regular employee who is a qualified

journeyman electrician.

(l) Installation, repair or maintenance performed by regular employees of the State or of a municipality, county, or

school district on the premises or property owned or occupied by the State, a municipality, county, or school

district.

(m)The maintaining, installing or connecting of automatic oil, gas or coal burning equipment, gasoline or diesel

oil dispensing equipment and the lighting in connection therewith to a supply of adequate size at the load side

of the distribution board.

(n) Work performed by a person on a dwelling that is occupied solely as a residence for himself or for a member

or members of his immediate family.

(o) (Deleted by amendment, P.L.1997, c. 305).

(p) Any work performed by a landscape irrigation contractor which has the potential of not more than 30 volts

involving the installation, servicing, or maintenance of a landscape irrigation system as this term is defined by

section 2 of this amendatory and supplementary act. Nothing in this act shall be deemed to exempt work

covered by this subsection from inspection required by the “State Uniform Construction Code Act”, P.L.1975,

c. 217 (C.52:27D-119 et seq.) or regulations adopted pursuant thereto.

The board may also exempt from the business permit provisions of this act such other electrical activities of

like character which in the board’s opinion warrant exclusion from the provisions of this act.

For text of section effective June 30, 2003, see ß 45:5A-18, post.

45:5A-18. Exempt work or construction

Text of section effective June 30, 2003.

Electrical work or construction which is performed on the following facilities or which is by or for the

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

following agencies shall not be included within the business of electrical contracting so as to require the securing

of a business permit under this act:

(a) Minor repair work such as the replacement of lamps and fuses.

(b) The connection of portable electrical appliances to suitable permanently installed receptacles.

(d) Electrical work in mines, on ships, railway cars, elevators, escalators or automotive equipment.

(e) Municipal plants or any public utility as defined in R.S.48:2-13, organized for the purpose of constructing,

maintaining and operating works for the generation, supplying, transmission and distribution of electricity for

electric light, heat, or power.

(f) A public utility subject to regulation, supervision or control by a federal regulatory body, or a public utility

operating under the authority granted by the State of New Jersey, and engaged in the furnishing of communi-

cation or signal service, or both, to a public utility, or to the public, as an integral part of a communication or

signal system, and any agency associated or affiliated with any public utility and engaged in research and

development in the communications field.

(g) A railway utility in the exercise of its functions as a utility and located in or on buildings or premises used

exclusively by such an agency.

(h) Commercial radio and television transmission equipment.

(i) Construction by any branch of the federal government.

(j) Any work with a potential of less than 10 volts.

(k) Repair, manufacturing and maintenance work on premises occupied by a firm or corporation, and installation

work on premises occupied by a firm or corporation and performed by a regular employee who is a qualified

journeyman electrician.

(l) Installation, repair or maintenance performed by regular employees of the State or of a municipality, county, or

school district on the premises or property owned or occupied by the State, a municipality, county, or school

district.

(m) The maintaining, installing or connecting of automatic oil, gas or coal burning equipment, gasoline or diesel

oil dispensing equipment and the lighting in connection therewith to a supply of adequate size at the load side

of the distribution board.

(n) Work performed by a person on a dwelling that is occupied solely as a residence for himself or for a member

or members of his immediate family.

(o) (Deleted by amendment, P.L.1997, c. 305)

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

(p) Any work performed by a landscape irrigation contractor which has the potential of not more than 30 volts

involving the installation, servicing, or maintenance of a landscape irrigation system as this term is defined by

section 2 of this amendatory and supplementary act. Nothing in this act shall be deemed to exempt work

covered by this subsection from inspection required by the “State Uniform Construction Code Act,” P.L.1975,

c. 217 (C.52:27D-119 et seq.) or regulations adopted pursuant thereto.

(q) Any work performed by a person certified pursuant to sections 1 through 10 of P.L.2001, c. 289 (C.52:27D-

25n et seq.) that is not branch circuit wiring. For the purposes of this subsection, “branch circuit wiring”

means the circuit conductors between the final overcurrent device protecting the circuit and one or more

outlets. A certificate holder shall be deemed to have engaged in professional misconduct for the purposes of

section 8 of P.L.1978, c. 73 (C.45:1-21) for violating the provisions of this subsection.

(r Any work performed by an alarm business, as that term is defined by section 2 of P.L.1985, c. 289 (C.45:5A-

18.1), licensed pursuant to P.L.1997, c. 305 (C.45:5A-23 et seq.) that is not branch circuit wiring. For the

purposes of this subsection, “branch circuit wiring” means the circuit conductors between the final overcurrent

device protecting the circuit and one or more outlets. A licensee shall be deemed to have engaged in profes-

sional misconduct for the purposes of section 8 of P.L.1978, c. 73 ( C.54:1-21) for violating the provisions of

this subsection.

The board may also exempt from the business permit provisions of this act such other electrical activities of

like character which in the board’s opinion warrant exclusion from the provisions of this act.

For text of section effective until June 30, 2003, see ßÇ45:5A-18, ante.

45:5A-18.1. Definitions

As used in this amendatory and supplementary act:

a. “Alarm business” means a partnership, corporation or other business entity engaged in the installation,

servicing or maintenance of burglar or fire alarm systems, or the monitoring or responding to alarm signals

when provided in conjunction therewith. “Installation” includes the survey of a premises, the design and

preparation of the specifications for the equipment or system to be installed pursuant to a survey, the

installation of the equipment or system, or the demonstration of the equipment or system after the installa-

tion is completed, but does not include any survey, design or preparation of specifications for equipment or

for a system which is prepared by an engineer licensed pursuant to the provisions of P.L.1938, c. 342

(C.45:8-27 et seq.), or an architect licensed pursuant to the provisions of R.S. 45:3-1 et seq., if the survey,

design, or preparation of specifications is part of a design for construction of a new building or premises or

a renovation of an existing building or premises, which renovation includes components other than the

installation of a burglar or fire alarm system.

b. “Burglar alarm “ means a security system comprised of an interconnected series of alarm devices or com-

ponents, including systems interconnected with radio frequency signals, which emits an audible, visual or

electronic signal indicating an alarm condition and providing a warning of intrusion, which is designed to

discourage crime.

c. “Fire alarm “ means a security system comprised of an interconnected series of alarm devices or compo-

nents, including systems interconnected with radio frequency signals, which emits an audible, visual or

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

electronic signal indicating an alarm condition and provides a warning of the presence of smoke or fire;

except that “fire alarm’’ does not mean a system whose primary purpose is telecommunications with en-

ergy control, the monitoring of the interior environment being an incidental feature thereto.

d. “Landscape irrigation contractor’’ means a person engaged in the installation, servicing, or maintenance of

a landscape irrigation system.

e. “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 suitable

source, including properly treated wastewater, for the purpose of irrigating landscape vegetation or the

control of dust and erosion on landscape areas, including integral pumping systems or integral control

systems for the manual, semiautomatic, or automatic control of the operation of these systems.

45:5A-19. Bond of contractor

In addition to such other bonds as may otherwise be required, any person engaged in the business of electrical

contracting under the provisions of this act shall not undertake to do any electrical work in the State of New Jersey

or any political subdivision thereof unless and until he shall have entered into bond in favor of the State of New

Jersey in the sum of $1,000.00, executed by a surety company authorized to transact business in the State of New

Jersey, approved by the Department of Banking and Insurance, and to be conditioned on the faithful performance

of the provisions of this act. The board shall, by rule and regulation, provide who shall be eligible to receive the

financial protection afforded by said bond. The aforesaid bond shall be for the term of 24 months and must be

renewed upon expiration for the ensuing 24 months.

45:5A-20. Repealed by L.1979, c. 432, ß 1, eff. Feb. 14, 1980

45:5A-21. Engaging in business without permit; disorderly persons

Any person advertising or engaging in the business of electrical contracting without having a business permit

from the board is a disorderly person.

45:5A-22. Repealed by L.1979, c. 432, ß 1, eff. Feb. 14, 1980

45:5A-23. Fire Alarm, Burglar Alarm and Locksmith Advisory Committee; creation; membership; terms and

vacancies; officers; compensation

a. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety,

under the Board of Examiners of Electrical Contractors, a “Fire Alarm, Burglar Alarm and Locksmith

Advisory Committee.’’

The committee shall consist of 15 members who are residents of this State as follows:

(1) Two members shall have been engaged in the alarm business in this State on a full-time basis for at least five

consecutive years immediately preceding their appointments, shall be members of the New Jersey Burglar and

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

Fire Alarm Association and, except for the members first appointed, shall be licensed under the provisions of

section 7 of this act;

(2) Five members shall be municipal officials, and shall include (a) a fire prevention officer; (b) a crime preven-

tion officer; (c) a fire sub-code official; (d) a building inspector; and (e) a chief of police who is a member of

the New Jersey Association of Chiefs of Police;

(3) One member shall be a representative of the Division of State Police;

(4) One member shall have been engaged in the alarm business in this State on a full-time basis for at least five

consecutive years immediately preceding appointment, shall be a member of the Automatic Fire Alarm Asso-

ciation of New Jersey and, except for the member first appointed, shall be licensed under the provisions of

section 7 of this act;

(5) Two members shall have been engaged as practicing locksmiths on a full-time basis for at least five consecu-

tive years immediately preceding appointment, shall be members of a duly recognized professional locksmith

association in New Jersey and, except for the members first appointed, shall be licensed as locksmiths under

the provisions of section 7 of this act;

(6) One member shall have been engaged in the alarm business in this State on a full-time basis, shall be a member

of both the New Jersey Burglar and Fire Alarm Association and a duly recognized professional locksmith

association and, except for the member first appointed, be licensed under the provisions of section 7 of this act;

(7) One member shall have been engaged as a practicing locksmith in this State on a full-time basis for at least five

consecutive years immediately preceding appointment, shall be a member of both the New Jersey Burglar and

Fire Alarm Association and a duly recognized professional locksmith association and, except for the member

first appointed, be licensed under the provisions of section 7 of this act;

(8) One member shall be a member of the International Brotherhood of Electrical Workers, A.F.L.-C.I.O; and

(9) One member shall be a public member who meets the requirements pertaining to public members set forth in

subsection b. of section 2 of P.L.1971, c. 60 (C.45:1-2.2).

b. The Governor shall appoint each member for a term of three years, except that of the members first

appointed, five shall serve for terms of three years, five shall serve for terms of two years, and five shall

serve for terms of one year.

c. Any vacancy in the membership of the committee shall be filled for the unexpired term in the manner

provided for the original appointment. No member of the committee may serve more than two successive

terms in addition to any unexpired term to which he has been appointed.

d. The committee shall annually elect from among its members a chair and vice-chair. The committee shall

meet at least four times a year and may hold additional meetings as necessary to discharge its duties. In

addition to such meetings, the committee shall meet at the call of the chair, the board, or the Attorney

General.

e. Members of the committee shall be compensated and reimbursed for actual expenses reasonably incurred

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

in the performance of their official duties and reimbursed for expenses and provided with office and meet-

ing facilities and personnel required for the proper conduct of the committee’s business.

f. The committee shall make recommendations to the board regarding rules and regulations pertaining to

professional training, standards, identification and record-keeping procedures for licensees and their em-

ployees, classifications of licensure necessary to regulate the work of licensees, and other matters as nec-

essary to effectuate the purposes of this act.

45:5A-24. Powers and duties regarding regulation of locksmiths, fire alarm, or burglar alarm businesses

The board shall have the following powers and duties, or may delegate them to the committee:

a. To set standards and approve examinations for applicants for a fire alarm, burglar alarm or locksmith

license and issue a license to each qualified applicant;

b. To administer the examination to be taken by applicants for licensure;

c. To determine the form and contents of applications for licensure, licenses and identification cards;

d. To adopt a code of ethics for licensees;

e. To issue and renew licenses and identification cards;

f. To set the amount of fees for fire alarm, burglar alarm and locksmith licenses, license renewal, applica-

tions, examinations and other services provided by the board and committee, within the limits provided in

subsection b. of section 11 of this act;

g. To refuse to admit a person to an examination or refuse to issue or suspend, revoke, or fail to renew the

license of a fire alarm, burglar alarm, or locksmith licensee pursuant to the provisions of P.L.1978, c. 73

(C.45:1-14 et seq.);

h. To maintain a record of all applicants for a license;

i. To maintain and annually publish a record of every licensee, his place of business, place of residence and

the date and number of his license;

j. To take disciplinary action, in accordance with P.L.1978, c. 73 (C.45:1-14 et seq.) against a licensee or

employee who violates any provision of this act or any rule or regulation promulgated pursuant to this act;

k. To adopt standards and requirements for and approve continuing education programs and courses of study

for licensees and their employees;

l. To review advertising by licensees; and

m. To perform such other duties as may be necessary to effectuate the purposes of this act.

45:5A-25. Engaging in alarm or locksmith business; licensure required

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

a. No person shall advertise that he is authorized to engage in, or engage in the alarm business, or otherwise

engage in the installation, service or maintenance of burglar alarm, fire alarm or electronic security

systems unless he satisfies the requirements of this act.

b. No person shall represent himself as qualified to provide, or otherwise provide locksmithing services

unless he is licensed as a locksmith in accordance with the provisions of this act.

45:5A-26. Application for licensure; alarm or locksmith businesses or services

a. Application for a license to engage in the alarm business or to provide locksmithing services, as the case

may be, shall be made to the board in the manner and on the forms as the board, in consultation with the

committee may prescribe.

(1) An application to engage in the alarm business shall include the name, age, residence, present and previous

occupations of the applicant and, in the case of a business firm engaged in the alarm business, of each member,

officer or director thereof, the name of the municipality and the location therein by street number or other

appropriate description of the principal place of business and the location of each branch office.

(2) An application to engage in locksmithing services shall include the name, residence and principal business

address of the applicant, or in the case of an employee, the principal business address of his employer.

b. Every applicant shall submit to the board, together with the application, his photograph, in passport size, a

list of all criminal offenses of which he has been convicted, setting forth the date and place of each convic-

tion and the name under which he was convicted, if other than that on the application, and fingerprints of

his two hands taken on standard fingerprint cards by a State or municipal law enforcement agency. Before

approving an application, the board shall submit the fingerprints of the applicant to the Division of State

Police in the Department of Law and Public Safety, for comparative analysis. The board is authorized to

exchange fingerprint data with and receive criminal history record information from the Division of State

Police and the Federal Bureau of Investigation for use in making the determinations required by this act.

The applicant shall bear the cost for the criminal history record check. No license shall be issued to any

applicant whose license has been revoked under the provisions of this act within five years of the date of

filing of an application.

c. If an applicant files with the board fingerprints of a person other than the applicant, he shall be guilty of a

crime of the fourth degree and shall have his license application denied or license revoked.

d. The board may require other information of the applicant and, if the applicant is proposing to qualify a

business firm, of the business firm to determine the professional competence and integrity of the concerned

parties.

45:5A-27. Alarm business; requirements for licensure

a. An applicant seeking licensure to engage in the alarm business shall:

(1) Be at least 18 years of age;

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

(2) Be of good moral character, and not have been convicted of a crime of the first, second or third degree within

10 years prior to the filing of the application;

(3) Meet qualifications established by the board, in consultation with the committee, regarding experience, con-

tinuing education, financial responsibility and integrity; and

(4) Establish his qualifications to perform and supervise various phases of alarm installation, service and mainte-

nance as evidenced by successful completion of an examination approved by the board, in consultation with

the committee, except that any person engaged in the alarm business on the effective date of this act and filing

an application within 120 days following the effective date of this act, shall not be required to submit evidence

of the successful completion of the examination requirement if that person shows proof of having completed

40 hours of technical training prior to the effective date of this act, which training has been approved by the

board, in consultation with the committee. No examination or training requirement shall apply to any person

providing evidence of having been engaged in the alarm business for at least one year prior to the effective date

of this act.

b. An applicant seeking licensure as a locksmith shall:

(1) Be at least 18 years of age;

(2) Be of good moral character, and not have been convicted of a crime of the first, second or third degree within

10 years prior to the filing of the application;

(3) Present evidence to the board of having successfully completed any training and continuing education require-

ments established by the board, in consultation with the committee; and

(4) Successfully complete a written examination approved by the board, in consultation with the committee to

determine the applicant’s competence to engage in locksmithing services, except that no examination require-

ment shall apply to any person engaged in locksmithing services who has practiced locksmithing services for

at least one year prior to the effective date of this act and who files an application within 120 days following the

effective date of this act.

45:5A-27.1. Certificate holder seeking license to engage in fire alarm business

Text of section effective June 30, 2003.

Any person certified to engage in the fire protection contractor business pursuant to P.L.2001, c. 289 (C.52:27D-

25n et al.) whose certificate of certification is not in good standing with the Commissioner of Community Affairs

shall not be eligible for a license to engage in the fire alarm business under the provisions of section 1 of P.L.1995,

c. 213 (C.45:5A-9.1).

45:5A-28. Locksmithing services; exempt activities

The provisions of this act regarding the practice of locksmithing services shall not apply to:

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

a. The activities of any person performing public emergency services for a governmental entity if that person

is operating under the direction or control of the organization by which he is employed;

b. The activities of any sales representative who is offering a sales demonstration to licensed locksmiths;

c. The activities of any automotive service dealer or lock manufacturer, or their agent or employee, while

servicing, installing, repairing, or rebuilding locks from a product line utilized by that dealer or lock manu-

facturer;

d. The activities of any member of a trade union hired to install any mechanical locking device as part of a

new building construction or renovation project; and

e. The activities of any person using any key duplicating machine or key blanks, except for keys marked “”do

not duplicate’’ or “”master key.’’

45:5A-29. Exemption from licensure requirements; telephone utilities; cable television companies; electrical

contractors

Text of section effective until June 30, 2003.

a. Telephone utilities and cable television companies regulated by the Board of Regulatory Commissioners

pursuant to Title 48 of the Revised Statutes and persons in their employ while performing the duties of their

employment are exempt from the requirement of obtaining a license to engage in the alarm business pursu-

ant to this act.

b. Electrical contractors regulated by the Board of Examiners of Electrical Contractors pursuant to P.L.1962,

c. 162 (C.45:5A-1 et seq.) and persons in their employ while performing the duties of their employment are

exempt from the requirement of obtaining a license to engage in the alarm business pursuant to this act.

For text of section effective June 30, 2003, see ßÇ45:5A-29, post.

45:5A-29. Exemption from licensure requirements; telephone utilities; cable television companies; electrical

contractors

Text of section effective June 30, 2003.

a. Telephone utilities and cable television companies regulated by the Board of Regulatory Commissioners

pursuant to Title 48 of the Revised Statutes and persons in their employ while performing the duties of their

employment are exempt from the requirement of obtaining a license to engage in the alarm business pursu-

ant to this act.

b. Electrical contractors regulated by the Board of Examiners of Electrical Contractors pursuant to P.L.1962,

c. 162 (C.45:5A-1 et seq.) and persons in their employ while performing the duties of their employment are

exempt from the requirement of obtaining a license to engage in the alarm business pursuant to this act.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

c. Any person who is certified to engage in the fire protection equipment business or who holds a fire protec-

tion contractor business permit pursuant to P.L.2001, c. 289 (C.52:27D-25n et al.) and persons in their

employ are exempt from the requirement of obtaining a license to engage in the fire alarm business pursu-

ant to this act.

For text of section effective until June 30, 2003, see ßÇ45:5A-29, ante.

45:5A-30. Issuance of locksmith license

Notwithstanding any other provision of this act to the contrary, the board shall, upon application with submis-

sion of satisfactory proof and payment of the prescribed fee, within six months following the effective date of this

act, issue a locksmith license to:

a. Any person who has successfully completed a locksmith apprentice program which has been approved by

the Bureau of Apprenticeship and Training of the United States Department of Labor; or

b. Any person who has been engaged full-time in the practice of locksmithing services for at least three years

immediately prior to the date of his application for a locksmith’s license.

45:5A-31. Renewal of alarm business or locksmith service licenses

a. Licenses shall be issued to qualified applicants seeking licensure to engage in the alarm business or as a

locksmith for a three-year period, upon payment of a licensing fee. License renewals shall be issued for a

three-year period upon the payment of a renewal fee. A renewal application shall be filed with the board at

least 45 days prior to expiration of a license. A license issued pursuant to this act shall not be transferable.

b. Fees shall be established, prescribed or changed by the board, in consultation with the committee, to the

extent necessary to defray all proper expenses incurred by the committee, the board and any staff employed

to administer the provisions of this act, except that fees shall not be fixed at a level that will raise amounts

in excess of the amount estimated to be so required. All fees and any fines imposed under this act shall be

paid to the board and shall be forwarded to the State Treasurer and become part of the General Fund.

45:5A-32. Engaging in locksmithing or alarm business; required activities

a. No licensee qualified under the provisions of this act shall engage in the alarm business or in the practice of

locksmithing services, unless the licensee:

(1) Maintains at least one business office within the State or files with the board a statement, duly executed and

sworn to before a person authorized by the laws of this State to administer oaths, containing a power of

attorney constituting the board the true and lawful attorney of the licensee upon whom all original process in

an action or legal proceeding against the licensee may be served and in which the licensee agrees that the

original process that may be served upon the board shall be of the same force and validity as if served upon the

licensee and that the authority thereof shall continue in force so long as the licensee engages in the alarm

business or in the practice of locksmithing services, as the case may be, in this State;

(2) Clearly marks the outside of each installation and service vehicle to be used in conjunction with the alarm

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

business with the alarm business name or the outside of each installation and service vehicle to be used in

conjunction with locksmithing services with the locksmithing service’s name;

(3) Maintains an emergency service number attended to on a 24-hour basis and responds appropriately to emer-

gencies on a 24-hour basis when engaged in the alarm business; and

(4) Retains at all times general liability insurance in an amount determined by the board, in consultation with the

committee, and insurance coverage or a surety bond in favor of the State of New Jersey in the sum of $10,000,

executed by a surety company authorized to transact business in the State of New Jersey and which is approved

by the Department of Banking and Insurance, and which is to be conditioned on the faithful performance of the

provisions of this act. The board shall by rule or regulation provide who shall be eligible to receive the finan-

cial protection afforded by that bond and the bond shall be in full force and effect for the term of the license

issued.

b. Except in the case of an employee licensed as a locksmith, no licensed locksmith shall engage in locksmithing

services unless that licensee maintains at least one business office within the State.

45:5A-33. Identification cards

a. Every licensee and every employee or other person engaged in the unsupervised installation, servicing or

maintenance of burglar alarm, fire alarm or electronic security systems shall, at all times during working

hours, display an identification card issued by the board. The identification card shall contain the following

information:

(1) the name, photograph and signature of the person to whom the card has been issued;

(2) the business name and address and license number of the licensee;

(3) the expiration date of the card; and

(4) that other information the board deems appropriate for identification purposes.

b. Identification cards shall be issued for a three-year period which, in the case of a licensee, shall correspond

to the term of the license period of the licensee. Application for renewal of an identification card for other

than a licensee shall be made by the person named on the card at least 45 days prior to the expiration date

of the card. The information provided on the identification card shall at all times be current, and the named

holder of the card shall advise the board of any changes and file for issuance of an updated card within five

days following occurrence of a change, which card shall be issued for the unexpired term of the original

card.

c. Identification cards shall not be transferable in the event of a change in employment.

45:5A-34. Employees of alarm business or locksmith licensees; requirements

No person shall be employed by a licensee to install, service or maintain a burglar alarm, fire alarm or

electronic security system or, except in the case of a licensee, shall otherwise engage in the installation, service or

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

maintenance thereof:

a. unless the person is of good moral character; and

b. where the work is to be performed other than under the field supervision of a licensee or a person qualified

pursuant to the provisions of this section, unless the person shall have at least three years of practical

experience and shall have successfully completed a course of study or a competency examination pre-

scribed by the board, in consultation with the committee; except that an employee employed in the instal-

lation, servicing or maintenance of burglar alarm, fire alarm or electronic security systems by a license

applicant filing an application within 120 days of the effective date of this act and identified as an em-

ployee on the application, shall not be required to satisfy the competency requirements of this subsection,

until the first renewal of the employee’s identification card.

45:5A-35. Alarm business or locksmith licensees; liability for acts of employees

a. A licensee shall be responsible for any unlawful or unprofessional conduct by an employee, except that the

conduct shall not be a cause for suspension or revocation of a license, unless the board determines that the

licensee had knowledge thereof, or there is shown to have existed a pattern of unlawful or unprofessional

conduct.

b. Within 30 days of employing a person in connection with an alarm business or as a locksmith, a licensee

shall notify the board and shall provide the board with the employee’s photograph, in passport size, finger-

prints of the employee’s two hands taken on standard fingerprint cards by a State or municipal law enforce-

ment agency, a list of all criminal offenses, supplied by the employee, of which the employee has been

convicted, setting forth the date and place of each conviction, and the name under which the employee was

convicted, if other than that given in the written notification to the board and, if the work of the employee

is not to be directly supervised, evidence of practical experience and professional competence in accor-

dance with the requirements of subsection b. of section 14 of this act.

c. If a licensee knowingly falsifies any information required by the board, the licensee shall be guilty of a

crime of the fourth degree and shall have his license revoked.

d. After confirming the information provided on an employee with the Division of State Police in the Depart-

ment of Law and Public Safety and conducting other investigations as necessary, if the board determines

that an employee is subject to the requirements of section 14 of this act and fails to satisfy those require-

ments, the board shall advise the licensee immediately of the employee’s unfitness. The board is autho-

rized to exchange fingerprint data with and receive criminal history record information from the Division

of State Police and the Federal Bureau of Investigation for use in making the determinations required by

this act. The employer shall bear the cost for the criminal history record check pursuant to this section.

Employees hired by an alarm business through a recognized trade union on a temporary basis not to exceed

six months or one project, whichever is greater, are exempt from the requirements of this act.

45:5A-36. Local regulation of locksmithing or alarm businesses prohibited

No municipality or county shall enact an ordinance or resolution or promulgate any rules or regulations

relating to the licensing or registration of locksmiths or alarm businesses. The provisions of any ordinance or

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

resolution or rules or regulations of any municipality or county relating to the licensing or registration of lock-

smiths or alarm businesses are superseded by the provisions of this act. Nothing in this section shall be construed,

however, to prohibit municipal regulation of door-to-door vendors or salespersons of burglar alarm, fire alarm or

electronic security systems nor shall anything in this section be construed to prohibit or restrict municipal consid-

eration of alarm business service proposals in consent proceedings under the “Cable Television Act,’’ P.L.1972, c.

186 (C.48:5A-1 et seq.).

45:5A-37. Licensure of persons holding valid licenses in other jurisdictions

If the board, after consultation with the committee, determines that an applicant holds a valid license from

another jurisdiction which requires equal or greater experience and knowledge requirements, the board may ac-

cept evidence of that license as meeting the experience and knowledge requirements of this act for a person

engaged in the alarm business or in the practice of locksmithing services.

45:5A-38. Adoption of rules and regulations; locksmith services and alarm businesses

The board, after consultation with the committee, shall adopt rules and regulations pursuant to the “”Admin-

istrative Procedure Act,’’ P.L.1968, c. 410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

SUBCHAPTER 16. HOME IMPROVEMENT PRACTICES

13:45A-16.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the

context indicates otherwise.

“Home improvement” means the remodeling, altering, painting, repairing, or modernizing of residential or

noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction,

installation, replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, land-

scaping, fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement water-

proofing, fire protection devices, security protection devices, central heating and air conditioning equipment,

water softeners, heaters, and purifiers, solar heating or water systems, insulation installation, aluminum siding,

wall-to-wall carpeting or attached or inlaid floor coverings, and other changes, repairs, or improvements made in

or on, attached to or forming a part of the residential or noncommercial property, but does not include the construc-

tion of a new residence. ÇThe term extends to the conversion of existing commercial structures into residential or

noncommercial property and includes any of the above activities performed under emergency conditions.

“Home improvement contract” means an oral or written agreement between a seller and an owner of residen-

tial or noncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the

tenant or lessee is to be obligated for the payment of home improvements made in, to, or upon such property, and

includes all agreements under which the seller is to perform labor or render services for home improvements, or

furnish materials in connection therewith.

“Residential or non-commercial property” means a structure used, in whole or in substantial part, as a home

or place of residence by any natural person, whether or not a single or multi-unit structure, and that part of the lot

or site on which it is situated and which is devoted to the residential use of the structure, and includes all appurte-

nant structures.

“Sales representative” means a person employed by or contracting with a seller for the purpose of selling

home improvements.

“Seller” means a person engaged in the business of making or selling home improvements and includes

corporations, partnerships, associations and any other form of business organization or entity, and their officers,

representatives, agents and employees.

13:45A-16.2 Unlawful practices

(a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et

seq., utilization by a seller of the following acts and practices involving the sale, attempted sale, advertisement

or performance of home improvements shall be unlawful hereunder:

1. Model home representations: Misrepresent or falsely state to a prospective buyer that the buyer’s residen-

tial or noncommercial property is to serve as a “model” or “advertising job”, or use any other prospective

buyer lure to mislead the buyer into believing that a price reduction or other compensation will be received

by reason of such representations;

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

2. Product and material representations: Misrepresent directly or by implication that products or materials to

be used in the home improvement:

i. Need no periodic repainting, finishing, maintenance or other service;

ii. Are of a specific or well-known brand name, or are produced by a specific manufacturer or exclusively

distributed by the seller;

iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics or

features;

iv. Perform certain functions or substitute for, or are equal in performance to, other products or materials;

v. Meet or exceed municipal, state, federal, or other applicable standards or requirements;

vi. Are approved or recommended by any governmental agency, person, firm or organization, or that they

are the users of such products or materials;

vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;

viii. Are or will be custom-built or specially designed for the needs of the buyer; or

ix. May be serviced or repaired within the buyer’s immediate trade area, or be maintained with

replacement and repair parts which are readily available.

3. Bait selling:

i. Offer or represent specific products or materials as being for sale, where the purpose or effect of the

offer or representation is not to sell as represented but to bait or entice the buyer into the purchase of

other or higher priced substitute products or materials;

ii. Disparage, degrade or otherwise discourage the purchase of products or materials offered or repre-

sented by the seller as being for sale to induce the buyer to purchase other or higher priced substitute

products or materials;

iii. Refuse to show, demonstrate or sell products or materials as advertised, offered, or represented as

being for sale;

iv. Substitute products or materials for those specified in the home improvement contract, or otherwise

represented or sold for use in the making of home improvements by sample, illustration or model,

without the knowledge or consent of the buyer;

v. Fail to have available a quantity of the advertised product sufficient to meet reasonably anticipated

demands; or

vi. Misrepresent that certain products or materials are unavailable or that there will be a long delay in their

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

manufacture, delivery, service or installation in order to induce a buyer to purchase other or higher

priced substitute products or materials from the seller.

4. Identity of seller:

i. Deceptively gain entry into the prospective buyer’s home or onto the buyer’s property under the guise

of any governmental or public utility inspection, or otherwise misrepresent that the seller has any

official right, duty or authority to conduct an inspection;

ii. Misrepresent that the seller is an employee, office or representative of a manufacturer, importer or any

other person, firm or organization, or a member of any trade association, or that such person, firm or

organization will assume some obligation in fulfilling the terms of the contract;

iii. Misrepresent the status, authority or position of the sales representative in the organization he repre-

sents;

iv. Misrepresent that the sales representative is an employee or representative of or works exclusively for

a particular seller; or

v. Misrepresent that the seller is part of any governmental or public agency in any printed or oral commu-

nication including but not limited to leaflets, tracts or other printed material, or that any licensing

denotes approval by the governmental agency.

5. Gift offers:

i. Offer or advertise any gift, free item or bonus without fully disclosing the terms or conditions of the

offer, including expiration date of the offer and when the gift, free item or bonus will be given; or

ii. Fail to comply with the terms of such offer.

6. Price and financing:

i. Misrepresent to a prospective buyer that an introductory, confidential, close-out, going out of business,

factory, wholesale, or any other special price or discount is being given, or that any other concession is

made because of a market survey or test, use of materials left over from another job, or any other

reason;

ii. Misrepresent that any person, firm or organization, whether or not connected with the seller, is espe-

cially interested in seeing that the prospective buyer gets a bargain, special price, discount or any other

benefit or concession;

iii. Misrepresent or mislead the prospective buyer into believing that insurance or some other form of

protection will be furnished to relieve the buyer from obligations under the contract if the buyer be-

comes ill, dies or is unable to make payments;

iv. Misrepresent or mislead the buyer into believing that no obligation will be incurred because of the

signing of any document, or that the buyer will be relieved of some or all obligations under the contract

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

by the signing of any documents;

v. Request the buyer to sign a certificate of completion, or make final payment on the contract before the

home improvement is completed in accordance with the terms of the contract;

vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery or installa-

tion, or that other requirements must be fulfilled by the buyer as a condition to the performance of

labor, services, or the furnishing of products or materials at the offered or contract price;

vii. Mislead the prospective buyer into believing that the down payment or any other sum constitutes the

full amount the buyer will be obligated to pay;

viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing charges,

interest service charges, credit investigation costs, building or installation permit fees, or other obliga-

tions, charges, cost or fees to be paid by the buyer;

ix. Advise or induce the buyer to inflate the value of the buyer’s property or assets, or to misrepresent or

falsify the buyer’s true financial position in order to obtain credit; or

x. Increase or falsify the contract price, or induce the buyer by any means to misrepresent or falsify the

contract price or value of the home improvement for financing purposes or to obtain additional credit.

7. Performance:

i. Deliver materials, begin work, or use any similar tactic to unduly pressure the buyer into a home

improvement contract, or make any claim or assertion that a binding contract has been agreed upon

where no final agreement or understanding exists;

ii. Fail to begin or complete work on the date or within the time period specified in the home improvement

contract, or as otherwise represented, unless the delay is for reason of labor stoppage; unavailability of

supplies or materials, unavoidable casualties, or any other cause beyond the seller’s control. Any changes

in the dates or time periods stated in a written contract shall be agreed to in writing; or

iii. Fail to give timely written notice to the buyer of reasons beyond the seller’s control for any delay in

performance, and when the work will begin or be completed.

8. Competitors:

i. Misrepresent that the work of a competitor was performed by the seller;

ii. Misrepresent that the seller’s products, materials or workmanship are equal to or better than those of a

competitor; or

iii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.

9. Sales representations:

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

i. Misrepresent or mislead the buyer into believing that a purchase will aid or help some public, chari-

table, religious, welfare or veterans’ organization, or misrepresent the extent of such aid or assistance;

ii. Knowingly fail to make any material statement of fact, qualification or explanation if the omission of

such statement, qualification or explanation causes an advertisement, announcement, statement or rep-

resentation to be false, deceptive or misleading; or

iii. Misrepresent that the customer’s present equipment, material, product, home or a part thereof is dan-

gerous or defective, or in need of repair or replacement.

10. Building permits:

i. No seller contracting for the making of home improvements shall commence work until he is sure that

all applicable state or local building and construction permits have been issued as required under state

laws or local ordinances; or

ii. Where midpoint or final inspections are required under state laws or local ordinances, copies of inspec-

tion certificates shall be furnished to the buyer by the seller when construction is completed and before

final payment is due or the signing of a completion slip is requested of the buyer.

11. Guarantees or warranties:

i. The seller shall furnish the buyer a written copy of all guarantees or warranties made with respect to

labor services, products or materials furnished in connection with home improvements. Such guaran-

tees or warranties shall be specific, clear and definite and shall include any exclusions or limitations as

to their scope or duration. Copies of all guarantees or warranties shall be furnished to the buyer at the

time the seller presents his bid as well as at the time of execution of the contract, except that separate

guarantees or warranties of the manufacturer of products or materials may be furnished at the time such

products or materials are installed.

12. Home improvement contract requirements writing requirement: All home improvement contracts for a

purchase price in excess of $ 200.00, and all changes in the terms and conditions thereof shall be in writing.

Home improvement contracts which are required by this subsection to be in writing, and all changes in the

terms and conditions thereof, shall be signed by all parties thereto, and shall clearly and accurately set forth

in legible form all terms and conditions of the contract, including, but not limited to, the following:

i. The legal name and business address of the seller, including the legal name and business address of the

sales representative or agent who solicited or negotiated the contract for the seller;

ii. A description of the work to be done and the principal products and materials to be used or installed in

performance of the contract. The description shall include, where applicable, the name, make, size,

capacity, model, and model year of principal products or fixtures to be installed, and the type, grade,

quality, size or quantity of principal building or construction materials to be used. Where specific

representations are made that certain types of products or materials will be used, or the buyer has

specified that certain types of products are to be used, a description of such products or materials shall

be clearly set forth in the contract;

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

iii. The total price or other consideration to be paid by the buyer, including all finance charges. If the

contract is one for time and materials, the hourly rate for labor and all other terms and conditions of the

contract affecting price shall be clearly stated;

iv. The dates or time period on or within which the work is to begin and be completed by the seller;

v. A description of any mortgage or security interest to be taken in connection with the financing or sale

of the home improvement; and

vi. A statement of any guarantee or warranty with respect to any products, materials, labor or services

made by the seller.

13. Disclosures and obligations concerning preservation of buyers’ claims and defenses:

i. If a person other than the seller is to act as the general contractor or assume responsibility for perfor-

mance of the contract, the name and address of such person shall be disclosed in the oral or written

contract, except as otherwise agreed, and the contract shall not be sold or assigned without the written

consent of the buyer;

ii. No home improvement contract shall require or entail the execution of any note, unless such note shall

have conspicuously printed thereon the disclosures required by either State law (N.J.S.A. 17:16C-64.2

(consumer note)) or Federal law (16 C.F.R. section 433.2) concerning the preservation of buyers’ claims

and defenses.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

DEPT. OF LAW AND PUBLIC SAFETY

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS

CHAPTER 31. BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS

SUBCHAPTER 1. GENERAL RULES AND REGULATIONS

13:31-1.1 Board meetings; quorum

(a) Regular Board meetings shall be held in accordance with a schedule that is published yearly and filed with the

Secretary of State.

(b) Special meetings may be held at the request of a Board member or called by the Chairman with publication of

appropriate notice pursuant to the requirements of the Open Public Meetings Act.

shall be taken except on the affirmative vote of a majority of the members of the entire Board.

(d) In the absence of the chairman, members shall select one of the members attending the meeting to serve as

chairman for that meeting.

13:31-1.2 Definitions

(a) Minor repair work within the meaning of N.J.S.A. 45:5A-18(a) shall include, without limitation, the replace-

ment of lamps and fuses operating at less than 150 volts to ground with a like or similar item.

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

either:

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

2. A person who has acquired 8,000 hours of practical experience working with tools in the installation,

alteration or repair of wiring for electric light, heat or power and who has had a minimum of 576 classroom

hours of related instruction. The requirement of practical experience shall not include time spent in super-

vising, engineering, estimating and other managerial tasks; or

3. A person who can demonstrate to the satisfaction of the Board that he or she has gathered the required

experience through alternative means.

the performance of functions which include, but are not necessarily exclusively limited to, those associated

with the installation, repair and maintenance of electrical work for the State, county, municipality, or school

district which occupies the premises on which such work is done.

13:31-1.3 Bonds

An action may be maintained on the bond required by N.J.S.A. 45:5A-19 by any person injured, aggrieved or

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

damaged through the failure of the obligor to perform the duties prescribed for electrical contractors under the

provisions of N.J.S.A. 45:5A-1, et seq. or any rule of the Board.

13:31-1.4 Compliance with laws

Electrical contractors and business permit holders shall 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 disci-

plinary action as set forth at N.J.S.A. 45:1-21 et seq.

13:31-1.5 Identification of licensees, permittees and qualified journeyman electricians; vehicles; stationery;

advertising

(a) All commercial vehicles utilized in the practice of licensed electrical contracting shall be visibly marked 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 “Elec-

trical 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 stationery shall display 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 li-

cense 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.

1. The name of the licensed electrical contractor;

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

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 “Elec-

trical 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.

(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.

(f) Upon request, the Board shall issue a qualified journeyman electrician identification card to an individual who

satisfies the definition of N.J.A.C. 13:31-1.2 and requests such a card. The fee, as set forth in N.J.A.C. 13:31-

1.6, shall be payable only one time.

13:31-1.6 Fee schedule

(a) The following fees shall be charged by the Board:

1. Application fee (non-refundable) ............................................................................... $100.00

2. Initial license fee:

i. If paid during the first year of a triennial renewal period ........................................ $150.00

ii. If paid during the second year of a triennial renewal period..................................... $100.00

iii. If paid during the third year of a triennial renewal period ........................................ $ 50.00

3. Triennial license renewal........................................................................................... $150.00

4. Late renewal fee (within 30 days) ............................................................................. $ 50.00

5. Reinstatement fee ...................................................................................................... $100.00

6. Initial business permit:

i. If paid during the first year of a triennial renewal period .......................................... $ 75.00

ii. If paid during the second year of a triennial renewal period...................................... $50.00

iii.If paid during the third year of a triennial renewal period ......................................... $ 25.00

7. Triennial business permit renewal ............................................................................. $ 75.00

8. Late renewal fee, permit ............................................................................................ $ 25.00

9. Replacement seal press .............................................................................................. $ 40.00

10. Duplicate license/business permit fee ...................................................................... $ 25.00

11. Replacement wall license/business permit ............................................................... $ 40.00

12. Verification of licensure............................................................................................ $ 25.00

13.Identification card, qualified journeyman electrician (payable one time)................. $ 10.00

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

14. Telecommunications wiring exemption—application fee and issuance

of identification card (non-refundable) .................................................................... $120.00

15. Continuing education sponsor fee ............................................................................ $100.00

13:31-1.7 Continuing education requirements

(a) Upon triennial license renewal, a licensee shall attest that he or she has completed courses of continuing

education of the types and number of credits specified in (b), (c), (d) and (e) below. Falsification of any

information submitted on the renewal application may require an appearance before the Board and may result

in penalties and/or suspension or revocation of the license pursuant to N.J.S.A. 45:1-21 through 45:1-25.

(b) Each applicant for triennial license renewal shall be required to complete during the preceding triennial period,

except as provided in (b)1 and 2 below, a minimum of 34 credit hours of continuing education.

1. For the triennial registration period ending on March 31, 2003, licensees not exempt pursuant to (b)2

below shall be required to complete 10 credit hours of continuing education, including nine hours on the

most recent edition of the National Electrical Code and one hour on applicable State statutes and rules;

2. Licensees shall not be required to complete the continuing education requirements for the triennial regis-

tration period in which they initially received licensure.

3. A licensee who completes more than the minimum continuing education credits set forth above in any

triennial registration period may carry no more than eight of the additional credits into a succeeding trien-

nial period;

4. Any continuing education credits completed by the licensee in compliance with an order or directive from

the Board as set forth in (j) below shall not be used to satisfy the minimum continuing education require-

ments as set forth in this section.

relating to the most recent edition of the National Electrical Code, nine hours of which shall pertain to the code

and one hour of which shall pertain to applicable State statutes and rules. A licensee shall obtain the balance of

continuing education credits in the following areas:

1. Installation, erection, repair or alteration of electrical equipment for the generation, transmission or utili-

zation of electrical energy;

2. Transmission or utilization of electrical energy;

3. Job estimating, management and business practices;

4. Supervisory responsibilities as set forth in N.J.A.C. 13:31Ñ1.13; and

5. Any other subjects relevant to electrical contracting and electrical construction.

(d) A licensee may obtain continuing education credits from the following:

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

1. Successful completion of continuing education courses or programs approved by the Board pursuant to (h)

below. The Board shall approve only such continuing education courses and programs as are available and

advertised on a reasonable nondiscriminatory basis to all persons practicing electrical contracting in the

State and are directly related to the practice of electrical contracting in the State of New Jersey, except that

an electrical contracting association or other professional or technical association offering continuing edu-

cation programs or courses may impose a reasonable differential in program or course registration fees for

licensees who are not members of that association. The Board shall maintain a list of all approved pro-

grams, courses and lecturers at the Board office and shall furnish this information to licensees upon re-

quest;

2. Participation in instructional activities such as developing curriculum for a new program or course and/or

teaching a new program or course, provided the program or course is directly related to the practice of

electrical contracting in the State of New Jersey. “New”’ means that the licensee has never taught or devel-

oped curriculum for that course or program in any educational setting;

3. Authorship of a textbook or manual or a chapter of a textbook or manual directly related to the practice of

electrical contracting in the State of New Jersey, provided the textbook or manual, as published, is at least

7,500 words in length; and

4. Authorship of a published article related to the practice of electrical contracting in the State of New Jersey,

provided the article, as published, is at least 250 words in length.

(e) Credit for continuing education shall be granted as follows for each triennial registration period:

1. Attendance at continuing education programs and courses approved by the Board: one credit for each hour

of attendance at an approved program or course. Credit shall not be granted for programs or courses that

are less than one instructional hour long. Credit shall not be granted for more than eight instructional hours

obtained in one day. Completion of an entire program or course or segment of program or course instruc-

tion shall be required in order to receive any continuing education credit;

2. Participation in instructional activities: one credit per hour of program or course instruction to a maximum

of 15 credits per triennial registration period;

3. Authorship of a textbook or manual or a chapter of a textbook or manual: five continuing education credits

per textbook or manual or chapter of a textbook or manual, to a maximum of 10 credits per triennial

registration period; and

4. Authorship of a published article: two continuing education credits per published article, to a maximum of

eight credits per triennial registration period.

(f) The Board shall perform audits on randomly selected licensees to determine compliance with continuing edu-

cation requirements. A licensee shall maintain the following documentation for a period of six years after

completion of the credits and shall submit such documentation to the Board upon request:

1. For attendance at programs or courses approved by the Board: a certificate of completion from the sponsor;

2. For publication of manual, textbook, or article: the published item, including the date of publication; and

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

3. For developing curriculum or teaching a course or program: documentation, including a copy of the cur-

riculum, location, date and time of course, duration of course by hour, and letter from sponsor confirming

that the licensee developed or taught the course or program.

(g) The Board may waive the continuing education requirements of this section on an individual basis for reasons

of hardship, such as severe illness, disability, or military service, or for retirement of the license.

1. A licensee seeking a waiver of the continuing education requirements shall apply to the Board in writing at

least 90 days prior to license renewal and set forth in specific detail the reasons for requesting the waiver.

The licensee shall provide the Board with such supplemental materials as will support the request for

waiver.

2. A waiver of continuing education requirements granted pursuant to this subsection shall only be effective

for the triennial period in which such waiver is granted. If the condition(s) which necessitated the waiver

persist(s) into the next triennial period, a licensee shall apply to the Board for the renewal of such waiver

for the new triennial period.

(h) All sponsors of continuing education programs or courses shall:

1. Obtain Board approval, in each triennial period, prior to representing that any course, seminar or program

fulfills the requirements of this section;

2. Submit the following for each course or program offered, for evaluation by the Board:

i. A detailed description of course content and the hours of instruction; and

ii. A curriculum vitae of each lecturer, including specific background which qualifies the individual as a

lecturer in the area of instruction;

3. Monitor the attendance at each approved course and furnish to each enrollee a verification of attendance,

which shall include at least the following information:

i. The title, date and location of program or course offering;

ii. The name and license number of attendee;

iii. The number of hours attended; and

iv. The name and signature of officer or responsible party;

4. Solicit program or course evaluations from both participants and the instructors; and

5. Submit a fee pursuant to N.J.A.C. 13:31Ñ1.11 for each submission of course or program offering(s) for

which Board approval is sought, per triennial period.

(i) Sponsors of continuing education programs or courses shall not:

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

1. Teach the 10 hour course of study on the National Electrical Code set forth in (c) above prior to the January

following the publication of the most recent edition of the National Electrical Code; and

2. Conduct a continuing education course or program with more than 75 participants.

(j) The Board may direct or order a licensee to complete continuing education credits:

1. As part of a disciplinary or remedial measure in addition to the required 34 hours of continuing education

credit; or

2. To correct a deficiency in the licensee’s continuing education requirements.

13:31-1.8 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 dis-

closed 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 of Consumer 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 busi-

ness permit holder.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

SUBCHAPTER 2. LICENSURE AND BUSINESS PERMIT REQUIREMENTS

13:31-2.1 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 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. “Practical

hands-on experience’’ shall not include time spent in supervising, engaging in the practice of engineering,

estimating and performing other managerial tasks. 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 and at least one year of practical hands-on experience 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; or

ii. Satisfied the definition of a qualified journeyman electrician as set forth in N.J.A.C. 13:31Ñ1.2 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.

13:31:1.2 and a certification by an employer regarding the additional year of practical hands-on expe-

rience;

iii. Earned a bachelor’s degree in electrical engineering and completed two years of practical hands-on

experience 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. 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.

13:31-2.2 Examinations

(a) The Board examination shall be the National Electrical Contractor Licensing Examination developed and

administered by Experior Assessment, LLC.

(b) An applicant must obtain a passing grade on the National Electrical Contractor Licensing Examination. Any

applicant who fails to pass the Board examination shall not be eligible to retake the examination for six months

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

from the date of such failure.

nations shall be held at least four times a year. Information about scheduled examinations and deadlines for

submissions of completed applications including appropriate fees may be obtained from the Board offices at

Post Office Box 45006, Newark, New Jersey 07101.

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 penal-

ties set forth in N.J.S.A. 45:1-25 et seq.

ment 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.

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.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

SUBCHAPTER 3. STANDARDS OF PRACTICE

13:31-3.1 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 maintain on file a certificate of insurance evidencing such coverage.

(b) Business permit holders shall ensure that all temporary employees working under the supervision of the permit

holders have obtained the required worker’s compensation coverage.

13:31:3.2 Work standards and inspections

(a) Every licensee who performs or supervises the installation, erection, repair or alteration of electrical equip-

ment 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 ensure that the work performed is in conformity with

the standards of the 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 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.

customer, any Code violation discovered in the work performed or supervised by the licensee.

(d) Failure to comply with (a), (b) or (c) above 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.

13:31-3.3 Pressure seal and signature requirements

(a) At the time of the issuance of the license or as soon thereafter as deemed appropriate, the Board shall furnish

a pressure seal to every licensed electrical contractor. The cost of the pressure seal shall be paid for by the

licensed electrical contractor to whom it is issued. The pressure seal shall be used exclusively by the licensed

electrical contractor in the conduct of his or her practice. The licensed electrical contractor shall be required to

impress the 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 the Board, shall have the right to use the pressure seal. Any violation of this provision shall subject the

person wrongfully using the pressure seal, and the licensee who willfully or negligently allows such unli-

censed and unauthorized person to use said seal 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 45:1-14 et seq.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

licensing fees, or who has registered with the Board as inactive pursuant to N.J.A.C. 13:31-2.4, shall immedi-

ately 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 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. The business entity complies with all the provisions of the Electrical Contractors Licensing Act of 1962

and all regulations adopted thereafter.

(e) During this 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 the person whose name is provided

to the Board pursuant to (d)1 above.

(f) The Board may, for good cause shown, extend by six months the interim period during which electrical con-

tracting may be performed provided that the conditions set forth in (d) above are satisfied.

(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.

13:31-3.4 Supervision of electrical work

(a) The licensee whose license qualifies the holder of a business permit to engage in the business of electrical

contracting in the State of New Jersey shall assume full responsibility for the inspection and supervision of all

electrical work to be performed by the permittee in compliance with recognized safety standards.

(b) The qualifying licensee shall be deemed not to have assumed such required responsibility where he engages in

the following acts and practices:

1. Failure to personally inspect and supervise the work of employees where necessary and appropriate.

2. Failure to ensure that electrical workers are afforded the degree of personal on-site supervision commensu-

rate with their level of competence and the complexity of the work to be performed.

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

4. Regular and continuous absence from the principal office of the permit holder where the permit holder

maintains a New Jersey office; or the regular and continuous absence from the work sites of electrical work

performed in New Jersey where the permit holder does not maintain a New Jersey office.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

13:31-3.5 Joint ventures

(a) Where two or more persons form a joint venture for the purpose of contracting to perform electrical work in

New Jersey, each party to the joint venture shall hold a business permit issued by the Board to engage in

electrical contracting in New Jersey.

(b) The term “persons,” as used in (a) above, is defined to mean individuals, corporations, partnerships or other

business entities.

13:31-3.6 Identification card required

(a) At the time of triennial renewal of the license and/or business permit, the Board 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 45:1-14 et seq. The licensee shall be required to present 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, decep-

tion, misrepresentation or false pretense. Such conduct shall be unlawful and may be grounds for the suspen-

sion 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.

13:31-3.7 Unconscionable pricing

(a) A licensee of the State Board of Examiners of Electrical Contractors shall not charge an excessive fee for

services. A fee is excessive when, after a review of the facts, a licensee of ordinary prudence and familiarity

with local market rates would recognize that the price is so high as to be manifestly unconscionable or over-

reaching under the circumstances. The Board shall consider the following factors in determining whether a fee

is excessive:

1. The time and effort required;

2. The novelty or difficulty of the job;

3. The skill required to perform the job properly;

4. Any special conditions placed upon the performance of the job by the person or entity for which the work

is being performed;

5. The experience, reputation and ability of the licensee to perform the services;

6. The cost of materials; and

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

7. The price customarily charged in the locality for similar services.

(b) It shall constitute occupational misconduct within the meaning of N.J.S.A. 45:1-21(e) to charge an excessive

price for services.

13:31-3.8 Activities requiring licensure and business permit

(a) The following words and terms, when used in this section, shall have the following meaning unless the context

indicates otherwise.

“Service point” means the point of connection between the facilities of the public utility serving a customer

and the premises wiring.

“Premises wiring” means interior and exterior wiring, including power, lighting, control and signal circuit

wiring, together with all of their associated hardware, fittings and wiring devices, both permanently and termporarily

installed, that extends from their service point of utility conductors or source of power such as a battery, a solar

photovoltaic system, or a generator, transformer or converter windings, to the outlets. Premises wiring does not

include wiring internal to appliances, fixtures, motors, controllers, motor control centers, and similar equipment.

(b) Installing, maintaining or servicing wiring for the supplying of power from the service point on a customer’s

premises to an appliance or other equipment used by the customer for the purpose of light, heat or power, shall

be performed only by a licensee holding a business permit, except as provided in N.J.S.A. 45:5A-18 and (c)

below.

premises to an appliance or other equipment used by the customer for the purpose of light, heat or power may

be performed by an employee of a public utility offering services that relate to an end user’s premises wiring

and determined by the Board of Public Utilities to be competitive, provided that the employee has obtained a

license from the Board or is working under the supervision of such a licensee and the utility has obtained a

business permit from the Board pursuant to N.J.S.A. 45:5A-9.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

SUBCHAPTER 4. LICENSURE EXEMPTIONS

13:31-4.1 Limited telecommunications wiring exemption

(a) Pursuant to N.J.S.A. 45:5A-18, the Board may grant an exemption from the license and business permit re-

quirements of N.J.S.A. 45:5A:9(a) to a business engaged in telecommunications wiring.

(b) For purposes of this subsection, “telecommunications wiring” means wiring within a premises, either inside or

outside a building for voice and/or data transmission at voltage(s) compatible with the system being installed

and connected to an FCC recognized communication network at the point of connection provided by the public

utility providing communication services to the customer. It shall also include the interconnection of data

wiring between computers and/or terminals.

1. The full name and address of the applicant together with the nature of the business entity (for example,

corporation, partnership or individual proprietorship) and the names and addresses of the owners, partners

and/or officers of the entity;

2. A certification that the applicant is familiar with and is in full compliance with Part 68 of the Federal

Communications Commission regulations (47 C.F.R. section 68.1 et seq.) concerning installation of tele-

communications wiring and any other applicable Federal regulations;

3. A certification that the applicant is familiar with and will comply with applicable National Electrical Code

requirements, including, but not limited to, Article 800 (communication circuits) and the regulations of the

New Jersey Department of Community Affairs and that the applicant will be responsible for obtaining any

required local permits and inspections for all work;

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 conductors from the service

point to the service disconnecting means), feeder (all circuit conductors between the service equip-

ment, the source of a separately derived system, or other power supply source and the final branch-

circuit overcurrent device), and branch circuit (the circuit conductors between the final overcurrent

device protecting the circuit and the outlets(s)). Wiring between power supplies integral with telecom-

munication equipment and the telecommunication equipment is not intended to be prohibited.

ii. Telecommunications wiring from telecommunications equipment to power operated controlled equip-

ment; or

iii. Installation of work in hazardous/classified areas as defined by Article 500 of the National Electrical

Code. Classified areas are those in which hazardous liquids, vapors, gases, dusts and fiber are nor-

mally present (Division 1 locations) or may be present due to maintenance or equipment malfunction

(Division 2 locations); and

5. A certification that the business shall not subcontract telecommunications wiring work to a person or

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

business entity not having a business permit or a telecommunications wiring exemption issued by the

Board.

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

(e) The Board may require a personal interview with the applicant.

(f) If the applicant meets Board requirements for exemption set forth in this subsection, the Board shall issue a

letter and an identification card designating the business as exempt.

(g) The exempt entity shall notify the Board in writing of any change of address within 10 days of the address

change.

(h) The exempt entity shall notify the Board in writing of any change in name, ownership or form of ownership

within 30 days of such change.

(i) After an opportunity to be heard pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.,

a telecommunications wiring exemption may be revoked on a showing that the exempt entity has engaged

in the unlicensed practice of electrical contracting involving non-exempt electrical work; or that the ex-

empt entity has a history of failure to pass local inspections or to obtain required permits; or for any reason

which may serve as a basis to suspend, revoke or deny a license to engage in electrical contracting as more

particularly set forth in N.J.S.A. 45:1-21 et seq.

(j) Nothing in this section shall preclude a licensed electrical contractor from performing telecommunications

wiring.

13:31-4.2 Limited well drillers or pump installers exemption

(a) Well drillers or pump installers licensed pursuant to N.J.S.A. 58:4A:4.1 et seq., are exempt from the license

and business permit requirements of N.J.S.A. 45:5A-9(a) for work involving the installation, servicing, or

maintenance of well or water pumps.

1. Such work includes any exterior wiring from the well or water pump to the outside of the building and any

interior wiring from the exterior wall terminating at the load side terminals of the pump controller, pressure

switch or disconnecting means for the pump which must be no more than 10 feet from the point where the

exterior wiring enters the building.

2. Nothing in this section shall be deemed to exempt such work from permits and inspections required by the

State Uniform Construction Code Act, P.L. 1975, c.217 (N.J.S.A. 52:27D:119 et seq.) or rules adopted

pursuant thereto.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

DEPT. OF LAW AND PUBLIC SAFETY

UNIFORM REGULATIONS

CHAPTER 45C

UNIFORM REGULATIONS

13:45C-1.1 Applicability, scope and definitions

(a) This subchapter shall apply to all licensees of any board, committee or sub-unit within the Division of Con-

sumer Affairs.

(b) For the purpose of this subchapter, “licensee” shall mean any licensee, permittee, certificate holder or regis-

trant of:

1. The Division of Consumer Affairs;

2. Any professional or occupational licensing board within the Office of Professional/Occupational Boards

and any committee, or other subunit of a Board or committee located within the Division;

3. The Office of Consumer Protection; or

4. The Legalized Games of Chance Control Commission.

13:45C-1.2 Licensee’s duty to cooperate in investigative inquiries

(a) A licensee shall cooperate in any inquiry, inspection or investigation conducted by, or on behalf of, a board, the

Director or the licensee’s licensing agency into a licensee’s conduct, fitness or capacity to engage in a licensed

profession or occupation where said inquiry is intended to evaluate such conduct, fitness or capacity for com-

pliance with applicable statutory or regulatory provisions.

(b) A licensee’s failure to cooperate, absent good cause or bona fide claim of a privilege not identified in N.J.A.C.

13:45C-1.5 as unavailable, may be deemed by the board, the Director, or the licensing agency to constitute

professional or occupational misconduct within the meaning of N.J.S.A. 45:1-21(e) or the agency’s enabling

act and thus subject a licensee to disciplinary action pursuant to N.J.S.A. 45:1-21(h) or the agency’s enabling

act.

13:45C-1.3 Specific conduct deemed failure to cooperate

(a) The following conduct by a licensee may be deemed a failure to cooperate and, therefore, professional or

occupational misconduct and grounds for suspension or revocation of licensure:

1. The failure to timely respond to an inquiry to provide information in response to a complaint received

concerning licensee conduct;

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

2. The failure to timely provide records related to licensee conduct;

3. The failure to attend any scheduled proceeding at which the licensee’s appearance is directed. In the event

that a licensee elects to retain counsel for the purpose of representation in any such proceeding, it shall be

the licensee’s responsibility to do so in a timely fashion. The failure of a licensee to retain counsel, absent

a showing of good cause therefor, shall not cause an adjournment of the proceeding;

4. The failure to timely respond or to provide information requested pursuant to a demand under N.J.S.A.

45:1Ñ18 or other applicable law or to provide access to any premises from which a licensed profession or

occupation is conducted. Included within this paragraph shall be the failure to respond to any demand for

statement or report under oath, the failure to permit the examination of any goods, ware or item used in the

rendition of the professional or occupational service and the failure to grant access to records, books or

other documents utilized in the practice of the occupation or profession;

5. The failure to answer any question pertinent to inquiry made pursuant to N.J.S.A. 45:1-18 or other appli-

cable law unless the response to said question is subject to a bona fide claim of privilege;

6. The failure to make proper and timely response by way of appearance or production of documents to any

subpoena issued pursuant to N.J.S.A. 45:1-18 or as may otherwise be provided by law; or

7. The failure to provide to the Board, the Director or the licensing agency timely notice of any change of

address from that which appears on the licensee’s most recent license renewal or application.

13:45C-1.4 Failure to comply with Board orders as professional or occupational misconduct

The failure of a licensee to comply with an order duly entered and served upon the licensee or of which the

licensee has knowledge shall be deemed professional or occupational misconduct.

13:45C-1.5 Unavailability of privileges in investigative or disciplinary proceedings

(a) In any investigative inquiry conducted pursuant to N.J.S.A. 45:1:18 or in any disciplinary proceeding con-

ducted pursuant to N.J.S.A. 45:1:21, or as may otherwise be authorized by law, the physician-patient privilege,

psychologist-patient privilege, marriage and family therapist-client privilege, professional counselor-client

privilege, associate counselor-client privilege, social worker-client privilege and the alcohol and drug counse-

lor-client privilege shall be unavailable.

(b) Any statements or records otherwise subject to a claim of the stated privileges which may be obtained by the

Board, its agent or the Attorney General pursuant to N.J.S.A. 45:1:18 shall remain confidential and shall not be

disclosed unless so ordered by a court of competent jurisdiction, the appropriate licensing board or the Office

of Administrative Law in a contested case.

13:45C-1.6 Maintenance of and access to statements, records or other information that is subject to a privilege

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS

declared unavailable

(a) Any statements, records or other information which may be subject to any privilege declared unavailable in

this subchapter shall be maintained in a secure place and manner by:

1. The evidence custodian within the Division of Consumer Affairs, Enforcement Bureau;

2. The professional or occupational licensing board and the committee or other subunit of a board or commit-

tee located within the Division which has a direct connection with, or a need for access to, the matter to

which the statements, records or other information pertain; or

3. A Deputy Attorney General.

(b) Except as may be otherwise ordered as provided in the subchapter, access to statements, records or other

information shall be afforded only to employees of the Attorney General, the Enforcement Bureau, or the

Board or other subunit of the Division having a direct connection with, or a need for access to, the matter to

which the statement, records or other information pertain.

investigation remains open or until the completion of all administrative or judicial proceedings relating thereto,

at which time they shall be returned to the licensee or other person from whom they were obtained. In the

absence of such licensee or other person, the statements, records or other information shall be returned to the

patient, where appropriate.

BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS STATUTES AND REGULATIONS