Bill Text: NJ S642 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires chimney sweeps to be registered.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Commerce Committee [S642 Detail]
Download: New_Jersey-2010-S642-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator ANDREW R. CIESLA
District 10 (Monmouth and Ocean)
SYNOPSIS
Requires chimney sweeps to be registered.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning chimney sweeps and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Chimney sweep" means a person engaged in the business of chimney sweeping, and includes a corporation, partnership, association and any other form of business organization or entity, and its officers, representatives, agents and employees.
"Chimney sweeping" means: cleaning, sweeping, inspecting or providing preventive maintenance of metal or masonry flues, fireplaces, wood and gas fireplace stoves and stove inserts, free-standing wood and gas burning stoves, masonry or metal smoke chambers and vent connectors; repair or rebuilding, relining or replacement of metal or masonry flues and vent connectors; replacement or installation of fireplaces, wood and gas burning stoves and stove inserts; and installation of metal or masonry flues and vent connectors.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
2. a. No person shall engage, or offer or attempt to engage in the business of chimney sweeping unless registered with the division in accordance with the provisions of this act.
b. Every applicant for registration as a chimney sweep shall file an application with the director on a form provided by the division, which form shall be accompanied by a reasonable fee, set by the director in an amount sufficient to defray the division's expenses incurred in administering and enforcing this act. Applications for renewal registration shall be filed with the director biennially on a form provided by the division and accompanied by a renewal fee, set by the director.
c. Every chimney sweep required to register under this act shall file an amended registration within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment.
3. The provisions of this
act shall not apply to any person engaged in a profession or occupation
requiring registration,
certification or licensure by the State or federal government, who is acting
within the scope of his profession.
4. Any person who advertises in print or distributes any sign or card or other device after the effective date of this act which would indicate to the public that he is a chimney sweep in New Jersey, or who causes his name or business name to be included in a classified advertisement or directory in New Jersey after the effective date of this act under a classification for chimney sweeping covered by this act, is subject to the provisions of this act.
5. In addition to any other procedure, condition or information required by this act:
a. Every applicant shall file a disclosure statement with the director stating whether the applicant has been convicted of any crime, which for the purposes of this act shall mean a violation of any of the following provisions of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, or the equivalent under the laws of any other jurisdiction:
(1) Any crime of the first degree;
(2) Any crime which is a second or third degree crime and is a violation of chapter 20 or 21 of Title 2C of the New Jersey Statutes; or
(3) Any other crime which is a violation of N.J.S.2C:5-1, 2C:5-2, 2C:11-2 through 2C:11-4, 2C:12-1, 2C:12-3, 2C:13-1, 2C:14-2, 2C:15-1, subsection a. or b. of 2C:17-1, subsection a. or b. of 2C:17-2, 2C:18-2, 2C:20-4, 2C:20-5, 2C:20-7, 2C:20-9, 2C:21-2 through 2C:21-4, 2C:21-6, 2C:21-7, 2C:21-12, 2C:21-14, 2C:21-15, or 2C:21-19, chapter 27 or 28 of Title 2C of the New Jersey Statutes, N.J.S.2C:30-2, 2C:30-3, 2C:35-5, 2C:35-10, 2C:37-1 through 2C:37-4.
b. The director may refuse to issue or may suspend or revoke any registration issued by him upon proof that the applicant or holder of the registration:
(1) Has obtained a registration through fraud, deception or misrepresentation;
(2) Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
(3) Has engaged in gross negligence, gross malpractice or gross incompetence;
(4) Has engaged in repeated acts of negligence, malpractice or incompetence;
(5) Has engaged in professional or occupational misconduct as may be determined by the director;
(6) Has been convicted of
any crime involving moral turpitude or any crime relating adversely to the
activity regulated by this act. For the purpose of this paragraph a plea of
guilty, non vult, nolo
contendere or any other such disposition of alleged criminal activity shall be
deemed a conviction;
(7) Has had his authority to engage in the activity regulated by the director revoked or suspended by any other state, agency or authority for reasons consistent with this section;
(8) Has violated or failed to comply with the provisions of any act or regulation administered by the director;
(9) Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare.
c. An applicant whose registration is denied, suspended or revoked pursuant to this section shall, upon a written request transmitted to the director within 30 calendar days of that action, be afforded an opportunity for a hearing in a manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
d. An applicant shall have the continuing duty to provide any assistance or information requested by the director, and to cooperate in any inquiry, investigation or hearing conducted by the director.
e. If any of the information required to be included in the disclosure statement changes, or if additional information should be added after the filing of the statement, the applicant shall provide that information to the director, in writing, within 30 calendar days of the change or addition.
f. Notwithstanding the provisions of paragraph (6) of subsection b. of this section, no individual shall be disqualified from registration or shall have registration revoked on the basis of any conviction disclosed if the individual has affirmatively demonstrated to the director clear and convincing evidence of the individual's rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) The nature and responsibility of the position which the convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was committed;
(6) Whether the offense was an isolated or repeated incident;
(7) Any social conditions which may have contributed to the offense; and
(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs or the recommendation of persons who have had the individual under their supervision.
6. Each applicant for registration as a chimney sweep shall submit to being fingerprinted in accordance with applicable State and federal laws, rules and regulations for the purposes of a criminal history record background check to be performed by the director. The director is authorized to exchange fingerprint data with and receive criminal history record background information from the Division of State Police and the Federal Bureau of Investigation consistent with the provisions of applicable State and federal laws, rules and regulations. No criminal history record background check shall be performed pursuant to this act unless the applicant has furnished his written consent to that check. An applicant who refuses to consent to, or cooperate in, the securing of a criminal history record background check shall not be considered for registration pursuant to this act. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
7. a. Every registered chimney sweep shall secure, maintain and file with the director proof of a certificate of commercial general liability insurance in a minimum amount of $500,000 per occurrence, or, if commercial general liability insurance is not available, a letter of credit for at least $500,000.
b. Every registered chimney sweep whose commercial general liability insurance policy is cancelled or nonrenewed, or letter of credit is cancelled, shall submit to the director a copy of the certificate of commercial general liability insurance, or letter of credit, as appropriate, for a new or replacement policy or letter of credit which meets the requirements of subsection a. of this section before the former policy or letter of credit is no longer effective.
8. All registrants shall prominently display their registration numbers within their places of business, in all advertisements distributed within this State, on business documents, contracts and correspondence with consumers of home improvement services in this State, and on all commercial vehicles registered in this State and leased or owned by registrants and used by registrants for the purpose of providing home improvements, except for vehicles leased or rented to customers of registrants by a registrant or any agent or representative thereof.
9. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate any provision of this act.
10. The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act.
11. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill provides for the biennial registration of chimney sweeps with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. As defined in the bill, "chimney sweep" means a person or business entity engaged in the business of chimney sweeping; and "chimney sweeping" means: cleaning, sweeping, inspecting or providing preventive maintenance of metal or masonry flues, fireplaces, wood and gas fireplace stoves and stove inserts, free-standing wood and gas burning stoves, masonry or metal smoke chambers and vent connectors; repair or rebuilding, relining or replacement of metal or masonry flues and vent connectors; replacement or installation of fireplaces, wood and gas burning stoves and stove inserts; and installation of metal or masonry flues and vent connectors.
Every applicant for registration must file a disclosure statement with the director, stating whether the applicant has been convicted of certain crimes enumerated in the bill. An applicant for registration as a chimney sweep is also required to undergo a criminal history record background check. The costs for the background check shall be borne by the applicant.
Further, the bill requires every registered chimney sweep to secure and maintain commercial general liability insurance in a minimum amount of $500,000 per occurrence, or, if such liability insurance is not available, a letter of credit for at least $500,000. Every registered chimney sweep whose liability insurance is cancelled or nonrenewed, or letter of credit is cancelled, shall submit to the director a copy of the certificate of commercial general liability insurance or letter of credit, as appropriate, for a new or replacement policy or letter of credit before the former policy or letter is no longer effective.
The bill makes violators subject to the provisions of the consumer fraud law, P.L.1960, c.39 (C.56:8-1 et seq.). The bill also authorizes the Director of the Division of Consumer Affairs to refuse to issue or renew, or to suspend or revoke, the registration of any person who violates its provisions.
