Current through Register Vol. 56, No. 18, September 16, 2024
(a)
After June 30, 2003, no fire protection contractor shall engage in the
installation, service, repair, inspection or maintenance of fire protection
equipment without holding or employing a person who holds a valid certificate
of certification issued in accordance with this chapter.
1. Persons holding a license to engage in the
fire alarm business pursuant to
P.L.
1997, c. 305
(45:5A-23 et seq.) by March 1,
2004, or who are electrical contractors as defined in section 2 of P.L. 1962,
c.162 (45:5A-2) , are exempt from the
requirement of obtaining a certificate of certification under this chapter to
engage in the fire alarm business to the extent that such persons are acting
within the scope of practice of their profession or occupation.
2. The Division shall not require an in-house
employee to obtain a certificate of certification for performing routine
maintenance or monthly, weekly, or daily inspection or testing of fire
protection equipment provided:
i. The
employer has a documented, readily-available procedure in effect governing
routine maintenance and monthly, weekly or daily inspections and testing;
and
ii. The employer can provide
proof the personnel performing the work have been trained on the current
Uniform Fire Code provisions governing routine maintenance or monthly, weekly,
and daily inspection or testing for the work they may be required to
perform.
3. A
non-certified person shall not perform any quarterly, annual, or other
non-routine, required maintenance.
4. A certificate of certification shall not
be required if an in-house employee responds in-house to equipment malfunction
or damage that requires immediate attention provided:
i. Certified personnel verify the operation
of the equipment within 48 hours after the onset of the emergency;
ii. A log is kept of all emergency work
performed including the date and time the work was verified by a certified
person and the name, certification number and signature of the
verifier;
iii. Trained personnel
perform the emergency work; and
iv.
A documented, readily-available procedure is in effect.
5. A certificate of certification shall not
be required for employees of a nuclear power plant if such employees are
qualified through the Institute of Nuclear Power Operations accredited training
programs. This exemption does not apply to private contractors performing work
within the nuclear power plant.
i. Training
records must be kept on each nuclear power plant employee detailing the areas
of training that the employee has completed along with a copy of the
curriculum.
6. A
certificate of certification shall not be required if a person owning and
residing in a detached one- or two-family dwelling performs work within his or
her residence.
(b) The
Division shall issue a certificate to any person who has been employed as a
fire protection contractor for a period of not less than five years on or
before June 30, 2003, upon application with submission of satisfactory proof
and payment of the appropriate fee on or before January 1, 2004. The
certificate issued shall be for three years, at which time the certificate
shall be renewed pursuant to the requirements established by this chapter.
Applications received after January 1, 2004 shall be required to meet the full
certification criteria established by this chapter.
(c) The following certified classifications
are hereby established:
1. An "All Fire
Protection Equipment Contractor" is authorized to install, service, repair,
inspect and maintain all fire protection equipment;
2. A "Fire Sprinkler System Contractor" is
authorized to install, service, repair, inspect and maintain fire sprinkler
systems;
3. A "Special Hazard Fire
Suppression System Contractor" is authorized to install, service, repair,
inspect and maintain special hazard fire suppression systems and kitchen fire
suppression systems;
4. A "Fire
Alarm System Contractor" is authorized to install, service, repair, inspect and
maintain all fire alarm systems;
5.
A "Portable Fire Extinguisher Contractor" is authorized to install, service,
repair, inspect and maintain all portable fire extinguishers; and
6. A "Kitchen Fire Suppression System
Contractor" is authorized to install, service, repair, inspect and maintain all
kitchen fire suppression systems.
(d) A certified fire protection contractor
shall perform work only within the scope of the contractor's certification
class.
(e) Whenever the Division
shall find cause to deny an application for a certificate of certification or
to suspend or revoke a certificate, the Division shall notify the application
or the holder of the certificate and state the reasons for the denial or
suspension, as appropriate.
(f) Any
person subject to certification under this chapter shall be exempt from any
other State, county or municipal certification, licensing or registration
requirements for installing, servicing, repairing, inspecting or maintaining
fire protection equipment.