N.J. Admin. Code § 12:90-8.20

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:90-8.20 - Employment of unlicensed person in emergency

(a) Employers shall immediately request permission from the Bureau of Boiler and Pressure Vessel Compliance, in writing, if for any reason of emergency it becomes necessary to employ an unlicensed person temporarily for a period not to exceed 15 days explaining fully the circumstances.

(b) The Commissioner may extend the time period to a maximum of one year under (a) above provided that a written extension request is received by the Bureau of Boiler and Pressure Vessel Compliance prior to the expiration of the 15 day period in (a) above. Such request shall contain:

1. The reason for the emergency condition;

2. A date certain when a licensed person will be employed;

3. The method used and efforts made in searching for a licensed person;

4. The name of the unlicensed person currently employed and if the unlicensed person has made an application for examination with the Bureau of Boiler and Pressure Vessel Compliance; and

5. Such other information as the Commissioner shall direct.

(c) Late requests for extension are subject to penalties which must be satisfied prior to permission being granted.

(d) If additional time is required after the period granted in (b) above has expired, requests may be considered on a case-by-case basis, and only when documentation has been provided outlining why additional time is required.

(e) If an unlicensed person in (b)4 above who has filed an application with the Bureau of Boiler and Pressure Vessel Compliance fails to appear for an examination as notified or a licensed person is not hired within the extension period set by the Commissioner, the Commissioner may at his or her discretion refer a licensed person from an employment agency or other appropriate source to the employer. A penalty may be imposed of not less than $ 500.00 nor more than $ 5,000 per day for each violation as provided in 34:7-6.

(f) The employer shall notify the Bureau of Boiler and Pressure Vessel Compliance when a licensed person is employed, giving the name, address, and license, grade and number of such employee.

N.J. Admin. Code § 12:90-8.20

Amended by R.1990 d.24, effective 1/16/1990.
See: 21 New Jersey Register 3247(a), 22 New Jersey Register 235(a).
Requirements for requests to employ unlicensed persons added at (b) and (c).
Amended by R.1994 d.599, effective 12/5/1994.
See: 26 New Jersey Register 3810(a), 26 New Jersey Register 4828(a).
Amended by R.1997 d.537, effective 1/5/1998.
See: 29 New Jersey Register 3416(a), 30 New Jersey Register 73(a).
Inserted (d); and in (e), added a second sentence.
Amended by R.2004 d.195, effective 5/17/2004.
See: 36 New Jersey Register 147(a), 36 New Jersey Register 2421(b).
In (e), increased penalties from $ 50.00 to $ 500.00 and from $ 500.00 to $ 5,000.00 and deleted "day in" preceding "violation" in the second sentence.