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A1061
ASSEMBLY, No. 1061
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
���� Provides for permit of pool and spa service business
as general contractor for pool and spa building and installation and pool and
spa service contracting.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning pool and spa service businesses and amending
and supplementing P.L.2019, c.22.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.2019,
c.22 (C.45:5A-39) is amended to read as follows:
���� 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
]
P.L.2019,
c.22 (C.45:5A-40)
.
���� "Licensed pool and spa
builder and installer" means a person who is licensed pursuant to the
provisions of section 6 of
[
this
act
]
P.L.2019,
c.22 (C.45:5A-44)
.
���� "Licensed pool and spa
service contractor" means a person who is licensed pursuant to the
provisions of section 6 of
[
this
act
]
P.L.2019, c.22 (C.45:5A-44)
.
���� "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
]
P.L.2019, c.22 (C.45:5A-44)
.
���� "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
business� means a partnership, corporation, or any other business entity
engaged in the management and coordination of all phases of pool and spa
building and installation and pool and spa contracting and holds a valid
business license pursuant to P.L.��� , c. ���(C.����� ) (pending before the
Legislature as this bill).
���� "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.
����
�Subcontractor� means a
partnership, corporation, or any other business entity that is not a pool and
spa business that knowingly enters into a contract with a pool and spa service business
or another subcontractor working with a pool and spa service business in the
fulfillment of a contract issued by a contracting agency.� In the case of a
contract, "subcontractor" shall mean only those subcontractors who
are required by law to be named in the submission of a bid.
(cf: P.L.2019, c.22, s.1)
���� 2.��� (New section)� a.� A
pool and spa service business shall secure a business permit from the Pool and
Spa Service Contractors and Pool and Spa Builders and Installers Advisory
Committee prior to engaging in the performance of any work.
���� b.��� (1) A person or an
officer, partner, employee, or representative who is or will be actively
engaged or on-site on behalf of a pool and spa service business shall be
licensed as a pool and spa builder and installer or a pool and spa service
contractor, or both, in accordance with the provisions of P.L.2019, c.22
(C.45:5A-39 et seq.).
���� (2) A person licensed in
accordance with paragraph (1) of this subsection shall assume full
responsibility for inspection and supervision of work that aligns with the
individual professional license held by the person and is to be provided by the
pool and spa service business for which the person is employed and in
compliance with recognized safety standards.�
���� c.��� The board shall issue a
permit to a business:
���� (1)� where at least one
employee holds a valid pool and spa builder and installer license or pool and
spa contractor license issued by the board;
���� (2)� that pays required
application and renewal fees; and
���� (3)� that meets any additional
requirements established by the board as may be necessary to effectuate the
purposes of P.L.��� , c.� ��(C.����� ) (pending before the Legislature as this
bill).
���� d.��� A business permit issued
under this section shall be renewed every three years.
���� e.��� A pool and spa service
business holding a valid permit shall be authorized to serve as a general
contractor for all aspects of pool and spa building and installation and pool
and spa contracting, provided that all specialized work is performed by appropriately
licensed professionals where required by law.
���� 3.��� (New Section) A
subcontractor performing work under a pool and spa service business shall not
be required to obtain a license under P.L.2019, c.22 (C.45:5A-39 et seq.), but
shall perform work under the supervision of a permitted pool and spa service
business.
���� 4.��� (New Section) The board,
in consultation with the advisory committee shall adopt rules and regulations pursuant
to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.)
necessary to effectuate the purposes of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).
���� 5.��� This act shall take
effect on the first day of the 10th month following enactment, except that the
board, in consultation with the advisory committee, shall take such
anticipatory actions prior to the effective date as may be necessary to
implement the provisions of this act.
STATEMENT
���� This bill provides for the permit
of a pool and spa service business as a general contractor for pool and spa
building and installation and pool and spa service contracting.� The bill
defines �pool and spa service business� as a partnership, corporation, or any
other business entity engaged in the management and coordination of all phases
of pool and spa building and installation and pool and spa contracting and
holds a valid business license.
���� The bill requires that a pool
and spa service business shall secure a business permit from the Pool and Spa
Service Contractors and Pool and Spa Builders and Installers Advisory Committee
prior to engaging in the performance of any work.� The board will issue a
permit to a business:� (1) where at least one employee holds a valid pool and
spa builder and installer license or pool and spa contractor license issued by
the board; (2) that pays required application and renewal fees; and (3) that
meets any additional requirements established by the board.� Business permits
must be renewed every three years.
���� Under the bill, a pool and spa
service business holding a valid permit is authorized to serve as a general
contractor for all aspects of pool and spa building and installation and pool
and spa contracting, provided that all specialized work is performed by
appropriately licensed professionals where required by law.�
���� Finally, the bill establishes
that subcontractors working under a pool and spa service business are not
required to obtain a separate license but are required to perform work under
the supervision of a permitted pool and spa service business.