N.J. Admin. Code § 5:23-5.21

Current through Register Vol. 56, No. 17, September 3, 2024

Section 5:23-5.21 - Renewal of license or certification

(a) The Department may issue the appropriate license following submission of an application, payment of the required nonrefundable fee, and verification by the Licensing Unit of the Division of Codes and Standards that the applicant meets the requirements for renewal of the license established herein.

(b) Every three years, any license already issued shall be renewed upon submission of an application, payment of the required nonrefundable fee, and verification by the Licensing Unit of the Division of Codes and Standards that the applicant has met such continuing educational requirements as may be established by the Commissioner.

1. The Department shall renew the license previously issued for a term of three years; provided, however, that it may renew any such license for a shorter period of time if so requested by the licensee. The renewal period shall begin 90 days prior to the expiration dates, which shall be July 31 or January 31.

(c) The Department shall issue, upon application, a duplicate license wallet card of the appropriate type and specialty, upon a finding that the license has been issued, and that the applicant is entitled to such license wallet card to replace one that has been lost, destroyed, or mutilated. Payment of a fee of $ 15.00 shall be required.

(d) Continuing education requirements are as follows:

1. The following continuing education requirements are based upon the type of licenses or certification held, and not upon employment positions held. Continuing Education Units (CEUs) will be subject to approval by the Department. One CEU equals 10 contact hours. CEUs will be awarded both for technical and administrative licenses or certifications. The following CEUs must be completed between each license or certification renewal:

i. Inspector license only--1.5 CEUs (technical) except an amusement ride technical license, in which case the requirement is 5.0 CEUs (technical);

ii. Inspector and subcode official licenses--2.0 CEUs (1.5 technical and 0.5 administrative) except an amusement ride subcode official license, in which case the requirement is 5.5 CEUs (5.0 technical and 0.5 administrative);

iii. Inspector, subcode official and construction official licenses--2.5 CEU's (1.5 technical and 1.0 administrative).

iv. Special inspector certifications -- .5 CEU Technical

(1) No CEUs are required for certification renewal of special inspectors that are in possession of a current New Jersey license as an engineer.

v. Technical assistant to the construction official certification--1.5 administrative CEUs.

2. If an individual adds an inspector license in a new subcode area to an existing license, there will be no additional continuing education requirement for the new licenses during that licensure period.

3. If an individual adds administrative licenses to an existing license, there will be no additional continuing education requirement for the new administrative license during that licensing period.

4. To maintain a mechanical inspector's license, 1.5 CEU (technical) shall be completed, as required by this section, in addition to any other CEU requirements for other licenses held.

5. The Department may determine that attendance at specific seminar(s) is mandatory for individual inspectors, subcode officials, or construction officials.

i. The Barrier Free Subcode seminar shall be a mandatory seminar. Each licensed building subcode official or building inspector shall have completed this course for license renewal on or after July 1, 1998. Barrier Free Subcode seminars completed after July 1, 1995 shall be counted toward meeting this requirement.

ii. The framing inspection seminar, which shall provide instruction in inspection methods and procedures, shall be a mandatory seminar. For licenses renewed on or after January 1, 2002, each licensed building inspector shall have completed the framing inspection seminar in order to renew his or her building inspector license(s). Beginning in the fall semester of 2001, the framing inspection seminar delivered through the Department's continuing education program shall be the only framing inspection seminar deemed to satisfy this requirement.

iii. If the Department establishes mandatory seminar(s), the seminar(s) will be offered in sufficient numbers and locations so as to facilitate compliance.

iv. For those code officials who do not complete the mandatory seminar(s), the Department shall offer either a special seminar or video seminar so the code official may be in compliance. The Department shall charge a fee of $ 50.00 per person to attend any video seminar or special seminar.

6. CEU credit for a given course shall be allowed with respect to all licenses held by a licensee to which the course may be applicable.

(e) Lapsed license and/or certification renewal requirements are as follows:

1. Where the holder of a license and/or certification has allowed the license or certification to lapse by failing to renew the license or certification as provided for in (b) above, a new application and license or certification shall be required. If such application is made within three years of the license or certification having lapsed, then application may be made in the same manner as a renewal application.

2. The late renewal application shall be accompanied by the appropriate renewal fee and an additional late fee of $ 91.00 per year or fraction thereof.

3. Additionally, the licensee or certified individual must make up or meet the annual continuing education training requirement for each active and expired year as specified herein.

4. Where a license or certification has lapsed for a period exceeding three years, a new application shall be required in accordance with 5:23-5.5, and the applicant must meet all current licensure or certification requirements.

(f) After revocation of a license or certification upon any of the grounds set forth in these rules, the Licensing Unit may not renew or reinstate such license or certification; however, a person may file a new application for a license or certification with the Department, subject to (g) below.

(g) The Department shall not issue a new license or certification to an applicant whose license or certification was previously revoked unless and until the following conditions are met:

1. At least three years shall have passed since the effective date of the revocation of the previous license or certification;

2. If the applicant was convicted of a crime related in any way to code enforcement, the Department shall have determined in light of the factors set forth in 2A:168A-2, that the applicant has been fully rehabilitated and that licensing or certifying the applicant would not be detrimental to the public welfare;

3. The applicant shall have made full restitution to any person who sustained a loss as a result of the act or omission for which the previous license or certification was revoked; and

4. All conditions imposed by the order of revocation shall have been complied with.

N.J. Admin. Code § 5:23-5.21

Amended by 46 N.J.R. 2024(a), effective 10/6/2014.

Amended by 47 N.J.R. 459(a), effective 2/17/2015

Amended by 55 N.J.R. 826(b), effective 5/1/2023

Administrative Change, 56 N.J.R. 1708(a), effective 7/23/2024