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BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS
FIRE ALARM BURGLAR ALARM AND LOCKSMITH ADVISORY COMMITTEE MINUTES OF JULY 21, 2009 PUBLIC SESSION The notice of this meeting was prepared in the Office of the Board and mailed to the Secretary of State, the Star Ledger, the Trenton Times and the Courier Post. CALL TO ORDER The meeting of the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee was called to order by Chairman Robert Shoremount at 9:40 a.m. in the Hudson Room, Sixth Floor, 124 Halsey Street, Newark, New Jersey. All parties were duly notified of the date, time and location of this meeting and pertinent material was provided to meeting participants. Attendees recited the Pledge of Allegiance prior to the roll call of members. ROLL CALL Committee Members Present:
Edward Bagniewski
George DeLuca, Administrative Analyst Committee member Richard Rible was unable to attend the meeting. ANNOUNCEMENTS The Advisory Committee will meet with Maryann Sheehan, Regulatory Analyst, to review comments Submitted with regard to N.J.A.C. 13:31A, Proposed Readoption And Amendments and proposed draft amendments To Continuing Education Requirements (N.J.A.C. 13:31A-1.12). Updated information has been provided to the Department of Labor for it’s "Taking Care of Business"and "Center For Occupational Employment" web sites. Licensing information has been revised and a request has been made to include Electronic Security in the Nature of Work section for each license category. Additonally, the following changes were forwarded for deletion or revision to the website:
- Replace Burglar Alarm Mechanic and Fire Alarm Mechanic with Technician Also, 1) QUALIFICATIONS - Locksmith License At least three years of practical hands-on experience in the provision of locksmithing services. For purpose 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 or Have completed a two-year apprenticeship program in the provision of locksmithing services approved by the Bureau of Apprenticeship and Training of the United States Department of Labor. 2) The Advisory Committee would like to add after “NATURE OF WORK” the following: Burglar Alarm Technician, Fire Alarm Technician, and Locksmith. 3) Electronic Security includes Access Control Systems, Close Circuit T.V. systems, Intercom systems, Video systems, and Electronic monitoring devices. To date, the Committee has licensed 470 businesses. Additionally,
14 business license applications are pending to be licensed Staff has prepared 19 individual license applications for review by the Advisory Committee at this meeting. APPROVAL OF MINUTES OF JUNE 16, 2009 Approval of minutes is being held in abeyance until the September 15, 2009 meeting. CHAIRMAN’S REPORT Chairman Shoremount reviewed the information provided by Mr. De Luca to the Department of Labor with members in attendance. Chairman Shoremount also suggested that the site be updated to include references to Integrated Protocol Security Systems within the scopes of practice for Burglar Alarm Technician, Fire Alarm Technician, and Locksmith. Motion was made by Robert Boyer, seconded by Keith Eaves and unanimously passed to accept the report with regard to recent changes to information for the Department of Labor websites. REPORT FROM THE CONTINUING EDUCATION SUBCOMMITTEE - Continuing Education Programs Submitted For Approval Sponsor: National Training Center - Instructors: Charles Alner, Bryan McLane, Ed Heyden Title
- Access Control Design & Installation 8 hours (TECES) National Training Center, Continued
- Residential Audio Video Systems Webinar 8 hours (Not Approved)
Not within scope of practice National Training Center, Continued
- Basic Security Systems Online 2 hours (Not Approved) Classes intended as Webinars or On-Line are being held pending receipt and acceptance of Sponsors explanation of compliance with the authentication of course attendees meeting the equivalent of picture drivers or alarm license and sign in/out attendance verification Sponsor: Strandberg Consulting Group - Instructors: Robert Shoremount, Kenneth J. Gould Title
- Business By The Numbers 1.5 hours (BUS) Sponsor: All County Security, Inc. - Instructors: Joseph Hayes (previously approved) Title - OSHA 10 hour Safety & Health for Construction Course (over 2 days) Revised And resubmitted as per regulations allowing maximum of 8 hours in one day Of instruction. Motion was made by Robert Boyer seconded by Keith Eaves and unanimously passed to accept the recommendations made by the Continuing Education Subcommittee. - Request For Reconsideration Of Seminar Disapproved At May 19, 2009 Meeting Sponsor: Tony Fiorini, - Instructor: Tony Fiorini, CRL Title - Photograph For The Security Professional - Level One 4 hours (TECES) (Revised Seminar Length) Motion was made by Charles Okun, seconded by Robert Boyer and unanimously passed to accept the recommendations made by the Continuing Education Subcommittee. REVIEW OF ADVISORY COMMITTEE RULES (Maryann Sheehan, Regulatory Analyst) - Comments Submitted, N.J.A.C. 13:31A, Proposed Readoption And Amendments The Committee received one comment on the proposed readoption with amendments from Christopher Mack, President, New Jersey Burglar & Fire Alarm Association. 1. COMMENT: The commenter recommended that the Committee amend the definition of “closed circuit television” or “CCTV” in N.J.A.C. 13:31A-1.2 to expand the definitions of the terms “IP” and “IT” to include any security related protocols. RESPONSE: The Committee amended the definition of “closed circuit television” or “CCTV” in N.J.A.C. 13:31A-1.2 to add Internet Protocol or IP cameras to the list of devices and components that may be included in this type of security system. As amended, “closed circuit television” or “CCTV” is defined to mean a video system that may include video cameras, IP cameras, monitors, switches, camera enclosures, controls and other related devices. No separate definitions are provided for the terms “IP” or “IT” in N.J.A.C. 13:31A-1.2 and the Committee does not believe that definitions for such terms are necessary. The Committee believes that the definition of “closed circuit television” or “CCTV” is sufficiently clear and is broad enough to include other related devices that may be developed over time. The Committee, therefore, declines to amend N.J.A.C. 13:31A-1.2 as the commenter suggested. 2. COMMENT: The commenter recommended that the license verification fee of $25.00 in N.J.A.C. 13:31A-l.4 be deleted, noting that this fee serves no purpose other than to tax a person who requests a license check for a person or company. The commenter believes that a consumer or company should not have to pay this fee in order to protect their interests. RESPONSE: The verification of licensure fee provided for in N.J.A.C. 13:31A-1.4 is not imposed upon individual consumers or business owners calling to check the licensure status of an individual or an alarm or locksmithing business. Rather, this fee must be paid by a licensee when the licensee requests that the Committee verify his or her licensure status for the licensing authorities in other jurisdictions. The Committee imposes this fee in order to recoup the administrative expenses the Committee incurs in issuing a license verification document to another jurisdiction confirming the status of a New Jersey license. As noted in the proposal, this $25.00 fee is consistent with the fees charged for verification of licensure by other professional and occupational boards within the Division of Consumer Affairs. The Committee declines to amend N.J.A.C. 13:31A-1.4 to delete this fee. 3. COMMENT: The commenter recommends that N.J.A.C. 13:31A-1.5 be amended to provide that the Committee shall send a notice of renewal to all licensees at least 120 days prior to the date of license expiration. The commenter believes that the recommended change would ensure that the Committee has ample time to prepare and correct any issues during renewal. RESPONSE: The requirements of N.J.A.C. 13:31A-1.5, which require the Committee to send out a renewal notice to all licensees at least 60 days prior to license expiration, is consistent with the statutory requirements imposed upon the Committee under N.J.S.A. 45:1-7.1. N.J.A.C. 45:1-7.1 provides that all professional and occupational boards and committees within the Division of Consumer Affairs must send out renewal notices at least 60 days prior to the date of license expiration. The Committee has not encountered significant administrative difficulties when mailing renewal applications 60 days prior to the license expiration date. The Committee, therefore, declines to amend the rule as suggested by the commenter. 4. COMMENT: The commenter recommended that the Committee amend N.J.A.C. 13:31A-1.6, concerning inactive status, to provide that a licensee must forfeit his or her license if the licensee has been inactive for more than two renewal periods. RESPONSE: All licensees of the professional and occupational boards and committees within the Division of Consumer Affairs are permitted to elect inactive status under N.J.S.A. 45:1-7.3. N.J.S.A. 45:1-7.3 provides that a licensee may return to active status upon presentation of proof that he or she has maintained competency by completing the continuing education required for the renewal of an active license. Such continuing education must be completed by the applicant within three years prior to the date of application for the return to active status. N.J.A.C. 13:31A-1.6 is consistent with this statutory mandate. The Committee is precluded from amending the rule as suggested by the commenter by the express statutory requirements of N.J.S.A. 45:1-7.3. 5. COMMENT: The commenter objected to N.J.A.C. 13:31A-l.l0, concerning qualifications for licensure for applicants licensed in other states, noting that reciprocity in other states does not occur. The commenter believes that out-of-state licensees should be bound to the same requirements as a licensee who resides in this State. The commenter notes that the influx of out-of-state companies into New Jersey would significantly jeopardize the majority of small business that make up this industry in New Jersey. The commenter believes that the new rule will lead to an increase in the use of out-of-state contractors, which will result in the Committee having to expend valuable tax dollars to keep track of illegal and unethical activity from these companies or licensees. RESPONSE: N.J.A.C. 13:31A-1.10 does not provide for reciprocity, but rather, sets forth the qualifications for licensure in New Jersey for applicants who are already licensed in other states, consistent with the requirements in N.J.S.A. 45:5A-37 of the Electrical Contractors’ Licensing Act. N.J.S.A. 45:5A-37 provides that the Committee may accept evidence of other state licensure as meeting the “experience and knowledge requirements of this act.” N.J.A.C. 13:31A-1.10 requires an applicant licensed in another state to submit a verification from all states in which he or she holds an alarm or locksmith license to establish that the applicant’s licenses are in good standing. The rule also requires applicants to successfully complete the burglar alarm, fire alarm, or locksmith examination, as applicable. Although evidence of licensure in another state may be used by an applicant to satisfy the Committee’s experience and knowledge requirements, such applicants are still required to take a limited amount of training in New Jersey-specific topics that will be covered in the licensing examination in order to ensure competency. The Committee believes that these requirements will help to ensure that only the most qualified applicants are granted a license to provide alarm or locksmithing services in New Jersey. Once licensed in New Jersey, such applicants will be subject to the same requirements as other licensees regulated by the Committee. The Committee notes that alarm and locksmithing businesses located out-of-state must obtain a license to provide services in New Jersey pursuant to the requirements of N.J.S.A. 45:5A-25. 6. COMMENT: The commenter objected to the requirement in N.J.A.C. 13:31A-1.12(b), that the holder of multiple licenses issued by the Committee may only apply a maximum of 12 credits of the 36 credits obtained for one license toward satisfaction of the 36 credits required for his or her second or third Committee-issued license. The commenter believes that the 12 credit maximum carry over should be increased to 24 credits. The commenter believes that 36 continuing education units for each license is redundant and causes a financial burden on licensees. The commenter also recommended that the rule be amended to permit continuing education courses approved by other state boards or committees to be used to satisfy the Committee’s continuing education requirements. The commenter believes that state trade associations related to the industry, such as New Jersey Burglar & Fire Alarm Association, should have the same pre-approval status as IACET. The commenter believes that this change will benefit licensees by providing them with more cost effective and better industry-related continuing education courses. RESPONSE: The Committee is aware that the provision in N.J.A.C. 13:31A-1.12(b), which permits a licensee who holds multiple Committee-issued licenses to apply no more than 12 continuing education credits obtained for one license toward satisfaction of the 36 credits needed for renewal of the second or third license, may be onerous for some licensees. The Committee, however, is unsure whether increasing the number of permissible carry over credits to 24, as the commenter suggests, is appropriate and believes that further study of this issue is necessary. The Committee intends to study this issue in the future to determine what number of carry over credits beyond the currently permissible 12 credits would strike the appropriate balance between providing licensees with multiple Committee-issued licenses some measure of relief and ensuring that these licensees obtain a sufficient amount of continuing education in each of the fields in which they are licensed so that they may maintain competency to practice. With respect to pre-approval of continuing education sponsors under N.J.A.C. 13:31A-1.12, the Board notes that it has granted pre-approval status to continuing education sponsors who have received certification from the International Association of Continuing Education and Training (IACET) because of the stringent certification standards that IACET imposes on its sponsors. The Committee is confident that the courses and programs offered by sponsors who have met these standards will be of a sufficient quality to ensure that its licensees receive adequate training. Sponsors who have not received certification from IACET are required to obtain Committee approval under N.J.A.C. 13:31A-1.12(h) so they Committee may ensure that the courses and programs are of sufficient quality. All sponsors that are not IACET-approved may apply for Committee approval under this process. The Board disagrees with the commenter’s assertion that additional pre-approved sponsors are necessary to provide Committee licensees with additional continuing education courses. Licensees may take courses offered by IACET-approved sponsors or by the numerous sponsors that the Committee approves every triennial period pursuant to N.J.A.C. 13:31A-1.12. The Committee, therefore, declines to amend N.J.A.C. 13:31A-1.12 as suggested by the commenter. 7. COMMENT: The commenter recommended that the Committee amend its advertising regulation at N.J.A.C. 13:31A-1.13 to require business license numbers to be no less than one inch in height. The commenter notes that this will make the size of business license numbering uniform with other required numbering mandates by other boards in the State. RESPONSE: The requirements in N.J.A.C. 13:31A-1.13 that licensing information appear in lettering at least three inches in height on any commercial vehicles used in the provision of burglar alarm, fire alarm and locksmithing services is consistent with the requirements imposed upon electrical contractors by the Board of Examiners of Electrical in N.J.A.C. 13:31-1.5, and is also consistent with requirements imposed by the Motor Vehicle Commission on all commercial vehicles under N.J.S.A. 39:4-46. The Committee notes that N.J.A.C. 13:31A-1.13, provides, consistent with the Board regulation and Motor Vehicle Commission requirements, that when strict compliance with the required three inch lettering height is impractical, the lettering must be as close to three inches as is possible within the limited space provided. The Board, therefore, declines to amend N.J.A.C. 13:31A-1.13 as the commenter suggested. Motion was made by Charles Okun, seconded by Keith Eaves and unanimously passed to adopt the Proposed Readoption with amendments and formerly present the Proposed Rules to the Board of Examiners of Electrical Contractors. - Proposed Draft Amendments To Continuing Education Requirements (N.J.A.C. 13:31A-1.12) The Advisory Committee reviewed and discussed the following Proposed Draft Amendments to Continuing Education Requirements (N.J.A.C. 13:31A-1.12). 13:31A-1.12 Continuing education requirements
(a) (No change.) (i) (No change.) CORRESPONDENCE - Request For Clarification Of Requirement For Licensur - Frederick Robinson, Comfort Keepers The Advisory Committee reviewed and discussed correspondence received from Frederick Robinson, Comfort Keepers with regard to clarification of requirement for licensure. Motion was made by Charles Okun, seconded by Jon Sprague and unanimously passed requesting correspondence be sent to Frederick Robinson, Comfort Keepers, informing him he must obtain a burglar alarm license or provide the Advisory Committee with the name, address and burglar alarm license number of their Business Qualifier within 90 days. - Tivoli Cousineau, Esq. The Advisory Committee reviewed and discussed correspondence received from Tivoli Cousineau, Esq. with regard to clarification of requirement for licensure. Motion was made by Arthur Fucetola, seconded by Charles Okun and unanimously passed informing Tivoli Cousineau, Esq. that based on information provided to the Advisory Committee, your client must obtain a burglar alarm business license to perform burglar alarm services. Also, the Advisory Committee requested that a copy of the Rules and Regulations be sent to Tivoli Cousineau, Esq. FOR ADVISORY COMMITTEE’S REVIEW - Verification Of Licensure The Advisory Committee reviewed and discussed three(3) requests for verification of Licensure for an individual licensee and a business. FOR ADVISORY COMMITTEE REVIEW AND DETERMINATION - Professional House Doctor, Failure To Respond To Settlement Offer Deputy Attorney General Joseph Donofrio informed the Advisory Committee that there has been no response from Professional House Doctor with regard to Settlement Offer. Upon discussion, motion was made by Robert Boyer, seconded by Charles Okun and unanimously passed to refer matter to the Enforcement Bureau, Division Of Consumer Affairs. - Mohammed Ali, Failure To Respond To Provisional Order Of Discipline Deputy Attorney General Joseph Donofrio informed the Advisory Committee that there has been no response from Mohammed Ali with regard to Provisional Order Of Discipline (POD). Upon discussion, motion was made by Jon Sprague, seconded by William Hartung and unanimously passed requesting Deputy Attorney General Joseph Donofrio issue a Final Order Of Discipline (FOD) to Mohammed Ali. - Stephen Reeder, Failure To Respond To Provisional Order Of Discipline Deputy Attorney General Joseph Donofrio informed the Advisory Committee that there has been no response from Stephen Reeder with regard to Provisional Order Of Discipline (POD). Upon discussion, motion was made by William Hartung, seconded by Charles Okun and unanimously passed requesting Deputy Attorney General Joseph Donofrio issue a Final Order Of Discipline (FOD) to Stephen Reeder. REVIEW OF CRIMINAL HISTORY SUMMARIES The Advisory Committee reviewed and discussed criminal history summaries dated July 21, 2009 for three (3) applicants. Upon discussion, three (3) applicants have been approved for examination. REVIEW OF CRIMINAL HISTORY “FLAGGING” The Advisory Committee reviewed and discussed a criminal history summary recently provided to the Advisory Committee for John C. Hoffman, a licensee. Upon discussion, the Advisory Committee requested that a Letter of Disposition be sent to Mr. Hoffman. REVIEW OF APPLICATIONS FOR ALARM AND LOCKSMITH LICENSES The Advisory Committee reviewed the applications of alarm and locksmith applicants seeking alarm and locksmith licenses at this meeting The Advisory Committee reviewed the applications of alarm and locksmith businesses seeking business licenses at this meeting. Motion was made by Edward Bagniewski, seconded by Keith Eaves and unanimously passed to recommend to adjourn the Public Session at 11:30 a.m. and proceed into Executive Session. Motion was made by Charles Okun, seconded by Keith Eaves and unanimously passed to to adjourn the Executive Session at 2:00 p.m. and proceed into the Public Session ADJOURNMENT Having no further business, motion was made by Jon Sprague seconded by Charles Okun and unanimously passed to adjourn the Public Session at 3:00 p.m. The minutes reflect actions and decisions taken by the Advisory Committee at this meeting.
Robert Shoremount
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