Bill Text: NJ S1099 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires registration of qualified journeyman electricians and restricts exemption for certain electrical work by public electric utilities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-01-23 - Introduced in the Senate, Referred to Senate Commerce Committee [S1099 Detail]
Download: New_Jersey-2012-S1099-Introduced.html
Sponsored by:
Senator NIA H. GILL
District 34 (Essex and Passaic)
SYNOPSIS
Requires registration of qualified journeyman electricians and restricts exemption for certain electrical work by public electric utilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning qualified journeyman electricians and amending P.L.1962, c.162 and P.L.2001, c.21.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1962, c.162 (C.45:5A-2) is amended to read as follows:
2. For the purpose of this act, unless otherwise indicated by the context:
(a) "Act" means this act, P.L.1962, c.162 (C.45:5A-1 et seq.) and the rules and regulations adopted under it;
(b) "Board" means the Board of Examiners of Electrical Contractors created by section 3 of this act;
(c) "Department" means the Department of Law and Public Safety;
(d) "Electrical contractor" means a person who engages in the business of contracting to install, erect, repair or alter electrical equipment for the generation, transmission or utilization of electrical energy;
(e) "Person" means a person, firm, corporation or other legal entity;
(f) "Alarm business" means the installation, servicing or maintenance of burglar alarm, fire alarm or electronic security systems, or the monitoring or responding to alarm signals when provided in conjunction therewith. "Installation," as used in this definition, includes the survey of a premises, the design and preparation of the specifications for the equipment or system to be installed pursuant to a survey, the installation of the equipment or system, or the demonstration of the equipment or system after the installation is completed, but does not include any survey, design or preparation of specifications for equipment or for a system that is prepared by an engineer licensed pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.), or an architect licensed pursuant to the provisions of chapter 3 of Title 45 of the Revised Statutes, if the survey, design, or preparation of specifications is part of a design for construction of a new building or premises or a renovation of an existing building or premises, which renovation includes components other than the installation of a burglar alarm, fire alarm or electronic security system, and further does not include the design or preparation of specifications for the equipment or system to be installed that are within the practice of professional engineering as defined in subsection (b) of section 2 of P.L.1938, c.342 (C.45:8-28);
(g) "Burglar
alarm" means a security system comprised of an
interconnected series of alarm devices or components, including systems
interconnected with radio frequency signals, which emits an audible, visual or
electronic signal indicating an alarm condition and providing a warning of
intrusion, which is designed to discourage crime;
(h) "Business firm" means a partnership, corporation or other business entity engaged in the alarm business or locksmithing services;
(i) "Committee" means the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee created by section 3 of P.L.1997, c.305 (C.45:5A-23);
(j) "Electronic security system" means a security system comprised of an interconnected series of devices or components, including systems with audio and video signals or other electronic systems, which emits or transmits an audible, visual or electronic signal warning of intrusion and provides notification of authorized entry or exit, which is designed to discourage crime;
(k) "Fire alarm" means a security system comprised of an interconnected series of alarm devices or components, including systems interconnected with radio frequency signals, which emits an audible, visual or electronic signal indicating an alarm condition and which provides a warning of the presence of smoke or fire. "Fire alarm" does not mean a system whose primary purpose is telecommunications with energy control, the monitoring of the interior environment being an incidental feature thereto;
(l) "Licensed locksmith" means a person who is licensed pursuant to the provisions of section 7 of P.L.1997, c.305 (C.45:5A-27);
(m) "Licensee" means a person licensed to engage in the alarm business or provide locksmithing services pursuant to the provisions of section 7 of P.L.1997, c.305 (C.45:5A-27);
(n) "Locksmithing services" means the modification, recombination, repair or installation of mechanical locking devices and electronic security systems for any type of compensation and includes the following: repairing, rebuilding, recoding, servicing, adjusting, installing, manipulating or bypassing of a mechanical or electronic locking device, for controlled access or egress to premises, vehicles, safes, vaults, safe doors, lock boxes, automatic teller machines or other devices for safeguarding areas where access is meant to be limited; operating a mechanical or electronic locking device, safe or vault by means other than those intended by the manufacturer of such locking devices, safes or vaults; or consulting and providing technical advice regarding selection of hardware and locking systems of mechanical or electronic locking devices and electronic security systems; except that "locksmithing services" shall not include the installation of a prefabricated lock set and door knob into a door of a residence;
(o) "Qualified journeyman electrician" means a person registered pursuant to P.L.1962, c.162 (C.45:5A-1 et seq.) or P.L.2001, c.21 (C.45:5A-11.1 et al.), as a qualified journeyman electrician by the board;
(p) "Service point" means the point of connection between the facilities of the public utility servicing a customer and the premises wiring.
(cf: P.L.2001, c.21, s.2)
2. Section 4 of P.L.2001, c.21 (C.45:5A-11.2) is amended to read as follows:
4. [On and after the effective date of P.L.2001, c.21 (C.45:5A-11.1 et al.), any] Any person [desiring to] who works or holds himself out as a qualified journeyman electrician shall register as a qualified journeyman electrician [shall make application to] with the board [to be so registered] , shall have in his possession a journeyman electrician registration card and shall pay all the fees required in connection therewith, which fees shall be established, prescribed or changed by the board to the extent necessary to defray all proper expenses incurred by the board to administer the provisions of this act. Fees shall not be fixed at a level, however, that will raise amounts in excess of the amount estimated to be so required.
(cf: P.L.2001, c.21, s.4)
3. Section 18 of P.L.1962, c.162 (C.45:5A-18) is amended to read as follows:
18. Electrical work or construction which is performed on the following facilities or which is by or for the following agencies shall not be included within the business of electrical contracting so as to require the securing of a business permit under this act:
(a) Minor repair work such as the replacement of lamps and fuses.
(b) The connection of portable electrical appliances to suitable permanently installed receptacles.
(c) The testing, servicing or repairing of electrical equipment or apparatus.
(d) Electrical work in mines, on ships, railway cars, elevators, escalators or automotive equipment.
(e) Municipal plants or any public utility as defined in R.S.48:2-13, organized for the purpose of constructing, maintaining and operating works for the generation, supplying, transmission and distribution of electricity for electric light, heat, or power, except that this exemption shall only apply to electrical work or construction performed up to the service point.
(f) A public utility subject to regulation, supervision or control by a federal regulatory body, or a public utility operating under the authority granted by the State of New Jersey, and engaged in the furnishing of communication or signal service, or both, to a public utility, or to the public, as an integral part of a communication or signal system, and any agency associated or affiliated with any public utility and engaged in research and development in the communications field.
(g) A railway utility in the exercise of its functions as a utility and located in or on buildings or premises used exclusively by such an agency.
(h) Commercial radio and television transmission equipment.
(i) Construction by any branch of the federal government.
(j) Any work with a potential of less than 10 volts.
(k) Repair, manufacturing and maintenance work on premises occupied by a firm or corporation, and installation work on premises occupied by a firm or corporation and performed by a regular employee who is a qualified journeyman electrician registered pursuant to section 3 of P.L.2001, c.21 (C.45:5A-11.1).
(l) Installation, repair or maintenance performed by regular employees of the State or of a municipality, county, or school district on the premises or property owned or occupied by the State, a municipality, county, or school district; provided that a regular employee of the State, municipality, county or school district performing this work is a qualified journeyman electrician registered pursuant to section 3 of P.L.2001, c.21 (C.45:5A-11.1), or holds any civil service title with a job description which includes electrical work pursuant to the "Civil Service Act," N.J.S.11A:1-1 et seq., or regulations adopted pursuant thereto, or any employee of a State authority who has completed an apprenticeship training program approved by the United States Department of Labor, Bureau of Apprenticeship Training, that deals specifically with electrical work, and is of a minimum duration of three years.
Any regular employee of the State, or of a municipality, county or school district who has submitted his registration application to the board for registration as a qualified journeyman electrician shall be permitted to continue to perform work pursuant to this subsection until such time as the board acts upon his application. Any applicant whose registration application is not approved by the board shall no longer be permitted to perform electrical work pursuant to this subsection.
(m) The maintaining, installing or connecting of automatic oil, gas or coal burning equipment, gasoline or diesel oil dispensing equipment and the lighting in connection therewith to a supply of adequate size at the load side of the distribution board.
(n) Work performed by a person on a dwelling that is occupied solely as a residence for himself or for a member or members of his immediate family.
(o) (Deleted by amendment, P.L.1997, c.305).
(p) Any work performed by a landscape irrigation contractor which has the potential of not more than 30 volts involving the installation, servicing, or maintenance of a landscape irrigation system as this term is defined by section 2 of this amendatory and supplementary act. Nothing in this act shall be deemed to exempt work covered by this subsection from inspection required by the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) or regulations adopted pursuant thereto.
(q) Any work performed by a person certified pursuant to sections 1 through 10 of P.L.2001, c.289 (C.52:27D-25n through C.52:27D-25w) that is not branch circuit wiring. For the purposes of this subsection, "branch circuit wiring" means the circuit conductors between the final overcurrent device protecting the circuit and one or more outlets. A certificate holder shall be deemed to have engaged in professional misconduct for the purposes of section 8 of P.L.1978, c.73 (C.45:1-21) for violating the provisions of this subsection.
(r) Any work performed by an alarm business, as that term is defined by section 2 of P.L.1985, c.289 (C.45:5A-18.1), licensed pursuant to P.L.1997, c.305 (C.45:5A-23 et seq.) that is not branch circuit wiring. For the purposes of this subsection, "branch circuit wiring" means the circuit conductors between the final overcurrent device protecting the circuit and one or more outlets. A licensee shall be deemed to have engaged in professional misconduct for the purposes of section 8 of P.L.1978, c.73 (C.45:1-21) for violating the provisions of this subsection.
The board may also exempt from the business permit provisions of this act such other electrical activities of like character which in the board's opinion warrant exclusion from the provisions of this act.
(cf: P.L.2009, c.284, s.1)
4. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill provides that anyone working on a job or holding himself out as a qualified journeyman electrician must be registered as such with the Board of Examiners of Electrical Contractors and be in possession of a registration card. The Board of Examiners of Electrical Contractors sets standards and education requirements for journeyman electricians. The current law exempts journeyman electricians from business permit requirements when performing electrical work in large corporate buildings, places of employment and buildings open to the public without supervision of a licensee. As a matter of safety, it is important that these workers holding themselves out as journeyman electricians and performing electrical work as journeyman electricians are actually qualified as journeyman electricians.
The bill also limits the business permit exemption for a public electrical utility to electrical work or construction done up to the service point. Service point is defined as the point of connection between the utility facility and the customer's premises.
