House Bill 1583

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    Florida House of Representatives - 2000                HB 1583

        By Representative Russell






  1                      A bill to be entitled

  2         An act relating to pool/spa contracting;

  3         amending s. 489.105, F.S.; redefining the scope

  4         of work of commercial and residential pool/spa

  5         contractors and swimming pool/spa servicing

  6         contractors; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Paragraphs (j), (k), and (l) of subsection

11  (3) of section 489.105, Florida Statutes, are amended to read:

12         489.105  Definitions.--As used in this part:

13         (3)  "Contractor" means the person who is qualified

14  for, and shall only be responsible for, the project contracted

15  for and means, except as exempted in this part, the person

16  who, for compensation, undertakes to, submits a bid to, or

17  does himself or herself or by others construct, repair, alter,

18  remodel, add to, demolish, subtract from, or improve any

19  building or structure, including related improvements to real

20  estate, for others or for resale to others; and whose job

21  scope is substantially similar to the job scope described in

22  one of the subsequent paragraphs of this subsection. For the

23  purposes of regulation under this part, "demolish" applies

24  only to demolition of steel tanks over 50 feet in height;

25  towers over 50 feet in height; other structures over 50 feet

26  in height, other than buildings or residences over three

27  stories tall; and buildings or residences over three stories

28  tall. Contractors are subdivided into two divisions, Division

29  I, consisting of those contractors defined in paragraphs

30  (a)-(c), and Division II, consisting of those contractors

31  defined in paragraphs (d)-(q):

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    Florida House of Representatives - 2000                HB 1583

    709-116A-00






  1         (j)  "Commercial pool/spa contractor" means a

  2  contractor whose scope of work involves, but is not limited

  3  to, the construction, repair, and servicing of any swimming

  4  pool, or hot tub, or spa, whether public, private, or

  5  otherwise, regardless of use. The scope of work includes,

  6  including the repair or replacement of existing equipment, any

  7  cleaning or equipment sanitizing which requires at least a

  8  partial disassembling, and or the installation of new pool/spa

  9  equipment, including heaters of all types, installation of all

10  perimeter piping and filter piping, and construction of

11  equipment rooms or housing for pool/spa equipment, as

12  necessary.  The scope of such work includes layout,

13  excavation, operation of construction pumps for dewatering

14  purposes, steelwork, installation of light niches,

15  construction of floors, guniting, fiberglassing, installation

16  of tile and coping, installation of all perimeter and filter

17  piping, installation of all filter equipment and chemical

18  feeders of any type, plastering of the interior, construction

19  of decks, construction of equipment rooms or housing for pool

20  equipment, and installation of package pool heaters and also

21  includes the scope of work of a swimming pool/spa servicing

22  contractor. However, The scope of such work does not include

23  direct connections to a sanitary sewer system or to potable

24  water lines. The installation, construction, modification, or

25  replacement of equipment permanently attached to and

26  associated with the pool or spa for the purpose of water

27  treatment or cleaning of the pool or spa requires licensure;

28  however, the usage of such equipment for the purposes of water

29  treatment or cleaning shall not require licensure unless the

30  usage involves construction, modification, or replacement of

31  such equipment.  Water treatment that does not require such

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    Florida House of Representatives - 2000                HB 1583

    709-116A-00






  1  equipment does not require a license.  In addition, a license

  2  shall not be required for the cleaning of the pool or spa in

  3  any way that does not affect the structural integrity of the

  4  pool or spa or its associated equipment.

  5         (k)  "Residential pool/spa contractor" means a

  6  contractor whose scope of work involves, but is not limited

  7  to, the construction, repair, and servicing of any residential

  8  swimming pool, or hot tub, or spa, regardless of use. The

  9  scope of work includes, including the repair or replacement of

10  existing equipment, any cleaning or equipment sanitizing which

11  requires at least a partial disassembling, and or the

12  installation of new pool/spa equipment, including heaters of

13  all types, installation of all perimeter piping and filter

14  piping, and construction of equipment rooms or housing for

15  pool/spa equipment, as necessary. The scope of such work

16  includes layout, excavation, operation of construction pumps

17  for dewatering purposes, steelwork, installation of light

18  niches, construction of floors, guniting, fiberglassing,

19  installation of tile and coping, installation of all perimeter

20  and filter piping, installation of all filter equipment and

21  chemical feeders of any type, plastering of the interior,

22  construction of decks, installation of housing for pool

23  equipment, and installation of package pool heaters and also

24  includes the scope of work of a swimming pool/spa servicing

25  contractor. However, The scope of such work does not include

26  direct connections to a sanitary sewer system or to potable

27  water lines. The installation, construction, modification, or

28  replacement of equipment permanently attached to and

29  associated with the pool or spa for the purpose of water

30  treatment or cleaning of the pool or spa requires licensure;

31  however, the usage of such equipment for the purposes of water

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    Florida House of Representatives - 2000                HB 1583

    709-116A-00






  1  treatment or cleaning shall not require licensure unless the

  2  usage involves construction, modification, or replacement of

  3  such equipment.  Water treatment that does not require such

  4  equipment does not require a license.  In addition, a license

  5  shall not be required for the cleaning of the pool or spa in

  6  any way that does not affect the structural integrity of the

  7  pool or spa or its associated equipment.

  8         (l)  "Swimming pool/spa servicing contractor" means a

  9  contractor whose scope of work involves, but is not limited

10  to, the repair and the servicing and repair of any swimming

11  pool, or hot tub, or spa, whether public or private, or

12  otherwise, regardless of use. The scope of such work includes

13  the repair or may include any necessary piping and repairs,

14  replacement and repair of existing equipment, any cleaning or

15  equipment sanitizing which requires at least a partial

16  disassembling, and the or installation of new pool/spa

17  additional equipment, including heaters of all types, as

18  necessary. The scope of such work includes the reinstallation

19  of tile and coping, repair or and replacement of all perimeter

20  piping and filter piping, repair of equipment rooms or housing

21  for pool/spa equipment, and the substantial or complete

22  draining of a swimming pool, hot tub, or spa for the purposes

23  of any repair or renovation. The scope of such work does not

24  include direct connections to a sanitary sewer system or to

25  potable water lines filter equipment, and chemical feeders of

26  any type, replastering, reconstruction of decks, and

27  reinstallation or addition of pool heaters. The installation,

28  construction, modification, substantial or complete

29  disassembly, or replacement of equipment permanently attached

30  to and associated with the pool or spa for the purpose of

31  water treatment or cleaning of the pool or spa requires

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






    Florida House of Representatives - 2000                HB 1583

    709-116A-00






  1  licensure; however, the usage of such equipment for the

  2  purposes of water treatment or cleaning shall not require

  3  licensure unless the usage involves construction,

  4  modification, substantial or complete disassembly, or

  5  replacement of such equipment. Water treatment that does not

  6  require such equipment does not require a license. In

  7  addition, a license shall not be required for the cleaning of

  8  the pool or spa in any way that does not affect the structural

  9  integrity of the pool or spa or its associated equipment.

10         Section 2.  This act shall take effect upon becoming a

11  law.

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14                          HOUSE SUMMARY

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      Amends definitions relating to contracting under pt. I,
16    ch. 489, F.S., to revise the scope of work of commercial
      and residential pool/spa contractors and swimming
17    pool/spa servicing contractors. See bill for details.

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