N.J. Admin. Code § 5:62-5.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:62-5.7 - Exemptions

(a) The following are exempt from obtaining a certificate and/or a business permit pursuant to N.J.S.A. 45:5AA-3.c, as detailed below:

1. Licensed plumbing contractors, as defined at N.J.S.A. 45:14C-2, are exempt from having to obtain a landscape irrigation contractor certificate but not a business permit pursuant to the Act if they are installing landscape irrigation systems as part of their plumbing contracting business. A licensed plumbing contractor who installs landscape irrigation systems as part of his or her plumbing contracting business shall file for a business permit in accordance with this chapter by June 7, 2021, in order for the Board to have a record of such activity and to qualify any subsequent applications for a certificate. The existence of a licensed plumber or plumbing contractor on staff or payroll of a business does not exempt it from having to obtain a business permit and designate a certificate holder in order to advertise, enter into, or engage in the business of landscape irrigation contracting. A landscape irrigation contractor, who may be the owner or an employee of the business engaged in landscape irrigation contracting, shall obtain certification pursuant to the provisions of the Act and this chapter;

2. Officers, employees, and authorized representatives of the United States, the State, or any political subdivision thereof performing work on the property of the public entity;

3. Vendors of landscape irrigation components, materials, or equipment who perform only such functions as delivery, rendering of advice or assistance in installation, normal warranty service, or exchange of defective or damaged goods;

4. 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;

5. Employees engaged in landscape irrigation contracting for a permittee which has a designated certified landscape irrigation contractor;

6. Golf course employees performing work on landscape irrigation systems on the golf course where they are currently employed; and

7. Landscape contractors when replacing sprinkler heads damaged during lawn mowing or grounds maintenance or when making minor incidental repairs to sprinkler piping damaged during landscape construction, except that this exemption shall not apply to the installation of automatic controllers, electric or hydraulic control valves, drip irrigation systems and micro-irrigation systems, or to the performance of irrigation system service or maintenance.

(b) A business permit is not required for landscape irrigation contracting performed by employees of community associations for the community association's landscape irrigation system. "Community association" as used in this subchapter means a condominium, homeowner association, or fee simple, cooperative, or other community association.

1. Any person, including employees of a community association, shall obtain a landscape irrigation contractor certificate to perform landscape irrigation contracting for a community association.

2. Any person performing landscape irrigation contracting for a community association, other than an employee of a community association, shall obtain a business permit to perform landscape irrigation contracting for a community association.

N.J. Admin. Code § 5:62-5.7

Administrative Change, 49 N.J.R. 332(a).

Amended by 52 N.J.R. 2100(b), effective 12/7/2020

New Rule, R.2006 d.435, effective December 18, 2006.
See: 38 N.J.R. 3109(a), 38 N.J.R. 5357(a).
Recodified from N.J.A.C. 7:62-4.8 and amended by R.2014 d.051, effective March 17, 2014.
See: 45 N.J.R. 2296(a), 46 N.J.R. 533(a).
Section was "Plumbers exemption". 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).
In the introductory paragraph of (a), inserted ", as detailed below"; and rewrote (a)1.