45:5A-44. Pool and spa service contracting licensure applicant qualifications

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.