Proposed Repeals: N.J.A.C. 13:31A-2.2, 2.4 and 3.3

FIRE ALARM, BURGLAR ALARM AND LOCKSMITH ADVISORY COMMITTEE

Locksmith Grandfathering; Waiver of Examination Requirements

Authorized By: Barbara A. Cook, Executive Director, Board of Examiners of Electrical Contractors.

Authority: N.J.S.A. 45:5A-23 et seq., specifically 45:5A-27, 30 and 38.

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

Proposal Number: PRN 2006-313.

Submit comments by November 17, 2006 to:

Barbara A. Cook, Executive Director
Board of Examiners of Electrical Contractors
124 Halsey Street
P.O. Box 45006
Newark, N.J. 07101

The agency proposal follows:

Summary

Consistent with the rulemaking authority set forth in N.J.S.A. 45:5A-38, the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee (the Committee), in consultation with the Board of Examiners of Electrical Contractors, is proposing to repeal several rules contained in Chapter 31A. N.J.A.C. 13:31A-2.2 sets forth the grandfathering option for licensure as a locksmith and provides that an applicant for a locksmith license who applies prior to September 15, 2004 shall be granted a license if he or she satisfies the requirements set forth in the rules. N.J.A.C. 13:31A-2.4 and 3.3 provide for a waiver of the locksmith or alarm examination, respectively, for applicants who satisfy the requirements of the rules and who apply by July 13, 2004. Because the time has expired for applicants for licensure to avail themselves of the grandfathering or waiver of examination options specified in the rules, the Committee is proposing to repeal the rules and reserve N.J.A.C. 13:31A-2.2, 2.4 and 3.3 at this time.

The Committee has determined that the comment period for this proposal shall be 60 days. Therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The proposed repeal of N.J.A.C. 13:31A-2.2, 2.4 and 3.3 will not have any impact because the time periods specified in the rules for grandfathering of locksmith licensees and the waiver of the locksmith and alarm examinations for certain applicants have passed.

Economic Impact

The proposed repeal of N.J.A.C. 13:31A-2.2, 2.4 and 3.3 will not have any impact because the time periods specified in the rules for grandfathering of locksmith licensees and the waiver of the locksmith and alarm examinations for certain applicants have passed.

Federal Standards Statement

A Federal standards analysis is not required because the proposed repeal of N.J.A.C. 13:31A-2.2, 2.4 and 3.3 is governed by N.J.S.A. 45:5A-23 et seq., and the rules are not subject to any Federal requirements or standards.

Jobs Impact

The proposed repeal of N.J.A.C. 13:31A-2.2, 2.4 and 3.3 will not result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The proposed repeal of N.J.A.C. 13:31A-2.2, 2.4 and 3.3 will have no impact on the agriculture industry in the State.

Regulatory Flexibility Statement

The proposed repeal of N.J.A.C. 13:31A-2.2, 2.4 and 3.3 will have no impact upon applicants for licensure because the time periods specified in the rules for grandfathering of locksmith licensees and the waiver of the locksmith and alarm examinations for certain applicants have passed. Moreover, because applicants for licensure are not considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., a regulatory flexibility analysis is not required.

Smart Growth Impact

The Committee does not believe that the proposed repeal of N.J.A.C. 13:31A-2.2, 2.4 and 3.3 will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:31A-2.2, 2.4 and 3.3.