Terms Used In New Jersey Statutes 45:5A-44

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
6. a. An applicant seeking licensure to engage in pool and spa service contracting shall:

(1) Be at least 18 years of age;

(2) Be of good moral character;

(3) Meet qualifications established by the board, in consultation with the committee, regarding experience, continuing education, financial responsibility and integrity; and

(4) Establish the applicant’s qualifications to perform and supervise various phases of pool and spa service contracting as evidenced by successful completion of, and having earned, one of the following: an Association of Pool and Spa Professionals (APSP) certification as a Certified Service Professional (CSP), an APSP certification as a Certified Service Technician (CST), or an APSP, Certified Building Professional (CBP), or for those persons who only service and maintain portable spas, an APSP certification as a Certified Hot Tub Technician (CHTT), or any other certification acceptable to the board in consultation with the committee.

b. An applicant seeking licensure in the pool and spa building and installation business shall:

(1) Be at least 18 years of age;

(2) Be of good moral character;

(3) Meet qualifications established by the board, in consultation with the committee regarding experience, continuing education, financial responsibility and integrity; and

(4) Establish his qualifications to perform and supervise various phases of pool and spa building and installation as evidenced by successful completion of, and having earned, certification as a Certified Builder Professional (CBP) from the Association of Pool and Spa Professionals (APSP) or any other certification acceptable to the board in consultation with the committee.

c. For a period of 24 months following the effective date of this act, any person engaged in business as a pool and spa service contractor shall not be required to submit evidence of the successful completion of the APSP certification as a CSP, CST, CHTT, or CBP, or other recognized certification by the board if that person shows proof of:

(1) references from at least one trade-related business and at least one financial institution sufficient to verify the existence of an established business;

(2) a certificate of good standing less than 30 days old from the Secretary of State, if the applicant is a corporation, limited liability company or limited liability partnership;

(3) a certificate of good standing from the state in which it is incorporated or organized, as well as a certificate of good standing less than 30 days old from the Secretary of State, if the applicant is a foreign corporation, limited liability company, or limited liability partnership applicant; and

(4) three current references from members in good standing of the APSP attesting to the applicant’s familiarity with the knowledge, skills, and abilities relating to the performance of a pool and spa service contractor.

d. For a period of 24 months following the effective date of this act, any person engaged in the pool and spa building and installation business shall not be required to submit evidence of the successful completion of the APSP certification as a CBP, or other recognized certification by the board if that person shows proof of:

(1) references from at least one trade-related business and at least one financial institution sufficient to verify the existence of an established business;

(2) a certificate of good standing less than 30 days old from the Secretary of State, if the applicant is a corporation, limited liability company or limited liability partnership;

(3) a certificate of good standing from the state in which it is incorporated or organized, as well as a certificate of good standing less than 30 days old from the Secretary of State, if the applicant is a foreign corporation, limited liability company or limited liability partnership applicant; and

(4) three current references from members in good standing of the APSP attesting to the applicant’s familiarity with the knowledge, skills and abilities relating to the performance of a pool and spa builder and installer.

L.2019, c.22, s.6.