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414
River View Plaza, Trenton, New Jersey 08611-3420
Phone:
609.278.9000 • Fax: 609.393.9891 |
NEW JERSEY REGISTER Proposed Amendments: N.J.A.C. 5:10-1.3, 1B.2, 1B.6 and 1B.8 Authorized By: Susan Bass Levin, Commissioner, Department of Community Affairs. Authority: N.J.S.A. 55:13A-6(e) and 13a. Calendar Reference: See Summary below for explanation of exception to calendar requirement. Proposal Number: PRN 2005-190. A public hearing on this proposal will be held on Tuesday, June 21, 2005 at 10:00 A.M. at the William Ashby Department of Community Affairs Building, 101 South Broad Street, Trenton, New Jersey. Persons planning to attend this hearing are requested to contact Cynthia Cordero at (609) 292-7898 in order to arrange for scheduling. Persons requiring accommodations due to disability, such as the presence of a sign language interpreter, must contact Ms. Cordero at least one week prior to the hearing so that necessary arrangements may be made. Submit written comments by August 5, 2005 to: Michael L. Ticktin, Esq. Chief, Legislative Analysis Department of Community Affairs PO Box 802 Trenton, New Jersey 08625 Fax: (609) 633-6729 The agency proposal follows: Summary Rules governing the licensing of local hotel and multiple dwelling inspectors and housing officials became operative on July 2, 2002. The Department is now proposing amendments to those rules in order to provide clarification and otherwise address issues that have arisen in the course of implementation. Under the current rules, persons employed by municipalities to perform inspections under the Hotel and Multiple Dwelling Law as of July 1, 2002 are entitled to be licensed without having to meet experience requirements, but must meet the education and testing requirements. The Department proposes that provision at N.J.A.C. 5:10-1.3(c)1 be removed as most, if not all, eligible municipal employees have now been licensed or can qualify under other provisions in the rules. The proposed amendment at N.J.A.C. 5:10-1.3(g) would also delegate licensing and training functions to the Bureau of Code Services, since that is a function that it already discharges with respect to State Uniform Construction Code enforcement. Various other amendments are proposed, including a moving of continuing education requirements to the rules concerning license renewal, to which they are applicable. At N.J.A.C. 5:10-1B.2, inconsistencies in licensing requirements for the Housing Code Official license are corrected, including requiring four years of experience regardless of which form it takes. More specifically, code enforcement and technical housing management experience are proposed to be equal to the other types of qualifying experience and licensed experience as an Inspector of Hotels and Multiple Dwelling is revised to equate to the above referenced four-year total. At N.J.A.C. 5:10-1B.6(e), continuing education requirements for housing officials are proposed to be increased from 2.0 continuing education units (CEUs) to 3.5 CEUs, while those for inspectors would be increased from 1.0 CEU to 2.5 CEUs. A CEU is equal to 10 hours of instruction. All CEU requirements must be met within each three-year licensing cycle. The proposed amendment would allow a course to be counted towards all licenses to which it might be applicable. The proposed amendment to N.J.A.C. 5:10-1B.8 would raise the three-year licensing fee, both initial and renewal, from $20.00 to $65.00, which is the current level of licensing fees under the State Uniform Construction Code. However, licensees who also hold construction code licenses would have their licenses issued under this chapter expire at the same time as their construction code licenses, in which case only a single $65.00 renewal fee would be charged for all licenses. The proposed amendment would also establish a late fee of $65.00 per year or portion thereof for renewal of a lapsed license. All fees would be nonrefundable. Inasmuch as a 60-day comment period is being provided for this rule proposal, the proposal, in accordance with N.J.A.C. 1:30-3.3(a)5, is not subject to the provisions of N.J.A.C. 1:30-3.1 and 3.2 governing rulemaking calendars. Social Impact The proposed amendments would clarify the rules governing licensing under the Hotel and Multiple Dwelling Law. The purpose of the amendments is to assure proper enforcement of the Hotel and Multiple Dwelling Law in order to protect the health and safety of building occupants and the public. Economic Impact The proposed amendments would increase licensing fees from $20.00 every three years to $65.00 every three years, which is the same level as construction code licensing fees. However, there would be a lowering of costs for construction code licensees whereas their licenses under this chapter terminate on the same date as their construction code licenses. Clarification of the experience requirements may require some persons to get additional experience in order to qualify for licensure. Federal Standards Statement No Federal standards analysis is required because these rules are not being proposed for amendment under the authority of, or in order to implement, comply with, or participate in, any program established under, Federal law or under a State statute that incorporates or refers to Federal law, standards or requirements. Jobs Impact The Department does not expect that adoption of the proposed amendments would result in the creation or loss of any jobs. Agriculture Industry Impact The proposed amendments would have no impact upon the agriculture industry. Regulatory Flexibility Statement The proposed amendments apply to municipalities that elect to establish local enforcing agencies to enforce all aspects of the Hotel and Multiple Dwelling Law and to individuals seeking licensure as housing officials and hotel and multiple dwelling inspectors. The proposed amendments do not impose any reporting, recordkeeping or compliance burdens on "small businesses," as defined in the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Smart Growth Impact The adoption of the proposed amendments would have no impact upon the achievement of smart growth or the implementation of the State Development and Redevelopment Plan. Full text of the proposal follows : << NJ ADC 5:10-1.3 >> 5:10-1.3 Administration and enforcement (a)-(b) (No change.) (c) As of July 1, 2004, no municipality or county may employ a person to perform inspections under (b) above unless that person is licensed pursuant to N.J.A.C. 5:10-1B. <<-1. Persons employed by a municipality or county on July 1, 2002 to perform inspections under the Act and these rules need not meet the experience requirement of N.J.A.C. 5:10-1B.2(b)1i, 2i or 3i in order to be licensed, but shall be required to successfully complete both the approved course required for the position and the State Uniform Test Module.->> (d)-(f) (No change.) <<+(g) The Bureau of Code Services shall serve as the agent for the Bureau of Housing Inspection for the purpose of administering the licensing and training of housing officials, inspectors and trainees.+>> << NJ ADC 5:10-1B.2 >> 5:10-1B.2 Types of licenses (a) (No change.) (b) License types and qualifications are as follows: 1. (No change.) 2. Inspector of hotels and multiple dwellings: Persons may apply for <<+ licensure,+>> and shall be licensed under this category<<+,+>> subject to compliance with the following requirements: i.-ii. (No change.) iii. Successful completion of a State uniform test module for licensure as inspector of hotels and multiple dwellings; <<+and+>> <<-iv. Participation in a program of continuing education by taking two courses within the three-year renewal cycle, at least one of which is technical; and->> <<-v.->><<+iv.+>> (No change in text.) 3. Housing code official: Persons holding inspector of hotel and multiple dwelling<<+s+>> licensure may apply for <<+licensure,+>> and shall be licensed under this category<<+,+>> subject to compliance with the following requirements: i. At least four years of full-time experience <<+in a skilled craft or profession+>> in the construction industry <<-performing->><<+, such as+>> engineering <<+or+>> architectural <<+draftsman+>> or inspection work or working as a fire inspector, carpenter, plumber, electrician, <<-etc.->> <<+or in some other construction trade;+>> or <<-two->> <<+four+>> years of technical experience in housing management or <<+housing+>> code enforcement or <<-two years->> <<+ one year+>> as a licensed inspector of multiple dwellings. ii. Successful completion of an approved 60<<+-+>>hour course for housing code official; <<+and+>> <<-iii. Participation in an approved continuing education program for housing code official by taking two courses within the three-year cycle, one of which must be administrative and one technical; and->> <<-iv.->><<+iii.+>> (No change in text.) 4. (No change.) (c) (No change.) << NJ ADC 5:10-1B.6 >> 5:10-1B.6 Renewal of license (a)-(b) (No change.) (c) Where the holder of a license has allowed it to lapse by failing to renew the license, as provided in (a) above, within three years of the license having lapsed, then the application may be made in the same manner as a regular renewal, but the application shall be accompanied by the appropriate renewal fee and an additional late fee <<-of $20.00 per year, or fraction thereof->> <<+determined in accordance with N.J.A.C. 5:10-1B.8(b)+>>. Additionally, the licensee must make up or meet the appropriate continuing education <<-training->> requirement for each active and expired year<<+,+>> as specified in <<-these rules->> <<+(e) below+>>. <<+1. +>>Where the license has lapsed for a period exceeding three years <<+or has been revoked+>>, a new application shall be required<<+,+>> in accordance with N.J.A.C. 5:10-1B.2<<+,+>> and the applicant shall meet all current licensure requirements. <<+In any such case, the provisions of N.J.A.C. 5:10-1B.2(b)4i and ii shall not apply.+>> (d) (No change.) (e) Continuing education requirements for each three-year license cycle are as follows: 1. The following continuing education requirements are based upon the type(s) of license(s) held, and not upon employment positions held. Continuing education units (CEU<<-'->>s) shall be subject to approval by the Department. One CEU equals 10 contact hours <<+of instruction+>>. CEUs will be awarded both for technical and for administrative licenses. i. Inspector of Hotels and Multiple Dwellings<<-, only->>: <<- 1.0->> <<+2.5 technical+>> CEU<<-'->>s <<-of which at least 0.5 CEU's must be technical in nature->>. ii. Inspector of Hotels and Multiple Dwellings and Housing Code Official: <<-2.0->> <<+1.0 administrative CEU and 2.5 technical+>> CEU<<-'->>s<<-, of which at least 0.5 CEU's must be technical and at least 0.5 CEU's must be administrative->>. 2. (No change.) <<+3. CEU credit for a given course shall be allowed with respect to all licenses held by a licensee to which the course may be applicable.+>> << NJ ADC 5:10-1B.8 >> 5:10-1B.8 Fees (a) No application for a license shall be acted upon unless the application is accompanied by a fee <<+or fees+>> as follows: 1. The initial application fee shall be <<-$20.00->> <<+$65.00, regardless of the number or type(s) of licenses applied for at the same time;+>> and 2. The three-year renewal application fee shall be <<-$20.00->> <<+ $65.00, regardless of the number or type of license renewals applied for at the same time+>>. <<+(b) There shall be a late fee of $65.00 per year or portion thereof that shall be required to be paid, in addition to the application fee, as part of any application for renewal of a lapsed license within three years of the date of expiration.+>> <<+(c) Any person holding a State Uniform Construction Code license shall have a license issued pursuant to this chapter so that its expiration date will coincide with that of the construction code license. In such event, the same form may be used to apply for renewal of both the construction code license(s) and the license(s) issued pursuant to this chapter and the only renewal fee shall be as required by N.J.A.C. 5:23-5.23.+>> <<+(d) All fees specified in this section shall be nonrefundable.+>> 37 N.J.R. 1929(a) END OF DOCUMENT |