NJAC 13:45A-16.1A Definitions

NJAC 13:45A-16.1A Definitions

		The following words and terms, when used in this subchapter, shall have the following meanings unless the context indicates otherwise.

		“Home improvement” means the remodeling, altering, painting, repairing, renovating, restoring, moving, demolishing, or modernizing of residential or noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping, fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, security protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems, insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other changes, repairs, or improvements made in or on, attached to or forming a part of the residential or noncommercial property, but does not include the construction of a new residence. The term extends to the conversion of existing commercial structures into residential or noncommercial property and includes any of the above activities performed under emergency conditions.

		“Home improvement contract” means an oral or written agreement between a seller and an owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements under which the seller is to perform labor or render services for home improvements, or furnish materials in connection therewith.

		“Residential or non-commercial property” means a structure used, in whole or in substantial part, as a home or place of residence by any natural person, whether or not a single or multi-unit structure, and that part of the lot or site on which it is situated and which is devoted to the residential use of the structure, and includes all appurtenant structures.

		“Sales representative” means a person employed by or contracting with a seller for the purpose of selling home improvements.

		“Seller” means a person engaged in the business of making or selling home improvements and includes corporations, partnerships, associations and any other form of business organization or entity, and their officers, representatives, agents and employees.

		HISTORY

		HISTORY:

		Amended by R.1994 d.396, effective August 1, 1994.

		See: 26 New Jersey Register 1605(a), 26 New Jersey Register 3183(a).

		Amended by R.1995 d.618, effective December 4, 1995.

		See: 27 New Jersey Register 3566(a), 27 New Jersey Register 4899(b).

		Recodified from N.J.A.C. 13:45A-16.1 and amended by R.2004 d.418, effective November 1, 2004 (operative November 9, 2004).

		See: 36 New Jersey Register 3506(a), 36 New Jersey Register 4984(a).

		In “Home improvement”, inserted “renovating, restoring, moving, demolishing," preceding “or modernizing” and deleted “aluminum” preceding “siding”.

		CASE NOTES:

		Tile company did not violate administrative regulation pertaining to written agreements involving home improvements when company failed to provide detailed written agreement upon agreeing to install kitchen floor in general contractor‘s new home, where such regulation did not include construction of a new residence. Splash of Tile, Inc., v. Steven J. Moss, 357 N.J. Super. 143, 814 A.2d 648.

		Two-unit residence would be characterized as “residential property," relieving co-owners of duty to maintain abutting sidewalks in reasonably good condition, despite fact that only one unit of residence was owner-occupied. Smith v. Young, 300 N.J.Super. 82, 692 A.2d 76 (A.D.1997).

		Unoccupied property having both residential and commercial uses qualified as “residential or noncommercial property” under Consumer Fraud Act; Act precluded enforcement of alleged oral renovation contract between electrical subcontractor and shareholder of property‘s corporate owner. Marascio v. Campanella, 298 N.J.Super. 491, 689 A.2d 852 (A.D.1997).

		Residential property within scope of Consumer Fraud Act regulations. Blake Const. v. Pavlick, 236 N.J.Super. 73, 564 A.2d 130 (L.1989).

		Consumer Fraud Act regulation requiring home improvement contracts to be in writing was valid. Blake Const. v. Pavlick, 236 N.J.Super. 73, 564 A.2d 130 (L.1989).

		Home improvement contract did not comply with Consumer Fraud Act and was unenforceable. Blake Const. v. Pavlick, 236 N.J.Super. 73, 564 A.2d 130 (L.1989).

		Owners of property characterized as residential not liable for defective abutting sidewalk. Borges v. Hamed, 247 N.J.Super. 353, 589 A.2d 199 (L.1990), affirmed 247 N.J.Super. 295, 589 A.2d 169.