New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 1 - GENERAL PROVISIONS › Section 5:62-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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.