Public Notice of Re-adoption with Amendments
Landscape Irrigation Contractors N.J.A.C. 7:62

Take notice that the Landscape Irrigation Contractors Examining Board (Board) is proposing re-adoption with amendments to N.J.A.C. 7:62, Landscape Irrigation Contractors.   The Board regulates persons who engage in the business of landscape irrigation contracting within the State of New Jersey.  A statement of the substance of the proposal follows:   Included are proposed amendments for becoming and remaining a certified landscape irrigation contractor, requiring a business permit to advertise, enter into or engage in the business of landscape irrigation contracting, requiring a business permittee to have a designated certificate holder who inspects and supervises the landscape irrigation contracting work performed by the permittee, requiring continuing education credit (CEC) process for landscape irrigation contractor certification renewal, and to enforce the Act and the regulations.  Included are proposed revisions that clarify and update certain rules for the benefit of the regulated community, landscape irrigation contracting, and the public.

Proposed amendments include the following:  new definitions and/or revisions to existing definitions for advertising, landscape irrigation contracting, business permit, natural person,  person, candidate, duly authorized representative, certificate, examination, experience, landscape irrigation contracting, permittee, designated certificate holder, registry, revocation, suspension, water conservation, and the acronym (CECs) for continuing education credits. Proposed amendments are also included to clarify the requirements for certification renewal. The Board also proposes CEC requirements, along with the process for obtaining them, the amount and types of CECs needed, how many CECs can be carried forward for subsequent certification renewal, and the consequences for failing to obtain the required CECs.  In order to reassure certificate holders that CECs acquired on or after July 15, 2010, will be accepted for certificate renewals expiring January 31, 2014 and January 31, 2015, the Board is proposing amendments to reflect these timeframes.  The Board is proposing requirements for offering CECs along with reporting requirements for CEC training.  In addition, the Board is proposing to require a business permit to engage in the business of landscape irrigation contracting.  These proposed amendments set forth the requirement to obtain/maintain a business permit along with the uses for the business permit number. The Board’s proposed amendments include that 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. Amendments proposed by the Board distinguish those exempt from the certificate requirement and those exempt from the business permit requirement.  The proposed amendments also notify the regulated community that compliance with the Landscape Irrigation Contractor Certification Act as amended by P.L. 2009, c. 229 and the implementing rules does not release  requirements to comply with other statutes and regulations.  The proposed amendments would permit the Board to take actions and remedies against a certificate holder or a business permittee, including, among other actions, revocation or suspension of a certificate or a business permit and/or the assessment of civil administrative penalties, and to take actions against other violators of the Act and the implementing rules, including the assessment of civil administrative penalties.  The regulation provides that persons subject to certain enforcement actions are entitled to a hearing and sets forth that process.  The Board proposed amendments include a civil administrative base penalty matrix that will be used by the Board in assessing civil administrative penalties, and procedures for issuing enforcement documents.

The proposal is scheduled to be published in the New Jersey Register dated October 21, 2013A copy of the proposal is available from: https://dep.nj.gov/wp-content/uploads/rules/proposals/20131021a.pdf, LexisNexis Customer Service at (800)223-1944 or https://www.lexisnexis.com/hottopics/njoal/.  Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Written comments may be submitted electronically by December 20, 2013 at https://nj.gov/dep/rules/comments/; or in hard copy to:

Linda Cantwell
DEP Docket Number 06-13-09
NJ Department of Environmental Protection
Bureau of Licensing & Pesticide Operations
Mail Code 401-04E; PO Box 420
401 East State Street, 4th Floor
Trenton, NJ 08625-0420