S1702

SENATE, No. 1702

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 25, 1996

By Senators SINAGRA and LYNCH

An Act concerning the regulation of alarm businesses by the Board of Examiners of Electrical Contractors and amending and supplementing P.L.1962, c.162.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) On or before the 365th day following the effective date of this amendatory and supplementary act, any person may apply for registration with the board as an alarm business who:

a. Is a resident of this State or has a place of business in this State;

b. Is at least 18 years of age;

c. Is of good moral character; and

d. Presents the board with satisfactory proof that the person was actively engaged in installing, servicing or maintaining burglar or fire alarms, or both, for at least two years immediately preceding the effective date of this amendatory and supplementary act.

The board shall in each case determine whether the applicant is eligible for registration.

Any person who is so registered shall be known as a "registered alarm business."

2. (New section) Application for a certificate of registration for an alarm business shall be made to the board in the manner and on the forms as the board may prescribe. An application shall include the name, age, residence, present and previous occupations of the applicant, and, in the case of a business firm, the same information for each member, officer or director thereof; and the name of the municipality and the location therein of the principal place of business and the location of each branch office.

3. (New section) The certificate of registration shall be in a form prescribed by the board and shall set forth the alarm business name under which the applicant is to operate, the location of the principal office of the alarm business and the location of each branch office of the alarm business, the issuance and expiration dates of the certificate of registration, and any other information required by the board.

In the event of any change in the address of any branch office or principal office of the business or any change in the information submitted in the application for the certificate of registration, the board shall be notified in writing of the change within 30 days thereafter.

4. (New section) In addition to the duties and powers otherwise prescribed to the board, the board shall:

a. Administer and enforce the provisions of this amendatory and supplementary act;

b. Issue certificates of registration to qualified applicants, which certificates shall be issued for a period of two years and be biennially renewable;

c. Maintain records on all applicants for a certificate of registration;

d. Have the investigative powers and enforcement powers provided pursuant to P.L.1978, c.73 (C.45:1-14 et seq.);

e. Conduct hearings pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.);

f. Establish and revise, pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.), the charges for applications, certificates of registration, renewals of such certificates, and other services performed;

g. Promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this amendatory and supplementary act;

h. Be empowered to do such other things as may be necessary to effectuate the purposes of this amendatory and supplementary act.

5. (New section) a. There is created under the board a New Jersey Alarm Business Advisory Committee, which shall consist of five members appointed by the Director of the Division of Consumer Affairs. Each of these members shall be appointed for a term of three years, provided that of the members of the committee first appointed by the director, one shall serve for a term of one year; two shall serve for terms of two years, and two shall serve for terms of three years. Of these members, one shall be a representative of the National Electrical Contractors Association; one shall be a representative of the New Jersey State Council of Electrical Contractors Associations; one shall be a representative of the New Jersey AFL-CIO-International Brotherhood of Electrical Workers; one shall be a representative of the New Jersey Burglar-Fire Alarm Association; and one shall be an electrical inspector. In the event of death, incapacity, resignation or removal of any member, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment. Each member shall hold office after the expiration of the term until a successor shall be appointed and qualified. The director may remove a member for cause.

b. A majority of the membership of the committee shall constitute a quorum for the transaction of committee business. Action may be taken and motions and resolutions adopted by the committee by the affirmative vote of a majority of the full membership of the committee.

c. The committee shall meet regularly as it may determine, and shall also meet at the call of the chair of the committee, the board, the Director of the Division of Consumer Affairs, or the Attorney General.

d. The committee shall elect a chair from among its members and such other officers as may be necessary. The committee may, within the limits of any funds appropriated or otherwise made available to it for this purpose, appoint such staff or hire such experts as it may require.

e. Members of the committee shall serve without compensation, but the committee may, within the limits of funds appropriated or otherwise made available for such purposes, reimburse its members for necessary expenses incurred in the discharge of their official duties.

f. The Attorney General shall maintain within any public building, whether owned or leased by the State, suitable quarters for the committee's office and meeting place, except that no office or meeting place shall be within premises owned or occupied by an officer or member of the committee.

6. (New section) The committee may review and make recommendations to the board concerning:

a. the regulation and registration of alarm businesses pursuant to sections 1 through 4 of this amendatory and supplementary act;

b. the appropriateness of examining applicants for a license pursuant to P.L.1962, c.162 (C.45:5A-1 et seq.) on the installation, repair and servicing of burglar and fire alarms;

c. any subjects pertinent to this amendatory and supplementary act; and

d. any subjects submitted by the board for review and recommendation.

7. (New section) No licensee, licensed pursuant to P.L.1962, c.162 (C.45:5A-1 et seq.), or electrical contractor shall be subject to the provisions of sections 1 through 4 of this amendatory and supplementary act.

8. Section 17 of P.L.1962, c.162 (C 45:5A-17) is amended to read as follows:

17. (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 or alarm business registered pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to obtain a municipal license or business permit to engage in the alarm business or business of electrical contracting in such municipality.

(b) Any registrant, 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.

(cf: P.L.1962, c.185, s.14)

9. Section 18 of P.L.1962, c.162 (C.45:5A-18) is amended to read as follows:

18. Electrical work or construction which is performed on the following facilities or which is by or for the following agencies or purposes 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 communication 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) Any work performed by an alarm business, which is registered with the board pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), with a potential of not more than 30 volts, involving the installation, servicing, or maintenance of a burglar alarm or a fire alarm, as those terms are defined by section 2 of [this amendatory and supplementary act] P.L.1985, c.289 (C.45:5A-18.1) Nothing herein 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.

(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] P.L.1985, c.289 (C.45:5A-18.1). Nothing in this [act] subsection 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.]

(cf: P.L.1989, c.274, s.1)

10. Section 21 of P.L.1962, c.162 (C.45:5A-21) is amended to read as follows:

21. a. Any person advertising or engaging in the business of electrical contracting without having a business permit from the board is a disorderly person.

b. Any person engaging in, holding himself out as, or advertising as a registered alarm business pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) without a valid certificate of registration is a disorderly person.

(cf: P.L.1990, c.108, s.2)

11. This act shall take effect immediately, except that the amendments to subsection (o) of section 18 of P.L.1962, c.162 (C.45:5A-18) in section 9 of this act shall take effect on the 180th day following enactment.

STATEMENT

This bill provides for the registration and regulation of currently operating alarm businesses by the Board of Examiners of Electrical Contractors. On or after the effective date of the bill, new alarm businesses would be required to be operated by licensed electrical contractors, who by licensure are qualified to do the electrical installations.

The bill establishes the New Jersey Alarm Business Advisory Committee consisting of five members to advise the Board of Examiners of Electrical Contractors on the registration and regulation of alarm businesses and the appropriateness of examining applicants for an electrician's license on the installation, repair and servicing of burglar and fire alarms.

The bill eliminates the board's authority to grant exemptions to "The Electrical Contractors Licensing Act of 1962," thereby allowing the Legislature to grant or deny such exemptions. The bill also prohibits municipalities from requiring alarm businesses to obtain municipal licenses or business permits to engage in the alarm business.

Provides for regulation of alarm businesses by the Board of Examiners of Electrical Contractors.