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Public Works Contractors Apprenticeship Regulations

Public Works Contractors Apprenticeship Regulations

The New Jersey Department of Labor and Workforce Development has proposed regulations to implement recent legislative changes to the law mandating that all Public Works Contractors participate in a USDOL apprenticeship program.

After reviewing the proposed regulations they do not appear to warrant the outcry that has occurred on-line. The two most pertinent parts of the proposal are proposed NJAC 12:62-2.7 and 12:62-2.8, neither of which appear problematic.

• NJAC 12:62-2.7 proposes a continuing obligation on PWC to report changes that occur between registration cycles, for example, change in ownership, address, licenses, workers comp, etc., or a change in the apprenticeship program (NJ-IEC would be obligated to tell participating contractors) including the ERISA trust fund. The changes can be emailed.

• NJAC 12:62-2.8 outlines the requirement for apprenticeship programs which, to the best of my knowledge, appear to mirror the USDOL requirements.

To be reviewed by IEC National and/or legal counsel.

Comments must be submitted by August 20, 2022.

Proposed Changes to Lien Law for Commercial Projects

Senator Vin Gopal (D-Monmouth) has introduced Senate Bill 2797. The bill’s statement reads:

• This bill extends the time in which a contractor can file a lien for nonpayment of services performed under a commercial contract. Currently, the law requires a lien to be filed within 90 days after the last work, service, material or equipment was provided by a contractor. Under this bill, the amount of time is lengthened to allow a contractor to file a lien up to 90 days after payment was due for the performance of services under a commercial contract. The bill updates provisions of the law regarding the lien claim form and a notice of an unpaid balance and right to file a lien to reflect this extended timeline.

Comments due by Labor Day.

Bill to Address Work by House Flippers

Senator Steve Oroho (R-Sussex) has introduced Senate Bill 2850 which requires short-term resellers (house flippers) make certain representations related to work they have performed on single family residences if they are selling the home less than a year after they purchased it.

Under existing law homeowners can perform their own electrical, plumbing, and HVAC work under the homeowner exemption on their residence. The issue is house flippers sign the permit under the exemption but are never/rarely asked by the code official to document they live there. In 2018 NJ-IEC discussed this with the licensing Board (See attached).

I spoke with Senator Oroho’s staff who stated the purpose of the bill is to address the above situation and stated if NJ-IEC has suggestions to improve on how to achieve the objective they were interested in hearing them. I stated NJ-IEC would review the bill and get back to them after Labor Day.

Home Inspectors Can Install Burglar Alarms?!?

Assemblywoman Carol Murphy (D-Burlington) has introduced Assembly Bill 4203 which allows home inspectors to perform certain “repairs, renovations, additions, and alterations” on properties they have inspected provided a year has passed since they prepared the home inspection and they hold the proper license or credential to do so including being registered as a home improvement contractor.

The definition of “repairs, renovations, additions, and alterations” provides some examples of the work that could be done and includes installation of burglar alarm systems. Unless also licensed as an electrical contractor or FBL they cannot perform these services. So why is it listed? I have been unable to connect with the Assemblywoman’s legislative aide to date, will hopefully do so this week. When we talk I will ask that the reference to burglar alarms be deleted.

(Note: Bill also allows for installation and repair of A/C systems which has the same defect as burglar alarms. EDGE Consulting represents HVAC contractors also).

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