The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Act" means the Landscape Irrigation Contractor Certification Act of 1991 as amended, N.J.S.A. 45:5AA-1 et seq.
"Advertising" means any attempt by a person to induce, directly or indirectly, by publication, print, electronic media, or any other form of communication, another person to purchase or enter into an agreement to purchase landscape irrigation contracting offered by the person in the advertisement.
"Board" means the Board of Landscape Irrigation Contractors established pursuant to the Act.
"Business permit" means the permit issued by the Board to a person, allowing the person to engage in the business of landscape irrigation contracting, in accordance with the provisions of the Act and this chapter. A person applying for a business permit is known as "the business permit applicant." The person to whom the business permit is issued to is known as the "permittee" or the "business permit holder."
"Candidate" means a natural person who is in the process of obtaining certification, and who also may be known as an "applicant."
"CECs" means continuing education credits as set forth in this chapter.
"Certificate" or "certification" means the certificate issued by the Board pursuant to the Act to a natural person allowing the natural person to do landscape irrigation contracting, in accordance with the provisions of the Act and this chapter.
"Certificate holder" means the natural person to whom the Board has issued the certificate.
"Certified landscape irrigation contractor" means a natural person engaged in the construction, repair, maintenance, improvement, and/or alteration of any portion of a landscape irrigation system who has successfully completed the requirements for certification and has a valid current certificate pursuant to the Act and this chapter.
"Department" means the Department of Community Affairs.
"Designated certificate holder" means the natural person, to whom the Board has issued a certificate for landscape irrigation contracting and who has been designated by the permittee, whose designation has been filed and recorded by the Board, as the person responsible for supervision and inspection of landscape irrigation contracting work to be performed by the permittee pursuant to N.J.A.C. 5:62-3.1.
"Division" means the Division of Codes and Standards.
"Duly authorized representative" means a natural person or company who is designated or retained by the Board to perform administrative, investigative, and/or testing functions.
"Examination" means the Irrigation Association Certified Irrigation Contractor exam, or its equivalent, as determined by the Board.
"Experience" means constructing, repairing, maintaining, improving, or altering of a landscape irrigation system, while employed by a valid business permit holder and under the direct supervision of a New Jersey certified landscape irrigation contractor, except as provided in this definition, and/or educational experience regarding landscape irrigation systems, which the Board may allow to be substituted for actual landscape irrigation experience. Pursuant to N.J.S.A. 45:5AA-4, experience of at least three years shall have been acquired no earlier than 15 years prior to the date of the application. Experience acquired after January 1, 1997, the effective date of the Act, shall be in compliance with the Act. Experience gained while working for an exempt entity, as defined at N.J.A.C. 5:62-5.7(a)1, in landscape irrigation work may be considered by the Board; and experience acquired by the candidate outside New Jersey may be considered by the Board in substitution of New Jersey experience. Such out-of-State experience shall be in compliance with all landscape irrigation laws and regulations, if any, of the applicable jurisdiction, documented and verified in writing, and submitted with the candidate's application for certification. Educational experience shall be accepted by the Board as a substitute for one year's experience only. Such educational substitution shall consist of a minimum of six college credits, or 90 course hours of instruction related to landscape irrigation contracting that is offered by a trade association, a trade school, a college, a manufacturer, or distributor of landscape irrigation contracting equipment, or by a similar source, or by the Board.
"Landscape irrigation contracting" means the construction, repair, maintenance, improvement, and alteration of any portion of a landscape irrigation system, or drip irrigation system, including required wiring within the system and connection to the required power supply and the installation and connection to a public or private water supply system under terms and conditions of a contract. Any such single act or transaction by a person, including the advertising by the person of available services, shall constitute engaging in the business of landscape irrigation contracting.
"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 landscape areas, including drip irrigation systems, integral pumping systems, or integral control systems for manual, semi-automatic, or automatic control of the operation of these systems.
"Natural person" means an individual human being and does not include any: corporation, company, partnership, firm, or association.
"Permittee" means a person who has secured a business permit to engage in the business of landscape irrigation contracting, and who also may be known as a "business permit holder." A person applying for a business permit is known as "the business permit applicant."
"Person" means any natural person, corporation, company, partnership, firm, or association, and any owner or operator of a permittee.
"Registry" means the listing maintained by the Board or its duly authorized representative, of certificate holders and permittees, including each permittee's designated certificate holder.
"Revocation" means a surrender of a certificate and/or business permit, requiring the certified landscape irrigation contractor and/or the permittee to return the certificate and/or business permit to the Board and formally reapply for the examination and/or a business permit at the end of the stated period of surrender.
"Suspension" means a temporary termination of a certificate and/or business permit, requiring the certified landscape irrigation contractor and/or permittee to request the Board to reinstate his or her certificate and/or business permit at the end of the period of temporary termination.
"Water conservation" means a reduction in water use by implementing water efficiency measures or management practices.
N.J. Admin. Code § 5:62-1.4
See: 32 N.J.R. 3888(a), 33 N.J.R. 746(b), 33 N.J.R. 2289(a).
Deleted "Bureau"; in "Certified landscape irrigation contractor", inserted "and has a valid current certificate"; added "Division"; rewrote "Experience".
Amended by R.2006 d.435, effective December 18, 2006.
See: 38 N.J.R. 3109(a), 38 N.J.R. 5357(a).
Added definitions "Business entity", "Registered certificate holder", "Revocation" and "Suspension"; in definition "Certificate", inserted "or 'certification' "; and in definition "Experience", rewrote the second sentence.
Amended by R.2014 d.051, effective March 17, 2014.
See: 45 N.J.R. 2296(a), 46 N.J.R. 533(a).
Rewrote the section.
Amended by R.2020 d.131, effective December 7, 2020.
See: 52 N.J.R. 1317(a), 52 N.J.R. 2100(b).
Rewrote definitions "Board", "Department", "Examination", and "Experience"; and in definition "Duly authorized representative", inserted ",investigative,".