N.J.S.A. 45:5A-39 — Definitions relative to pool and spa service contractors, builders, an installers

45:5A-39. Definitions relative to pool and spa service contractors, builders, an installers 1. As used in this act: "Committee" means the Pool and Spa Service Contractors and Pool and Spa Builders and Installers Advisory Committee established pursuant to section 2 of this act. "Licensed pool and spa builder and installer" means a person who is licensed pursuant to the provisions of section 6 of this act. "Licensed pool and spa service contractor" means a person who is licensed pursuant to the provisions of section 6 of this act. "Licensee" means a person licensed to engage in pool and spa service contracting, or pool and spa building and installation, as the case may be, pursuant to the provisions of section 6 of this act. "Pool" means a permanent spa or any in-ground or on-ground structure intended for swimming that is greater than twenty-four inches in depth. "Pool and spa building and installation" means the excavation and grading, construction and installation of pools, tiling and coping, and installation of all circulation equipment including pumps, filters, heaters, sanitizers and chemical feeders. It does not include direct connections to a sanitary sewer system or potable water lines, nor the grounding and bonding of any metal surfaces or the making of any electrical connections, or the direct connection to any natural gas or propane gas source. It also does not include the startup or commissioning of oil, gas, propane or heat pump pool heaters located outside or inside of a structure. "Pool and spa service contracting" means the performance of all plumbing, heating, and electrical work necessary to service, modify, repair, replace, alter or maintain any pool, including above-ground pool, hot tub, spa or similar recreational or therapeutic equipment, where that work commences at an outlet, receptacle, connection, back-flow preventor or fuel supply pipe previously installed by a person holding the proper license. It shall also mean the service, repair or maintenance of the heating components of spa heaters contained inside of a self-contained spa, electric immersion heaters, and solar pool heaters. Swimming pool service and repair work includes: (1) the renovation or repair of non-potable water components of a pool, above-ground pool, hot tub or spa, including, but not limited to, the shell, concrete finish or vinyl liner of that pool, hot tub or spa; and (2) the draining, acid washing or backwash filtration of a pool or above-ground pool. Swimming pool service and repair work does not include: (1) the renovation or repair of non-potable water components of a pool, hot tub or spa required to be installed, renovated or repaired, or the sale, installation, service or maintenance of a heater for a pool, hot tub, or spa, by a licensed electrician, plumber, or HVACR contractor; (2) the service, repair, and maintenance of any oil, natural or manufactured gas burning heater's combustion components, heater controls, or combustion safety components; and (3) the service and repair of free standing heat pump pool heaters, including the refrigerant circuit, heat pump control circuit and devices, or any safety controls. L.2019, c.22, s.1. 45:5A-40. "Pool and Spa Service Contractors and Pool and Spa Builders and Installers Advisory Committee" 2. a. There is established within the Division of Consumer Affairs in the Department of Law and Public Safety, under the Board of Examiners of Electrical Contractors, a "Pool and Spa Service Contractors and Pool and Spa Builders and Installers Advisory Committee." The committee shall consist of seven members who are residents of this State as follows: (1) Two members shall have been pool and spa service contractors for at least five consecutive years immediately preceding their appointments, shall hold a Certified Service Professional credential as issued by the Association of Pool and Spa Professionals or equivalent certification and, except for the members first appointed, shall be licensed under the provisions of this act; (2) Two members shall have been pool and spa builders and installers for at least five consecutive years immediately preceding their appointments, shall hold a Certified Builder Professional credential as issued by the Association of Pool and Spa Professionals or equivalent certification and, except for the members first appointed, shall be licensed under the provisions of this act; (3) One member shall be a licensed plumbing inspector employed by a municipality; (4) One member shall be a member of the International Brotherhood of Electrical Workers, AFL-CIO; and (5) One member shall be a public member who meets the requirements pertaining to public members set forth in subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2). b. The Governor shall appoint each member for a term of three years, except that of the members first appointed, three shall serve for terms of three years, three shall serve for terms of two years, and one shall serve for a term of one year. c. Any vacancy in the membership of the committee shall be filled for the unexpired term in the manner provided for the original appointment. No member may serve more than two successive terms in addition to any unexpired term to which he has been appointed. d. The committee shall annually elect from among its members a chair and vice-chair. The committee shall meet at least twice a year and may hold additional meetings as necessary to discharge its duties. L.2019, c.22, s.2.

This is the verbatim text of N.J.S.A. 45:5A-39, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.