39 N.J.R. 2196(a)

Proposed Amendment: N.J.A.C. 13:31A-1.4

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Fire Alarm, Burglar Alarm and Locksmith Advisory Committee

Fees

Authorized By: Board of Examiners of Electrical Contractors, Barbara A. Cook, Executive Director.

Authority: N.J.S.A. 45:5A-23 et seq., specifically 45:5A-24(f).

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2007-175.

Submit comments by August 3, 2007 to:

Barbara A. Cook, Executive Director
Board of Examiners of Electrical Contractors
124 Halsey Street
P.O. Box 45006
Newark, NJ 07101

The agency proposal follows:

Summary

Consistent with the rulemaking authority set forth in N.J.S.A. 45:5A-38, the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee (the Committee), in consultation with the Board of Examiners of Electrical Contractors, is proposing to amend its fee schedule set forth at N.J.A.C. 13:31A-1.4 in order to decrease the fees currently provided for an initial business license, and a renewal of such license, for business firms with 100 or more employees. When N.J.A.C. 13:31A-1.4 was originally promulgated in 2004 as part of the Committee's new rules for licensure for alarm installers, locksmiths and their related businesses, the Committee established varying fees for business firms seeking licensure depending upon the size of the burglar alarm, fire alarm and/or locksmithing business. Currently, N.J.A.C. 13:31A-1.4 sets the initial business license fee and the triennial business license renewal fee for a business firm with 100 or more employees at $ 150.00, and the initial business license fee and the triennial business license renewal fee for a firm with less than 100 employees at $ 75.00.

Based on its experience since 2004, the Committee has determined that the initial business license and renewal fees currently provided in the fee schedule for those business firms with 100 or more employees are higher than necessary to offset the administrative expenses associated with issuing initial and renewal licenses to such businesses. Accordingly, the Committee is proposing that the fee schedule at N.J.A.C. 13:31A-1.4 be amended to decrease from $ 150.00 to $ 75.00 the current initial and renewal licensing fees charged to businesses with 100 or more employees. The proposed amendments clarify that an initial business license and a renewal business license for a business of any size will be $ 75.00. Specifically, the Committee is proposing to amend N.J.A.C. 13:31A-1.4 by deleting paragraphs (a)4 and 7. Existing paragraphs (a)5 and 6 are proposed to be recodified as paragraphs (a)4 and 5, existing paragraph (a)8 is proposed to be recodified as paragraph (a)6, and existing paragraphs (a)9 through 15 are proposed to be recodified as paragraphs (a)7 through 13, with no change except for the deletion of the reference to "less than 100 or more employees" in paragraphs (a)5 and 8. The Committee has determined that the comment period for this proposal shall be 60 days. Therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The proposed amendments to N.J.A.C. 13:31A-1.4 will reduce the amount of fees received by the Committee to a level sufficient to offset the administrative costs borne by the Committee in licensing business firms throughout the State.

Economic Impact

The proposed amendments to N.J.A.C. 13:31A-1.4 will have a positive economic impact upon burglar alarm, fire alarm and locksmithing businesses in the State that employ 100 or more people to the extent that the fees for an initial business firm license, and the renewal of such license, will be decreased from $ 150.00 to $ 75.00. The proposed amendments to N.J.A.C. 13:31A-1.4 will not have any economic impact upon burglar alarm, fire alarm or locksmithing businesses in the State that employ less than 100 people because the current initial licensing and renewal fees for such businesses are not being amended.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments to N.J.A.C. 13:31A-1.4 are governed by N.J.S.A. 45:5A-23 et seq., and are not subject to any Federal requirements or standards.

Jobs Impact

The proposed amendments to N.J.A.C. 13:31A-1.4 will not result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The proposed amendments to N.J.A.C. 13:31A-1.4 will have no impact on the agriculture industry in the State.

Regulatory Flexibility Statement

The proposed amendments to N.J.A.C. 13:31A-1.4 will have no impact upon "small businesses," within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., because the proposed amendments do not alter the fees charged to such businesses under the existing rule. In addition, the proposed amendments to the fee schedule do not impose any reporting, recordkeeping or compliance requirements upon any burglar alarm, fire alarm or locksmithing business in the State that qualifies as a "small business" by virtue of the fact that the firm employs less than 100 people. No additional professional services will be needed to comply with the proposed amendments. The costs of compliance with the proposed amendments are discussed in the Economic Impact statement above.

Smart Growth Impact

The Committee does not believe that the proposed amendments to N.J.A.C. 13:31A-1.4 will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

13:31A-1.4 Fees

(a) The following fees shall be charged by the Committee:

1.-3. (No change.)

[4. Initial Business license fee (100 or more employees)

i. If paid during the first year of the triennial renewal period... $ 150.00

ii. If paid during the second year of the triennial renewal period............................................................ $ 100.00

iii. If paid during the third year of the triennial renewal period............................................................ $ 50.00]

[5.] 4. Initial Business license fee [(less than 100 employees)]

i.-iii. (No change.)

[6.] 5. (No change in text.)

[7. Triennial business license renewal fee (100 or more employees)........................................................ $ 150.00]

[8.] 6. Triennial business license renewal fee [(less than 100 employees)]....................................... $ 75.00

Recodify existing 9.-15. as 7.-13. (No change in text.)