[CLC-Discussion] Pool Specialty Contractor Question

[Gibbons, Michael]

61G4-15.032 Certification of Swimming Pool Specialty Contractors.
(1) Scope of Rule. The scope of this rule is to provide for the voluntary certification of swimming pool specialty contractors.

(e) A “Swimming Pool Decking Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the construction and installation of concrete flatwork, pavers and bricks, retaining walls, and footings associated with the construction of pools, spas, and hot tub shells.

Technically, nobody is “required” to obtain a Swimming Pool Specialty Contract since the program is “voluntary” by Rule.  The real issue is whether the activity of placing a textured coating on an existing deck requires licensure as a Pool Contractor under Fla. Stat. s. 489.105(3)(j)-(l).  If the proposed activity is construed as installing “concrete flatwork” then licensure would be required as pool contractor or a voluntary specialty license working as a sub under a licensed pool contractor.  However, if the activity is not installation of concrete flatwork, then no license would evidently be required.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Rouselle "Bo". Sutton III
Sent: Wednesday, September 09, 2015 11:41 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Pool Specialty Contractor Question

I cannot find the answer to what I thought would be a simple question. Is an individual putting down a textured concrete topping such as http://mortex.com/products/kd.html on an existing pool deck (not inside the shell) and surrounding walkways required to have a Swimming Pool Decking Specialty License? This would be a repair of the topping, not an initial installation of decking or flatwork. I cannot find the licensure scope and DBPR was not all that helpful, either. Can someone point me in the right direction?

Rouselle "Bo" Sutton, III
Board Certified, Construction Law
Railey Harding + Allen | PA
ATTORNEYS AT LAW
"Recommended Insurance Attorneys" - A.M. Best
“AV Preeminent® Rated Firm” - Martindale-Hubbell
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15 North Eola Drive | Orlando, FL 32801
P 407.648.9119  |  F 407.648.8049

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