Bill Text: NJ A4394 | 2012-2013 | Regular Session | Amended
Bill Title: Provides standards for home elevation contractors.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-13 - Substituted by S2976 (2R) [A4394 Detail]
Download: New_Jersey-2012-A4394-Amended.html
ASSEMBLY, No. 4394
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED NOVEMBER 18, 2013
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
Assemblyman JOHN F. AMODEO
District 2 (Atlantic)
Co-Sponsored by:
Assemblymen Coughlin, Egan, Diegnan, Chivukula, Assemblywomen Gove, Angelini, Assemblymen Clifton, C.A.Brown, S.Kean, McGuckin, Rumpf, Assemblywoman Casagrande, Assemblymen Rible, Dancer, O'Scanlon, P.Barnes, III, DeAngelo, Benson and Assemblywoman Handlin
SYNOPSIS
Provides standards for home elevation contractors.
CURRENT VERSION OF TEXT
As reported by the Assembly Housing and Local Government Committee on January 9, 2014, with amendments.
An Act concerning home elevation contractors, supplementing P.L.1975, c.217 (C.52:27D-119 et seq.), and amending and supplementing P.L.2004, c.16.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. In addition to complying with the other requirements of the "Contractors' Registration Act," P.L.2004, c.16 (C.56:8-136 et seq.), no person shall offer to perform, or engage, or attempt to engage in the business of home elevation unless registered with the division as a home elevation contractor.
b. To register with the division as a home elevation contractor, a person must 1[have] certify that: (1) he has1 at least 1[two years of experience in the use of unified jacking machines through training and field experience under the guidance of an experienced operator] five years of experience as a home improvement contractor; (2) at least two years of experience in home elevation which meets criteria established by the director; and (3) is in compliance with all of the requirements of the "Contractors' Registration Act," P.L.2004, c.16 (C.56:8-136 et seq.). For the purposes of this subsection, experience in home elevation shall include both experience on home elevation projects and training in the operation of home elevation equipment1.
c. 1[Home elevation contractors shall be required to use a unified jacking machine for any home elevation.
d. Through the end of 2018, the division shall review the qualifications and performance records of all home elevation contractors, on at least an annual basis, to ensure compliance with the standards of P.L. , c. (C. ) (pending before the Legislature as this bill).] The division, in consultation with the Division of Codes and Standards in the Department of Community Affairs, shall adopt rules and regulations to effectuate the provisions of this section, and may adopt specific criteria regarding the experience and training necessary to register as a home elevation contractor.
d. In addition to any other civil or criminal penalty that may apply, any person who makes a false statement in the certification required pursuant to subsection b. of this section or who knowingly submits a false certification required pursuant to subsection b. of this section shall be liable for a civil penalty of not less than $10,000 or more than $25,000. Such penalty may be imposed by the director and shall be collected by summary proceedings instituted in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
e. The director shall suspend or revoke the home improvement contractor registration and home elevation contractor registration of any person who violates any provision of P.L. , c. (C. ) (pending before the Legislature as this bill).1
2. (New section) 1a.1 Contractors who perform home elevations shall be required to use a 1[unified] home elevation1 jacking machine, as defined 1[under] in1 section 2 of P.L.2004, c.16 (C.56:8-137), for any home elevation 1, unless the code official of the municipality or other agency responsible for the issuance of a construction permit expressly approves the use or application of a different means of elevation, provided that the use or application or such means of elevation is consistent with, or pursuant to, any guidance provided by rules or regulations promulgated by the Division of Codes and Standards in the Department of Community Affairs, in accordance with any applicable standards promulgated by the Federal Emergency Management Agency.
b. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Division of Codes and Standards in the Department of Community Affairs may adopt immediately upon filing with the Office of Administrative Law any rules and regulations deemed necessary to implement the provisions of subsection a. of this section, which shall be effective for a period not to exceed 270 days following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), and may thereafter be amended, adopted, or readopted, by the division in accordance with the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).1
3. Section 2 of P.L.2004, c.16 (C.56:8-137) is amended to read as follows:
2. As used in this act:
"Contractor" means a person engaged in the business of making or selling home improvements and includes a corporation, partnership, association and any other form of business organization or entity, and its officers, representatives, agents and employees.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Home elevation" means any home improvement that involves raising an entire residential or non-commercial structure to a higher level above the ground 1[in order to avoid flood damage]1.
"Home elevation contractor" means a contractor who engages in the practice of home elevation.
1"Home elevation jacking machine " means a machine, or machines, used to raise a structure that is capable of lifting each corner and the entire bulk of the structure in a synchronized manner, but shall not be construed to mean any specific jacking system or any proprietary name.1
"Home improvement" means the remodeling, altering, renovating, repairing, restoring, modernizing, moving, demolishing, or otherwise improving or modifying of the whole or any part of any residential or non-commercial property. Home improvement shall also include insulation installation, and the conversion of existing commercial structures into residential or non-commercial property.
"Home improvement contract" means an oral or written agreement for the performance of a home improvement between a contractor and an owner, tenant or lessee, of a residential or noncommercial property, and includes all agreements under which the contractor is to perform labor or render services for home improvements, or furnish materials in connection therewith.
"Residential or non-commercial property" means any single or multi-unit structure used in whole or in part as a place of residence, and all structures appurtenant thereto, and any portion of the lot or site on which the structure is situated which is devoted to the residential use of the structure.
1["Unified jacking machine" means a machine used to raise a structure that is capable of lifting each corner and the entire bulk of the structure in a synchronized manner.]1
(cf: P.L.2004, c.16, s.2)
4. Section 7 of P.L.2004, c.16 (C.56:8-142) is amended to read as follows:
7. a. On or after December 31, 2005, every registered contractor who is engaged in home improvements shall secure, maintain and file with the director proof of a certificate of commercial general liability insurance in a minimum amount of $500,000 per occurrence.
b. Every registered contractor engaged in home improvements whose commercial general liability insurance policy is cancelled or nonrenewed shall submit to the director a copy of the certificate of commercial general liability insurance for a new or replacement policy which meets the requirements of subsection a. of this section before the former policy is no longer effective.
c. 1[All] Every1 home elevation1[contractors] contractor1 engaged in home elevations shall secure, maintain, and file with the director proof of a certificate of commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; and shall additionally carry insurance in the minimum amount of $500,000 per occurrence to cover the contents of the premises for any peril not covered in the homeowner's insurance policy that could result from elevating the house. 1All home elevation contractors, prior to entering into an agreement to perform a home elevation, shall provide written notification to the homeowner of the issuing insurer, policy number, type, and amount of insurance coverage maintained by the contractor in accordance with this subsection.1
(cf: P.L.2004, c.155, s.3)
5. (New section) 1a.1 The Director of the Division of Consumer Affairs in the Department of Law and Public Safety 1and the Director of the Division of Codes and Standards in the Department of Community Affairs1, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), 1[and in consultation with the Division of Codes and Standards in the Department of Community Affairs,]1 shall promulgate rules and regulations to effectuate the purposes of this act.
1b. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Division of Consumer Affairs in the Department of Law and Public Safety and the Division of Codes and Standards in the Department of Community Affairs may adopt immediately upon filing with the Office of Administrative Law any such rules and regulations as each deems necessary to implement the provisions of subsection a. of this section, which shall be effective for a period not to exceed 270 days following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), and may thereafter be amended, adopted, or readopted, as the case may be, in accordance with the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).1
6. This act shall take effect 1[immediately, but,] on the first day of the fourth month after enactment,1 except 1[for] that section 2 and1 section 5 1[,]1 shall 1[remain inoperative until the first day of the second month next following enactment] take effect immediately1.
