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.