Florida Senate - 2012 SB 1544
By Senator Altman
24-01248A-12 20121544__
1 A bill to be entitled
2 An act relating to swimming pools and spas; amending
3 s. 489.105, F.S.; revising the definition of the terms
4 “contractor,” “commercial pool/spa contractor,”
5 “residential pool/spa contractor,” and “swimming
6 pool/spa servicing contractor” to include the
7 cleaning, maintenance, and water treatment of swimming
8 pools and spas; conforming provisions to changes made
9 by the act; amending s. 489.111, F.S.; revising
10 eligibility requirements to take the swimming pool/spa
11 servicing contractors’ examination; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (3) of section 489.105, Florida
17 Statutes, is amended to read:
18 489.105 Definitions.—As used in this part:
19 (3) “Contractor” means the person who is qualified for, and
20 is only responsible for, the project contracted for and means,
21 except as exempted in this part, the person who, for
22 compensation, undertakes to, submits a bid to, or does himself
23 or herself or by others construct, repair, alter, remodel, add
24 to, demolish, maintain for purposes of water treatment, subtract
25 from, or improve any building or structure, including related
26 improvements to real estate, for others or for resale to others;
27 and whose job scope is substantially similar to the job scope
28 described in one of the subsequent paragraphs of this
29 subsection. For the purposes of regulation under this part,
30 “demolish” applies only to demolition of steel tanks over 50
31 feet in height; towers over 50 feet in height; other structures
32 over 50 feet in height, other than buildings or residences over
33 three stories tall; and buildings or residences over three
34 stories tall. For purposes of regulation under this part, the
35 phrase “maintain for purposes of water treatment” applies only
36 to cleaning, maintenance, and water treatment of swimming pools
37 and spas. Contractors are subdivided into two divisions,
38 Division I, consisting of those contractors defined in
39 paragraphs (a)-(c), and Division II, consisting of those
40 contractors defined in paragraphs (d)-(r):
41 (a) “General contractor” means a contractor whose services
42 are unlimited as to the type of work which he or she may do, who
43 may contract for any activity requiring licensure under this
44 part, and who may perform any work requiring licensure under
45 this part, except as otherwise expressly provided in s. 489.113.
46 (b) “Building contractor” means a contractor whose services
47 are limited to construction of commercial buildings and single
48 dwelling or multiple-dwelling residential buildings, which do
49 not exceed three stories in height, and accessory use structures
50 in connection therewith or a contractor whose services are
51 limited to remodeling, repair, or improvement of any size
52 building if the services do not affect the structural members of
53 the building.
54 (c) “Residential contractor” means a contractor whose
55 services are limited to construction, remodeling, repair, or
56 improvement of one-family, two-family, or three-family
57 residences not exceeding two habitable stories above no more
58 than one uninhabitable story and accessory use structures in
59 connection therewith.
60 (d) “Sheet metal contractor” means a contractor whose
61 services are unlimited in the sheet metal trade and who has the
62 experience, knowledge, and skill necessary for the manufacture,
63 fabrication, assembling, handling, erection, installation,
64 dismantling, conditioning, adjustment, insulation, alteration,
65 repair, servicing, or design, if not prohibited by law, of
66 ferrous or nonferrous metal work of U.S. No. 10 gauge or its
67 equivalent or lighter gauge and of other materials, including,
68 but not limited to, fiberglass, used in lieu thereof and of air
69 handling systems, including the setting of air-handling
70 equipment and reinforcement of same, the balancing of air
71 handling systems, and any duct cleaning and equipment sanitizing
72 that requires at least a partial disassembling of the system.
73 (e) “Roofing contractor” means a contractor whose services
74 are unlimited in the roofing trade and who has the experience,
75 knowledge, and skill to install, maintain, repair, alter,
76 extend, or design, if not prohibited by law, and use materials
77 and items used in the installation, maintenance, extension, and
78 alteration of all kinds of roofing, waterproofing, and coating,
79 except when coating is not represented to protect, repair,
80 waterproof, stop leaks, or extend the life of the roof. The
81 scope of work of a roofing contractor also includes required
82 roof-deck attachments and any repair or replacement of wood roof
83 sheathing or fascia as needed during roof repair or replacement.
84 (f) “Class A air-conditioning contractor” means a
85 contractor whose services are unlimited in the execution of
86 contracts requiring the experience, knowledge, and skill to
87 install, maintain, repair, fabricate, alter, extend, or design,
88 if not prohibited by law, central air-conditioning,
89 refrigeration, heating, and ventilating systems, including duct
90 work in connection with a complete system if such duct work is
91 performed by the contractor as necessary to complete an air
92 distribution system, boiler and unfired pressure vessel systems,
93 and all appurtenances, apparatus, or equipment used in
94 connection therewith, and any duct cleaning and equipment
95 sanitizing that requires at least a partial disassembling of the
96 system; to install, maintain, repair, fabricate, alter, extend,
97 or design, if not prohibited by law, piping, insulation of
98 pipes, vessels and ducts, pressure and process piping, and
99 pneumatic control piping; to replace, disconnect, or reconnect
100 power wiring on the load side of the dedicated existing
101 electrical disconnect switch; to install, disconnect, and
102 reconnect low voltage heating, ventilating, and air-conditioning
103 control wiring; and to install a condensate drain from an air
104 conditioning unit to an existing safe waste or other approved
105 disposal other than a direct connection to a sanitary system.
106 The scope of work for such contractor also includes any
107 excavation work incidental thereto, but does not include any
108 work such as liquefied petroleum or natural gas fuel lines
109 within buildings, except for disconnecting or reconnecting
110 changeouts of liquefied petroleum or natural gas appliances
111 within buildings; potable water lines or connections thereto;
112 sanitary sewer lines; swimming pool piping and filters; or
113 electrical power wiring.
114 (g) “Class B air-conditioning contractor” means a
115 contractor whose services are limited to 25 tons of cooling and
116 500,000 Btu of heating in any one system in the execution of
117 contracts requiring the experience, knowledge, and skill to
118 install, maintain, repair, fabricate, alter, extend, or design,
119 if not prohibited by law, central air-conditioning,
120 refrigeration, heating, and ventilating systems, including duct
121 work in connection with a complete system only to the extent
122 such duct work is performed by the contractor as necessary to
123 complete an air-distribution system being installed under this
124 classification, and any duct cleaning and equipment sanitizing
125 that requires at least a partial disassembling of the system; to
126 install, maintain, repair, fabricate, alter, extend, or design,
127 if not prohibited by law, piping and insulation of pipes,
128 vessels, and ducts; to replace, disconnect, or reconnect power
129 wiring on the load side of the dedicated existing electrical
130 disconnect switch; to install, disconnect, and reconnect low
131 voltage heating, ventilating, and air-conditioning control
132 wiring; and to install a condensate drain from an air
133 conditioning unit to an existing safe waste or other approved
134 disposal other than a direct connection to a sanitary system.
135 The scope of work for such contractor also includes any
136 excavation work incidental thereto, but does not include any
137 work such as liquefied petroleum or natural gas fuel lines
138 within buildings, except for disconnecting or reconnecting
139 changeouts of liquefied petroleum or natural gas appliances
140 within buildings; potable water lines or connections thereto;
141 sanitary sewer lines; swimming pool piping and filters; or
142 electrical power wiring.
143 (h) “Class C air-conditioning contractor” means a
144 contractor whose business is limited to the servicing of air
145 conditioning, heating, or refrigeration systems, including any
146 duct cleaning and equipment sanitizing that requires at least a
147 partial disassembling of the system, and whose certification or
148 registration, issued pursuant to this part, was valid on October
149 1, 1988. Only a person who was registered or certified as a
150 Class C air-conditioning contractor as of October 1, 1988, shall
151 be so registered or certified after October 1, 1988. However,
152 the board shall continue to license and regulate those Class C
153 air-conditioning contractors who held Class C licenses before
154 October 1, 1988.
155 (i) “Mechanical contractor” means a contractor whose
156 services are unlimited in the execution of contracts requiring
157 the experience, knowledge, and skill to install, maintain,
158 repair, fabricate, alter, extend, or design, if not prohibited
159 by law, central air-conditioning, refrigeration, heating, and
160 ventilating systems, including duct work in connection with a
161 complete system if such duct work is performed by the contractor
162 as necessary to complete an air-distribution system, boiler and
163 unfired pressure vessel systems, lift station equipment and
164 piping, and all appurtenances, apparatus, or equipment used in
165 connection therewith, and any duct cleaning and equipment
166 sanitizing that requires at least a partial disassembling of the
167 system; to install, maintain, repair, fabricate, alter, extend,
168 or design, if not prohibited by law, piping, insulation of
169 pipes, vessels and ducts, pressure and process piping, pneumatic
170 control piping, gasoline tanks and pump installations and piping
171 for same, standpipes, air piping, vacuum line piping, oxygen
172 lines, nitrous oxide piping, ink and chemical lines, fuel
173 transmission lines, liquefied petroleum gas lines within
174 buildings, and natural gas fuel lines within buildings; to
175 replace, disconnect, or reconnect power wiring on the load side
176 of the dedicated existing electrical disconnect switch; to
177 install, disconnect, and reconnect low voltage heating,
178 ventilating, and air-conditioning control wiring; and to install
179 a condensate drain from an air-conditioning unit to an existing
180 safe waste or other approved disposal other than a direct
181 connection to a sanitary system. The scope of work for such
182 contractor also includes any excavation work incidental thereto,
183 but does not include any work such as potable water lines or
184 connections thereto, sanitary sewer lines, swimming pool piping
185 and filters, or electrical power wiring.
186 (j) “Commercial pool/spa contractor” means a contractor
187 whose scope of work involves, but is not limited to, the
188 construction, repair, water treatment, maintenance, and
189 servicing of any swimming pool, or hot tub or spa, whether
190 public, private, or otherwise, regardless of use. The scope of
191 work includes the installation, repair, or replacement of
192 existing equipment, any cleaning or equipment sanitizing that
193 requires at least a partial disassembling, excluding filter
194 changes, and the installation of new pool/spa equipment,
195 interior finishes, the installation of package pool heaters, the
196 installation of all perimeter piping and filter piping, and the
197 construction of equipment rooms or housing for pool/spa
198 equipment, and also includes the scope of work of a swimming
199 pool/spa servicing contractor. The scope of such work does not
200 include direct connections to a sanitary sewer system or to
201 potable water lines. The installation, construction,
202 modification, or replacement of equipment permanently attached
203 to and associated with the pool or spa for the purpose of water
204 treatment or cleaning of the pool or spa requires licensure;
205 however, the usage of such equipment for the purposes of water
206 treatment or cleaning does not require licensure unless the
207 usage involves construction, modification, or replacement of
208 such equipment. Water treatment that does not require such
209 equipment does not require a license. In addition, a license is
210 not required for the cleaning of the pool or spa in a way that
211 does not affect the structural integrity of the pool or spa or
212 its associated equipment.
213 (k) “Residential pool/spa contractor” means a contractor
214 whose scope of work involves, but is not limited to, the
215 construction, repair, water treatment, maintenance, and
216 servicing of a residential swimming pool, or hot tub or spa,
217 regardless of use. The scope of work includes the installation,
218 repair, or replacement of existing equipment, any cleaning or
219 equipment sanitizing that requires at least a partial
220 disassembling, excluding filter changes, and the installation of
221 new pool/spa equipment, interior finishes, the installation of
222 package pool heaters, the installation of all perimeter piping
223 and filter piping, and the construction of equipment rooms or
224 housing for pool/spa equipment, and also includes the scope of
225 work of a swimming pool/spa servicing contractor. The scope of
226 such work does not include direct connections to a sanitary
227 sewer system or to potable water lines. The installation,
228 construction, modification, or replacement of equipment
229 permanently attached to and associated with the pool or spa for
230 the purpose of water treatment or cleaning of the pool or spa
231 requires licensure; however, the usage of such equipment for the
232 purposes of water treatment or cleaning does not require
233 licensure unless the usage involves construction, modification,
234 or replacement of such equipment. Water treatment that does not
235 require such equipment does not require a license. In addition,
236 a license is not required for the cleaning of the pool or spa in
237 a way that does not affect the structural integrity of the pool
238 or spa or its associated equipment.
239 (l) “Swimming pool/spa servicing contractor” means a
240 contractor whose scope of work involves, but is not limited to,
241 the repair, water treatment, maintenance, and servicing of a
242 swimming pool, or hot tub or spa, whether public or private, or
243 otherwise, regardless of use. The scope of work includes the
244 repair or replacement of existing equipment, any sanitation,
245 chemical balancing, routine maintenance or cleaning, cleaning or
246 equipment sanitizing that requires at least a partial
247 disassembling, excluding filter changes, and the installation of
248 new pool/spa equipment, interior refinishing, the reinstallation
249 or addition of pool heaters, the repair or replacement of all
250 perimeter piping and filter piping, the repair of equipment
251 rooms or housing for pool/spa equipment, and the substantial or
252 complete draining of a swimming pool, or hot tub or spa, for the
253 purpose of repair, or renovation, or water treatment. The scope
254 of such work does not include direct connections to a sanitary
255 sewer system or to potable water lines. The installation,
256 construction, modification, substantial or complete disassembly,
257 or replacement of equipment permanently attached to and
258 associated with the pool or spa for the purpose of water
259 treatment or cleaning of the pool or spa requires licensure;
260 however, the usage of such equipment for the purposes of water
261 treatment or cleaning does not require licensure unless the
262 usage involves construction, modification, substantial or
263 complete disassembly, or replacement of such equipment. Water
264 treatment that does not require such equipment does not require
265 a license. In addition, a license is not required for the
266 cleaning of the pool or spa in a way that does not affect the
267 structural integrity of the pool or spa or its associated
268 equipment.
269 (m) “Plumbing contractor” means a contractor whose
270 contracting business consists of the execution of contracts
271 requiring the experience, financial means, knowledge, and skill
272 to install, maintain, repair, alter, extend, or, if not
273 prohibited by law, design plumbing. A plumbing contractor may
274 install, maintain, repair, alter, extend, or, if not prohibited
275 by law, design the following without obtaining an additional
276 local regulatory license, certificate, or registration: sanitary
277 drainage or storm drainage facilities; venting systems; public
278 or private water supply systems; septic tanks; drainage and
279 supply wells; swimming pool piping; irrigation systems; or solar
280 heating water systems and all appurtenances, apparatus, or
281 equipment used in connection therewith, including boilers and
282 pressure process piping and including the installation of water,
283 natural gas, liquefied petroleum gas and related venting, and
284 storm and sanitary sewer lines; and water and sewer plants and
285 substations. The scope of work of the plumbing contractor also
286 includes the design, if not prohibited by law, and installation,
287 maintenance, repair, alteration, or extension of air-piping,
288 vacuum line piping, oxygen line piping, nitrous oxide piping,
289 and all related medical gas systems; fire line standpipes and
290 fire sprinklers if authorized by law; ink and chemical lines;
291 fuel oil and gasoline piping and tank and pump installation,
292 except bulk storage plants; and pneumatic control piping
293 systems, all in a manner that complies with all plans,
294 specifications, codes, laws, and regulations applicable. The
295 scope of work of the plumbing contractor applies to private
296 property and public property, including any excavation work
297 incidental thereto, and includes the work of the specialty
298 plumbing contractor. Such contractor shall subcontract, with a
299 qualified contractor in the field concerned, all other work
300 incidental to the work but which is specified as being the work
301 of a trade other than that of a plumbing contractor. This
302 definition does not limit the scope of work of any specialty
303 contractor certified pursuant to s. 489.113(6), and does not
304 require certification or registration under this part of any
305 authorized employee of a public natural gas utility or of a
306 private natural gas utility regulated by the Public Service
307 Commission when disconnecting and reconnecting water lines in
308 the servicing or replacement of an existing water heater.
309 (n) “Underground utility and excavation contractor” means a
310 contractor whose services are limited to the construction,
311 installation, and repair, on public or private property, whether
312 accomplished through open excavations or through other means,
313 including, but not limited to, directional drilling, auger
314 boring, jacking and boring, trenchless technologies, wet and dry
315 taps, grouting, and slip lining, of main sanitary sewer
316 collection systems, main water distribution systems, storm sewer
317 collection systems, and the continuation of utility lines from
318 the main systems to a point of termination up to and including
319 the meter location for the individual occupancy, sewer
320 collection systems at property line on residential or single
321 occupancy commercial properties, or on multioccupancy properties
322 at manhole or wye lateral extended to an invert elevation as
323 engineered to accommodate future building sewers, water
324 distribution systems, or storm sewer collection systems at storm
325 sewer structures. However, an underground utility and excavation
326 contractor may install empty underground conduits in rights-of
327 way, easements, platted rights-of-way in new site development,
328 and sleeves for parking lot crossings no smaller than 2 inches
329 in diameter if each conduit system installed is designed by a
330 licensed professional engineer or an authorized employee of a
331 municipality, county, or public utility and the installation of
332 such conduit does not include installation of any conductor
333 wiring or connection to an energized electrical system. An
334 underground utility and excavation contractor may not install
335 piping that is an integral part of a fire protection system as
336 defined in s. 633.021 beginning at the point where the piping is
337 used exclusively for such system.
338 (o) “Solar contractor” means a contractor whose services
339 consist of the installation, alteration, repair, maintenance,
340 relocation, or replacement of solar panels for potable solar
341 water heating systems, swimming pool solar heating systems, and
342 photovoltaic systems and any appurtenances, apparatus, or
343 equipment used in connection therewith, whether public, private,
344 or otherwise, regardless of use. A contractor, certified or
345 registered pursuant to this chapter, is not required to become a
346 certified or registered solar contractor or to contract with a
347 solar contractor in order to provide services enumerated in this
348 paragraph that are within the scope of the services such
349 contractors may render under this part.
350 (p) “Pollutant storage systems contractor” means a
351 contractor whose services are limited to, and who has the
352 experience, knowledge, and skill to install, maintain, repair,
353 alter, extend, or design, if not prohibited by law, and use
354 materials and items used in the installation, maintenance,
355 extension, and alteration of, pollutant storage tanks. Any
356 person installing a pollutant storage tank shall perform such
357 installation in accordance with the standards adopted pursuant
358 to s. 376.303.
359 (q) “Glass and glazing contractor” means a contractor whose
360 services are unlimited in the execution of contracts requiring
361 the experience, knowledge, and skill to install, attach,
362 maintain, repair, fabricate, alter, extend, or design, in
363 residential and commercial applications without any height
364 restrictions, all types of windows, glass, and mirrors, whether
365 fixed or movable; swinging or sliding glass doors attached to
366 existing walls, floors, columns, or other structural members of
367 the building; glass holding or supporting mullions or horizontal
368 bars; structurally anchored impact-resistant opening protection
369 attached to existing building walls, floors, columns, or other
370 structural members of the building; prefabricated glass, metal,
371 or plastic curtain walls; storefront frames or panels; shower
372 and tub enclosures; metal fascias; and caulking incidental to
373 such work and assembly.
374 (r) “Specialty contractor” means a contractor whose scope
375 of work and responsibility is limited to a particular phase of
376 construction established in a category adopted by board rule and
377 whose scope is limited to a subset of the activities described
378 in one of the paragraphs of this subsection.
379 Section 2. Subsection (2) of section 489.111, Florida
380 Statutes, is amended to read:
381 489.111 Licensure by examination.—
382 (2) A person shall be eligible for licensure by examination
383 if the person:
384 (a) Is 18 years of age;
385 (b) Is of good moral character; and
386 (c) Meets eligibility requirements according to one of the
387 following criteria:
388 1. Has received a baccalaureate degree from an accredited
389 4-year college in the appropriate field of engineering,
390 architecture, or building construction and has 1 year of proven
391 experience in the category in which the person seeks to qualify.
392 For the purpose of this part, a minimum of 2,000 person-hours
393 shall be used in determining full-time equivalency.
394 2. Has a total of at least 4 years of active experience as
395 a worker who has learned the trade by serving an apprenticeship
396 as a skilled worker who is able to command the rate of a
397 mechanic in the particular trade or as a foreman who is in
398 charge of a group of workers and usually is responsible to a
399 superintendent or a contractor or his or her equivalent,
400 provided, however, that at least 1 year of active experience
401 shall be as a foreman.
402 3. Has a combination of not less than 1 year of experience
403 as a foreman and not less than 3 years of credits for any
404 accredited college-level courses; has a combination of not less
405 than 1 year of experience as a skilled worker, 1 year of
406 experience as a foreman, and not less than 2 years of credits
407 for any accredited college-level courses; or has a combination
408 of not less than 2 years of experience as a skilled worker, 1
409 year of experience as a foreman, and not less than 1 year of
410 credits for any accredited college-level courses. All junior
411 college or community college-level courses shall be considered
412 accredited college-level courses.
413 4.a. An active certified residential contractor is eligible
414 to take the building contractors’ examination if he or she
415 possesses a minimum of 3 years of proven experience in the
416 classification in which he or she is certified.
417 b. An active certified residential contractor is eligible
418 to take the general contractors’ examination if he or she
419 possesses a minimum of 4 years of proven experience in the
420 classification in which he or she is certified.
421 c. An active certified building contractor is eligible to
422 take the general contractors’ examination if he or she possesses
423 a minimum of 4 years of proven experience in the classification
424 in which he or she is certified.
425 5.a. An active certified air-conditioning Class C
426 contractor is eligible to take the air-conditioning Class B
427 contractors’ examination if he or she possesses a minimum of 3
428 years of proven experience in the classification in which he or
429 she is certified.
430 b. An active certified air-conditioning Class C contractor
431 is eligible to take the air-conditioning Class A contractors’
432 examination if he or she possesses a minimum of 4 years of
433 proven experience in the classification in which he or she is
434 certified.
435 c. An active certified air-conditioning Class B contractor
436 is eligible to take the air-conditioning Class A contractors’
437 examination if he or she possesses a minimum of 1 year of proven
438 experience in the classification in which he or she is
439 certified.
440 6.a. An active certified swimming pool servicing contractor
441 is eligible to take the residential swimming pool contractors’
442 examination if he or she possesses a minimum of 3 years of
443 proven experience in the classification in which he or she is
444 certified.
445 b. An active certified swimming pool servicing contractor
446 is eligible to take the swimming pool commercial contractors’
447 examination if he or she possesses a minimum of 4 years of
448 proven experience in the classification in which he or she is
449 certified.
450 c. An active certified residential swimming pool contractor
451 is eligible to take the commercial swimming pool contractors’
452 examination if he or she possesses a minimum of 1 year of proven
453 experience in the classification in which he or she is
454 certified.
455 d. An applicant is eligible to take the swimming pool/spa
456 servicing contractors’ examination if he or she has
457 satisfactorily completed 60 hours of instruction in courses and
458 20 hours of field hands-on instruction related to the scope of
459 work covered by that license and approved by the Construction
460 Industry Licensing Board by rule and has at least 1 year of
461 proven experience related to the scope of work of such a
462 contractor.
463 Section 3. This act shall take effect October 1, 2013.