LAW OFFICE OF PAUL DEPETRIS
paul@newjerseylemon.com
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Home Repair Laws

New Jersey Home Repair Laws Frequently Asked Questions

 

What Are New Jersey Home Repair Laws?

To protect consumers from being victimized by New Jersey home repair contractors, the New Jersey legislature passed laws that regulate New Jersey home repairs.  This article discusses certain New Jersey Home Repair Laws and New Jersey Home Repair Regulations.  Knowing your rights under certain New Jersey Home Repair Laws and New Jersey Home Repair Regulations may be of great help when hiring a New Jersey home repair contractor.

 

What are New Jersey Home Repair Regulations?

To protect consumers from being victimized by New Jersey home repair contractors, the New Jersey Division of Consumer Affairs adopted regulations that regulate New Jersey home repairs.

 

New Jersey Home Repair Laws Frequently Asked Questions 1 - What New Jersey Home Repair Laws And New Jersey Home Repair Regulations Apply To New Jersey Home Repair Contractors And New Jersey Home Improvement Contractors?

  • The New Jersey Consumer Fraud Act regulates home repair contracts with New Jersey home repair regulations and New Jersey home repair laws, as follows:  (1) New Jersey Contractor Registration Act; (2) New Jersey Contractor Registration Regulations; & (3) New Jersey Home Improvement Practices Regulations.

 

New Jersey Home Repair Laws Frequently Asked Questions 2 - What Type Of New Jersey Home Repair Services And New Jersey Home Improvement Services Are Covered By The New Jersey Home Repair Laws And New Jersey Home Repair Regulations?

  • landscaping services.
  • cleaning & restoration services, such as fire or flood mitigation work.
  • manager of real estate investment & management companies who: (1) located properties for companies to purchase; (2) oversaw renovations; (3) hired subcontractors; & (4) managed the company’s rental properties.
  • contractor other than home builder in direct privity with homeowner.
  • contractor claiming homeowners acted as their own general contractor, when the contractor: (1) prepared the contract between the parties; (2) agreed to perform home improvements at the homeowners’ residence; (3) was listed as “Contractor” & indicated that contractor would “furnish all materials & necessary equipment & perform all labor necessary to complete the ... work;” & (4) “precluded ‘any alteration or deviation from the plans & specification’ without written orders for same.”
  • unoccupied property having both residential & commercial uses.
  • Homeowner contracting directly with building contractor to perform a home improvement, without engaging the services of a general contractor.

 

New Jersey Home Repair Laws Frequently Asked Questions 3 - What Are Some Of The Mandatory Requirements For New Jersey Home Repair Contracts And New Jersey Home Improvement Contracts?

  • Secure, maintain & file with the New Jersey Division of Consumer Affairs proof of a certificate of commercial general liability insurance in a minimum amount of $500,000.00 per occurrence.
  • prominently display their registration numbers in various locations & in various materials, including in contracts.
  • Use/issue documents prominently containing the New Jersey Division of Consumer Affairs toll-free telephone number for consumers making inquiries regarding contractors.
  • For every home improvement contract for a purchase price in excess of $500, & all changes in the terms & conditions of the contract, use written contracts containing the mandatory disclosure requirements of the New Jersey Contractors’ Registration Act and New Jersey Home Improvement Practices Regulations, including the notice of the consumer’s right to cancel.

 

New Jersey Home Repair Laws Frequently Asked Questions 4 – Does The Customer Have The Right To Cancel A New Jersey Home Improvement Contract And A New Jersey Home Repair Contract?

  • On or after December 31, 2005, the consumer may cancel a home improvement contract for any reason at any time before midnight of the third business day after the consumer receives a copy of it.
  • To cancel a contract, the consumer shall notify the contractor of the cancellation in writing, by registered or certified mail, return receipt requested or by personal delivery, to the address specified in the contract.
  • Within 30 days of receiving the cancellation, the contractor must make a full refund of all moneys paid pursuant to the cancelled contract.
  • If the consumer executed any credit or loan agreement through the contractor to pay all or part of the contract, the agreement or note shall be cancelled without penalty to the consumer & written notice of that cancellation shall be mailed to the consumer within 30 days of receipt of the notice of cancellation.

 

New Jersey Home Repair Laws Frequently Asked Questions 5 - What Remedies Are Available To New Jersey Home Repair Fraud Victims?

  • Cancellation of fraudulent debts.
  • Treble damages for ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
  • Attorney’s fee award for prosecuting the New Jersey Consumer Fraud Act Violation or defending against lawsuits by contractors to collect a fraudulent debt.
  • Refund of money lost due to the contractor’s New Jersey Consumer Fraud Act Violation.

 

Does The Law Office Of Paul Depetris Have Experience Handling New Jersey Cases?

Yes.  Paul DePetris has performed the following tasks:

·     handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.

·     provided New Jersey pro se parties with New Jersey legal advice and prepared New Jersey legal forms

·     prepared and filed many New Jersey

·     complaints

·     tried New Jersey jury trials

·     mediated many New Jersey cases

·     argued New Jersey motions

·     handled New Jersey proof hearings

·     handled New Jersey post judgment collection proceedings

 

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

Atlantic County

Bergen County

Burlington County

Camden County

Cape May County

Cumberland County

Essex County Special

Gloucester County

Hudson County

Mercer County

Middlesex County

Monmouth County

Morris County

Ocean County

Passaic County

Salem County

Somerset County

Sussex County

Union County

Warren County

 

In What New Jersey Counties Will The Law Office Of Paul DePetris Handle New Jersey Cases?

The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:

Atlantic County Law Division

Bergen County Law Division

Burlington County Law Division

Camden County Law Division

Cape May County Law Division

Cumberland County Law Division

Essex County Law Division

Gloucester County Law Division

Hudson County Law Division

Hunterdon County Law Division

Mercer County Law Division

Middlesex County Law Division

Monmouth County Law Division

Morris County Law Division

Ocean County Law Division

Passaic County Law Division

Salem County Law Division

Somerset County Law Division

Sussex County Law Division

Union County Law Division

Warren County Law Division

 

 

 

What If I Don’t Have Enough Money To Hire An Attorney To Handle My New Jersey Case From Beginning To End?

In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case.  For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or write an email to Mr. DePetris at paul@newjerseylemon.com.  

 

Disclaimer

The Law Office of Paul DePetris does not guarantee or warrant or assume responsibility for the accuracy or completeness of the information contained on this website. This site shall not be used or relied upon by any person as a substitute for competent legal advice by an attorney admitted to practice law in the appropriate jurisdiction, to information contained in federal or state statute books of official reporters or the interpretation of such statutes by courts of competent jurisdictions.  

 

The information in this website is provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or noninfringement of third party rights.  The Law Office of Paul DePetris shall not be liable to any person for any special, indirect or consequential damages relating to this material.

 

NEW JERSEY HOME REPAIR LAWS

 

56:8-152. Rules, regulations. 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.

 

56:8-153. Definitions relative to unsolicited credit cards, checks. As used in this act:

 

"Check" means a demand draft drawn on or payable through an office of a depository institution located in the United States that has imprinted on it the account holder's name and the depository institution's name, location and routing number.

 

"Credit card" means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain credit.

 

"Unsolicited check" means any check mailed or otherwise delivered to a person for the purpose of drawing on an existing account that is an extension of credit or activating an account to obtain credit other than:

 

(1) in response to a request or application for a check or account; or

 

(2) as a substitute for a check or account previously issued to the person to whom the check is mailed or otherwise delivered.

 

"Unsolicited credit card" means any credit card mailed or otherwise delivered to a person other than:

 

(1) in response to a request or application for a credit card; or

 

(2) as a renewal or substitute for a credit card previously issued to the person to whom the credit card is mailed or otherwise delivered.

 

56:8-154. Delivery of unsolicited credit card, unlawful practice. It shall be an unlawful practice for any person to mail or otherwise deliver an unsolicited credit card to a person in this State.

 

56:8-155. Unsolicited credit card, unaccepted, immunity from liability for use. No person in whose name an unsolicited credit card is issued shall be liable for any amount resulting from use of that card, from which that person or a member of that person's family or household derives no benefit, unless the person has accepted the card by activating the card or using the card, or by authorizing use of the card by another person. Failure to destroy or return an unsolicited credit card shall not constitute acceptance of the card.

 

56:8-156. Unsolicited check, unaccepted, immunity from liability for use. No person in whose name an unsolicited check is issued shall be liable for any amount resulting from use of that check or account, unless the person who is the holder of the account upon which the check is to be drawn, or who is the payee on the check, as the case may be, has accepted the check or account by using the check or account. Failure to destroy or return an unsolicited check shall not constitute acceptance of the check or account.

 

56:8-157. Definitions relative to certain unsolicited advertisements over telephone lines. As used in this act:

"Existing business relationship" means a relationship formed by a voluntary two-way communication between a person or entity and a residential or business subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase, membership or transaction by the residential or business subscriber regarding products or services offered by such person or entity.

 

"Nonprofit organization" means a nonprofit organization that is exempt from federal taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code (26 U.S.C. s. 501(c)(3)) or section 501(c)(6) of the federal Internal Revenue Code (26 U.S.C. s.501(c)(6)).

 

"Telephone facsimile machine" means equipment which has the capacity to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line or to transcribe text or images, or both, from an electronic signal received over a regular telephone line onto paper.

 

"Unsolicited advertisement" means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission.

 

56:8-158. Sending unsolicited advertisement to telephone facsimile machine prohibited, exceptions. a. A person within this State shall not use any telephone facsimile machine, computer or other device to send an unsolicited advertisement to a telephone facsimile machine within this State. This subsection shall not be construed to cover the actions of an internet service provider or telecommunications service provider in the transmission, routing, relaying, handling, or storing of the facsimile through an automatic technical process.

 

b. Subsection a. of this section shall not apply where there is an existing business relationship between the sender of the unsolicited advertisement and the residential or business subscriber or where a member of a nonprofit organization including, but not limited to, professional or trade associations, sends an unsolicited advertisement to a member of the same organization, directly and not through a centralized facsimile database or facsimile number list maintained by the organization, provided that such unsolicited advertisement, whether sent pursuant to an existing business relationship between the sender and the residential or business subscriber or whether sent from one member of a nonprofit organization to another member of the same organization, shall provide clear and conspicuous notice on the first page of the unsolicited advertisement. Such notice shall include:

 

(1) disclosure to the recipient that the recipient may request the sender of the unsolicited advertisement not to send any future unsolicited advertisements to the recipient's telephone facsimile machine; and

 

(2) the domestic address and facsimile machine number for the recipient to transmit such a request to the sender.

 

c. A request not to send future unsolicited advertisements to a telephone facsimile machine shall:

 

(1) identify the telephone number of the telephone facsimile machine to which the request relates;

 

(2) be made to the sender's domestic address or the facsimile machine number of the sender provided in the notice to the recipient; and

 

(3) be sent in written form to the sender's domestic address or sent by return facsimile transmission to the sender's facsimile machine number, in order to be effective.

 

Such request is effective unless subsequently the person making the request provides express invitation or permission to the sender, in written form or by facsimile transmission, to send future unsolicited advertisements to such person at such telephone facsimile machine.

 

d. Failure to honor a valid request, in written form or by facsimile transmission, not to send future unsolicited advertisements pursuant to subsections c. through g. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

e. Nonprofit organizations, including but not limited to, professional or trade associations, shall be exempt from subsection a. of this section and shall be allowed to send unsolicited advertisements to their new and existing members in furtherance of the organization's purpose, without penalty, provided that the organization provides to each of its prospective new members at the time of membership application or to each of its existing members at the time of membership renewal, as the case may be, clear and conspicuous notice of:

 

(1) the member's right to request the organization not to send any future unsolicited advertisements to the member's telephone facsimile machine;

 

(2) the organization's domestic address and facsimile machine number to which its members may transmit such a request to the organization; and

 

(3) the requirement that any such request to the organization shall be sent in written form to the organization's domestic address or sent by return facsimile transmission to the organization's facsimile number, in order to be effective.

 

A request by a member to a nonprofit organization not to send future unsolicited advertisements to a member's telephone facsimile machine shall comply with the requirements of this subsection and with the requirements of subsection c. of this section, as applicable. Failure of a nonprofit organization to honor a valid request, in written form or by facsimile transmission, from a member not to send future unsolicited advertisements pursuant to the requirements of this subsection and the requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

f. Members of nonprofit organizations, including but not limited to, professional or trade associations, who send unsolicited advertisements to the telephone facsimile machines of other members of the same organization by initially sending such advertisements to a centralized facsimile database or facsimile number list maintained by the organization for the purpose of distributing such advertisements to its membership shall be exempt from subsection a. of this section and shall be allowed to send such unsolicited advertisements through such centralized facsimile database or facsimile number list to other members of the same organization, without penalty, provided that the organization provides to each of its prospective new members at the time of membership application or to each of its existing members at the time of membership renewal, as the case may be, clear and conspicuous notice of:

 

(1) the member's right to request that the organization not send any future unsolicited advertisements from one or more other members of the same organization through such centralized facsimile database or facsimile number list to the member's telephone facsimile machine;

 

(2) the organization's domestic address and facsimile machine number to which its members may transmit such a request to the organization; and

 

(3) the requirement that any such request to the organization shall be sent in written form to the organization's domestic address or sent by return facsimile transmission to the organization's facsimile number, in order to be effective.

 

A request by a member to a nonprofit organization that the organization not send any future unsolicited advertisements from one or more other members of the same organization through such centralized facsimile database or facsimile number list to a member's telephone facsimile machine shall comply with the requirements of this subsection and with the requirements of subsection c. of this section, as applicable. Failure of the nonprofit organization to honor a valid request, in written form or by facsimile transmission, from a member of the same organization not to send any future unsolicited advertisements from one or more other members through such centralized facsimile database or facsimile number list pursuant to the requirements of this subsection and the requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

g. Nonprofit organizations, including but not limited to, professional or trade associations, shall be exempt from subsection a. of this section and shall be allowed to send unsolicited advertisements to the telephone facsimile machine of any person, other than a new or existing member of the sending organization, within this State, without penalty, provided that such advertisements are intended to give the person notice of an event that is in furtherance of the organization's purpose, and further provided that, any such unsolicited advertisements to the person's telephone facsimile machine shall provide clear and conspicuous notice on the first page of the unsolicited advertisement. Such notice shall include:

 

(1) disclosure to the person that the person may request the organization not to send any such future unsolicited advertisements to the person's telephone facsimile machine;

 

(2) the domestic address and facsimile machine number for the person to transmit such a request to the organization; and

 

(3) the requirement that any such request to the organization shall be sent in written form to the organization's domestic address or sent by return facsimile transmission to the organization's facsimile number, in order to be effective.

 

A request by a person to a nonprofit organization that the organization not send future unsolicited advertisements to the person's telephone facsimile machine shall comply with the requirements of this subsection and with the requirements of subsection c. of this section, as applicable. Failure of a nonprofit organization to honor a valid request, in written form or by facsimile transmission, from a person not to send future unsolicited advertisements pursuant to the requirements of this subsection and the requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

56:8-159. Action by aggrieved person. a. Any person aggrieved by a violation of this act may bring an action in the Superior Court in the county where the transmission was sent or was received, or in which the plaintiff resides, for damages or to enjoin further violations of this act.

 

b. The court shall proceed in a summary manner and shall, in the event the plaintiff establishes a violation of this act, enter a judgment for the actual damages sustained, or $500 for each violation, whichever amount is greater, together with costs of suit and reasonable attorney's fees.

 

c. If the plaintiff establishes that the sender was notified by return facsimile or written means of communication to cease and desist transmission of such unsolicited advertisements, the court shall enter a judgment, on account of each subsequent transmission, for actual damages or $1,000 for each transmission, whichever amount is greater, together with costs of suit and reasonable attorney's fees, not to exceed $1,000.

 

56:8-160. Violation constitutes unlawful practice. A violation of this act shall constitute an unlawful practice pursuant to P.L. 1960, c. 39 (C.56:8-1 et seq.) and shall be subject to all remedies and penalties available pursuant to P.L 1960, c. 39 (C. 56:8-1 et seq.), in addition to the remedies provided to an aggrieved person by section 3 of this act.

The Law Office of Paul DePetris does not guarantee that the statutes or codes on this website are the latest versions of the statutes or codes, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.  The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated.  Accordingly, this database may include laws that:  (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.  Further, effective dates of the laws are not necessarily included in the database.  Accordingly, you should not rely upon the laws contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. 

 

NEW JERSEY HOME REPAIR REGULATIONS

 

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 45A. ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS

SUBCHAPTER 16. HOME IMPROVEMENT PRACTICES

§ 13:45A-16.1 Purpose and scope

(a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer

Fraud Act, N.J.S.A. 56:8-1 et seq., by providing procedures for the regulation and content of home

improvement contracts and establishing standards to facilitate enforcement of the requirements of

the Act.

(b) The rules in this subchapter shall apply to all sellers as defined in N.J.A.C. 13:45A-16.1A and to

all home improvement contractors as defined in N.J.A.C. 13:45A-17.2 whether or not they are exempt

from the provisions of N.J.A.C. 13:45A-17.

§ 13:45A-16.1A Definitions

The following words and terms, when used in this subchapter, shall have the following meanings

unless the context indicates otherwise.

"Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring,

moving, demolishing, or modernizing of residential or noncommercial property or the making

of additions thereto, and includes, but is not limited to, the construction, installation, replacement,

improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,

fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement

waterproofing, fire protection devices, security protection devices, central heating and air

conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems,

insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other

changes, repairs, or improvements made in or on, attached to or forming a part of the residential

or noncommercial property, but does not include the construction of a new residence. The term extends

to the conversion of existing commercial structures into residential or noncommercial property

and includes any of the above activities performed under emergency conditions.

"Home improvement contract" means an oral or written agreement between a seller and an

owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or

noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements

made in, to, or upon such property, and includes all agreements under which the seller

is to perform labor or render services for home improvements, or furnish materials in connection

therewith.

"Residential or non-commercial property" means a structure used, in whole or in substantial

part, as a home or place of residence by any natural person, whether or not a single or multi-unit

structure, and that part of the lot or site on which it is situated and which is devoted to the residential

use of the structure, and includes all appurtenant structures.

"Sales representative" means a person employed by or contracting with a seller for the purpose

of selling home improvements.

"Seller" means a person engaged in the business of making or selling home improvements and

includes corporations, partnerships, associations and any other form of business organization or

entity, and their officers, representatives, agents and employees.

§ 13:45A-16.2 Unlawful practices

(a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act,

N.J.S.A. 56:8-1 et seq., utilization by a seller of the following acts and practices involving the sale,

attempted sale, advertisement or performance of home improvements shall be unlawful hereunder.

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1. Model home representations: Misrepresent or falsely state to a prospective buyer that the

buyer's residential or noncommercial property is to serve as a "model" or "advertising job", or use

any other prospective buyer lure to mislead the buyer into believing that a price reduction or other

compensation will be received by reason of such representations;

2. Product and material representations: Misrepresent directly or by implication that products or

materials to be used in the home improvement:

i. Need no periodic repainting, finishing, maintenance or other service;

ii. Are of a specific or well-known brand name, or are produced by a specific manufacturer

or exclusively distributed by the seller;

iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics

or features;

iv. Perform certain functions or substitute for, or are equal in performance to, other products

or materials;

v. Meet or exceed municipal, state, federal, or other applicable standards or requirements;

vi. Are approved or recommended by any governmental agency, person, firm or organization,

or that they are the users of such products or materials;

vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;

viii. Are or will be custom-built or specially designed for the needs of the buyer; or

ix. May be serviced or repaired within the buyer's immediate trade area, or be maintained

with replacement and repair parts which are readily available.

3. Bait selling:

i. Offer or represent specific products or materials as being for sale, where the purpose or

effect of the offer or representation is not to sell as represented but to bait or entice the

buyer into the purchase of other or higher priced substitute products or materials;

ii. Disparage, degrade or otherwise discourage the purchase of products or materials offered

or represented by the seller as being for sale to induce the buyer to purchase

other or higher priced substitute products or materials;

iii. Refuse to show, demonstrate or sell products or materials as advertised, offered, or represented

as being for sale;

iv. Substitute products or materials for those specified in the home improvement contract,

or otherwise represented or sold for use in the making of home improvements by sample,

illustration or model, without the knowledge or consent of the buyer;

v. Fail to have available a quantity of the advertised product sufficient to meet reasonably

anticipated demands; or

vi. Misrepresent that certain products or materials are unavailable or that there will be a

long delay in their manufacture, delivery, service or installation in order to induce a

buyer to purchase other or higher priced substitute products or materials from the seller.

4. Identity of seller:

i. Deceptively gain entry into the prospective buyer's home or onto the buyer's property

under the guise of any governmental or public utility inspection, or otherwise misrepresent

that the seller has any official right, duty or authority to conduct an inspection;

ii. Misrepresent that the seller is an employee, office or representative of a manufacturer,

importer or any other person, firm or organization, or a member of any trade associa-

8

tion, or that such person, firm or organization will assume some obligation in fulfilling

the terms of the contract;

iii. Misrepresent the status, authority or position of the sales representative in the organization

he represents;

iv. Misrepresent that the sales representative is an employee or representative of or works

exclusively for a particular seller; or

v. Misrepresent that the seller is part of any governmental or public agency in any printed

or oral communication including but not limited to leaflets, tracts or other printed material,

or that any licensing denotes approval by the governmental agency.

5. Gift offers:

i. Offer or advertise any gift, free item or bonus without fully disclosing the terms or conditions

of the offer, including expiration date of the offer and when the gift, free item or

bonus will be given; or

ii. Fail to comply with the terms of such offer.

6. Price and financing:

i. Misrepresent to a prospective buyer that an introductory, confidential, close-out, going

out of business, factory, wholesale, or any other special price or discount is being given,

or that any other concession is made because of a market survey or test, use of materials

left over from another job, or any other reason;

ii. Misrepresent that any person, firm or organization, whether or not connected with the

seller, is especially interested in seeing that the prospective buyer gets a bargain, special

price, discount or any other benefit or concession;

iii. Misrepresent or mislead the prospective buyer into believing that insurance or some

other form of protection will be furnished to relieve the buyer from obligations under the

contract if the buyer becomes ill, dies or is unable to make payments;

iv. Misrepresent or mislead the buyer into believing that no obligation will be incurred because

of the signing of any document, or that the buyer will be relieved of some or all

obligations under the contract by the signing of any documents;

v. Request the buyer to sign a certificate of completion, or make final payment on the contract

before the home improvement is completed in accordance with the terms of the

contract;

vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery

or installation, or that other requirements must be fulfilled by the buyer as a condition

to the performance of labor, services, or the furnishing of products or materials at

the offered or contract price;

vii. Mislead the prospective buyer into believing that the down payment or any other sum

constitutes the full amount the buyer will be obligated to pay;

viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing

charges, interest service charges, credit investigation costs, building or installation

permit fees, or other obligations, charges, cost or fees to be paid by the buyer;

ix. Advise or induce the buyer to inflate the value of the buyer's property or assets, or to

misrepresent or falsify the buyer's true financial position in order to obtain credit; or

x. Increase or falsify the contract price, or induce the buyer by any means to misrepresent

or falsify the contract price or value of the home improvement for financing purposes or

to obtain additional credit.

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7. Performance:

i. Deliver materials, begin work, or use any similar tactic to unduly pressure the buyer into

a home improvement contract, or make any claim or assertion that a binding contract

has been agreed upon where no final agreement or understanding exists;

ii. Fail to begin or complete work on the date or within the time period specified in the

home improvement contract, or as otherwise represented, unless the delay is for reason

of labor stoppage; unavailability of supplies or materials, unavoidable casualties, or any

other cause beyond the seller's control. Any changes in the dates or time periods stated

in a written contract shall be agreed to in writing; or

iii. Fail to give timely written notice to the buyer of reasons beyond the seller's control for

any delay in performance, and when the work will begin or be completed.

8. Competitors:

i. Misrepresent that the work of a competitor was performed by the seller;

ii. Misrepresent that the seller's products, materials or workmanship are equal to or better

than those of a competitor; or

iii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.

9. Sales representations:

i. Misrepresent or mislead the buyer into believing that a purchase will aid or help some

public, charitable, religious, welfare or veterans' organization, or misrepresent the extent

of such aid or assistance;

ii. Knowingly fail to make any material statement of fact, qualification or explanation if the

omission of such statement, qualification or explanation causes an advertisement, announcement,

statement or representation to be false, deceptive or misleading; or

iii. Misrepresent that the customer's present equipment, material, product, home or a part

thereof is dangerous or defective, or in need of repair or replacement.

10. Building permits:

i. No seller contracting for the making of home improvements shall commence work until

he is sure that all applicable state or local building and construction permits have been

issued as required under state laws or local ordinances; or

ii. Where midpoint or final inspections are required under state laws or local ordinances,

copies of inspection certificates shall be furnished to the buyer by the seller when construction

is completed and before final payment is due or the signing of a completion slip

is requested of the buyer.

11. Guarantees or warranties:

i. The seller shall furnish the buyer a written copy of all guarantees or warranties made

with respect to labor services, products or materials furnished in connection with home

improvements. Such guarantees or warranties shall be specific, clear and definite and

shall include any exclusions or limitations as to their scope or duration. Copies of all

guarantees or warranties shall be furnished to the buyer at the time the seller presents

his bid as well as at the time of execution of the contract, except that separate guarantees

or warranties of the manufacturer of products or materials may be furnished at the

time such products or materials are installed.

12. Home improvement contract requirements--writing requirement: All home improvement contracts

for a purchase price in excess of $500.00, and all changes in the terms and conditions

10

thereof shall be in writing. Home improvement contracts which are required by this subsection to

be in writing, and all changes in the terms and conditions thereof, shall be signed by all parties

thereto, and shall clearly and accurately set forth in legible form and in understandable language

all terms and conditions of the contract, including, but not limited to, the following:

i. The legal name and business address of the seller, including the legal name and business

address of the sales representative or agent who solicited or negotiated the contract

for the seller;

ii. A description of the work to be done and the principal products and materials to be used

or installed in performance of the contract. The description shall include, where applicable,

the name, make, size, capacity, model, and model year of principal products or fixtures

to be installed, and the type, grade, quality, size or quantity of principal building or

construction materials to be used. Where specific representations are made that certain

types of products or materials will be used, or the buyer has specified that certain types

of products are to be used, a description of such products or materials shall be clearly

set forth in the contract;

iii. The total price or other consideration to be paid by the buyer, including all finance

charges. If the contract is one for time and materials, the hourly rate for labor and all

other terms and conditions of the contract affecting price shall be clearly stated;

iv. iv. The dates or time period on or within which the work is to begin and be completed by

the seller;

v. A description of any mortgage or security interest to be taken in connection with the financing

or sale of the home improvement; and

vi. A statement of any guarantee or warranty with respect to any products, materials, labor

or services made by the seller.

13. Disclosures and obligations concerning preservation of buyers' claims and defenses:

i. If a person other than the seller is to act as the general contractor or assume responsibility

for performance of the contract, the name and address of such person shall be disclosed

in the oral or written contract, except as otherwise agreed, and the contract shall

not be sold or assigned without the written consent of the buyer;

ii. ii. No home improvement contract shall require or entail the execution of any note,

unless such note shall have conspicuously printed thereon the disclosures required by either

State law (N.J.S.A. 17:16C-64.2 (consumer note)) or Federal law (16 C.F.R. section

433.2) concerning the preservation of buyers' claims and defenses.

 

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 45A. ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS

SUBCHAPTER 17. HOME IMPROVEMENT CONTRACTOR REGISTRATION

§ 13:45A-17.1 Purpose and scope

(a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer

Fraud Act, N.J.S.A. 56:8-1 et seq. as amended by P.L. 2004, c.16 (N.J.S.A. 56:8-136 et seq.) by

providing procedures for the regulation of home improvement contractors and establishing standards

to facilitate enforcement of the requirements of the Act. The rules establish the Division's

registration procedures for those persons who fall under the requirements of this law.

(b) These rules shall apply to home improvement contractors in this State unless otherwise exempt

under N.J.A.C. 13:45A-17.4.

§ 13:45A-17.2 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings,

unless the context clearly indicates otherwise:

"Advertise" means to communicate to the public by means of any print, electronic or any other

media, including, but not limited to, newspapers, magazines, periodicals, journals, circulars, flyers,

business cards, signs, radio, telephone, facsimile machine, television, computer or the Internet.

"Advertise" includes having a person's name in a classified advertisement or directory in this State

under any classification of home improvement as defined in this section but does not include simple

residential alphabetical listings in standard telephone directories.

"Director" means the Director of the Division of Consumer Affairs.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

"Employee" means employee as defined in N.J.A.C. 18:35-7.1.

"Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring,

moving, demolishing, or modernizing of residential or noncommercial property or the making

of additions thereto, and includes, but is not limited to, the construction, installation, replacement,

improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,

fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement

waterproofing, fire protection devices, security protection devices, central heating and air

conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems,

insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other

changes, repairs, or improvements made in or on, attached to or forming a part of the residential

or noncommercial property, but does not include the construction of a new residence. The term extends

to the conversion of existing commercial structures into residential or noncommercial property

and includes any of the above activities performed under emergency conditions.

"Home improvement contract" means an oral or written agreement for the performance of a

home improvement between a contractor and an owner of residential or noncommercial property,

or a contractor and a tenant or lessee of residential or noncommercial property, if the tenant or

lessee is to be obligated for the payment of home improvements made in, to, or upon such property,

and includes all agreements under which the contractor is to perform labor or render services

for home improvements, or furnish materials in connection therewith.

"Home improvement contractor" or "contractor" means a person engaged in the business of

making or selling home improvements and includes corporations, partnerships, associations and

any other form of business organization or entity, and their officers, representatives, agents and

employees.

"Residential or non-commercial property" means a structure used, in whole or in substantial

part, as a home or place of residence by any natural person, whether or not a single or multi-unit

structure, and that part of the lot or site on which it is situated and which is devoted to the residential

use of the structure, and includes all appurtenant structures.

§ 13:45A-17.3 Registration required

(a) On or after December 31, 2005, unless exempt under N.J.A.C. 13:45A-17.4:

1. No person shall engage in the business of making or selling home improvements in this

State unless registered with the Division in accordance with this subchapter; and

2. No person shall advertise indicating that the person is a contractor in this State unless the

person is registered with the Division in accordance with this subchapter.

(b) Unless exempt under N.J.A.C. 13:45A-17.4, contractors hired by other contractors to make or

sell any home improvements shall register with the Division in accordance with this subchapter.

(c) Officers and employees of a registered home improvement contractor shall not be required to

register separately from the registered business entity provided that the officers and employees

sell or make home improvements solely within their respective scopes of performance for that registered

business entity.

(d) Officers and employees of a home improvement contractor that is exempt under N.J.A.C.

13:45A-17.4 shall not be required to register provided that the officers and employees sell or make

home improvements solely within their respective scopes of performance for that exempt business

entity.

§ 13:45A-17.4 Exemptions

(a) The following persons are exempt from the registration requirements of this subchapter:

1. Any person registered pursuant to "the New Home Warranty and Builders' Registration Act,"

P.L. 1977, c.467 (N.J.S.A. 46:3B-1 et seq.), but only in conjunction with the building of a

new home as defined in N.J.A.C. 5:25-1.3;

2. Any person performing a home improvement upon a residential or non-commercial property

owned by that person, or by the person's family;

3. Any person performing a home improvement upon a residential or non-commercial property

owned by a bona fide charity or other non-profit organization;

4. Any person regulated by the State as an architect, professional engineer, landscape architect,

land surveyor, electrical contractor, master plumber, locksmith, burglar alarm business,

fire alarm business, or any other person in any other related profession requiring registration,

certification, or licensure by the State, who is acting within the scope of practice of

that profession;

5. Any person employed by a community association or cooperative corporation who is making

home improvements within the person's scope of employment at the residential or noncommercial

property that is owned or leased by the community association or cooperative

corporation;

6. Any public utility as defined under N.J.S.A. 48:2-13;

7. Any person licensed as a home financing agency, a home repair contractor or a home repair

salesman pursuant to N.J.S.A. 17:16C-77, provided that the person is acting within the

scope of such license; and

8. Any home improvement retailer with a net worth of more than $50,000,000 or any employee

of such home improvement retailer who is making or selling such home improvements

within the person's scope of employment of the home improvement retailer.

§ 13:45A-17.5 Initial and renewal applications

(a) Each home improvement contractor required to be registered under this subchapter shall initially

register with the Division by submitting the following on forms provided by the Director:

1. The name and street address of each place of business of the home improvement contractor

and any fictitious or trade name to be used by the home improvement contractor;

2. The type of business organization;

3. The name, residence and business street address of each officer, director, principal and person

with an ownership interest of 10 percent or more in the home improvement contractor

business, including the percentage of ownership held;

4. The name and number of any professional or occupational license, certificate or registration

issued by this State or any other governmental entity to any officer, director, principal or

person with an ownership interest of 10 percent or more in the home improvement contractor

business;

5. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has been adjudged liable

in an administrative or civil action involving any of the situations in (a)5i through vi below.

For the purposes of this paragraph, a judgment of liability in an administrative or civil action

shall include, but not be limited to, any finding or admission that the entity, officer, director,

principal or person with an ownership interest of 10 percent or more in the home improvement

contractor business engaged in an unlawful practice or practices related to any of the

named situations in (a)5i through vi below regardless of whether that finding was made in

the context of an injunction, a proceeding resulting in the denial, suspension or revocation

of a license, certification or registration, consented to in an assurance of voluntary compliance

or any similar order or legal agreement with any State or Federal agency. As described

above, this paragraph covers the following situations:

i. Obtained any registration, certification or license by fraud, deception or misrepresentation;

ii. Engaged in the use or employment of dishonesty, fraud, deception, misrepresentation,

false promise or false pretense;

iii. Engaged in gross negligence, gross malpractice or gross incompetence;

iv. Engaged in acts of negligence, malpractice or incompetence involving selling or making a

home improvement; and

v. Engaged in professional or occupational misconduct;

6. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has been convicted of

any crime involving moral turpitude or any crime relating adversely to selling or making

home improvements. 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. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has had their authority to

engage in the activity regulated by the Director revoked or suspended by any other state,

agency or authority;

8. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has violated or failed to

comply with the provisions of any act, regulation or order administered or issued by the Director;

9. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business believes they are unable

to meet the requirements of the Contractors' Registration Act, N.J.S.A. 56:8-136 et seq. or

rule in this subchapter for medical or any other good cause to the detriment of the public's

health, safety and welfare; and

10. The name and street address of an agent in the State of New Jersey for service of process.

(b) In addition to the information required in (a) above, the applicant shall include the following

with the initial application:

1. A properly completed disclosure statement that complies with the requirements of N.J.A.C.

13:45A-17.6;

2. Proof of the home improvement contractor's commercial general liability insurance policy in

a minimum amount of $500,000 per occurrence that complies with the requirements of

N.J.A.C. 13:45A-17.12; and

3. The initial registration fee in the amount specified in N.J.A.C. 13:45A-17.14.

(c) A registered home improvement contractor shall include the following with the annual renewal

application:

1. A completed renewal application that will be on a form specified by the Director;

2. Proof of the home improvement contractor's commercial general liability insurance policy in

a minimum amount of $500,000 per occurrence that complies with the requirements of

N.J.A.C. 13:45A-17.12;

3. The renewal registration fee in the amount specified in N.J.A.C. 13:45A-17.14; and

4. If the completed renewal application is received by the Division after the renewal application's

due date as specified on the renewal application, the late fee in the amount specified

in N.J.A.C. 13:45A-17.14.

§ 13:45A-17.6 Disclosure statement

(a) Each applicant shall file a disclosure statement with the Director stating whether it or any of its

officers, directors, principals or persons with an ownership interest of 10 percent or more in the

home improvement contractor business has been convicted of any violations 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.A. 2C:5-1 or 2C:5-2 (conspiracy), N.J.S.A.

2C:11-2 (criminal homicide), N.J.S.A. 2C:11-3 (murder), N.J.S.A. 2C:11-4 (manslaughter),

N.J.S.A. 2C:12-1 (assault), N.J.S.A. 2C:12-3 (terroristic threats), N.J.S.A. 2C:13-1 (kidnapping),

N.J.S.A. 2C:14-2 (sexual assault), subsection a. or b. of N.J.S.A. 2C:17-1 (arson and

related offenses), subsection a. or b. of N.J.S.A. 2C:17-2 (causing or risking widespread injury

or damage), N.J.S.A. 2C:15-1 (robbery), N.J.S.A. 2C:18-2 (burglary), N.J.S.A. 2C:20-4

(theft by deception), N.J.S.A. 2C:20-5 (theft by extortion), N.J.S.A. 2C:20-7 (receiving stolen

property), N.J.S.A. 2C:20-9 (theft by failure to make required disposition of property received),

N.J.S.A. 2C:21-2 (criminal simulation), N.J.S.A. 2C:21-2.1 (fraud relating to

driver's license or other document issued by governmental agency to verify identity or age;

simulation), N.J.S.A. 2C:21-2.3 (fraud relating to motor vehicle insurance identification

card; production or sale), N.J.S.A. 2C:21-3 (frauds relating to public records and recordable

instruments), N.J.S.A. 2C:21-4 (falsifying or tampering with records), N.J.S.A. 2C:21-6

(fraud relating to credit cards), N.J.S.A. 2C:21-7 (deceptive business practices), N.J.S.A.

2C:21-12 (defrauding secured creditors), N.J.S.A. 2C:21-14 (receiving deposits in a failing

financial institution), N.J.S.A. 2C:21-15 (misapplication of entrusted property and property

of government of financial institution), N.J.S.A. 2C:21-19 (wrongful credit practices and related

offenses), N.J.S.A. 2C:27-2 (bribery in official and political matters), N.J.S.A. 2C:27-3

(threats and other improper influence in official and political matters), N.J.S.A. 2C:27-5 (retaliation

for past official action), N.J.S.A. 2C:27-9 (public servant transacting business with

certain persons), N.J.S.A. 2C:27-10 (acceptance or receipt of unlawful benefit by public servant

for official behavior), N.J.S.A. 2C:27-11 (offer of unlawful benefit by public servant for

official behavior), N.J.S.A. 2C:28-1 (perjury), N.J.S.A. 2C:28-2 (false swearing), N.J.S.A.

2C:28-3 (unsworn falsification to authorities), N.J.S.A. 2C:28-4 (false reports to law enforcement

officials), N.J.S.A. 2C:28-5 (tampering with witnesses and informants; retaliation

against them), N.J.S.A. 2C:28-6 (tampering with or fabricating physical evidence), N.J.S.A.

2C:28-7 (tampering with public records or information), N.J.S.A. 2C:28-8 (impersonating a

public servant or law enforcement officer), N.J.S.A. 2C:30-2 (official misconduct), N.J.S.A.

2C:30-3 (speculating or wagering on official action or information), N.J.S.A. 2C:35-5

(manufacturing, distributing or dispensing a controlled dangerous substance), N.J.S.A.

2C:35-10 (possession, use or being under the influence or failure to make lawful disposition

of a controlled dangerous substance), N.J.S.A. 2C:37-2 (promoting gambling), N.J.S.A.

2C:37-3 (possession of gambling records), or N.J.S.A. 2C:37-4 (maintenance of a gambling

resort).

§ 13:45A-17.7 Duty to update information

(a) Whenever any information required to be included in the application changes, or if additional

information should be added after the filing of the application, the applicant or registered home improvement

contractor, as appropriate, shall provide that information to the Director, in writing,

within 20 calendar days of the change or addition. Whenever any other information filed with the

Director pursuant to the Contractors' Registration Act, N.J.S.A. 56:8-136 et seq., or this subchapter

has changed, the applicant or registered home improvement contractor, as appropriate, shall

provide that information to the Director, in writing, within 20 calendar days of the change or addition.

(b) Whenever any 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 or registered

home improvement contractor, as appropriate, shall provide that information to the Director, in

writing, within 30 calendar days of the change or addition.

§ 13:45A-17.8 Requirement to cooperate

Home improvement contractor applicants seeking to register with the Division and registered home

improvement contractors shall have the continuing duty to provide any assistance or information;

to produce any records requested by the Director; and to cooperate in any inquiry, investigation or

hearing conducted by the Director.

§ 13:45A-17.9 Refusal to issue, suspension or revocation of registration; hearing; other

sanctions

(a) The Director may refuse to issue or renew, or may suspend or revoke any registration issued

by the Division upon proof that an applicant or registrant or any of its officers, directors, principals

or persons with an ownership interest of 10 percent or more in the home improvement contractor

business:

1. Has obtained any registration, certification or license by 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 involving selling

or making a home improvement;

5. Has engaged in professional or occupational misconduct;

6. Has been adjudged liable in an administrative or civil action involving any finding or admission

which would provide a basis for discipline pursuant to (a)1 through 5 above regardless

of whether that finding was made in the context of an injunction, a proceeding resulting in

the denial, suspension or revocation of a license, certification or registration, consented to

in an assurance of voluntary compliance or any similar order or legal agreement with any

State or Federal agency;

7. Has been convicted of any crime involving moral turpitude or any crime relating adversely

to selling or making home improvements. 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;

8. Has had his or her 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;

9. Has violated or failed to comply with N.J.S.A. 56:8-136 et seq. or any provision of this subchapter

or the provisions of any act, regulation or order administered or issued by the Director;

or

10. Is unable to meet the requirements of the Contractors' Registration Act, N.J.S.A. 56:8-136

et seq., or rule in this subchapter for medical or any other good cause to the detriment of

the public's health, safety and welfare.

(b) Information contained in the application required pursuant to N.J.A.C. 13:45A-17.5 and information

contained in the disclosure statement required to be filed pursuant to N.J.A.C. 13:45A-17.6

may be used by the Director as grounds for denying, suspending or revoking a registration. An applicant

whose registration is denied or a home improvement contractor whose registration is suspended

or revoked based upon information contained in the application or disclosure statement or

any amendments thereto shall be afforded an opportunity to be heard pursuant to the Administrative

Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules,

N.J.A.C. 1:1, upon written request to the Director within 30 days of the notice of denial, suspension

or revocation which shall contain the basis for such action. In any matter in which the provisions of

the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-1 et seq., apply, the Director shall

comply with the requirements of that Act.

(c) Except as provided in (b) above, prior to refusing to issue or renew or suspending or revoking a

home improvement contractor registration or assessing a penalty, the Director shall notify the applicant

or registrant and provide an opportunity to be heard.

(d) In addition to assessing a monetary penalty for any violation of this subchapter, the Director

may revoke a registration or suspend the registration for a period of time dependent upon the seriousness

of the violation.

(e) Nothing contained in this subchapter shall limit the Director from imposing any additional fees,

fines, penalties, restitution or any other sanctions as permitted under the Consumer Fraud Act,

N.J.S.A. 56:8-1 et seq.

§ 13:45A-17.10 Reinstatement of suspended registration

A registration that is suspended by the Director may be reinstated upon the contractor satisfying

the conditions for reinstatement as determined by the Director and paying all outstanding fees,

fines, penalties and restitution, including the payment of the reinstatement fee specified in N.J.A.C.

13:45A-17.14.

§ 13:45A-17.11 Ownership and use of registration number; replacement and duplicate

certificates

(a) Each registration number and certificate containing such registration number issued by the Director

to a home improvement contractor remain the property of the State of New Jersey. If the

Director suspends, fails to renew, or revokes a registration, the home improvement contractor shall

immediately return all registration certificates to the Director and shall remove the registration

number from all vehicles, advertising and anything else on which the registration number is displayed

or otherwise communicated.

(b) The Director shall issue a replacement certificate upon payment of the replacement certificate

fee as set forth in N.J.A.C. 13:45A-17.14 and receipt by the Director of an affidavit or certified

statement attesting that the original was either lost, destroyed, mutilated or is otherwise no longer

in the custody of and cannot be recovered by the certificate holder.

(c) The Director shall issue a duplicate certificate to a registered contractor upon payment of the

duplicate certificate fee as set forth in N.J.A.C. 13:45A-17.14 and receipt by the Director of an affidavit

or certified statement that the registered contractor has multiple places of business in which

the contractor must display a certificate. A registered contractor may not possess more registration

certificates than the number of places of business utilized by the contractor.

(d) A registered home improvement contractor shall prominently display:

1. The original registration certificate or a duplicate registration certificate issued by the Division

at each place of business; and

2. The contractor's registration number on 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 a registrant and used by the registrant for the purpose of providing home improvements,

except for vehicles leased or rented by a registrant to a customer of that registrant.

(e) Any invoice, contract or correspondence given by a registrant to a consumer shall prominently

contain the toll-free telephone number provided by the Division pursuant to (b) of N.J.S.A. 56:8-

§ 13:45A-17.12 Mandatory commercial general liability insurance

(a) On or after December 31, 2005 every registered home improvement contractor shall secure

and maintain in full force and effect during the entire term of registration a commercial general liability

insurance policy and shall file with the Director proof that such insurance is in full force and

effect.

(b) The insurance policy required to be filed with the Director shall be a commercial general liability

insurance policy, occurrence form, and shall provide a minimum coverage in the amount of

$500,000 per occurrence. On or after December 31 2005, every registered contractor engaged in

home improvements whose commercial general liability insurance policy is canceled or nonrenewed

shall submit to the director a copy of the certificate of commercial general liability insurance for a

new or replacement policy which meets the requirements of (a) above before the former policy is

no longer effective.

(c) The proof of insurance required by (a) above shall be a certificate provided by the insurer containing

the insured's name, business street address, policy number, term of the insurance, and information

assuring that the policy conforms with (b) above.

(d) A home improvement contractor who either does not renew or otherwise changes the contractor's

commercial general liability policy shall submit a copy of the certificate of commercial general

liability insurance for the new policy before the former policy is no longer effective.

§ 13:45A-17.13 Requirements of certain home improvement contracts

In addition to the requirements of a home improvement contract pursuant to N.J.A.C. 13:45A-16.2,

every home improvement contract in which a person required to be registered as a home improvement

contractor is a party shall comply with the provisions of N.J.S.A. 56:8-151.

§ 13:45A-17.14 Fees

(a) The Division shall charge the following non-refundable home improvement contractor registration

fees:

1. Initial registration fee $90.00;

2. Renewal registration fee $75.00;

3. Late fee $25.00;

4. Reinstatement fee $50.00;

5. Replacement or duplicate certificate fee $20.00.

 

 

New Jersey Home Repair Laws Frequently Asked Questions

 

What Are New Jersey Home Repair Laws?

To protect consumers from being victimized by New Jersey home repair contractors, the New Jersey legislature passed laws that regulate New Jersey home repairs.  This article discusses certain New Jersey Home Repair Laws and New Jersey Home Repair Regulations.  Knowing your rights under certain New Jersey Home Repair Laws and New Jersey Home Repair Regulations may be of great help when hiring a New Jersey home repair contractor.

 

What are New Jersey Home Repair Regulations?

To protect consumers from being victimized by New Jersey home repair contractors, the New Jersey Division of Consumer Affairs adopted regulations that regulate New Jersey home repairs.

 

New Jersey Home Repair Laws Frequently Asked Questions 1 - What New Jersey Home Repair Laws And New Jersey Home Repair Regulations Apply To New Jersey Home Repair Contractors And New Jersey Home Improvement Contractors?

  • The New Jersey Consumer Fraud Act regulates home repair contracts with New Jersey home repair regulations and New Jersey home repair laws, as follows:  (1) New Jersey Contractor Registration Act; (2) New Jersey Contractor Registration Regulations; & (3) New Jersey Home Improvement Practices Regulations.

 

New Jersey Home Repair Laws Frequently Asked Questions 2 - What Type Of New Jersey Home Repair Services And New Jersey Home Improvement Services Are Covered By The New Jersey Home Repair Laws And New Jersey Home Repair Regulations?

  • landscaping services.

  • cleaning & restoration services, such as fire or flood mitigation work.

  • manager of real estate investment & management companies who: (1) located properties for companies to purchase; (2) oversaw renovations; (3) hired subcontractors; & (4) managed the company’s rental properties.

  • contractor other than home builder in direct privity with homeowner.

  • contractor claiming homeowners acted as their own general contractor, when the contractor: (1) prepared the contract between the parties; (2) agreed to perform home improvements at the homeowners’ residence; (3) was listed as “Contractor” & indicated that contractor would “furnish all materials & necessary equipment & perform all labor necessary to complete the ... work;” & (4) “precluded ‘any alteration or deviation from the plans & specification’ without written orders for same.”

  • unoccupied property having both residential & commercial uses.

  • Homeowner contracting directly with building contractor to perform a home improvement, without engaging the services of a general contractor.

 

New Jersey Home Repair Laws Frequently Asked Questions 3 - What Are Some Of The Mandatory Requirements For New Jersey Home Repair Contracts And New Jersey Home Improvement Contracts?

  • Secure, maintain & file with the New Jersey Division of Consumer Affairs proof of a certificate of commercial general liability insurance in a minimum amount of $500,000.00 per occurrence.

  • prominently display their registration numbers in various locations & in various materials, including in contracts.

  • Use/issue documents prominently containing the New Jersey Division of Consumer Affairs toll-free telephone number for consumers making inquiries regarding contractors.

  • For every home improvement contract for a purchase price in excess of $500, & all changes in the terms & conditions of the contract, use written contracts containing the mandatory disclosure requirements of the New Jersey Contractors’ Registration Act and New Jersey Home Improvement Practices Regulations, including the notice of the consumer’s right to cancel.

 

New Jersey Home Repair Laws Frequently Asked Questions 4 – Does The Customer Have The Right To Cancel A New Jersey Home Improvement Contract And A New Jersey Home Repair Contract?

  • On or after December 31, 2005, the consumer may cancel a home improvement contract for any reason at any time before midnight of the third business day after the consumer receives a copy of it.

  • To cancel a contract, the consumer shall notify the contractor of the cancellation in writing, by registered or certified mail, return receipt requested or by personal delivery, to the address specified in the contract.

  • Within 30 days of receiving the cancellation, the contractor must make a full refund of all moneys paid pursuant to the cancelled contract.

  • If the consumer executed any credit or loan agreement through the contractor to pay all or part of the contract, the agreement or note shall be cancelled without penalty to the consumer & written notice of that cancellation shall be mailed to the consumer within 30 days of receipt of the notice of cancellation.

 

New Jersey Home Repair Laws Frequently Asked Questions 5 - What Remedies Are Available To New Jersey Home Repair Fraud Victims?

  • Cancellation of fraudulent debts.
  • Treble damages for ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
  • Attorney’s fee award for prosecuting the New Jersey Consumer Fraud Act Violation or defending against lawsuits by contractors to collect a fraudulent debt.
  • Refund of money lost due to the contractor’s New Jersey Consumer Fraud Act Violation.

 

Does The Law Office Of Paul Depetris Have Experience Handling New Jersey Cases?

Yes.  Paul DePetris has performed the following tasks:

·     handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.

·     provided New Jersey pro se parties with New Jersey legal advice and prepared New Jersey legal forms

·     prepared and filed many New Jersey

·     complaints

·     tried New Jersey jury trials

·     mediated many New Jersey cases

·     argued New Jersey motions

·     handled New Jersey proof hearings

·     handled New Jersey post judgment collection proceedings

 

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

Atlantic County

Bergen County

Burlington County

Camden County

Cape May County

Cumberland County

Essex County Special

Gloucester County

Hudson County

Mercer County

Middlesex County

Monmouth County

Morris County

Ocean County

Passaic County

Salem County

Somerset County

Sussex County

Union County

Warren County

 

In What New Jersey Counties Will The Law Office Of Paul DePetris Handle New Jersey Cases?

The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:

Atlantic County Law Division

Bergen County Law Division

Burlington County Law Division

Camden County Law Division

Cape May County Law Division

Cumberland County Law Division

Essex County Law Division

Gloucester County Law Division

Hudson County Law Division

Hunterdon County Law Division

Mercer County Law Division

Middlesex County Law Division

Monmouth County Law Division

Morris County Law Division

Ocean County Law Division

Passaic County Law Division

Salem County Law Division

Somerset County Law Division

Sussex County Law Division

Union County Law Division

Warren County Law Division

 

 

 

What If I Don’t Have Enough Money To Hire An Attorney To Handle My New Jersey Case From Beginning To End?

In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case.  For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or write an email to Mr. DePetris at paul@newjerseylemon.com.  

 

Disclaimer

The Law Office of Paul DePetris does not guarantee or warrant or assume responsibility for the accuracy or completeness of the information contained on this website. This site shall not be used or relied upon by any person as a substitute for competent legal advice by an attorney admitted to practice law in the appropriate jurisdiction, to information contained in federal or state statute books of official reporters or the interpretation of such statutes by courts of competent jurisdictions.  

 

The information in this website is provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or noninfringement of third party rights.  The Law Office of Paul DePetris shall not be liable to any person for any special, indirect or consequential damages relating to this material.

 

NEW JERSEY HOME REPAIR LAWS

 

56:8-152. Rules, regulations. 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.

 

56:8-153. Definitions relative to unsolicited credit cards, checks. As used in this act:

 

"Check" means a demand draft drawn on or payable through an office of a depository institution located in the United States that has imprinted on it the account holder's name and the depository institution's name, location and routing number.

 

"Credit card" means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain credit.

 

"Unsolicited check" means any check mailed or otherwise delivered to a person for the purpose of drawing on an existing account that is an extension of credit or activating an account to obtain credit other than:

 

(1) in response to a request or application for a check or account; or

 

(2) as a substitute for a check or account previously issued to the person to whom the check is mailed or otherwise delivered.

 

"Unsolicited credit card" means any credit card mailed or otherwise delivered to a person other than:

 

(1) in response to a request or application for a credit card; or

 

(2) as a renewal or substitute for a credit card previously issued to the person to whom the credit card is mailed or otherwise delivered.

 

56:8-154. Delivery of unsolicited credit card, unlawful practice. It shall be an unlawful practice for any person to mail or otherwise deliver an unsolicited credit card to a person in this State.

 

56:8-155. Unsolicited credit card, unaccepted, immunity from liability for use. No person in whose name an unsolicited credit card is issued shall be liable for any amount resulting from use of that card, from which that person or a member of that person's family or household derives no benefit, unless the person has accepted the card by activating the card or using the card, or by authorizing use of the card by another person. Failure to destroy or return an unsolicited credit card shall not constitute acceptance of the card.

 

56:8-156. Unsolicited check, unaccepted, immunity from liability for use. No person in whose name an unsolicited check is issued shall be liable for any amount resulting from use of that check or account, unless the person who is the holder of the account upon which the check is to be drawn, or who is the payee on the check, as the case may be, has accepted the check or account by using the check or account. Failure to destroy or return an unsolicited check shall not constitute acceptance of the check or account.

 

56:8-157. Definitions relative to certain unsolicited advertisements over telephone lines. As used in this act:

"Existing business relationship" means a relationship formed by a voluntary two-way communication between a person or entity and a residential or business subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase, membership or transaction by the residential or business subscriber regarding products or services offered by such person or entity.

 

"Nonprofit organization" means a nonprofit organization that is exempt from federal taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code (26 U.S.C. s. 501(c)(3)) or section 501(c)(6) of the federal Internal Revenue Code (26 U.S.C. s.501(c)(6)).

 

"Telephone facsimile machine" means equipment which has the capacity to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line or to transcribe text or images, or both, from an electronic signal received over a regular telephone line onto paper.

 

"Unsolicited advertisement" means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission.

 

56:8-158. Sending unsolicited advertisement to telephone facsimile machine prohibited, exceptions. a. A person within this State shall not use any telephone facsimile machine, computer or other device to send an unsolicited advertisement to a telephone facsimile machine within this State. This subsection shall not be construed to cover the actions of an internet service provider or telecommunications service provider in the transmission, routing, relaying, handling, or storing of the facsimile through an automatic technical process.

 

b. Subsection a. of this section shall not apply where there is an existing business relationship between the sender of the unsolicited advertisement and the residential or business subscriber or where a member of a nonprofit organization including, but not limited to, professional or trade associations, sends an unsolicited advertisement to a member of the same organization, directly and not through a centralized facsimile database or facsimile number list maintained by the organization, provided that such unsolicited advertisement, whether sent pursuant to an existing business relationship between the sender and the residential or business subscriber or whether sent from one member of a nonprofit organization to another member of the same organization, shall provide clear and conspicuous notice on the first page of the unsolicited advertisement. Such notice shall include:

 

(1) disclosure to the recipient that the recipient may request the sender of the unsolicited advertisement not to send any future unsolicited advertisements to the recipient's telephone facsimile machine; and

 

(2) the domestic address and facsimile machine number for the recipient to transmit such a request to the sender.

 

c. A request not to send future unsolicited advertisements to a telephone facsimile machine shall:

 

(1) identify the telephone number of the telephone facsimile machine to which the request relates;

 

(2) be made to the sender's domestic address or the facsimile machine number of the sender provided in the notice to the recipient; and

 

(3) be sent in written form to the sender's domestic address or sent by return facsimile transmission to the sender's facsimile machine number, in order to be effective.

 

Such request is effective unless subsequently the person making the request provides express invitation or permission to the sender, in written form or by facsimile transmission, to send future unsolicited advertisements to such person at such telephone facsimile machine.

 

d. Failure to honor a valid request, in written form or by facsimile transmission, not to send future unsolicited advertisements pursuant to subsections c. through g. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

e. Nonprofit organizations, including but not limited to, professional or trade associations, shall be exempt from subsection a. of this section and shall be allowed to send unsolicited advertisements to their new and existing members in furtherance of the organization's purpose, without penalty, provided that the organization provides to each of its prospective new members at the time of membership application or to each of its existing members at the time of membership renewal, as the case may be, clear and conspicuous notice of:

 

(1) the member's right to request the organization not to send any future unsolicited advertisements to the member's telephone facsimile machine;

 

(2) the organization's domestic address and facsimile machine number to which its members may transmit such a request to the organization; and

 

(3) the requirement that any such request to the organization shall be sent in written form to the organization's domestic address or sent by return facsimile transmission to the organization's facsimile number, in order to be effective.

 

A request by a member to a nonprofit organization not to send future unsolicited advertisements to a member's telephone facsimile machine shall comply with the requirements of this subsection and with the requirements of subsection c. of this section, as applicable. Failure of a nonprofit organization to honor a valid request, in written form or by facsimile transmission, from a member not to send future unsolicited advertisements pursuant to the requirements of this subsection and the requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

f. Members of nonprofit organizations, including but not limited to, professional or trade associations, who send unsolicited advertisements to the telephone facsimile machines of other members of the same organization by initially sending such advertisements to a centralized facsimile database or facsimile number list maintained by the organization for the purpose of distributing such advertisements to its membership shall be exempt from subsection a. of this section and shall be allowed to send such unsolicited advertisements through such centralized facsimile database or facsimile number list to other members of the same organization, without penalty, provided that the organization provides to each of its prospective new members at the time of membership application or to each of its existing members at the time of membership renewal, as the case may be, clear and conspicuous notice of:

 

(1) the member's right to request that the organization not send any future unsolicited advertisements from one or more other members of the same organization through such centralized facsimile database or facsimile number list to the member's telephone facsimile machine;

 

(2) the organization's domestic address and facsimile machine number to which its members may transmit such a request to the organization; and

 

(3) the requirement that any such request to the organization shall be sent in written form to the organization's domestic address or sent by return facsimile transmission to the organization's facsimile number, in order to be effective.

 

A request by a member to a nonprofit organization that the organization not send any future unsolicited advertisements from one or more other members of the same organization through such centralized facsimile database or facsimile number list to a member's telephone facsimile machine shall comply with the requirements of this subsection and with the requirements of subsection c. of this section, as applicable. Failure of the nonprofit organization to honor a valid request, in written form or by facsimile transmission, from a member of the same organization not to send any future unsolicited advertisements from one or more other members through such centralized facsimile database or facsimile number list pursuant to the requirements of this subsection and the requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

g. Nonprofit organizations, including but not limited to, professional or trade associations, shall be exempt from subsection a. of this section and shall be allowed to send unsolicited advertisements to the telephone facsimile machine of any person, other than a new or existing member of the sending organization, within this State, without penalty, provided that such advertisements are intended to give the person notice of an event that is in furtherance of the organization's purpose, and further provided that, any such unsolicited advertisements to the person's telephone facsimile machine shall provide clear and conspicuous notice on the first page of the unsolicited advertisement. Such notice shall include:

 

(1) disclosure to the person that the person may request the organization not to send any such future unsolicited advertisements to the person's telephone facsimile machine;

 

(2) the domestic address and facsimile machine number for the person to transmit such a request to the organization; and

 

(3) the requirement that any such request to the organization shall be sent in written form to the organization's domestic address or sent by return facsimile transmission to the organization's facsimile number, in order to be effective.

 

A request by a person to a nonprofit organization that the organization not send future unsolicited advertisements to the person's telephone facsimile machine shall comply with the requirements of this subsection and with the requirements of subsection c. of this section, as applicable. Failure of a nonprofit organization to honor a valid request, in written form or by facsimile transmission, from a person not to send future unsolicited advertisements pursuant to the requirements of this subsection and the requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

56:8-159. Action by aggrieved person. a. Any person aggrieved by a violation of this act may bring an action in the Superior Court in the county where the transmission was sent or was received, or in which the plaintiff resides, for damages or to enjoin further violations of this act.

 

b. The court shall proceed in a summary manner and shall, in the event the plaintiff establishes a violation of this act, enter a judgment for the actual damages sustained, or $500 for each violation, whichever amount is greater, together with costs of suit and reasonable attorney's fees.

 

c. If the plaintiff establishes that the sender was notified by return facsimile or written means of communication to cease and desist transmission of such unsolicited advertisements, the court shall enter a judgment, on account of each subsequent transmission, for actual damages or $1,000 for each transmission, whichever amount is greater, together with costs of suit and reasonable attorney's fees, not to exceed $1,000.

 

56:8-160. Violation constitutes unlawful practice. A violation of this act shall constitute an unlawful practice pursuant to P.L. 1960, c. 39 (C.56:8-1 et seq.) and shall be subject to all remedies and penalties available pursuant to P.L 1960, c. 39 (C. 56:8-1 et seq.), in addition to the remedies provided to an aggrieved person by section 3 of this act.

The Law Office of Paul DePetris does not guarantee that the statutes or codes on this website are the latest versions of the statutes or codes, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.  The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated.  Accordingly, this database may include laws that:  (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.  Further, effective dates of the laws are not necessarily included in the database.  Accordingly, you should not rely upon the laws contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. 

 

NEW JERSEY HOME REPAIR REGULATIONS

 

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 45A. ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS

SUBCHAPTER 16. HOME IMPROVEMENT PRACTICES

§ 13:45A-16.1 Purpose and scope

(a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer

Fraud Act, N.J.S.A. 56:8-1 et seq., by providing procedures for the regulation and content of home

improvement contracts and establishing standards to facilitate enforcement of the requirements of

the Act.

(b) The rules in this subchapter shall apply to all sellers as defined in N.J.A.C. 13:45A-16.1A and to

all home improvement contractors as defined in N.J.A.C. 13:45A-17.2 whether or not they are exempt

from the provisions of N.J.A.C. 13:45A-17.

§ 13:45A-16.1A Definitions

The following words and terms, when used in this subchapter, shall have the following meanings

unless the context indicates otherwise.

"Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring,

moving, demolishing, or modernizing of residential or noncommercial property or the making

of additions thereto, and includes, but is not limited to, the construction, installation, replacement,

improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,

fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement

waterproofing, fire protection devices, security protection devices, central heating and air

conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems,

insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other

changes, repairs, or improvements made in or on, attached to or forming a part of the residential

or noncommercial property, but does not include the construction of a new residence. The term extends

to the conversion of existing commercial structures into residential or noncommercial property

and includes any of the above activities performed under emergency conditions.

"Home improvement contract" means an oral or written agreement between a seller and an

owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or

noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements

made in, to, or upon such property, and includes all agreements under which the seller

is to perform labor or render services for home improvements, or furnish materials in connection

therewith.

"Residential or non-commercial property" means a structure used, in whole or in substantial

part, as a home or place of residence by any natural person, whether or not a single or multi-unit

structure, and that part of the lot or site on which it is situated and which is devoted to the residential

use of the structure, and includes all appurtenant structures.

"Sales representative" means a person employed by or contracting with a seller for the purpose

of selling home improvements.

"Seller" means a person engaged in the business of making or selling home improvements and

includes corporations, partnerships, associations and any other form of business organization or

entity, and their officers, representatives, agents and employees.

§ 13:45A-16.2 Unlawful practices

(a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act,

N.J.S.A. 56:8-1 et seq., utilization by a seller of the following acts and practices involving the sale,

attempted sale, advertisement or performance of home improvements shall be unlawful hereunder.

7

1. Model home representations: Misrepresent or falsely state to a prospective buyer that the

buyer's residential or noncommercial property is to serve as a "model" or "advertising job", or use

any other prospective buyer lure to mislead the buyer into believing that a price reduction or other

compensation will be received by reason of such representations;

2. Product and material representations: Misrepresent directly or by implication that products or

materials to be used in the home improvement:

i. Need no periodic repainting, finishing, maintenance or other service;

ii. Are of a specific or well-known brand name, or are produced by a specific manufacturer

or exclusively distributed by the seller;

iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics

or features;

iv. Perform certain functions or substitute for, or are equal in performance to, other products

or materials;

v. Meet or exceed municipal, state, federal, or other applicable standards or requirements;

vi. Are approved or recommended by any governmental agency, person, firm or organization,

or that they are the users of such products or materials;

vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;

viii. Are or will be custom-built or specially designed for the needs of the buyer; or

ix. May be serviced or repaired within the buyer's immediate trade area, or be maintained

with replacement and repair parts which are readily available.

3. Bait selling:

i. Offer or represent specific products or materials as being for sale, where the purpose or

effect of the offer or representation is not to sell as represented but to bait or entice the

buyer into the purchase of other or higher priced substitute products or materials;

ii. Disparage, degrade or otherwise discourage the purchase of products or materials offered

or represented by the seller as being for sale to induce the buyer to purchase

other or higher priced substitute products or materials;

iii. Refuse to show, demonstrate or sell products or materials as advertised, offered, or represented

as being for sale;

iv. Substitute products or materials for those specified in the home improvement contract,

or otherwise represented or sold for use in the making of home improvements by sample,

illustration or model, without the knowledge or consent of the buyer;

v. Fail to have available a quantity of the advertised product sufficient to meet reasonably

anticipated demands; or

vi. Misrepresent that certain products or materials are unavailable or that there will be a

long delay in their manufacture, delivery, service or installation in order to induce a

buyer to purchase other or higher priced substitute products or materials from the seller.

4. Identity of seller:

i. Deceptively gain entry into the prospective buyer's home or onto the buyer's property

under the guise of any governmental or public utility inspection, or otherwise misrepresent

that the seller has any official right, duty or authority to conduct an inspection;

ii. Misrepresent that the seller is an employee, office or representative of a manufacturer,

importer or any other person, firm or organization, or a member of any trade associa-

8

tion, or that such person, firm or organization will assume some obligation in fulfilling

the terms of the contract;

iii. Misrepresent the status, authority or position of the sales representative in the organization

he represents;

iv. Misrepresent that the sales representative is an employee or representative of or works

exclusively for a particular seller; or

v. Misrepresent that the seller is part of any governmental or public agency in any printed

or oral communication including but not limited to leaflets, tracts or other printed material,

or that any licensing denotes approval by the governmental agency.

5. Gift offers:

i. Offer or advertise any gift, free item or bonus without fully disclosing the terms or conditions

of the offer, including expiration date of the offer and when the gift, free item or

bonus will be given; or

ii. Fail to comply with the terms of such offer.

6. Price and financing:

i. Misrepresent to a prospective buyer that an introductory, confidential, close-out, going

out of business, factory, wholesale, or any other special price or discount is being given,

or that any other concession is made because of a market survey or test, use of materials

left over from another job, or any other reason;

ii. Misrepresent that any person, firm or organization, whether or not connected with the

seller, is especially interested in seeing that the prospective buyer gets a bargain, special

price, discount or any other benefit or concession;

iii. Misrepresent or mislead the prospective buyer into believing that insurance or some

other form of protection will be furnished to relieve the buyer from obligations under the

contract if the buyer becomes ill, dies or is unable to make payments;

iv. Misrepresent or mislead the buyer into believing that no obligation will be incurred because

of the signing of any document, or that the buyer will be relieved of some or all

obligations under the contract by the signing of any documents;

v. Request the buyer to sign a certificate of completion, or make final payment on the contract

before the home improvement is completed in accordance with the terms of the

contract;

vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery

or installation, or that other requirements must be fulfilled by the buyer as a condition

to the performance of labor, services, or the furnishing of products or materials at

the offered or contract price;

vii. Mislead the prospective buyer into believing that the down payment or any other sum

constitutes the full amount the buyer will be obligated to pay;

viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing

charges, interest service charges, credit investigation costs, building or installation

permit fees, or other obligations, charges, cost or fees to be paid by the buyer;

ix. Advise or induce the buyer to inflate the value of the buyer's property or assets, or to

misrepresent or falsify the buyer's true financial position in order to obtain credit; or

x. Increase or falsify the contract price, or induce the buyer by any means to misrepresent

or falsify the contract price or value of the home improvement for financing purposes or

to obtain additional credit.

9

7. Performance:

i. Deliver materials, begin work, or use any similar tactic to unduly pressure the buyer into

a home improvement contract, or make any claim or assertion that a binding contract

has been agreed upon where no final agreement or understanding exists;

ii. Fail to begin or complete work on the date or within the time period specified in the

home improvement contract, or as otherwise represented, unless the delay is for reason

of labor stoppage; unavailability of supplies or materials, unavoidable casualties, or any

other cause beyond the seller's control. Any changes in the dates or time periods stated

in a written contract shall be agreed to in writing; or

iii. Fail to give timely written notice to the buyer of reasons beyond the seller's control for

any delay in performance, and when the work will begin or be completed.

8. Competitors:

i. Misrepresent that the work of a competitor was performed by the seller;

ii. Misrepresent that the seller's products, materials or workmanship are equal to or better

than those of a competitor; or

iii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.

9. Sales representations:

i. Misrepresent or mislead the buyer into believing that a purchase will aid or help some

public, charitable, religious, welfare or veterans' organization, or misrepresent the extent

of such aid or assistance;

ii. Knowingly fail to make any material statement of fact, qualification or explanation if the

omission of such statement, qualification or explanation causes an advertisement, announcement,

statement or representation to be false, deceptive or misleading; or

iii. Misrepresent that the customer's present equipment, material, product, home or a part

thereof is dangerous or defective, or in need of repair or replacement.

10. Building permits:

i. No seller contracting for the making of home improvements shall commence work until

he is sure that all applicable state or local building and construction permits have been

issued as required under state laws or local ordinances; or

ii. Where midpoint or final inspections are required under state laws or local ordinances,

copies of inspection certificates shall be furnished to the buyer by the seller when construction

is completed and before final payment is due or the signing of a completion slip

is requested of the buyer.

11. Guarantees or warranties:

i. The seller shall furnish the buyer a written copy of all guarantees or warranties made

with respect to labor services, products or materials furnished in connection with home

improvements. Such guarantees or warranties shall be specific, clear and definite and

shall include any exclusions or limitations as to their scope or duration. Copies of all

guarantees or warranties shall be furnished to the buyer at the time the seller presents

his bid as well as at the time of execution of the contract, except that separate guarantees

or warranties of the manufacturer of products or materials may be furnished at the

time such products or materials are installed.

12. Home improvement contract requirements--writing requirement: All home improvement contracts

for a purchase price in excess of $500.00, and all changes in the terms and conditions

10

thereof shall be in writing. Home improvement contracts which are required by this subsection to

be in writing, and all changes in the terms and conditions thereof, shall be signed by all parties

thereto, and shall clearly and accurately set forth in legible form and in understandable language

all terms and conditions of the contract, including, but not limited to, the following:

i. The legal name and business address of the seller, including the legal name and business

address of the sales representative or agent who solicited or negotiated the contract

for the seller;

ii. A description of the work to be done and the principal products and materials to be used

or installed in performance of the contract. The description shall include, where applicable,

the name, make, size, capacity, model, and model year of principal products or fixtures

to be installed, and the type, grade, quality, size or quantity of principal building or

construction materials to be used. Where specific representations are made that certain

types of products or materials will be used, or the buyer has specified that certain types

of products are to be used, a description of such products or materials shall be clearly

set forth in the contract;

iii. The total price or other consideration to be paid by the buyer, including all finance

charges. If the contract is one for time and materials, the hourly rate for labor and all

other terms and conditions of the contract affecting price shall be clearly stated;

iv. iv. The dates or time period on or within which the work is to begin and be completed by

the seller;

v. A description of any mortgage or security interest to be taken in connection with the financing

or sale of the home improvement; and

vi. A statement of any guarantee or warranty with respect to any products, materials, labor

or services made by the seller.

13. Disclosures and obligations concerning preservation of buyers' claims and defenses:

i. If a person other than the seller is to act as the general contractor or assume responsibility

for performance of the contract, the name and address of such person shall be disclosed

in the oral or written contract, except as otherwise agreed, and the contract shall

not be sold or assigned without the written consent of the buyer;

ii. ii. No home improvement contract shall require or entail the execution of any note,

unless such note shall have conspicuously printed thereon the disclosures required by either

State law (N.J.S.A. 17:16C-64.2 (consumer note)) or Federal law (16 C.F.R. section

433.2) concerning the preservation of buyers' claims and defenses.

 

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 45A. ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS

SUBCHAPTER 17. HOME IMPROVEMENT CONTRACTOR REGISTRATION

§ 13:45A-17.1 Purpose and scope

(a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer

Fraud Act, N.J.S.A. 56:8-1 et seq. as amended by P.L. 2004, c.16 (N.J.S.A. 56:8-136 et seq.) by

providing procedures for the regulation of home improvement contractors and establishing standards

to facilitate enforcement of the requirements of the Act. The rules establish the Division's

registration procedures for those persons who fall under the requirements of this law.

(b) These rules shall apply to home improvement contractors in this State unless otherwise exempt

under N.J.A.C. 13:45A-17.4.

§ 13:45A-17.2 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings,

unless the context clearly indicates otherwise:

"Advertise" means to communicate to the public by means of any print, electronic or any other

media, including, but not limited to, newspapers, magazines, periodicals, journals, circulars, flyers,

business cards, signs, radio, telephone, facsimile machine, television, computer or the Internet.

"Advertise" includes having a person's name in a classified advertisement or directory in this State

under any classification of home improvement as defined in this section but does not include simple

residential alphabetical listings in standard telephone directories.

"Director" means the Director of the Division of Consumer Affairs.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

"Employee" means employee as defined in N.J.A.C. 18:35-7.1.

"Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring,

moving, demolishing, or modernizing of residential or noncommercial property or the making

of additions thereto, and includes, but is not limited to, the construction, installation, replacement,

improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,

fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement

waterproofing, fire protection devices, security protection devices, central heating and air

conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems,

insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other

changes, repairs, or improvements made in or on, attached to or forming a part of the residential

or noncommercial property, but does not include the construction of a new residence. The term extends

to the conversion of existing commercial structures into residential or noncommercial property

and includes any of the above activities performed under emergency conditions.

"Home improvement contract" means an oral or written agreement for the performance of a

home improvement between a contractor and an owner of residential or noncommercial property,

or a contractor and a tenant or lessee of residential or noncommercial property, if the tenant or

lessee is to be obligated for the payment of home improvements made in, to, or upon such property,

and includes all agreements under which the contractor is to perform labor or render services

for home improvements, or furnish materials in connection therewith.

"Home improvement contractor" or "contractor" means a person engaged in the business of

making or selling home improvements and includes corporations, partnerships, associations and

any other form of business organization or entity, and their officers, representatives, agents and

employees.

"Residential or non-commercial property" means a structure used, in whole or in substantial

part, as a home or place of residence by any natural person, whether or not a single or multi-unit

structure, and that part of the lot or site on which it is situated and which is devoted to the residential

use of the structure, and includes all appurtenant structures.

§ 13:45A-17.3 Registration required

(a) On or after December 31, 2005, unless exempt under N.J.A.C. 13:45A-17.4:

1. No person shall engage in the business of making or selling home improvements in this

State unless registered with the Division in accordance with this subchapter; and

2. No person shall advertise indicating that the person is a contractor in this State unless the

person is registered with the Division in accordance with this subchapter.

(b) Unless exempt under N.J.A.C. 13:45A-17.4, contractors hired by other contractors to make or

sell any home improvements shall register with the Division in accordance with this subchapter.

(c) Officers and employees of a registered home improvement contractor shall not be required to

register separately from the registered business entity provided that the officers and employees

sell or make home improvements solely within their respective scopes of performance for that registered

business entity.

(d) Officers and employees of a home improvement contractor that is exempt under N.J.A.C.

13:45A-17.4 shall not be required to register provided that the officers and employees sell or make

home improvements solely within their respective scopes of performance for that exempt business

entity.

§ 13:45A-17.4 Exemptions

(a) The following persons are exempt from the registration requirements of this subchapter:

1. Any person registered pursuant to "the New Home Warranty and Builders' Registration Act,"

P.L. 1977, c.467 (N.J.S.A. 46:3B-1 et seq.), but only in conjunction with the building of a

new home as defined in N.J.A.C. 5:25-1.3;

2. Any person performing a home improvement upon a residential or non-commercial property

owned by that person, or by the person's family;

3. Any person performing a home improvement upon a residential or non-commercial property

owned by a bona fide charity or other non-profit organization;

4. Any person regulated by the State as an architect, professional engineer, landscape architect,

land surveyor, electrical contractor, master plumber, locksmith, burglar alarm business,

fire alarm business, or any other person in any other related profession requiring registration,

certification, or licensure by the State, who is acting within the scope of practice of

that profession;

5. Any person employed by a community association or cooperative corporation who is making

home improvements within the person's scope of employment at the residential or noncommercial

property that is owned or leased by the community association or cooperative

corporation;

6. Any public utility as defined under N.J.S.A. 48:2-13;

7. Any person licensed as a home financing agency, a home repair contractor or a home repair

salesman pursuant to N.J.S.A. 17:16C-77, provided that the person is acting within the

scope of such license; and

8. Any home improvement retailer with a net worth of more than $50,000,000 or any employee

of such home improvement retailer who is making or selling such home improvements

within the person's scope of employment of the home improvement retailer.

§ 13:45A-17.5 Initial and renewal applications

(a) Each home improvement contractor required to be registered under this subchapter shall initially

register with the Division by submitting the following on forms provided by the Director:

1. The name and street address of each place of business of the home improvement contractor

and any fictitious or trade name to be used by the home improvement contractor;

2. The type of business organization;

3. The name, residence and business street address of each officer, director, principal and person

with an ownership interest of 10 percent or more in the home improvement contractor

business, including the percentage of ownership held;

4. The name and number of any professional or occupational license, certificate or registration

issued by this State or any other governmental entity to any officer, director, principal or

person with an ownership interest of 10 percent or more in the home improvement contractor

business;

5. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has been adjudged liable

in an administrative or civil action involving any of the situations in (a)5i through vi below.

For the purposes of this paragraph, a judgment of liability in an administrative or civil action

shall include, but not be limited to, any finding or admission that the entity, officer, director,

principal or person with an ownership interest of 10 percent or more in the home improvement

contractor business engaged in an unlawful practice or practices related to any of the

named situations in (a)5i through vi below regardless of whether that finding was made in

the context of an injunction, a proceeding resulting in the denial, suspension or revocation

of a license, certification or registration, consented to in an assurance of voluntary compliance

or any similar order or legal agreement with any State or Federal agency. As described

above, this paragraph covers the following situations:

i. Obtained any registration, certification or license by fraud, deception or misrepresentation;

ii. Engaged in the use or employment of dishonesty, fraud, deception, misrepresentation,

false promise or false pretense;

iii. Engaged in gross negligence, gross malpractice or gross incompetence;

iv. Engaged in acts of negligence, malpractice or incompetence involving selling or making a

home improvement; and

v. Engaged in professional or occupational misconduct;

6. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has been convicted of

any crime involving moral turpitude or any crime relating adversely to selling or making

home improvements. 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. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has had their authority to

engage in the activity regulated by the Director revoked or suspended by any other state,

agency or authority;

8. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has violated or failed to

comply with the provisions of any act, regulation or order administered or issued by the Director;

9. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business believes they are unable

to meet the requirements of the Contractors' Registration Act, N.J.S.A. 56:8-136 et seq. or

rule in this subchapter for medical or any other good cause to the detriment of the public's

health, safety and welfare; and

10. The name and street address of an agent in the State of New Jersey for service of process.

(b) In addition to the information required in (a) above, the applicant shall include the following

with the initial application:

1. A properly completed disclosure statement that complies with the requirements of N.J.A.C.

13:45A-17.6;

2. Proof of the home improvement contractor's commercial general liability insurance policy in

a minimum amount of $500,000 per occurrence that complies with the requirements of

N.J.A.C. 13:45A-17.12; and

3. The initial registration fee in the amount specified in N.J.A.C. 13:45A-17.14.

(c) A registered home improvement contractor shall include the following with the annual renewal

application:

1. A completed renewal application that will be on a form specified by the Director;

2. Proof of the home improvement contractor's commercial general liability insurance policy in

a minimum amount of $500,000 per occurrence that complies with the requirements of

N.J.A.C. 13:45A-17.12;

3. The renewal registration fee in the amount specified in N.J.A.C. 13:45A-17.14; and

4. If the completed renewal application is received by the Division after the renewal application's

due date as specified on the renewal application, the late fee in the amount specified

in N.J.A.C. 13:45A-17.14.

§ 13:45A-17.6 Disclosure statement

(a) Each applicant shall file a disclosure statement with the Director stating whether it or any of its

officers, directors, principals or persons with an ownership interest of 10 percent or more in the

home improvement contractor business has been convicted of any violations 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.A. 2C:5-1 or 2C:5-2 (conspiracy), N.J.S.A.

2C:11-2 (criminal homicide), N.J.S.A. 2C:11-3 (murder), N.J.S.A. 2C:11-4 (manslaughter),

N.J.S.A. 2C:12-1 (assault), N.J.S.A. 2C:12-3 (terroristic threats), N.J.S.A. 2C:13-1 (kidnapping),

N.J.S.A. 2C:14-2 (sexual assault), subsection a. or b. of N.J.S.A. 2C:17-1 (arson and

related offenses), subsection a. or b. of N.J.S.A. 2C:17-2 (causing or risking widespread injury

or damage), N.J.S.A. 2C:15-1 (robbery), N.J.S.A. 2C:18-2 (burglary), N.J.S.A. 2C:20-4

(theft by deception), N.J.S.A. 2C:20-5 (theft by extortion), N.J.S.A. 2C:20-7 (receiving stolen

property), N.J.S.A. 2C:20-9 (theft by failure to make required disposition of property received),

N.J.S.A. 2C:21-2 (criminal simulation), N.J.S.A. 2C:21-2.1 (fraud relating to

driver's license or other document issued by governmental agency to verify identity or age;

simulation), N.J.S.A. 2C:21-2.3 (fraud relating to motor vehicle insurance identification

card; production or sale), N.J.S.A. 2C:21-3 (frauds relating to public records and recordable

instruments), N.J.S.A. 2C:21-4 (falsifying or tampering with records), N.J.S.A. 2C:21-6

(fraud relating to credit cards), N.J.S.A. 2C:21-7 (deceptive business practices), N.J.S.A.

2C:21-12 (defrauding secured creditors), N.J.S.A. 2C:21-14 (receiving deposits in a failing

financial institution), N.J.S.A. 2C:21-15 (misapplication of entrusted property and property

of government of financial institution), N.J.S.A. 2C:21-19 (wrongful credit practices and related

offenses), N.J.S.A. 2C:27-2 (bribery in official and political matters), N.J.S.A. 2C:27-3

(threats and other improper influence in official and political matters), N.J.S.A. 2C:27-5 (retaliation

for past official action), N.J.S.A. 2C:27-9 (public servant transacting business with

certain persons), N.J.S.A. 2C:27-10 (acceptance or receipt of unlawful benefit by public servant

for official behavior), N.J.S.A. 2C:27-11 (offer of unlawful benefit by public servant for

official behavior), N.J.S.A. 2C:28-1 (perjury), N.J.S.A. 2C:28-2 (false swearing), N.J.S.A.

2C:28-3 (unsworn falsification to authorities), N.J.S.A. 2C:28-4 (false reports to law enforcement

officials), N.J.S.A. 2C:28-5 (tampering with witnesses and informants; retaliation

against them), N.J.S.A. 2C:28-6 (tampering with or fabricating physical evidence), N.J.S.A.

2C:28-7 (tampering with public records or information), N.J.S.A. 2C:28-8 (impersonating a

public servant or law enforcement officer), N.J.S.A. 2C:30-2 (official misconduct), N.J.S.A.

2C:30-3 (speculating or wagering on official action or information), N.J.S.A. 2C:35-5

(manufacturing, distributing or dispensing a controlled dangerous substance), N.J.S.A.

2C:35-10 (possession, use or being under the influence or failure to make lawful disposition

of a controlled dangerous substance), N.J.S.A. 2C:37-2 (promoting gambling), N.J.S.A.

2C:37-3 (possession of gambling records), or N.J.S.A. 2C:37-4 (maintenance of a gambling

resort).

§ 13:45A-17.7 Duty to update information

(a) Whenever any information required to be included in the application changes, or if additional

information should be added after the filing of the application, the applicant or registered home improvement

contractor, as appropriate, shall provide that information to the Director, in writing,

within 20 calendar days of the change or addition. Whenever any other information filed with the

Director pursuant to the Contractors' Registration Act, N.J.S.A. 56:8-136 et seq., or this subchapter

has changed, the applicant or registered home improvement contractor, as appropriate, shall

provide that information to the Director, in writing, within 20 calendar days of the change or addition.

(b) Whenever any 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 or registered

home improvement contractor, as appropriate, shall provide that information to the Director, in

writing, within 30 calendar days of the change or addition.

§ 13:45A-17.8 Requirement to cooperate

Home improvement contractor applicants seeking to register with the Division and registered home

improvement contractors shall have the continuing duty to provide any assistance or information;

to produce any records requested by the Director; and to cooperate in any inquiry, investigation or

hearing conducted by the Director.

§ 13:45A-17.9 Refusal to issue, suspension or revocation of registration; hearing; other

sanctions

(a) The Director may refuse to issue or renew, or may suspend or revoke any registration issued

by the Division upon proof that an applicant or registrant or any of its officers, directors, principals

or persons with an ownership interest of 10 percent or more in the home improvement contractor

business:

1. Has obtained any registration, certification or license by 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 involving selling

or making a home improvement;

5. Has engaged in professional or occupational misconduct;

6. Has been adjudged liable in an administrative or civil action involving any finding or admission

which would provide a basis for discipline pursuant to (a)1 through 5 above regardless

of whether that finding was made in the context of an injunction, a proceeding resulting in

the denial, suspension or revocation of a license, certification or registration, consented to

in an assurance of voluntary compliance or any similar order or legal agreement with any

State or Federal agency;

7. Has been convicted of any crime involving moral turpitude or any crime relating adversely

to selling or making home improvements. 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;

8. Has had his or her 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;

9. Has violated or failed to comply with N.J.S.A. 56:8-136 et seq. or any provision of this subchapter

or the provisions of any act, regulation or order administered or issued by the Director;

or

10. Is unable to meet the requirements of the Contractors' Registration Act, N.J.S.A. 56:8-136

et seq., or rule in this subchapter for medical or any other good cause to the detriment of

the public's health, safety and welfare.

(b) Information contained in the application required pursuant to N.J.A.C. 13:45A-17.5 and information

contained in the disclosure statement required to be filed pursuant to N.J.A.C. 13:45A-17.6

may be used by the Director as grounds for denying, suspending or revoking a registration. An applicant

whose registration is denied or a home improvement contractor whose registration is suspended

or revoked based upon information contained in the application or disclosure statement or

any amendments thereto shall be afforded an opportunity to be heard pursuant to the Administrative

Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules,

N.J.A.C. 1:1, upon written request to the Director within 30 days of the notice of denial, suspension

or revocation which shall contain the basis for such action. In any matter in which the provisions of

the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-1 et seq., apply, the Director shall

comply with the requirements of that Act.

(c) Except as provided in (b) above, prior to refusing to issue or renew or suspending or revoking a

home improvement contractor registration or assessing a penalty, the Director shall notify the applicant

or registrant and provide an opportunity to be heard.

(d) In addition to assessing a monetary penalty for any violation of this subchapter, the Director

may revoke a registration or suspend the registration for a period of time dependent upon the seriousness

of the violation.

(e) Nothing contained in this subchapter shall limit the Director from imposing any additional fees,

fines, penalties, restitution or any other sanctions as permitted under the Consumer Fraud Act,

N.J.S.A. 56:8-1 et seq.

§ 13:45A-17.10 Reinstatement of suspended registration

A registration that is suspended by the Director may be reinstated upon the contractor satisfying

the conditions for reinstatement as determined by the Director and paying all outstanding fees,

fines, penalties and restitution, including the payment of the reinstatement fee specified in N.J.A.C.

13:45A-17.14.

§ 13:45A-17.11 Ownership and use of registration number; replacement and duplicate

certificates

(a) Each registration number and certificate containing such registration number issued by the Director

to a home improvement contractor remain the property of the State of New Jersey. If the

Director suspends, fails to renew, or revokes a registration, the home improvement contractor shall

immediately return all registration certificates to the Director and shall remove the registration

number from all vehicles, advertising and anything else on which the registration number is displayed

or otherwise communicated.

(b) The Director shall issue a replacement certificate upon payment of the replacement certificate

fee as set forth in N.J.A.C. 13:45A-17.14 and receipt by the Director of an affidavit or certified

statement attesting that the original was either lost, destroyed, mutilated or is otherwise no longer

in the custody of and cannot be recovered by the certificate holder.

(c) The Director shall issue a duplicate certificate to a registered contractor upon payment of the

duplicate certificate fee as set forth in N.J.A.C. 13:45A-17.14 and receipt by the Director of an affidavit

or certified statement that the registered contractor has multiple places of business in which

the contractor must display a certificate. A registered contractor may not possess more registration

certificates than the number of places of business utilized by the contractor.

(d) A registered home improvement contractor shall prominently display:

1. The original registration certificate or a duplicate registration certificate issued by the Division

at each place of business; and

2. The contractor's registration number on 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 a registrant and used by the registrant for the purpose of providing home improvements,

except for vehicles leased or rented by a registrant to a customer of that registrant.

(e) Any invoice, contract or correspondence given by a registrant to a consumer shall prominently

contain the toll-free telephone number provided by the Division pursuant to (b) of N.J.S.A. 56:8-

§ 13:45A-17.12 Mandatory commercial general liability insurance

(a) On or after December 31, 2005 every registered home improvement contractor shall secure

and maintain in full force and effect during the entire term of registration a commercial general liability

insurance policy and shall file with the Director proof that such insurance is in full force and

effect.

(b) The insurance policy required to be filed with the Director shall be a commercial general liability

insurance policy, occurrence form, and shall provide a minimum coverage in the amount of

$500,000 per occurrence. On or after December 31 2005, every registered contractor engaged in

home improvements whose commercial general liability insurance policy is canceled or nonrenewed

shall submit to the director a copy of the certificate of commercial general liability insurance for a

new or replacement policy which meets the requirements of (a) above before the former policy is

no longer effective.

(c) The proof of insurance required by (a) above shall be a certificate provided by the insurer containing

the insured's name, business street address, policy number, term of the insurance, and information

assuring that the policy conforms with (b) above.

(d) A home improvement contractor who either does not renew or otherwise changes the contractor's

commercial general liability policy shall submit a copy of the certificate of commercial general

liability insurance for the new policy before the former policy is no longer effective.

§ 13:45A-17.13 Requirements of certain home improvement contracts

In addition to the requirements of a home improvement contract pursuant to N.J.A.C. 13:45A-16.2,

every home improvement contract in which a person required to be registered as a home improvement

contractor is a party shall comply with the provisions of N.J.S.A. 56:8-151.

§ 13:45A-17.14 Fees

(a) The Division shall charge the following non-refundable home improvement contractor registration

fees:

1. Initial registration fee $90.00;

2. Renewal registration fee $75.00;

3. Late fee $25.00;

4. Reinstatement fee $50.00;

5. Replacement or duplicate certificate fee $20.00.

 

 

New Jersey Home Repair Laws Frequently Asked Questions

 

What Are New Jersey Home Repair Laws?

To protect consumers from being victimized by New Jersey home repair contractors, the New Jersey legislature passed laws that regulate New Jersey home repairs.  This article discusses certain New Jersey Home Repair Laws and New Jersey Home Repair Regulations.  Knowing your rights under certain New Jersey Home Repair Laws and New Jersey Home Repair Regulations may be of great help when hiring a New Jersey home repair contractor.

 

What are New Jersey Home Repair Regulations?

To protect consumers from being victimized by New Jersey home repair contractors, the New Jersey Division of Consumer Affairs adopted regulations that regulate New Jersey home repairs.

 

New Jersey Home Repair Laws Frequently Asked Questions 1 - What New Jersey Home Repair Laws And New Jersey Home Repair Regulations Apply To New Jersey Home Repair Contractors And New Jersey Home Improvement Contractors?

  • The New Jersey Consumer Fraud Act regulates home repair contracts with New Jersey home repair regulations and New Jersey home repair laws, as follows:  (1) New Jersey Contractor Registration Act; (2) New Jersey Contractor Registration Regulations; & (3) New Jersey Home Improvement Practices Regulations.

 

New Jersey Home Repair Laws Frequently Asked Questions 2 - What Type Of New Jersey Home Repair Services And New Jersey Home Improvement Services Are Covered By The New Jersey Home Repair Laws And New Jersey Home Repair Regulations?

  • landscaping services.

  • cleaning & restoration services, such as fire or flood mitigation work.

  • manager of real estate investment & management companies who: (1) located properties for companies to purchase; (2) oversaw renovations; (3) hired subcontractors; & (4) managed the company’s rental properties.

  • contractor other than home builder in direct privity with homeowner.

  • contractor claiming homeowners acted as their own general contractor, when the contractor: (1) prepared the contract between the parties; (2) agreed to perform home improvements at the homeowners’ residence; (3) was listed as “Contractor” & indicated that contractor would “furnish all materials & necessary equipment & perform all labor necessary to complete the ... work;” & (4) “precluded ‘any alteration or deviation from the plans & specification’ without written orders for same.”

  • unoccupied property having both residential & commercial uses.

  • Homeowner contracting directly with building contractor to perform a home improvement, without engaging the services of a general contractor.

 

New Jersey Home Repair Laws Frequently Asked Questions 3 - What Are Some Of The Mandatory Requirements For New Jersey Home Repair Contracts And New Jersey Home Improvement Contracts?

  • Secure, maintain & file with the New Jersey Division of Consumer Affairs proof of a certificate of commercial general liability insurance in a minimum amount of $500,000.00 per occurrence.

  • prominently display their registration numbers in various locations & in various materials, including in contracts.

  • Use/issue documents prominently containing the New Jersey Division of Consumer Affairs toll-free telephone number for consumers making inquiries regarding contractors.

  • For every home improvement contract for a purchase price in excess of $500, & all changes in the terms & conditions of the contract, use written contracts containing the mandatory disclosure requirements of the New Jersey Contractors’ Registration Act and New Jersey Home Improvement Practices Regulations, including the notice of the consumer’s right to cancel.

 

New Jersey Home Repair Laws Frequently Asked Questions 4 – Does The Customer Have The Right To Cancel A New Jersey Home Improvement Contract And A New Jersey Home Repair Contract?

  • On or after December 31, 2005, the consumer may cancel a home improvement contract for any reason at any time before midnight of the third business day after the consumer receives a copy of it.

  • To cancel a contract, the consumer shall notify the contractor of the cancellation in writing, by registered or certified mail, return receipt requested or by personal delivery, to the address specified in the contract.

  • Within 30 days of receiving the cancellation, the contractor must make a full refund of all moneys paid pursuant to the cancelled contract.

  • If the consumer executed any credit or loan agreement through the contractor to pay all or part of the contract, the agreement or note shall be cancelled without penalty to the consumer & written notice of that cancellation shall be mailed to the consumer within 30 days of receipt of the notice of cancellation.

 

New Jersey Home Repair Laws Frequently Asked Questions 5 - What Remedies Are Available To New Jersey Home Repair Fraud Victims?

  • Cancellation of fraudulent debts.
  • Treble damages for ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
  • Attorney’s fee award for prosecuting the New Jersey Consumer Fraud Act Violation or defending against lawsuits by contractors to collect a fraudulent debt.
  • Refund of money lost due to the contractor’s New Jersey Consumer Fraud Act Violation.

 

Does The Law Office Of Paul Depetris Have Experience Handling New Jersey Cases?

Yes.  Paul DePetris has performed the following tasks:

·     handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.

·     provided New Jersey pro se parties with New Jersey legal advice and prepared New Jersey legal forms

·     prepared and filed many New Jersey

·     complaints

·     tried New Jersey jury trials

·     mediated many New Jersey cases

·     argued New Jersey motions

·     handled New Jersey proof hearings

·     handled New Jersey post judgment collection proceedings

 

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

Atlantic County

Bergen County

Burlington County

Camden County

Cape May County

Cumberland County

Essex County Special

Gloucester County

Hudson County

Mercer County

Middlesex County

Monmouth County

Morris County

Ocean County

Passaic County

Salem County

Somerset County

Sussex County

Union County

Warren County

 

In What New Jersey Counties Will The Law Office Of Paul DePetris Handle New Jersey Cases?

The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:

Atlantic County Law Division

Bergen County Law Division

Burlington County Law Division

Camden County Law Division

Cape May County Law Division

Cumberland County Law Division

Essex County Law Division

Gloucester County Law Division

Hudson County Law Division

Hunterdon County Law Division

Mercer County Law Division

Middlesex County Law Division

Monmouth County Law Division

Morris County Law Division

Ocean County Law Division

Passaic County Law Division

Salem County Law Division

Somerset County Law Division

Sussex County Law Division

Union County Law Division

Warren County Law Division

 

 

 

What If I Don’t Have Enough Money To Hire An Attorney To Handle My New Jersey Case From Beginning To End?

In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case.  For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or write an email to Mr. DePetris at paul@newjerseylemon.com.  

 

Disclaimer

The Law Office of Paul DePetris does not guarantee or warrant or assume responsibility for the accuracy or completeness of the information contained on this website. This site shall not be used or relied upon by any person as a substitute for competent legal advice by an attorney admitted to practice law in the appropriate jurisdiction, to information contained in federal or state statute books of official reporters or the interpretation of such statutes by courts of competent jurisdictions.  

 

The information in this website is provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or noninfringement of third party rights.  The Law Office of Paul DePetris shall not be liable to any person for any special, indirect or consequential damages relating to this material.

 

NEW JERSEY HOME REPAIR LAWS

 

56:8-152. Rules, regulations. 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.

 

56:8-153. Definitions relative to unsolicited credit cards, checks. As used in this act:

 

"Check" means a demand draft drawn on or payable through an office of a depository institution located in the United States that has imprinted on it the account holder's name and the depository institution's name, location and routing number.

 

"Credit card" means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain credit.

 

"Unsolicited check" means any check mailed or otherwise delivered to a person for the purpose of drawing on an existing account that is an extension of credit or activating an account to obtain credit other than:

 

(1) in response to a request or application for a check or account; or

 

(2) as a substitute for a check or account previously issued to the person to whom the check is mailed or otherwise delivered.

 

"Unsolicited credit card" means any credit card mailed or otherwise delivered to a person other than:

 

(1) in response to a request or application for a credit card; or

 

(2) as a renewal or substitute for a credit card previously issued to the person to whom the credit card is mailed or otherwise delivered.

 

56:8-154. Delivery of unsolicited credit card, unlawful practice. It shall be an unlawful practice for any person to mail or otherwise deliver an unsolicited credit card to a person in this State.

 

56:8-155. Unsolicited credit card, unaccepted, immunity from liability for use. No person in whose name an unsolicited credit card is issued shall be liable for any amount resulting from use of that card, from which that person or a member of that person's family or household derives no benefit, unless the person has accepted the card by activating the card or using the card, or by authorizing use of the card by another person. Failure to destroy or return an unsolicited credit card shall not constitute acceptance of the card.

 

56:8-156. Unsolicited check, unaccepted, immunity from liability for use. No person in whose name an unsolicited check is issued shall be liable for any amount resulting from use of that check or account, unless the person who is the holder of the account upon which the check is to be drawn, or who is the payee on the check, as the case may be, has accepted the check or account by using the check or account. Failure to destroy or return an unsolicited check shall not constitute acceptance of the check or account.

 

56:8-157. Definitions relative to certain unsolicited advertisements over telephone lines. As used in this act:

"Existing business relationship" means a relationship formed by a voluntary two-way communication between a person or entity and a residential or business subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase, membership or transaction by the residential or business subscriber regarding products or services offered by such person or entity.

 

"Nonprofit organization" means a nonprofit organization that is exempt from federal taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code (26 U.S.C. s. 501(c)(3)) or section 501(c)(6) of the federal Internal Revenue Code (26 U.S.C. s.501(c)(6)).

 

"Telephone facsimile machine" means equipment which has the capacity to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line or to transcribe text or images, or both, from an electronic signal received over a regular telephone line onto paper.

 

"Unsolicited advertisement" means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission.

 

56:8-158. Sending unsolicited advertisement to telephone facsimile machine prohibited, exceptions. a. A person within this State shall not use any telephone facsimile machine, computer or other device to send an unsolicited advertisement to a telephone facsimile machine within this State. This subsection shall not be construed to cover the actions of an internet service provider or telecommunications service provider in the transmission, routing, relaying, handling, or storing of the facsimile through an automatic technical process.

 

b. Subsection a. of this section shall not apply where there is an existing business relationship between the sender of the unsolicited advertisement and the residential or business subscriber or where a member of a nonprofit organization including, but not limited to, professional or trade associations, sends an unsolicited advertisement to a member of the same organization, directly and not through a centralized facsimile database or facsimile number list maintained by the organization, provided that such unsolicited advertisement, whether sent pursuant to an existing business relationship between the sender and the residential or business subscriber or whether sent from one member of a nonprofit organization to another member of the same organization, shall provide clear and conspicuous notice on the first page of the unsolicited advertisement. Such notice shall include:

 

(1) disclosure to the recipient that the recipient may request the sender of the unsolicited advertisement not to send any future unsolicited advertisements to the recipient's telephone facsimile machine; and

 

(2) the domestic address and facsimile machine number for the recipient to transmit such a request to the sender.

 

c. A request not to send future unsolicited advertisements to a telephone facsimile machine shall:

 

(1) identify the telephone number of the telephone facsimile machine to which the request relates;

 

(2) be made to the sender's domestic address or the facsimile machine number of the sender provided in the notice to the recipient; and

 

(3) be sent in written form to the sender's domestic address or sent by return facsimile transmission to the sender's facsimile machine number, in order to be effective.

 

Such request is effective unless subsequently the person making the request provides express invitation or permission to the sender, in written form or by facsimile transmission, to send future unsolicited advertisements to such person at such telephone facsimile machine.

 

d. Failure to honor a valid request, in written form or by facsimile transmission, not to send future unsolicited advertisements pursuant to subsections c. through g. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

e. Nonprofit organizations, including but not limited to, professional or trade associations, shall be exempt from subsection a. of this section and shall be allowed to send unsolicited advertisements to their new and existing members in furtherance of the organization's purpose, without penalty, provided that the organization provides to each of its prospective new members at the time of membership application or to each of its existing members at the time of membership renewal, as the case may be, clear and conspicuous notice of:

 

(1) the member's right to request the organization not to send any future unsolicited advertisements to the member's telephone facsimile machine;

 

(2) the organization's domestic address and facsimile machine number to which its members may transmit such a request to the organization; and

 

(3) the requirement that any such request to the organization shall be sent in written form to the organization's domestic address or sent by return facsimile transmission to the organization's facsimile number, in order to be effective.

 

A request by a member to a nonprofit organization not to send future unsolicited advertisements to a member's telephone facsimile machine shall comply with the requirements of this subsection and with the requirements of subsection c. of this section, as applicable. Failure of a nonprofit organization to honor a valid request, in written form or by facsimile transmission, from a member not to send future unsolicited advertisements pursuant to the requirements of this subsection and the requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

f. Members of nonprofit organizations, including but not limited to, professional or trade associations, who send unsolicited advertisements to the telephone facsimile machines of other members of the same organization by initially sending such advertisements to a centralized facsimile database or facsimile number list maintained by the organization for the purpose of distributing such advertisements to its membership shall be exempt from subsection a. of this section and shall be allowed to send such unsolicited advertisements through such centralized facsimile database or facsimile number list to other members of the same organization, without penalty, provided that the organization provides to each of its prospective new members at the time of membership application or to each of its existing members at the time of membership renewal, as the case may be, clear and conspicuous notice of:

 

(1) the member's right to request that the organization not send any future unsolicited advertisements from one or more other members of the same organization through such centralized facsimile database or facsimile number list to the member's telephone facsimile machine;

 

(2) the organization's domestic address and facsimile machine number to which its members may transmit such a request to the organization; and

 

(3) the requirement that any such request to the organization shall be sent in written form to the organization's domestic address or sent by return facsimile transmission to the organization's facsimile number, in order to be effective.

 

A request by a member to a nonprofit organization that the organization not send any future unsolicited advertisements from one or more other members of the same organization through such centralized facsimile database or facsimile number list to a member's telephone facsimile machine shall comply with the requirements of this subsection and with the requirements of subsection c. of this section, as applicable. Failure of the nonprofit organization to honor a valid request, in written form or by facsimile transmission, from a member of the same organization not to send any future unsolicited advertisements from one or more other members through such centralized facsimile database or facsimile number list pursuant to the requirements of this subsection and the requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

g. Nonprofit organizations, including but not limited to, professional or trade associations, shall be exempt from subsection a. of this section and shall be allowed to send unsolicited advertisements to the telephone facsimile machine of any person, other than a new or existing member of the sending organization, within this State, without penalty, provided that such advertisements are intended to give the person notice of an event that is in furtherance of the organization's purpose, and further provided that, any such unsolicited advertisements to the person's telephone facsimile machine shall provide clear and conspicuous notice on the first page of the unsolicited advertisement. Such notice shall include:

 

(1) disclosure to the person that the person may request the organization not to send any such future unsolicited advertisements to the person's telephone facsimile machine;

 

(2) the domestic address and facsimile machine number for the person to transmit such a request to the organization; and

 

(3) the requirement that any such request to the organization shall be sent in written form to the organization's domestic address or sent by return facsimile transmission to the organization's facsimile number, in order to be effective.

 

A request by a person to a nonprofit organization that the organization not send future unsolicited advertisements to the person's telephone facsimile machine shall comply with the requirements of this subsection and with the requirements of subsection c. of this section, as applicable. Failure of a nonprofit organization to honor a valid request, in written form or by facsimile transmission, from a person not to send future unsolicited advertisements pursuant to the requirements of this subsection and the requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).

 

56:8-159. Action by aggrieved person. a. Any person aggrieved by a violation of this act may bring an action in the Superior Court in the county where the transmission was sent or was received, or in which the plaintiff resides, for damages or to enjoin further violations of this act.

 

b. The court shall proceed in a summary manner and shall, in the event the plaintiff establishes a violation of this act, enter a judgment for the actual damages sustained, or $500 for each violation, whichever amount is greater, together with costs of suit and reasonable attorney's fees.

 

c. If the plaintiff establishes that the sender was notified by return facsimile or written means of communication to cease and desist transmission of such unsolicited advertisements, the court shall enter a judgment, on account of each subsequent transmission, for actual damages or $1,000 for each transmission, whichever amount is greater, together with costs of suit and reasonable attorney's fees, not to exceed $1,000.

 

56:8-160. Violation constitutes unlawful practice. A violation of this act shall constitute an unlawful practice pursuant to P.L. 1960, c. 39 (C.56:8-1 et seq.) and shall be subject to all remedies and penalties available pursuant to P.L 1960, c. 39 (C. 56:8-1 et seq.), in addition to the remedies provided to an aggrieved person by section 3 of this act.

The Law Office of Paul DePetris does not guarantee that the statutes or codes on this website are the latest versions of the statutes or codes, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.  The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated.  Accordingly, this database may include laws that:  (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.  Further, effective dates of the laws are not necessarily included in the database.  Accordingly, you should not rely upon the laws contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. 

 

NEW JERSEY HOME REPAIR REGULATIONS

 

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 45A. ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS

SUBCHAPTER 16. HOME IMPROVEMENT PRACTICES

§ 13:45A-16.1 Purpose and scope

(a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer

Fraud Act, N.J.S.A. 56:8-1 et seq., by providing procedures for the regulation and content of home

improvement contracts and establishing standards to facilitate enforcement of the requirements of

the Act.

(b) The rules in this subchapter shall apply to all sellers as defined in N.J.A.C. 13:45A-16.1A and to

all home improvement contractors as defined in N.J.A.C. 13:45A-17.2 whether or not they are exempt

from the provisions of N.J.A.C. 13:45A-17.

§ 13:45A-16.1A Definitions

The following words and terms, when used in this subchapter, shall have the following meanings

unless the context indicates otherwise.

"Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring,

moving, demolishing, or modernizing of residential or noncommercial property or the making

of additions thereto, and includes, but is not limited to, the construction, installation, replacement,

improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,

fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement

waterproofing, fire protection devices, security protection devices, central heating and air

conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems,

insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other

changes, repairs, or improvements made in or on, attached to or forming a part of the residential

or noncommercial property, but does not include the construction of a new residence. The term extends

to the conversion of existing commercial structures into residential or noncommercial property

and includes any of the above activities performed under emergency conditions.

"Home improvement contract" means an oral or written agreement between a seller and an

owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or

noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements

made in, to, or upon such property, and includes all agreements under which the seller

is to perform labor or render services for home improvements, or furnish materials in connection

therewith.

"Residential or non-commercial property" means a structure used, in whole or in substantial

part, as a home or place of residence by any natural person, whether or not a single or multi-unit

structure, and that part of the lot or site on which it is situated and which is devoted to the residential

use of the structure, and includes all appurtenant structures.

"Sales representative" means a person employed by or contracting with a seller for the purpose

of selling home improvements.

"Seller" means a person engaged in the business of making or selling home improvements and

includes corporations, partnerships, associations and any other form of business organization or

entity, and their officers, representatives, agents and employees.

§ 13:45A-16.2 Unlawful practices

(a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act,

N.J.S.A. 56:8-1 et seq., utilization by a seller of the following acts and practices involving the sale,

attempted sale, advertisement or performance of home improvements shall be unlawful hereunder.

7

1. Model home representations: Misrepresent or falsely state to a prospective buyer that the

buyer's residential or noncommercial property is to serve as a "model" or "advertising job", or use

any other prospective buyer lure to mislead the buyer into believing that a price reduction or other

compensation will be received by reason of such representations;

2. Product and material representations: Misrepresent directly or by implication that products or

materials to be used in the home improvement:

i. Need no periodic repainting, finishing, maintenance or other service;

ii. Are of a specific or well-known brand name, or are produced by a specific manufacturer

or exclusively distributed by the seller;

iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics

or features;

iv. Perform certain functions or substitute for, or are equal in performance to, other products

or materials;

v. Meet or exceed municipal, state, federal, or other applicable standards or requirements;

vi. Are approved or recommended by any governmental agency, person, firm or organization,

or that they are the users of such products or materials;

vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;

viii. Are or will be custom-built or specially designed for the needs of the buyer; or

ix. May be serviced or repaired within the buyer's immediate trade area, or be maintained

with replacement and repair parts which are readily available.

3. Bait selling:

i. Offer or represent specific products or materials as being for sale, where the purpose or

effect of the offer or representation is not to sell as represented but to bait or entice the

buyer into the purchase of other or higher priced substitute products or materials;

ii. Disparage, degrade or otherwise discourage the purchase of products or materials offered

or represented by the seller as being for sale to induce the buyer to purchase

other or higher priced substitute products or materials;

iii. Refuse to show, demonstrate or sell products or materials as advertised, offered, or represented

as being for sale;

iv. Substitute products or materials for those specified in the home improvement contract,

or otherwise represented or sold for use in the making of home improvements by sample,

illustration or model, without the knowledge or consent of the buyer;

v. Fail to have available a quantity of the advertised product sufficient to meet reasonably

anticipated demands; or

vi. Misrepresent that certain products or materials are unavailable or that there will be a

long delay in their manufacture, delivery, service or installation in order to induce a

buyer to purchase other or higher priced substitute products or materials from the seller.

4. Identity of seller:

i. Deceptively gain entry into the prospective buyer's home or onto the buyer's property

under the guise of any governmental or public utility inspection, or otherwise misrepresent

that the seller has any official right, duty or authority to conduct an inspection;

ii. Misrepresent that the seller is an employee, office or representative of a manufacturer,

importer or any other person, firm or organization, or a member of any trade associa-

8

tion, or that such person, firm or organization will assume some obligation in fulfilling

the terms of the contract;

iii. Misrepresent the status, authority or position of the sales representative in the organization

he represents;

iv. Misrepresent that the sales representative is an employee or representative of or works

exclusively for a particular seller; or

v. Misrepresent that the seller is part of any governmental or public agency in any printed

or oral communication including but not limited to leaflets, tracts or other printed material,

or that any licensing denotes approval by the governmental agency.

5. Gift offers:

i. Offer or advertise any gift, free item or bonus without fully disclosing the terms or conditions

of the offer, including expiration date of the offer and when the gift, free item or

bonus will be given; or

ii. Fail to comply with the terms of such offer.

6. Price and financing:

i. Misrepresent to a prospective buyer that an introductory, confidential, close-out, going

out of business, factory, wholesale, or any other special price or discount is being given,

or that any other concession is made because of a market survey or test, use of materials

left over from another job, or any other reason;

ii. Misrepresent that any person, firm or organization, whether or not connected with the

seller, is especially interested in seeing that the prospective buyer gets a bargain, special

price, discount or any other benefit or concession;

iii. Misrepresent or mislead the prospective buyer into believing that insurance or some

other form of protection will be furnished to relieve the buyer from obligations under the

contract if the buyer becomes ill, dies or is unable to make payments;

iv. Misrepresent or mislead the buyer into believing that no obligation will be incurred because

of the signing of any document, or that the buyer will be relieved of some or all

obligations under the contract by the signing of any documents;

v. Request the buyer to sign a certificate of completion, or make final payment on the contract

before the home improvement is completed in accordance with the terms of the

contract;

vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery

or installation, or that other requirements must be fulfilled by the buyer as a condition

to the performance of labor, services, or the furnishing of products or materials at

the offered or contract price;

vii. Mislead the prospective buyer into believing that the down payment or any other sum

constitutes the full amount the buyer will be obligated to pay;

viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing

charges, interest service charges, credit investigation costs, building or installation

permit fees, or other obligations, charges, cost or fees to be paid by the buyer;

ix. Advise or induce the buyer to inflate the value of the buyer's property or assets, or to

misrepresent or falsify the buyer's true financial position in order to obtain credit; or

x. Increase or falsify the contract price, or induce the buyer by any means to misrepresent

or falsify the contract price or value of the home improvement for financing purposes or

to obtain additional credit.

9

7. Performance:

i. Deliver materials, begin work, or use any similar tactic to unduly pressure the buyer into

a home improvement contract, or make any claim or assertion that a binding contract

has been agreed upon where no final agreement or understanding exists;

ii. Fail to begin or complete work on the date or within the time period specified in the

home improvement contract, or as otherwise represented, unless the delay is for reason

of labor stoppage; unavailability of supplies or materials, unavoidable casualties, or any

other cause beyond the seller's control. Any changes in the dates or time periods stated

in a written contract shall be agreed to in writing; or

iii. Fail to give timely written notice to the buyer of reasons beyond the seller's control for

any delay in performance, and when the work will begin or be completed.

8. Competitors:

i. Misrepresent that the work of a competitor was performed by the seller;

ii. Misrepresent that the seller's products, materials or workmanship are equal to or better

than those of a competitor; or

iii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.

9. Sales representations:

i. Misrepresent or mislead the buyer into believing that a purchase will aid or help some

public, charitable, religious, welfare or veterans' organization, or misrepresent the extent

of such aid or assistance;

ii. Knowingly fail to make any material statement of fact, qualification or explanation if the

omission of such statement, qualification or explanation causes an advertisement, announcement,

statement or representation to be false, deceptive or misleading; or

iii. Misrepresent that the customer's present equipment, material, product, home or a part

thereof is dangerous or defective, or in need of repair or replacement.

10. Building permits:

i. No seller contracting for the making of home improvements shall commence work until

he is sure that all applicable state or local building and construction permits have been

issued as required under state laws or local ordinances; or

ii. Where midpoint or final inspections are required under state laws or local ordinances,

copies of inspection certificates shall be furnished to the buyer by the seller when construction

is completed and before final payment is due or the signing of a completion slip

is requested of the buyer.

11. Guarantees or warranties:

i. The seller shall furnish the buyer a written copy of all guarantees or warranties made

with respect to labor services, products or materials furnished in connection with home

improvements. Such guarantees or warranties shall be specific, clear and definite and

shall include any exclusions or limitations as to their scope or duration. Copies of all

guarantees or warranties shall be furnished to the buyer at the time the seller presents

his bid as well as at the time of execution of the contract, except that separate guarantees

or warranties of the manufacturer of products or materials may be furnished at the

time such products or materials are installed.

12. Home improvement contract requirements--writing requirement: All home improvement contracts

for a purchase price in excess of $500.00, and all changes in the terms and conditions

10

thereof shall be in writing. Home improvement contracts which are required by this subsection to

be in writing, and all changes in the terms and conditions thereof, shall be signed by all parties

thereto, and shall clearly and accurately set forth in legible form and in understandable language

all terms and conditions of the contract, including, but not limited to, the following:

i. The legal name and business address of the seller, including the legal name and business

address of the sales representative or agent who solicited or negotiated the contract

for the seller;

ii. A description of the work to be done and the principal products and materials to be used

or installed in performance of the contract. The description shall include, where applicable,

the name, make, size, capacity, model, and model year of principal products or fixtures

to be installed, and the type, grade, quality, size or quantity of principal building or

construction materials to be used. Where specific representations are made that certain

types of products or materials will be used, or the buyer has specified that certain types

of products are to be used, a description of such products or materials shall be clearly

set forth in the contract;

iii. The total price or other consideration to be paid by the buyer, including all finance

charges. If the contract is one for time and materials, the hourly rate for labor and all

other terms and conditions of the contract affecting price shall be clearly stated;

iv. iv. The dates or time period on or within which the work is to begin and be completed by

the seller;

v. A description of any mortgage or security interest to be taken in connection with the financing

or sale of the home improvement; and

vi. A statement of any guarantee or warranty with respect to any products, materials, labor

or services made by the seller.

13. Disclosures and obligations concerning preservation of buyers' claims and defenses:

i. If a person other than the seller is to act as the general contractor or assume responsibility

for performance of the contract, the name and address of such person shall be disclosed

in the oral or written contract, except as otherwise agreed, and the contract shall

not be sold or assigned without the written consent of the buyer;

ii. ii. No home improvement contract shall require or entail the execution of any note,

unless such note shall have conspicuously printed thereon the disclosures required by either

State law (N.J.S.A. 17:16C-64.2 (consumer note)) or Federal law (16 C.F.R. section

433.2) concerning the preservation of buyers' claims and defenses.

 

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 45A. ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS

SUBCHAPTER 17. HOME IMPROVEMENT CONTRACTOR REGISTRATION

§ 13:45A-17.1 Purpose and scope

(a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer

Fraud Act, N.J.S.A. 56:8-1 et seq. as amended by P.L. 2004, c.16 (N.J.S.A. 56:8-136 et seq.) by

providing procedures for the regulation of home improvement contractors and establishing standards

to facilitate enforcement of the requirements of the Act. The rules establish the Division's

registration procedures for those persons who fall under the requirements of this law.

(b) These rules shall apply to home improvement contractors in this State unless otherwise exempt

under N.J.A.C. 13:45A-17.4.

§ 13:45A-17.2 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings,

unless the context clearly indicates otherwise:

"Advertise" means to communicate to the public by means of any print, electronic or any other

media, including, but not limited to, newspapers, magazines, periodicals, journals, circulars, flyers,

business cards, signs, radio, telephone, facsimile machine, television, computer or the Internet.

"Advertise" includes having a person's name in a classified advertisement or directory in this State

under any classification of home improvement as defined in this section but does not include simple

residential alphabetical listings in standard telephone directories.

"Director" means the Director of the Division of Consumer Affairs.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

"Employee" means employee as defined in N.J.A.C. 18:35-7.1.

"Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring,

moving, demolishing, or modernizing of residential or noncommercial property or the making

of additions thereto, and includes, but is not limited to, the construction, installation, replacement,

improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,

fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement

waterproofing, fire protection devices, security protection devices, central heating and air

conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems,

insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other

changes, repairs, or improvements made in or on, attached to or forming a part of the residential

or noncommercial property, but does not include the construction of a new residence. The term extends

to the conversion of existing commercial structures into residential or noncommercial property

and includes any of the above activities performed under emergency conditions.

"Home improvement contract" means an oral or written agreement for the performance of a

home improvement between a contractor and an owner of residential or noncommercial property,

or a contractor and a tenant or lessee of residential or noncommercial property, if the tenant or

lessee is to be obligated for the payment of home improvements made in, to, or upon such property,

and includes all agreements under which the contractor is to perform labor or render services

for home improvements, or furnish materials in connection therewith.

"Home improvement contractor" or "contractor" means a person engaged in the business of

making or selling home improvements and includes corporations, partnerships, associations and

any other form of business organization or entity, and their officers, representatives, agents and

employees.

"Residential or non-commercial property" means a structure used, in whole or in substantial

part, as a home or place of residence by any natural person, whether or not a single or multi-unit

structure, and that part of the lot or site on which it is situated and which is devoted to the residential

use of the structure, and includes all appurtenant structures.

§ 13:45A-17.3 Registration required

(a) On or after December 31, 2005, unless exempt under N.J.A.C. 13:45A-17.4:

1. No person shall engage in the business of making or selling home improvements in this

State unless registered with the Division in accordance with this subchapter; and

2. No person shall advertise indicating that the person is a contractor in this State unless the

person is registered with the Division in accordance with this subchapter.

(b) Unless exempt under N.J.A.C. 13:45A-17.4, contractors hired by other contractors to make or

sell any home improvements shall register with the Division in accordance with this subchapter.

(c) Officers and employees of a registered home improvement contractor shall not be required to

register separately from the registered business entity provided that the officers and employees

sell or make home improvements solely within their respective scopes of performance for that registered

business entity.

(d) Officers and employees of a home improvement contractor that is exempt under N.J.A.C.

13:45A-17.4 shall not be required to register provided that the officers and employees sell or make

home improvements solely within their respective scopes of performance for that exempt business

entity.

§ 13:45A-17.4 Exemptions

(a) The following persons are exempt from the registration requirements of this subchapter:

1. Any person registered pursuant to "the New Home Warranty and Builders' Registration Act,"

P.L. 1977, c.467 (N.J.S.A. 46:3B-1 et seq.), but only in conjunction with the building of a

new home as defined in N.J.A.C. 5:25-1.3;

2. Any person performing a home improvement upon a residential or non-commercial property

owned by that person, or by the person's family;

3. Any person performing a home improvement upon a residential or non-commercial property

owned by a bona fide charity or other non-profit organization;

4. Any person regulated by the State as an architect, professional engineer, landscape architect,

land surveyor, electrical contractor, master plumber, locksmith, burglar alarm business,

fire alarm business, or any other person in any other related profession requiring registration,

certification, or licensure by the State, who is acting within the scope of practice of

that profession;

5. Any person employed by a community association or cooperative corporation who is making

home improvements within the person's scope of employment at the residential or noncommercial

property that is owned or leased by the community association or cooperative

corporation;

6. Any public utility as defined under N.J.S.A. 48:2-13;

7. Any person licensed as a home financing agency, a home repair contractor or a home repair

salesman pursuant to N.J.S.A. 17:16C-77, provided that the person is acting within the

scope of such license; and

8. Any home improvement retailer with a net worth of more than $50,000,000 or any employee

of such home improvement retailer who is making or selling such home improvements

within the person's scope of employment of the home improvement retailer.

§ 13:45A-17.5 Initial and renewal applications

(a) Each home improvement contractor required to be registered under this subchapter shall initially

register with the Division by submitting the following on forms provided by the Director:

1. The name and street address of each place of business of the home improvement contractor

and any fictitious or trade name to be used by the home improvement contractor;

2. The type of business organization;

3. The name, residence and business street address of each officer, director, principal and person

with an ownership interest of 10 percent or more in the home improvement contractor

business, including the percentage of ownership held;

4. The name and number of any professional or occupational license, certificate or registration

issued by this State or any other governmental entity to any officer, director, principal or

person with an ownership interest of 10 percent or more in the home improvement contractor

business;

5. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has been adjudged liable

in an administrative or civil action involving any of the situations in (a)5i through vi below.

For the purposes of this paragraph, a judgment of liability in an administrative or civil action

shall include, but not be limited to, any finding or admission that the entity, officer, director,

principal or person with an ownership interest of 10 percent or more in the home improvement

contractor business engaged in an unlawful practice or practices related to any of the

named situations in (a)5i through vi below regardless of whether that finding was made in

the context of an injunction, a proceeding resulting in the denial, suspension or revocation

of a license, certification or registration, consented to in an assurance of voluntary compliance

or any similar order or legal agreement with any State or Federal agency. As described

above, this paragraph covers the following situations:

i. Obtained any registration, certification or license by fraud, deception or misrepresentation;

ii. Engaged in the use or employment of dishonesty, fraud, deception, misrepresentation,

false promise or false pretense;

iii. Engaged in gross negligence, gross malpractice or gross incompetence;

iv. Engaged in acts of negligence, malpractice or incompetence involving selling or making a

home improvement; and

v. Engaged in professional or occupational misconduct;

6. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has been convicted of

any crime involving moral turpitude or any crime relating adversely to selling or making

home improvements. 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. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has had their authority to

engage in the activity regulated by the Director revoked or suspended by any other state,

agency or authority;

8. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business has violated or failed to

comply with the provisions of any act, regulation or order administered or issued by the Director;

9. Whether the entity, any officer, director, principal or person with an ownership interest of

10 percent or more in the home improvement contractor business believes they are unable

to meet the requirements of the Contractors' Registration Act, N.J.S.A. 56:8-136 et seq. or

rule in this subchapter for medical or any other good cause to the detriment of the public's

health, safety and welfare; and

10. The name and street address of an agent in the State of New Jersey for service of process.

(b) In addition to the information required in (a) above, the applicant shall include the following

with the initial application:

1. A properly completed disclosure statement that complies with the requirements of N.J.A.C.

13:45A-17.6;

2. Proof of the home improvement contractor's commercial general liability insurance policy in

a minimum amount of $500,000 per occurrence that complies with the requirements of

N.J.A.C. 13:45A-17.12; and

3. The initial registration fee in the amount specified in N.J.A.C. 13:45A-17.14.

(c) A registered home improvement contractor shall include the following with the annual renewal

application:

1. A completed renewal application that will be on a form specified by the Director;

2. Proof of the home improvement contractor's commercial general liability insurance policy in

a minimum amount of $500,000 per occurrence that complies with the requirements of

N.J.A.C. 13:45A-17.12;

3. The renewal registration fee in the amount specified in N.J.A.C. 13:45A-17.14; and

4. If the completed renewal application is received by the Division after the renewal application's

due date as specified on the renewal application, the late fee in the amount specified

in N.J.A.C. 13:45A-17.14.

§ 13:45A-17.6 Disclosure statement

(a) Each applicant shall file a disclosure statement with the Director stating whether it or any of its

officers, directors, principals or persons with an ownership interest of 10 percent or more in the

home improvement contractor business has been convicted of any violations 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.A. 2C:5-1 or 2C:5-2 (conspiracy), N.J.S.A.

2C:11-2 (criminal homicide), N.J.S.A. 2C:11-3 (murder), N.J.S.A. 2C:11-4 (manslaughter),

N.J.S.A. 2C:12-1 (assault), N.J.S.A. 2C:12-3 (terroristic threats), N.J.S.A. 2C:13-1 (kidnapping),

N.J.S.A. 2C:14-2 (sexual assault), subsection a. or b. of N.J.S.A. 2C:17-1 (arson and

related offenses), subsection a. or b. of N.J.S.A. 2C:17-2 (causing or risking widespread injury

or damage), N.J.S.A. 2C:15-1 (robbery), N.J.S.A. 2C:18-2 (burglary), N.J.S.A. 2C:20-4

(theft by deception), N.J.S.A. 2C:20-5 (theft by extortion), N.J.S.A. 2C:20-7 (receiving stolen

property), N.J.S.A. 2C:20-9 (theft by failure to make required disposition of property received),

N.J.S.A. 2C:21-2 (criminal simulation), N.J.S.A. 2C:21-2.1 (fraud relating to

driver's license or other document issued by governmental agency to verify identity or age;

simulation), N.J.S.A. 2C:21-2.3 (fraud relating to motor vehicle insurance identification

card; production or sale), N.J.S.A. 2C:21-3 (frauds relating to public records and recordable

instruments), N.J.S.A. 2C:21-4 (falsifying or tampering with records), N.J.S.A. 2C:21-6

(fraud relating to credit cards), N.J.S.A. 2C:21-7 (deceptive business practices), N.J.S.A.

2C:21-12 (defrauding secured creditors), N.J.S.A. 2C:21-14 (receiving deposits in a failing

financial institution), N.J.S.A. 2C:21-15 (misapplication of entrusted property and property

of government of financial institution), N.J.S.A. 2C:21-19 (wrongful credit practices and related

offenses), N.J.S.A. 2C:27-2 (bribery in official and political matters), N.J.S.A. 2C:27-3

(threats and other improper influence in official and political matters), N.J.S.A. 2C:27-5 (retaliation

for past official action), N.J.S.A. 2C:27-9 (public servant transacting business with

certain persons), N.J.S.A. 2C:27-10 (acceptance or receipt of unlawful benefit by public servant

for official behavior), N.J.S.A. 2C:27-11 (offer of unlawful benefit by public servant for

official behavior), N.J.S.A. 2C:28-1 (perjury), N.J.S.A. 2C:28-2 (false swearing), N.J.S.A.

2C:28-3 (unsworn falsification to authorities), N.J.S.A. 2C:28-4 (false reports to law enforcement

officials), N.J.S.A. 2C:28-5 (tampering with witnesses and informants; retaliation

against them), N.J.S.A. 2C:28-6 (tampering with or fabricating physical evidence), N.J.S.A.

2C:28-7 (tampering with public records or information), N.J.S.A. 2C:28-8 (impersonating a

public servant or law enforcement officer), N.J.S.A. 2C:30-2 (official misconduct), N.J.S.A.

2C:30-3 (speculating or wagering on official action or information), N.J.S.A. 2C:35-5

(manufacturing, distributing or dispensing a controlled dangerous substance), N.J.S.A.

2C:35-10 (possession, use or being under the influence or failure to make lawful disposition

of a controlled dangerous substance), N.J.S.A. 2C:37-2 (promoting gambling), N.J.S.A.

2C:37-3 (possession of gambling records), or N.J.S.A. 2C:37-4 (maintenance of a gambling

resort).

§ 13:45A-17.7 Duty to update information

(a) Whenever any information required to be included in the application changes, or if additional

information should be added after the filing of the application, the applicant or registered home improvement

contractor, as appropriate, shall provide that information to the Director, in writing,

within 20 calendar days of the change or addition. Whenever any other information filed with the

Director pursuant to the Contractors' Registration Act, N.J.S.A. 56:8-136 et seq., or this subchapter

has changed, the applicant or registered home improvement contractor, as appropriate, shall

provide that information to the Director, in writing, within 20 calendar days of the change or addition.

(b) Whenever any 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 or registered

home improvement contractor, as appropriate, shall provide that information to the Director, in

writing, within 30 calendar days of the change or addition.

§ 13:45A-17.8 Requirement to cooperate

Home improvement contractor applicants seeking to register with the Division and registered home

improvement contractors shall have the continuing duty to provide any assistance or information;

to produce any records requested by the Director; and to cooperate in any inquiry, investigation or

hearing conducted by the Director.

§ 13:45A-17.9 Refusal to issue, suspension or revocation of registration; hearing; other

sanctions

(a) The Director may refuse to issue or renew, or may suspend or revoke any registration issued

by the Division upon proof that an applicant or registrant or any of its officers, directors, principals

or persons with an ownership interest of 10 percent or more in the home improvement contractor

business:

1. Has obtained any registration, certification or license by 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 involving selling

or making a home improvement;

5. Has engaged in professional or occupational misconduct;

6. Has been adjudged liable in an administrative or civil action involving any finding or admission

which would provide a basis for discipline pursuant to (a)1 through 5 above regardless

of whether that finding was made in the context of an injunction, a proceeding resulting in

the denial, suspension or revocation of a license, certification or registration, consented to

in an assurance of voluntary compliance or any similar order or legal agreement with any

State or Federal agency;

7. Has been convicted of any crime involving moral turpitude or any crime relating adversely

to selling or making home improvements. 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;

8. Has had his or her 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;

9. Has violated or failed to comply with N.J.S.A. 56:8-136 et seq. or any provision of this subchapter

or the provisions of any act, regulation or order administered or issued by the Director;

or

10. Is unable to meet the requirements of the Contractors' Registration Act, N.J.S.A. 56:8-136

et seq., or rule in this subchapter for medical or any other good cause to the detriment of

the public's health, safety and welfare.

(b) Information contained in the application required pursuant to N.J.A.C. 13:45A-17.5 and information

contained in the disclosure statement required to be filed pursuant to N.J.A.C. 13:45A-17.6

may be used by the Director as grounds for denying, suspending or revoking a registration. An applicant

whose registration is denied or a home improvement contractor whose registration is suspended

or revoked based upon information contained in the application or disclosure statement or

any amendments thereto shall be afforded an opportunity to be heard pursuant to the Administrative

Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules,

N.J.A.C. 1:1, upon written request to the Director within 30 days of the notice of denial, suspension

or revocation which shall contain the basis for such action. In any matter in which the provisions of

the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-1 et seq., apply, the Director shall

comply with the requirements of that Act.

(c) Except as provided in (b) above, prior to refusing to issue or renew or suspending or revoking a

home improvement contractor registration or assessing a penalty, the Director shall notify the applicant

or registrant and provide an opportunity to be heard.

(d) In addition to assessing a monetary penalty for any violation of this subchapter, the Director

may revoke a registration or suspend the registration for a period of time dependent upon the seriousness

of the violation.

(e) Nothing contained in this subchapter shall limit the Director from imposing any additional fees,

fines, penalties, restitution or any other sanctions as permitted under the Consumer Fraud Act,

N.J.S.A. 56:8-1 et seq.

§ 13:45A-17.10 Reinstatement of suspended registration

A registration that is suspended by the Director may be reinstated upon the contractor satisfying

the conditions for reinstatement as determined by the Director and paying all outstanding fees,

fines, penalties and restitution, including the payment of the reinstatement fee specified in N.J.A.C.

13:45A-17.14.

§ 13:45A-17.11 Ownership and use of registration number; replacement and duplicate

certificates

(a) Each registration number and certificate containing such registration number issued by the Director

to a home improvement contractor remain the property of the State of New Jersey. If the

Director suspends, fails to renew, or revokes a registration, the home improvement contractor shall

immediately return all registration certificates to the Director and shall remove the registration

number from all vehicles, advertising and anything else on which the registration number is displayed

or otherwise communicated.

(b) The Director shall issue a replacement certificate upon payment of the replacement certificate

fee as set forth in N.J.A.C. 13:45A-17.14 and receipt by the Director of an affidavit or certified

statement attesting that the original was either lost, destroyed, mutilated or is otherwise no longer

in the custody of and cannot be recovered by the certificate holder.

(c) The Director shall issue a duplicate certificate to a registered contractor upon payment of the

duplicate certificate fee as set forth in N.J.A.C. 13:45A-17.14 and receipt by the Director of an affidavit

or certified statement that the registered contractor has multiple places of business in which

the contractor must display a certificate. A registered contractor may not possess more registration

certificates than the number of places of business utilized by the contractor.

(d) A registered home improvement contractor shall prominently display:

1. The original registration certificate or a duplicate registration certificate issued by the Division

at each place of business; and

2. The contractor's registration number on 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 a registrant and used by the registrant for the purpose of providing home improvements,

except for vehicles leased or rented by a registrant to a customer of that registrant.

(e) Any invoice, contract or correspondence given by a registrant to a consumer shall prominently

contain the toll-free telephone number provided by the Division pursuant to (b) of N.J.S.A. 56:8-

§ 13:45A-17.12 Mandatory commercial general liability insurance

(a) On or after December 31, 2005 every registered home improvement contractor shall secure

and maintain in full force and effect during the entire term of registration a commercial general liability

insurance policy and shall file with the Director proof that such insurance is in full force and

effect.

(b) The insurance policy required to be filed with the Director shall be a commercial general liability

insurance policy, occurrence form, and shall provide a minimum coverage in the amount of

$500,000 per occurrence. On or after December 31 2005, every registered contractor engaged in

home improvements whose commercial general liability insurance policy is canceled or nonrenewed

shall submit to the director a copy of the certificate of commercial general liability insurance for a

new or replacement policy which meets the requirements of (a) above before the former policy is

no longer effective.

(c) The proof of insurance required by (a) above shall be a certificate provided by the insurer containing

the insured's name, business street address, policy number, term of the insurance, and information

assuring that the policy conforms with (b) above.

(d) A home improvement contractor who either does not renew or otherwise changes the contractor's

commercial general liability policy shall submit a copy of the certificate of commercial general

liability insurance for the new policy before the former policy is no longer effective.

§ 13:45A-17.13 Requirements of certain home improvement contracts

In addition to the requirements of a home improvement contract pursuant to N.J.A.C. 13:45A-16.2,

every home improvement contract in which a person required to be registered as a home improvement

contractor is a party shall comply with the provisions of N.J.S.A. 56:8-151.

§ 13:45A-17.14 Fees

(a) The Division shall charge the following non-refundable home improvement contractor registration

fees:

1. Initial registration fee $90.00;

2. Renewal registration fee $75.00;

3. Late fee $25.00;

4. Reinstatement fee $50.00;

5. Replacement or duplicate certificate fee $20.00.

 

 

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