Bill Text: NJ A2206 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides for licensure of landscape professionals and registration of professional landscape businesses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Regulated Professions Committee [A2206 Detail]
Download: New_Jersey-2010-A2206-Introduced.html
Sponsored by:
Assemblyman JOHN F. AMODEO
District 2 (Atlantic)
SYNOPSIS
Provides for licensure of landscape professionals and registration of professional landscape businesses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the licensure of landscape professionals and the registration of professional landscape businesses, amending P.L.1962, c.162 and P.L.2004, c.16, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that landscape activities are a vital part of New Jersey's economy, serve a vital role in the protection of New Jersey's environment, and that professionally installed and maintained landscapes enhance the public health, safety, and well-being.
The Legislature also finds that New Jersey property owners and residents recognize the value of a professionally developed and maintained landscape. An attractive, healthy landscape enriches the community, and enhances the quality of life for all in New Jersey. It reflects positively on the people living and working in the State and enhances property values. A well-maintained and developed property is important to providing a safe, high quality play area for children and pets. A properly developed and maintained landscape also contributes in a positive way to overall air and water quality.
The Legislature further finds that there are no unified Statewide licensing requirements which would encompass the full scope of professional landscape activities.
The Legislature therefore determines that it is appropriate for the State to recognize New Jersey licensed landscape professionals, encourage awareness of and compliance with industry standards, promote safe landscape operations and protect the interests of the public by preventing unqualified individuals or businesses from engaging in landscape activities.
2. (New section) As used in this act:
"Advertise" means to communicate to the public by means of any print, electronic or any other media, including, but not limited to, newspapers, magazines, periodicals, journals, directories, books, circulars, flyers, business cards, signs, radio, telephone, facsimile machine, television, computer, vehicle signage, or the Internet.
"Board" means the Landscape Professional License Review Board established pursuant to section 3 of this act.
"Erosion control" means those activities which contribute to preserve the integrity of the top soil or surface layer of a soil profile and including, but not limited to, plantings, mulching, use of erosion control mats, installation of silt fencing or hay bales, and regrading of topography.
"Grading and drainage" means the execution of grading and drainage plans designed by other licensed professionals who are acting within the scope of their profession, whether by mechanized or manual means to ensure surface and subsurface movement of water to protect property and people and to preserve overall environmental quality.
"Ground based pruning" means landscape operations involving the removal of trees that are less than six inches in diameter at breast height but does not include climbing, use of aerial lifts, cranes, ropes and rigging operations of any kind.
"Hardscaping" means the installation of impervious or pervious vertical or horizontal surfaces or features, including, but not limited to, brick, wood, stone, concrete, or aggregate. These structures include, but are not limited to, walkways, steps, planters, driveways, fences, decks and pergolas.
"Hydro-seeding" means the application of seed, whether alone or mixed with or in combination with nutrients, and mulch materials in a liquefied form by use of hydraulic sprayers.
"Landscape category" means the area of specialization of a landscape professional which includes: landscape management professional; landscape installation professional; and landscape lighting professional.
"Landscape installation professional" means a landscape professional whose work may include the activities of a landscape management professional, and additionally includes all activities related to the installation of exterior and interior landscapes including, but not limited to, the installation and maintenance of plantings and hardscape.
"Landscape lighting professional" means a landscape professional whose work comprises the installation, maintenance, and repair of low voltage landscape lighting systems.
"Landscape management professional" means a landscape professional whose work may include any of the following: the management of residential and commercial turf, other than golf courses, including, but not limited to, the following services: mowing; aeration; de-thatching; fertilization; over-seeding of existing lawn areas; and additionally includes all activities needed to maintain exterior or interior landscapes including, but not limited to, ground based pruning, fertilization, and pest identification and control.
"Landscape professional" means a person who installs, renovates, or maintains all or any part of an exterior or interior landscape environment and includes persons engaged in each of the landscape categories.
"Landscaping" means conducting work associated with erosion control, hardscaping, water features, grading and drainage, hydro-seeding, mulching, lawn establishment by seed or sod, installation, renovation, or maintenance of landscape plants and plantings, fertilization, pest management, root pruning, root excavation, transplanting and all other forms of ground based general tree care and maintenance, ground based pruning, and low-voltage landscape lighting installation and maintenance.
"Low voltage landscape lighting installation and maintenance" means the layout, installation, and maintenance of exterior lighting with a maximum voltage of 30 volts used to enhance the appearance, safety, and use of landscapes, but does not include the direct wiring of a branch circuit to a residential or commercial electrical system.
"Mulching" means the application of mulch by hand or the application of mulch by the use of mechanized blowers and may include the application of all those materials commonly known as mulch including, but not limited to, pine bark, hardwoods, chips, and other organic or inorganic materials, or the redistribution of existing mulch.
"Professional association" means a registered and incorporated organization established in accordance with the laws of the State of New Jersey to promote professional behavior and provide education and whose membership consists of those who work as landscape professionals in any capacity and may also include student members and members who provide allied services to the landscape industry.
"Professional landscape business" means a company that builds, renovates, or maintains exterior and interior landscapes for residential or commercial clients, whether as a sole proprietorship, partnership, corporation, limited liability corporation or any other type of business organization. The professional landscape business may engage in the following: erosion control; hardscaping; water features; grading and drainage; hydro-seeding; mulching; lawn establishment by seed or sod; installation or maintenance of landscape plants and plantings; fertilization; pest management; root pruning; root excavation; transplanting and all other forms of ground based general tree care and maintenance; ground based pruning; and low-voltage landscape lighting installation.
"Supervised agricultural experience" means a planned, documented, practical activity for students who are enrolled in a New Jersey approved agricultural education program under the supervision of a certified teacher which is conducted outside of academic class time and in which students develop and apply agricultural knowledge and skills.
"Water features" means any water containment element constructed as part of a landscape installation and may also include, but is not limited to, fountains, water falls, pools, and ponds.
3. (New section) There is established in the Department of Agriculture the Landscape Professional License Review Board. The board shall consist of 15 members who are residents of the State, as follows: six shall serve as nonvoting members, including one representative from a post-secondary educational institution which offers a landscape or turf management associate degree program, one representative of the New Jersey Agricultural Education Association, one representative of the New Jersey Council of County Vocational Technical Schools, one representative with communications or public relations experience dealing with horticulture, the Director of the Rutgers New Jersey Agricultural Experiment Station, or his designee, and a representative of the Department of Agriculture; and nine shall be voting members, including three landscape installation professionals with at least 10 years experience who are members of professional landscape associations recognized by the Secretary of Agriculture, three landscape management professionals with at least 10 years experience who are members of professional landscape associations recognized by the Secretary of Agriculture, two representatives of the nursery industry with at least 10 years experience, and one public member. Five of the voting members of the board shall constitute a quorum and may exercise the powers of the board at any meeting.
4. (New section) The Governor shall appoint each member of the board, upon the recommendation of the Secretary of Agriculture, for terms of three years, except that of the voting members first appointed: one landscape installation professional shall be appointed to a term of three years, one landscape installation professional shall be appointed for a term of two years, and one landscape installation professional shall be appointed to a term of one year; one landscape management professional shall be appointed to a term of three years, one landscape management professional shall be appointed to a term of two years, and one landscape management professional shall be appointed for a term of one year; one representative of the nursery industry shall be appointed for a term of three years, and one representative of the nursery industry shall be appointed for a term of two years; and the member of the public shall be appointed for a term of two years. The initial voting members, other than the public member, need not be licensed until 180 days following the promulgation of initial regulations by the board to carry out the provisions of this act. Thereafter, the voting members of the board, other than the public member, shall be licensed before appointment. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member of the board may serve more than three successive terms in addition to any unexpired term to which he has been appointed.
5. (New section) The voting members of the board shall be compensated on a per diem basis in the amount of $125 or an amount to be determined by the Secretary of Agriculture, with the approval of the State Treasurer, but not to exceed $175 per diem or $3,500 annually, and shall be reimbursed for actual expenses reasonably incurred in the performance of their official duties. Such moneys shall be paid according to rules and regulations promulgated by the Secretary of Agriculture.
6. (New section) The board shall organize as soon as its membership has been appointed and shall annually select a chairman and vice-chairman from among its voting members and may select a secretary, who need not be a member of the board. The board shall meet at least annually and may hold additional meetings as necessary to discharge its duties.
7. (New section) The board shall:
a Review the qualifications of an applicant for licensure under the act;
b. Establish standards for examinations for licensure;
c. Issue and renew licenses and assess fees therefor;
d. Establish standards for continuing education;
e. Suspend or revoke licenses or registrations for licensure for violations of the act;
f. Maintain a registry of licensees;
g. Adopt a canon of professional ethics;
h. Identify and recognize professional associations;
i. Adopt those regulations necessary to effectuate the purposes of the act;
j. Establish fees by regulation for examinations, applications for licensure, and license renewals. The fees shall be sufficient to defray expenses incurred by the board in the performance of its duties under the act; and
k. Maintain a registry of professional landscape businesses and charge a fee therefor.
8. (New section) a. The board shall develop an examination or designate examinations to evaluate the knowledge, ability, and fitness of applicants to perform as landscape professionals, and shall administer the examinations at least semi-annually at times and places to be determined by the board. The board shall provide for adequate written notice of the time and place of the examinations.
b. All licenses shall be issued on a biennial basis.
c. A person may seek renewal of a license upon submission of a renewal application, and satisfactory evidence to the board that the renewal applicant has successfully completed the continuing education requirements prescribed pursuant to this act, and the payment of a renewal fee established by the board.
9. (New section) No person shall present himself to the public as a licensed landscape professional or use the titles landscape management professional, landscape installation professional, or landscape lighting professional without licensure by the board. A candidate for licensure shall submit satisfactory evidence to the board that he:
a. is at least 18 years of age;
b. is of good moral character;
c. possesses a high school diploma or its equivalent;
d. (1) has completed not less than 90 hours of classroom instruction from an accredited institution in a curriculum consisting of a course or program of study approved by the board, which shall include, but not be limited to standards, specifications and professionalism in landscape operations, legal standards, plant identification, turf management, principles of pruning, and landscape management, and has completed not less than four years of working experience in landscaping or gardening; or
(2) possesses an associate's degree, in a related field, as determined by the board, from an accredited institution and has completed not less than three years of full-time working experience in landscaping or gardening; or
(3) possesses a bachelor's degree, in a related field, as determined by the board, from an accredited institution and has completed not less than two years of full-time working experience in landscaping or gardening after receiving the degree; or
(4) possesses one of the following certifications: certified nursery landscape professional or certified landscape technician; and has completed not less than four years of full-time working experience in landscaping or gardening after receiving the certificate; or
(5) possesses a Master Gardener certificate from Rutgers, The State University of New Jersey and has completed not less than four years of full-time working experience in landscaping or gardening.
10. (New section) a. The board shall:
(1) Establish standards for continuing education of landscape professionals, including the subject matter and content of courses of study, and the number and type of continuing education credits required of a licensed landscape professional as a condition for biennial license renewal;
(2) Approve educational programs offering credit towards the continuing education requirements; and
(3) Approve other equivalent educational programs, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs.
b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit.
11. (New section) The board may in its discretion grant licenses without examination to applicants licensed by other states; provided that equal reciprocity is provided for New Jersey landscape professionals by the law of the applicant's domiciliary state and provided further that the domiciliary state's standards are equal to or comparable to those of this State.
12. (New section) In addition to any other procedure, condition or information required by this act:
a. Every applicant for licensure as a landscape professional shall file a disclosure statement with the board stating whether the applicant has been convicted of any crime, which for the purposes of this act shall mean a violation of any of the following provisions of the New Jersey Code of Criminal Justice, Title 2C of the New Jersey Statutes, or the equivalent under the laws of any other jurisdiction:
(1) Any crime of the first degree;
(2) Any crime which is a second or third degree crime and is a violation of chapter 20 or 21 of Title 2C of the New Jersey Statutes; or
(3) Any other crime which is a violation of N.J.S.2C:5-1, 2C:5-2, 2C:11-2 through 2C:11-4, 2C:12-1, 2C:12-3, 2C:13-1, 2C:14-2, 2C:15-1, subsection a. or b. of 2C:17-1, subsection a. or b. of 2C:17-2, 2C:18-2, 2C:20-4, 2C:20-5, 2C:20-7, 2C:20-9, 2C:21-2 through 2C:21-4, 2C:21-6, 2C:21-7, 2C:21-12, 2C:21-14, 2C:21-15, or 2C:21-19, chapter 27 or 28 of Title 2C of the New Jersey Statutes, N.J.S.2C:30-2, 2C:30-3, 2C:35-5, 2C:35-10, 2C:37-1 through 2C:37-4.
b. The board may refuse to issue or renew, or may suspend or revoke a license, or may refuse to admit a person to an examination for licensure, after notice and hearing, upon a finding that an applicant or licensee:
(1) Has obtained a license or authorization to sit for an examination through fraud, deception, or misrepresentation;
(2) Has conducted work, or allowed work to be conducted under his supervision, in a manner not in compliance with standards approved by the board;
(3) Has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of his business;
(4) Has engaged in gross negligence or gross incompetence;
(5) Has engaged in repeated acts of negligence or incompetence;
(6) Has engaged in occupational misconduct, as determined by the board;
(7) Has been convicted of any crime involving moral turpitude, any crime relating adversely to the activities regulated by the board, or any crime of the first, second, third, or fourth degree;
(8) Has had his authority to engage in the activities regulated by the board revoked or suspended by any other state, agency, or authority;
(9) Has failed to comply with the provisions of this act or any regulation promulgated pursuant thereto, including canons of ethics established by the board;
(10) Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the health, safety, and welfare of the public;
(11) Has engaged in any form of false or misleading advertising or promotional activities; or
(12) Has failed to maintain records required by the board.
c. An applicant whose registration is denied, suspended, or revoked pursuant to this section shall, upon a written request transmitted to the board within 30 calendar days of that action, be afforded an opportunity for a hearing in a manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
d. An applicant shall have the continuing duty to provide any assistance or information requested by the board, and to cooperate in any inquiry, investigation, or hearing conducted by the board.
e. If any of the information required to be included in the disclosure statement changes, or if additional information should be added after the filing of the statement, the applicant shall provide that information to the board, in writing, within 30 calendar days of the change or addition.
f. Notwithstanding the provisions of paragraph (7) of subsection b. of this section, no individual shall be disqualified from registration or shall have registration revoked on the basis of any conviction disclosed if the individual has affirmatively demonstrated to the board clear and convincing evidence of the individual's rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) The nature and responsibility of the position which the convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was committed;
(6) Whether the offense was an isolated or repeated incident;
(7) Any social conditions which may have contributed to the offense; and
(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have had the individual under their supervision.
13. (New section) a. Every professional landscape business shall register biennially with the board as a condition of doing business in this State and shall provide the following information:
(1) The name and residence of the owner or owners of the business;
(2) The principal address of the business, and any branch office or subsidiary of the business;
(3) The names and addresses of every licensed landscape professional employed by the business and the location of each such licensee, if at a branch office other than the business' main office;
(4) Proof of general liability insurance of a type and amount required by the board by regulation;
(5) Proof of workers' compensation insurance coverage required pursuant to chapter 15 of Title 34 of the Revised Statutes.
(6) Proof that at least one person engaged in the professional landscape business, and who primarily works in the field and has responsibility of supervision of not more than 25 employees, is a licensed landscape professional, and that at least one person who is located at each branch office of the professional landscape business is a licensed landscape professional for every additional 10 employees located at the branch office; and
(7) Any other information required by the board.
b. Every professional landscape business required to register under this act shall file an amended registration within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment.
14. (New section) a. Every professional landscape business which is registered pursuant to section 13 of this act shall secure, maintain and file with the board proof of a certificate of commercial general liability insurance in an amount specified by the board, by regulation.
b. Every professional landscape business whose commercial general liability insurance policy is cancelled or non renewed shall submit to the board a copy of the certificate of commercial general liability insurance for a new or replacement policy which meets the requirements of subsection a. of this section before the former policy is no longer effective.
15. (New section) The board may revoke or suspend a registration of any professional landscape business, after notice and hearing, that the business:
a. Has failed to ensure the safe operation of all equipment used in the performance of professional landscape services;
b. Has allowed work to be conducted in a manner not in compliance with standards approved by the board;
c. Has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of his business;
d. Has been found guilty of gross negligence or incompetence;
e. Has had the authority to engage in professional landscape services revoked or suspended by any other state, agency, or authority;
f. Has failed to comply with the provisions of this act or any regulation promulgated pursuant thereto;
g. Has engaged in any form of false or misleading advertising or promotional activities; or
h. Has failed to maintain records required by the board.
16. (New section) a. All professional landscape business registrants shall prominently display their registration numbers within their places of business, in all advertisements distributed within this State, on business documents, contracts and correspondence with consumers of landscaping services in this State, and on all commercial vehicles and trailers registered in this State and leased or owned by registrants and used by registrants for the purpose of providing landscaping improvements.
b. Any invoice, contract or correspondence given by a registrant to a consumer shall prominently contain the toll-free telephone number provided by the board pursuant to section 19 of this act.
17. (New section) a. This act shall supersede any municipal ordinance or regulation that provides for the licensing, certification or registration of landscape professionals or the registration of professional landscape businesses.
b. No municipality shall issue a construction permit for landscaping to any person who is not licensed as a landscape professional or registered as a professional landscape business by the board pursuant to the provisions of this act.
18. (New section) This act shall not deny to any municipality the power to inspect a landscape professional's work or equipment, the work of a landscape professional who performs improvements to commercial property, or the power to regulate the standards and manners in which the landscape professional's work shall be done.
19. (New section) a. The board shall establish and undertake a public information campaign to educate and inform landscape professionals and the consumers of this State of the provisions of this act. The public information campaign shall include, but not be limited to, newsprint, radio, television, and the preparation, printing and distribution of booklets, pamphlets or other written pertinent information.
b. The board shall provide a toll-free telephone number for consumers making inquiries regarding landscape professionals and professional landscape businesses.
20. (New section) a. Every landscaping contract for a purchase price in excess of $500, and all changes in the terms and conditions of the contract, shall be in writing. The contract shall be signed by all parties thereto, and shall clearly and accurately set forth in legible form and in understandable language all terms and conditions of the contract, including but not limited to:
(1) The legal name, business address, and registration number of the professional landscape business;
(2) A copy of the certificate of commercial general liability insurance required of a professional landscape business pursuant to section 14 of this act and the telephone number of the insurance company issuing the certificate; and
(3) The total price or other consideration to be paid by the consumer, including the finance charges.
b. A landscaping contract may be cancelled by a consumer for any reason at any time before midnight of the third business day after the consumer receives a copy of it. The consumer shall notify the professional landscape business of the cancellation in writing, by registered or certified mail, return receipt requested, or by personal delivery, to the address specified in the contract. All moneys paid pursuant to the cancelled contract shall be fully refunded within 30 days of receipt of the notice of cancellation, but shall not include moneys for materials purchased and delivered to the job site prior to the cancellation. If the consumer has executed any credit or loan agreement through the professional landscape business to pay all or part of the contract, the agreement or note shall be cancelled without penalty to the consumer and written notice of that cancellation shall be mailed to the consumer within 30 days of receipt of the notice of cancellation. The contract shall contain a conspicuous notice printed in at least 10-point bold-faced type as follows:
"NOTICE TO CONSUMER:
YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER:
1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:
(Name of Professional Landscape Business)
(Address of Professional Landscape Business)
(Phone Number of Professional Landscape Business)
If you cancel this contract within the three-day period, you are entitled to a full refund of your money, except for expenditures for materials purchased and delivered to the job site prior to the cancellation. Refunds must be made within 30 days of the receipt by the professional landscape business of the cancellation notice."
21. (New section) The provisions of this act shall not apply to:
a. Any person regulated by the State as a certified landscape architect who is acting within the scope of his profession;
b. Any person performing landscape activities upon a residential or non-commercial property owned by that person, or by the person's family or by any person performing landscape activities upon a residential or non-commercial property owned by a bona fide charity or other non-profit organization;
c. Any student who is participating in a supervised agricultural experience;
d. Any tree installation, removal or maintenance that is conducted for agricultural or horticultural purposes on agricultural lands;
e. Any golf course employee whose sole responsibility is the management of golf course turf and landscaped areas;
f. Any excavation activities of excavation companies that solely involve: grading, drainage, seeding, and the application of erosion control measures in conjunction with excavation for new residential or commercial building construction; excavation for construction of additions to residential or commercial structures; septic system installation or repair; utility installations; or retaining wall installation to improve drainage or for erosion control;
g. Any activities of a fence installation company when that company is solely engaged in the installation of fences; and
h. Any activities of a swimming pool installation company when that company is solely engaged in the installation of swimming pools.
22. (New section) For a period of 730 days from the date regulations are promulgated pursuant to the provisions of this act, any individual of good moral character who was residing in this State on the effective date of this act shall qualify as a licensed landscape professional, upon application for licensure and payment of the appropriate fee, if the individual:
a. possesses an associate's degree, in a related field, as determined by the board, from an accredited institution and has completed not less than three years of full-time working experience in landscaping or gardening; or
b. possesses a bachelor's degree, in a related field, as determined by the board, from an accredited institution and has completed not less than two years of full-time working experience in landscaping or gardening after receiving the degree; or
c. possesses one of the following certifications: certified nursery landscape professional or certified landscape technician; and has completed not less than four years of full-time working experience in landscaping or gardening after receiving the certificate; or
d. possesses a Master Gardener certificate from Rutgers, The State University of New Jersey and has completed not less than four years of full-time working experience in landscaping or gardening; or
e. has a total of at least 10 years of full-time diversified professional experience in landscaping of a grade and character acceptable to the board, and has completed on or before the effective date of this act not less than 18 hours of classroom instruction from an accredited institution in a curriculum consisting of a course or program of study, which shall include, but not be limited to, standards, specifications and professionalism in landscape operations, legal standards, plant identification, turf management, principles of pruning, and landscape management.
23. (New section) a. In addition to suspension or revocation of a license or registration, the board may levy a fine, not to exceed $5,000 for a first violation, and not to exceed $10,000 for a second or subsequent violation of this act. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. The civil penalty shall be issued for and recovered by and in the name of the board, and shall be collected by summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), including reimbursement for the cost of investigation and legal fees.
b. In addition to any other penalty provided by law, a person who knowingly violates any of the provisions of this act is guilty of a crime of the fourth degree. For the purposes of this subsection, each violation shall constitute a separate offense.
24. (New section) All fees and penalties collected pursuant to this act shall be deposited with the Department of Agriculture, and their use shall be authorized by the board for the purposes of carrying out the provisions of this act.
25. Section 18 of P.L.1962, c.162 (C.45:5A-18) is amended to read as follows:
18. Electrical work or construction which is performed on the following facilities or which is by or for the following agencies shall not be included within the business of electrical contracting so as to require the securing of a business permit under this act:
(a) Minor repair work such as the replacement of lamps and fuses.
(b) The connection of portable electrical appliances to suitable permanently installed receptacles.
(c) The testing, servicing or repairing of electrical equipment or apparatus.
(d) Electrical work in mines, on ships, railway cars, elevators, escalators or automotive equipment.
(e) Municipal plants or any public utility as defined in R.S.48:2-13, organized for the purpose of constructing, maintaining and operating works for the generation, supplying, transmission and distribution of electricity for electric light, heat, or power.
(f) A public utility subject to regulation, supervision or control by a federal regulatory body, or a public utility operating under the authority granted by the State of New Jersey, and engaged in the furnishing of communication or signal service, or both, to a public utility, or to the public, as an integral part of a communication or signal system, and any agency associated or affiliated with any public utility and engaged in research and development in the communications field.
(g) A railway utility in the exercise of its functions as a utility and located in or on buildings or premises used exclusively by such an agency.
(h) Commercial radio and television transmission equipment.
(i) Construction by any branch of the federal government.
(j) Any work with a potential of less than 10 volts.
(k) Repair, manufacturing and maintenance work on premises occupied by a firm or corporation, and installation work on premises occupied by a firm or corporation and performed by a regular employee who is a qualified journeyman electrician registered pursuant to section 3 of P.L.2001, c.21 (C.45:5A-11.1).
(l) Installation, repair or maintenance performed by regular employees of the State or of a municipality, county, or school district on the premises or property owned or occupied by the State, a municipality, county, or school district; provided that a regular employee of the State, municipality, county or school district performing this work is a qualified journeyman electrician registered pursuant to section 3 of P.L.2001, c.21 (C.45:5A-11.1), or holds any civil service title with a job description which includes electrical work pursuant to the "Civil Service Act," N.J.S.11A:1-1 et seq., or regulations adopted pursuant thereto, or any employee of a State authority who has completed an apprenticeship training program approved by the United States Department of Labor, Bureau of Apprenticeship Training, that deals specifically with electrical work, and is of a minimum duration of three years.
Any regular employee of the State, or of a municipality, county or school district who has submitted his registration application to the board for registration as a qualified journeyman electrician shall be permitted to continue to perform work pursuant to this subsection until such time as the board acts upon hs application. Any applicant whose registration application is not approved by the board shall no longer be permitted to perform electrical work pursuant to this subsection.
(m) The maintaining, installing or connecting of automatic oil, gas or coal burning equipment, gasoline or diesel oil dispensing equipment and the lighting in connection therewith to a supply of adequate size at the load side of the distribution board.
(n) Work performed by a person on a dwelling that is occupied solely as a residence for himself or for a member or members of his immediate family.
(o) (Deleted by amendment, P.L.1997, c.305).
(p) Any work performed by a landscape irrigation contractor which has the potential of not more than 30 volts involving the installation, servicing, or maintenance of a landscape irrigation system as this term is defined by section 2 of [this amendatory and supplementary act] P.L.1985, c.289 (C.45:5A-18.1). Nothing in this act shall be deemed to exempt work covered by this subsection from inspection required by the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) or regulations adopted pursuant thereto.
(q) Any work performed by a person certified pursuant to sections 1 through 10 of P.L.2001, c.289 (C.52:27D-25n through C.52:27D-25w) that is not branch circuit wiring. For the purposes of this subsection, "branch circuit wiring" means the circuit conductors between the final overcurrent device protecting the circuit and one or more outlets. A certificate holder shall be deemed to have engaged in professional misconduct for the purposes of section 8 of P.L.1978, c.73 (C.45:1-21) for violating the provisions of this subsection.
(r) Any work performed by an alarm business, as that term is defined by section 2 of P.L.1985, c.289 (C.45:5A-18.1), licensed pursuant to P.L.1997, c.305 (C.45:5A-23 et seq.) that is not branch circuit wiring. For the purposes of this subsection, "branch circuit wiring" means the circuit conductors between the final overcurrent device protecting the circuit and one or more outlets. A licensee shall be deemed to have engaged in professional misconduct for the purposes of section 8 of P.L.1978, c.73 (C.45:1-21) for violating the provisions of this subsection.
(s) Any work performed by a landscape professional engaged in low voltage landscape lighting installation and maintenance as defined by section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill)
The board may also exempt from
the business permit provisions of this act such other electrical activities of
like character which in
the board's opinion warrant exclusion from the provisions of this act.
(cf: P.L.2009, c.284, s.1)
26. Section 5 of P.L.2004, c.16 (C.56:8-140) is amended to read as follows:
5. The provisions of this act shall not apply to:
a. Any person required to register pursuant to "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467
(C.46:3B-1 et seq.);
b. Any person performing a home improvement upon a residential or non-commercial property he owns, or that is owned by a member of his family, a bona fide charity, or other non-profit organization;
c. Any person regulated by the State as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, or any other person in any other related profession requiring registration, certification, or licensure by the State, who is acting within the scope of practice of his profession;
d. Any person who is employed by a community association or cooperative corporation;
e. Any public utility as defined under R.S.48:2-13;
f. Any person licensed under the provisions of section 16 of P.L.1960, c.41 (C.17:16C-77); [and]
g. Any home improvement retailer with a net worth of more than $50,000,000, or employee of that retailer; and
h. Any person licensed as a landscape professional under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
(P.L.2004, c.16, s.5)
27. This act shall take effect on the 90th day following enactment.
STATEMENT
This bill establishes licensing requirements for landscape professionals. As defined in the bill, "landscape professional" means a person who installs, renovates, or maintains all or any part of the exterior or interior landscape environment and includes persons engaged in each of the landscape categories. The bill defines "landscape category" as an area of specialization of a landscape professional which includes: landscape management professional; landscape installation professional; and landscape lighting professional.
The bill also establishes the Landscape Professional License Review Board in the Department of Agriculture. The board shall consist of 15 members who are residents of the State, as follows: six shall serve ex officio and as nonvoting members, including one representative from a post-secondary educational institution which offers a landscape or turf management associate degree program, one representative of the New Jersey Agricultural Education Association, one representative of the New Jersey Council of County Vocational Technical Schools, one representative with communications or public relations experience dealing with horticulture, the Director of the Rutgers New Jersey Agriculture Experiment Station, or his designee, and a representative of the Department of Agriculture; and nine of whom shall be voting members, including three landscape installation professionals with at least 10 years experience who are members of professional landscape associations recognized by the Secretary of Agriculture, three landscape management professionals with at least 10 years of experience who are members of professional landscape associations recognized by the Secretary of Agriculture, two representatives of the nursery industry with at least 10 years of experience, and one public member.
In addition, the bill requires licensed landscape professionals to complete continuing education requirements as a condition of biennial license renewal. The board shall: establish standards for continuing education of landscape professionals, including the subject matter and content of courses of study, and the number and type of continuing education credits required of a licensed landscape professional as a condition for biennial license renewal; approve educational programs offering credit towards the continuing education requirements; and approve other equivalent educational programs, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit.
The bill also stipulates that every professional landscape business shall register biennially with the board as a course of doing business in this State and shall provide the following information: the name and residence of the owner or owners of the business; the principal address of the business, and any branch office or subsidiary of the business; the names and addresses of every licensed landscape professional employed by the business and the location of each such licensee, if at a branch office other than the business' main office; proof of general liability insurance of a type and amount required by the board by regulation; proof that at least one person engaged in the professional landscape business, and who primarily works in the field and has responsibility of supervision of not more than 25 employees, is a licensed landscape professional, and that at least one person who is located at each branch office of the profession landscape business is a licensed landscape professional for every additional 10 employees located at the branch office; and any other information required by the board.
The bill requires all landscaping contracts in excess of $500, and amendments thereto, to be in writing and to be in clear and understandable language. The bill requires that landscaping contracts include: the legal name, business address, and registration number of the professional landscape business; a copy of the certificate of commercial general liability insurance required of a professional landscape business and the telephone number of the insurance company issuing the certificate; and the total price to be paid by the consumer, including the finance charges.
The bill permits a consumer to cancel a landscaping contract for any reason at any time before midnight of the third business day after the consumer receives a copy of the contract. The bill requires that the contract contain a conspicuous notice informing the consumer of the right to cancel a landscaping contract within three business days of signing.
The bill requires the Landscape Professional License Review Board to conduct a program of public education to educate and inform landscape professionals and consumers of the bill's provisions. The bill also requires the board to provide a toll-free telephone number for consumers making inquiries regarding landscape professionals and professional landscaping businesses.
