45:5A-39. Definitions relative to pool and spa service contractors, builders, and 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 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 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 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 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.2025, c.381 (C.45:5A-47.1 et al.). "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: 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 the draining, acid washing, or backwash filtration of a pool or above-ground pool. Swimming pool service and repair work does not include: 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; the service, repair, and maintenance of any oil or natural or manufactured gas-burning heater's combustion components, heater controls, or combustion safety components; and 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. L.2019, c.22, s.1; amended 2025, c.381, s.1.