Rutgers Law

New Jersey Statutes, Title: 56, TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

    Chapter 8:

      Section: 56:8-137: Definitions relative to home improvement contractors.

          2. As used in P.L.2004, c.16 (C.56:8-136 et seq.):

"Board" means the New Jersey State Board of Home Improvement and Home Elevation Contractors.

"Contractor" means an individual providing home improvement or home elevation services, or both types of services, for a corporation, partnership, association, sole proprietorship, and any other form of business organization or entity that enters into contracts for home improvement, home elevation, or both types of services.

"Contractor business" means a business that is a corporation, partnership, association, sole proprietorship or any other form of business organization or entity that provides home improvement, home elevation, or both types of services with at least one employee who is a licensed contractor, as defined pursuant to this section. An individual who provides services included in the definition of "home improvement" and who earns a maximum of $1,500 per contract and $25,000 on an annual basis for those services shall be required to maintain registration and comply with registration requirements pursuant to section 3 of P.L.2004, c.16 (C.56:8-138), but shall not be required to have at least one employee who is a licensed contractor.

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

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

"Home elevation" means any home improvement that involves raising an entire residential structure to a higher level above the ground.

"Home elevation contractor" means a contractor who engages in the practice of home elevation and is authorized to perform home improvement services.

"Home improvement" means the remodeling, altering, renovating, repairing, restoring, modernizing, moving, demolishing, or otherwise improving or modifying of the whole or any part of any residential property. Home improvement shall also include insulation, installation, and the conversion of existing commercial structures into residential property. Home improvement shall not include the construction of a new residential property.

"Home improvement contract" means a written agreement, or oral agreement if the cost of services is expected to be $500 or less, for the performance of a home improvement between a home improvement or home elevation contractor business and an owner, tenant or lessee, of a residential property, and includes all agreements under which the contractor is to perform labor or render services for home improvements or for home elevations, or furnish materials in connection therewith.

"Limited specialty services license" means a license issued by the board that authorizes an individual only to perform services in a specialty of home improvement the scope of which shall be determined by the board.

"Limited specialty services licensee" means an individual licensed by the board to provide limited specialty home improvement services.

"Principal home improvement contractor" or "principal home elevation contractor" means a licensed home improvement or home elevation contractor who oversees the performance of services for contracts (1) valued at a minimum of $120,000 and (2) that require the submittal of plans with more than one subcode. A principal home improvement or principal home elevation contractor may also provide services as a home improvement contractor or home elevation contractor if a contract is valued at less than $120,000 or does not require submittal of plans with more than one subcode.

"Residential property" means any single or multi-unit structure used in whole or in part as a place of residence, and all structures appurtenant thereto, and any portion of the lot or site on which the structure is situated which is devoted to the residential use of the structure.

L.2004, c.16, s.2; amended 2014, c.34, s.3; 2023, c.237, s.26.

This section added to the Rutgers Database: 2024-04-11 15:16:35.

Older versions of 56:8-137 (if available):

Court decisions that cite this statute: CLICK HERE.