NJ Board of tree experts.

fastbub

New member
I am sure there are some that can sympathize and some that will tell me tough shit but here goes.

I started my business 3 years ago in NJ. I have been on and off again in the industry for 13 years. Unfortunately a lot of my work was in other states, contract work, side work etc. in other words I don't have a documented history.

I started my business 3 years ago kind of by accident in NJ. I was working as a plant engineer at a brewery and had been doing side work for quite a while. The brewery was not doing so well and ended up laying me off. I had such a back log of tree work that I hired somebody, bought some more equipment, got all the proper insurances and hit the ground running. We have been killing it ever since. All word of mouth, booked for months etc.

Yesterday I got an envelope in the mail from the New Jersey Board of Tree Experts. Apparently I am in violation for not registering with them and not having a licensed employee. This is the first I have heard of it as I have been registered with the state for three years. To my knowledge, no effort was made to inform any businesses of this change. Without getting into details, I am not eligible to be grandfathered in and am not eligible to sit for an exam at this point. So my ability to provide for my family has been taken away in 20 days before I start getting fined.

I have always done the right thing, carried the right insurances etc. Now I am stuck.

Anybody else in NJ experienced this? I feel like I am pretty much screwed.
 
What do they require? Is there a different requirement for a business owner, crew worker, crew leader, etc...?

How much is the fine?

When did the requirement go into effect? Maybe worth a call and have a friendly nonconfrontational conversation to ask questions look for legitimate loopholes.

Call your local legislative representative. They may have a small business liaison who can help you through it. I don't know anything about NJ and have never been a fan of heavy handed regulations...but I'd start with the assumption that they are just trying to slow down illigimitate businesses - help them see that you are running a clean ship and the kind of company they want and folks will likely try to walk you through it (assuming that is what you are doing!).
 
Or you'll encounter state bureaucrats that won't let you slide until you qualify.

Shitty situation, good luck.
 
What can you expect from the only state which outlaws self-serve gasoline? Nanny-state at its best.
I live right across the river and see how Bucks County has become with everyone that can get a saw and sell them self as an "Arborist". It has got to a point that grass guys are now selling themselves as this and they are watering down prices to a point that you can not do the job legally with the cost of insurance and such anymore. We had said for years "thats fine, those guys will never survive anyway". Although that has not been the case and they have sold so much crap work that now people honestly believe that a ton of the poor practices are the right way to do the work. So blanket stating " Nanny State" is an absolute comp out IMO. It may be harder to do the job you have done for years and without having to prove your ability, but we have suffered in the long run because of it. A standard such as this that is followed up with and seen through will over time better the industry locally and may even bring back a good wage to those that have had their worth beat down by "climbers" that can't get off the ground without spikes..... if they know what foot they go on.....
 
So are they actually going to enforce standards and penalize poor practices? How many tree police is that going to take?
 
Contact the board. In my experience it is headed by some very reasonable people whose main concern is making sure our industry does not get tanked. You may not be eligible to sit for the LTE exam, but what about the LTCO? Also, what part of New Jersey are you in? If you can get your CA I believe they do reciprocity for LTCO.

The legislation that this is based on is probably average at best. I have my doubts that it will last, as I foresee someone challenging it in court. The heart was in the right place, but it's impossible to police the scope they've outlined. For example - my firm, being a tree company, cannot diagnose or treat tree diseases without an LTE. However, a landscaping firm can do just that because they do not engage in "aerial operations." Any firm proclaiming status as a ground based landscape firm can diagnose and chemically treat trees even if they have no idea what they are doing. Even without this provision, I see the legislation in conflict with the pesticide legislation already in place.

So, while I do believe the industry in our state needs some standardization, I think they missed the mark here. The exam for an LTE is VERY rigorous, and I'm not sure why it matters if someone has 1 year or 10 years experience.

Good luck, but I think if you plead your case the board will be receptive.
 
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In our area some companies make a monthly payment to folks with applicators licenses to say they are on payroll so the company can do chemis.
 
In our area some companies make a monthly payment to folks with applicators licenses to say they are on payroll so the company can do chemis.

Unfortunately this is a separate issue from pesticide applicator licensing. Two licensing processes. In NJ if you climb or operate a bucket you cannot also apply pesticides to trees unless you have a licensed tree expert as well as a licensed pesticide applicator. However, a landscape company can do so with just an applicator.
 
How did they find you? Im honestly glad to hear they are starting to enforce this, but don't wish this upon others who want to play by the rules. This regulation became in effect in the beginning of this year. They sent us a letter in the mail and we made sure our ducks were in a row. The industry is a shit show in this state and it becoming harder to compete with the illegals and fly by nighters.
 

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