51 N.J.R. 1251(a)

VOLUME 51, ISSUE 15, AUGUST 5, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1251(a)
NJ - New Jersey Register  >  2019  >  AUGUST  >  AUGUST 5, 2019  >  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 > ELEVATOR, ESCALATOR, AND MOVING WALKWAY MECHANICS LICENSING BOARD

Administrative Code Citation

Proposed Amendment: N.J.A.C. 13:44M-5.2
Text

Supervision

Authorized By: Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, Philameana Tucker, Executive Director.

Authority: N.J.S.A. 45:14H-3.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2019-113.

Submit comments by October 4, 2019, to:

   Philameana Tucker, Executive Director
   Elevator, Escalator, and Moving Walkway Mechanics Licensing Board
   PO Box 45054
   124 Halsey Street
   Newark, NJ 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

The Elevator, Escalator, and Moving Walkway Mechanics Licensing Board (Board) proposes amendments to N.J.A.C. 13:44M-5.2 to clarify supervision requirements. The definition of "residential property" includes dwellings in Group R-3 (buildings that do not contain more than two dwelling units; boarding houses, group homes, rooming houses, or alcohol and drug treatment houses with five or fewer occupants; detached one- and two-family dwellings or multiple single-family townhouses greater than three stories in height; attached two-family dwellings separated from adjacent units by firewalls; and single residential occupancies having no more than five occupants) or R-5 (detached one-and two-family dwellings and multiple single-family townhouses not more than three stories in height with a separate means of egress; care facilities that provide accommodations for five or fewer persons receiving care; single residential occupancies, group homes, and rooming houses having no more than five occupants; and cooperative sober living residences with not more than 10 occupants) pursuant to N.J.A.C. 5:23-3.14. The Board proposes to amend this definition to include dwellings in Group R-4 (which are buildings for more than five but less than 16 persons who reside on a 24-hour basis in a supervised residential environment, receive custodial care, and are capable of slow evacuation). The Board is proposing to amend N.J.A.C. 13:44M-5.2(b)1, governing standards for unlicensed person working on platform lifts, to remove an incorrect reference to devices.

The Board proposes to amend N.J.A.C. 13:44M-5.2(d) to clarify that it does not apply to situations covered by subsection (c). N.J.A.C. 13:44M-5.2(f)1 establishes the situations that require a licensed elevator mechanic to maintain daily contact with an unlicensed individual. The Board proposes to amend this paragraph, so that it will apply to equipment governed by part 7 of A17.1 (Safety Code Elevators and Escalators) from the American Society of Mechanical Engineers (ASME) (which addresses dumbwaiters). The Board also proposes to amend paragraph (f)1 so that it will cover testing of equipment governed by ASME A17.1 section 5.3 (which addresses private residence elevators) or A18.1 (which addresses platform lifts and stairway chairlifts). The Board proposes new N.J.A.C. 13:44M-5.2(f)3 to require a supervising licensed elevator mechanic to be on site when an unlicensed person performs testing associated with a Department of Community Affairs inspection on commercial property.

The Board has provided a 60-day comment period on 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.

[page=1252] Social Impact

The Board believes the proposed amendments will have a positive impact on licensed elevator mechanics, as they will clarify supervision requirements for unlicensed individuals.

Economic Impact

It is possible that the proposed amendments may have an economic impact, in that licensees will be required to be on site when testing performed in association with a Department of Community Affairs inspection on commercial property occurs.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.

Jobs Impact

The Board does not anticipate that the proposed amendments will increase or decrease the number of jobs in the State.

Agriculture Industry Impact

The proposed amendments will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

Since elevator mechanics will be individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.
The proposed amendments will impose the same costs as are imposed on all businesses as detailed in the Economic Impact above. The Board does not believe that licensed elevator mechanics will need to employ any professional services to comply with the proposed amendments. The proposed amendments will not impose reporting or recordkeeping requirements; but will impose compliance requirements as detailed in the Summary above.

As the compliance requirements contained in the proposed amendments are necessary to clarify supervision requirements for licensed elevator mechanics (and ensure the public safety and welfare), the Board believes that the proposed amendments must be uniformly applied to all licensed elevator mechanics and no exemptions are provided based on the size of a licensee's business.

Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern supervision requirements for licensed elevator mechanics.

Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments 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 amendments concern supervision requirements for licensed elevator mechanics.

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.

Regulations

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 5.   PRACTICE REQUIREMENTS

13:44M-5.2   Supervision

(a) For purposes of this section, the following words and terms shall have the following meaning:

…

"Residential property" means dwellings categorized as in Group R-3, R-4, or R-5 pursuant to N.J.A.C. 5:23-3.14 or a single dwelling unit, which is the only unit served by an elevator, escalator, or moving walkway.

(b) A licensed elevator mechanic who is supervising an unlicensed person performing the installation, construction, or alteration of elevators, escalators, or moving walkways on a commercial property shall supervise the person as follows:

1. If the unlicensed person is working on a platform lift, as defined in ASME A18.1 (Safety Standard for Platform Lifts and Stairway Chairlifts), the licensed elevator mechanic shall maintain daily contact with the unlicensed person, which may be through electronic means, and the licensed elevator mechanic shall be present when the [device or] platform lift is inspected. A licensed elevator mechanic shall supervise no more than six unlicensed individuals who are working on such a [device or] lift;

2.-3. (No change.)

(c) (No change.)

(d) When a licensed elevator mechanic is supervising an unlicensed person performing the installation, construction, or alteration of an elevator, escalator, or moving walkway that is limited to three stories or less on a residential property, or which is not included in (c) above, the licensed elevator mechanic shall be physically present on the site where the device is being installed, constructed, or altered at least once a week. A licensed elevator mechanic shall supervise no more than four individuals who are working on such a device.

(e) (No change.)

(f) A licensed elevator mechanic who is supervising an unlicensed person performing the maintenance, service, repair, or testing of an elevator, escalator, or moving walkway shall supervise the person as follows:

1. The licensed elevator mechanic shall maintain daily contact with the unlicensed individual, which may be through electronic means, and the licensed elevator mechanic shall supervise no more than five individuals if the unlicensed individual is working on:

i. Equipment governed by ASME A17.1, not including section 5.3 [or part 7], and the work includes: cleaning; oiling; greasing; painting; changing brushes; fixture maintenance; observing the operations of equipment; relamping; replacing combplate teeth; replacing carbons, contacts, and shunts (not including soldered contacts or shunts); replacing door gib inserts; or clearing obstructions; and

ii. Equipment governed by ASME A17.1 section 5.3 or A18.1, or the equipment is a dumbwaiter in a residential property, and the work includes: testing; oiling; greasing; cleaning; observing elevator operations; clearing obstructions; cleaning and adjusting contacts; replacing plug and play devices such as: fixtures, ice cube relays, solid state relays, programmable logic controllers, direct plug in printed circuit boards, and selector heads; replacing fuses, batteries, uninterrupted power supplies, position indicators, lamps, and bulbs; replacement of rollers, guide shoes, valve coils, and seals; adjusting swing door interlocks; replacing collapsible/accordion gates and operators, not including single or multispeed commercial sliding doors; or using a diagnostic tool to identify issues; [and]

2. If the unlicensed person is performing any work not included in (f)1 above, the licensed elevator mechanic shall be present at the commencement of the work and shall be available for consultation through electronic means after the work has commenced. A licensed elevator mechanic shall supervise no more than five individuals performing such work[.]; and

3. If the unlicensed person is performing testing associated with a Department of Community Affairs inspection on commercial property, the licensed elevator mechanic shall be on site while the unlicensed individual is performing the testing.

(g) (No change.)