Current through Register Vol. 56, No. 18, September 16, 2024
(a) No business shall advertise that they are
authorized to engage in the fire protection equipment business, or otherwise
engage in the installation, service, repair, inspection or maintenance of fire
protection equipment, unless the business satisfies the requirements of this
chapter.
(b) A permit shall be
required for each business that is engaged in the fire protection equipment
business, or otherwise engages in the installation, service, repair, inspection
or maintenance of fire protection equipment.
1. A permit shall not be required if a
business entity's employees performs in-house the services listed in
5:74-2.2(a).
2. A permit shall not be required for the
backflow portion of the required annual test of a testable backflow preventer.
The tester shall have a valid certification from an agency that is recognized
by the New Jersey Department of Environmental Protection, Bureau of Safe
Drinking Water.
(c) An
application for a permit to engage in the fire protection equipment business
shall be made to the Contractor Certification and Emblems Unit within the
Division of Fire Safety in the manner and on the forms as the Division may
prescribe.
1. An application to engage in the
fire protection equipment business shall include the name of the business, the
address of the business, the name of each member, officer or director thereof,
the name of the municipality and the location therein by street number or other
appropriate description of the principal place of business and the location of
each branch office.
2. The Division
may require other information of the business firm to determine the
professional competence and integrity of the concerned parties.
3. Permit holders shall apply for an amended
permit whenever there is a change in qualifier, ownership address or other
required information.
(d) An applicant seeking a permit to engage
in the fire protection equipment business shall:
1. Be at least 18 years of age;
2. Be of good moral character, and not have
been convicted of a crime of the first, second or third degree within 10 years
prior to the filing of the application; and
3. Establish their qualifications to perform
and supervise various phases of fire protection equipment installation,
service, repair, inspection and maintenance as evidenced by successful
completion of an examination approved by the Division.
(e) A business permit shall be issued to
qualified applicants seeking to engage in the fire protection equipment
business for a three-year period, upon payment of a permit fee. Permit renewals
shall be issued for a three-year period upon the payment of a renewal fee. A
renewal application shall be filed with the Contractor Certification and
Emblems Unit at least 45 days prior to expiration of a permit. The renewal date
for permits shall be April 30 or October 31 of each year. A permit issued
pursuant to this chapter shall not be transferable. Business permits issued by
the New Jersey Division of Fire Safety with an expiration date of April 30,
2020 or October 31, 2020, are extended to December 31, 2020. This will enable
the business qualifiers to obtain and complete the necessary classes to qualify
for business permits. There shall be no additional expense or cost due as a
result of this extension. Future business permit cycles will return to the
established expiration dates under the existing rule.
(f) No holder of a business permit qualified
under the provisions of this chapter shall engage in the fire protection
equipment business unless the permit holder:
1. Maintains at least one business office
within this State or files with the Division a statement, duly executed and
sworn to before a person authorized by the laws of this State to administer
oaths, containing a power of attorney constituting the Division the true and
lawful attorney of the permit holder upon whom all original process in an
action or legal proceeding against the permit holder may be served and in which
the permit holder agrees that the original process that may be served upon the
attorney shall be of the same force and validity as if served upon the permit
holder and that the authority thereof shall continue in force so long as the
permit holder engages in the fire protection equipment business;
2. Clearly marks the outside of each
installation and service vehicle to be used in conjunction with the fire
protection equipment business with the business name, Division permit number
prefaced with "NJDFS Permit", and a 24-hour emergency service telephone number,
if required in (f)4 below. Both sides of the vehicle must be marked. The
marking of the vehicle must use letters and numbers at least one inch in height
and must be in a contrasting color to the vehicle;
3. By January 1, 2007, renders all required
tags and inspection forms identical in form and color to that approved by the
Division of Fire Safety and preprinted with the company name, business permit
number, and an area for a certified individual's certification
number.
4. Maintains an emergency
service telephone number attended to on a 24-hour basis and responds within one
hour to emergencies on a 24-hour basis. This requirement shall be required for
contractors who service or repair fire sprinkler, special hazard, fire alarm or
kitchen fire suppression systems;
5. Certifies that no employee of the business
permit holder shall engage in the installation, service, repair, inspection or
maintenance of fire protection equipment unless the permit holder bears full
responsibility for the inspection of all work to be performed in compliance
with recognized safety standards; and
6. Certifies that the business permit holder
shall be liable for any unprofessional conduct of an employee while acting
within the scope of his employment, except that the conduct shall not be cause
for suspension or revocation of a permit, unless the Division determines that
the permit holder had knowledge thereof, or there is shown to have existed a
pattern of unprofessional conduct.
(g) If the Division determines that an
applicant for a business permit holds a valid license, registration,
certification or other authorization from another jurisdiction which requires
equal or greater experience and knowledge requirements, the Division may accept
the evidence of that license, registration, certification or other
authorization as meeting the experience and knowledge requirements of this
chapter for a person to engage in the fire protection equipment
business.
(h) All business permit
holders shall carry commercial general liability insurance, including products
and completed operations, in the minimum amount of $ 1,000,000 for each
coverage. The permit holder shall furnish a general warranty for one year with
each system installation.
(i) Any
change in more than 50 percent of the ownership of a fire protection equipment
business shall require an amended business permit.
(j) An application for an amended business
permit shall be submitted within 60 days of a change of ownership or change of
company name or location.
(k)
Business permits are non-transferable and shall be displayed prominently in the
principal work place.
(l) A
certificate holder, as prescribed in N.J.A.C. 5:74-1.8, shall not be used to
qualify more than one fire protection equipment business.
(m) The Division shall be notified within 30
days if a certificate holder leaves the fire protection equipment business or
is replaced.
1. No fire protection equipment
business shall be denied the privilege of continuing business as a fire
protection contractor in the event of death, illness, or other physical
disability of the certificate holder who qualified the fire protection
contractor for a business permit under this section, for at least six months
following the date of such death, illness or other physical disability;
provided that the fire protection contractor operates under such qualified
supervision as the Division deems adequate. If, after six months, the fire
protection contractor has failed to employ another certificate holder, then the
Division shall revoke its fire protection contractor business permit.
(n) Whenever the Division shall
find cause to deny an application for a fire protection contractor business
permit or to suspend or revoke a fire protection contractor business permit,
the Division shall notify the applicant or the holder of the business permit
and state the reasons for the denial or suspension, as appropriate.
