Senate Bill sb1694c1
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    Florida Senate - 2005                           CS for SB 1694
    By the Committee on Regulated Industries; and Senator
    Haridopolos
    580-2004-05
  1                      A bill to be entitled
  2         An act relating to swimming pool/spa
  3         contractors and service technicians; amending
  4         s. 489.105, F.S.; revising the scope of work
  5         for commercial and residential pool/spa
  6         contractors and swimming pool/spa servicing
  7         contractors; removing licensure exemptions;
  8         defining and establishing provisional licensure
  9         for swimming pool/spa servicing contractors;
10         amending s. 489.111, F.S.; removing the 1-year
11         experience requirement to qualify to take the
12         swimming pool/spa servicing contractors'
13         examination; amending s. 514.075, F.S.;
14         revising duties of the Department of Health;
15         providing for public pools to be serviced by
16         specified persons; revising certification
17         requirements for public pool service
18         technicians; amending s. 514.0115, F.S.;
19         providing that private pools and water therapy
20         facilities connected with licensed massage
21         therapy establishments are exempt from
22         supervision or regulation by the Department of
23         Health; providing that a license is not
24         required for the infusion of chlorine gas in
25         residential swimming pools; providing an
26         effective date.
27  
28  Be It Enacted by the Legislature of the State of Florida:
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    Florida Senate - 2005                           CS for SB 1694
    580-2004-05
 1         Section 1.  Paragraphs (j), (k), and (l) of subsection
 2  (3) of section 489.105, Florida Statutes, are amended, and
 3  subsection (20) is added to that section, to read:
 4         489.105  Definitions.--As used in this part:
 5         (3)  "Contractor" means the person who is qualified
 6  for, and shall only be responsible for, the project contracted
 7  for and means, except as exempted in this part, the person
 8  who, for compensation, undertakes to, submits a bid to, or
 9  does himself or herself or by others construct, repair, alter,
10  remodel, add to, demolish, subtract from, or improve any
11  building or structure, including related improvements to real
12  estate, for others or for resale to others; and whose job
13  scope is substantially similar to the job scope described in
14  one of the subsequent paragraphs of this subsection. For the
15  purposes of regulation under this part, "demolish" applies
16  only to demolition of steel tanks over 50 feet in height;
17  towers over 50 feet in height; other structures over 50 feet
18  in height, other than buildings or residences over three
19  stories tall; and buildings or residences over three stories
20  tall. Contractors are subdivided into two divisions, Division
21  I, consisting of those contractors defined in paragraphs
22  (a)-(c), and Division II, consisting of those contractors
23  defined in paragraphs (d)-(q):
24         (j)  "Commercial pool/spa contractor" means a
25  contractor whose scope of work involves, but is not limited
26  to, the construction, repair, and servicing of any swimming
27  pool, or hot tub or spa, whether public, private, or
28  otherwise, regardless of use. The scope of work includes the
29  installation, repair, or replacement of existing equipment;,
30  any cleaning, or equipment sanitizing, or use of chemicals for
31  the purposes of water treatment; which requires at least a
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    Florida Senate - 2005                           CS for SB 1694
    580-2004-05
 1  partial disassembling, excluding filter changes, and the
 2  installation of new pool/spa equipment, interior finishes, the
 3  installation of package pool heaters, and the installation of
 4  all perimeter piping and filter piping;, and the construction
 5  of equipment rooms or housing for pool/spa equipment, and also
 6  includes the scope of work of a swimming pool/spa servicing
 7  contractor. The scope of such work does not include direct
 8  connections to a sanitary sewer system or to potable water
 9  lines. The installation, construction, modification, or
10  replacement of equipment permanently attached to and
11  associated with the pool or spa for the purpose of water
12  treatment or cleaning of the pool or spa requires licensure;
13  however, the usage of such equipment for the purposes of water
14  treatment or cleaning shall not require licensure unless the
15  usage involves construction, modification, or replacement of
16  such equipment. Water treatment that does not require such
17  equipment does not require a license. In addition, a license
18  shall not be required for the cleaning of the pool or spa in
19  any way that does not affect the structural integrity of the
20  pool or spa or its associated equipment.
21         (k)  "Residential pool/spa contractor" means a
22  contractor whose scope of work involves, but is not limited
23  to, the construction, repair, and servicing of any residential
24  swimming pool, or hot tub or spa, regardless of use. The scope
25  of work includes the installation, repair, or replacement of
26  existing equipment;, any cleaning, or equipment sanitizing, or
27  use of chemicals for the purposes of water treatment; which
28  requires at least a partial disassembling, excluding filter
29  changes, and the installation of new pool/spa equipment,
30  interior finishes, the installation of package pool heaters,
31  and the installation of all perimeter piping and filter
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    Florida Senate - 2005                           CS for SB 1694
    580-2004-05
 1  piping;, and the construction of equipment rooms or housing
 2  for pool/spa equipment, and also includes the scope of work of
 3  a swimming pool/spa servicing contractor. The scope of such
 4  work does not include direct connections to a sanitary sewer
 5  system or to potable water lines. The installation,
 6  construction, modification, or replacement of equipment
 7  permanently attached to and associated with the pool or spa
 8  for the purpose of water treatment or cleaning of the pool or
 9  spa requires licensure; however, the usage of such equipment
10  for the purposes of water treatment or cleaning shall not
11  require licensure unless the usage involves construction,
12  modification, or replacement of such equipment. Water
13  treatment that does not require such equipment does not
14  require a license. In addition, a license shall not be
15  required for the cleaning of the pool or spa in any way that
16  does not affect the structural integrity of the pool or spa or
17  its associated equipment.
18         (l)  "Swimming pool/spa servicing contractor" means a
19  contractor whose scope of work involves, but is not limited
20  to, the repair and servicing of any swimming pool, or hot tub
21  or spa, whether public, or private, or otherwise, regardless
22  of use. The scope of work includes the repair or replacement
23  of existing equipment;, any cleaning, or equipment sanitizing,
24  or use of chemicals for the purposes of water treatment; which
25  requires at least a partial disassembling, excluding filter
26  changes, and the installation of new pool/spa equipment;,
27  interior refinishing;, the reinstallation or addition of pool
28  heaters;, the repair or replacement of all perimeter piping
29  and filter piping;, the repair of equipment rooms or housing
30  for pool/spa equipment;, and the substantial or complete
31  draining of a swimming pool, or hot tub or spa, for the
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    Florida Senate - 2005                           CS for SB 1694
    580-2004-05
 1  purpose of any repair or renovation. The scope of such work
 2  does not include direct connections to a sanitary sewer system
 3  or to potable water lines. The installation, construction,
 4  modification, substantial or complete disassembly, or
 5  replacement of equipment permanently attached to and
 6  associated with the pool or spa for the purpose of water
 7  treatment or cleaning of the pool or spa requires licensure;
 8  however, the usage of such equipment for the purposes of water
 9  treatment or cleaning shall not require licensure unless the
10  usage involves construction, modification, substantial or
11  complete disassembly, or replacement of such equipment. Water
12  treatment that does not require such equipment does not
13  require a license. In addition, a license shall not be
14  required for the cleaning of the pool or spa in any way that
15  does not affect the structural integrity of the pool or spa or
16  its associated equipment.
17         (20)  "Provisional license" means a license granted to
18  a swimming pool/spa servicing contractor who has met all
19  qualifications for licensure but has no proven work experience
20  related to the scope of work of such a contractor. A
21  provisional license shall be effective for a period of 1 year
22  from the date of issuance, at which time a license will be
23  granted to the individual or business organization qualified
24  by that individual. During the term of provisional licensure,
25  the contractor shall be prohibited from performing any work
26  involving public swimming pools, or hot tubs or spas, interior
27  refinishing of private swimming pools, or hot tubs or spas,
28  and any draining of a private swimming pool, or hot tub or
29  spa, for the purpose of any repair or renovation. During the
30  term of provisional licensure, the contractor may partially
31  
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    Florida Senate - 2005                           CS for SB 1694
    580-2004-05
 1  drain up to 75 percent of a private swimming pool, or hot tub
 2  or spa, for the purposes of water treatment.
 3         Section 2.  Paragraph (c) of subsection (2) of section
 4  489.111, Florida Statutes, is amended to read:
 5         489.111  Licensure by examination.--
 6         (2)  A person shall be eligible for licensure by
 7  examination if the person:
 8         (c)  Meets eligibility requirements according to one of
 9  the following criteria:
10         1.  Has received a baccalaureate degree from an
11  accredited 4-year college in the appropriate field of
12  engineering, architecture, or building construction and has 1
13  year of proven experience in the category in which the person
14  seeks to qualify. For the purpose of this part, a minimum of
15  2,000 person-hours shall be used in determining full-time
16  equivalency.
17         2.  Has a total of at least 4 years of active
18  experience as a worker who has learned the trade by serving an
19  apprenticeship as a skilled worker who is able to command the
20  rate of a mechanic in the particular trade or as a foreman who
21  is in charge of a group of workers and usually is responsible
22  to a superintendent or a contractor or his or her equivalent,
23  provided, however, that at least 1 year of active experience
24  shall be as a foreman.
25         3.  Has a combination of not less than 1 year of
26  experience as a foreman and not less than 3 years of credits
27  for any accredited college-level courses; has a combination of
28  not less than 1 year of experience as a skilled worker, 1 year
29  of experience as a foreman, and not less than 2 years of
30  credits for any accredited college-level courses; or has a
31  combination of not less than 2 years of experience as a
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    Florida Senate - 2005                           CS for SB 1694
    580-2004-05
 1  skilled worker, 1 year of experience as a foreman, and not
 2  less than 1 year of credits for any accredited college-level
 3  courses. All junior college or community college-level courses
 4  shall be considered accredited college-level courses.
 5         4.a.  An active certified residential contractor is
 6  eligible to take the building contractors' examination if he
 7  or she possesses a minimum of 3 years of proven experience in
 8  the classification in which he or she is certified.
 9         b.  An active certified residential contractor is
10  eligible to take the general contractors' examination if he or
11  she possesses a minimum of 4 years of proven experience in the
12  classification in which he or she is certified.
13         c.  An active certified building contractor is eligible
14  to take the general contractors' examination if he or she
15  possesses a minimum of 4 years of proven experience in the
16  classification in which he or she is certified.
17         5.a.  An active certified air-conditioning Class C
18  contractor is eligible to take the air-conditioning Class B
19  contractors' examination if he or she possesses a minimum of 3
20  years of proven experience in the classification in which he
21  or she is certified.
22         b.  An active certified air-conditioning Class C
23  contractor is eligible to take the air-conditioning Class A
24  contractors' examination if he or she possesses a minimum of 4
25  years of proven experience in the classification in which he
26  or she is certified.
27         c.  An active certified air-conditioning Class B
28  contractor is eligible to take the air-conditioning Class A
29  contractors' examination if he or she possesses a minimum of 1
30  year of proven experience in the classification in which he or
31  she is certified.
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    Florida Senate - 2005                           CS for SB 1694
    580-2004-05
 1         6.a.  An active certified swimming pool servicing
 2  contractor is eligible to take the residential swimming pool
 3  contractors' examination if he or she possesses a minimum of 3
 4  years of proven experience in the classification in which he
 5  or she is certified.
 6         b.  An active certified swimming pool servicing
 7  contractor is eligible to take the swimming pool commercial
 8  contractors' examination if he or she possesses a minimum of 4
 9  years of proven experience in the classification in which he
10  or she is certified.
11         c.  An active certified residential swimming pool
12  contractor is eligible to take the commercial swimming pool
13  contractors' examination if he or she possesses a minimum of 1
14  year of proven experience in the classification in which he or
15  she is certified.
16         d.  An applicant is eligible to take the swimming
17  pool/spa servicing contractors' examination if he or she has
18  satisfactorily completed 60 hours of instruction in courses
19  related to the scope of work covered by that license and
20  approved by the Construction Industry Licensing Board by rule
21  and has at least 1 year of proven experience related to the
22  scope of work of such a contractor.
23         Section 3.  Section 514.075, Florida Statutes, is
24  amended to read:
25         514.075  Public pool service technician;
26  certification.--The department shall may require that a public
27  pool, as defined in s. 514.011, be serviced by a person
28  licensed under s. 489.105(3)(j), (k), or (l); a person
29  permitted as a public pool operator under s. 514.031; or a
30  person who is certified as a pool service technician and who
31  is the direct employee of a person permitted as a public pool
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    Florida Senate - 2005                           CS for SB 1694
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 1  operator under s. 514.031. To be certified, an individual must
 2  demonstrate knowledge of public pools which includes, but is
 3  not limited to: pool cleaning; general pool maintenance; pool
 4  safety codes; source of the water supply; bacteriological,
 5  chemical, and physical quality of water; and water
 6  purification, testing, treatment, and disinfection procedures.
 7  The department may, by rule, establish the requirement for the
 8  certification course and course approval. The department shall
 9  deem certified any individual who is certified by a course of
10  national recognition such as the Certified Pool Operator
11  certification from the National Swimming Pool Foundation or
12  any person licensed under s. 489.105(3)(j), (k), or (l). This
13  requirement does not apply to a person, or the direct employee
14  of a person, permitted as a public pool operator under s.
15  514.031.
16         Section 4.  Subsection (1) of section 514.0115, Florida
17  Statutes, is amended to read:
18         514.0115  Exemptions from supervision or regulation;
19  variances.--
20         (1)  Private pools and water therapy facilities
21  connected with facilities connected with hospitals, medical
22  doctors' offices, and licensed physical therapy
23  establishments, and licensed massage therapy establishments
24  shall be exempt from supervision under this chapter.
25         Section 5.  A license is not required under chapter
26  489, Florida Statutes, for the direct infusion of chlorine gas
27  in residential swimming pools. This industry is regulated by
28  the Department of Agriculture and Consumer Services under
29  section 487.0437, Florida Statutes.
30         Section 6.  This act shall take effect July 1, 2006.
31  
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    Florida Senate - 2005                           CS for SB 1694
    580-2004-05
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1694
 3                                 
 4  The committee substitute provides that licensed massage
    therapy establishments are exempt from supervision under ch.
 5  514, F.S.
 6  The committee substitute provides that direct infusion of
    chlorine gas in residential swimming pools does not require a
 7  license.
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