N.J. Admin. Code § 13:31A-3.7

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

Section 13:31A-3.7 - Supervision of burglar alarm or fire alarm business employees

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

(b) The business qualifier shall:

1. Supervise the provision of burglar alarm or fire alarm 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 burglar alarm or fire alarm work performed in New Jersey, where the business license holder does not maintain a New Jersey office pursuant to N.J.A.C. 13:31A-3.5(a).

(c) Every 10 employees who are performing burglar alarm or fire alarm 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 installation, servicing or maintenance of burglar alarm or fire alarms while unsupervised pursuant to N.J.A.C. 13:31A-3.6(b).

(d) The business qualifier, a licensee or a supervising employee shall indirectly supervise an employee performing any of the functions listed in (d)1 through 6 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. The inspection and testing of burglar alarm, fire alarm or electronic security systems;

2. The repair or replacement of any component of a burglar alarm, fire alarm or electronic security system with an identical component;

3. The cleaning and calibration of burglar alarm, fire alarm or electronic security systems or any component thereof;

4. Any work performed by an employee who is certified by the product manufacturer to perform work on a particular product;

5. The installation of rough wiring that is subject to inspection by the licensee; and

6. The survey of a premises, the design and preparation of specifications, and the demonstration of burglar alarm, fire alarm or electronic security systems.

(e) If an employee is performing any burglar alarm, fire alarm or electronic security system work, 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, licensee or 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-3.7

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 installation, servicing or maintenance of burglar alarm or fire alarms while unsupervised pursuant to" for "who has satisfied the requirements of".