New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 32A - STATE BOARD OF EXAMINERS OF HEATING, VENTILATING, AIR CONDITIONING, AND REFRIGERATION CONTRACTORS RULES › Subchapter 5 - IDENTIFICATION OF LICENSEES; BONA FIDE REPRESENTATIVE; SUPERVISION › Section 13:32A-5.3 - Bona fide representative responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A bona fide representative registered with the Board pursuant to
13:32A-5.2
shall:
1. Give notice to the Board in writing concerning any change in the name or address of the entity within 10 days of the change;
2. Secure or instruct an authorized employee, or an independent master HVACR contractor, to secure all necessary permits as may be required by State and local law for the performance of HVACR work to be performed by the HVACR business. In making an application for permit issuance, the authorized employee or independent master HVACR contractor shall have in his or her possession a letter authorizing him or her to make the application. A letter of authorization may authorize a permit application for a specific period of time, not to exceed 60 days, and shall have affixed to it the seal of the bona fide representative. In all circumstances, the permit shall be signed by a master HVACR contractor and all work shall be supervised in the manner set forth in (a)3 below;
3. Supervise the performance of all HVACR work performed by the HVACR business as follows:
i. If the person performing the work is a master HVACR contractor, the bona fide representative shall require at the beginning of the job an initial report on the work to be performed and upon completion of the job a final report on the work performed;
ii. If the person performing the work has completed at least two years of experience in the practice of HVACR, the bona fide representative or a master HVACR contractor employed by the HVACR business shall maintain daily contact with the person either directly, by telephone, or through writing and, where the work requires an HVACR permit, shall inspect the work upon completion. Any such contact shall be recorded by the bona fide representative or the master HVACR contractor employed by the HVACR business;
iii. If the person is performing preventative maintenance on an HVACR system and has at least one year of experience in the practice of HVACR, the bona fide representative or a master HVACR contractor employed by the HVACR business shall maintain daily contact with the person either directly, by telephone, or through writing. Any such contact shall be recorded by the bona fide representative or the master HVACR contractor employed by the HVACR business; and
iv. Except as set forth in (a)3iii above, if the person performing the work has less than two years experience, the bona fide representative shall ensure constant on-site supervision by a master HVACR contractor, or an HVACR journeyperson with at least five years experience, during all times that HVACR services are being performed;
4. Be responsible for any and all violations of 45:16A-1 et seq. committed by employees of the HVACR business if said violations were committed during the course of work that he or she was required to supervise;
5. Serve as a bona fide representative for only one HVACR business; and
6. Maintain a place of business in the State of New Jersey or designate, and notify the Board of the identity of, an agent or entity in New Jersey for service of process.