N.J. Admin. Code § 13:45A-17A.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45A-17A.4 - Initial and renewal applications

(a) Home improvement contractors seeking to become registered under this subchapter shall apply to convert their registration to a home elevation contractor by submitting the following information in addition to that required by (c) and (d) below, on forms provided by the Director:

1. A current and valid registration number;

2. A certification that the applicant contractor currently has, in an ownership or staff position, at least one named person with a minimum of five years of experience in home elevation, including working directly on home elevation projects and training in the operation of home elevation equipment and describing such experience; and

3. Proof of the home elevation contractor's insurance policies in the types and amounts that comply with the requirements of 13:45A-17A.11(a)1.

(b) Home elevation contractors who have converted their HIC registrations under (a) above, and those who have initially registered after October 1, 2014, under (c) below, no later than June 17, 2015, shall submit the following on forms provided by the Director:

1. Proof of the home elevation contractor's insurance policies in the types and amounts that comply with the requirements of 13:45A-17A.11(b);

2. A letter from a surety company authorized to do business in the State, addressed to the Division, to the effect that the applicant has a bonding capacity of at least $ 500,000; and

3. A list of three references, complete with contact information, for whom the experienced individual in an ownership or staff position in the home elevation contractor has elevated a residential or non-commercial structure within the past five years.

(c) Applicants seeking to engage in home elevations who do not have a current and valid registration as a home improvement contractor shall apply for initial registration with the Division by submitting the following on forms provided by the Director:

1. The name and street address of each place of business of the home elevation contractor and any fictitious or trade name to be used by the home elevation contractor;

2. The type of business organization;

3. The name, residence, and business street address of each officer, director, principal, and person with an ownership interest of 10 percent or more in the entity, including the percentage of ownership held;

4. The name and number of any professional or occupational license, certificate, or registration issued by this State or any other governmental entity to any officer, director, principal, or person with an ownership interest of 10 percent or more in the entity;

5. Whether the entity, any officer, director, principal, or person with an ownership interest of 10 percent or more in the entity has been adjudged liable in an administrative or civil action involving any of the situations in (c)5i through v below either as a home improvement contractor or a home elevation contractor. For the purposes of this paragraph, a judgment of liability in an administrative or civil action shall include, but not be limited to, any finding or admission that the entity, officer, director, principal, or person with an ownership interest of 10 percent or more in the entity engaged in an unlawful practice or practices related to any of the named situations in (c)5i through v below regardless of whether that finding was made in the context of an injunction, a proceeding resulting in the denial, suspension, or revocation of a license, certification, or registration, consented to in an assurance of voluntary compliance or any similar order or legal agreement with any state or Federal agency. As described above, this paragraph covers the following situations:

i. Obtaining any registration, certification, or license by fraud, deception, or misrepresentation;

ii. Engaging in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense;

iii. Engaging in gross negligence, gross malpractice, or gross incompetence;

iv. Engaging in acts of negligence, malpractice, or incompetence involving selling or making a home elevation or home improvement; or

v. Engaging in professional or occupational misconduct;

6. Whether the entity, any officer, director, principal, or person with an ownership interest of 10 percent or more in the entity has been convicted of any crime involving moral turpitude or any crime relating adversely to selling or making home elevations or other home improvements in any state or Federal proceeding. For the purpose of this paragraph, a plea of guilty, non vult, nolo contendere, or any other such disposition of alleged criminal activity shall be deemed a conviction;

7. Whether the entity, any officer, director, principal, or person with an ownership interest of 10 percent or more in the entity has had its authority to engage in the activity regulated by the Director revoked or suspended by any other state agency or authority;

8. Whether the entity, any officer, director, principal, or person with an ownership interest of 10 percent or more in the entity has violated or failed to comply with the provisions of any act, regulation, or order administered or issued by the Director;

9. Whether the entity, any officer, director, principal, or person with an ownership interest of 10 percent or more in the entity believes it, he, or she is unable to meet the requirements of the Act (56:8-136et seq.) or rule in this subchapter for medical or any other good cause to the detriment of the public's health, safety, and welfare;

10. The name and street address of an agent in the State of New Jersey for service of process; and

11. A certification that the applicant currently has, in an ownership or staff position, at least one named person with a minimum of five years of experience in home elevation, including working directly on home elevation projects and training in the operation of home elevation equipment and describing such experience.

(d) In addition to the information required in (c) above, the applicant shall include the following with the initial application:

1. A properly completed disclosure statement that complies with the requirements of 13:45A-17A.5;

2. Proof of the applicant's insurance policies in the types and amounts that comply with the requirements of 13:45A-17A.11(a)1 or (b) as applicable;

3. When applicable, a letter from a surety company authorized to do business in the State, addressed to the Division, to the effect that the applicant has a bonding capacity of at least $ 500,000;

4. The initial registration fee in the amount specified in 13:45A-17A.13unless not required pursuant to 13:45A-17A.3(c); and

5. A list of three references, complete with contact information, for whom the experienced individual in an ownership or staff position in the applicant has elevated a residential or non-commercial structure within the past five years.

(e) An application that is not completed because of the applicant's failure to cure a deficiency or to comply with the Director's request for additional information within two years from the date of the last deficiency notice or the date of the last written request for additional information shall be deemed to have been abandoned.

(f) A registered home elevation contractor shall include the following with the annual renewal application:

1. A completed renewal application on a form provided by the Director;

2. Proof of the home elevation contractor's insurance coverage in the types and amounts that comply with the requirements of 13:45A-17A.11(a)1;

3. A letter from a surety company authorized to do business in New Jersey and addressed to the Division to the effect that the applicant has a bonding capacity of at least $ 500,000, and stating the amount of bonds required by 13:45A-17A.11(a)2 that the applicant has outstanding;

4. The renewal registration fee in the amount specified in 13:45A-17A.13; and

5. If the completed renewal application is received by the Division after the renewal application's due date as specified on the renewal application, the late fee in the amount specified in 13:45A-17A.13.

(g) A home elevation contractor shall, at all times throughout the registration term, have at least one named person in an ownership or staff position with a minimum of five years of experience in home elevation, including working directly on home elevation projects and training in the operation of home elevation equipment. If at any time, there is no such person in management or on staff, the home elevation contractor shall notify the Division, in writing, within three calendar days.

(h) The first registration period shall expire on March 31, 2016. Thereafter, a registration period shall commence on April 1 of each year and end on the following March 31.

N.J. Admin. Code § 13:45A-17A.4

Adopted by 47 N.J.R. 1014(b), effective 4/21/2015.