HB 0795

1	A bill to be entitled
2	An act relating to swimming pool/spa contractors and
3	service technicians; amending s. 489.105, F.S.; revising
4	the scope of work for commercial and residential pool/spa
5	contractors and swimming pool/spa servicing contractors;
6	removing licensure exemptions; defining and establishing
7	provisional licensure for swimming pool/spa servicing
8	contractors; amending s. 489.111, F.S.; removing the 1-
9	year experience requirement to qualify to take the
10	swimming pool/spa servicing contractors' examination;
11	amending s. 514.075, F.S.; revising duties of the
12	Department of Health; providing for public pools to be
13	serviced by specified persons; revising certification
14	requirements for public pool service technicians;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Paragraphs (j), (k), and (l) of subsection (3)
20	of section 489.105, Florida Statutes, are amended, and
21	subsection (20) is added to said section, to read:
22	489.105  Definitions.--As used in this part:
23	(3)  "Contractor" means the person who is qualified for,
24	and shall only be responsible for, the project contracted for
25	and means, except as exempted in this part, the person who, for
26	compensation, undertakes to, submits a bid to, or does himself
27	or herself or by others construct, repair, alter, remodel, add
28	to, demolish, subtract from, or improve any building or
29	structure, including related improvements to real estate, for
30	others or for resale to others; and whose job scope is
31	substantially similar to the job scope described in one of the
32	subsequent paragraphs of this subsection. For the purposes of
33	regulation under this part, "demolish" applies only to
34	demolition of steel tanks over 50 feet in height; towers over 50
35	feet in height; other structures over 50 feet in height, other
36	than buildings or residences over three stories tall; and
37	buildings or residences over three stories tall. Contractors are
38	subdivided into two divisions, Division I, consisting of those
39	contractors defined in paragraphs (a)-(c), and Division II,
40	consisting of those contractors defined in paragraphs (d)-(q):
41	(j)  "Commercial pool/spa contractor" means a contractor
42	whose scope of work involves, but is not limited to, the
43	construction, repair, and servicing of any swimming pool, or hot
44	tub or spa, whether public, private, or otherwise, regardless of
45	use. The scope of work includes the installation, repair, or
46	replacement of existing equipment;, any cleaning, or equipment
47	sanitizing, or use of chemicals for the purposes of water
48	treatment; which requires at least a partial disassembling,
49	excluding filter changes, and the installation of new pool/spa
50	equipment, interior finishes, the installation of package pool
51	heaters, and the installation of all perimeter piping and filter
52	piping;, and the construction of equipment rooms or housing for
53	pool/spa equipment, and also includes the scope of work of a
54	swimming pool/spa servicing contractor. The scope of such work
55	does not include direct connections to a sanitary sewer system
56	or to potable water lines. The installation, construction,
57	modification, or replacement of equipment permanently attached
58	to and associated with the pool or spa for the purpose of water
59	treatment or cleaning of the pool or spa requires licensure;
60	however, the usage of such equipment for the purposes of water
61	treatment or cleaning shall not require licensure unless the
62	usage involves construction, modification, or replacement of
63	such equipment. Water treatment that does not require such
64	equipment does not require a license. In addition, a license
65	shall not be required for the cleaning of the pool or spa in any
66	way that does not affect the structural integrity of the pool or
67	spa or its associated equipment.
68	(k)  "Residential pool/spa contractor" means a contractor
69	whose scope of work involves, but is not limited to, the
70	construction, repair, and servicing of any residential swimming
71	pool, or hot tub or spa, regardless of use. The scope of work
72	includes the installation, repair, or replacement of existing
73	equipment;, any cleaning, or equipment sanitizing, or use of
74	chemicals for the purposes of water treatment; which requires at
75	least a partial disassembling, excluding filter changes, and the
76	installation of new pool/spa equipment, interior finishes, the
77	installation of package pool heaters, and the installation of
78	all perimeter piping and filter piping;, and the construction of
79	equipment rooms or housing for pool/spa equipment, and also
80	includes the scope of work of a swimming pool/spa servicing
81	contractor. The scope of such work does not include direct
82	connections to a sanitary sewer system or to potable water
83	lines. The installation, construction, modification, or
84	replacement of equipment permanently attached to and associated
85	with the pool or spa for the purpose of water treatment or
86	cleaning of the pool or spa requires licensure; however, the
87	usage of such equipment for the purposes of water treatment or
88	cleaning shall not require licensure unless the usage involves
89	construction, modification, or replacement of such equipment.
90	Water treatment that does not require such equipment does not
91	require a license. In addition, a license shall not be required
92	for the cleaning of the pool or spa in any way that does not
93	affect the structural integrity of the pool or spa or its
94	associated equipment.
95	(l)  "Swimming pool/spa servicing contractor" means a
96	contractor whose scope of work involves, but is not limited to,
97	the repair and servicing of any swimming pool, or hot tub or
98	spa, whether public, or private, or otherwise, regardless of
99	use. The scope of work includes the repair or replacement of
100	existing equipment;, any cleaning, or equipment sanitizing, or
101	use of chemicals for the purposes of water treatment; which
102	requires at least a partial disassembling, excluding filter
103	changes, and the installation of new pool/spa equipment;,
104	interior refinishing;, the reinstallation or addition of pool
105	heaters;, the repair or replacement of all perimeter piping and
106	filter piping;, the repair of equipment rooms or housing for
107	pool/spa equipment;, and the substantial or complete draining of
108	a swimming pool, or hot tub or spa, for the purpose of any
109	repair or renovation. The scope of such work does not include
110	direct connections to a sanitary sewer system or to potable
111	water lines. The installation, construction, modification,
112	substantial or complete disassembly, or replacement of equipment
113	permanently attached to and associated with the pool or spa for
114	the purpose of water treatment or cleaning of the pool or spa
115	requires licensure; however, the usage of such equipment for the
116	purposes of water treatment or cleaning shall not require
117	licensure unless the usage involves construction, modification,
118	substantial or complete disassembly, or replacement of such
119	equipment. Water treatment that does not require such equipment
120	does not require a license. In addition, a license shall not be
121	required for the cleaning of the pool or spa in any way that
122	does not affect the structural integrity of the pool or spa or
123	its associated equipment.
124	(20)  "Provisional license" means a license granted to a
125	swimming pool/spa servicing contractor who has met all
126	qualifications for licensure but has no proven work experience
127	related to the scope of work of such a contractor. A provisional
128	license shall be effective for a period of 1 year from the date
129	of issuance, at which time a license will be granted to the
130	individual or business organization qualified by that
131	individual. During the term of provisional licensure, the
132	contractor shall be prohibited from performing any work
133	involving public swimming pools, or hot tubs or spas, interior
134	refinishing of private swimming pools, or hot tubs or spas, and
135	any draining of a private swimming pool, or hot tub or spa, for
136	the purpose of any repair or renovation. During the term of
137	provisional licensure, the contractor may partially drain up to
138	75 percent of a private swimming pool, or hot tub or spa, for
139	the purposes of water treatment.
140	Section 2.  Paragraph (c) of subsection (2) of section
141	489.111, Florida Statutes, is amended to read:
142	489.111  Licensure by examination.--
143	(2)  A person shall be eligible for licensure by
144	examination if the person:
145	(c)  Meets eligibility requirements according to one of the
146	following criteria:
147	1.  Has received a baccalaureate degree from an accredited
148	4-year college in the appropriate field of engineering,
149	architecture, or building construction and has 1 year of proven
150	experience in the category in which the person seeks to qualify.
151	For the purpose of this part, a minimum of 2,000 person-hours
152	shall be used in determining full-time equivalency.
153	2.  Has a total of at least 4 years of active experience as
154	a worker who has learned the trade by serving an apprenticeship
155	as a skilled worker who is able to command the rate of a
156	mechanic in the particular trade or as a foreman who is in
157	charge of a group of workers and usually is responsible to a
158	superintendent or a contractor or his or her equivalent,
159	provided, however, that at least 1 year of active experience
160	shall be as a foreman.
161	3.  Has a combination of not less than 1 year of experience
162	as a foreman and not less than 3 years of credits for any
163	accredited college-level courses; has a combination of not less
164	than 1 year of experience as a skilled worker, 1 year of
165	experience as a foreman, and not less than 2 years of credits
166	for any accredited college-level courses; or has a combination
167	of not less than 2 years of experience as a skilled worker, 1
168	year of experience as a foreman, and not less than 1 year of
169	credits for any accredited college-level courses. All junior
170	college or community college-level courses shall be considered
171	accredited college-level courses.
172	4.a.  An active certified residential contractor is
173	eligible to take the building contractors' examination if he or
174	she possesses a minimum of 3 years of proven experience in the
175	classification in which he or she is certified.
176	b.  An active certified residential contractor is eligible
177	to take the general contractors' examination if he or she
178	possesses a minimum of 4 years of proven experience in the
179	classification in which he or she is certified.
180	c.  An active certified building contractor is eligible to
181	take the general contractors' examination if he or she possesses
182	a minimum of 4 years of proven experience in the classification
183	in which he or she is certified.
184	5.a.  An active certified air-conditioning Class C
185	contractor is eligible to take the air-conditioning Class B
186	contractors' examination if he or she possesses a minimum of 3
187	years of proven experience in the classification in which he or
188	she is certified.
189	b.  An active certified air-conditioning Class C contractor
190	is eligible to take the air-conditioning Class A contractors'
191	examination if he or she possesses a minimum of 4 years of
192	proven experience in the classification in which he or she is
193	certified.
194	c.  An active certified air-conditioning Class B contractor
195	is eligible to take the air-conditioning Class A contractors'
196	examination if he or she possesses a minimum of 1 year of proven
197	experience in the classification in which he or she is
198	certified.
199	6.a.  An active certified swimming pool servicing
200	contractor is eligible to take the residential swimming pool
201	contractors' examination if he or she possesses a minimum of 3
202	years of proven experience in the classification in which he or
203	she is certified.
204	b.  An active certified swimming pool servicing contractor
205	is eligible to take the swimming pool commercial contractors'
206	examination if he or she possesses a minimum of 4 years of
207	proven experience in the classification in which he or she is
208	certified.
209	c.  An active certified residential swimming pool
210	contractor is eligible to take the commercial swimming pool
211	contractors' examination if he or she possesses a minimum of 1
212	year of proven experience in the classification in which he or
213	she is certified.
214	d.  An applicant is eligible to take the swimming pool/spa
215	servicing contractors' examination if he or she has
216	satisfactorily completed 60 hours of instruction in courses
217	related to the scope of work covered by that license and
218	approved by the Construction Industry Licensing Board by rule
219	and has at least 1 year of proven experience related to the
220	scope of work of such a contractor.
221	Section 3.  Section 514.075, Florida Statutes, is amended
222	to read:
223	514.075  Public pool service technician;
224	certification.--The department shall may require that a public
225	pool, as defined in s. 514.011, be serviced by a person licensed
226	under s. 489.105(3)(j), (k), or (l); a person permitted as a
227	public pool operator under s. 514.031; or a person who is
228	certified as a pool service technician and who is the direct
229	employee of a person permitted as a public pool operator under
230	s. 514.031. To be certified, an individual must demonstrate
231	knowledge of public pools which includes, but is not limited to:
232	pool cleaning; general pool maintenance; pool safety codes;
233	source of the water supply; bacteriological, chemical, and
234	physical quality of water; and water purification, testing,
235	treatment, and disinfection procedures. The department may, by
236	rule, establish the requirement for the certification course and
237	course approval. The department shall deem certified any
238	individual who is certified by a course of national recognition
239	such as the Certified Pool Operator certification from the
240	National Swimming Pool Foundation or any person licensed under
241	s. 489.105(3)(j), (k), or (l). This requirement does not apply
242	to a person, or the direct employee of a person, permitted as a
243	public pool operator under s. 514.031.
244	Section 4.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.