STATE OF NEW JERSEY

1 (Sponsorship Updated As Of: 7/27/2018) ASSEMBLY, No. 3772 STATE OF NEW JERSEY 218th LEGISLATURE INTRODUCED APRIL 5, 2018 Sponsored by: Assemblyman WAYNE P. DEANGELO District 14 (Mercer and Middlesex) Assemblywoman ANNETTE QUIJANO District 20 (Union) Senator JAMES BEACH District 6 (Burlington and Camden) Co-Sponsored by: Senator Cryan SYNOPSIS Provides for licensing of pool and spa service contractors, and pool and spa builders and installers. CURRENT VERSION OF TEXT As introduced. A3772 DEANGELO, QUIJANO 2 AN ACT concerning pool and spa service contractors, and pool and 1 spa builders and installers, and supplementing , 2 ( :5A-1 et seq.). 3 4 BE IT ENACTED by the Senate and General Assembly of the STATE 5 of New JERSEY : 6 7 1. As used in this act: 8 Committee means the Pool and Spa Service Contractors and 9 Pool and Spa Builders and Installers Advisory Committee 10 established pursuant to section 2 of this act.

2 11 Licensed pool and spa builder and installer means a person 12 who is licensed pursuant to the provisions of section 6 of this act. 13 Licensed pool and spa service contractor means a person who 14 is licensed pursuant to the provisions of section 6 of this act. 15 Licensee means a person licensed to engage in pool and spa 16 service contracting, or pool and spa building and installation, as the 17 case may be, pursuant to the provisions of section 6 of this act. 18 Pool means a permanent spa or any in-ground or on-ground 19 structure intended for swimming that is greater than twenty-four 20 inches in depth. 21 Pool and spa building and installation means the excavation 22 and grading, construction and installation of pools, tiling and 23 coping, and installation of all circulation equipment including 24 pumps, filters, heaters, sanitizers and chemical feeders.

3 It does not 25 include direct connections to a sanitary sewer system or potable 26 water lines, nor the grounding and bonding of any metal surfaces or 27 the making of any electrical connections, or the direct connection to 28 any natural gas or propane gas source. It also does not include the 29 startup or commissioning of oil, gas, propane or heat pump pool 30 heaters located outside or inside of a structure. 31 Pool and spa service contracting means the performance of all 32 plumbing, heating, and electrical work necessary to service, modify, 33 repair, replace, alter or maintain any pool, including above-ground 34 pool, hot tub, spa or similar recreational or therapeutic equipment, 35 where that work commences at an outlet, receptacle, connection, 36 back-flow preventor or fuel supply pipe previously installed by a 37 person holding the proper license.

4 It shall also mean the service, 38 repair or maintenance of the heating components of spa heaters 39 contained inside of a self-contained spa, electric immersion heaters, 40 and solar pool heaters. Swimming pool service and repair work 41 includes: (1) the renovation or repair of non-potable water 42 components of a pool, above-ground pool, hot tub or spa, including, 43 but not limited to, the shell, concrete finish or vinyl liner of that 44 pool, hot tub or spa; and (2) the draining, acid washing or backwash 45 filtration of a pool or above-ground pool. Swimming pool service 46 and repair work does not include: 47 A3772 DEANGELO, QUIJANO 3 (1) the renovation or repair of non-potable water components of 1 a pool, hot tub or spa required to be installed, renovated or repaired, 2 or the sale, installation, service or maintenance of a heater for a 3 pool, hot tub, or spa, by a licensed electrician, plumber, or HVACR 4 contractor; 5 (2) the service, repair, and maintenance of any oil, natural or 6 manufactured gas burning heater s combustion components, heater 7 controls, or combustion safety components; and 8 (3) the service and repair of free standing heat pump pool 9 heaters, including the refrigerant circuit, heat pump control circuit 10 and devices, or any safety controls.

5 11 12 2. a. There is established within the Division of Consumer 13 Affairs in the Department of Law and Public Safety, under the 14 Board of Examiners of Electrical Contractors, a Pool and Spa 15 Service Contractors and Pool and Spa Builders and Installers 16 Advisory Committee. The committee shall consist of seven 17 members who are residents of this STATE as follows: 18 (1) Two members shall have been pool and spa service 19 contractors for at least five consecutive years immediately 20 preceding their appointments, shall hold a Certified Service 21 Professional credential as issued by the Association of Pool and Spa 22 Professionals or equivalent certification and, except for the 23 members first appointed, shall be licensed under the provisions of 24 this act.

6 25 (2) Two members shall have been pool and spa builders and 26 installers for at least five consecutive years immediately preceding 27 their appointments, shall hold a Certified Builder Professional 28 credential as issued by the Association of Pool and Spa 29 Professionals or equivalent certification and, except for the 30 members first appointed, shall be licensed under the provisions of 31 this act; 32 (3) One member shall be a licensed plumbing inspector 33 employed by a municipality; 34 (4) One member shall be a member of the International 35 Brotherhood of Electrical Workers, AFL-CIO; and 36 (5) One member shall be a public member who meets the 37 requirements pertaining to public members set forth in subsection b.

7 38 of section 2 of , ( ). 39 b. The Governor shall appoint each member for a term of three 40 years, except that of the members first appointed, three shall serve 41 for terms of three years, three shall serve for terms of two years, 42 and one shall serve for a term of one year. 43 c. Any vacancy in the membership of the committee shall be 44 filled for the unexpired term in the manner provided for the original 45 appointment. No member may serve more than two successive 46 terms in addition to any unexpired term to which he has been 47 appointed. 48 A3772 DEANGELO, QUIJANO 4 d. The committee shall annually elect from among its members 1 a chair and vice-chair. The committee shall meet at least twice a 2 year and may hold additional meetings as necessary to discharge its 3 duties.

8 4 5 3. The board, or the committee by the board's delegation, shall 6 have the power to: 7 a. set standards and approve licenses for applicants for a pool 8 and spa service contractor or pool and spa builder and installer 9 license and issue a license to each qualified applicant; 10 b. determine the form and contents of applications for 11 licensure, licenses and identification cards; 12 c. adopt a code of ethics for licensees; 13 d. issue and renew licenses and identification cards; 14 e. set the amount of fees for pool and spa service contractors 15 and pool and spa builders and installers licenses, license renewals, 16 applications, examinations, and other services provided by the 17 board and the committee within the limits provided in subsection b.

9 18 of section 8 of this act; 19 f. refuse to issue or suspend, revoke, or fail to renew the 20 license of a licensee pursuant to the provisions of , 21 ( :1-14 et seq.); 22 g. maintain a record of all applicants for a license; 23 h. maintain and annually publish a record of every licensee, his 24 place of business, place of residence and the date and number of his 25 license; 26 i. take disciplinary action in accordance with , 27 ( :1-14 et seq.) against a licensee or employee who violates 28 any provision of this act or any rule or regulation promulgated 29 pursuant to this act; 30 j. adopt standards and requirements for and approve 31 continuing education programs and courses of study for licensees 32 and their employees; 33 k.

10 Review advertising by licensees; and 34 l. perform other duties as may be necessary to effectuate the 35 purposes of this act. 36 37 4. No person shall advertise that he is authorized to engage in, 38 or engage in pool and spa service contracting or pool and spa 39 building and installation unless he satisfies the requirements of this 40 act. 41 42 5. a. Application for a license to engage in the pool and spa 43 service contracting business or in the pool and spa building and 44 installation business, as the case may be, shall be made to the board 45 in the manner and on the forms as the board, in consultation with 46 the committee, may prescribe. 47 A3772 DEANGELO, QUIJANO 5 b. An application to engage in the pool and spa service 1 contracting business or the pool and spa building and installation 2 business shall include the name, residence and principal business 3 address of the applicant, or in the case of an employee, the principal 4 business address of his employer.