N.J. Admin. Code § 13:32A-5.3

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

Section 13:32A-5.3 - Bona fide representative responsibilities

(a) A bona fide representative registered with the Board pursuant to N.J.A.C. 13:32A-5.2 shall:

1. Give notice to the Board in writing concerning any change in the name or address of the entity within 10 days of the change;

2. Secure or instruct an authorized employee, or an independent master HVACR contractor, to secure all necessary permits as may be required by State and local law for the performance of HVACR work to be performed by the HVACR business. In making an application for permit issuance, the authorized employee or independent master HVACR contractor shall have in his or her possession a letter authorizing him or her to make the application. A letter of authorization may authorize a permit application for a specific period of time, not to exceed 60 days, and shall have affixed to it the seal of the bona fide representative. In all circumstances, the permit shall be signed by a master HVACR contractor and all work shall be supervised in the manner set forth in (a)3 below;

3. Supervise the performance of all HVACR work performed by the HVACR business as follows:

i. If the person performing the work is a master HVACR contractor, the bona fide representative shall require at the beginning of the job an initial report on the work to be performed and upon completion of the job a final report on the work performed;

ii. If the person performing the work has completed at least two years of experience in the practice of HVACR, the bona fide representative or a master HVACR contractor employed by the HVACR business shall maintain daily contact with the person either directly, by telephone, or through writing and, where the work requires an HVACR permit, shall inspect the work upon completion. Any such contact shall be recorded by the bona fide representative or the master HVACR contractor employed by the HVACR business;

iii. If the person is performing preventative maintenance on an HVACR system and has at least one year of experience in the practice of HVACR, the bona fide representative or a master HVACR contractor employed by the HVACR business shall maintain daily contact with the person either directly, by telephone, or through writing. Any such contact shall be recorded by the bona fide representative or the master HVACR contractor employed by the HVACR business; and

iv. Except as set forth in (a)3iii above, if the person performing the work has less than two years experience, the bona fide representative shall ensure constant on-site supervision by a master HVACR contractor, or an HVACR journeyperson with at least five years experience, during all times that HVACR services are being performed;

4. Be responsible for any and all violations of N.J.S.A. 45:16A-1 et seq. committed by employees of the HVACR business if said violations were committed during the course of work that he or she was required to supervise;

5. Serve as a bona fide representative for only one HVACR business; and

6. Maintain a place of business in the State of New Jersey or designate, and notify the Board of the identity of, an agent or entity in New Jersey for service of process.

(b) Nothing in this chapter shall preclude the Board from proceeding against both the bona fide representative for an HVACR business or any other master HVACR contractor employed by such a business who can be shown to have violated N.J.S.A. 45:16A-1 et seq. or Board rules. Nothing shall preclude any person entitled to maintain an action on a bond from proceeding pursuant to N.J.A.C. 13:32A-5.6 against the bona fide representative and any other master HVACR contractor who has failed to perform the duties required by N.J.S.A. 45:16A-1 et seq.

(c) The bona fide representative of any HVACR business that contracts to provide HVACR services to a consumer and wishes to subcontract that HVACR work to another HVACR business shall:

1. Subcontract only to a business whose sole proprietor is a licensed master HVACR contractor or which has a bona fide representative who is registered with the Board. The bona fide representative for the original master HVACR contractor shall be responsible for ensuring that the subcontractor has a registered bona fide representative;

2. Require of the subcontractor that a copy of any permit applications, permits, and changes in application or permit shall be delivered to the original HVACR business within five business days of the date the application or permit is filed;

3. Notify the consumer, prior to the beginning of any work, that the work has been subcontracted to another HVACR business and provide the consumer with the name, address, and telephone number of the subcontractor and the name and license number of the subcontractor's bona fide representative;

4. Advise the consumer prior to the beginning of any work that he or she has the right to terminate the contract prior to the beginning of any work because of the subcontracting;

5. Notify the consumer that the original HVACR business as well as the subcontractor remain liable for any defects, damages, or other losses that may result from the negligence, misconduct, or insolvency of the subcontractor;

6. Require that the subcontractor immediately notify the original HVACR business of any complaints by the consumer or the consumer's representative or by any governmental official; and

7. Supervise the work of the subcontractor in the same manner as required by (a)3i above.

(d) The bona fide representative shall have sufficient knowledge of the HVACR business' bookkeeping system and financial accounts to inform the Board, upon request by the Board, regarding the business' price-setting, billings, costs, subcontractors, overhead costs, and profits.

N.J. Admin. Code § 13:32A-5.3

Amended by 47 N.J.R. 725(a), effective 4/6/2015.