Rule Proposal

VOLUME 48, ISSUE 20
ISSUE DATE: OCTOBER 17, 2016
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS

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

Proposed Repeals and New Rules: N.J.A.C. 13:31A-1.5, 1.6, and 1.7

Proposed New Rules: N.J.A.C. 13:31A-2.10 and 3.10

Click here to view Interested Persons Statement

Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee Rules
 
Authorized By: Board of Examiners of Electrical Contractors, Philameana Tucker, Executive Director.
 
Authority: N.J.S.A. 45:5A-24 and 45:5A-38.
 
Calendar Reference: See Summary below for explanation of exception to the calendar requirement.
 
Proposal Number: PRN 2016-169.
 
Submit written comments by December 16, 2016, to:
 
   Philameana Tucker, Executive Director
   Board of Examiners of Electrical Contractors
   124 Halsey Street
   PO Box 45006
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
 
The agency proposal follows:

Summary

The Board of Examiners of Electrical Contractors (the Board), in consultation with the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee (the Committee), is proposing to readopt N.J.A.C. 13:31A with amendments, repeals, and new rules. The rules in this chapter are scheduled to expire on September 10, 2016, pursuant to N.J.S.A. 52:14B-5.1 and P.L. 2011, c. 45 (N.J.S.A. 52:14B-5.1). Because this notice of readoption has been filed prior to September 10, [page=2093] 2016, the expiration date of the rules in Chapter 31A is extended by 180 days, to March 9, 2017, pursuant to N.J.S.A. 52:14B-5.1.c(2).

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

The following is a summary of the existing rules of Chapter 31A, which the Committee proposes to readopt with amendments, repeals, and new rules.

Subchapter 1 sets forth rules of general applicability. N.J.A.C. 13:31A-1.1 identifies the purpose and scope of the rules. On November 9, 2015, P.L. 2015, c. 154, which amended N.J.S.A. 45:5A-28, became effective. The law provides that an alarm business licensed pursuant to N.J.S.A. 45:5A-23 et seq., does not need to obtain a license to engage in the practice of locksmithing when its activities are performed in combination with the installation, maintenance, moving, repairing, replacing, servicing, or reconfiguration of an alarm system and limited to locks or access control devices that are controlled by an alarm system control device, including the removal of existing hardware. The Committee proposes to amend N.J.A.C. 13:31A-1.1(c)5 to add this new statutory exemption.

N.J.A.C. 13:31A-1.2 contains definitions of relevant terms and phrases used throughout the chapter. The Committee proposes to amend the definition of "employee" to eliminate any confusion between the practice of hiring sub-contractors whose income is reported to the Internal Revenue Service (IRS) on a Form 1099 and employees whose income is reported to the IRS on a Form W-2.

N.J.A.C. 13:31A-1.3, which identifies the location of the Committee's office and provides the Committee's mailing address, is proposed to be readopted without change.

N.J.A.C. 13:31A-1.4 sets forth the schedule of fees that will be charged to applicants for licensure and to burglar alarm, fire alarm, and locksmith licensees and business firms, as well as the fees to be charged for continuing education sponsor approval and employee identification cards. The Committee is proposing to amend the fee schedule to include a $ 25.00 fee for replacement of license/business license. This fee is consistent with the fee charged for replacement licenses by other professional and occupational boards within the Division of Consumer Affairs. In addition, the Committee is proposing to add a $ 40.00 temporary courtesy license fee and a $ 40.00 renewal temporary courtesy license fee as provided for in P.L. 2013, c. 264 (N.J.S.A. 45:1-15.5), which is discussed below. All other fees currently set forth in N.J.A.C. 13:31A-1.4 are proposed to be readopted without change.

To implement P.L. 2013, c. 182 (N.J.S.A. 45:1-7.1 and 7.4), which revises the law concerning professional and occupational licenses, the Committee proposes to repeal existing N.J.A.C. 13:31A-1.5, 1.6, and 1.7 and replace these sections with new N.J.A.C. 13:31A-1.5, 1.6, and 1.7. P.L. 2013, c. 182, which became effective on July 1, 2014, modifies the reinstatement and reactivation requirements for professional or occupational licensees, registrants, and certificants.

Proposed new N.J.A.C. 13:31A-1.5 sets forth the requirements for licensure renewal. In accordance with N.J.S.A. 45:1-7.1, the Committee proposes including in subsection (a), the requirement that the notice of renewal inform licensees that they have the option to renew as inactive.

Proposed new N.J.A.C. 13:31A-1.6, implementing P.L. 2013, c. 182, sets forth the requirements for reactivating an inactive license. Proposed subsection (a) lists the documentation that a licensee who has placed his or her license on inactive status must provide to the Committee when applying for reactivation of his or her license. Paragraph (a)4 provides that applicants who hold a valid current license to engage in the burglar alarm business, the fire alarm business, or the provision of locksmithing services, as applicable, in another state while holding an inactive State license and meet the other state's continuing education requirements will be deemed to have satisfied the Committee's continuing education requirements. The rule also provides that if the Committee requires specific continuing education courses, those courses can be completed within 12 months following reactivation, unless the Committee determines that there are practice deficiencies requiring remediation as set forth in subsection (b) of the rule. Proposed subsection (b) sets forth the criteria that the Committee shall consider when reviewing an application to determine practice deficiencies, and grants the Committee discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reactivation.

Proposed new N.J.A.C. 13:31A-1.7 similarly sets forth the requirements for reinstating an administratively suspended license. Proposed subsection (a) lists the documentation that a licensee whose license has been administratively suspended must provide to the Board in order to apply for reinstatement of his or her license. Proposed subsection (b) sets forth the criteria that the Committee must consider when reviewing an application to determine practice deficiencies, and grants the Committee discretion to require any applicant found to have practice deficiencies to successfully complete an examination, additional education, training, supervision, or other requirements as a condition of reinstatement.

N.J.A.C. 13:31A-1.8, which requires a licensee to notify the Committee in writing of any change of address, and N.J.A.C. 13:31A-1.9, which sets forth the grounds upon which the Committee may deny an applicant admittance to a license examination, or may deny, refuse to renew, temporarily suspend, or revoke a license or issue a civil penalty, are proposed to be readopted without change. The Committee is also proposing N.J.A.C. 13:31A-1.10, which sets forth the qualifications for licensure for applicants licensed in other states, N.J.A.C. 13:31A-1.11, which sets forth requirements for obtaining a waiver or release from the express requirements of the rules in Chapter 31A, N.J.A.C. 13:31A-1.12, which sets forth continuing education requirements for licensees, N.J.A.C. 13:31A-1.13, which sets forth the requirements and the manner in which licensees must identify themselves while advertising their professional services, and N.J.A.C. 13:31A-1.14, which sets forth standards of practice for burglar alarm, fire alarm, and locksmithing licensees and businesses, be readopted without change.

The Committee proposes to amend N.J.A.C. 13:31A-1.15, which delineates prohibited acts and practices, to clarify that licensees are not deemed to engage in professional misconduct when they connect to or disconnect from a branch circuit that was previously installed by a licensed electrical contractor.

N.J.A.C. 13:31A-1.16, which sets forth the requirements when there is a change in the business qualifier, is proposed for readoption without change.

Subchapter 2 sets forth the rules applicable to the licensing and regulation of locksmiths and locksmith businesses. N.J.A.C. 13:31A-2.1 sets forth the requirements for applicants seeking initial licensure as locksmiths. Consistent with N.J.A.C. 13:31A-3.1(a)7, the Committee proposes to amend N.J.A.C. 13:31A-2.1(a)6i to specify that "practical hands-on experience" does not include time spent supervising, engaging in the practice of engineering, estimating, and performing other managerial tasks relevant to the provision of locksmithing services.

N.J.A.C. 13:31A-2.2, which is currently reserved, N.J.A.C. 13:31A-2.3, which concerns the locksmith examination, N.J.A.C. 13:31A-2.4, which concerns credit towards locksmith licensure for education, training, and experience received while serving as a member of the Armed Forces, are proposed to be readopted without change.

The Committee proposes to amend N.J.A.C. 13:31A-2.5, which establishes application requirements for individuals and business firms seeking initial locksmith licensure, to reference the new process for a nonresident military spouse to apply for a temporary courtesy license as set forth in proposed N.J.A.C. 13:31A-2.10.

The Committee proposes an amendment to N.J.A.C. 13:31A-2.6, which sets forth the obligations of the business license holder, to correct the wording in paragraph (a)3 from "response" to "respond."

N.J.A.C. 13:31A-2.7 establishes requirements for locksmith employees. Consistent with the proposed amendments to N.J.A.C. 13:31A-2.1(a)6 and existing N.J.A.C. 13:31A-3.1(a)7, the Committee proposes to amend paragraph (b)1 to specify that "practical hands-on experience" does not include time spent supervising, engaging in the practice of engineering, estimating, and performing other managerial tasks relevant to the provision of locksmithing services. In addition, the [page=2094] Committee proposes to delete subsection (c) because the date has passed.

N.J.A.C. 13:31A-2.8, which sets forth general supervision requirements for locksmith employees, and N.J.A.C. 13:31A-2.9, which provides that all licensed locksmiths, employees, and other persons engaged in the provision of locksmithing services must display a Committee-issued identification card while performing their work, are proposed to be readopted without change.

P.L. 2013, c. 264 (N.J.S.A. 45:1-15.5) establishes a procedure by which the spouse of an active duty member of the Armed Forces of the United States stationed in New Jersey (nonresident military spouse), who is licensed or registered in another jurisdiction, may lawfully practice his or her occupation in New Jersey. The law provides that licensure may be obtained pursuant to an application for reciprocity or an application for a temporary courtesy license. Pursuant to P.L. 2013, c. 182, the Board and Committee are exempt from licensing by reciprocity. Accordingly, the Committee proposes to amend its rules and promulgate new rules, so that a nonresident military spouse may obtain a temporary courtesy license to engage in the provision of locksmithing services or to engage in the burglar alarm or fire alarm business.

Proposed new N.J.A.C. 13:31A-2.10(b) sets forth the procedures for locksmith applicants meeting the definition of nonresident military spouse to follow, if applying for a temporary courtesy license. Proposed new N.J.A.C. 13:31A-2.10 would require an applicant seeking a temporary courtesy license to engage in the provision of locksmithing services to be the spouse of an active duty member of the Armed Forces who has been transferred to New Jersey, is legally domiciled in the State, or who has moved to the State on a permanent change-of-station basis. The applicant must hold a license, registration, or certification in good standing from a jurisdiction whose requirements for licensure, registration, or certification are equivalent to the Committee's licensure standards. The applicant must have been engaged in the active provision of locksmithing services for at least two of the last five years. The Committee may require an applicant who has not been engaged in the active provision of locksmithing services in the two years immediately preceding his or her application to the Committee to undergo additional training, testing, mentoring, monitoring, or education that the Committee deems necessary to ensure competency.

To be eligible for the temporary license, the applicant cannot have been disciplined, or be the subject of an investigation of an unresolved complaint, or review or disciplinary proceeding conducted by or before a professional or occupational licensing or credentialing entity in another jurisdiction. Additionally, an applicant may not have committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of a license or registration in New Jersey.

An applicant would be required to submit an application accompanied by an application fee and a temporary courtesy license or registration fee. The applicant would also be required to submit verification of licensure or registration from a jurisdiction in which he or she is currently licensed or registered, and proof that the applicant has satisfied any continuing education requirements in the jurisdiction that issued the license or registration that forms the basis for the applicant's application. The Committee may require the applicant to complete continuing education credits. The applicant would be required to inform the Committee of all jurisdictions in which the applicant is currently licensed, registered, or certified or has been licensed, registered, or certified. The Committee will also require the applicant to complete, within three years immediately preceding the date of application, two hours of training in the Barrier Free Subcode, two hours of training in the New Jersey Uniform Construction Code, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act, two hours of training in industrial safety, and two hours of training in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services.

Subsections (d) and (e) provide that a temporary courtesy license would be valid for one year and may be renewed for an additional year upon application to the Committee. Subsection (f) provides that the holder of a temporary courtesy license would be entitled to the same rights and be subject to the same obligations as New Jersey resident licensees, except that the revocation or suspension of a nonresident military spouse's license, registration, or certificate in his or her state of residence or any jurisdiction in which the nonresident military spouse held licensure, registration, or certification would automatically cause the same revocation or suspension of the individual's temporary courtesy license in New Jersey, if the revocation or suspension was based on a charge or commission of a criminal offense, competency, or harmful or inappropriate behavior.

Subchapter 3 sets forth the rules applicable to the licensing and regulation of individuals and business entities engaged in the burglar alarm and/or fire alarm business. N.J.A.C. 13:31A-3.1 sets forth the requirements for applicants seeking initial licensure as burglar alarm and fire alarm installers. Consistent with the requirements for all applicants for licensure, the Committee proposes to amend subparagraphs (a)7ii and iii to specify that applicants for a license to engage in the alarm business must complete, within three years immediately preceding the date of application, two hours of training in the Barrier Free Subcode, two hours of training in the New Jersey Uniform Construction Code, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act, two hours of training in industrial safety, and two hours of training in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services.

N.J.A.C. 13:31A-3.2, which sets forth requirements concerning the burglar alarm or fire alarm examination, and N.J.A.C. 13:31A-3.3, which is currently reserved, are proposed for readoption without change.

The Committee proposes to amend the heading of N.J.A.C. 13:31A-3.4 to correct the wording from "for" to "or." The Committee proposes to also amend N.J.A.C. 13:31A-3.4, which sets forth application requirements for individuals and business firms seeking licensure to engage in the alarm business, to reference the new process for a nonresident military spouse to apply for a temporary courtesy license as set forth in proposed N.J.A.C. 13:31A-3.10.

N.J.A.C. 13:31A-3.5, which sets forth the obligations of alarm business license holders, is proposed to be readopted without change.

The Committee proposes to amend N.J.A.C. 13:31A-3.6, which establishes requirements for alarm business employees, to delete subsection (c) because the date has passed. N.J.A.C. 13:31A-3.7, which establishes supervision requirements for such employees, N.J.A.C. 13:31A-3.8, which provides that all burglar alarm and fire alarm licensees and their employees must display a Committee-issued identification card while performing their work, and N.J.A.C. 13:31A-3.9, which provides for credit towards burglar alarm or fire alarm licensure for education, training, and experience received while serving as a member of the Armed Forces, are proposed to be readopted without change.

Proposed new N.J.A.C. 13:31A-3.10 sets forth the procedures for applicants for a license to engage in the burglar alarm or fire alarm business who meet the definition of nonresident military spouse to follow if applying for a temporary courtesy license. Proposed new N.J.A.C. 13:31A-3.10(b) would require an applicant seeking a temporary courtesy license to engage in the burglar alarm or fire alarm business to be the spouse of an active duty member of the Armed Forces who has been transferred to New Jersey, is legally domiciled in the State, or who has moved to the State on a permanent change-of-station basis. The applicant must hold a license, registration, or certification in good standing from a jurisdiction whose requirements for licensure, registration, or certification are equivalent to the Committee's licensure standards. The applicant must have been actively engaged in the burglar alarm or fire alarm business for at least two of the last five years. The Committee may require an applicant who has not been actively engaged in the burglar alarm or fire alarm business in the two years immediately preceding his or her application to the Committee to undergo additional training, testing, mentoring, monitoring, or education that the Committee deems necessary to ensure competency.

To be eligible for the temporary license, the applicant cannot have been disciplined, or be the subject of an investigation of an unresolved complaint, or review or disciplinary proceeding conducted by or before a professional or occupational licensing or credentialing entity in another jurisdiction. Additionally, an applicant may not have committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of a license or registration in New Jersey.

[page=2095] An applicant would be required to submit an application accompanied by an application fee and a temporary courtesy license or registration fee. The applicant would also be required to submit verification of licensure or registration from a jurisdiction in which he or she is currently licensed or registered, and proof that the applicant has satisfied any continuing education requirements in the jurisdiction that issued the license or registration that forms the basis for the applicant's application. The Committee may require the applicant to complete continuing education credits. The applicant would be required to inform the Committee of all jurisdictions in which the applicant is currently licensed, registered, or certified or has been licensed, registered, or certified. The Committee will also require the applicant to complete, within three years immediately preceding the date of application, two hours of training in the Barrier Free Subcode, two hours of training in the New Jersey Uniform Construction Code, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act, two hours of training in industrial safety, and two hours of training in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services.

Subsections (d) and (e) provide that a temporary courtesy license would be valid for one year and may be renewed for an additional year upon application to the Committee. Subsection (f) provides that the holder of a temporary courtesy license would be entitled to the same rights and be subject to the same obligations as New Jersey resident licensees, except that the revocation or suspension of a nonresident military spouse's license, registration, or certificate in his or her state of residence or any jurisdiction in which the nonresident military spouse held licensure, registration, or certification would automatically cause the same revocation or suspension of the individual's temporary courtesy license in New Jersey, if the revocation or suspension was based on a charge or commission of a criminal offense, competency, or harmful or inappropriate behavior.

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

Social Impact

The Committee believes that the rules proposed for readoption with amendments, repeals, and new rules will have a positive impact upon members of the regulated community and will help to protect the health, safety, and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to provide burglar alarm, fire alarm, and locksmithing services. These rules establish the requisite standards of licensure in the State and positively affect the regulated community by clarifying the varied aspects of the alarm and locksmithing businesses for the benefit of all burglar alarm and fire alarm installers and locksmiths, and the business firms that provide such services. The readoption of N.J.A.C. 13:31A is essential for the Committee to continue to regulate the provision of burglar alarm, fire alarm, and locksmithing services, to identify those individuals who are qualified to engage in the practice, and to ensure that every licensee, business permit holder, and applicant for licensure and/or business permit is aware of the procedures involved in the issuance of a license and/or business permit.

The proposed readoption of the rules in N.J.A.C. 13:31A with amendments, repeals, and new rules continues the accepted practice standards for burglar alarm, fire alarm, and locksmith licensees and alarm and locksmithing businesses established by the Committee, and by so doing, provides licensees and applicants for licensure with a clear and comprehensive set of rules to guide them in their professional work. Applicants for licensure will benefit by having a set of rules that govern the manner in which they may qualify for licensure. The Committee also believes that licensees will benefit from the rules proposed for readoption with amendments, repeals, and new rules as a result of the uniform standards that will be applied throughout the burglar alarm, fire alarm, and locksmithing fields.
The Committee has determined that proposed new N.J.A.C. 13:31A-1.5, 1.6, and 1.7 implementing P.L. 2013, c. 182, will make it easier for licensees to resume, after a period of inactivation or administrative suspension, engaging in the provision of burglar alarm, fire alarm, and locksmithing services within the State. The new rules allow licensees to submit proof of compliance with another state's continuing education requirements and provide them with up to 12 months from the date of reactivation or reinstatement, as applicable, to take specific continuing education courses required by the Committee. In addition, N.J.A.C. 13:31A-1.7 no longer mandates retaking the licensing examination if the period of administrative suspension is for more than five years, but provides the Committee the flexibility to determine if remediation is necessary to continue to ensure the safety and welfare of the public.

In addition, the Committee has determined that proposed new N.J.A.C. 13:31A-2.10 and 3.10 may help nonresident military spouses of active service members who have been transferred to New Jersey to lawfully practice their occupations sooner. This procedure would create an efficient process for temporarily licensing nonresident military spouses who are already licensed, registered, or certified in another jurisdiction, benefitting military families as noted in the Economic Impact statement. Prospective employers may also benefit from the increased pool of qualified potential employees. The Committee anticipates that the proposed new rules would have no adverse effect on public health, safety, or welfare.

The Committee believes that the rules proposed for readoption with amendments, repeals, and new rules will have a positive impact upon the general public by continuing to safeguard the public health and safety by ensuring the maintenance of appropriate practice standards, which will enable licensees to provide the highest quality service.

Economic Impact

The Committee anticipates that the rules proposed for readoption with amendments, repeals, and new rules will not impose any new significant costs upon applicants for licensure, licensees, business permit holders, or consumers. The proposed readoption of the existing rules will continue the economic impact that the rules have had on such persons for the past seven years.

Specifically, Subchapter 1 will continue to impose costs upon licensees and business permit holders to the extent that they will be required to remit the fees set forth in the fee schedule at N.J.A.C. 13:31A-1.4. In addition, the proposed amendment to N.J.A.C. 13:31A-1.4(a), concerning the replacement of license/business permit fee, will have an economic impact upon licensees and business permit holders who now will be required to pay the $ 25.00 fee for this Committee service. The proposed amendment at N.J.A.C. 13:31A-1.4(a), concerning the temporary courtesy license and renewal fee will have an economic impact on individuals who seek a temporary courtesy license in that they will bear the costs of submitting an application for the temporary license and application fees. However, these applicants may benefit economically to the extent that this procedure saves them time in achieving licensure. Obtaining licensure may translate into landing higher paying jobs more quickly, which, in turn, may economically benefit the State through increased tax revenues and decreased unemployment.

The proposed readoption with repeals and new rules of the license renewal requirements set forth in N.J.A.C. 13:31A-1.5 may continue to have an economic impact upon licensees to the extent that licensees who fail to comply with the renewal requirements set forth in the rule will be required to remit a late fee.

The Committee believes that the proposed readoption with repeals and new rules set forth at N.J.A.C. 13:31A-1.6 and 1.7 may have a positive economic impact upon licensees seeking to reactivate or reinstate their license. Accepting continuing education requirements of another state may save licensees the costs associated with completing the Committee's continuing education requirements. New N.J.A.C. 13:31A-1.7 may also have a positive economic impact upon licensees seeking reinstatement because, in accordance with P.L. 2013, c. 182, they are no longer required to pay all past delinquent renewal fees but only the one for the triennial period immediately preceding the renewal period for which reinstatement is sought. Proposed N.J.A.C. 13:31A-1.6 and 1.7 may have a negative economic impact upon licensees seeking reactivation or reinstatement of their license to the extent the Committee deems them in need of remediation and they are required to pass an examination or complete additional education or training.

[page=2096] The proposed readoption of N.J.A.C. 13:31A-1.8 may also continue to have an economic impact upon licensees to the extent that licensees incur costs associated with submitting the required documentation and/or fees associated with change of name or address.

The proposed readoption of N.J.A.C. 13:31A-1.10 may continue to have an economic impact upon applicants for licensure who are licensed in another state. Such applicants may incur costs associated with submitting the required documentation, including license verifications, and in taking the required training courses and the applicable licensing examination. In addition, such applicants may incur costs associated with submitting their fingerprints for the required criminal history records check.

The proposed readoption of the continuing education requirements set forth in N.J.A.C. 13:31A-1.12 will continue to have an economic impact upon licensees to the extent that licensees must satisfy continuing education requirements during each triennial renewal period. Licensees may also incur costs associated with maintaining continuing education documentation for the six years required under the rule. The proposed readoption of N.J.A.C. 13:31A-1.13 may have an economic impact upon licensees to the extent that all advertisements must comply with the requirements set forth in the rule, including the requirement that licensees retain copies of printed advertisements for at least three years from the date of initial publication.

To the extent the proposed readoption with amendments of N.J.A.C. 13:31A-1.15 clarifies that licensees are allowed to connect to or disconnect from a branch circuit that was previously installed by a licensed electrical contractor, there may be a positive economic impact on licensees who perform such work.

The rules in Subchapters 2 and 3 will continue to have an economic impact upon applicants for licensure as locksmiths or alarm installers to the extent that applicants may incur costs associated with obtaining the required education and training, passing their respective licensing examinations, and in submitting the required documentation to substantiate satisfaction of these requirements as set forth in the proposed readoption with amendments of N.J.A.C. 13:31A-2.1 and 3.1, and the proposed readoption of N.J.A.C. 13:31A-2.3 and 3.2.

The proposed readoption of N.J.A.C. 13:31A-2.4 and 3.9 may continue to have a positive economic impact on New Jersey veterans. Crediting substantially equivalent education received in the military towards the requirements for licensure may save veterans tuition costs for duplicative education; and crediting substantially equivalent training and experience may save veterans time in achieving licensure. Obtaining licensure may translate into landing higher paying jobs more quickly, which, in turn, may economically benefit the State through increased tax revenues and decreased unemployment.

The proposed readoption with amendments of N.J.A.C. 13:31A-2.5 and 3.4 may continue to have an economic impact upon individuals and business firms applying for licensure to the extent that they may incur costs associated with submitting certain documentation to the Committee, including submitting to a criminal history records check.

The proposed readoption of N.J.A.C. 13:31A-2.6 and 3.5 may continue to have an economic impact upon locksmith and alarm business license holders to the extent that they may incur costs associated with maintaining a business office in the State and in complying with the general liability insurance and surety bond requirements set forth in the rules. The proposed readoption of N.J.A.C. 13:31A-2.7 and 3.6 with amendments may continue to have an economic impact upon employees of licensees to the extent that they may incur costs associated with satisfying the competency requirements set forth in the rules.

The Committee believes that any economic impact that may be borne by applicants for licensure and licensees as a result of the rules proposed for readoption with amendments, repeals, and new rules is outweighed by the need to protect the health, safety, and welfare of consumers seeking burglar alarm, fire alarm and locksmith services in the State.
 
Federal Standards Statement

A Federal standards analysis is not required because the rules in N.J.A.C. 13:31A are governed by N.J.S.A. 45:5A-1 et seq., and, therefore, are not subject to any Federal standards or requirements. Although the rules in N.J.A.C. 13:31A are not subject to any Federal requirements or standards, where deemed appropriate, the Committee has voluntarily required licensees and business license holders to comply with applicable Federal laws and regulations. Specifically, N.J.A.C. 13:31A-1.12 requires all burglar alarm, fire alarm, and locksmith licensees to take two credits of continuing education per triennial renewal period in a course that covers the Americans with Disabilities Act code, set forth at 36 CFR 1191. Persons employed by licensees to perform unsupervised work must also submit evidence of having completed instruction in the Americans with Disabilities Act code, pursuant to N.J.A.C. 13:31A-2.7 and 3.6. In addition, applicants for licensure as burglar alarm or fire alarm installers and locksmiths are required to complete two hours of training in the Americans with Disabilities Act code, pursuant to N.J.A.C. 13:31A-1.10, 2.1, and 3.1.

Licensees are required to comply with all applicable Federal laws and regulations when engaging in the burglar alarm or fire alarm business or in the provision of locksmithing services, pursuant to N.J.A.C. 13:31A-1.14, and when supervising the work of their employees, pursuant to N.J.A.C. 13:31A-2.8 and 3.7. The Committee also notes that applicants for locksmith licensure seeking to satisfy the experience requirement set forth at N.J.A.C. 13:31A-2.1 may enroll in an apprenticeship program approved by the Bureau of Apprenticeship and Training of the United States Department of Labor.
 
Jobs Impact

The Committee does not anticipate that the rules proposed for readoption with amendments, repeals, and new rules will result in an increase or decrease in the number of jobs in the State.
 
Agriculture Industry Impact

The Committee does not anticipate that the rules proposed for readoption with amendments, repeals, and new rules will have any impact on the agriculture industry in the State.
 

Regulatory Flexibility Analysis

Currently, the Committee has approximately 2,590 licensed burglar alarm and fire alarm installers and locksmiths, and 805 licensed alarm and locksmithing businesses. If Committee licensees are considered "small businesses," within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.

The rules proposed for readoption with amendments, repeals, and new rules will impose various reporting, recordkeeping, and compliance requirements upon members of the regulated community. All licensees must comply with the requirements for license renewal set forth in N.J.A.C. 13:31A-1.5. N.J.A.C. 13:31A-1.6, 1.7, and 1.8 also impose compliance requirements upon licensees with respect to how a licensee reactivates an inactivate license, reinstates an administratively suspended license, and changes an address on file with the Committee. N.J.A.C. 13:31A-1.9 imposes compliance requirements upon licensees and applicants for licensure to the extent that conduct outlined in the rule may result in the suspension, revocation, or refusal to issue or renew a license. N.J.A.C. 13:31A-1.10 requires applicants licensed in other states who seek a New Jersey license to submit appropriate documentation, complete training in the courses set forth in the rule within three years immediately preceding the date of application, take the licensing examination prior to being granted a license in New Jersey, and to undergo a criminal history records check. N.J.A.C. 13:31A-1.11 requires applicants requesting a waiver of any of the Committee's rules to submit the request in writing.

N.J.A.C. 13:31A-1.12 continues to require burglar alarm, fire alarm, and locksmith licensees to satisfy the continuing education requirements during each triennial registration period. Licensees must keep documentation relating to the completion of such credits for six years. N.J.A.C. 13:31A-1.13 imposes requirements upon licensees with respect to the advertising of their professional services, including the requirement that licensees retain copies of printed advertisements for at least three years from the date of initial publication.

N.J.A.C. 13:31A-1.14 and 1.15 impose compliance requirements upon licensees to the extent that the rules require licensees to adhere to specified standards of practice and prohibit them from engaging in certain activities. N.J.A.C. 13:31A-1.16 imposes compliance [page=2097] requirements upon licensees and business license holders when there are changes to the business qualifier.

The rules in Subchapters 2 and 3 impose various compliance requirements upon applicants for licensure, licensees, and business license holders engaged in the provision of locksmithing services or in the alarm business. N.J.A.C. 13:31A-2.1 and 3.1 require applicants seeking licensure as locksmiths or alarm installers to be at least 18 years of age and of good moral character, to not have been convicted of certain crimes, and to have completed certain minimum technical training. Applicants must also hold a high school diploma or equivalency certificate, pass the licensing examination, and have experience in the locksmith, burglar alarm, or fire alarm business.

N.J.A.C. 13:31A-2.3 and 3.2 require all applicants for licensure to obtain a passing score on the locksmith and alarm examinations. N.J.A.C. 13:31A-2.5 and 3.4 require all individual and business firm applicants for a locksmith or alarm license to submit applications that contain certain, minimum information. An applicant for an individual license must submit a photograph, his or her fingerprints, a copy of his or her high school diploma or equivalency certificate, and an affidavit from his or her previous employer. A business firm must submit the fingerprints of the business qualifier and each member, officer or director of the firm, and evidence of general liability insurance or a surety bond.

N.J.A.C. 13:31A-2.6 and 3.5 require locksmith and alarm business license holders to maintain at least one business office within the State or file with the Committee a power of attorney constituting the Committee as the agent of the business. The business license holder must mark the outside of each installation and service vehicle to be used in conjunction with the business with certain information set out in the rule. The business license holder must also retain, and maintain during the term of the license, general liability insurance in the amount of $ 500,000 for a locksmithing business, and $ 1,000,000 for an alarm business, and insurance coverage or a surety bond in favor of the State of New Jersey in the sum of $ 10,000. Business license holders must also maintain an emergency service number attended to on a 24-hour basis. A business license holder is required to notify the Committee in writing within 30 days of employing a person and must provide a photograph of the employee, the employee's fingerprints, and evidence of the employee's practical experience and professional competence if the employee is to work without direct supervision. N.J.A.C. 13:31A-2.7 and 3.6 require employees of locksmith and alarm businesses to be of good moral character and to have specified experience and training if they are to perform work while unsupervised. N.J.A.C. 13:31A-2.8 and 3.7 require the business qualifier for a locksmith or alarm business to provide appropriate supervision for the business firm's employees. N.J.A.C. 13:31A-2.9 and 3.8 require all locksmith and alarm licensees, as well as all employees of a business firm engaging in the locksmithing or alarm business, to carry an identification card while performing their work. The card must include the name, photograph, date of birth, and signature of the person to whom it was issued and the business name, business address, and license number of the business license holder. The card must be renewed every three years.

A regulatory flexibility analysis is not required for proposed new N.J.A.C. 13:31A-2.10 and 3.10 because these proposed new rules apply only to applicants for licensure who are not considered small businesses in this State because they do not yet have a license to actively engage in the alarm business or the provision of locksmithing services.

No additional professional services will be needed to comply with the rules proposed for readoption with amendments and new rules. The costs that may be incurred in complying with the rules proposed for readoption with amendments, and new rules are discussed in the Economic Impact statement above. The Committee believes that the rules proposed for readoption and the proposed amendments and new rules should be uniformly applied to all licensees in order to ensure the health, safety, and welfare of the general public in the provision of burglar alarm, fire alarm, and locksmithing services and, therefore, no differing compliance requirements for any licensees are provided based upon the size of the business.
 
Housing Affordability Impact Analysis

The rules proposed for readoption with amendments, repeals, and new rules will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules concern the provision of fire alarm, burglar alarm, and locksmith services.
 
Smart Growth Development Impact Analysis

The rules proposed for readoption with amendments, repeals, and new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the rules concern the provision of fire alarm, burglar alarm, and locksmith services.
 
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:31A.
 
Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:31A-1.5, 1.6, and 1.7.
 
Full text of the proposed amendments and new rules follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1. GENERAL PROVISIONS
 
13:31A-1.1   Purpose and scope

(a)-(b) (No change.)
 
(c) The provisions of this chapter shall not apply to:
 
1.-4. (No change.)
 
5. The following individuals when engaged in the provisions of locksmithing services, as set forth in N.J.S.A. 45:5A-28[;]:
 
i.-iii. (No change.)
 
iv. A member of a trade union hired to install any mechanical locking device as part of a new building construction or renovation project; [and]
 
v. A person using any key duplication machine or key blanks, except for keys marked "do not duplicate," "master key" or any other words or terms which depict restricted duplication of keys; and
 
vi. An alarm business that is licensed pursuant to N.J.S.A. 45:5A-23 et seq., whose activities are performed in combination with the installation, maintenance, moving, repairing, replacing, servicing, or reconfiguration of an alarm system and limited to locks or access control devices that are controlled by an alarm system control device, including the removal of existing hardware;
 
6.-8. (No change.)
 
(d)-(e) (No change.) 

13:31A-1.2   Definitions
 
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
 
...
 
"Employee" means any person engaged in the burglar alarm business, fire alarm business, or the provision of locksmithing services who performs installation, servicing or maintenance of burglar alarms or fire alarms, or who performs locksmithing services for the business qualifier, other than an independent contractor, andwhose remuneration is reported on Form W-2 to the Internal Revenue Service.
 
...
 
13:31A-1.4   Fees
 
(a) The following fees shall be charged by the Committee:
 
1.-14. (No change.)

13:31A-1.5        Renewal
 
(a) The Committee shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. The notice of [page=2098] renewal shall explain inactive renewal and advise the licensee of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the license is renewed within 60 days from the date the notice is sent or within 30 days following the date of license expiration, whichever is later.
 
(b) A licensee shall renew his or her license for a period of three years from the last expiration date. The licensee shall submit a renewal application to the Committee, along with the renewal fee set forth in N.J.A.C. 13:31A-1.4, prior to the date of license expiration.
 
(c) A licensee may 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 burglar alarm business, the fire alarm business, or the provision of locksmithing services, as applicable, or hold himself or herself out as eligible to engage in the burglar alarm business, the fire alarm business, or the provision of locksmithing services, as applicable, in New Jersey until such time as the license is returned to active status.
 
(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a renewal fee, and a late fee as set forth in N.J.A.C. 13:31A-1.4. During this 30-day period, the license shall be valid and the licensee shall not be deemed practicing without a license.
 
(e) 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.
 
(f) A licensee who continues to engage in the burglar alarm business, the fire alarm business, or the provision of locksmithing services, as applicable, with a suspended license shall be deemed to be engaging in unauthorized practice and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.
 
13:31A-1.6        License reactivation
 
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:31A-1.5(c) may apply to the Committee for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit:
 
1. A renewal application;
 
2. A certification of employment listing each job held during the period the license was inactive, which includes the name, address, and telephone number of each employer;
 
3. The renewal fee for the triennial period for which reactivation is sought as set forth in N.J.A.C. 13:31A-1.4; and
 
4. Evidence of having completed all continuing education credits that were required to be completed during the triennial period immediately prior to the renewal period for which reactivation is sought, consistent with the requirements set forth in N.J.A.C. 13:31A-1.12.
 
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the burglar alarm business, the fire alarm business, or the provision of locksmithing services, as applicable, and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph apply.
 
ii. To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the triennial period for which reactivation is sought, the Committee will allow applicants to take the courses within 12 months following reactivation. If the Committee concludes, in accordance with (b) below, that there are practice deficiencies in need of remediation, (b) below applies.
 
(b) If a Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Committee may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reactivation of the license. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reactivation of licensure, to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Committee determines is necessary to assure that the applicant practices with reasonable skill and safety. The Committee, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Committee following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Committee shall consider the following non-exhaustive issues:
 
1. Length of duration license was inactive;
 
2. Employment history;
 
3. Professional history;
 
4. Disciplinary history and any action taken against the applicant's license by any licensing board;
 
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to engaging in the burglar alarm business, the fire alarm business, or the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
 
6. Pending proceedings against a professional or occupational license or certificate issued to the licensee by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
 
7. Civil litigation related to engaging in the burglar alarm business, the fire alarm business, or the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.
 
13:31A-1.7        License reinstatement
 
(a) A licensee who has had his or her license suspended pursuant to N.J.A.C. 13:31A-1.5(e) may apply to the Committee for reinstatement. A licensee applying for reinstatement shall submit:
 
1. A reinstatement application;
 
2. A certification of employment listing each job held during the period of suspended license, which includes the names, addresses, and telephone number of each employer;
 
3. The renewal fee for the triennial period for which reinstatement is sought;
 
4. The past due renewal fee for the triennial period immediately preceding the renewal period for which reinstatement is sought;
 
5. The reinstatement fee set forth in N.J.A.C. 13:31A-1.4; and
 
6. Evidence of having completed all continuing education credits that were required to be completed during the triennial period immediately prior to the renewal period for which reinstatement is sought, consistent with the requirements set forth in N.J.A.C. 13:31A-1.12.
 
i. An applicant who holds a valid, current license in good standing issued by another state to engage in the burglar alarm business, the fire alarm business, or the provision of locksmithing services, as applicable, and submits proof of having satisfied that state's continuing education requirements for that license, shall be deemed to have satisfied the requirements of this paragraph. If the other state does not have any continuing education requirements, the requirements of this paragraph apply.
 
ii. To the extent that specific courses are required to satisfy the continuing education requirement for, or are required to have been satisfied prior to, the triennial period for which reinstatement is sought, the Committee will allow applicants to take the courses within 12 months following reinstatement. If the Committee concludes, in accordance with (b) below, that there are practice deficiencies in need of remediation, (b) below applies.
 
(b) If a Committee review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Committee may require the [page=2099] applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Committee prior to reinstatement of the license. If that examination or assessment identifies deficiencies or educational needs, the Committee may require the applicant, as a condition of reinstatement of licensure, to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Committee determines is necessary to assure that the applicant practices with reasonable skill and safety. The Committee, in its discretion, may restore the license subject to the applicant's completion of the training within a period of time prescribed by the Committee following the restoration of the license. In making its determination whether there are practice deficiencies requiring remediation, the Committee shall consider the following non-exhaustive issues:
 
1. Length of duration license was suspended;
 
2. Employment history;
 
3. Professional history;
 
4. Disciplinary history and any action taken against the applicant's license by any licensing board;
 
5. Actions affecting the applicant's privileges taken by any institution, organization, or employer related to engaging in the burglar alarm business, the fire alarm business, or the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
 
6. Pending proceedings against a professional or occupational license or certificate issued to the licensee by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
 
7. Civil litigation related to engaging in the burglar alarm business, the fire alarm business, or the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.
 
13:31A-1.15    Prohibited practices
 
(a) A licensee shall be deemed to have engaged in professional misconduct and shall be subject to the penalties set forth in N.J.S.A. 45:1-21 et seq., for engaging in any of the activities set forth in N.J.S.A. 45:1-21 and any of the following prohibited acts or practices:
 
1.-5. (No change.)
 
6. Installing, servicing or maintaining branch circuit wiring. For purposes of this section, "branch circuit" means the circuit conductors between the final overcurrent device protecting the circuit and the outlet(s).
 
i.Nothing in this subsection shall be construed to preclude a licensee from connecting to or disconnecting from a branch circuit that was previously installed by an electrical contractor licensed by the Board pursuant to N.J.S.A. 45:5A-1 et seq.
 
SUBCHAPTER 2.    LOCKSMITH LICENSURE
 
13:31A-2.1   Requirements for locksmith licensure
 
(a) An applicant seeking licensure as a locksmith shall:
 
1.-5. (No change.)
 
6. Have immediately preceding the submission of the application:
 
i. At least three years of practical hands-on experience in the provision of locksmithing services. For purposes of this section, three years means a 36-month period, with at least 20 working days per month, during which the applicant has been engaged in the full-time provision of locksmithing services as defined in N.J.A.C. 13:31A-1.2, equal to a minimum of 5,040 hours."Practical hands-on experience" shall not include time spent supervising, engaging in the practice of engineering, estimating, and performing other managerial tasks relevant to the provision of locksmithing services; or
 
ii. (No change.)
 
7. (No change.)
 
13:31A-2.5   Application for locksmith licensure: individual and business firm
 
(a)-(e) (No change.)
 
(f)A nonresident military spouse as defined in N.J.A.C. 13:31A-2.10(a) may apply for a temporary courtesy license, if he or she satisfies the criteria set forth in N.J.A.C. 13:31A-2.10(b) through (f).
 
13:31A-2.6   Locksmith business license holder requirements
 
(a) A locksmith business license holder shall:
 
1.-2. (No change.)
 
3. If the locksmith business license holder is engaged in the provision of electronic security system services, maintain an emergency service number attended to on a 24-hour basis and [response] respond appropriately to emergencies on a 24-hour basis. For purposes of this section, "attended to" means that the main business telephone number or another telephone number designated and advertised by the business as an emergency service telephone number is answered on a 24-hour pay per day basis. For purposes of this section "responds appropriately" means that within 24 hours, any person calling to request service shall be provided with the date and time when such service, if necessary, will be rendered; and
 
4. (No change.)
 
(b)-(d) (No change.)
 
13:31A-2.7   Locksmith employees
 
(a) (No change.)
 
(b) Any person employed by a licensee to perform locksmithing services while unsupervised shall:
 
1. Have at least three years of practical hands-on experience in the provision of locksmith services as defined in N.J.A.C. 13:31A-1.2. "Practical hands-on experience" shall not include time spent supervising, engaging in the practice of engineering, estimating, and performing other managerial tasks relevant to the provision of locksmithing services; and
 
2. (No change.)
 
[(c) A person employed by a locksmithing business who performs locksmithing services while unsupervised shall not be required to satisfy the competency requirements of (b) above until January 31, 2011.]
 
13:31A-2.10      Temporary courtesy locksmith license
 
(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
 
"Another jurisdiction" means the District of Columbia, a territory of the United States, or a state other than New Jersey.
 
"Nonresident military spouse" means a person who is not domiciled in this State who is the spouse of an active duty member of the Armed Forces in the United States, where the active duty service member is a resident of New Jersey for one of the following reasons:
 
1. He or she has been temporarily transferred to this State in the course of his or her military service;
 
2. He or she is legally domiciled in this State; or
 
3. He or she has moved to this State on a permanent change-of-station basis.
 
(b) An individualwho is licensed, registered, or certified in another jurisdiction may apply to obtain a temporary courtesy locksmith license pursuant to P.L. 2013, c. 264, if he or she:
 
1. Meets the definition of nonresident military spouse set forth in (a) above;
 
2. Holds a license, registration, or certificate in good standing in a jurisdiction that has licensure, registration, or certification requirements equivalent to New Jersey's requirements for locksmith licensure;
 
3. Has been engaged in the active provision of locksmithing servicesfor at least two of the five years immediately preceding the date of application for the temporary courtesy license, for which purpose relevant full-time experience in the discharge of official duties in the Armed Forces of the United States or an agency of the Federal government shall be credited in the counting of years of service.
 
[page=2100] i. The Committee may require a nonresident military spouse who has not been engaged in the provision of locksmithing servicesin another jurisdiction during the two years immediately preceding the application to undergo additional training, testing, mentoring, monitoring, or education should the Committee deem it necessaryto assure that the applicant practices with reasonable skill and safety. In making its determination whether the applicant must undergo additional training, testing, monitoring, or education, the Committee shall consider the following factors including, but not limited to:
 
(1) Employment history;
 
(2) Professional history;
 
(3) Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
 
(4) Civil litigation related to the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
 
4. Has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of his or her license in New Jersey, has not been disciplined, or is not the subject of an investigation of an unresolved complaint or a review procedure or disciplinary proceeding conducted by or is pending before a professional or occupational licensing or credentialing entity in another jurisdiction;
 
5. Has satisfied any continuing education requirements in the jurisdiction meeting the requirements of (b)2 above, where he or she holds a current license, registration, or certificate to provide locksmithing services, and at the discretion of the Committee, completes such continuing education hours or credits as may be required by the Committee within the time frame the Committee may establish.
 
i. In making its determination whether the applicant must complete additional continuing education hours or credits, the Committee shall consider the following factors including, but not limited to:
 
(1) Employment history;
 
(2) Professional history;
 
(3) Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
 
(4) Civil litigation related to the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
 
6. Completes, within three years immediately preceding the date of application, two hours of training in the Barrier Free Subcode, N.J.A.C. 5:23-7, two hours of training in the New Jersey Uniform Construction Code, N.J.A.C. 5:23, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act code, 36 CFR 1191, two hours of training in industrial safety, and two hours of training in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services; and
 
7. The applicant submits his or her fingerprints for the purpose of permitting a criminal history records check.
 
(c) An applicant for a temporary courtesy locksmith license shall submit, or arrange to submit, to the Committee:
 
1. A completed application form, provided by the Committee;
 
2. A non-refundable application fee and temporary courtesy license fee as set forth in N.J.A.C. 13:31A-1.4;
 
3. Written or electronic verification of status of licensure, registration, or certification from a jurisdiction in which the applicant is currently licensed, registered, or certified. The verification shall either be forwarded directly to the Committee from the applicable state board, if written, or if electronic, be issued by the applicable state board. The applicant shall also provide a list of all jurisdictions in which the applicant is currently or has ever been licensed, registered, or certified;
 
4. Proof that the applicant was engaged in the provision of locksmithing services in another jurisdiction, including any time spent discharging official duties in the Armed Forces or for an agency of the Federal government, for at least two of the last five years immediately preceding the date of application; and
 
5. A completed Criminal History Certification of Authorization Form.
 
(d) A temporary courtesy license shall be valid for one year.
 
(e) An individual who holds a temporary courtesy license may apply to the Committee for an extension of the license for an additional year by submitting a renewal application to the Committee and paying a renewal fee as set forth in N.J.A.C. 13:31A-1.4.
 
(f) A nonresident military spouse who holds a temporary courtesy license pursuant to this section shall be entitled to the same rights and be subject to the same obligations as provided by the Committee for New Jersey residents, except that revocation or suspension of a nonresident military spouse's license, registration, or certificate in the nonresident military spouse's state of residence or any jurisdiction in which the nonresident military spouse held licensure, registration, or certification shall automatically cause the same revocation or suspension of the person's temporary courtesy license in New Jersey, if that revocation or suspension was on the basis of a charge or commission of a criminal offense, competency, or harmful or inappropriate behavior.
 
SUBCHAPTER 3.    BURGLAR ALARM OR FIRE ALARM LICENSURE
 
13:31A-3.1   Requirements for burglar alarm or fire alarm licensure
 
(a) All applicants seeking licensure to engage in the burglar alarm or fire alarm business shall:
 
1.-6. (No change.)
 
7. Have immediately preceding the submission of the application, at least four years of experience in burglar alarm or fire alarm business, which shall be satisfied by one of the following:
 
i. (No change.)
 
ii. Proof of having earned a bachelors degree in electrical engineering and having completed one year of practical hands-on experience, as defined in (a)7i above, which shall include a minimum of 1,680 hours. The applicant shall submit a copy of his or her diploma and a certification by an employer verifying the applicant's one year of practical hands-on experience. The applicant shall submit proof of successfully completing,within three years immediately preceding the date of application,two hours of training in the Barrier Free Subcode, N.J.A.C. 5:23-7, two hours of training in the New Jersey Uniform Construction Code, N.J.A.C. 5:23, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act code, 36 CFR 1191, two hours of training in industrial safety, and two hours of training in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services; or
 
iii. Proof of having completed a minimum of one-year course in the study of trade-related electronics at a technical school and having completed three years of practical hands-on experience, as defined in (a)7i above, which shall include a minimum of 5,040 hours. The applicant shall submit a copy of his or her diploma or certificate of completion and a certification by an employer(s) verifying the applicant's three years of practical hands-on experience. The applicant shall submit proof of successfully completing,within three years immediately preceding the date of application, two hours of training in the Barrier Free Subcode, N.J.A.C. 5:23-7, two hours of training in the New Jersey Uniform Construction Code, N.J.A.C. 5:23, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act code, 36 CFR 1191, two hours of training in industrial safety, and two hours of training in New Jersey [page=2101] law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services.
 
13:31A-3.4   Application for burglar alarm [for] or fire alarm licensure: individual and business firm
 
(a)-(e) (No change.)
 
(f)A nonresident military spouse as defined in N.J.A.C. 13:31A-3.10(a) may apply for a temporary courtesy license to engage in the alarm business if he or she satisfies the criteria set forth in N.J.A.C. 13:31A-3.10(b) through (f).
 
13:31A-3.6   Burglar alarm or fire alarm employees
 
(a)-(b) (No change.)
 
[(c) A person employed by a burglar alarm or fire alarm business who performs installation, servicing or maintenance of burglar alarms or fire alarms while unsupervised shall not be required to satisfy the competency requirements of (b) above until January 31, 2011.]
 
13:31A-3.10      Temporary courtesy burglar alarm or fire alarm license
 
(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
 
"Another jurisdiction" means the District of Columbia, a territory of the United States, or a state other than New Jersey.
 
"Nonresident military spouse" means a person who is not domiciled in this State who is the spouse of an active duty member of the Armed Forces in the United States, where the active duty service member is a resident of New Jersey for one of the following reasons:
 
1. He or she has been temporarily transferred to this State in the course of his or her military service;
 
2. He or she is legally domiciled in this State; or
 
3. He or she has moved to this State on a permanent change-of-station basis.
 
(b) An individualwho is licensed, registered, or certified in another jurisdiction may apply to obtain a temporary courtesy burglar alarm and/or fire alarm license, as applicable, pursuant to P.L. 2013, c. 264, if he or she:
 
1. Meets the definition of nonresident military spouse set forth in (a) above;
 
2. Holds a license, registration, or certificate in good standing in a jurisdiction that has licensure, registration, or certification requirements equivalent to New Jersey's requirements for burglar alarm or fire alarm licensure, as applicable;
 
3. Has been actively engaged in the burglar alarm or fire alarm business, as applicable,for at least two of the five years immediately preceding the date of application for the temporary courtesy license, for which purpose relevant full-time experience in the discharge of official duties in the Armed Forces of the United States or an agency of the Federal government shall be credited in the counting of years of service.
 
i. The Committee may require a nonresident military spouse who has not been engaged in the burglar alarm or fire alarm business, as applicable, in another jurisdiction during the two years immediately preceding the application to undergo additional training, testing, mentoring, monitoring, or education should the Committee deem it necessaryto assure that the applicant practices with reasonable skill and safety. In making its determination whether the applicant must undergo additional training, testing, monitoring, or education, the Committee shall consider the following factors including, but not limited to:
 
(1) Employment history;
 
(2) Professional history;
 
(3) Actions affecting the applicant's privileges taken by any institution, organization, or employer related to being engaged in the burglar alarm or fire alarm business or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
 
(4) Civil litigation related to being engaged in the burglar alarm or fire alarm business or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
 
4. Has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of his or her license in New Jersey, has not been disciplined, or is not the subject of an investigation of an unresolved complaint or a review procedure or disciplinary proceeding conducted by or is pending before a professional or occupational licensing or credentialing entity in another jurisdiction;
 
5. Has satisfied any continuing education requirements in the jurisdiction meeting the requirements of (b)2 above, where he or she holds a current license, registration, or certificate to engage in the burglar alarm or fire alarm business, as applicable, and at the discretion of the Committee, completes such continuing education hours or credits as may be required by the Committee within the time frame the Committee may establish.
 
i. In making its determination whether the applicant must complete additional continuing education hours or credits, the Committee shall consider the following factors including, but not limited to:
 
(1) Employment history;
 
(2) Professional history;
 
(3) Actions affecting the applicant's privileges taken by any institution, organization, or employer related to being engaged in the burglar alarm or fire alarm business or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
 
(4) Civil litigation related to being engaged in the burglar alarm or fire alarm business or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
 
6. Completes, within three years immediately preceding the date of application, two hours of training in the Barrier Free Subcode, N.J.A.C. 5:23-7, two hours of training in the New Jersey Uniform Construction Code, N.J.A.C. 5:23, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act code, 36 CFR 1191, two hours of training in industrial safety, and two hours of training in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services; and
 
7.The applicant submits his or her fingerprints for the purpose of permitting a criminal history records check.
 
(c) An applicant for a temporary courtesy burglar alarm and/or fire alarm license, as applicable, shall submit, or arrange to submit, to the Committee:
 
1. A completed application form, provided by the Committee;
 
2. A non-refundable application fee and temporary courtesy license fee as set forth in N.J.A.C. 13:31A-1.4;
 
3. Written or electronic verification of status of licensure, registration, or certification from a jurisdiction in which the applicant is currently licensed, registered, or certified. The verification shall either be forwarded directly to the Committee from the applicable state board, if written, or if electronic, be issued by the applicable state board. The applicant shall also provide a list of all jurisdictions in which the applicant is currently or has ever been licensed, registered, or certified;
 
4. Proof that the applicant was engaged in the burglar alarm or fire alarm business, as applicable, in another jurisdiction, including any time spent discharging official duties in the Armed Forces or for an agency of the Federal government, for at least two of the last five years immediately preceding the date of application; and
 
5. A completed Criminal History Certification of Authorization Form.
 
(d) A temporary courtesy license shall be valid for one year.
 
(e) An individual who holds a temporary courtesy license may apply to the Committee for an extension of the license for an additional year by submitting a renewal application to the Committee and paying a renewal fee as set forth in N.J.A.C. 13:31A-1.4.
 
[page=2102] (f) A nonresident military spouse who holds a temporary courtesy license pursuant to this section shall be entitled to the same rights and be subject to the same obligations as provided by the Committee for New Jersey residents, except that revocation or suspension of a nonresident military spouse's license, registration, or certificate in the nonresident military spouse's state of residence or any jurisdiction in which the nonresident military spouse held licensure, registration, or certification shall automatically cause the same revocation or suspension of the person's temporary courtesy license in New Jersey if that revocation or suspension was on the basis of a charge or commission of a criminal offense, competency, or harmful or inappropriate behavior.