S. 840 2
4. "LANDSCAPE IRRIGATION CONTRACTING" MEANS THE CONSTRUCTION, INSTAL-
LATION, REPAIR AND MAINTENANCE OF ANY PORTION OF A LANDSCAPE IRRIGATION
SYSTEM, BUT SHALL NOT INCLUDE MINOR MAINTENANCE AND REPAIRS AS DEFINED
BY THE SECRETARY UNDER THE POWERS GRANTED TO THE SECRETARY UNDER SECTION
SIX HUNDRED NINETY-EIGHT-C OF THIS ARTICLE.
5. "LANDSCAPE IRRIGATION CONTRACTOR" MEANS A PERSON WHO IS CERTIFIED
TO DO LANDSCAPE IRRIGATION CONTRACTING.
6. "LANDSCAPE IRRIGATION CONTRACTOR CERTIFICATE" OR "CERTIFICATE"
MEANS THE CERTIFICATE ISSUED BY THE SECRETARY.
7. "LANDSCAPE IRRIGATION SYSTEM" MEANS ANY ASSEMBLAGE OF COMPONENTS,
MATERIALS OR SPECIAL EQUIPMENT WHICH IS CONSTRUCTED AND PERMANENTLY
INSTALLED PREDOMINANTLY UNDERGROUND FOR CONTROLLED DISPERSION OF WATER
FROM ANY SAFE AND SUITABLE SOURCE, INCLUDING PROPERLY TREATED WASTEWA-
TER, FOR THE PURPOSE OF IRRIGATING LANDSCAPE VEGETATION OR THE CONTROL
OF DUST AND EROSION ON LANDSCAPED AREAS, INCLUDING INTEGRAL PUMPING
SYSTEMS OR INTEGRAL CONTROL SYSTEMS FOR MANUAL, SEMI-AUTOMATIC OR AUTO-
MATIC CONTROL OF THE OPERATION OF THESE SYSTEMS.
8. "DIRECT SUPERVISION" MEANS A PERSON ACTING UNDER THE INSTRUCTIONS
AND CONTROL OF AN INDIVIDUAL CERTIFIED TO CONDUCT LANDSCAPE IRRIGATION
CONTRACTING.
S 698-B. CERTIFICATION REQUIRED. 1. NO PERSON SHALL ENGAGE IN THE
BUSINESS OF LANDSCAPE IRRIGATION CONTRACTING OR ADVERTISE AS BEING ABLE
SO TO DO UNLESS SUCH PERSON HAS OBTAINED FROM THE SECRETARY A CERTIF-
ICATE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
2. AN AUTOMATIC LANDSCAPE IRRIGATION SYSTEM, INSTALLED AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, SHALL BE EQUIPPED WITH AN AUTOMATIC RAIN
SENSOR DEVICE OR SWITCH THAT WILL OVERRIDE THE IRRIGATION CYCLE OF THE
AUTOMATIC LANDSCAPE IRRIGATION SYSTEM WHEN ADEQUATE RAINFALL HAS
OCCURRED. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO AN IRRI-
GATION SYSTEM INSTALLED TO IRRIGATE ANY FIELD CROPS, GRAIN, SOY BEANS,
HAY, FRUITS, VEGETABLES, CHRISTMAS TREES, HORTICULTURAL SPECIALTIES TO
BE OFFERED FOR SALE, INCLUDING NURSERY STOCK, ORNAMENTAL SHRUBS, ORNA-
MENTAL TREES, FLOWERS, AND TURF ON TURF FARMS.
3. THE FOLLOWING SHALL NOT BE REQUIRED TO BE CERTIFIED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION:
(A) AN EMPLOYEE WORKING UNDER THE DIRECT SUPERVISION OF A PERSON
CERTIFIED TO ENGAGE IN THE BUSINESS OF LANDSCAPE IRRIGATION CONTRACTING;
(B) A LANDSCAPE ARCHITECT LICENSED PURSUANT TO ARTICLE ONE HUNDRED
FORTY-EIGHT OF THE EDUCATION LAW;
(C) A PROFESSIONAL ENGINEER LICENSED PURSUANT TO ARTICLE ONE HUNDRED
FORTY-FIVE OF THE EDUCATION LAW;
(D) AN ARCHITECT LICENSED PURSUANT TO ARTICLE ONE HUNDRED FORTY-SEVEN
OF THE EDUCATION LAW;
(E) A HOMEOWNER WHO INSTALLS A LANDSCAPE IRRIGATION SYSTEM AT HIS OR
HER PLACE OF RESIDENCE;
(F) A BUSINESS OWNER WHO INSTALLS A LANDSCAPE IRRIGATION SYSTEM AT HIS
OR HER PLACE OF BUSINESS; AND
(G) ANYONE INSTALLING AN IRRIGATION SYSTEM TO IRRIGATE ANY FIELD
CROPS, GRAIN, SOY BEANS, HAY, FRUITS, VEGETABLES, CHRISTMAS TREES,
HORTICULTURAL SPECIALTIES TO BE OFFERED FOR SALE, INCLUDING NURSERY
STOCK, ORNAMENTAL SHRUBS, ORNAMENTAL TREES, FLOWERS, AND TURF ON TURF
FARMS.
S 698-C. POWERS OF THE SECRETARY OF STATE. IN ADDITION TO THE POWERS
AND DUTIES PRESCRIBED ELSEWHERE IN THIS ARTICLE, THE SECRETARY SHALL
HAVE THE POWER TO:
S. 840 3
1. APPOINT AN ADEQUATE NUMBER OF ASSISTANTS, INSPECTORS AND OTHER
EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE, TO PRESCRIBE DUTIES, AND TO FIX COMPENSATION WITHIN THE AMOUNT
APPROPRIATED THEREFOR.
2. REVIEW THE QUALIFICATIONS OF APPLICANTS SEEKING CERTIFICATES UNDER
THIS ARTICLE.
3. KEEP RECORDS OF ALL CERTIFICATES ISSUED, SUSPENDED OR REVOKED.
4. PREPARE A MANUAL OF RULES AND REGULATIONS FOR THE CONDUCT OF EXAM-
INATIONS AND TO FURNISH COPIES THEREOF TO PERSONS DESIRING A COPY OF
SUCH RULES AND REGULATIONS UPON THE RECEIPT OF A REASONABLE FEE THERE-
FOR.
5. ADOPT SUCH RULES AND REGULATIONS CONSISTENT WITH THE PROVISIONS OF
THIS ARTICLE, AS MAY BE NECESSARY WITH RESPECT TO THE FORM AND CONTENT
OF APPLICATIONS FOR CERTIFICATES AND THE RECEPTION THEREOF, THE INVESTI-
GATION, EXAMINATION AND QUALIFICATIONS OF APPLICANTS AND GENERAL RULES
REGARDING THE INSTALLATION OF LANDSCAPE IRRIGATION SYSTEMS.
6. ADOPT ANY OTHER MATTERS INCIDENTAL OR APPROPRIATE TO THE POWERS AND
DUTIES AS THE SECRETARY PRESCRIBED BY THIS ARTICLE AND FOR THE PROPER
ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS ARTICLE.
7. AMEND OR REPEAL ANY OF SUCH RULES AND REGULATIONS CONSISTENT WITH
THE PROVISIONS IN THIS ARTICLE.
S 698-D. ADVISORY COMMITTEE. 1. THERE SHALL BE ESTABLISHED WITHIN THE
DEPARTMENT AN ADVISORY COMMITTEE WHICH SHALL CONSIST OF SEVEN MEMBERS
BROADLY REPRESENTING THE LANDSCAPE IRRIGATION CONTRACTING INDUSTRY. THE
SECRETARY SHALL APPOINT SUCH PERSONS TO SERVE ON THE COMMITTEE,
PROVIDED, THAT TWO SHALL BE APPOINTED BY THE SECRETARY ON THE RECOMMEN-
DATION OF THE TEMPORARY PRESIDENT OF THE SENATE AND TWO SHALL BE
APPOINTED BY THE SECRETARY ON THE RECOMMENDATION OF THE SPEAKER OF THE
ASSEMBLY. THE SECRETARY SHALL APPOINT A CHAIRPERSON. EACH MEMBER SHALL
BE APPOINTED FOR A TERM OF TWO YEARS. ANY MEMBER MAY BE REAPPOINTED TO
SERVE ADDITIONAL TERMS. IN MAKING SAID APPOINTMENTS THE SECRETARY WILL
GIVE CONSIDERATION TO INSURING ADEQUATE GEOGRAPHIC REPRESENTATION.
2. THE ADVISORY COMMITTEE SHALL ADVISE THE SECRETARY ON ALL MATTERS
RELATING TO THIS ARTICLE, AND ON OTHER SUCH MATTERS AS THE SECRETARY
SHALL REQUEST.
S 698-E. EXAMINATION. 1. THE SECRETARY SHALL DEVELOP, OR CAUSE TO BE
DEVELOPED, A WRITTEN EXAMINATION TO EVALUATE THE KNOWLEDGE, ABILITY, AND
FITNESS OF APPLICANTS TO PERFORM AS LANDSCAPE IRRIGATION CONTRACTORS.
2. THE EXAMINATION FEE SHALL BE ONE HUNDRED DOLLARS.
S 698-F. APPLICATION AND CERTIFICATION. 1. A PERSON SEEKING CERTIF-
ICATION AS A LANDSCAPE IRRIGATION CONTRACTOR SHALL APPLY THEREFOR ON
FORMS PRESCRIBED AND PROVIDED BY THE SECRETARY, AND PAY THE APPLICATION
FEE. IN ADDITION TO ANY OTHER INFORMATION OR DOCUMENTS THAT MAY BE
REQUIRED BY THE SECRETARY, EACH APPLICANT SHALL SUBMIT SATISFACTORY
EVIDENCE THAT THE APPLICANT:
(A) IS AT LEAST EIGHTEEN YEARS OF AGE;
(B) HAS PASSED THE EXAMINATION REQUIRED PURSUANT TO SUBDIVISION ONE OF
SECTION SIX HUNDRED NINETY-EIGHT-E OF THIS ARTICLE; AND
(C) HAS A MINIMUM OF SIX MONTHS OF EXPERIENCE IN THE FIELD OF LAND-
SCAPE IRRIGATION.
2. AFTER SUCCESSFULLY PASSING THE DESIGNATED EXAMINATION ANY PERSON
DESIRING A CERTIFICATE TO ENGAGE IN THE BUSINESS OF LANDSCAPE IRRIGATION
CONTRACTING MAY MAKE APPLICATION TO THE SECRETARY THEREFOR. THE APPLI-
CATION SHALL BE SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY THE APPLI-
CANT AS TRUE UNDER THE PENALTIES OF PERJURY. THE APPLICATION SHALL BE
IN SUCH FORM AND SHALL CONTAIN SUCH INFORMATION RELATIVE TO THE APPLI-
S. 840 4
CANT AND HIS OR HER QUALIFICATIONS AS MAY BE PRESCRIBED BY THE SECRE-
TARY. EACH APPLICATION SHALL BE ACCOMPANIED BY EVIDENCE OF THE APPLICANT
HAVING SUCCESSFULLY PASSED THE EXAMINATION REQUIRED PURSUANT TO THIS
ARTICLE. UPON RECEIPT OF THE APPLICATION AND FEE, THE SECRETARY SHALL
ISSUE TO SUCH QUALIFIED APPLICANT A CERTIFICATE TO ENGAGE IN THE BUSI-
NESS OF LANDSCAPE IRRIGATION CONTRACTING. THE CERTIFICATE SHALL EXPIRE
TWO YEARS FROM THE DATE OF ISSUANCE.
3. THE APPLICATION FEE SHALL BE ONE HUNDRED DOLLARS.
S 698-G. RENEWAL OF CERTIFICATE. 1. THE SECRETARY SHALL DEVELOP AND
ESTABLISH, IN CONSULTATION WITH THE ADVISORY COMMITTEE ESTABLISHED
PURSUANT TO SECTION SIX HUNDRED NINETY-EIGHT-D OF THIS ARTICLE, RULES
AND REGULATIONS PERTAINING TO REQUIREMENTS FOR CONTINUING EDUCATION OF
CERTIFICATE HOLDERS. THE FEE FOR RENEWAL OF A CERTIFICATE SHALL BE FIFTY
DOLLARS.
2. UPON PAYMENT OF THE REQUISITE FEE AND SATISFACTORY EVIDENCE OF
COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS OF SUBDIVISION ONE
OF THIS SECTION, THE SECRETARY SHALL RENEW THE CERTIFICATE FOR AN ADDI-
TIONAL TWO YEAR PERIOD. CERTIFICATE HOLDERS SEEKING A RENEWAL SHALL NOT
BE REQUIRED TO TAKE THE EXAMINATION REQUIRED PURSUANT TO SECTION SIX
HUNDRED NINETY-EIGHT-E OF THIS ARTICLE.
S 698-H. DENIAL, SUSPENSION AND REVOCATION OF CERTIFICATION. A CERTIF-
ICATE TO ENGAGE IN THE BUSINESS OF LANDSCAPE IRRIGATION CONTRACTING
ISSUED BY THE SECRETARY PURSUANT TO THIS ARTICLE MAY BE DENIED,
SUSPENDED OR REVOKED, FOR ANY ONE OR MORE OF THE FOLLOWING CAUSES:
1. FRAUD OR BRIBERY IN SECURING A CERTIFICATE;
2. ENGAGING IN DISHONESTY, FRAUD, DECEPTION, MISREPRESENTATION, FALSE
PROMISE OR FALSE PRETENSE;
3. GROSS NEGLIGENCE OR INCOMPETENCE;
4. REPEATED ACTS OF NEGLIGENCE OR INCOMPETENCE; OR
5. VIOLATION OF, OR FAILURE TO COMPLY WITH, THE PROVISIONS OF THIS
ARTICLE.
S 698-I. PERFORMANCE AS LANDSCAPE IRRIGATION CONTRACTOR AUTHORIZED.
1. THE ISSUANCE OF A CERTIFICATE BY THE SECRETARY SHALL AUTHORIZE ANY
CERTIFICATE HOLDER TO PERFORM LANDSCAPE IRRIGATION CONTRACTING IN ANY
MUNICIPALITY, COUNTY OR OTHER POLITICAL SUBDIVISION OF THE STATE, AND NO
FURTHER EXAMINATION OR SPECIAL LICENSE SHALL BE REQUIRED OF THE CERTIF-
ICATE HOLDER, EXCEPT BUSINESS LICENSES, PERMIT FEES, AND SUCH OTHER
STANDARD LICENSES AND FEES AS MAY BE REQUIRED OF ANY PERSON DOING BUSI-
NESS WITHIN THE JURISDICTION OF SUCH POLITICAL SUBDIVISION.
2. NOTHING SET FORTH IN THIS SECTION SHALL AUTHORIZE A LANDSCAPE IRRI-
GATION CONTRACTOR TO ENGAGE IN THE SCOPE OF PRACTICE OF ANY PROFESSION
REQUIRED TO BE LICENSED BY TITLE EIGHT OF THE EDUCATION LAW.
3. NOTHING SET FORTH IN THIS SECTION SHALL AUTHORIZE A LANDSCAPE IRRI-
GATION CONTRACTOR TO USE A PROFESSIONAL TITLE OF ANY PROFESSION REQUIRED
TO BE LICENSED BY TITLE EIGHT OF THE EDUCATION LAW.
S 698-J. ENFORCEMENT. 1. ANY PERSON VIOLATING ANY PROVISION OF THIS
ARTICLE SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN FIVE
HUNDRED DOLLARS FOR THE FIRST OFFENSE AND NOT MORE THAN ONE THOUSAND
DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE. IN LIEU OF AN ADMIN-
ISTRATIVE PROCEEDING, THE SECRETARY MAY BRING AN ACTION FOR THE
COLLECTION OR ENFORCEMENT OF CIVIL PENALTIES FOR THE VIOLATION OF ANY
PROVISION OF THIS ARTICLE.
2. WHENEVER IT SHALL APPEAR TO THE SECRETARY THAT A VIOLATION OF THIS
ARTICLE HAS OCCURRED, IS OCCURRING OR WILL OCCUR, THE SECRETARY MAY SEEK
AND OBTAIN IN A SUMMARY PROCEEDING IN THE SUPREME COURT, AN INJUNCTION
PROHIBITING THE ACT OR PRACTICE. IN SUCH PROCEEDING THE COURT MAY ENTER
S. 840 5
THOSE ORDERS NECESSARY TO PREVENT THE PERFORMANCE OF AN UNLAWFUL PRAC-
TICE IN THE FUTURE AND ASSESS A CIVIL PENALTY IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
S 698-K. SEPARABILITY. IN THE EVENT IT IS DETERMINED BY A COURT OF
COMPETENT JURISDICTION THAT ANY PHRASE, CLAUSE, PART, SUBDIVISION, PARA-
GRAPH OR SECTION, OR ANY OTHER PROVISIONS OF THIS ARTICLE, IS UNCONSTI-
TUTIONAL OR OTHERWISE INVALID OR INOPERATIVE, SUCH DETERMINATION SHALL
NOT AFFECT THE VALIDITY OR EFFECT OF THE REMAINING PROVISIONS OF THIS
ARTICLE.
S 3. This act shall take effect immediately except that subdivision 1
of section 698-b of the general business law, as added by section two of
this act, shall take effect 18 months after this act shall have become a
law.