New Jersey-2022-A571-Introduced

An Act providing for the licensure of general contractors and supplementing Title 45 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the "General Contractor Licensing Act."

2. As used in this act:

"Board" means the New Jersey State Board of General Contractors.

"General contractor" means an individual or business that shall be or can be classified in trade 008 or 009 by the Division of Property Management and Construction in the New Jersey Department of the Treasury to perform services including, but not limited to, general construction; alterations and additions; partitions and ceilings; doors and hardware; windows; siding and gutters; carpeting; carpeting; flooring and tile; millwork; insulation; acoustical work; concrete, foundation footings and masonry; fencing; curtain walls; site work; sewage and water treatment plants; landscape construction; road construction and paving; pumping stations; caulking and waterproofing; general painting; sandblasting; prefabrication buildings; prefabrication music and sound clean rooms; detention equipment systems; food service equipment; school furnishings; lab furniture and equipment; and seating and bleachers.

3. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the New Jersey State Board of General Contractors. The board shall consist of nine members who are residents of the State, two of whom shall be public members appointed by the Governor pursuant to subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2) and one of whom shall be designated by the Governor to represent the Executive Branch pursuant to subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2). Each of the remaining six members shall be appointed by the Governor, with the advice and consent of the Senate, and shall be residents of New Jersey who have practiced general contracting for at least 10 years immediately preceding their appointments. Of the members first appointed, other than the member representing the Executive Branch, four shall serve for a term of three years, three shall serve for a term of two years, and one shall serve for a term of one year. Thereafter, all members shall serve for a term of three years, and no member, other than the member representing the Executive Branch serving ex officio, shall serve for more than two consecutive terms.

4. The board shall:

a. Establish the standards required for licensure as a general contractor;

b. Review the qualifications of applicants for licensure as a general contractor under this act;

c. Ensure the proper conduct and standards of examination;

d. Issue and renew licenses to general contractors, pursuant to the provisions of this act;

e. Suspend, revoke, or not renew the license of a general contractor, pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

f. Prescribe or change the charges for examinations, licensures, renewals and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.);

g. Maintain a record of every general contractor licensed in this State, and the date and number of that license, and publish annually a list of the names and addresses of all licensees; and

h. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

5. No person shall practice, attempt to practice, or hold himself or herself out as being able to practice general contracting unless that person is licensed in accordance with the provisions of this act.

6. To be eligible for licensure as a general contractor, an applicant shall fulfill the following requirements:

a. Be at least 18 years of age;

b. Be of good moral character;

c. Receive a bachelors degree in project management, with at least 60 credits earned from courses in construction; and

d. Successfully pass an examination prepared by or approved by the board to determine the applicant's competence to practice general contracting.

7. a. The examination required by subsection d. of section 6 of this act shall be held within the State at least four times a year at a time and place to be determined by the board. The board may contract or otherwise arrange for reasonably required physical accommodations and facilities to conduct examinations.

b. The board may, by regulation, establish standards and procedures to provide that the examination be offered via the Internet.

8. a. All licenses shall be issued for a two-year period and shall be renewed upon filing of a renewal application and payment of the corresponding fee.

b. Licensure fees shall be determined by the board and established by regulation. Fees shall be established, prescribed to the extent necessary to defray all proper expenses incurred by the board and any staff employed to administer the provisions of this act but shall not be fixed at an amount that will raise revenue in excess of the amount estimated to be so required.

c. The board shall promulgate rules and regulations for implementing continuing education requirements as a condition of license renewal, which shall include the subject matter and content of courses of study.

9. The provisions of section 6 of this act shall not apply to:

a. Individuals who have had at least 10 years of experience in general contracting prior to the effective date of this act and who have not declared bankruptcy or changed the name of a company during that time; and

b. Individuals licensed, certified or registered in the State in a closely allied profession, including, but not limited to, architecture, professional engineering, home improvement contracting, and home elevation contracting.

10. Every holder of a license issued by the board shall have it available to show to the public at the work site where the holder is providing general contractor services.

11. This act shall take effect on the 180^th day next following enactment.

STATEMENT

This bill establishes the New Jersey State Board of General Contractors to regulate the general contracting profession by requiring licensure by the board. The board would consist of nine members, six of whom shall have been practicing general contracting in the State for at least 10 years. The board is to establish the standards required for licensure; review the qualifications of individuals who apply for licensure; ensure the proper conduct and standards of examination; renew, suspend or revoke licenses; prescribe or change fees for examination or licensure; and maintain a record of all licensed general contractors. No person may hold themselves out as a general contractor without being licensed.

Under the bill, to be eligible as a general contractor, one must be at least 18 years of age, of good moral character, have a bachelors degree in project management, with at least 60 credits earned from courses in construction, and have successfully passed an examination in general contracting prepared by or approved by the board. The examination is to be held in the State at least four times a year at a time and place determined by the board. The board may also arrange for reasonably required physical accommodations and facilities to conduct examinations. The board is also permitted to establish standards and procedures to provide that the examination be offered via the Internet. Individuals who have at least 10 years of experience performing general contracting services prior to the effective date of this act and who have not declared bankruptcy or changed the name of a company during that time is exempt from these education and examination requirements, as are individuals with a license, certification, or registration issued by the State in a closely allied profession.

Licenses issued by the board are to be renewed every two years. Fees for licensure are to determined by the board and established by regulation. The board shall promulgate rules and regulations for implementing continuing education requirements as a condition of licensure renewal, which are to include the subject matter and content of courses of study. Once a license is issued, the licensee is to have the license readily available at the work site where general contracting services are being performed.