Title: Swimming Pool and Spa Contractors

Summary: Revises the definitions of commercial & residential pool/spa contractors & swimming pool/spa servicing contractor; specifies maximum recovery amount for certain claims relating to certain contracts; specifies total aggregate cap for certain licensees relating to certain contracts.

Full Text:
An act relating to swimming pool and spa contractors; amending s. 489.105, F.S.; revising definitions; amending s. 489.143, F.S.; specifying a maximum recovery amount for certain claims relating to certain contracts; specifying a total aggregate cap for certain licensees relating to certain contracts; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraphs (j), (k), and (l) of subsection (3) of section 489.105, Florida Statutes, are amended to read: 489.105 Definitions.-As used in this part: (3) "Contractor" means the person who is qualified for, and is only responsible for, the project co ntracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the paragraphs of this subsection. For the purposes of regulation under this part, the term "demolish" applies only to demolition HB 2024 of steel tanks more than feet in height; towers more than 26 feet in height; other structures more than feet in height; and all buildings or residences. Contractors are subdivided into two division s, Division I, consisting of those contractors defined in paragraphs (a)-(c), and Division II, consisting of those contractors defined in paragraphs (d)-(q): (j) "Commercial pool/spa contractor" means a contractor whose scope of work involves, but is not limited to, all phases of the construction, repair, renovation, remodel, deconstruction, and servicing of any swimming pool, or hot tub, or spa, splash pad or other interactive water feature, decorative water feature, public bathing place, or swimming poo lor spa appurtenance, whether public, private, or otherwise, regardless of use. 1. The scope of such work includes,but is not limited to, all of the following: a. The scope of work of a swimming pool/spa servicing contractor. b. The connection, rep lacement, disconnection, or reconnection of power wiring on the load side of the dedicated existing electrical circuit disconnect means for swimming pool, spa, hot tub, or water feature equipment. c. The installation of equipotential bonding; swimming pool, spa, or hot tub lighting; light transformers; light conduit; and any cleaning or sanitizing equipment that requires HB 2024 at least partial disassembling. d. The construction of equipment rooms or housing for swimming pool, spa, hot tub, or water feature eq uipment. e. Excavation and earthmoving required for the installation of swimming pools, spas, hot tubs, or water features and the operation of construction pumps for dewatering purposes for swimming pool, spa, hot tub, or water feature excavation sites a nd drained swimming pools, spas, hot tubs, or water features. f. The installation of rebar or similar support materials for swimming pool, spa, hot tub, or water feature structures, and the shaping and shooting of gunite dry mix and wet mix, concrete, or similar product mix used in the construction of swimming pools, spas, hot tubs, or water features. g. The installation of fiberglass swimming pool, spa, or hot tub shells and vinyl swimming pool, spa, or hot tub liners. h. The application and removal of all interior swimming pool, spa, hot tub, or water feature finishes. i. The construction, maintenance, or remodel of decorative or interactive water features, displays, or areas that use recirculated water, including fo untains, waterfalls, and spray nozzles. j. The installation of all swimming pool, spa, hot tub, or water feature piping including, but not limited to, drain piping, perimeter piping, and circulation or filter piping used HB 2024 in the construction of swimming pools, spas, hot tubs, or decorative or interactive water feature displays or areas. k. The construction and installation of retaining walls, concrete flatwork, pavers and bricks, and footings associated with the construction of swimming pools, spas, hot tubs, or water features, whether newly constructed or additions to or remodels of existing swimming pools, spas, hot tubs, or water features The installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor.2. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines, the insta llation or upgrade of dedicated electrical disconnect or electrical circuits, or any work inside a main electrical panel.The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, HB 2024 3. The usage of swimming pool, spa, hot tub, or water feature such equipment for the purposes of water treatment or cleaning does not require licensure unless the usage involves installation construction,modification, or replacement of such equipment. Water treatment that does not require such equipment;filter media changes; or the cleaning of a swimming pool, spa, hot tub, or water feature, or its associated equipment, which does not affect the structural integrity of the swimming pool, spa, hot tub, or water feature, does not require a license. In addition, a license is not required for the cleaning of the pool or spa in a way that does not affect the structu ral integrity of the pool or spa or its associated equipment. (k) "Residential pool/spa contractor" has the same meaning as a commercial pool/spa contractor under paragraph (j), except a residential pool/spa contractor may not construct any new commercia lswimming pool, spa, hot tub, or public bathing place. means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of a residential swimming pool, or hot tub or spa, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the i nstallation of package pool heaters, the installation of all perimeter piping and filter HB 2024 piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purp ose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning does not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license is not required for the cleaning of the pool or spa in a way that does not affect the structural integrity of the pool or spa or its associated equipment. (l) "Swimming pool/spa servicing contractor" means a contractor whose scope of work includes involves,but is not limited to, all aspects of the repair,renovation, remodeling, or and servicing of a swimming pool, or hot tub, or spa, splash pad or other interactive water feature, decorative water feature, public bathing place, or swimming pool or spa appurtenance, whether public or private, or otherwise, regardless of use. 1. The scope of work includes,but is not limited to, a ll HB 2024 of the following: a. The installation, repair, or replacement of all swimming pool, spa, hot tub, or water feature equipment, including, but not limited to, pool pumps; filters; feeders; controllers; and swimming pool, spa, or hot tub heaters, whether electric, gas, or solar. b. The connection, replacement, disconnection, or reconnection of power wiring on the load side of the dedicated existing electrical circuit disconnect means for swimming pool, spa, hot tub, or water feature equipment. c. The repair or replacement of equipotential bonding; swimming pool, spa, or hot tub lighting; light transformers; light conduit; and any cleaning or sanitizing equipment that requires at least partial disassembling. d. The repair of equipment rooms or housing for swimming pool, spa, hot tub, or water feature equipment. e. The repair or replacement of all perimeter piping and filter piping. f. The substantial or complete draining of a swimming pool, spa, or hot tub for the purpose of a repair or renovation and the operation of construction pumps for dewatering purposes for drained swimming pools, spas, hot tubs, or water features. g. The removal and reapplication of all interior swimming pool, spa, hot tub, or water feature finishes. h. The installation, repair, or replacement of all tile HB 2024 and coping for swimming pools, spas, hot tubs, or water features the repair or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter chan ges, and the installation of new pool/spa equipment, interior refinishing, the reinstallation or addition of pool heaters, the repair or replacement of all perimeter piping and filter piping, the repair of equipment rooms or housing for pool/spa equipment, and the substantial or complete draining of a swimming pool, or hot tub or spa, for the purpose of repair or renovation.2. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines, the installation or upgrade of dedicated electrical disconnect or electrical circuits, or any work inside a main electrical panel.The installation, construction, modification, substantial or complete disassembly, or replacement of equipment permanently attached to and as sociated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, 3. The usage of swimming pool, spa, hot tub, or water feature such equipment for the purposes of water treatment or cleaning does not require licensure unless the usage involves installation construction,modification, substantial or complete disassembly, or replacement of such equipment. Water treatment that does not require such equipment;filter media changes; or HB 2024 the cleaning of a swimming pool, spa, hot tub, or water feature, or its associated equipment, which does not affect the structural integrity of the swimming pool, spa, hot tub, or water feature does not require a license. In addition, a license is not required for the cle aning of the pool or spa in a way that does not affect the structural integrity of the pool or spa or its associated equipment. Section 2. Subsections (3) and (6) of section 489.143, Florida Statutes, are amended to read: 489.143 Payment from the fun d.-(3)(a) Beginning January 1, 2005, for each Division I contract entered into after July 1, 2004, payment from the recovery fund is subject to a $50,000 maximum payment for each Division I claim. (b) Beginning January 1, 2017, for each Division II contract entered into on or after July 1, 2016, payment from the recovery fund is subject to a $15,000 maximum payment for each Division II claim. (c) Beginning January 1, 2025, for each contract entered into on or after July 1, 2024, with a Division II co ntractor certified or registered to perform the scope of work described in s. 489.105(3)(j), (k), or (l), payment from the recovery fund is subject to a $50,000 maximum payment for each Division II claim. (6)(a) For contracts entered into before July 1, 2004, HB 2024 payments for claims against any one licensee may not exceed, in the aggregate, $100,000 annually, up to a total aggregate of $250,000. For any claim approved by the board which is in excess of the annual cap, the amount in excess of $100,000 up to th etotal aggregate cap of $250,000 is eligible for payment in the next and succeeding fiscal years, but only after all claims for the then-current calendar year have been paid. Payments may not exceed the aggregate annual or per claimant limits under law. (b) Beginning January 1, 2005, for each Division I contract entered into after July 1, 2004, payment from the recovery fund is subject only to a total aggregate cap of $500,000 for each Division I licensee. (c) Beginning January 1, 2017, for each Divisi on II contract entered into on or after July 1, 2016, payment from the recovery fund is subject only to a total aggregate cap of $150,000 for each Division II licensee. (d) Beginning January 1, 2025, for each contract entered into on or after July 1, 4, with a Division II contractor certified or registered to perform the scope of work described in s. 489.105(3)(j), (k), or (l), payment from the recovery fund is subject only to a total aggregate cap of $500,000 for each Division II licensee. Section 3. This act shall take effect July 1, 2024.