50 N.J.R. 2211(a)

VOLUME 50, ISSUE 21, NOVEMBER 5, 2018
RULE PROPOSALS

Reporter
50 N.J.R. 2211(a)
NJ - New Jersey Register  >  2018  >  NOVEMBER  >  NOVEMBER 5, 2018  >  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 > STATE BOARD OF ELECTRICAL CONTRACTORS

Administrative Code Citation

Pre-Proposed Amendment: N.J.A.C. 13:31-4.1
Text

Notice of Pre-Proposal

Power Over the Ethernet

Authorized By: Philameana Tucker, Executive Director, Board of Examiners of Electrical Contractors.

Authority: N.J.S.A. 45:5A-6 and 18.

Pre-Proposal Number: PPR 2018-002.

   Take notice that the State Board of Electrical Contractors (Board) is soliciting comments regarding rules, or an exemption therefrom, for power over the Ethernet (POE).

On October 14, 2016, the Board received a petition for rulemaking from Custom Electronic Design & Installation Association (CEDIA), requesting that the Board amend its rule governing the limited telecommunications wiring exemption. The petitioner proposed that the Board amend N.J.A.C. 13:31-4.1 to add a new exemption for the design, installation, integration, erection, repair, maintenance, or alteration of products that transport voice, video, audio, and data signals in residential premises. During the Board's deliberative process, the petitioner raised questions concerning the ability of technology integrators, in accordance with the limited telecommunications wiring exemption, to install POE.

On May 9, 2018, the Board determined to deny CEDIA's petition for rulemaking (see 50 N.J.R. 1454(b)). The Board noted that, pursuant to N.J.A.C. 13:31-4.1, POE does not meet the requirements of the telecommunications wiring exemption. Therefore, an electrical contractor licensee is required to install a device or wires to power the device. As part of its denial, the Board also noted that there may be merit in initiating a rulemaking with respect to POE and that it intended to seek further input [page=2212] from the public and stakeholders. Accordingly, the Board invites comment on whether the Board should exempt from licensure and business permit requirements the installation or integration of POE, and, if so, any suggested rule language to establish such an exemption.

N.J.S.A. 45:5A-18 sets forth exemptions from the requirements of the Electrical Contractors Licensing Act of 1962. In accordance with this statutory provision, the Board has the authority to exempt from the business permit provisions of the Act, such electrical activities of like character, which in the Board's opinion warrants exclusion from the provisions of the Act. The Board notes that its authority to create an exemption is limited to the licensure and business permit requirements set forth at N.J.S.A. 45:5A-1 et seq., and not that of any other licensing board. The Board welcomes comments as to whether POE is of similar character as to the other established exemptions.

Comments on this notice of pre-proposal should be sent by January 4, 2019, to:

   Philameana Tucker, Executive Director,
   Board of Examiners of Electrical Contractors
   PO Box 45006
   Newark, New Jersey, 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.