P.L. 1991, CHAPTER 2, approved February 19, 1991
1990 Assembly No. 1846 (First Reprint)

AN ACT regulating landscape irrigation contractors 1[and supplementing Title 45 of the Revised Statutes]1.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the "Landscape Irrigation Contractor Certification Act of 1990."

2. As used in this act:
a. "Board" means the Landscape Irrigation Contractors Examining board established pursuant to section 5 of this act.
b. "Department" means the Department of Environmental Protection.
c. "Landscape irrigation contracting" means the construction, repair, maintenance, improvement and alteration of any portion of a landscape irrigation system, including required wiring within that system and connection to the required power supply and the installation and connection to a public or private water supply system under the terms and conditions of a contract.
d. "Landscape irrigation contractor" means a person who is certified to do landscape irrigation contracting.
e. "Landscape irrigation contractor certificate" or "certificate" means the certificate issued by the board pursuant to the provisions of this act.
f. "Landscape irrigation system" means any assemblage of components, materials or special equipment which is designed, constructed and installed for controlled dispersion of water from any safe and suitable source, including properly treated wastewater, for the purpose of irrigating landscape vegetation or the control of dust and erosion on landscaped areas, including integral pumping systems or integral control systems for manual, semi-automatic or automatic control of the operation of these systems.

3. 1a.1 No person shall engage in the business of landscape irrigation contracting without securing from the board a landscape irrigation contractor certificate in accordance with the provisions of this act; except that officers, employees, and duly authorized representatives of the United States, the State, or any political subdivision thereof performing work on the property of the 1[political] public1 entity; vendors of landscape irrigation components, materials or equipment who perform only such functions as delivery, rendering of advice or assistance in the installation or normal warranty service or exchange of defective or damaged goods; contractors engaged in the design, fabrication, installation or construction of irrigation apparatus or irrigation equipment of any type which is to be used solely for agricultural purposes in the production of harvestable and saleable vegetative or animal products; 1plumbing contractors as defined by section 2 of P.L.1968, c.362 (C.45:14C-2);1 and persons engaged in landscape irrigation contracting solely as an employee of a landscape irrigation contractor, are exempt from the requirement of a certificate imposed by this act.
1b. If a landscape irrigation system is connected to a potable water supply, the landscape irrigation contractor's connection is to begin at the downstream side of a properly installed backflow prevention device as required by the Plumbing Subcode of the Uniform Construction Code adopted pursuant to section 5 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-123).
c.1 Nothing in this act shall be construed to prevent individuals licensed or certified in this State under any other law from engaging in the profession for which they are licensed or certified.

4. A person seeking certification as a landscape irrigation contractor shall apply therefor on forms prescribed and provided by the board, and pay the application fee established by the board. In addition to any other information or documents that may be required by the board, each applicant shall submit satisfactory evidence that the applicant is of good moral character, is at least 18 years of age and has a minimum of three years experience in the field of landscape irrigation.

5. a. There is established in the Department of Environmental Protection the Landscape Irrigation Contractors Examining Board, which shall consist of six members, one of whom shall be the Commissioner of the Department of Environmental Protection, or the commissioner's designated representative, who shall serve ex officio, four of whom shall be landscape irrigation contractors and residents of the State and one of whom shall be 1a1 licensed professional engineer, appointed by the Governor with the advice and consent of the Senate, for terms of three years. Of the public members first appointed by the Governor, who shall not be required to be certified pursuant to section 7 of this act, two shall be appointed for terms of three years, two shall be appointed for a term of two years and one shall be appointed for a term of one year. Each of these members shall hold office for the term of the appointment and until a successor is appointed and qualified. A member is eligible for reappointment to one additional term. Any vacancy in the membership occurring other than by expiration of a term shall be filled in the same manner as the original appointment, but for the expired term only.
b. The members of the board shall elect from among their number a chairman, who shall schedule, convene and chair board meetings, and a vice-chairman who shall act as chairman in the chairman's absence.
c. The powers of the board are vested in the members thereof in office, and a majority of the total authorized membership of the board is required to exercise its powers at any meeting thereof.
d. The members of the board shall serve without compensation, but the board may, within the limits of funds appropriated or otherwise made available to it, reimburse members for actual expenses necessarily incurred in the discharge of their official duties.
c. The board shall meet twice annually, and at such other times as may be necessary, at a place provided by the department.

6. The board shall:
a. Review the qualifications of an applicant for certification as a landscape irrigation contractor;
b. Insure the proper conduct and standards of examinations for the certification of landscape irrigation contractors;
c. Issue and renew certificates pursuant to this act, as appropriate;
d. Refuse to issue 1or renew1 or shall suspend or revoke a certificate issued under this act pursuant to section 8 of this act;
e. Maintain a registry of landscape irrigation contractor certificates which shall record the name 1[,] and1 address of the contractor, the date the certificate was issued, and the number of the certificate;
f. Adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to carry out the provisions of this act; and
g. Adopt, pursuant to the "Administrative Procedure Act," fees for examinations, application and renewal of a certificate. These fees shall be prescribed or changed to the extent necessary to defray the expenses incurred by the board in the performance of its duties but shall not e fixed at a level that will raise amounts in excess of the amount estimated to be so required.

7. a. The board shall develop an examination to evaluate the knowledge, ability, and fitness of applicants to perform as landscape irrigation contractors and for the certification thereof and shall administer these examinations at least semi-annually at times and places to be determined by the board. The board shall provide adequate written notice of the time and place of the examination. An applicant who fails an examination may not retake the examination sooner than six months after the initial examination. The board shall issue a certificate to an applicant who successfully passes the examination and otherwise meets the standards and qualifications established by the board.
b. Each initial certificate issued pursuant to this act shall expire on January 31 of the second calendar year following issuance. All certificates issued thereafter shall remain valid for a period of two years and shall expire on January 31 of the second calendar year. A new certificate issued any time after the regular January 31 date of issuance shall remain valid until the regular January 31 date of expiration.
c. A person may seek renewal of a certificate upon submission of a renewal application and the renewal fee established by the board.
d. If a renewal application and fee are not received by the board, the certificate shall expire, except that a person may renew a certificate within two years of its expiration upon payment of a prorated fee. A new certificate, issued pursuant to the provisions of this act, shall be required of a person who fails to renew a certificate within two years of its expiration.

..8. The board may refuse to admit a person to an examination or may refuse to issue 1or renew1or may suspend or revoke any certificate issued by the board pursuant to this act upon proof that the applicant or holder of the certificate:
a. Has obtained a certificate or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation;
b. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
c. Has engaged in gross negligence or gross incompetence;
d. Has engaged in occupational misconduct as may be determined by the board;
f. Has been convicted of any crime involving moral turpitude or any crime relating adversely to the activity regulated by the board. For the purpose of this subsection a plea of guilty, non vult, nolo contendere or any other similar disposition of alleged criminal activity shall be deemed a conviction;
g. Has had his authority to engage in the activity regulated by the board revoked or suspended by any other state, agency or authority for reasons consistent with this section;
h. Has violated or failed to comply with the provisions of this act; or
i. Is incapable, for medical or any other good cause, of discharging the functions of a certificate holder in a manner consistent with the public's health, safety and welfare.

..9. Any person violating any provision of this act shall be liable to a civil penalty of not more than $2,500 for the first offense and not more than $5,000 for the second and each subsequent offense. In lieu of an administrative proceeding, the board may bring an action for the collection or enforcement of civil penalties for the violation of any provision of this act. The action may be brought in summary manner pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.

10. Whenever it shall appear to the board that a violation of this act, including engaging in landscape irrigation contracting without a certificate, has occurred, is occurring or will occur, the board may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting the act or practice. In this proceeding the court may assess a civil penalty in accordance with the provisions of this act and may enter those orders necessary to prevent the performance of an unlawful practice in the future.

11. The issuance of a certificate by the board shall authorize any certificate holder to perform landscape irrigation contracting in any municipality, county or other political subdivision of the State, and no further examination or special license 1[may] shall1 be required of the certificate holder, except business licenses, permit fees, and such other standard licenses and fees as may be required of any person doing business within the jurisdiction of the political subdivision.

12. This act shall take effect immediately except that section 3 shall remain inoperative for 180 days following enactment.

REGULATED PROFESSIONS

Establishes a Landscape Irrigation Contractors Examining Board in the Department of Environmental Protection to regulate persons in the business of landscape irrigation contracting.

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
Matter enclosed in superscript numerals has been adopted as follows:
1 Senate SLI committee amendments adopted September 24, 1990.