New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 62 - PUBLIC WORKS CONTRACTOR REGISTRATION
Subchapter 1 - GENERAL PROVISIONS
Section 12:62-1.2 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means "The Public Works Contractor Registration Act" (P.L. 1999, c. 238; 34:11-56.4 8 et seq.) and the rules promulgated thereunder.

"Commissioner" means the Commissioner of Labor and Workforce Development or his or her duly authorized representatives.

"Contractor" means a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the New Jersey Prevailing Wage Act, P.L. 1963, c. 150, 34:11-56.2 5 et seq., and includes any subcontractor or lower tier subcontractor of a contractor as defined in this section.

"Craft" means a construction trade or craft that is utilized by the contractor directly on a public work and that is included on the U.S. Department of Labor's (USDOL's) "List of Occupations Officially Recognized as Apprenticeable by the Office of Apprenticeship."

"Craftworker" means an individual employed by a contractor in a craft.

"Custom fabrication" means the fabrication of plumbing, heating, cooling, ventilation or exhaust duct systems and mechanical insulation.

"Department" means the Department of Labor and Workforce Development.

"ERISA-covered apprenticeship training program trust fund" means an "employee welfare benefit plan," as that term is defined within the Employee Retirement Income Security Act of 1974 (ERISA), that is subject to the requirements for such a plan under ERISA, and that is a fund established and maintained for the sole purpose of financing a registered apprenticeship program.

"Maintenance" means "maintenance work" as that term is defined at 34:11-56.2 6, namely, the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased.

"Public work" means construction, reconstruction, demolition, alteration, custom fabrication, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program. "Public work" shall also mean construction, reconstruction, demolition, alteration, custom fabrication, or repair work, done on any property or premises, whether or not the work is paid for from public funds, if, at the time of the entering into of the contract the property or premises is owned by the public body or:

1. Not less than 55 percent of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and

2. The portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.

"Registered apprenticeship program" means an apprenticeship program that is registered with, and approved by the USDOL, that provides each trainee with combined classroom and on-the-job training in an occupation recognized as an apprenticeable occupation, and which meets the program standards of enrollment and graduation under 29 CFR 29.6.

"Sponsor" means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is (or is to be) registered or approved.

"Sponsorship" means the position of being a sponsor.

"Subcontractor" means any subcontractor or lower tier subcontractor of a contractor, including owner operators or independent contractors.

"Worker" includes a laborer, mechanic, skilled or semi-skilled laborer, and apprentices or helpers employed by any contractor or subcontractor and engaged in the performance of services directly upon a public work, who have completed or are actively participating in a registered apprenticeship program, regardless of whether their work becomes a component part thereof, but does not include material suppliers or their employees who do not perform services at the job site. For the purposes of this chapter, contractors or subcontractors engaged in custom fabrication shall not be regarded as material suppliers.