Current through Register Vol. 56, No. 18, September 16, 2024
(a) A bona fide representative registered with
the Board pursuant to N.J.A.C. 13:32A-7.14shall:
1. Give notice to the
Committee, in writing, concerning any change in the name or address of the entity within 10 days of the
change;
2. Secure all necessary permits as may be required by
State and local law for the performance of hearth professional work to be performed by the hearth
professional work business, except when hearth professional work has been subcontracted to another licensed
master hearth specialist pursuant to (c) below;
3. Supervise the
performance of all hearth professional work performed by the hearth professional work business, as follows:
i. If the employee performing the work is a licensed master hearth
specialist, the bona fide representative shall require, at the beginning of the job, an initial report on the
work to be performed and upon completion of the job, a final report on the work performed;
ii. If the employee performing the work has two or more years of supervised
experience in hearth professional work, the bona fide representative or a licensed master hearth specialist
employee of the hearth professional work business shall maintain daily contact with the employee either
directly or through electronic communication and, where the work requires a permit, shall inspect the work
upon completion. Any such contact shall be recorded by the bona fide representative or the licensed master
hearth specialist employee of the hearth professional work business; and
iii. If the employee performing the work has less than two years of
supervised experience in hearth professional work, the bona fide representative shall ensure constant on-site
supervision by a licensed master hearth specialist, during all times that hearth professional work services
are being performed;
4. Be responsible for any and all
violations at
N.J.S.A.
45:16A-29 et seq., or Committee rules committed by employees of the hearth
professional work business if said violations were committed during the course of work, which the bona fide
representative was required to supervise;
5. Serve as a bona fide
representative for only one hearth professional work business; and
6. Maintain a place of business in the State of New Jersey or designate,
and notify the Committee of the identity of, an agent or entity in New Jersey for service of
process.
(b) Nothing in this chapter shall preclude
the Committee from proceeding against both the bona fide representative for a hearth professional work
business or any other licensed master hearth specialist employed by such a business who can be shown to have
violated
N.J.S.A.
45:16A-29 et seq., or Committee rules.
(c) The bona fide representative of any hearth professional work business
that contracts to provide hearth professional work services to a consumer and wishes to subcontract that
hearth professional work to another hearth professional work business shall:
1. Subcontract only to a business whose sole proprietor is a licensed
master hearth specialist, or that has a bona fide representative who is registered with the Committee. The
bona fide representative for the original licensed master hearth specialist shall be responsible for ensuring
that the subcontractor has a registered bona fide representative;
2. Require of the subcontractor that a copy of any permit applications,
permits, and changes in application or permit shall be delivered to the original hearth professional work
business within five business days of the date the application or permit is filed;
3. Notify the consumer, prior to the beginning of any work, that the work
has been subcontracted to another hearth professional work business and provide the consumer with the name,
address, and telephone number of the subcontractor and the name and license number of the subcontractor's
bona fide representative;
4. Advise the consumer prior to the
beginning of any work that the consumer has the right to terminate the contract prior to the beginning of any
work because of the subcontracting;
5. Notify the consumer that
the original hearth professional work business, as well as the subcontractor remain liable for any defects,
damages, or other losses that may result from the negligence, misconduct, or insolvency of the
subcontractor;
6. Require that the subcontractor immediately
notify the original hearth professional work business of any complaints by the consumer or the consumer's
representative or by any governmental official; and
7. Supervise
the work of the subcontractor in the same manner as required at (a)3i above.
(d) The bona fide representative shall have sufficient knowledge of the
hearth professional work business' bookkeeping system and financial accounts to inform the Committee, upon
request by the Committee, regarding the business' price-setting, billings, costs, subcontractors, overhead
costs, and profits.
