52 N.J.R. 865(a)

VOLUME 52, ISSUE 8, APRIL 20, 2020
RULE PROPOSALS

Reporter
52 N.J.R. 865(a)
NJ - New Jersey Register  >  2020  >  APRIL  >  APRIL 20, 2020  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of  N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at      N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > NEW JERSEY BOARD OF EXAMINERS OF MASTER PLUMBERS


Administrative Code Citation

Proposed New Rule: N.J.A.C. 13:32-4.6


Text

Contracts
Authorized By: New Jersey Board of Examiners of Master Plumbers, Susan Rischway, Acting Executive Director.
Authority: N.J.S.A. 45:14C-7.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2020-045.
Submit written comments by June 19, 2020, to:
Susan Rischway, Acting Executive Director
New Jersey Board of Examiners of Master Plumbers
PO Box 45008
124 Halsey Street
Newark, New Jersey 07101
or electronically at: www.NJConsumerAffairs.gov/proposal/comment/
The agency proposal follows:
Summary
The Board of Examiners of Master Plumbers (Board) proposes new N.J.A.C. 13:32-4.6 to require licensed master plumbers to have a written contract when plumbing work will cost $ 500.00 or more. The contract must set forth the details of the work to be performed, the price for the work, and the estimated start and completion dates for the work. The contract must be signed by the consumer for whom the work will be performed and by the bona fide representative or employee performing the work. If plumbing work is being performed that should cost less than $ 500.00 and the nature of the work changes so that the work will cost $ 500.00 or more, the bona fide representative or employee performing the work must prepare a written contract for the work.
The Board has determined that the comment period for this notice of proposal will be 60 days. Therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
Social Impact
The Board anticipates that the proposed new rule will have a beneficial impact for consumers. The Board receives complaints regarding plumbing work where consumers were unaware of the cost of the work until it was completed. Requiring licensed master plumbers to have written contracts when work will cost $ 500.00 or more will help to ensure that consumers are not surprised by the cost of the work being performed.
Economic Impact
The proposed new rule may have an economic impact on licensed master plumbers in that they will be required to draft contracts for plumbing work that will cost more than $ 500.00. The cost of drafting such contracts should not be unduly burdensome for licensed master plumbers.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed new rule.
Jobs Impact
The Board does not believe that the proposed new rule will result in an increase or decrease in the number of jobs in New Jersey.
Agriculture Industry Impact
The Board does not believe that the proposed new rule will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
Since licensed master plumbers are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.
The cost imposed on small businesses is the same as on all businesses as outlined in the Economic Impact above. The Board does not believe that licensed master plumbers will need to employ any professional services to comply with the proposed new rule. The proposed new rule does not impose any reporting or recordkeeping requirements, but impose compliance requirements on licensed master plumbers as discussed in the Summary above.
As the compliance requirements contained in the proposed new rule help to ensure that consumers are fully informed as to the cost of plumbing work being performed, the Board believes that the new rule must be uniformly applied to all licensed master plumbers and no exemptions are provided based on the size of a business.
Housing Affordability Impact Analysis
The proposed new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed new rule would evoke a change in the average costs associated with housing because the proposed new rule concerns contracts for plumbing work.
Smart Growth Development Impact Analysis
The proposed new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed new rule 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 proposed new rule concerns contracts for plumbing work.
Racial and Ethnic Community Criminal Justice and Public Safety Impact
The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.
Full text of the proposed new rule follows:
[page=866] SUBCHAPTER 4. MISCELLANEOUS
13:32-4.6 Contracts
(a) If plumbing work to be performed for a consumer will cost $ 500.00 or more, there shall be a written contract which sets forth:
1. Details of the work to be performed;
2. The price for the work to be performed; and
3. The estimated start and completion dates for the work.
(b) The contract required by (a) above shall be signed by the consumer and either the bona fide representative or employee whose remuneration is reported on a Form W-2 to the Internal Revenue Service who will perform the work.
(c) If plumbing work is being performed that should cost less than $ 500.00 and the nature of the work changes so that the work will cost $ 500.00 or more, the bona fide representative or employee whose remuneration is reported on a Form W-2 to the Internal Revenue Service performing the work shall comply with the written contract requirements of (a) above.