Florida Senate - 2013 CS for SB 156
By the Committee on Community Affairs; and Senator Detert
578-02024-13 2013156c1
1 A bill to be entitled
2 An act relating to swimming pools and spas; amending
3 s. 489.103, F.S.; providing an exemption from
4 licensure requirements for an owner or operator
5 maintaining a swimming pool or spa for the purpose of
6 water treatment; amending s. 489.105, F.S.; revising
7 the definition of the terms “contractor,” “commercial
8 pool/spa contractor,” “residential pool/spa
9 contractor,” and “swimming pool/spa servicing
10 contractor” to include the cleaning, maintenance, and
11 water treatment of swimming pools and spas; conforming
12 provisions to changes made by the act; amending s.
13 489.111, F.S.; revising eligibility requirements to
14 take the swimming pool/spa servicing contractors’
15 examination; providing the Department of Business and
16 Professional Regulation with the authority to adopt
17 rules; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (23) is added to section 489.103,
22 Florida Statutes, to read:
23 489.103 Exemptions.—This part does not apply to:
24 (23) An owner or operator of a public swimming pool or spa
25 permitted under s. 514.031, or his or her direct employee, who
26 undertakes to maintain the swimming pool or spa for the purpose
27 of water treatment.
28 Section 2. Subsection (3) of section 489.105, Florida
29 Statutes, is amended to read:
30 489.105 Definitions.—As used in this part:
31 (3) “Contractor” means the person who is qualified for, and
32 is only responsible for, the project contracted for and means,
33 except as exempted in this part, the person who, for
34 compensation, undertakes to, submits a bid to, or does himself
35 or herself or by others construct, repair, alter, remodel, add
36 to, demolish, maintain for purposes of water treatment, subtract
37 from, or improve any building or structure, including related
38 improvements to real estate, for others or for resale to others;
39 and whose job scope is substantially similar to the job scope
40 described in one of the paragraphs of this subsection. For the
41 purposes of regulation under this part, the term “demolish”
42 applies only to demolition of steel tanks more than 50 feet in
43 height; towers more than 50 feet in height; other structures
44 more than 50 feet in height; and all buildings or residences.
45 For purposes of regulation under this part, the phrase “maintain
46 for purposes of water treatment” applies only to cleaning,
47 maintenance, and water treatment of swimming pools and spas.
48 Contractors are subdivided into two divisions, Division I,
49 consisting of those contractors defined in paragraphs (a)-(c),
50 and Division II, consisting of those contractors defined in
51 paragraphs (d)-(q):
52 (a) “General contractor” means a contractor whose services
53 are unlimited as to the type of work which he or she may do, who
54 may contract for any activity requiring licensure under this
55 part, and who may perform any work requiring licensure under
56 this part, except as otherwise expressly provided in s. 489.113.
57 (b) “Building contractor” means a contractor whose services
58 are limited to construction of commercial buildings and single
59 dwelling or multiple-dwelling residential buildings, which do
60 not exceed three stories in height, and accessory use structures
61 in connection therewith or a contractor whose services are
62 limited to remodeling, repair, or improvement of any size
63 building if the services do not affect the structural members of
64 the building.
65 (c) “Residential contractor” means a contractor whose
66 services are limited to construction, remodeling, repair, or
67 improvement of one-family, two-family, or three-family
68 residences not exceeding two habitable stories above no more
69 than one uninhabitable story and accessory use structures in
70 connection therewith.
71 (d) “Sheet metal contractor” means a contractor whose
72 services are unlimited in the sheet metal trade and who has the
73 experience, knowledge, and skill necessary for the manufacture,
74 fabrication, assembling, handling, erection, installation,
75 dismantling, conditioning, adjustment, insulation, alteration,
76 repair, servicing, or design, if not prohibited by law, of
77 ferrous or nonferrous metal work of U.S. No. 10 gauge or its
78 equivalent or lighter gauge and of other materials, including,
79 but not limited to, fiberglass, used in lieu thereof and of air
80 handling systems, including the setting of air-handling
81 equipment and reinforcement of same, the balancing of air
82 handling systems, and any duct cleaning and equipment sanitizing
83 that requires at least a partial disassembling of the system.
84 (e) “Roofing contractor” means a contractor whose services
85 are unlimited in the roofing trade and who has the experience,
86 knowledge, and skill to install, maintain, repair, alter,
87 extend, or design, if not prohibited by law, and use materials
88 and items used in the installation, maintenance, extension, and
89 alteration of all kinds of roofing, waterproofing, and coating,
90 except when coating is not represented to protect, repair,
91 waterproof, stop leaks, or extend the life of the roof. The
92 scope of work of a roofing contractor also includes skylights
93 and any related work, required roof-deck attachments, and any
94 repair or replacement of wood roof sheathing or fascia as needed
95 during roof repair or replacement and any related work.
96 (f) “Class A air-conditioning contractor” means a
97 contractor whose services are unlimited in the execution of
98 contracts requiring the experience, knowledge, and skill to
99 install, maintain, repair, fabricate, alter, extend, or design,
100 if not prohibited by law, central air-conditioning,
101 refrigeration, heating, and ventilating systems, including duct
102 work in connection with a complete system if such duct work is
103 performed by the contractor as necessary to complete an air
104 distribution system, boiler and unfired pressure vessel systems,
105 and all appurtenances, apparatus, or equipment used in
106 connection therewith, and any duct cleaning and equipment
107 sanitizing that requires at least a partial disassembling of the
108 system; to install, maintain, repair, fabricate, alter, extend,
109 or design, if not prohibited by law, piping, insulation of
110 pipes, vessels and ducts, pressure and process piping, and
111 pneumatic control piping; to replace, disconnect, or reconnect
112 power wiring on the load side of the dedicated existing
113 electrical disconnect switch; to install, disconnect, and
114 reconnect low voltage heating, ventilating, and air-conditioning
115 control wiring; and to install a condensate drain from an air
116 conditioning unit to an existing safe waste or other approved
117 disposal other than a direct connection to a sanitary system.
118 The scope of work for such contractor also includes any
119 excavation work incidental thereto, but does not include any
120 work such as liquefied petroleum or natural gas fuel lines
121 within buildings, except for disconnecting or reconnecting
122 changeouts of liquefied petroleum or natural gas appliances
123 within buildings; potable water lines or connections thereto;
124 sanitary sewer lines; swimming pool piping and filters; or
125 electrical power wiring. A Class A air-conditioning contractor
126 may test and evaluate central air-conditioning, refrigeration,
127 heating, and ventilating systems, including duct work; however,
128 a mandatory licensing requirement is not established for the
129 performance of these specific services.
130 (g) “Class B air-conditioning contractor” means a
131 contractor whose services are limited to 25 tons of cooling and
132 500,000 Btu of heating in any one system in the execution of
133 contracts requiring the experience, knowledge, and skill to
134 install, maintain, repair, fabricate, alter, extend, or design,
135 if not prohibited by law, central air-conditioning,
136 refrigeration, heating, and ventilating systems, including duct
137 work in connection with a complete system only to the extent
138 such duct work is performed by the contractor as necessary to
139 complete an air-distribution system being installed under this
140 classification, and any duct cleaning and equipment sanitizing
141 that requires at least a partial disassembling of the system; to
142 install, maintain, repair, fabricate, alter, extend, or design,
143 if not prohibited by law, piping and insulation of pipes,
144 vessels, and ducts; to replace, disconnect, or reconnect power
145 wiring on the load side of the dedicated existing electrical
146 disconnect switch; to install, disconnect, and reconnect low
147 voltage heating, ventilating, and air-conditioning control
148 wiring; and to install a condensate drain from an air
149 conditioning unit to an existing safe waste or other approved
150 disposal other than a direct connection to a sanitary system.
151 The scope of work for such contractor also includes any
152 excavation work incidental thereto, but does not include any
153 work such as liquefied petroleum or natural gas fuel lines
154 within buildings, except for disconnecting or reconnecting
155 changeouts of liquefied petroleum or natural gas appliances
156 within buildings; potable water lines or connections thereto;
157 sanitary sewer lines; swimming pool piping and filters; or
158 electrical power wiring. A Class B air-conditioning contractor
159 may test and evaluate central air-conditioning, refrigeration,
160 heating, and ventilating systems, including duct work; however,
161 a mandatory licensing requirement is not established for the
162 performance of these specific services.
163 (h) “Class C air-conditioning contractor” means a
164 contractor whose business is limited to the servicing of air
165 conditioning, heating, or refrigeration systems, including any
166 duct cleaning and equipment sanitizing that requires at least a
167 partial disassembling of the system, and whose certification or
168 registration, issued pursuant to this part, was valid on October
169 1, 1988. Only a person who was registered or certified as a
170 Class C air-conditioning contractor as of October 1, 1988, shall
171 be so registered or certified after October 1, 1988. However,
172 the board shall continue to license and regulate those Class C
173 air-conditioning contractors who held Class C licenses before
174 October 1, 1988.
175 (i) “Mechanical contractor” means a contractor whose
176 services are unlimited in the execution of contracts requiring
177 the experience, knowledge, and skill to install, maintain,
178 repair, fabricate, alter, extend, or design, if not prohibited
179 by law, central air-conditioning, refrigeration, heating, and
180 ventilating systems, including duct work in connection with a
181 complete system if such duct work is performed by the contractor
182 as necessary to complete an air-distribution system, boiler and
183 unfired pressure vessel systems, lift station equipment and
184 piping, and all appurtenances, apparatus, or equipment used in
185 connection therewith, and any duct cleaning and equipment
186 sanitizing that requires at least a partial disassembling of the
187 system; to install, maintain, repair, fabricate, alter, extend,
188 or design, if not prohibited by law, piping, insulation of
189 pipes, vessels and ducts, pressure and process piping, pneumatic
190 control piping, gasoline tanks and pump installations and piping
191 for same, standpipes, air piping, vacuum line piping, oxygen
192 lines, nitrous oxide piping, ink and chemical lines, fuel
193 transmission lines, liquefied petroleum gas lines within
194 buildings, and natural gas fuel lines within buildings; to
195 replace, disconnect, or reconnect power wiring on the load side
196 of the dedicated existing electrical disconnect switch; to
197 install, disconnect, and reconnect low voltage heating,
198 ventilating, and air-conditioning control wiring; and to install
199 a condensate drain from an air-conditioning unit to an existing
200 safe waste or other approved disposal other than a direct
201 connection to a sanitary system. The scope of work for such
202 contractor also includes any excavation work incidental thereto,
203 but does not include any work such as potable water lines or
204 connections thereto, sanitary sewer lines, swimming pool piping
205 and filters, or electrical power wiring. A mechanical contractor
206 may test and evaluate central air-conditioning, refrigeration,
207 heating, and ventilating systems, including duct work; however,
208 a mandatory licensing requirement is not established for the
209 performance of these specific services.
210 (j) “Commercial pool/spa contractor” means a contractor
211 whose scope of work involves, but is not limited to, the
212 construction, repair, water treatment, maintenance, and
213 servicing of any swimming pool, or hot tub or spa, whether
214 public, private, or otherwise, regardless of use. The scope of
215 work includes the installation, repair, or replacement of
216 existing equipment, any cleaning or equipment sanitizing that
217 requires at least a partial disassembling, excluding filter
218 changes, and the installation of new pool/spa equipment,
219 interior finishes, the installation of package pool heaters, the
220 installation of all perimeter piping and filter piping, and the
221 construction of equipment rooms or housing for pool/spa
222 equipment, and also includes the scope of work of a swimming
223 pool/spa servicing contractor. The scope of such work does not
224 include direct connections to a sanitary sewer system or to
225 potable water lines. The installation, construction,
226 modification, or replacement of equipment permanently attached
227 to and associated with the pool or spa for the purpose of water
228 treatment or cleaning of the pool or spa requires licensure;
229 however, the usage of such equipment for the purposes of water
230 treatment or cleaning does not require licensure unless the
231 usage involves construction, modification, or replacement of
232 such equipment. Water treatment that does not require such
233 equipment does not require a license. In addition, a license is
234 not required for the cleaning of the pool or spa in a way that
235 does not affect the structural integrity of the pool or spa or
236 its associated equipment.
237 (k) “Residential pool/spa contractor” means a contractor
238 whose scope of work involves, but is not limited to, the
239 construction, repair, water treatment, maintenance, and
240 servicing of a residential swimming pool, or hot tub or spa,
241 regardless of use. The scope of work includes the installation,
242 repair, or replacement of existing equipment, any cleaning or
243 equipment sanitizing that requires at least a partial
244 disassembling, excluding filter changes, and the installation of
245 new pool/spa equipment, interior finishes, the installation of
246 package pool heaters, the installation of all perimeter piping
247 and filter piping, and the construction of equipment rooms or
248 housing for pool/spa equipment, and also includes the scope of
249 work of a swimming pool/spa servicing contractor. The scope of
250 such work does not include direct connections to a sanitary
251 sewer system or to potable water lines. The installation,
252 construction, modification, or replacement of equipment
253 permanently attached to and associated with the pool or spa for
254 the purpose of water treatment or cleaning of the pool or spa
255 requires licensure; however, the usage of such equipment for the
256 purposes of water treatment or cleaning does not require
257 licensure unless the usage involves construction, modification,
258 or replacement of such equipment. Water treatment that does not
259 require such equipment does not require a license. In addition,
260 a license is not required for the cleaning of the pool or spa in
261 a way that does not affect the structural integrity of the pool
262 or spa or its associated equipment.
263 (l) “Swimming pool/spa servicing contractor” means a
264 contractor whose scope of work involves, but is not limited to,
265 the repair, water treatment, maintenance, and servicing of a
266 swimming pool, or hot tub or spa, whether public or private, or
267 otherwise, regardless of use. The scope of work includes the
268 repair or replacement of existing equipment, any sanitation,
269 chemical balancing, routine maintenance or cleaning, cleaning or
270 equipment sanitizing that requires at least a partial
271 disassembling, excluding filter changes, and the installation of
272 new pool/spa equipment, interior refinishing, the reinstallation
273 or addition of pool heaters, the repair or replacement of all
274 perimeter piping and filter piping, the repair of equipment
275 rooms or housing for pool/spa equipment, and the substantial or
276 complete draining of a swimming pool, or hot tub or spa, for the
277 purpose of repair, or renovation, or water treatment. The scope
278 of such work does not include direct connections to a sanitary
279 sewer system or to potable water lines. The installation,
280 construction, modification, substantial or complete disassembly,
281 or replacement of equipment permanently attached to and
282 associated with the pool or spa for the purpose of water
283 treatment or cleaning of the pool or spa requires licensure;
284 however, the usage of such equipment for the purposes of water
285 treatment or cleaning does not require licensure unless the
286 usage involves construction, modification, substantial or
287 complete disassembly, or replacement of such equipment. Water
288 treatment that does not require such equipment does not require
289 a license. In addition, a license is not required for the
290 cleaning of the pool or spa in a way that does not affect the
291 structural integrity of the pool or spa or its associated
292 equipment.
293 (m) “Plumbing contractor” means a contractor whose services
294 are unlimited in the plumbing trade and includes contracting
295 business consisting of the execution of contracts requiring the
296 experience, financial means, knowledge, and skill to install,
297 maintain, repair, alter, extend, or, if not prohibited by law,
298 design plumbing. A plumbing contractor may install, maintain,
299 repair, alter, extend, or, if not prohibited by law, design the
300 following without obtaining an additional local regulatory
301 license, certificate, or registration: sanitary drainage or
302 storm drainage facilities, water and sewer plants and
303 substations, venting systems, public or private water supply
304 systems, septic tanks, drainage and supply wells, swimming pool
305 piping, irrigation systems, and solar heating water systems and
306 all appurtenances, apparatus, or equipment used in connection
307 therewith, including boilers and pressure process piping and
308 including the installation of water, natural gas, liquefied
309 petroleum gas and related venting, and storm and sanitary sewer
310 lines. The scope of work of the plumbing contractor also
311 includes the design, if not prohibited by law, and installation,
312 maintenance, repair, alteration, or extension of air-piping,
313 vacuum line piping, oxygen line piping, nitrous oxide piping,
314 and all related medical gas systems; fire line standpipes and
315 fire sprinklers if authorized by law; ink and chemical lines;
316 fuel oil and gasoline piping and tank and pump installation,
317 except bulk storage plants; and pneumatic control piping
318 systems, all in a manner that complies with all plans,
319 specifications, codes, laws, and regulations applicable. The
320 scope of work of the plumbing contractor applies to private
321 property and public property, including any excavation work
322 incidental thereto, and includes the work of the specialty
323 plumbing contractor. Such contractor shall subcontract, with a
324 qualified contractor in the field concerned, all other work
325 incidental to the work but which is specified as being the work
326 of a trade other than that of a plumbing contractor. This
327 definition does not limit the scope of work of any specialty
328 contractor certified pursuant to s. 489.113(6), and does not
329 require certification or registration under this part of any
330 authorized employee of a public natural gas utility or of a
331 private natural gas utility regulated by the Public Service
332 Commission when disconnecting and reconnecting water lines in
333 the servicing or replacement of an existing water heater. A
334 plumbing contractor may perform drain cleaning and clearing and
335 install or repair rainwater catchment systems; however, a
336 mandatory licensing requirement is not established for the
337 performance of these specific services.
338 (n) “Underground utility and excavation contractor” means a
339 contractor whose services are limited to the construction,
340 installation, and repair, on public or private property, whether
341 accomplished through open excavations or through other means,
342 including, but not limited to, directional drilling, auger
343 boring, jacking and boring, trenchless technologies, wet and dry
344 taps, grouting, and slip lining, of main sanitary sewer
345 collection systems, main water distribution systems, storm sewer
346 collection systems, and the continuation of utility lines from
347 the main systems to a point of termination up to and including
348 the meter location for the individual occupancy, sewer
349 collection systems at property line on residential or single
350 occupancy commercial properties, or on multioccupancy properties
351 at manhole or wye lateral extended to an invert elevation as
352 engineered to accommodate future building sewers, water
353 distribution systems, or storm sewer collection systems at storm
354 sewer structures. However, an underground utility and excavation
355 contractor may install empty underground conduits in rights-of
356 way, easements, platted rights-of-way in new site development,
357 and sleeves for parking lot crossings no smaller than 2 inches
358 in diameter if each conduit system installed is designed by a
359 licensed professional engineer or an authorized employee of a
360 municipality, county, or public utility and the installation of
361 such conduit does not include installation of any conductor
362 wiring or connection to an energized electrical system. An
363 underground utility and excavation contractor may not install
364 piping that is an integral part of a fire protection system as
365 defined in s. 633.021 beginning at the point where the piping is
366 used exclusively for such system.
367 (o) “Solar contractor” means a contractor whose services
368 consist of the installation, alteration, repair, maintenance,
369 relocation, or replacement of solar panels for potable solar
370 water heating systems, swimming pool solar heating systems, and
371 photovoltaic systems and any appurtenances, apparatus, or
372 equipment used in connection therewith, whether public, private,
373 or otherwise, regardless of use. A contractor, certified or
374 registered pursuant to this chapter, is not required to become a
375 certified or registered solar contractor or to contract with a
376 solar contractor in order to provide services enumerated in this
377 paragraph that are within the scope of the services such
378 contractors may render under this part.
379 (p) “Pollutant storage systems contractor” means a
380 contractor whose services are limited to, and who has the
381 experience, knowledge, and skill to install, maintain, repair,
382 alter, extend, or design, if not prohibited by law, and use
383 materials and items used in the installation, maintenance,
384 extension, and alteration of, pollutant storage tanks. Any
385 person installing a pollutant storage tank shall perform such
386 installation in accordance with the standards adopted pursuant
387 to s. 376.303.
388 (q) “Specialty contractor” means a contractor whose scope
389 of work and responsibility is limited to a particular phase of
390 construction established in a category adopted by board rule and
391 whose scope is limited to a subset of the activities described
392 in one of the paragraphs of this subsection.
393 Section 3. Subsection (2) of section 489.111, Florida
394 Statutes, is amended to read:
395 489.111 Licensure by examination.—
396 (2) A person shall be eligible for licensure by examination
397 if the person:
398 (a) Is 18 years of age;
399 (b) Is of good moral character; and
400 (c) Meets eligibility requirements according to one of the
401 following criteria:
402 1. Has received a baccalaureate degree from an accredited
403 4-year college in the appropriate field of engineering,
404 architecture, or building construction and has 1 year of proven
405 experience in the category in which the person seeks to qualify.
406 For the purpose of this part, a minimum of 2,000 person-hours
407 shall be used in determining full-time equivalency.
408 2. Has a total of at least 4 years of active experience as
409 a worker who has learned the trade by serving an apprenticeship
410 as a skilled worker who is able to command the rate of a
411 mechanic in the particular trade or as a foreman who is in
412 charge of a group of workers and usually is responsible to a
413 superintendent or a contractor or his or her equivalent,
414 provided, however, that at least 1 year of active experience
415 shall be as a foreman.
416 3. Has a combination of not less than 1 year of experience
417 as a foreman and not less than 3 years of credits for any
418 accredited college-level courses; has a combination of not less
419 than 1 year of experience as a skilled worker, 1 year of
420 experience as a foreman, and not less than 2 years of credits
421 for any accredited college-level courses; or has a combination
422 of not less than 2 years of experience as a skilled worker, 1
423 year of experience as a foreman, and not less than 1 year of
424 credits for any accredited college-level courses. All junior
425 college or community college-level courses shall be considered
426 accredited college-level courses.
427 4.a. An active certified residential contractor is eligible
428 to take the building contractors’ examination if he or she
429 possesses a minimum of 3 years of proven experience in the
430 classification in which he or she is certified.
431 b. An active certified residential contractor is eligible
432 to take the general contractors’ examination if he or she
433 possesses a minimum of 4 years of proven experience in the
434 classification in which he or she is certified.
435 c. An active certified building contractor is eligible to
436 take the general contractors’ examination if he or she possesses
437 a minimum of 4 years of proven experience in the classification
438 in which he or she is certified.
439 5.a. An active certified air-conditioning Class C
440 contractor is eligible to take the air-conditioning Class B
441 contractors’ examination if he or she possesses a minimum of 3
442 years of proven experience in the classification in which he or
443 she is certified.
444 b. An active certified air-conditioning Class C contractor
445 is eligible to take the air-conditioning Class A contractors’
446 examination if he or she possesses a minimum of 4 years of
447 proven experience in the classification in which he or she is
448 certified.
449 c. An active certified air-conditioning Class B contractor
450 is eligible to take the air-conditioning Class A contractors’
451 examination if he or she possesses a minimum of 1 year of proven
452 experience in the classification in which he or she is
453 certified.
454 6.a. An active certified swimming pool servicing contractor
455 is eligible to take the residential swimming pool contractors’
456 examination if he or she possesses a minimum of 3 years of
457 proven experience in the classification in which he or she is
458 certified.
459 b. An active certified swimming pool servicing contractor
460 is eligible to take the swimming pool commercial contractors’
461 examination if he or she possesses a minimum of 4 years of
462 proven experience in the classification in which he or she is
463 certified.
464 c. An active certified residential swimming pool contractor
465 is eligible to take the commercial swimming pool contractors’
466 examination if he or she possesses a minimum of 1 year of proven
467 experience in the classification in which he or she is
468 certified.
469 d. An applicant is eligible to take the swimming pool/spa
470 servicing contractors’ examination if he or she has
471 satisfactorily completed 60 hours of instruction in courses and
472 20 hours of field hands-on instruction related to the scope of
473 work covered by that license and approved by the department
474 Construction Industry Licensing Board by rule and has at least 1
475 year of proven experience related to the scope of work of such a
476 contractor.
477 Section 4. This act shall take effect October 1, 2013.