New Jersey § 52:27d-25q

§ 52:27d-25q.

a. After the effective date of P.L.2001, c. 289 , no fire protection contractor shall engage in the installation, service, repair,

inspection, or maintenance of fire protection equipment without holding or employing

a person who holds a valid certificate of certification issued in accordance with P.L.2001, c. 289 ( C.52:27D-25n et seq. ), except that the commissioner shall determine by rules and regulations the date

after which no contractor may engage in the installation, service, repair, inspection,

or maintenance of fire dampers, combination fire and smoke dampers, or smoke control

systems without holding or employing a person who holds a valid certificate of certification

issued in accordance with P.L.2023, c. 186 ( C.52:27D-198.21 et al.) . A fire protection contractor who is not a certificate holder shall be required to

obtain a fire protection contractor business permit from the commissioner, which shall

be issued for three years upon payment of an appropriate fee set by the commissioner

and proof that the fire protection contractor employs a certificate holder. Notwithstanding the provisions of this section, persons holding a license to engage

in the fire alarm business pursuant to P.L.1997, c. 305 ( C.45:5A-23 et seq. ), or who are electrical contractors as defined in section 2 of P.L.1962, c. 162 ( C.45:5A-2 ), are exempt from the requirement of obtaining a certificate of certification under

this act to engage in the fire alarm business pursuant to this act to the extent that

such persons are acting within the scope of practice of their profession or occupation. The certificate required by this section shall define by class the type of work in

which a fire protection contractor may engage. Notwithstanding any provision of P.L.2001, c. 289 , the commissioner shall issue a certificate to any person who has been employed as

a fire protection contractor for a period of not less than five years on or before

the effective date of this act, upon application with submission of satisfactory proof

and payment by that person of the appropriate certification fee within 180 days following

the effective date of this act. b. The following certified classifications are hereby established: (1) An “ All Fire Protection Equipment Contractor ” is authorized to install, service, repair, inspect and maintain all fire protection

equipment listed in paragraphs (2) through (6) of this subsection . (2) A “ Fire Sprinkler System Contractor ” is authorized to install, service, repair, inspect and maintain fire sprinkler systems. (3) A “ Special Hazard Fire Suppression System Contractor ” is authorized to install, service, repair, inspect and maintain special hazard fire

suppression systems and kitchen fire suppression systems. (4) A “ Fire Alarm System Contractor ” is authorized to install, service, repair, inspect and maintain all fire alarm systems. (5) A “ Portable Fire Extinguisher Contractor ” is authorized to install, service, repair, inspect and maintain all portable fire

extinguishers. (6) A “ Kitchen Fire Suppression System Contractor ” is authorized to install, service, repair, inspect and maintain all kitchen fire

suppression systems. (7) A “ Smoke Damper, Fire Damper, and Combination Fire and Smoke Damper Contractor ” is authorized to install, service, repair, inspect, and maintain all smoke dampers,

fire dampers, and combination fire and smoke dampers. In addition to any other requirements adopted by the commissioner, a Smoke Damper,

Fire Damper, and Combination Fire and Smoke Damper Contractor shall participate in

an approved apprenticeship or skill training program that is registered with, and

approved by, the United States Department of Labor or a State apprenticeship agency,

as defined by the commissioner in rules or regulations, unless the commissioner determines

by rule or regulation that requiring participation in such a program would be substantially

detrimental to ensuring that a sufficient number of contractors are certified to conduct

the work within the scope of the contractor's certification class Statewide, and shall

hold a certification from an organization that has been accredited under or meets

the criteria required by the International Organization for Standardization/International

Electrotechnical Commission 17024 Personnel Certification standard, or such substantially

similar certification as determined by the commissioner in rules or regulations. Notwithstanding the provisions of this section, the commissioner may exempt by regulation

persons with related licenses or credentials from the requirement of obtaining a certificate

of certification as a Smoke Damper, Fire Damper, and Combination Fire and Smoke Damper

Contractor to engage in the initial installation of smoke dampers, fire dampers, and

combination fire and smoke dampers to the extent that such persons are acting within

the scope of practice of their profession or occupation. (8) A “ Smoke Control System Contractor ” is authorized to install, service, repair, inspect, and maintain all smoke control

systems. In addition to any other requirements adopted by the commissioner, a Smoke Control

System Contractor shall participate in an approved apprenticeship or skill training

program that is registered with, and approved by, the United States Department of

Labor or a State apprenticeship agency, as defined by the commissioner in rules or

regulations, unless the commissioner determines by rule or regulation that requiring

participation in such a program would be substantially detrimental to ensuring that

a sufficient number of contractors are certified to conduct the work within the scope

of the contractor's certification class statewide, and shall hold a certification

from an organization that has been accredited under or meets the criteria required

by the International Organization for Standardization/International Electrotechnical

Commission 17024 Personnel Certification standard, or such substantially similar certification

as determined by the commissioner in rules or regulations. Notwithstanding the provisions of this section, the commissioner may exempt by regulation

persons with related licenses or credentials from the requirement of obtaining a certificate

of certification as a Smoke Control System Contractor to engage in the initial installation

of smoke control systems to the extent that such persons are acting within the scope

of practice of their profession or occupation. c. A certified fire protection contractor shall perform work only within the scope

of the contractor's certification class. d. Any change in more than 50% of the ownership of a fire protection contractor shall

require an amended certificate of certification. An application for an amended certificate of certification shall be submitted within

60 days of a change of ownership or change of company name or location. Certificates of certification are non-transferable and shall be displayed prominently

in the principal work place. A certificate holder shall not be used to qualify more than one fire protection

contractor. The commissioner shall be notified within 30 days if a certificate holder leaves

the fire protection contractor or is replaced. Notwithstanding subsection a. of this section, no fire protection contractor 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 commissioner deems adequate. If, after six months, the fire protection contractor has failed to employ another

certificate holder, then the commissioner shall revoke its fire protection contractor

business permit. e. Whenever the commissioner shall find cause to deny an application for a certificate

of certification or to suspend or revoke a certificate, he shall notify the applicant

or the holder of the certificate and state the reasons for the denial or suspension,

as appropriate. f. Whenever the commissioner 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, he shall notify the applicant or the holder of the business permit and state

the reasons for the denial or suspension, as appropriate. g. Any person subject to certification under paragraphs (1) through (6) of subsection b. of this section shall be exempt from any other State, county, or municipal certification, licensing,

or registration requirements for installing, servicing, repairing, inspecting, or

maintaining fire protection equipment.