Senate Bill sb1694

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    Florida Senate - 2005                                  SB 1694

    By Senator Haridopolos





    26-1400-05                                          See HB 795

  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; providing an effective date.

19  

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

21  

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

23  (3) of section 489.105, Florida Statutes, are amended, and

24  subsection (20) is added to that section, to read:

25         489.105  Definitions.--As used in this part:

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

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

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

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

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

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

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    Florida Senate - 2005                                  SB 1694
    26-1400-05                                          See HB 795




 1  building or structure, including related improvements to real

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

 3  scope is substantially similar to the job scope described in

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

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

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

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

 8  in height, other than buildings or residences over three

 9  stories tall; and buildings or residences over three stories

10  tall. Contractors are subdivided into two divisions, Division

11  I, consisting of those contractors defined in paragraphs

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

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

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

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

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

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

18  otherwise, regardless of use. The scope of work includes the

19  installation, repair, or replacement of existing equipment;,

20  any cleaning, or equipment sanitizing, or use of chemicals for

21  the purposes of water treatment; which requires at least a

22  partial disassembling, excluding filter changes, and the

23  installation of new pool/spa equipment, interior finishes, the

24  installation of package pool heaters, and the installation of

25  all perimeter piping and filter piping;, and the construction

26  of equipment rooms or housing for pool/spa equipment, and also

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

28  contractor. The scope of such work does not include direct

29  connections to a sanitary sewer system or to potable water

30  lines. The installation, construction, modification, or

31  replacement of equipment permanently attached to and

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    Florida Senate - 2005                                  SB 1694
    26-1400-05                                          See HB 795




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

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

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

 4  treatment or cleaning shall not require licensure unless the

 5  usage involves construction, modification, or replacement of

 6  such equipment. Water treatment that does not require such

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

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

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

10  pool or spa or its associated equipment.

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

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

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

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

15  of work includes the installation, repair, or replacement of

16  existing equipment;, any cleaning, or equipment sanitizing, or

17  use of chemicals for the purposes of water treatment; which

18  requires at least a partial disassembling, excluding filter

19  changes, and the installation of new pool/spa equipment,

20  interior finishes, the installation of package pool heaters,

21  and the installation of all perimeter piping and filter

22  piping;, and the construction of equipment rooms or housing

23  for pool/spa equipment, and also includes the scope of work of

24  a swimming pool/spa servicing contractor. The scope of such

25  work does not include direct connections to a sanitary sewer

26  system or to potable water lines. The installation,

27  construction, modification, or replacement of equipment

28  permanently attached to and associated with the pool or spa

29  for the purpose of water treatment or cleaning of the pool or

30  spa requires licensure; however, the usage of such equipment

31  for the purposes of water treatment or cleaning shall not

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    Florida Senate - 2005                                  SB 1694
    26-1400-05                                          See HB 795




 1  require licensure unless the usage involves construction,

 2  modification, or replacement of such equipment. Water

 3  treatment that does not require such equipment does not

 4  require a license. In addition, a license shall not be

 5  required for the cleaning of the pool or spa in any way that

 6  does not affect the structural integrity of the pool or spa or

 7  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 servicing of any swimming pool, or hot tub

11  or spa, whether public, or private, or otherwise, regardless

12  of use. The scope of work includes the repair or replacement

13  of existing equipment;, any cleaning, or equipment sanitizing,

14  or use of chemicals for the purposes of water treatment; which

15  requires at least a partial disassembling, excluding filter

16  changes, and the installation of new pool/spa equipment;,

17  interior refinishing;, the reinstallation or addition of pool

18  heaters;, the repair or replacement of all perimeter piping

19  and filter piping;, the repair of equipment rooms or housing

20  for pool/spa equipment;, and the substantial or complete

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

22  purpose of any repair or renovation. The scope of such work

23  does not include direct connections to a sanitary sewer system

24  or to potable water lines. The installation, construction,

25  modification, substantial or complete disassembly, or

26  replacement of equipment permanently attached to and

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

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

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

30  treatment or cleaning shall not require licensure unless the

31  usage involves construction, modification, substantial or

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    Florida Senate - 2005                                  SB 1694
    26-1400-05                                          See HB 795




 1  complete disassembly, or replacement of such equipment. Water

 2  treatment that does not require such equipment does not

 3  require a license. In addition, a license shall not be

 4  required for the cleaning of the pool or spa in any way that

 5  does not affect the structural integrity of the pool or spa or

 6  its associated equipment.

 7         (20)  "Provisional license" means a license granted to

 8  a swimming pool/spa servicing contractor who has met all

 9  qualifications for licensure but has no proven work experience

10  related to the scope of work of such a contractor. A

11  provisional license shall be effective for a period of 1 year

12  from the date of issuance, at which time a license will be

13  granted to the individual or business organization qualified

14  by that individual. During the term of provisional licensure,

15  the contractor shall be prohibited from performing any work

16  involving public swimming pools, or hot tubs or spas, interior

17  refinishing of private swimming pools, or hot tubs or spas,

18  and any draining of a private swimming pool, or hot tub or

19  spa, for the purpose of any repair or renovation. During the

20  term of provisional licensure, the contractor may partially

21  drain up to 75 percent of a private swimming pool, or hot tub

22  or spa, for the purposes of water treatment.

23         Section 2.  Paragraph (c) of subsection (2) of section

24  489.111, Florida Statutes, is amended to read:

25         489.111  Licensure by examination.--

26         (2)  A person shall be eligible for licensure by

27  examination if the person:

28         (c)  Meets eligibility requirements according to one of

29  the following criteria:

30         1.  Has received a baccalaureate degree from an

31  accredited 4-year college in the appropriate field of

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    Florida Senate - 2005                                  SB 1694
    26-1400-05                                          See HB 795




 1  engineering, architecture, or building construction and has 1

 2  year of proven experience in the category in which the person

 3  seeks to qualify. For the purpose of this part, a minimum of

 4  2,000 person-hours shall be used in determining full-time

 5  equivalency.

 6         2.  Has a total of at least 4 years of active

 7  experience as a worker who has learned the trade by serving an

 8  apprenticeship as a skilled worker who is able to command the

 9  rate of a mechanic in the particular trade or as a foreman who

10  is in charge of a group of workers and usually is responsible

11  to a superintendent or a contractor or his or her equivalent,

12  provided, however, that at least 1 year of active experience

13  shall be as a foreman.

14         3.  Has a combination of not less than 1 year of

15  experience as a foreman and not less than 3 years of credits

16  for any accredited college-level courses; has a combination of

17  not less than 1 year of experience as a skilled worker, 1 year

18  of experience as a foreman, and not less than 2 years of

19  credits for any accredited college-level courses; or has a

20  combination of not less than 2 years of experience as a

21  skilled worker, 1 year of experience as a foreman, and not

22  less than 1 year of credits for any accredited college-level

23  courses. All junior college or community college-level courses

24  shall be considered accredited college-level courses.

25         4.a.  An active certified residential contractor is

26  eligible to take the building contractors' examination if he

27  or she possesses a minimum of 3 years of proven experience in

28  the classification in which he or she is certified.

29         b.  An active certified residential contractor is

30  eligible to take the general contractors' examination if he or

31  

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    Florida Senate - 2005                                  SB 1694
    26-1400-05                                          See HB 795




 1  she possesses a minimum of 4 years of proven experience in the

 2  classification in which he or she is certified.

 3         c.  An active certified building contractor is eligible

 4  to take the general contractors' examination if he or she

 5  possesses a minimum of 4 years of proven experience in the

 6  classification in which he or she is certified.

 7         5.a.  An active certified air-conditioning Class C

 8  contractor is eligible to take the air-conditioning Class B

 9  contractors' examination if he or she possesses a minimum of 3

10  years of proven experience in the classification in which he

11  or she is certified.

12         b.  An active certified air-conditioning Class C

13  contractor is eligible to take the air-conditioning Class A

14  contractors' examination if he or she possesses a minimum of 4

15  years of proven experience in the classification in which he

16  or she is certified.

17         c.  An active certified air-conditioning Class B

18  contractor is eligible to take the air-conditioning Class A

19  contractors' examination if he or she possesses a minimum of 1

20  year of proven experience in the classification in which he or

21  she is certified.

22         6.a.  An active certified swimming pool servicing

23  contractor is eligible to take the residential swimming pool

24  contractors' examination if he or she possesses a minimum of 3

25  years of proven experience in the classification in which he

26  or she is certified.

27         b.  An active certified swimming pool servicing

28  contractor is eligible to take the swimming pool commercial

29  contractors' examination if he or she possesses a minimum of 4

30  years of proven experience in the classification in which he

31  or she is certified.

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    Florida Senate - 2005                                  SB 1694
    26-1400-05                                          See HB 795




 1         c.  An active certified residential swimming pool

 2  contractor is eligible to take the commercial swimming pool

 3  contractors' examination if he or she possesses a minimum of 1

 4  year of proven experience in the classification in which he or

 5  she is certified.

 6         d.  An applicant is eligible to take the swimming

 7  pool/spa servicing contractors' examination if he or she has

 8  satisfactorily completed 60 hours of instruction in courses

 9  related to the scope of work covered by that license and

10  approved by the Construction Industry Licensing Board by rule

11  and has at least 1 year of proven experience related to the

12  scope of work of such a contractor.

13         Section 3.  Section 514.075, Florida Statutes, is

14  amended to read:

15         514.075  Public pool service technician;

16  certification.--The department shall may require that a public

17  pool, as defined in s. 514.011, be serviced by a person

18  licensed under s. 489.105(3)(j), (k), or (l); a person

19  permitted as a public pool operator under s. 514.031; or a

20  person who is certified as a pool service technician and who

21  is the direct employee of a person permitted as a public pool

22  operator under s. 514.031. To be certified, an individual must

23  demonstrate knowledge of public pools which includes, but is

24  not limited to: pool cleaning; general pool maintenance; pool

25  safety codes; source of the water supply; bacteriological,

26  chemical, and physical quality of water; and water

27  purification, testing, treatment, and disinfection procedures.

28  The department may, by rule, establish the requirement for the

29  certification course and course approval. The department shall

30  deem certified any individual who is certified by a course of

31  national recognition such as the Certified Pool Operator

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    Florida Senate - 2005                                  SB 1694
    26-1400-05                                          See HB 795




 1  certification from the National Swimming Pool Foundation or

 2  any person licensed under s. 489.105(3)(j), (k), or (l). This

 3  requirement does not apply to a person, or the direct employee

 4  of a person, permitted as a public pool operator under s.

 5  514.031.

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