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RULE PROPOSALS
VOLUME 44, ISSUE 15
ISSUE DATE: AUGUST 6, 2012
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS
FIRE ALARM, BURGLAR ALARM AND LOCKSMITH ADVISORY COMMITTEE

44 N.J.R. 2029(a)

Proposed Repeal and New Rule: N.J.A.C. 13:31A-1.12
Proposed Amendments: N.J.A.C. 13:31A-2.1 and 3.1
Proposed New Rule: N.J.A.C. 13:31A-1.16


 
Authorized By: Board of Examiners of Electrical Contractors, Howard Pine, Acting Executive Director.
 
Authority: N.J.S.A. 45:5A-24 and 45:5A-38.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2012-100.
 
Submit comments by October 5, 2012 to:
   Howard Pine, Acting Executive Director
   Board of Examiners of Electrical Contractors
   124 Halsey Street
   P.O. Box 45006
   Newark, New Jersey 07101
 
The agency proposal follows:
 
Summary
The Board of Examiners of Electrical Contractors (Board), in consultation with the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee (Committee), is proposing amendments, new rules, and a repeal to the continuing education requirements for licensed alarm installers and locksmiths. As part of this, the Board is proposing a new rule, which establishes the steps that must be taken for an alarm or locksmith business firm to continue to operate when a change in business qualifier occurs.
The Committee's existing continuing education rule, set forth at N.J.A.C. 13:31A-1.12, requires a licensee to complete 36 continuing education credits in each triennial registration period, for each Committee-issued license the licensee holds. The Committee believes that the requirement to obtain 36 continuing education credits for each license may be overly burdensome, and, therefore, believes that a reduction in the number of continuing education credits required for license renewal is warranted. In addition to decreasing the number of required credits, the Committee believes that additional modifications to N.J.A.C. 13:31A-1.12 are necessary to help ensure that the continuing education that licensees receive is comprehensive and well-rounded. In light of these various changes, and because the Committee believes that many of the existing provisions in the rule should be reorganized for clarity, the Committee is proposing to repeal existing N.J.A.C. 13:31A-1.12, and is proposing a new continuing education rule, also codified at N.J.A.C. 13:31A-1.12, in its place.
Proposed new N.J.A.C. 13:31A-1.12(a) requires all licensees to comply with the continuing education requirements set forth in the rule, with the exception of newly licensed individuals, who are not required to complete any continuing education for the triennial registration period in which they are initially licensed. The exception for newly licensed individuals is currently set forth in existing N.J.A.C. 13:31A-1.12(b)1, which is proposed for repeal.
Proposed new N.J.A.C. 13:31A-1.12(b) requires all licensees, irrespective of the type of Committee-issued license they hold, to complete 10 continuing education credits in certain mandatory subjects. [page=2030] Licensees will be required to complete two credits each in the Barrier Free Subcode, the New Jersey Uniform Construction Code, the Americans with Disabilities Act Code, industrial safety, and New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmith services. The Committee notes that under existing N.J.A.C. 13:31A-1.12, which is proposed for repeal, licensees must complete two credits in each of the first four subject areas delineated above, for a total of eight mandatory credits, in every triennial registration period. The proposed new rule will require licensees to take two additional credits in the area of New Jersey law and rules every license renewal cycle. The Committee believes that requiring all licensees to take two credits in the laws and rules governing the provision of alarm and locksmithing services in New Jersey is reasonable because it will help licensees stay abreast of any changes to the statutory and regulatory obligations imposed on their profession.
Proposed new N.J.A.C. 13:31A-1.12(c) sets forth the total number of credits a licensee must complete in each triennial registration period, based on the number of Committee-issued licenses he or she holds. As noted under subsection (b) above, each licensee is required to take 10 credits in five mandatory subject areas. In addition to those 10 credits, a licensee who holds one Committee-issued license -- whether it is a fire alarm license, a burglar alarm license, or a locksmith license -- must complete an additional 14 credits in courses relevant to the license's scope of practice, for a total of 24 credits. However, if the licensee holds a burglar alarm license only, three of the 14 credits must be in courses dealing with smoke detection systems. The requirement for burglar alarm installers to take three credits in courses concerning smoke detection systems is currently imposed on these licensees under subsection (c) of the existing rule, which proposed for repeal.
If a licensee holds two Committee-issued licenses, he or she must complete 14 credits for each license, for a total of 38 credits. The courses taken for each license must be relevant to the scope of the particular license. If one of the two licenses is a burglar alarm license, three of the 14 credits for that license must be in courses dealing with smoke detection systems. If a licensee holds all three Committee-issued licenses, he or she must complete 14 credits for each license, in license-relevant courses, for a total of 52 credits, including three credits in smoke detection systems.
Proposed new N.J.A.C. 13:31A-1.12(d) sets forth the activities for which a licensee may obtain continuing education credit. Consistent with the requirements set forth in existing N.J.A.C. 13:31A-1.12(d), which is proposed for repeal, a licensee may obtain credit for successful completion of continuing education courses or programs approved by the Committee; for participation in instructional activities, such as developing curriculum for a new program or course and/or teaching a new program or course; for authoring a textbook or manual; or for authoring a published article.
Proposed new N.J.A.C. 13:31A-1.12(e) establishes the criteria for the granting of continuing education credit. Under the proposed new rule, licensees may continue to earn one credit for each hour of attendance at courses or programs approved by the Committee, as is now authorized under existing N.J.A.C. 13:31A-1.12(e), which is proposed for repeal. The Committee, however, is proposing a change to the existing requirements in order to permit licensees to earn up to 10 continuing education credits, for each license they hold, in Committee-approved correspondence, self study, televised, videotaped, teleconference, or internet courses. The Committee believes that this change will provide licensees with added flexibility with which to meet their continuing education obligations. Subsection (e) also continues to provide that licensees serving as lecturers or instructors may earn one credit per hour of program or course instruction. The maximum number of credits licensees may receive for such activities is proposed to be decreased from 15 credits, to 12 credits per triennial registration period. The Committee is proposing to retain the current provision that licensees may earn five credits per textbook or manual authored to a maximum of 10 credits per renewal period for each license held. Licensees may also continue to claim two credits per published article they author, but only for a maximum of six credits per renewal period for each license, as opposed to the current maximum of eight credits.
Proposed new N.J.A.C. 13:31A-1.12(f) establishes requirements for sponsors of continuing education programs or courses, and is consistent with the requirements currently imposed under existing N.J.A.C. 13:31A-1.12(h), which is proposed for repeal. However, the Committee is proposing certain modifications to the new rule from the existing rule. Proposed new subsection (f) continues to provide that all sponsors who are certified by the International Association for Continuing Education and Training (IACET) will be pre-approved by the Committee, provided that the sponsors submit certain information about each course, seminar or program offered. The proposed new rule will require all sponsors to submit required information at least 60 days prior to the date the course or program will be offered. The Committee believes that this requirement is necessary to ensure that it has adequate time to review the submitted information prior to the scheduled offering; there was no timeframe for submission in the existing rule.
New subsection (f) also continues to require that all sponsors monitor attendance at approved courses and programs, and provide attendees with a certification of attendance form. However, the form must now include a Committee-assigned instructor number, which will permit the Committee to cross-check information submitted by licensees with its sponsor information on file. The proposed new rule also requires sponsors to maintain course attendance documentation for six years following the course presentation, consistent with the recordkeeping requirement currently imposed on licensees. Licensees will continue to be required to retain such documentation for six years as required under existing subsection (f), as discussed below. Sponsors were not required to maintain these records under the existing rule proposed for repeal. All sponsors must also continue to solicit program or course evaluations from both participants and instructors. Finally, new subsection (f) requires all sponsors to submit a $ 100.00 fee for course review, as was required at existing subsection (h), which is proposed for repeal.
The Committee is proposing a change to the sponsor submission requirements, reflected in proposed new subsection (g), which will obviate the need for sponsors to resubmit for Committee-approval certain courses that have been previously approved. Under the existing rule, a sponsor of a course or program offering that has been previously approved by the Committee must reapply to the Committee, and submit the $ 100.00 course review fee, in each triennial period in which they wish to offer the course. Under the proposed new rule, a sponsor will be required to make this submission only if there are changes to the course content, hours of instruction, or course lecturer of the previously approved offering. If there are no changes in course content, hours of instruction, or course lecturer, the sponsor will not be required to reapply to the Committee for approval prior to offering the course or program in subsequent renewal periods. The Committee notes that this new requirement is consistent with amendments to its continuing education rule at N.J.A.C. 13:31-1.7, recently adopted on December 19, 2011, by the Board at 43 N.J.R. 1578(a); 3367(b).
Proposed new N.J.A.C. 13:31A-1.12(h) authorizes the Committee to perform audits on randomly selected licensees to determine compliance with the continuing education requirements of the rule, consistent with the requirements currently set forth in existing N.J.A.C. 13:31A-1.12(f), which is proposed for repeal. Proposed new N.J.A.C. 13:31A-1.12(i) and (j) establish requirements for the waiver of continuing education requirements and authorize the Committee to direct or order licensees to complete additional continuing education credits. These provisions are consistent with the requirements set forth in existing N.J.A.C. 13:31A-1.12(g) and (i).
Proposed new N.J.A.C. 13:31A-1.12(k) provides that a licensee who obtains more than the required number of continuing education credits in any triennial registration period may carry over up to a total of eight credits, irrespective of the number of Committee-issued licenses held, into a succeeding triennial registration period, consistent with the provisions of existing N.J.A.C. 13:31A-1.12(b)2. Proposed new N.J.A.C. 13:31A-1.12(l) provides that upon triennial license renewal, a licensee must attest that he or she has satisfied the continuing education requirements of the rule. Falsification of any information submitted on the renewal application may require an appearance before the Committee and may result in penalties and/or suspension of the license, consistent with the provisions of existing N.J.A.C. 13:31A-1.12(a). Under existing [page=2031] N.J.A.C. 13:31A-1.12(b)3, a licensee who holds multiple licenses could use 12 credits of the 36 completed for one license towards the total of 36 credits he or she had to complete the second or third license. The proposed new rule does not include such a provision, as the total number of credits a licensee with multiple licenses must complete has been reduced.
The Committee is also proposing new N.J.A.C. 13:31A-1.16, concerning the steps that must be taken when an alarm or locksmith business firm experiences a change in business qualifier. The proposed new rule provides that if the business qualifier for the business firm is terminated or resigns, or is rendered incapable of fulfilling his or her professional duties due to death, illness, or other condition, the business firm may continue to operate for six months, provided that the firm immediately notifies the Committee in writing of the business qualifier's change in status. The firm must provide the Committee with the name of a new licensee, a supervising employee, or other person with substantially equivalent experience, who will assume the responsibilities of the business qualifier during this six-month period. A business qualifier who is terminated, resigns, or is rendered incapable of fulfilling his or her professional duties, must also immediately notify the Committee in writing of the change in his or her status.
During this six-month period, the firm may complete work in progress and may contract for new work, provided that all work is performed or supervised by the person whose name has been provided to the Committee. The business firm may apply to the Committee for an additional six-month extension upon a showing of good cause. However, at the end of either the initial six-month period or the additional six-month extension period, the business firm must either cease operation or must provide the Committee with the name of a licensee who will assume the duties of the business qualifier for the business firm on a permanent basis. The Committee believes that the proposed new rule is necessary in order to permit an alarm or locksmith business to satisfy its business obligations when a change in the company's qualifier occurs, and will provide the firm with adequate time to hire a new business qualifier if the business firm intends to stay in business. The Committee notes that the proposed new rule is consistent with the requirements imposed by the Board on electrical contracting businesses under Board rule N.J.A.C. 13:31-3.3.
The Committee is proposing amendments to N.J.A.C. 13:31A-2.1(a)7 and 3.1(a)7i, which require applicants for initial licensure as alarm installers and locksmiths, respectively, to obtain instruction in certain mandatory subject areas prior to licensure, in light of the changes that the Committee is proposing in new N.J.A.C. 13:31A-1.12(b). The proposed amendments require applicants for initial licensure to take two hours of training in New Jersey law and rules, in addition to the currently required eight hours of instruction in the Barrier Free Subcode, the New Jersey Uniform Construction Code, the Americans with Disabilities Act Code, and industrial safety. The Committee believes that two hours of instruction in the law and rules governing the provision of alarm and locksmithing services in New Jersey will be beneficial for applicants for initial licensure, and will help to ensure that they are familiar with the statutory and regulatory obligations imposed on their profession prior to commencing work in the State. This requirement does not change the total amount of practical hands-on experience an applicant seeking a burglar alarm or fire alarm license must obtain, it merely reallocates the time.
The Committee has provided a 60-day comment period for 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.
 
Social Impact
The Committee believes that the proposed repeal and new rule at N.J.A.C. 13:31A-1.12 will have a positive impact on burglar alarm, fire alarm, and locksmith licensees and on the consumers they serve. Specifically, the Committee believes that the new requirement that all licensees obtain two credits of continuing education in each triennial renewal period in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services, will help ensure that licensees are familiar with the statutory and regulatory obligations with which they must comply. In addition, the Committee believes that the proposed amendments to N.J.A.C. 13:31A-2.1 and 3.1, which will require applicants for initial licensure as alarm installers and locksmiths to obtain similar training, will have a similar positive impact on applicants for initial licensure by ensuring that they are familiar with New Jersey laws and rules prior to commencing work for New Jersey consumers.
The Committee believes that proposed new N.J.A.C. 13:31A-1.16 will have a positive impact on burglar alarm, fire alarm, and locksmith business firms whose business qualifier is terminated or resigns, or is rendered incapable of fulfilling his or her professional duties, and on the consumers such businesses serve, by clarifying what steps the business firm must take in such situations in order to continue to meet its obligations to consumers who have contracted for work.
 
Economic Impact
The Committee believes that the proposed repeal and new rule at N.J.A.C. 13:31A-1.12 will have a positive economic impact on licensees by decreasing the total number of continuing education credits required for the renewal of each Committee-issued license. The Committee notes that although licensees and applicants for initial licensure may incur costs to obtain two hours of instruction in New Jersey law and rules, required pursuant to N.J.A.C. 13:31A-1.12(b), 2.1(a)7 and 3.1(a)7i, these costs may be off-set by the cost-savings that may result from the overall reduction in the total number of credits required for license renewal. In addition, the Committee believes that the requirement proposed in N.J.A.C. 13:31A-1.12(e), which will allow licensees to obtain up to 10 credits in each triennial registration period in approved correspondence or internet study courses, may have a positive economic impact on licensees. Licensees may experience cost savings to the extent that taking such courses may allow them to incur fewer travel expenses, and to schedule course attendance in such a manner as to have the least impact on their business operations.
The Committee believes that the requirement in proposed new N.J.A.C. 13:31A-1.12(g) may also have a positive economic impact on continuing education sponsors that have previously obtained Committee approval of course or program offerings. Such sponsors may continue to offer approved courses or programs in subsequent triennial renewal periods, provided there are no changes in course content, hours of instruction, or course lecturer, without having to reapply to the Committee for approval and without having to submit an additional $ 100.00 review fee. The new requirement, however, will have no impact on sponsors of previously approved courses or programs in which a change in course content, hours of instruction, or course lecturer occurs. Such sponsors must continue to submit required course documentation and the $ 100.00 fee to the Committee for re-review and re-approval of the courses or programs. While the proposed new rule does not include a provision by which a licensee who holds multiple licenses may apply up to 12 continuing education credits completed to satisfy the requirements for one license to his or her second or third license, there should be no economic impact on licensees as the total number of credits that such licensees have to complete has been greatly reduced.
The Committee believes that proposed new N.J.A.C. 13:31A-1.16 will have a positive economic impact on business firms that experience the loss of a business qualifier, by permitting such businesses to continue to operate for up to two six-month periods. The Committee believes that although some businesses may incur costs associated with submitting required information to the Committee, such costs will be outweighed by the benefits associated with being permitted to complete work already begun and to contract for the performance of new work during this transition period.
 
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments, new rules, and repeal are governed by N.J.S.A. 45:5A-1 et seq., and are not subject to any Federal standards or requirements. Although the rules at N.J.A.C. 13:31A are not subject to any Federal requirements or standards, where deemed appropriate, the Committee has voluntarily required licensees and business license holders to comply with applicable Federal laws and regulations. Specifically, proposed new N.J.A.C. 13:31A-1.12 requires all burglar alarm, fire alarm, and locksmith licensees to take two credits of continuing education per triennial renewal period in a course that covers the Americans with [page=2032] Disabilities Act Code, set forth at 36 CFR 1191. In addition, applicants for initial licensure as burglar alarm or fire alarm installers and locksmiths are required to complete two hours of training in the Americans with Disabilities Act Code, pursuant to N.J.A.C. 13:31A-2.1 and 3.1.
 
Jobs Impact
The Committee does not believe that the proposed amendments, new rules, and repeal will result in an increase or decrease in the number of jobs in the State.
 
Agriculture Industry Impact
The proposed amendments, new rules, and repeal will have no impact on the agriculture industry in the State.
 
Regulatory Flexibility Analysis
Currently, the Committee has approximately 3,800 licensed burglar alarm and fire alarm installers and locksmiths, and 350 licensed alarm and locksmithing businesses. In addition, approximately 60 sponsors of continuing education have obtained Committee approval for their courses and programs. If Committee licensees and such sponsors are considered "small businesses," within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.
Proposed new rules N.J.A.C. 13:31A-1.12 and 1.16 will impose reporting, recordkeeping or compliance requirements upon licensed alarm installers and locksmiths and licensed businesses. These requirements are discussed in the Summary above. The Committee notes that proposed new rule N.J.A.C. 13:31A-1.12 will not impose any new reporting or compliance requirements upon continuing education sponsors, but will impose recordkeeping requirements on sponsors, as discussed in the Summary above. The new rule will continue to require sponsors of approved courses to reapply to the Committee and pay an additional $ 100.00 review fee whenever there are any changes in course context, hours of instruction, or course lecturer for a previously approved course.
No additional professional services will be needed to comply with the proposed amendments, new rules, and repeal. The costs of compliance with the proposed amendments, new rules, and repeal are discussed in the Economic Impact statement above. The Committee believes that the proposed amendments, new rules, and repeal should be uniformly applied to all licensed burglar alarm and alarm installers, licensed locksmiths, and licensed alarm and locksmith businesses, in order to ensure the health, safety, and welfare of the general public in the provision of alarm and locksmith services. Therefore, no differing compliance requirements for any licensees are provided based upon the size of the business.
 
Housing Affordability Impact Analysis
The proposed amendments, new rules, and repeal will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments, new rules, and repeal concern continuing education and initial licensure requirements for alarm installers and locksmiths, and the requirements necessary to continue the operations of an alarm or locksmith business when a change in business qualifier occurs.
 
Smart Growth Development Impact Analysis
The proposed amendments, new rules, and repeal will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules 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, new rules, and repeal concern continuing education and initial licensure requirements for alarm installers and locksmiths, and the requirements necessary to continue the operations of an alarm or locksmith business when a change in business qualifier occurs.
 
Full text of rule proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:31A-1.12.
 
Full text of the proposed amendments and new rules follow (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    GENERAL PROVISIONS
 
13:31A-1.12   Continuing education requirements
 
(a) A licensee shall satisfy the continuing education requirements in (b) and (c) below in each triennial registration period, except that a licensee shall not be required to complete any continuing education for the triennial registration period in which he or she is initially licensed.
 
(b) Each licensee shall obtain 10 continuing education credits in each triennial registration period in the following:
 
1. Two credits in the Barrier Free Subcode, N.J.A.C. 5:23-7;
 
2. Two credits in the New Jersey Uniform Construction Code, N.J.A.C. 5:23, exclusive of the Barrier Free Subcode;
 
3. Two credits in the Americans with Disabilities Act Code, 36 CFR 1191;
 
4. Two credits in industrial safety; and
 
5. Two credits in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services.
 
(c) In addition to the 10 continuing education credits set forth in (b) above, each licensee shall complete the following, as appropriate:
 
1. If a licensee holds one Committee-issued license, he or she shall complete 14 credits in courses relevant to the scope of practice of the license held, for a total of 24 credits. If a licensee holds a burglar alarm license, three of the 14 credits shall be in courses that concern smoke detection systems.
 
2. If a licensee holds two Committee-issued licenses, he or she shall complete 14 credits for each license held, in courses relevant to the scope of practice for each license, for a total of 38 credits. If a licensee holds a burglar alarm license, three of the 14 credits for that license shall be in courses that concern smoke detection systems.
 
3. If a licensee holds three Committee-issued licenses, he or she shall complete 14 credits for each license held, in courses relevant to the scope of practice for each license, for a total of 52 credits. Three of the 14 credits for the burglar alarm license shall be in courses that concern smoke detection systems.
 
(d) A licensee may obtain continuing education credits from the following activities, provided the subject matter is relevant to the scope of practice of the Committee-issued license held by the licensee:
 
1. Successful completion of continuing education courses or programs approved by the Committee following sponsor submission as provided in (f) below. The Committee shall maintain a list of all programs, courses, and lectures approved by the Committee following sponsor submission and shall furnish this information to licensees upon request;
 
2. Participation in instructional activities, such as developing curriculum for a new program or course and/or teaching a new program or course. "New" means that the licensee has never taught or developed curriculum for that course or program in any educational setting, except that:
 
i. A licensee shall receive continuing education credit for teaching Committee-approved continuing education courses on the Barrier Free Subcode, the New Jersey Uniform Construction Code, the Americans with Disabilities Act Code, industrial safety, and New Jersey law and rules, irrespective of whether the licensee has previously taught the course; and
 
ii. A licensee who teaches such a course shall be deemed to have satisfied the continuing education credit requirements set forth in (b) above regarding Barrier Free Subcode, New Jersey Uniform Construction Code, Americans with Disabilities Act Code, industrial safety, or New Jersey law and rules, as applicable to the course taught, for the triennial licensing period during which the course was taught;
 
3. Authorship of a textbook or manual provided the textbook or manual, as published, is at least 7,500 words in length; and
 
4. Authorship of a published article provided the article, as published, is at least 250 words in length.
 
(e) Credit for continuing education shall be granted as follows:
 
1. Attendance at continuing education programs and courses: one credit for each hour of attendance at an approved program or course. Credit shall not be granted for programs or courses that are [page=2033] 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. A licensee may obtain no more than 10 credits in each triennial registration period, for each Committee-issued license, for completing Committee-approved correspondence, self study, televised, videotaped, teleconference, or internet courses;
 
2. Participation in instructional activities: one credit per hour of program or course instruction to a maximum of 12 credits per triennial registration period for each Committee-issued license;
 
3. Authorship of a textbook or manual: five credits per textbook or manual, to a maximum of 10 credits per triennial registration period for each Committee-issued license; and
 
4. Authorship of a published article: two credits per published article, to a maximum of six credits per triennial registration period for each Committee-issued license;
 
(f) All sponsors of continuing education programs or courses seeking Committee-approval of a course or program shall:
 
1. Obtain Committee approval prior to representing that any course, seminar, or program fulfills the requirements of this section. All sponsors seeking approval who have received certification from the International Association for Continuing Education and Training (IACET) shall be pre-approved by the Committee for courses related to the provision of fire alarm, burglar alarm, or locksmithing services and shall not be required to comply with the requirements of (f)2 and 6 below, except that such sponsors shall be required to submit a detailed description of course content and hours of instruction for each course, seminar, or program offered;
 
2. Submit the following for each course or program offered, for evaluation by the Committee, at least 60 days prior to the date the course or program is scheduled to be offered:
 
i. A detailed description of course content and the hours of instruction; and
 
ii. The curriculum vitae of each lecturer, including specific background that qualifies the individual as a lecturer of repute in the area of instruction;
 
3. Monitor the attendance at each approved course and furnish, to each enrollee, a verification of attendance, which shall include at least the following information:
 
i. Title, date, and location of program or course offering;
 
ii. Name and license number of attendee;
 
iii. Number of hours attended;
 
iv. Name and signature of officer or responsible party; and
 
v. The Committee-assigned instructor number;
 
4. Maintain course attendance documentation for a period of six years following course presentation;
 
5. Solicit program or course evaluations from both the participants and the instructors; and
 
6. Submit a fee pursuant to N.J.A.C. 13:31A-1.4 for each submission of course or program offering(s) for which Committee approval is sought.
 
(g) A sponsor of a course or program offering that has been previously approved by the Committee shall reapply to the Committee for approval of the course or program only if there are any changes to the course content, hours of instruction, or course lecturer. The sponsor shall resubmit to the Committee the documentation and continuing education sponsor fee set forth in (f)2 and 6 above, respectively. If there are no changes in course content, hours of instruction, or course lecturer for a previously approved course, or program, the sponsor shall not be required to reapply to the Committee for approval prior to offering the course or program in subsequent renewal periods.
 
(h) The Committee may perform audits on randomly selected licensees to determine compliance with the continuing education requirements of this section. 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 Committee upon request:
 
1. For attendance at programs or courses approved by the Committee: a certificate of completion from the sponsor;
 
2. For publication of a manual, textbook, or article: the published item, including the date of publication; and
 
3. For developing curriculum or teaching a course or program: documentation, including a copy of the curriculum, location, date and time of course, duration of course by hour, and letter from the sponsor confirming that the licensee developed or taught the course or program.
 
(i) The Committee may waive the continuing education requirements of this section on an individual basis for reasons of hardship, such as severe illness, disability, or military service.
 
1. A licensee seeking a waiver of the continuing education requirements shall apply to the Committee in writing at least 90 days prior to license renewal and set forth in specific detail the reasons for requesting the waiver. The licensee shall provide the Committee with such supplemental materials as will support the request for waiver.
 
2. A waiver of continuing education requirements granted pursuant to this subsection shall only be effective for the triennial period in which such waiver is granted. If the condition(s) which necessitated the waiver persists into the next triennial period, a licensee shall apply to the Committee for the renewal of such waiver for the new triennial period.
 
(j) The Committee may direct or order a licensee to complete continuing education credits as a disciplinary or remedial measure or in order to correct a deficiency in the licensee's continuing education requirements. Any continuing education credits completed by the licensee in compliance with an order or directive from the Committee may not be used to satisfy the continuing education requirements of this section.
 
(k) A licensee who obtains more than the required number of continuing education credits in any triennial registration period may carry over up to a total of eight credits, irrespective of the number of Committee-issued licenses held, into a succeeding triennial registration period.
 
(l) Upon triennial license renewal, a licensee shall attest that he or she has satisfied the continuing education requirements of this section. Falsification of any information submitted on the renewal application may require an appearance before the Committee and may result in penalties and/or suspension of the license pursuant to N.J.S.A. 45:1-21 et seq.
 
13:31A-1.16   Change in business qualifier
 
(a) If the business qualifier for a burglar alarm, fire alarm, or locksmithing business is terminated or resigns, or is rendered incapable of fulfilling his or her professional duties due to death, illness, or other condition, the business firm may continue to operate for six months from the date of the business qualifier's death, incapacity, termination, or resignation provided that:
 
1. The business firm immediately notifies the Committee in writing of the business qualifier's change in status with the firm and the name of a new licensee, a supervising employee, or other person with substantially equivalent experience who shall assume the responsibilities of the business qualifier during the six-month period; and
 
2. The burglar alarm, fire alarm, or locksmithing business complies with all the provisions of the Act and the rules set forth in this chapter.
 
(b) A business qualifier who is terminated, resigns, or is rendered incapable of fulfilling his or her professional duties shall immediately notify the Committee in writing of the change in his or her status.
 
(c) During the six-month period authorized under (a) above, a burglar alarm, fire alarm, or locksmithing business may complete work in progress and may contract for new work provided that all such work is performed or supervised by the person whose name is provided to the Committee pursuant to (a)1 above.
 
(d) Upon application by the business firm prior to the expiration of the six-month period authorized under (a) above, the Committee may, for good cause shown, permit the burglar alarm, fire alarm, or locksmithing business to operate under the supervision of the person [page=2034] whose name is provided to the Committee pursuant to (a)1 above for an additional six-month period.
 
(e) By the end of either the initial six-month period or the additional six-month extension period, the burglar alarm, fire alarm, or locksmithing business shall either cease operation or shall provide the Committee with the name of the licensee who will assume the duties of the business qualifier for the business firm.
 
13:31A-2.1   Requirements for locksmith licensure
 
(a) An applicant seeking licensure as a locksmith shall:
 
1.-6. (No change.)
 
7. Have three years immediately preceding the submission of the application successfully completed two hours of training in the Barrier Free Subcode, N.J.A.C. 5:23-7, two hours of training in the New Jersey Uniform Construction Code, N.J.A.C. 5:23, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act Code, 36 CFR 1191, [and] two hours of training in industrial safety, and two hours of training in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services.
 
13:31A-3.1   Requirements for burglar alarm or fire alarm licensure
 
(a) All applicants seeking licensure to engage in the burglar alarm or fire alarm business shall:
 
1.-6. (No change.)
 
7. Have immediately preceding the submission of the application, at least four years of experience in burglar alarm or fire alarm business, which shall be satisfied by one of the following:
 
i. Proof that the applicant has completed at least four years of practical hands-on experience, which shall include a minimum of 6,720 hours, working with tools in the installation, alteration, or repair of wiring for fire alarms, burglar alarms, and/or electronic security systems and proof that the applicant has completed 80 hours of technical courses applicable to the field in which the applicant is seeking licensure. The 80 hours of technical courses shall include two hours of training in the Barrier Free Subcode, N.J.A.C. 5:23-7, two hours of training in the New Jersey Uniform Construction Code, N.J.A.C. 5:23, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act Code, 36 [C.F.R. §] CFR 1191, two hours of training in industrial safety, two hours of training in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services, and [72] 70 hours of training in trade-related subjects. "Practical hands-on experience" shall not include time spent supervising, engaging in the practice of engineering, estimating, and performing other managerial tasks relevant to the alarm business. The applicant shall submit a certification by an employer verifying the applicant's practical hands-on experience;
 
ii.-iii. (No change.)



 


 

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