53 N.J.R. 1473(a)

VOLUME 53, ISSUE 17, SEPTEMBER 7, 2021
RULE PROPOSALS

Reporter
53 N.J.R. 1473(a)
NJ - New Jersey Register  >  2021  >  SEPTEMBER  >  SEPTEMBER 7, 2021  >  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 > BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS

Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:31-2.1, 2.4, 2.5, 2.6, 2.7, 3.3, and 5.1  
Proposed New Rule: N.J.A.C. 13:31-2.3
Text

  Qualifications for Licensure
Authorized By: Board of Examiners of Electrical Contractors, Philameana Tucker, Executive Director.
Authority: N.J.S.A. 45:5A-6; and P.L. 2018, c.155.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2021-082.

Submit written comments by November 6, 2021, to:

Philameana Tucker, Executive Director
Board of Examiners of Electrical Contractors
124 Halsey Street
PO Box 45006
Newark, New Jersey 07101

     or electronically at:   www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

  Summary
  The Board of Examiners of Electrical Contractors (Board) proposes amendments and a new rule to implement P.L. 2018, c. 155, which was enacted and effective on December 17, 2018, and amended the requirements for becoming a licensed electrical contractor. The law revises the qualifications for an electrical contractor's license by requiring five years of experience, which includes a four-year electrical apprenticeship program accredited and approved by the United States Department of Labor (DOL) and one year as a journeyman electrician. Previously, the law required an individual to have been employed or engaged in the business of electrical construction and installation for a period of five years, or have other experience deemed satisfactory to the Board. The new law eliminates the Board's discretion to determine equivalent experience. The law also provides that, from December 17, 2018 through December 17, 2022, an individual may qualify for an electrical contractor's license without having had to participate in a DOL-accredited and approved apprenticeship program if the individual was employed in the electrical trade or enrolled in a formal apprenticeship program prior to December 17, 2018.  
  The Board proposes to amend N.J.A.C. 13:31-2.1 to delete and replace paragraph (a)3, which currently sets forth the alternative ways an applicant for licensure may satisfy the five years of practical hands-on experience requirement. The Board proposes to add the experiential requirements as proposed new N.J.A.C. 13:31-2.3, which is described below.  
  The Board proposes new N.J.A.C. 13:31-2.1(b) to specify that applicants for examination must submit the required application fee. Proposed new subsection (c) makes clear that after passing the licensing examination, the applicant must submit the licensing fee.  
  Proposed new N.J.A.C. 13:31-2.3 establishes experiential requirements consistent with P.L. 2018, c. 155. New subsection (a) sets forth the definitions for this section and defines the terms "accredited and approved," "journeyman electrician," "one year of employment," and "practical hands-on experience." New subsection (b) delineates the new experiential requirements and the documentation required for applicants to sit for the licensing examination. New subsection (c) sets forth the experiential requirements for those applicants who were employed in the [page=1474] electrical trade or enrolled in a formal electrical apprenticeship program completed prior to December 17, 2018, and who apply for licensure between December 17, 2018 and December 17, 2022.  
  "Journeyman electrician" means an individual who successfully completed four years of a DOL-accredited and approved apprenticeship. The definition for "journeyman electrician" also clarifies that it is not the same as a "qualified journeyman" as used at N.J.A.C. 13:31-5, and that a journeyman electrician is not able to supervise the performance of electrical work pursuant to N.J.A.C. 13:31-3.4.  
  The Board determined that "one year of employment" is the equivalent of 2,000 hours of practical hands-on experience. The Board proposes the same definition of "practical hands-on experience" as previously existed at N.J.A.C. 13:31-2.1(a)3.  

Proposed new N.J.A.C. 13:31-2.3(b) requires that applicants for examination for a license as an electrical contractor provide proof to the Board that the applicant has been, for a period of at least five years immediately preceding the submission of the application, employed or engaged in the business of electrical construction and installation.

During that period, the applicant must successfully complete a four-year electrical apprenticeship program accredited and approved by the DOL. To prove successful completion of the electrical apprenticeship program, the applicant must submit a copy of a Certificate of Completion issued by the DOL. The applicant must also have at least one year of practical hands-on experience as a journeyman electrician. Proposed new sub-subparagraphs (b)1ii(1) and (2) make clear that the applicant must complete the four-year apprenticeship program prior to spending at least one year as a journeyman electrician, and that one year of practical hands-on experience means 2,000 hours.  
Consistent with the law, the Board proposes new N.J.A.C. 13:31-2.3(c) to address those applicants who apply between December 17, 2018 and December 17, 2022, and who were employed in the electrical trade or enrolled in a formal electrical apprenticeship program completed prior to December 17, 2018. For these applicants, the Board will accept, up to a maximum total credit of four years, one year of employment in lieu of one year's enrollment in a DOL-accredited and approved apprenticeship program. Proposed paragraph (c)1 specifies the documentation that must be submitted as proof of each year of employment. The Board will require an affidavit from each employer acknowledging the number of hours of practical hands-on experience, or in lieu of an affidavit, filed income tax returns, or W-2 forms.  
As a result of proposed new N.J.A.C. 13:31-2.3, the Board proposes to update the cross-references at N.J.A.C. 13:31-2.5(a), 2.6(a), 2.7(a) and (b), and 3.3(c). Because of the deletion of N.J.A.C. 13:31-2.1(a)3, the alternative ways that an applicant previously could satisfy the practical hands-on experience requirement, the Board proposes to amend N.J.A.C. 13:31-2.7 to delete subparagraph (b)2ii, and to add a cross-reference to the new experiential requirements at N.J.A.C. 13:31-2.3. In addition, consistent with the definition of "practical hands-on experience" at new N.J.A.C. 13:31-2.3, the Board proposes to amend the practical experience set forth at N.J.A.C. 13:31-5.1(a)2 to specify that "performing managerial tasks" does not count as "practical hands-on experience."  
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 believes that the proposed amendments and new rule will have a positive social impact on the public and regulated community by identifying those individuals who are qualified and legally authorized to engage in the practice of electrical contracting.  
Economic Impact  
The proposed amendments and new rule may have an economic impact to the extent that there are costs to apprentices associated with completing four-year electrical apprenticeship programs accredited and approved by the DOL.  
Federal Standards Statement  
A Federal standards analysis is not required because the proposed amendments and new rule are governed by N.J.S.A. 45:5A-1 et seq., and are not subject to any Federal laws or standards. Proposed new N.J.A.C. 13:31-2.3 does require applicants to successfully complete a four-year electrical apprenticeship program approved and accredited by the United States Department of Labor.  
Jobs Impact  
The Board does not anticipate that the proposed amendments and new rule will increase or decrease jobs in the State.  
Agriculture Industry Impact  
The Board does not believe that the proposed amendments and new rule will have any impact on the agriculture industry of the State.  

Regulatory Flexibility Standard  

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed amendments and new rule will apply. A regulatory flexibility analysis is not required because the proposed amendments and new rule apply only to applicants for licensure who are not considered small businesses because they do not yet have a license to practice electrical contracting.  

Housing Affordability Impact Analysis  

The proposed amendments and new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments and new rule would evoke a change in the average costs associated with housing because the proposed amendments and new rule concern electrical contractor licensure requirements.  

Smart Growth Development Impact Analysis  

The proposed amendments and new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments and 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 because the proposed amendments and new rule concern electrical contractor licensure requirements.  

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 proposal follows (additions indicated in boldface   thus; deletions indicated in brackets [thus]):  

SUBCHAPTER 2.   LICENSURE AND BUSINESS PERMIT REQUIREMENTS  

13:31-2.1    Qualifications of applicants  

(a) Applicants for examination for a license as an electrical contractor shall present proof to the Board that the applicant:  

1.-2. (No change.)  

[3. Has had, immediately preceding the submission of the application, at least five years of practical hands-on experience working with tools in the installation, alteration, or repair of wiring for electric light, heat or power, which work shall have been done in compliance with the National Electrical Code. "Practical hands-on experience" shall not include time spent in supervising, engaging in the practice of engineering, estimating and performing other managerial tasks. In the alternative, the applicant may satisfy the practical hands-on experience requirement by having:  

i. Completed a four-year apprenticeship program approved by both a Federal agency and a Federally certified State agency and at least one year of practical hands-on experience as defined in (a)3 above. A certificate of completion issued by the apprenticeship program and a certification by an employer regarding the additional year of practical hands-on experience shall be submitted with the application for the electrical contractor's examination; or  

ii. Satisfied the eligibility requirements for a qualified journeyman electrician as set forth in N.J.A.C. 13:31-5.1 and completed at least one year of practical hands-on experience as defined in (a)3 above. The applicant shall submit proof of having satisfied the eligibility [page=1475] requirements of a qualified journeyman electrician in N.J.A.C. 13:31-5.1 and a certification by an employer regarding the additional year of practical hands-on experience;  

iii. Earned a bachelor's degree in electrical engineering and completed two years of practical hands-on experience as defined in (a)3 above. The applicant shall submit a copy of his or her diploma and a certification by an employer regarding the additional two years of practical hands-on experience; or  

iv. Worked in the field of electrical contracting for at least five years immediately preceding the date of application. The applicant shall submit a certification by an employer establishing that the applicant has at least five years of practical hands-on experience as defined in (a)3 above.]  

3.    Has met the experience requirements set forth at N.J.A.C. 13:31-2.3.   

(b) In addition to the requirements at (a) above, applicants for examination for a license as an electrical contractor shall submit the application fee as set forth at N.J.A.C. 13:31-1.6.  

(c) After an applicant has successfully passed the licensing examination, the applicant shall submit the license fee as set forth at N.J.A.C. 13:31-1.6.  

13:31-2.3          Experience requirements  

(a) For purposes of this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:  

"Accredited and approved" means that an apprenticeship program is registered with or approved by the United States Department of Labor.  

"Journeyman electrician" means an individual who has successfully completed four years of a United States Department of Labor-accredited and approved apprenticeship. A "journeyman electrician" shall not be deemed a "qualified journeyman," as that term is used at N.J.A.C. 13:31-5 and shall not supervise the performance of electrical work pursuant to N.J.A.C. 13:31-3.4.  

"One year of employment" means 2,000 hours of practical hands-on experience.  

"Practical hands-on experience" means experience working with tools in the installation, alteration, or repair of wiring for electric light, heat, or power, which work shall have been done in compliance with the National Electrical Code. "Practical hands-on experience" shall not include time spent in supervising or engaging in the practice of engineering, estimating, or performing managerial tasks.  

  (b) Applicants for examination for a license as an electrical contractor shall present proof to the Board that the applicant:  
1. Has been, for a period of at least five years immediately preceding the submission of the application, employed or engaged in the business of electrical construction and installation. During that period, the applicant shall have:  
i. Successfully completed a four-year electrical apprenticeship program accredited and approved by the United States Department of Labor while actively engaged or employed as an electrical apprentice.  
(1) As proof of successful completion of the electrical apprenticeship program, the applicant shall submit a copy of a Certificate of Completion issued by the United States Department of Labor; and  
ii. Obtained at least one year of practical hands-on experience as a journeyman electrician.  
(1) The applicant shall complete the four-year electrical apprenticeship program prior to spending at least one year as a journeyman electrician.  
(2) For the purposes of (b)1ii above, one year of practical hands-on experience shall mean 2,000 hours.  
(c) Between December 17, 2018 and December 17, 2022, for an applicant who was employed in the electrical trade prior to December 17, 2018, or enrolled in a formal electrical apprenticeship program completed prior to December 17, 2018, the Board shall accept one year of employment, in lieu of one year's enrollment in an electrical apprenticeship program, accredited and approved by the United States Department of Labor, up to a maximum total credit of four years.  
1. As proof of each year of employment, the applicant shall submit, on a form provided by the Board, an affidavit from each employer acknowledging the number of hours that the applicant has had practical hands-on experience. In lieu of an affidavit, the Board shall accept as proof of employment   copies of filed income tax returns or W-2 forms.  
13:31-[2.3]  2.4            (No change in text.)  
13:31-[2.4]  2.5            License reactivation  
(a) A licensee who holds an inactive license pursuant to N.J.A.C. 13:31-[2.3(c)]  2.4(c) may apply to the Board for reactivation of the inactive license. A licensee seeking reactivation of an inactive license shall submit:  
1.-4. (No change.)  
(b) (No change.)  
13:31-[2.5]  2.6            License reinstatement  
(a) Pursuant to N.J.S.A. 45:1-7.1.c, a licensee who has had his or her license suspended pursuant to N.J.A.C. 13:31-[2.3(e)]  2.4(e) may apply to the Board for reinstatement. A licensee applying for reinstatement shall submit:  
1.-6. (No change.)  
(b) (No change.)  
13:31-[2.6]  2.7            Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces  
(a) An applicant who has served in the Armed Forces of the United States and who does not meet all of the training, education, and experience requirements for licensure [under]   pursuant to N.J.A.C. 13:31-2.1   and 2.3 may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for certification.  
(b) The Board shall issue a license to the applicant, if the applicant presents evidence to the Board that:  
1. (No change.)  
2. The relevant training, experience, and education the applicant has received in the military and outside the military is substantially equivalent in scope and character to the training, experience, and education required for licensure [under]   pursuant to N.J.A.C. 13:31-2.1   and 2.3.  
i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented[.]; and  
[ii. An applicant seeking credit for education courses completed while in the military and outside of the military that are not part of an earned bachelor's degree in electrical engineering shall submit to the Board a transcript of his or her education for a determination that the education courses completed are substantially equivalent in level, scope, and intent to the educational background under N.J.A.C. 13:31-2.1. For the purpose of determining substantial equivalence of the applicant's military education or training, the Board shall consider only those courses relevant to the practice of electrical engineering that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and]  
3. (No change.)  
(c)-(e) (No change.)  
13:31-[2.7]  2.8            (No change in text.)  
SUBCHAPTER 3.   STANDARDS OF PRACTICE  
13:31-3.3    Pressure seal and signature requirements  
(a)-(b) (No change.)  
(c) A licensee shall immediately return to the Board the previously issued official pressure seal when:  
[page=1476] 1. The licensee has had his or her license suspended or revoked as a result of either a disciplinary order or a failure to pay licensing fees, or has registered with the Board as inactive pursuant to N.J.A.C. 13:31-[2.4]  2.5;  
2.-4. (No change.)  
(d)-(h) (No change.)  
SUBCHAPTER 5.   QUALIFIED JOURNEYMAN ELECTRICIANS  
13:31-5.1    Registration as qualified journeyman electrician  
(a) A person shall register as a qualified journeyman electrician in order to engage in the activities set forth [in]   at N.J.S.A. 45:5A-18(k), and, if the person is not a licensee, in order to supervise the performance of electrical work pursuant to N.J.A.C. 13:31-3.4. In order to register as a qualified journeyman electrician, an applicant shall submit the registration fee set forth at N.J.A.C. 13:31-1.6 and shall submit a completed application that establishes that the applicant:  
1. (No change.)  
2. Has acquired 8,000 hours of practical experience working with tools in the installation, alteration or repair of wiring for electric light, heat or power, which work shall have been done in compliance with the National Electrical Code, and who has had a minimum of 576 classroom hours of related instruction. The requirement of practical experience shall not include time spent in supervising, engineering, estimating [and other], or   performing managerial tasks. At least 4,000 hours of the practical experience shall have been obtained within five years of the date of application; or  
3. (No change.)  
(b) (No change.)

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