The proposed bills would more specifically define the work allowed to be done by commercial pool/spa contractors, more specifically define the limits imposed on residential pool/spa contractors, and also more clearly define the scope of work that servicers can perform.
Senate Bill 922 (and similar House bill 525) make significant modifications to the scope of work that can be performed by commercial and residential pool/spa contractors and pool/spa servicing contractors.
First, the definition of a commercial pool/spa contractor is heavily modified to include all phases of the construction, repair, renovation, remodel, deconstruction, and servicing of any pool, hot tub, 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.
The definition is the modified further to expressly include the following work:
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, 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 installation 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 construction of equipment rooms or housing for swimming pool, spa, hot tub, or water feature equipment.
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 and 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 fountains, 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 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.
However, the following work is expressly excluded from the scope of work for a commercial pool/spa 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.
Further, the definition also excludes certain types of water treatment from the definition of commercial pool/spa contractor:
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.
The definition of a residential pool/spa contractor is almost entirely deleted, and simply defined in terms of what a residential contractor cannot do in comparison to a commercial pool/spa contractor, as follows:
(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 commercial swimming pool, spa, hot tub, or public bathing place.
The definition for swimming pool/spa servicing contractor is also heavily modified to make it similar in scope to the commercial pool/spa contractor license, except that it is limited to repair, renovation, remodeling, or servicing of the applicable pools, spas, etc… The scope of work is also expressly deemed to include the following:
1. The scope of work includes, but is not limited to, all 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 and coping for swimming pools, spas, hot tubs, or water features
The pool/spa servicing contractor license also has similar exclusions and exceptions as those set forth in the definition for a commercial pool/spa contractor.
Finally, the proposed bill also increases the limits of payments from the Homeowners’ Recovery fund to $50,000 for claims against Division II license holders, $500,000.00 for a total aggregate cap on claims against a license holder.
If enacted, the bill would take effect July 1, 2024.