N.J. Admin. Code § 13:31A-2.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:31A-2.8 - Supervision of locksmith employees

(a) The business qualifier shall assume full responsibility for the inspection and supervision of all locksmithing services performed by the business firm, and shall ensure compliance with all applicable Federal, State and local laws and codes.

(b) The business qualifier shall:

1. Supervise the provision of locksmithing services to ensure that such work is performed in compliance with all applicable Federal, State and local laws and codes;

2. Personally inspect the work of employees pursuant to (d) and (e) below;

3. Ensure that employees are afforded the degree of personal on-site supervision commensurate with their level of competence and the complexity of the work to be performed pursuant to (d) and (e) below; and

4. Be present, on a regular and continuous basis, at the principal office of the business firm, where the business license holder maintains a New Jersey office, or at work sites of locksmithing services performed in New Jersey, where the business license holder does not maintain a New Jersey office pursuant to N.J.A.C. 13:31A-2.6(a).

(c) Every 10 employees who are performing locksmithing services at either one job site or who are performing such work at several jobs at different sites simultaneously shall be supervised, pursuant to (d) below, by the business qualifier, a licensee or a supervising employee who is permitted to perform locksmithing services while unsupervised pursuant to N.J.A.C. 13:31A-2.7(b).

(d) The business qualifier, a licensee or a supervising employee shall indirectly supervise an employee performing the functions listed in (d)1 through 5 below, and shall ensure that the work has been completed. For purposes of this section, "indirect supervision" means that the business qualifier, the licensee or the supervising employee shall be reachable either in person or by electronic means to provide consultation to the employee. Indirect supervision shall be required for the following functions:

1. Opening existing locks;

2. Making keys for existing locks;

3. Repairing or recombining existing locks;

4. Installing mechanical security hardware on doors that are not designated as emergency exits; and

5. Performing the survey of a premises, the design and preparation of specifications, and the demonstration of electronic security systems.

(e) If an employee is performing any locksmithing services, other than the work specified in (d) above, the business qualifier, the licensee or the supervising employee shall directly supervise the employee and shall ensure a final inspection of the work upon completion. For purposes of this section, "direct supervision" means that the business qualifier, the licensee or the supervising employee shall provide constant on-site supervision of the employee.

(f) A business qualifier who violates any provision of this section shall be deemed to have engaged in professional misconduct within the meaning of N.J.A.C. 13:31A-1.14 and N.J.S.A. 45:1-21(e) and shall be subject to the provisions of N.J.S.A. 45:1-21.

N.J. Admin. Code § 13:31A-2.8

Amended by R.2009 d.300, effective 10/5/2009.
See: 41 N.J.R. 1940(a), 41 N.J.R. 3810(a).
In (c), deleted a comma following "licensee" and substituted "who is permitted to perform locksmithing services while unsupervised pursuant to" for "who has satisfied the requirements of".