N.J. Admin. Code § 5:74-2.1 - Business permits

(a) No business shall advertise that they are authorized to engage in the fire protection equipment business, or otherwise engage in the installation, service, repair, inspection or maintenance of fire protection equipment, unless the business satisfies the requirements of this chapter.

(b) A permit shall be required for each business that is engaged in the fire protection equipment business, or otherwise engages in the installation, service, repair, inspection or maintenance of fire protection equipment.

1. A permit shall not be required if a business entity's employees performs in-house the services listed in N.J.A.C. 5:74-2.2(a).

2. A permit shall not be required for the backflow portion of the required annual test of a testable backflow preventer. The tester shall have a valid certification from an agency that is recognized by the New Jersey Department of Environmental Protection, Bureau of Safe Drinking Water.

(c) An application for a permit to engage in the fire protection equipment business shall be made to the Contractor Certification and Emblems Unit within the Division of Fire Safety in the manner and on the forms as the Division may prescribe.

1. An application to engage in the fire protection equipment business shall include the name of the business, the address of the business, the name of each member, officer or director thereof, the name of the municipality and the location therein by street number or other appropriate description of the principal place of business and the location of each branch office.

2. The Division may require other information of the business firm to determine the professional competence and integrity of the concerned parties.

3. Permit holders shall apply for an amended permit whenever there is a change in qualifier, ownership address or other required information.

(d) An applicant seeking a permit to engage in the fire protection equipment business shall:

1. Be at least 18 years of age;

2. Be of good moral character, and not have been convicted of a crime of the first, second or third degree within 10 years prior to the filing of the application; and

3. Establish their qualifications to perform and supervise various phases of fire protection equipment installation, service, repair, inspection and maintenance as evidenced by successful completion of an examination approved by the Division.

(e) A business permit shall be issued to qualified applicants seeking to engage in the fire protection equipment business for a three-year period, upon payment of a permit fee. Permit renewals shall be issued for a three-year period upon the payment of a renewal fee. A renewal application shall be filed with the Contractor Certification and Emblems Unit at least 45 days prior to expiration of a permit. The renewal date for permits shall be April 30 or October 31 of each year. A permit issued pursuant to this chapter shall not be transferable. Business permits issued by the New Jersey Division of Fire Safety with an expiration date of April 30, 2020 or October 31, 2020, are extended to December 31, 2020. This will enable the business qualifiers to obtain and complete the necessary classes to qualify for business permits. There shall be no additional expense or cost due as a result of this extension. Future business permit cycles will return to the established expiration dates under the existing rule.

(f) No holder of a business permit qualified under the provisions of this chapter shall engage in the fire protection equipment business unless the permit holder:

1. Maintains at least one business office within this State or files with the Division a statement, duly executed and sworn to before a person authorized by the laws of this State to administer oaths, containing a power of attorney constituting the Division the true and lawful attorney of the permit holder upon whom all original process in an action or legal proceeding against the permit holder may be served and in which the permit holder agrees that the original process that may be served upon the attorney shall be of the same force and validity as if served upon the permit holder and that the authority thereof shall continue in force so long as the permit holder engages in the fire protection equipment business;

2. Clearly marks the outside of each installation and service vehicle to be used in conjunction with the fire protection equipment business with the business name, Division permit number prefaced with "NJDFS Permit", and a 24-hour emergency service telephone number, if required in (f)4 below. Both sides of the vehicle must be marked. The marking of the vehicle must use letters and numbers at least one inch in height and must be in a contrasting color to the vehicle;

3. By January 1, 2007, renders all required tags and inspection forms identical in form and color to that approved by the Division of Fire Safety and preprinted with the company name, business permit number, and an area for a certified individual's certification number.

4. Maintains an emergency service telephone number attended to on a 24-hour basis and responds within one hour to emergencies on a 24-hour basis. This requirement shall be required for contractors who service or repair fire sprinkler, special hazard, fire alarm or kitchen fire suppression systems;

5. Certifies that no employee of the business permit holder shall engage in the installation, service, repair, inspection or maintenance of fire protection equipment unless the permit holder bears full responsibility for the inspection of all work to be performed in compliance with recognized safety standards; and

6. Certifies that the business permit holder shall be liable for any unprofessional conduct of an employee while acting within the scope of his employment, except that the conduct shall not be cause for suspension or revocation of a permit, unless the Division determines that the permit holder had knowledge thereof, or there is shown to have existed a pattern of unprofessional conduct.

(g) If the Division determines that an applicant for a business permit holds a valid license, registration, certification or other authorization from another jurisdiction which requires equal or greater experience and knowledge requirements, the Division may accept the evidence of that license, registration, certification or other authorization as meeting the experience and knowledge requirements of this chapter for a person to engage in the fire protection equipment business.

(h) All business permit holders shall carry commercial general liability insurance, including products and completed operations, in the minimum amount of $ 1,000,000 for each coverage. The permit holder shall furnish a general warranty for one year with each system installation.

(i) Any change in more than 50 percent of the ownership of a fire protection equipment business shall require an amended business permit.

(j) An application for an amended business permit shall be submitted within 60 days of a change of ownership or change of company name or location.

(k) Business permits are non-transferable and shall be displayed prominently in the principal work place.

(l) A certificate holder, as prescribed in N.J.A.C. 5:74-1.8, shall not be used to qualify more than one fire protection equipment business.

(m) The Division shall be notified within 30 days if a certificate holder leaves the fire protection equipment business or is replaced.

1. No fire protection equipment business shall be denied the privilege of continuing business as a fire protection contractor in the event of death, illness, or other physical disability of the certificate holder who qualified the fire protection contractor for a business permit under this section, for at least six months following the date of such death, illness or other physical disability; provided that the fire protection contractor operates under such qualified supervision as the Division deems adequate. If, after six months, the fire protection contractor has failed to employ another certificate holder, then the Division shall revoke its fire protection contractor business permit.

(n) Whenever the Division shall find cause to deny an application for a fire protection contractor business permit or to suspend or revoke a fire protection contractor business permit, the Division shall notify the applicant or the holder of the business permit and state the reasons for the denial or suspension, as appropriate.

Notes

N.J. Admin. Code § 5:74-2.1

Modified by Executive Order No. 103(2020) 52 N.J.R. 1308(a), effective 4/29/2020