Title: Pool/Spa Contractors

Summary: Revises definitions of terms "commercial pool/spa contractor," "residential pool/spa contractor," & "swimming pool/spa servicing contractor."

Full Text:
An act relating to pool/spa contractors; amending s. 489.105, F.S.; revising the definition of the terms "commercial pool/spa contractor," "residential pool/spa contractor," and "swimming pool/spa servicing contractor"; 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 contracted for and means, except as exempted in this part, the person who, for compensation, un dertakes 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 othe rs; 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 of steel tanks more than feet in heig ht; towers more than 24 feet in height; other structures more than feet in height; CS/CS/HB 2025 hb453-02-c2 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sand all buildings or residences. Contractors are subdivided into two divisions, 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 includes involves,but is not limited to, all phases of the construction, repair, renovation, remodel, deconstruc tion, and servicing of a any 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, private, or otherwise, regardless of use. 1. The scope of such work includes,but is not limited to, the following: a. The scope of work of a swimming pool/spa servicing contractor. b. The connection, replacement, disconnection, or reconnection of power wiring on the load side of the dedicate dexisting electrical circuit disconnect means for swimming pool, spa, hot tub, or interactive water feature equipment. c. The installation of equipotential bonding; swimming pool, spa, or hot tub lighting; light transformers; light conduit; and any clea ning or sanitizing equipment that requires at least partial disassembling. d. The construction of uninhabitable equipment rooms or CS/CS/HB 2025 hb453-02-c2 FL OR I DA HO US EO FR EP RE SE NT A TI VE Shousing for swimming pool, spa, hot tub, or interactive water feature equipment for the protection of the equipment from outside elements or preventing unauthorized access. e. Excavation and earthmoving only as required for the installation of swimming pools, spas, hot tubs, or interactive water features. f. The operation of construction pumps for dewatering purposes for swimming pool, spa, hot tub, or interactive water feature excavation sites, and for draining swimming pools, spas, hot tubs, or interactive water features. g. The installation of rebar or similar support materials for swimming pool, spa, hot tub, or inter active 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 interactive water features. h. The installation of fiberglass swimming pool, spa, or hot tub shells and vinyl swimming pool, spa, or hot tub liners. i. The application and removal of all interior swimming pool, spa, hot tub, or interactive water feature finishes. j. The construction, maintenance, or remodel of de corative or interactive water features, displays, or areas that use recirculated water, including fountains, waterfalls, and spray nozzles. k. The installation of all swimming pool, spa, hot tub, or CS/CS/HB 2025 hb453-02-c2 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sinteractive water feature piping, including, but not li mited to, drain piping, perimeter piping, and circulation or filter piping used in the construction of swimming pools, spas, hot tubs, or decorative or interactive water feature displays or areas. l. The construction and installation of retaining walls, concrete flatwork, pavers and bricks, and footings for the construction of a swimming pool, spa, hot tub, or interactive water feature, whether newly constructed or additions to or remodels of an existing swimming pool, spa, hot tub, or interactive water feature 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 ins tallation 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 installation or upgrade of dedicated electrical disconnect or electrical circuits, or any work inside a main electrical panel.The installa tion, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water CS/CS/HB 2025 hb453-02-c2 FL OR I DA HO US EO FR EP RE SE NT A TI VE Streatment or cleaning of the pool or spa requires licensure; however, 3. The usage of swimming pool, spa, hot tub, or interactive 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 interactive water feature, or its associated equipment, which does not affect the structural integrity of the swimming pool, spa, hot tub, or interactive 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 structural integrity of the pool or spa or its associated equipment. (k) "Residential pool/spa contra ctor" means a contractor whose scope of work is the same as a commercial pool/spa contractor under paragraph (j) but does not include the construction of any new commercial swimming pool, spa, hot tub, or public bathing place 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 a tleast a partial disassembling, excluding filter changes, and the CS/CS/HB 2025 hb453-02-c2 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sinstallation 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. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installatio n, 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, the usage of such equipment for the purpos es 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 CS/CS/HB 2025 hb453-02-c2 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sappurtenance, whether public or private, or otherwise, regardless of use. 1. The scope of work includes,but is not limited to, the following: a. The installation, repair, or replacement of all swimming pool, spa, hot tub, or interactive water feature equipment, including, but not limited to, pool pumps; filters; feeders; controllers; and commercially available swimming pool, spa, or hot tub heaters, whether electric, gas, or solar. b. The connection, replacement, disconnection, or reconnection of power wi ring on the load side of the dedicated existing electrical circuit disconnect means for swimming pool, spa, hot tub, or interactive 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 uninhabitable equipment rooms or housing for swimming pool, spa, hot tub, or interactive 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 repair or renovation and the operation of construction pumps for dewatering purposes for drained CS/CS/HB 2025 hb453-02-c2 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sswimming pools, spas, hot tubs, or interactive water features. g. The removal and reapplication of all interior swimming pool, spa, hot tub, or interactive water feature finishes. h. The installation, repair, or replacement of all tile and coping for a swim ming pool, a spa, a hot tub, or an interactive water feature the 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/sp a 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 drainin gof a swimming pool, or hot tub or spa, for the purpose of repair or renovation.2. The scope of the 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 associated 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 interactive water feature such equipment for the purposes of CS/CS/HB 2025 hb453-02-c2 FL OR I DA HO US EO FR EP RE SE NT A TI VE Swater 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 the cleaning of a swimming pool, a spa, a hot tub, or an interactive water feature, or its associated equipment, which does not affect the structural integrity of the swimming pool, spa, hot tub, or interactive 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 structural integrity of the pool or spa or its associated equipment. Section 2. This act shall take effect July 1, 2025.