Proposed HB 453 would modify 489.105 by changing the definitions of commercial pool/spa contractor, residential pool/spa contractor, and "swimming pool/spa servicing contractor. If enacted, the changes would take effect July 1, 2025.
For commercial pool/spa contractor, the definition is made more expansive, and includes all phases of pool and spa construction, renovation, and demolition, and the construction, renovation, and demolition of similar structures (e.g. splash pads). Section 489.105(3)(j), Florida Statutes, would be modified as follows if the new bill is enacted (additions underlined, deletions struck through):
"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, deconstruction, 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 dedicated existing 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 cleaning or sanitizing equipment that requires at least partial disassembling.
d. The construction of uninhabitable equipment rooms or housing 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 required for the installation of swimming pools, spas, hot tubs, or interactive water features and the operation of construction pumps for dewatering purposes for swimming pool, spa, hot tub, or interactive water feature excavation sites, and draining swimming pools, spas, hot tubs, or interactive water features.
f. The installation of rebar or similar support materials for swimming pool, spa, hot tub, or interactive 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.
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 interactive 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 interactive 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 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 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 installation 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,
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.
For residential pool/spa contractors, the definition is essentially a limited version of the commercial pool/spa contractor definition and allows a residential contractor to do everything a commercial contractor can, except only on residential projects. Section 489.105(3)(k), Florida Statutes, would be modified as follows if the new bill is enacted (additions underlined, deletions struck through):
"Residential pool/spa contractor" 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 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. 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 purpose 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.
For swimming pool/spa servicing contractors, the definition is expanded and mirrors the commercial contractor definition, but specifically limits the work to repair, renovation, remodeling, and servicing, and excludes construction. Section 489.105(3)(l), Florida Statutes, would be modified as follows if the new bill is enacted (additions underlined, deletions struck through):
(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, 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 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 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 swimming 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 swimming 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/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 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 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 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.