Current through Register Vol. 56, No. 18, September 16, 2024
(a) Home improvement contractors seeking to
become registered under this subchapter shall apply to convert their
registration to a home elevation contractor by submitting the following
information in addition to that required by (c) and (d) below, on forms
provided by the Director:
1. A current and
valid registration number;
2. A
certification that the applicant contractor currently has, in an ownership or
staff position, at least one named person with a minimum of five years of
experience in home elevation, including working directly on home elevation
projects and training in the operation of home elevation equipment and
describing such experience; and
3.
Proof of the home elevation contractor's insurance policies in the types and
amounts that comply with the requirements of 13:45A-17A.11(a)
1.
(b) Home
elevation contractors who have converted their HIC registrations under (a)
above, and those who have initially registered after October 1, 2014, under (c)
below, no later than June 17, 2015, shall submit the following on forms
provided by the Director:
1. Proof of the home
elevation contractor's insurance policies in the types and amounts that comply
with the requirements of 13:45A-17A.11(b)
;
2. A letter from a
surety company authorized to do business in the State, addressed to the
Division, to the effect that the applicant has a bonding capacity of at least $
500,000; and
3. A list of three
references, complete with contact information, for whom the experienced
individual in an ownership or staff position in the home elevation contractor
has elevated a residential or non-commercial structure within the past five
years.
(c) Applicants
seeking to engage in home elevations who do not have a current and valid
registration as a home improvement contractor shall apply for initial
registration with the Division by submitting the following on forms provided by
the Director:
1. The name and street address
of each place of business of the home elevation contractor and any fictitious
or trade name to be used by the home elevation contractor;
2. The type of business
organization;
3. The name,
residence, and business street address of each officer, director, principal,
and person with an ownership interest of 10 percent or more in the entity,
including the percentage of ownership held;
4. The name and number of any professional or
occupational license, certificate, or registration issued by this State or any
other governmental entity to any officer, director, principal, or person with
an ownership interest of 10 percent or more in the entity;
5. Whether the entity, any officer, director,
principal, or person with an ownership interest of 10 percent or more in the
entity has been adjudged liable in an administrative or civil action involving
any of the situations in (c)5i through v below either as a home improvement
contractor or a home elevation contractor. For the purposes of this paragraph,
a judgment of liability in an administrative or civil action shall include, but
not be limited to, any finding or admission that the entity, officer, director,
principal, or person with an ownership interest of 10 percent or more in the
entity engaged in an unlawful practice or practices related to any of the named
situations in (c)5i through v below regardless of whether that finding was made
in the context of an injunction, a proceeding resulting in the denial,
suspension, or revocation of a license, certification, or registration,
consented to in an assurance of voluntary compliance or any similar order or
legal agreement with any state or Federal agency. As described above, this
paragraph covers the following situations:
i.
Obtaining any registration, certification, or license by fraud, deception, or
misrepresentation;
ii. Engaging in
the use or employment of dishonesty, fraud, deception, misrepresentation, false
promise, or false pretense;
iii.
Engaging in gross negligence, gross malpractice, or gross
incompetence;
iv. Engaging in acts
of negligence, malpractice, or incompetence involving selling or making a home
elevation or home improvement; or
v. Engaging in professional or occupational
misconduct;
6. Whether
the entity, any officer, director, principal, or person with an ownership
interest of 10 percent or more in the entity has been convicted of any crime
involving moral turpitude or any crime relating adversely to selling or making
home elevations or other home improvements in any state or Federal proceeding.
For the purpose of this paragraph, a plea of guilty, non vult, nolo contendere,
or any other such disposition of alleged criminal activity shall be deemed a
conviction;
7. Whether the entity,
any officer, director, principal, or person with an ownership interest of 10
percent or more in the entity has had its authority to engage in the activity
regulated by the Director revoked or suspended by any other state agency or
authority;
8. Whether the entity,
any officer, director, principal, or person with an ownership interest of 10
percent or more in the entity has violated or failed to comply with the
provisions of any act, regulation, or order administered or issued by the
Director;
9. Whether the entity,
any officer, director, principal, or person with an ownership interest of 10
percent or more in the entity believes it, he, or she is unable to meet the
requirements of the Act (56:8-136
et
seq.) or rule in this subchapter for medical or any other good cause to the
detriment of the public's health, safety, and welfare;
10. The name and street address of an agent
in the State of New Jersey for service of process; and
11. A certification that the applicant
currently has, in an ownership or staff position, at least one named person
with a minimum of five years of experience in home elevation, including working
directly on home elevation projects and training in the operation of home
elevation equipment and describing such experience.
(d) In addition to the information required
in (c) above, the applicant shall include the following with the initial
application:
1. A properly completed
disclosure statement that complies with the requirements of
13:45A-17A.5
;
2. Proof of the applicant's insurance
policies in the types and amounts that comply with the requirements of
13:45A-17A.11(a)
1 or (b) as applicable;
3.
When applicable, a letter from a surety company authorized to do business in
the State, addressed to the Division, to the effect that the applicant has a
bonding capacity of at least $ 500,000;
4. The initial registration fee in the amount
specified in 13:45A-17A.13
unless not
required pursuant to 13:45A-17A.3(c)
; and
5. A list of three
references, complete with contact information, for whom the experienced
individual in an ownership or staff position in the applicant has elevated a
residential or non-commercial structure within the past five years.
(e) An application that is not
completed because of the applicant's failure to cure a deficiency or to comply
with the Director's request for additional information within two years from
the date of the last deficiency notice or the date of the last written request
for additional information shall be deemed to have been abandoned.
(f) A registered home elevation contractor
shall include the following with the annual renewal application:
1. A completed renewal application on a form
provided by the Director;
2. Proof
of the home elevation contractor's insurance coverage in the types and amounts
that comply with the requirements of 13:45A-17A.11(a)
1;
3. A letter from a
surety company authorized to do business in New Jersey and addressed to the
Division to the effect that the applicant has a bonding capacity of at least $
500,000, and stating the amount of bonds required by 13:45A-17A.11(a)
2 that the applicant has outstanding;
4. The renewal registration fee in the amount
specified in 13:45A-17A.13
;
and
5. If the completed renewal
application is received by the Division after the renewal application's due
date as specified on the renewal application, the late fee in the amount
specified in 13:45A-17A.13
.
(g) A home elevation contractor
shall, at all times throughout the registration term, have at least one named
person in an ownership or staff position with a minimum of five years of
experience in home elevation, including working directly on home elevation
projects and training in the operation of home elevation equipment. If at any
time, there is no such person in management or on staff, the home elevation
contractor shall notify the Division, in writing, within three calendar
days.
(h) The first registration
period shall expire on March 31, 2016. Thereafter, a registration period shall
commence on April 1 of each year and end on the following March 31.
