Hi Peter,
Peter Plein wrote:As I understand it a home owner in the state of New Jersey may perform almost all work on his owner occupied home with no need for any license.
That is what this section of the "Contractors Registration NJSA 56:8-136 et seq." states as shown below.
- From the named "Contractors' Registration Act". (bold and underlining are mine)
- - 56:8-139 Act applicable to contractors who publicly advertise.
- - - 4.
Except for persons exempted pursuant to section 5 of this act, any person who advertises in print or puts out any sign or card or other device on or after December 31, 2005, which would indicate to the public that he is a contractor in New Jersey, or who causes his name or business name to be included in a classified advertisement or directory in New Jersey on or after December 31, 2005, under a classification for home improvements covered by this act, is subject to the provisions of this act. This section shall not be construed to apply to simple residential alphabetical listings in standard telephone directories.
- - 56:8-140 Inapplicability of act.
- - -
5. The provisions of this act shall not apply to:
- - - - a. Any person required to register pursuant to "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467 (C.46:3B-1 et seq.);
- - - -
b. Any person performing a home improvement upon a residential or noncommercial property he owns, or that is owned by a member of his family, a bona fide charity, or other non-profit organization;
- - - -
c. Any person regulated by the State as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, 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 his profession;
- - - - d. Any person who is employed by a community association or cooperative corporation;
- - - - e. Any public utility as defined under R.S.48:2-13;
- - - - f. Any person licensed under the provisions of section 16 of P.L.1960, c.41 (C.17:16C-77); and
- - - - g. Any home improvement retailer with a net worth of more than $50,000,000, or employee of that retailer.
- 56:8-140 Inapplicability of act.
- -
5. The provisions of this act shall not apply to:
- - - The above 5. states that this act *shall not apply to* the following persons.
- - -
b. Any person performing a home improvement upon a residential or noncommercial property he owns, or that is owned by a member of his family, a bona fide charity, or other non-profit organization;
- - - - The above 5.b. states that a person who owns their residential or noncommercial property and is performing home improvement on said property *does not* require a license as covered in this Act for performing those repairs.
- - -
c. Any person regulated by the State as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, 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 his profession;
- - - - The above 5.c. states that as a licensed electrician performing electrical work on any property, you *would not* be required to become licensed under this Act. Now, if you stepped outside your licensed activities on property you did not own, or even on commercial property you did own, you *would then be required* to become licensed under this Act.
I was told recenly by a building inspector that only applies to my primary residence. He claimed that is from the "UCC".
His reference to "UCC" is simply, as you know, a reference to the New Jersey Uniform Construction Code in general and to all of its requirements without stating what in particular or what specifically requires you to be licensed in.
That is where the "Contractors Registration Act" steps in and separates you working on *any* home you own from you working on a building you do not own or on a commercial building you do own. The "Contractors Registration Act" does not address the limit of homes or buildings one can own and work on, and in fact states "b. Any person performing a home improvement upon a residential or noncommercial property he owns, ... " is referring to "a" residential or noncommercial property "you" own, without limiting the number of properties because "you" will only be able to work on "a" property at "a" time. Now, if you bring out some people to help you, and they are not also owners of the property, *they* will be required to become register as licensed contractors. Which breaks up that old "I'll bring the beer, you guys come out and help me this weekend." project party way things were done in the old days.
I am buying a vacation home and intend to do all my own work.
This would be key to the above: until you buy it and own it, you would need a meet the requirements of the "Contractors Registration Act" before being allowed to do any work on the property, and while that is the case, he would be correct.
However, once you close on the house, mortgage or no mortgage, you now own the house and fall under the "Contractors Registration Act" section "Inapplicability of act.", 5.b.
- 56:8-140 Inapplicability of act.
- - 5. The provisions of this act shall not apply to:
- - - b. Any person performing a home improvement upon a residential or noncommercial property he owns, or that is owned by a member of his family, a bona fide charity, or other non-profit organization;
I believe so long as I am the only one that will occupy the house, I cam perform all the work on the house. Am I right?
The "Contractors Registration Act" above does not even require you to occupy the house to be exempt from the Act under the "Inapplicability of the act" section, it simply requires that you "own" the house.
I would print out the act, printing three copies, one for you and one to give to him and one spare, then when you see him the next time, or go meet him before doing any work, give him a copy of the act. If there are any problems, then contact the Building Official or head of the Building Department or Planning and Zoning (as the case may be for that area) and give them the spare copy and discuss the problem with the higher up. The higher up should be willing to listen to you, may want all of you there together, or may listen to you and then talk to the inspector before giving you their answer, which should be 'Go ahead with your work as you own the house and you fall under the "Contactors Registration Act" "Inapplicability of the act." section.' - or words to that affect.
Hope that information helps,
Codeman