N.J. Admin. Code § 13:31A-3.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 13:31A-3.5 - Burglar alarm or fire alarm business license holder requirements

(a) A burglar alarm or fire alarm business license holder shall:

1. Maintain at least one business office within the State or file with the Committee a statement, duly executed and sworn to before a person authorized by the laws of New Jersey to administer oaths, containing a power of attorney constituting the Committee as the true and lawful attorney of the licensee upon whom all original process in an action or legal proceedings against the licensee may be served and in which the licensee agrees that the original process that may be served upon the Committee shall be of the same force and validity as if served upon the licensee and that the authority thereof shall continue in force so long as the licensee engages in the burglar alarm or fire alarm business in the State;

2. Clearly mark the outside of each installation and service vehicle to be used in conjunction with the burglar alarm or fire alarm business, as set forth in 13:31A-1.13, with the name of the burglar alarm or fire alarm business, the name of the owner, lessee or lessor of the vehicle and the name of the municipality in which the owner, lessee or lessor has its principal place of business pursuant to 39:4-46. The sign or name plate used to comply with this requirement shall not be less than three inches high;

3. Maintain an emergency service number attended to on a 24-hour basis and respond appropriately to emergencies on a 24-hour basis when engaged in the burglar alarm or fire alarm business. For purposes of this section "attended to" means that the main business telephone number or another telephone number designated and advertised by the business as an emergency service telephone number is answered on a 24-hour per day basis. For purposes of this section "responds appropriately" means that within 24 hours, any person calling to request service shall be provided with the date and time when such service, if necessary, will be rendered; and

4. Retain and maintain during the term of the license general liability insurance in the amount of $ 1,000,000, and insurance coverage or a surety bond in favor of the State of New Jersey in the sum of $ 10,000, executed by a surety company authorized to transact business in the State of New Jersey which is approved by the Department of Banking and Insurance, and which is conditioned on the faithful performance of the provisions of the Act.

i. An action may be maintained on the bond required by (a)4 above by any person injured, aggrieved or damaged through the failure of the obligor to perform the duties prescribed for burglar alarm or fire alarm license holders under the Act and the rules of this subchapter.

(b) A burglar alarm or fire alarm business license holder shall be responsible for any unlawful or unprofessional conduct by an employee in the course of his or her employment. Such conduct shall be cause for suspension or revocation of the employer's license if it is established that the licensee had knowledge of the unlawful or unprofessional conduct, or that there existed a pattern of unlawful or unprofessional conduct.

(c) A burglar alarm or fire alarm business license holder who employs a person in connection with a burglar alarm or fire alarm business shall notify the Committee, in writing, within 30 days of such employment and shall provide the Committee with the following information and materials:

1. A two-inch by two-inch passport-size photograph of the employee;

2. A list of all criminal offenses of which the employee has been convicted, including the date and place of each conviction and the name under which the employee was convicted, if other than the name on the written notification provided to the Committee;

3. The employee fingerprints provided in such manner as directed by the Division;

4. Evidence of practical experience and professional competence as set forth in 13:31A-3.6, if the work of the employee is not directly supervised; and

5. A certified check or money order payable to the Committee in the amount of the employee listing fee set forth in 13:31A-1.4. Payment for the criminal history records check shall be in the amount and by the means set forth in the application. The employer shall bear the cost of the records check.

(d) If the Committee determines that the evidence of practical experience and professional competency provided pursuant to (c)4 above fails to satisfy the requirements of 13:31A-3.6, the Committee shall advise the licensee of the employee's unfitness to engage in the burglar alarm or fire alarm business.

N.J. Admin. Code § 13:31A-3.5