Under proposed House Bill 267, unlicensed contractors would be allowed to perform the work of a commercial or residential pool/spa contractor, or a swimming pool/spa servicing contractor, so long as he or she is supervised by a contractor holding one of those licenses. A similar statute proposed last year did not make it out of the Community Affairs Committee.
Under the proposed statute, the supervising contractor would have to be appropriately licensed and be responsible for the work. Further, the work being performed by the unlicensed party could not require a licensed under section 490.105(3)(d)-(i), (m)-(o), or section 489.505. As an aside (d)-(i) are sheet metal, roofing, and HVAC licenses; (m)-(o) are plumbing, underground utility, and solar licenses, and 489.505 are electrical licenses. In other words, the unlicensed person cannot perform work that would otherwise be outside the scope of the license for commercial or residential pool/spa contractor, or a swimming pool/spa servicing contractor.
Further, no direct contract is required between the supervising contractor and the unlicensed contractor to memorialize the supervising relationship.
Honestly, I have significant concerns about this statute and what it would allow. Theoretically, unlicensed contractors could perform work with no supervision, and then if they got caught, find someone who would say they were supervising them. Further, “supervise” is not defined and I also have concerns that even minimal, actual supervision may not occur. Finally, it’s not clear how an unlicensed person doing the work will pull permits, unless they are simply renting a license from a license-holder who will pull the permit.
Regardless, this is not yet law. If passed, it would take effect July 1, 2022. We will keep you updated.