N.J. Admin. Code § 13:32A-7.15

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

Section 13:32A-7.15 - Bona fide representative responsibilities

(a) A bona fide representative registered with the Board pursuant to N.J.A.C. 13:32A-7.14shall:

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

2. Secure all necessary permits as may be required by State and local law for the performance of hearth professional work to be performed by the hearth professional work business, except when hearth professional work has been subcontracted to another licensed master hearth specialist pursuant to (c) below;

3. Supervise the performance of all hearth professional work performed by the hearth professional work business, as follows:

i. If the employee performing the work is a licensed master hearth specialist, 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 employee performing the work has two or more years of supervised experience in hearth professional work, the bona fide representative or a licensed master hearth specialist employee of the hearth professional work business shall maintain daily contact with the employee either directly or through electronic communication and, where the work requires a permit, shall inspect the work upon completion. Any such contact shall be recorded by the bona fide representative or the licensed master hearth specialist employee of the hearth professional work business; and

iii. If the employee performing the work has less than two years of supervised experience in hearth professional work, the bona fide representative shall ensure constant on-site supervision by a licensed master hearth specialist, during all times that hearth professional work services are being performed;

4. Be responsible for any and all violations at N.J.S.A. 45:16A-29 et seq., or Committee rules committed by employees of the hearth professional work business if said violations were committed during the course of work, which the bona fide representative was required to supervise;

5. Serve as a bona fide representative for only one hearth professional work business; and

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

(b) Nothing in this chapter shall preclude the Committee from proceeding against both the bona fide representative for a hearth professional work business or any other licensed master hearth specialist employed by such a business who can be shown to have violated N.J.S.A. 45:16A-29 et seq., or Committee rules.

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

1. Subcontract only to a business whose sole proprietor is a licensed master hearth specialist, or that has a bona fide representative who is registered with the Committee. The bona fide representative for the original licensed master hearth specialist 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 hearth professional work 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 hearth professional work 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 the consumer 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 hearth professional work 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 hearth professional work 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 at (a)3i above.

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

N.J. Admin. Code § 13:32A-7.15

Adopted by 54 N.J.R. 2146(a), effective 11/21/2022