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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