Home owner work

[Peter Plein]

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. I was told recenly by a building inspector that only applies to my primary residence. He claimed that is from the "UCC". I am buying a vacation home and intend to do all my own work. I never told him that I was a licensed electrical contracor as that should not impact any framing, plumbing or finish work. As I read the law here the "Home renovation License" does not apply to any person regulated by the Nj Division of Cosumer Affairs ( that is the body that licenses electrical contractors. 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?

[Jerry Peck - Codeman]

Hi Peter,

I've searched through the New Jersey web site, and through the Division of Consumer Affairs web site, and have not been able to find anything linking to the "Home Renovation License" you speak of.

Do you have a link to it?

Different states address this differently and some do not address it at all, it is "anything goes". In many (most?) states one is allowed to do work on "their home", which may or may not be specified as "their primary resident" or basically "any property owned".

Also, many states being to put restrictions on what one can do to their home if the home is to be offered for sale or lease. In those states, as long as it is "your home" and the work is "done according to code" (which includes permits and inspections) there is no problem with you killing YOUR family from shoddy work (which, if permitted and inspected should not be shoddy work, it should at least be minimum work, i.e., code), but as soon as you offer it for lease or sale, you are not putting other people at risk and you are no longer allowed to do any work on that property.

Some states, such as Florida where I am, that is taken a step further to further protect those other people - a homeowner is *not allowed* to do any work on their home for 12 months prior to offering their home for sale or lease, otherwise they are considered an unlicensed contractor.

In my opinion, I believe all states should address it similarly to the way Florida addresses it, and here is why:
- If you are doing work on your own home, with permits, inspections, and to code, and that work proves to be satisfactory for one years (the 12 month period Florida law covers), then that work should be suitable and safe to minimum code, which is, after all, the only standard the state addresses construction to - the minimum code.
- If you are doing work on your own home and then turn around an lease it or sell it, you are in effect "constructing it" (i.e., doing the work) "for" the other person and the other person will be living with, or dying with, your work - and if you are not licensed, then there is no recourse against you other than through a lawsuit, which you would lose immediately because you were acting as an unlicensed contractor.

The above is addressing different things than what your question asked, however, it is intended to offer a background for why things are done the way they are done.

If you would provide a link to the web site, law or rule which addresses that "Home Renovation License" I can read it and tell you what I think it says, and why I think it says what it says.

Looking forward to a link to that rule or law.

Thank you,

Codeman

[Peter Plein]

Sorry I meant Home Improvement Contractor

http://www.state.nj.us/lps/ca/laws/Cont ... ionLaw.pdf

[Peter Plein]

http://www.state.nj.us/lps/ca/contractors/hcrules.htm

[Jerry Peck - Codeman]

Hi Peter,

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