An Act concerning licensure of steel construction contractors, amending P.L.1971, c.60, P.L.1974, c.46 and P.L.1978, c.73 and supplementing Title 45 of the Revised Statutes.

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

1. (New Section) In the interest of the public health, safety, welfare and consumer protection and to regulate the commercial steel construction industry, the purpose of this law, and the intent of the Legislature, is to provide for the licensing of those persons who engage in commercial steel construction in the State of New Jersey. The Legislature further finds that it is in the public interest to provide a mechanism to remove from practice incompetent, dishonest, unqualified commercial steel contractors who provide inadequate, unsafe, or inferior construction services. To fulfill these purposes, the Legislature hereby creates the State Board of Commercial Steel Construction.

2. (New Section) As used in this act:

"Advertise" means any written or oral publication, dissemination, solicitation or circulation which is intended to directly or indirectly induce any person to contract for construction services with the advertiser, including, but not limited to, business cards, telephone directory display advertisements and vehicle signage.

"Applicant" means any person applying for a license to be issued by the board.

"Board" means the State Board of Commercial Steel Construction established pursuant to section 3 of this act.

"Commercial steel construction" means the performance of steel erection activities, reinforcing steel activities, precast and prestressed concrete erection activities, and erection of communication and broadcast towers.

"Commercial steel contractor" or "contractor" means any person who themselves, or by or through others:

(1) Attempts to or submits a bid to perform commercial steel construction;

(2) Enters into a commercial steel construction contract;

(3) Undertakes or offers to undertake commercial steel construction;

(4) Performs commercial steel construction;

(5) Provides supervision, oversight, assistance, consultation, or management services regarding commercial steel construction;

(6) Supervises, oversees, assists in, or manages commercial steel construction; or

(7) Advertises or purports to have the capacity to undertake commercial steel construction.

"Erection of communication and broadcast towers" means the erection of guyed and self-supported communication and broadcast towers activities include the hoisting, rigging, laying out, placing, connecting, welding, guying, bracing, bolting, and plumbing of such structures.

Examples of structures where the erection of guyed and self-supported communication and broadcast towers may occur include, but are not limited to, the following: commercial cell towers, military communication towers, wireless communication towers, and other structural tower systems.

"License" means a new or renewal certificate of licensure issued by the board pursuant to this act.

"Licensee" means a holder of a license issued pursuant to this act.

"Precast and prestressed concrete erection activities" include the hoisting and rigging of prestressed concrete structural members such as columns, beams, inverted tee-beams, double-tee floor slabs, shear walls, window walls, and other pre-stressed concrete members that are cast in place in fabrication facilities. Additional activities include laying-out, placing, connecting, welding, burning, guying, bracing, bolting, plumbing, and moving point-to-point while performing these activities.

Examples of structures where precast/pre-stressed concrete erection may occur include, but are not limited to, the following: single and multi-story buildings; parking structures, air traffic control towers, brides, bridge girders, prisons, walkways, highway support structures, agricultural and water duct systems, marine structures, retaining walls, utility structures, wind turbine structures, hazardous containment structures, and sanitary and waste water systems.

"Reinforcing steel activities" include the fabrication, hoisting and rigging, laying out, and placing of reinforcing steel columns, curtain walls, decks, beams, and joists. Reinforcing steel activities includes the installation of post-tensioning (bonded and unbonded) cables used in poured in place concrete structures.

Examples of structures where reinforcing steel activities may occur include, but are not limited to, the following: single and multi-story poured in place concrete buildings; tilt wall construction; foundations for bridges and bridge abutments; grade beams for systems-engineered metal buildings; piers for wind turbines; lift slab/tilt-up structures; energy exploration structures; energy production, transfer and storage structures and facilities; auditoriums; malls; amphitheaters; stadiums; power plants; mills; chemical process structures; trestles; overpasses; underpasses; viaducts; aqueducts; aerospace facilities and structures; radar and communication structures; light towers; signage; billboards; foundations for conveyor systems; conveyor supports and related framing; concrete stairways; stair towers; fire escapes; draft curtains; fire containment structures; monorails; concrete aerial ways; industrial structures; hi-bay structures; rail, marine and other transportation structures; sound barriers; water process and water containment structures; air and cable supported structures; space frames; geodesic domes; canopies; racks and rack support structures and frames; platforms; walkways; balconies; atriums; penthouses; stackers/reclaimers; foundations for cranes and crane ways; bins; hoppers; foundations for ovens, furnaces and stacks; foundations for amusement park structures and rides; and artistic and monumental structures.

"Steel erection activities" include hoisting, laying out, placing, connecting, welding, burning, guying, bracing, bolting, plumbing and rigging structural steel, steel joists and metal buildings; installing metal decking, curtain walls, window walls, siding systems, miscellaneous metals, ornamental iron and similar materials; and moving point-to-point while performing these activities.

Structures where steel erection may occur include, but are not limited to, the following: single and multi-story buildings; systems-engineered metal buildings; lift slab/tilt-up structures; energy exploration structures; energy production, transfer and storage structures and facilities; auditoriums; malls; amphitheaters; stadiums; power plants; mills; chemical process structures; bridges; trestles; overpasses; underpasses; viaducts; aqueducts; aerospace facilities and structures; radar and communication structures; light towers; signage; billboards; scoreboards; conveyor systems; conveyor supports and related framing; stairways; stair towers; fire escapes; draft curtains; fire containment structures; monorails; aerial ways; catwalks; curtain walls; window walls; store fronts; elevator fronts; entrances; skylights; metal roofs; industrial structures; hi-bay structures; rail, marine and other transportation structures; sound barriers; water process and water containment structures; air and cable supported structures; space frames; geodesic domes; canopies; racks and rack support structures and frames; platforms; walkways; balconies; atriums; penthouses; car dumpers; stackers/reclaimers; cranes and craneways; bins; hoppers; ovens; furnaces; stacks; amusement park structures and rides; and artistic and monumental structures. The following are considered steel erection activities when they occur during and are a part of steel erection activities: rigging, hoisting, laying out, placing, connecting, guying, bracing, dismantling, burning, welding, bolting, grinding, sealing, caulking, and all related activities for construction, alteration or repair of materials and assemblies such as structural steel; ferrous metals and alloys; non-ferrous metals and alloys; glass; plastics and synthetic composite materials; structural metal framing and related bracing and assemblies; anchoring devices; structural cabling; cable stays; permanent and temporary bents and towers; falsework for temporary supports of permanent steel members; stone and other non-precast concrete architectural materials mounted on steel frames; safety systems for steel erection; steel and metal joists; metal decking and raceway systems and accessories; metal roofing and accessories; metal siding; bridge flooring; cold formed steel framing; elevator beams; grillage; shelf racks; multi-purpose supports; crane rails and accessories; architectural and ornamental metals and metal work; ladders; railings; handrails; fences and gates; gratings; trench covers; floor plates; castings; sheet metal fabrications; metal panels and panel wall systems; louvers; column covers; enclosures and pockets; stairs; perforated metals; ornamental iron work, expansion control including bridge expansion joint assemblies; slide bearings; hydraulic structures; fascias; soffit panels; penthouse enclosures; skylights; joint fillers; gaskets; sealants and seals; doors; windows; hardware; detention or security equipment and doors, windows and hardware; conveying systems; building specialties; building equipment; machinery and plant equipment, furnishings and special construction.

3. (New Section) There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Commercial Steel Construction. The board shall consist of nine members who are residents of the State of New Jersey and who, except for the member from the department in the Executive Branch of State Government, shall be appointed by the Governor. In addition to the two public members appointed to represent the interests of the public pursuant to the provisions of subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2), one member shall be from a department in the Executive Branch of State Government who shall serve without compensation at the pleasure of the Governor; three members shall be practicing steel construction contractors, each with at least 10 years' experience as steel construction contractors; and three members shall be mechanical inspectors each with at least 10 years' experience.

The Governor shall appoint each member, other than the State executive department member, for terms of four years, except that of the members first appointed, other than the State executive department member, two shall serve for a term of four years, two shall serve for a term of three years, two shall serve for a term of two years, and two shall serve for terms of one year. Any vacancy in the membership shall be filled for the unexpired term in the manner provided for the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which he has been appointed. The Governor may remove any member of the board, other than the State executive department member, for cause.

4. The board shall, in addition to other powers and duties it may possess by law:

a. Administer the provisions of this act;

b. Examine and pass on the qualifications of all applicants for licensure under this act, and issue a license to each qualified successful applicant;

c. Examine, evaluate and supervise all examinations and procedures;

d. Adopt a seal which shall be affixed to all licenses issued by it;

e. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as it may deem necessary to enable it to perform its duties under and to enforce the provisions of this act;

f. Annually publish a list of the names and addresses of all persons who are licensed under this act;

g. Establish standards for continuing education; and

h. 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.).

5. (New Section) Any person desiring to obtain a commercial steel construction contractor's license shall make application for licensure to the board and shall pay all the fees required in connection with the application, and be examined as required by this act.

6. (New Section) a. A person shall not work as a commercial steel construction contractor or use the title or designation of "licensed commercial steel construction contractor" or "steel construction contractor" unless licensed pursuant to the provisions of this act.

b. A person, firm, partnership, corporation or other legal entity shall not engage in the business of commercial steel construction contracting or advertise in any manner as a commercial steel construction contractor or use the title or designation of "licensed commercial steel construction contractor" or "steel construction contractor" unless authorized to act as a commercial steel construction contractor pursuant to the provisions of this act.

7. (New Section) This act does not apply to:

a. Any person who performs commercial steel construction located within the boundaries of any site or reservation under the jurisdiction of the federal government.

b. Any employee of a licensee who does not hold himself or herself out for hire or engage in contracting, except as an employee of a licensee.

c. An authorized employee of the United States, the State, or any municipality, county, or other political subdivision, if the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment.

d. Licensed engineers, and licensed architects, and any other person licensed under Title 45, operating under the purview and within the scope of their respective license.

e. Any person engaged in the construction of a residence.

8. (New Section) a. Not less than 30 days and not more than 60 days prior to the date set for the examination for a commercial steel construction contractor's license, every person, except as provided in this act, desiring to apply for a license, who meets the qualifications as set forth in this act, shall deliver to the board, personally or by certified mail, return receipt requested, postage prepaid, a certified check or money order payable to the Treasurer of the State of New Jersey in the required amount, together with the written application required by the board, completed as described in the application, and together with proof of qualifications as described in this act.

b. In order to qualify for a commercial steel construction contractor's license, an applicant shall:

(1) Be 21 or more years of age;

(2) Be a citizen or legal resident of the United States; and

(3) Have been employed in the steel construction contracting business for a period of five years next preceding the date of his application for a license, provided that:

(a) One or more of the five years shall have been spent while engaged or employed as a steel construction journeyperson or licensed plumber engaged in the work described;

(b) At least four years of the five years shall have been spent in a steel construction apprenticeship or other training program approved by the United States Department of Labor, with proof of passage and successful completion of this program while actively engaged or employed as an apprentice, as determined by the board; and

(c) Successful completion of a steel construction program given by an accredited technical school, trade school, county college or community college shall satisfy two years of the minimum four years that must be spent in an approved apprenticeship or other training program.

c. In lieu of the requirements described in paragraph (3) of subsection b. of this section, an applicant may have been awarded a bachelor's degree:

(1) In steel construction technology from an accredited college or university in the United States which the board finds acceptable and, in addition, shall have been engaged or employed in the practical work of installing steel construction systems for one year; or

(2) From an accredited college or university in the United States which the board finds acceptable and, in addition, shall have been engaged or employed in the direct supervision of the installation of steel construction systems for three years.

9. (New Section) a. Every commercial steel construction contractor's license examination shall be substantially uniform and shall be designed so as to establish the competence and qualifications of the applicant to perform the type of work and business as described in this act. The examination may be theoretical or practical in nature, or both.

b. The examination shall be held at least twice a year, at Trenton or other place the board deems necessary. Public notice of the time and place of the examination shall be given.

c. No person who has failed the examination shall be eligible to be reexamined for a period of six months from the date of the examination failed by that person.

d. All applicants for commercial steel construction licenses, renewals or reexaminations shall pay a fee for each license issuance or renewal, or reexamination as determined by the board.

10. (New Section) a. Licenses shall be renewed biennially by the board upon written application of the holder and payment of the prescribed fee. A license may be renewed without reexamination, if the application for renewal is made within 30 days next preceding or following the scheduled expiration date. Any applicant for renewal making application at any time subsequent to the 30th day next following the scheduled expiration date may be required by the board to be reexamined, and that person shall not continue to act as a licensed steel construction contractor, as described in this act, and no firm, corporation or other legal entity for which the person is the bona fide representative shall operate under a license in the steel construction business, as described in this act, until a valid license has been secured or is held by a bona fide representative.

Any license expiring while the holder is outside the continental limits of the United States in connection with any project undertaken by the government of the United States, or while in the services of the Armed Forces of the United States, shall be renewed without the holder being required to be reexamined, upon payment of the prescribed fee at any time within four months after the person's return to the United States or discharge from the armed forces, whichever is later.

b. The board shall require each commercial steel construction contractor, as a condition for biennial license renewal pursuant to this section, to complete any continuing education requirements imposed by the board pursuant to section 11 of this act.

11. (New Section) a. The board shall:

(1) Establish standards for continuing commercial steel construction education, including the subject matter and content of courses of study, the selection of instructors, and the number and type of continuing education credits required of a licensed commercial steel construction contractor as a condition for biennial license renewal, except that the number of credits required shall not exceed five in any biennial license period;

(2) Approve educational programs offering credit towards the continuing steel construction education requirements; and

(3) Approve other equivalent educational programs, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs.

b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit.

12. (New Section) a. The board may, in its discretion, waive requirements for continuing steel construction education on an individual basis for reasons of hardship such as illness or disability, retirement of the licensee, or other good cause.

b. The board may in its discretion grant licenses without examination to applicants so licensed by other states provided that the domiciliary state's standards are equal to or comparable to those of this State.

13. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows:

1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board of Examiners, the New Jersey Cemetery Board, the State Board of Polysomnography, the State Board of Commercial Steel Construction, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2012, c.71, s.13)

14. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:

1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the New Jersey Cemetery Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the State Board of Commercial Steel Construction, the Orthotics and Prosthetics Board of Examiners, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2012, c.71, s.15)

15. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:

2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the State Board of Commercial Steel Construction, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Acupuncture Advisory Committee, the Alcohol and Drug Counselor Committee, the Athletic Training Advisory Committee, the Certified Psychoanalysts Advisory Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Interior Design Examination and Evaluation Committee, the Hearing Aid Dispensers Examining Committee, the Perfusionists Advisory Committee, the Physician Assistant Advisory Committee, the Audiology and Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2013, c.253, s.34)

16. This act shall take effect on the 180th day following enactment.

STATEMENT

This bill establishes licensure for steel construction contractors. The bill provides that, in the interest of the public health, safety, welfare and consumer protection and to regulate the commercial steel construction industry, the purpose of the bill, and the intent of the Legislature, is to provide for the licensing of those persons who engage in commercial steel construction in the State of New Jersey. The bill further provides that it is in the public interest to provide a mechanism to remove from practice incompetent, dishonest, unqualified commercial steel contractors who provide inadequate, unsafe or inferior construction services.

Under the bill, "commercial steel construction" means the performance of steel erection activities, reinforcing steel activities, precast and prestressed concrete erection activities, and erection of communication and broadcast towers. "Commercial steel contractor" or "contractor" means any person who themselves, or by or through others: attempts to or submits a bid to perform commercial steel construction; enters into a commercial steel construction contract; undertakes or offers to undertake commercial steel construction; performs commercial steel construction; provides supervision, oversight, assistance, consultation, or management services regarding commercial steel construction; supervises, oversees, assists in, or manages commercial steel construction; or advertises or purports to have the capacity to undertake commercial steel construction.

The bill creates within the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Commercial Steel Construction. Under the bill, the board consists of nine members who are residents of the State of New Jersey and who, except for the member from the department in the Executive Branch of State Government, are appointed by the Governor. In addition to the two public members appointed to represent the interests of the public, one member shall be from a department in the Executive Branch of State Government who shall serve without compensation at the pleasure of the Governor; three members shall be practicing steel construction contractors with at least 10 years' experience; and three members shall be mechanical inspectors with at least 10 years' experience.

The bill requires the board to: administer the provisions of the bill; examine and pass on the qualifications of all applicants for licensure, and issue a license to each qualified successful applicant; examine, evaluate and supervise all examinations and procedures; adopt a seal which shall be affixed to all licenses issued by it; adopt rules and regulations as it may deem necessary to enable it to perform its duties under and to enforce the provisions of the bill; annually publish a list of the names and addresses of all persons who are licensed under the bill; establish standards for continuing education; and prescribe or change the charges for examinations, licensures, renewals and other services.

The bill requires any person desiring to obtain a commercial steel construction contractor's license to make application for licensure to the board and to pay all the fees required in connection with the application, and be examined as required by the bill.

The bill prohibits any person from working as a steel construction contractor or use the title or designation of "licensed steel construction contractor" or "steel construction contractor" unless licensed pursuant to the provisions of the bill.

The bill does not apply to: any person who performs commercial steel construction located within the boundaries of any site or reservation under the jurisdiction of the federal government; any employee of a licensee who does not hold himself or herself out for hire or engage in contracting, except as an employee of a licensee; an authorized employee of the United States, the State, or any municipality, county, or other political subdivision, if the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment; licensed engineers, and licensed architects, and any other person licensed under Title 45, operating under the purview and within the scope of their respective license; or any person engaged in the construction of a residence.

Under the bill, in order to qualify for a steel construction contractor's license, an applicant shall: be 21 or more years of age; be a citizen or legal resident of the United States; and have been employed in the steel construction contracting business for a period of five years next preceding the date of his application for a license, with certain provisions accounting for experience and education requirements.

The bill also provides that steel construction contractors must complete continuing education credits for biennial renewal of licenses, and provides that the continuing education courses and standards will be established by the board.