54 N.J.R. 33(a)

VOLUME 54, ISSUE 1, JANUARY 3, 2022
RULE PROPOSALS

Reporter
54 N.J.R. 33(a)
NJ - New Jersey Register  >  2022  >  JANUARY  >  JANUARY 3, 2022  >  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. 13:31-1.7 and 5.5
Text

  Continuing Education Requirements
Authorized By: Board of Examiners of Electrical Contractors, Philameana Tucker, Executive Director.
Authority: N.J.S.A. 45:5A-6.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2022-002.
Submit written comments by March 4, 2022, 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 to its continuing education requirements for licensed electrical contractors and qualified journeyman electricians. The Board proposes to accept up to eight hours per triennial registration period of continuing education credit from Board-approved distance learning courses, except for the required 10-hour National Electrical Code (NEC) course, which must be in-person. In addition, the Board proposes to expand the sources of acceptable continuing education.  
The Board proposes to amend N.J.A.C. 13:31-1.7(c) to provide that the required NEC course must be in-person and that webinars and electronic media distance learning courses will not satisfy this requirement. The Board similarly proposes new N.J.A.C. 13:31-5.5(a)1 for qualified journeyman electrician continuing education requirements. The Board believes that licensees and registrants must take the NEC course in-person because the content of the course has public safety implications and, therefore, the attendees must be able to demonstrate, in-person, familiarity with the Board's requirements and how to navigate the NEC.  
Further, the Board proposes new N.J.A.C. 13:31-1.7(d)5, 6, and 7 to include additional sources of acceptable continuing education. The Board proposes to accept up to eight credits for the successful completion of a United States Department of Labor, Occupational Safety and Health Administration (OSHA)-approved online safety course, per registration period. The Board also proposes to accept up to 24 credits for continuing education programs approved by the State Board of Professional Engineers and Land Surveyors, per registration period, provided the licensee obtains a certificate of completion from the course sponsor and the program subject matter is relevant to the practice of electrical contracting as set forth in the Board's rules. The Board also proposes to accept up to two credits for a Board-approved continuing education program in the installation of natural or manufactured gas piping relevant to installing or repairing electric generators, per registration period.  
Proposed new N.J.A.C. 13:31-1.7(e)1i permits licensees to earn a maximum of eight credits per triennial registration period in Board-approved correspondence, self-study, televised, videotaped, teleconferences, webinars, and electronic media distance learning courses, provided that only two credits may be obtained per approved course and the program subject matter is relevant to the practice of electrical contracting as set forth in the Board's rules. Pursuant to proposed new N.J.A.C. 13:31-1.7(e)1ii, webinars and electronic distance learning courses that permit the instructor and licensee to interact with each other in real time are not subject to the credit amount limitations at proposed subparagraph (e)1i and sub-subparagraph (e)1i(1). The Board proposes to limit the number of credits it will accept per registration period for the following: (1) at proposed new paragraph (e)5, a licensee may receive up to eight credits per registration period for OSHA-approved online safety courses; (2) at proposed new paragraph (e)6, a licensee may earn up to 24 credits per registration period for a program approved by the State Board of Professional Engineers and Land Surveyors pursuant to N.J.A.C. 13:40-13; and (3) at proposed new paragraph (e)7, a licensee may earn up to two credits for a Board-approved program in the installation of natural or manufactured gas piping relevant to installing or repairing electric generators. The Board believes that these credit amount limitations are appropriate to ensure that an adequate amount of continuing education coursework is directly relevant to the practice of electrical contracting and electrical construction. Consistent with the proposed expansion of sources of continuing education, the Board also proposes to amend paragraph (f)1 to reference OSHA and the State Board of Professional Engineers and Land Surveyors.  
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 will have a positive social impact on licensees by letting them know that they have more [page=34] freedom to choose the sources of their continuing education credits. The Board also believes that requiring licensees and registrants to take the NEC continuing education course in-person will protect the safety of the public by ensuring that licensees and registrants are knowledgeable about the electrical code and changes to the code.  
Economic Impact  
The Board believes that the proposed amendments will not have any economic impact on the public or qualified journeyman electricians. To the extent the proposed amendments result in licensees increasing the number of non-in-person courses to satisfy their continuing education obligations, there may be a positive economic impact on licensees because of decreased costs resulting from satisfying continuing education obligations through lower-cost methods. The Board further believes that the proposed amendments may have a small impact on continuing education providers. Continuing education providers that develop distance learning programs may be able to offset a loss, if any, of revenues from decreased attendance at live events. Although the tuition for distance learning programs may be lower than for live events, distance learning programs may attract more students than live events because of their convenience.  
Federal Standards Statement  
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:5A-1 et seq., and are not subject to any Federal laws or standards.  
Jobs Impact  
The Board does not anticipate that the proposed amendments will increase or decrease jobs in the State.  
Agriculture Industry Impact  
The Board does not believe that the proposed amendments will have any impact on the agriculture industry of the State.  
Regulatory Flexibility Statement  
As the proposed amendments will impose no reporting, recordkeeping, or compliance requirements on continuing education providers, licensees, or registrants, a regulatory flexibility analysis is not required.  
Housing Affordability Impact Analysis  
The proposed amendments will have no 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 electrical contractor and qualified journeyman continuing education requirements.  
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 because the proposed amendments concern electrical contractor and qualified journeyman continuing education 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 1.   GENERAL RULES AND REGULATIONS  
13:31-1.7    Continuing education requirements  
(a) (No change.)  
(b) Each applicant for triennial license renewal shall be required to complete, during the preceding triennial period, except as provided [in]   at (b)1 below, a minimum of 34 credit hours of continuing education.  
1. (No change.)  
2. A licensee who completes more than the minimum continuing education credits set forth above in any triennial registration period may carry no more than eight of the additional credits into a succeeding triennial period[;].  
3. (No change.)  
(c) A licensee, who is not exempt pursuant to (b)1 above, shall complete a minimum of a 10 hour   in-person course of study relating to the most recent edition of the National Electrical Code, nine hours of which shall pertain to the code and one hour of which shall pertain to applicable State statutes and rules;   webinars and electronic media distance learning courses shall not satisfy this requirement. A licensee shall obtain the balance of continuing education credits in the following areas:  
1.-5. (No change.)  
(d) A licensee may obtain continuing education credits from the following:  
1.-2. (No change.)  
3. Authorship of a textbook or manual or a chapter of a textbook or manual directly related to the practice of electrical contracting in the State of New Jersey, provided the textbook or manual, as published, is at least 7,500 words in length; [and]  
4. Authorship of a published article related to the practice of electrical contracting in the State of New Jersey, provided the article, as published, is at least 250 words in length[.];  
5. Successful completion of a United States Department of Labor, Occupational Safety and Health Administration (OSHA)-approved online safety course, up to a maximum of eight credits per   triennial registration period pursuant to (e)5 below, and notwithstanding the credit amount limitations at (e)1i and (e)1i(1) below;  
6. Successful completion of an education program approved pursuant to N.J.A.C. 13:40-13 by the State Board of Professional Engineers and Land Surveyors, provided the licensee obtains a certificate of completion from the course sponsor and the program subject matter is consistent with (c)1 through 5 above, and provided that a licensee may earn a maximum of 24 credits per triennial registration period pursuant to (e)6 below; and  
7. Successful completion of a program in the installation of natural or manufactured gas piping relevant to installing or repairing electric generators approved by the Board pursuant to (h) below, provided that a licensee may earn a maximum of two credits per triennial registration period pursuant to (e) below.  
(e) Credit for continuing education shall be granted as follows for each triennial registration period:  
1. Attendance at continuing education programs and courses approved by the Board: one credit for each hour of attendance at an approved program or course. Credit shall not be granted for programs or courses that are less than one instructional hour long. Credit shall not be granted for more than eight instructional hours obtained in one day. Completion of an entire program or course or segment of program or course instruction shall be required in order to receive any continuing education credit[;].  
i. A licensee may earn a maximum of eight credits per triennial registration period in correspondence, self-study, televised, videotaped, teleconferences, webinars, and electronic media distance learning courses that have been approved by the Board pursuant to (h) below, consistent with the following:  
(1) No more than two credits may be obtained per approved course; and  
(2) The eight credits may be earned only in approved courses in the subject areas set forth at (c)1 through 5 above.  
ii. Webinars and electronic distance learning courses that are live and synchronous, permitting the instructor and licensee to interact with each other in real time, shall not be subject to the credit amount limitations set forth at (e)1i and 1i(1) above;  
2. (No change.)  
3. Authorship of a textbook or manual or a chapter of a textbook or manual: five continuing education credits per textbook or manual or chapter of a textbook or manual, to a maximum of 10 credits per triennial registration period; [and]  
[page=35] 4. Authorship of a published article: two continuing education credits per published article, to a maximum of eight credits per triennial registration period[.];  
5. A licensee may earn a maximum of eight credits per triennial registration period for successful completion of a program consistent with (d)5 above;  
6. A licensee may earn a maximum of 24 credits per triennial registration period for successful completion of a program consistent with (d)6 above; and  
7. A licensee may earn a maximum of two credits per triennial registration period for successful completion of a program that has been approved by the Board in subject matter consistent with (d)7 above.  
(f) The Board may perform audits on randomly selected licensees or upon any licensee who is the subject of a complaint received by the Board or who is the subject of any Board investigation to determine compliance with continuing education requirements. A licensee shall maintain the following documentation for a period of six years after completion of the credits and shall submit such documentation to the Board upon request:  
1. For attendance at programs or courses approved by the Board, OSHA,   or the State Board of Professional Engineers and Land Surveyors: a certificate of completion from the sponsor;  
2.-3. (No change.)   
(g)-(k) (No change.)  
SUBCHAPTER 5.   QUALIFIED JOURNEYMAN ELECTRICIANS  
13:31-5.5    Continuing education requirements  
(a) Upon triennial registration renewal, a qualified journeyman electrician shall attest that he or she has completed 10 credit hours of continuing education on the most recent edition of the National Electrical Code. Falsification of any information submitted on the registration renewal application may require an appearance before the Board and may subject the registrant to disciplinary action as set forth [in]   at  N.J.S.A. 45:1-21 et seq. Falsification of any information submitted on the registration renewal application by a qualified journeyman electrician who is also a licensed electrical contractor may also result in the suspension or revocation of his or her electrical contracting license. A licensed electrical contractor who satisfies the requirements [of]   at N.J.A.C. 13:31-1.7 shall be deemed to have satisfied the requirements of this section.  
1.    The 10 credit hours shall be conducted in-person.   Webinars and electronic media distance learning courses shall not satisfy this requirement.  
(b)-(g) (No change.)