16
Oct
Subject: Comments on Proposed New Rules: N.J.A.C. 5:74-1.6 and 1.7 – Standard for the Certification of Fire Protection Contractors
Dear Ms. Callahan:We are writing on behalf of the New Jersey Chapter of the Automatic Fire Alarm Association, the New Jersey Electronic Life Safety Association, the New Jersey Association of Fire Equipment Distributors, the New Jersey Chapter of the American Fire Sprinkler Association, and the National Association of Fire Equipment Distributors. These organizations represent the vast majority of all fire protection contractors in the State of New Jersey. We are writing to express concerns regarding the proposed amendments to the Standard for the Certification of Fire Equipment Contractors, specifically those related to the new categories of "Smoke Damper, Fire Damper, and Combination Fire and Smoke Damper Contractor" and "Smoke Control System Contractor."
While our organizations support the addition of these new categories, we are concerned that the proposed certification requirements unfairly exclude all non-union contractors from working on these types of systems and we fear the unintended consequences that could result from such action. As currently drafted, the rules require contractors to receive certification from the International Certification Board (ICB) and the Testing, Adjusting, and Balancing Bureau (TABB), which provide certification only to companies that are signatories of a collective bargaining agreement. If we are reading this correctly, this requirement e1ectively bars all non-union companies, many of which are small businesses, from obtaining these certifications.
We are not aware of any other state licensing or certification that enforces such requirements. If enacted, these rules would be unprecedented in the state, eliminating the vast majority of fire protection contractors from performing this type of work.
The Economic Impact section of the rule proposal fails to address the potential increase in costs to consumers resulting from reduced competition in the market. Fewer companies competing for this business could lead to higher prices. Higher prices may discourage consumers from having their systems inspected as frequently as necessary, negatively impacting fire safety and increasing public safety risks.
Preventing non-union companies from performing this type of work could also lead to layo1s and reduced employment opportunities for skilled workers who are not part of a union. The Job Impact section fails to mention these potential layo1s among non-union companies due to the new rules. This exclusion contradicts the intended positive economic impact and overlooks the potential job losses resulting from limiting certification to union-a1iliated businesses.
Furthermore, we would note that all references to the ICB and TABB in the original legislation, of which there were many, were summarily removed by Governor Murphy in his Conditional Veto. As stated by Governor Murphy:
“My recommended amendments preserve the core component of this bill, while facilitating DFS’s authority to promulgate rules and regulations in this subject area within its current fire protection contractor certification regime. The primary change I am recommending in this area is to remove certain training and experience requirements in the bill — while still ensuring minimum training and experience standards are included in DFS rulemaking — as the requirements underlying certification for fire protection contractors are better suited to be set forth in regulations.”
Clearly, the Governor recognized that limiting the certification of contractors to only those who have received certification from the ICB or TABB was not in the best interest of fire protection and, instead, clarified the Division's authority to consider all qualified certifying bodies.
Additionally, we object to the requirement that individual technicians must be certified, as this proposed rule change is inconsistent with all other certification categories. In other categories, only one member of the company is required to be certified, with the responsibility placed on the company to ensure technicians are appropriately trained. Mandating certification for every employee would result in substantial costs due to fees charged by external certification agencies. The Economic Impact section only addresses the fees charged by the Department and does not consider additional costs from outside agencies.
For all the reasons listed above, we urge the Division of Fire Safety to consider alternative certification options, as suggested by the Governor’s o1ice, that do not require union membership. There are alternative training agencies, for example ABC New Jersey, that provide this type of training and certification. We also recommend the removal of the requirement tehat individual technicians be certified. This would also be consistent with all the other certification categories covered under this legislation. Expanding the range of certifying bodies or allowing equivalent certifications would ensure that all qualified contractors, regardless of union a1iliation, have the opportunity to participate in these new certification categories.
Furthermore, we would like to address section 5:74-1.17 concerning the submission of fire protection test reports. While our organizations support a centralized system for submitting inspection reports, we respectfully request that the Department develop an API to facilitate the automated electronic submission of these reports. The current requirement to manually submit each test to the state involves considerable time and expense. Implementing an API would streamline this process, reducing costs and enabling faster submission of test reports to the portal.
If you have any questions or concerns regarding this letter, we can be contacted via email at info@njafed.org, attention Elena DeGeorge.
Respectfully submitted,
New Jersey Chapter of the Automatic Fire Alarm Association
New Jersey Electronic Life Safety Association
New Jersey Association of Fire Equipment Distributors
National Association of Fire Equipment Distributors
New Jersey Chapter of the American Fire Sprinkler Association