N.J. Admin. Code § 7:3A-1.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:3A-1.1 - Scope and authority

(a) Unless otherwise provided by statute, this chapter shall constitute the rules of the Tree Expert and Tree Care Operator Licensing Act, N.J.S.A. 45:15C-11 et seq. (the Act) and shall govern the licensing of tree experts and tree care operators and the registration of businesses engaging in tree care services. The rules are promulgated pursuant to the Act.

(b) The provisions of this chapter do not apply to:

1. Any public utility or any employee of a public utility while engaged in the actual performance of his or her duties as an employee;

2. Any employer under contract with a public utility who is engaged in tree trimming or any other utility vegetation management practice for purpose of line clearance, or any employee of the employer while engaged in the actual performance of duties in regard to tree trimming or other utility vegetation management practice or for the installation of underground facilities or associated construction;

3. Any forestry activities that are conducted under the forest management and stewardship programs approved by the State Forester, provided that tree climbing is not performed, nor are aerial lifts, cranes, or rope and rigging operations;

4. Landscape construction activities, including those performed by, or under the direction of, a landscape architect, or ground based landscape maintenance activities such as pruning, fertilization, insect and disease control, planting, transplanting, and all other forms of ground based landscape maintenance, in compliance with the sections of the American National Standards Institute practice standards set forth by the Board by rule, with applicable safety standards and regulations promulgated by the Federal Occupational Safety and Health Administration, and with any pesticide regulations promulgated by the Department of Environmental Protection. For the purposes of this paragraph, ground based landscape maintenance means operations that do not involve climbing, the use of aerial lifts, cranes, rope, and rigging operations, or the removal of trees over six inches diameter at breast height;

5. Any person or employer that does not offer tree care services for hire;

6. Any trees being removed pursuant to an approved site plan or subdivision approval, provided that the tree removal activities are performed in compliance with the sections of the American National Standards Institute practice standards set forth by the Board by rule, with applicable safety standards and regulations promulgated by the Federal Occupational Safety and Health Administration, and with applicable safety standards of the American National Standards Institute as designated by the Board by rule;

7. Any employee of the State or any of its political subdivisions while engaged in the actual performance of his or her duties as an employee; and

8. Any individual engaging only in the application of pesticides pursuant to a valid pesticide applicator license recognized in this State, and who does not perform any other tree expert services.

N.J. Admin. Code § 7:3A-1.1

Adopted by 49 N.J.R. 743(a), effective 4/17/2017