[CLC-Discussion] Pool Specialty Contractor Question

Wed Sep 9 10:20:55 PDT 2015

Bo:

                Repair of concrete topping would be under the Swimming Pool Specialty Contractor license.  However, you will note that these specialty pool licenses are voluntary.  I have included the entire specialty section of the Florida Administrative Code below with some bolding and highlighting.  You would need to also check the local jurisdiction for any local license requirements.

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.
(a) Swimming pool specialty contractors may only perform the services within the scope of work defined for that particular category swimming pool specialty contractor.
(b) Swimming pool specialty contractors must work under contract, under the supervision, and within the scope of work of a contractor licensed pursuant to Sections 489.105(3)(j)-(l), F.S.
(c) Each category of swimming pool specialty contractor contained in this rule constitutes a separate license and obtaining licensure in all swimming pool specialty contractor categories shall not entitle a person to licensure as a contractor as defined in Sections 489.105(3)(j)-(l), F.S.
(2) Definition.
(a) A “Swimming Pool Layout Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the layout, shaping, steel installation, and rough piping of pools, spas, and hot tub shells.
(b) A “Swimming Pool Structural Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the shaping and shooting of gunite, shotcrete, concrete, or similar product mix used in the construction of swimming pools and spas. This scope of work includes the installation of fiberglass shells and vinyl liners.
(c) A “Swimming Pool Excavation Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the excavation and earthmoving required for the installation of pools, spas, and hot tub shells.
(d) A “Swimming Pool Trim Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the installation of tile and coping for pools, spas, and hot tub shells. Decorative or interactive water displays or areas that use recirculated water, including waterfalls and spray nozzles, are also included in this rule within this scope of work.
(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.
(f) A “Swimming Pool Piping Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the installation of piping or the installation of circulating, filtering, disinfecting, controlling, or monitoring equipment and devices used in the construction of pools, spas, hot tubs, and decorative or interactive water displays or areas.
(g) A “Swimming Pool Finishes Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the coating or plastering of the interior surfaces of pools, spas, or hot tub shells.
(3) Certification Procedures.
(a) Qualifications.
1. Any person who desires to become a swimming pool specialty contractor shall apply to the Construction Industry Licensing Board of the Department of Business and Professional Regulation in writing on a form provided by the Department.
2. A person shall be certified as a swimming pool specialty contractor if said person:
a. Is at least eighteen (18) years of age;
b. Is of good moral character;
c. Submits affidavit(s) signed by a Florida licensed registered or certified commercial or residential pool/spa contractor, in good standing, that demonstrates four years of experience in the swimming pool specialty contractor category for which the person applied; and
d.I. Takes and successfully completes a written examination for certification in the category of swimming pool specialty contractor applied for; or
II. An applicant who completes three (3) hours of board-approved continuing education, consisting of one hour of workplace safety, one hour of business practices, and one hour of workers’ compensation, may qualify, if the applicant successfully passes a practical examination for certification in the category of swimming pool specialty contractor applied for in lieu of a written examination for licensure.
(b) Other Certification Procedures and Fees. Other certification procedures and fees for certified swimming pool specialty contractors shall be the same as those provided for the certification of other contractors as set forth in Sections 489.109, 489.111(3), 489.113, F.S., and Rules 61G4-12.009 and 61G4-15.005, F.A.C. Applicants must also submit evidence of having met the requirements in paragraphs 61G4-15.003(2)(h) and 61G4-15.005(3)(a), F.A.C., for any of these specialties.
Rulemaking Authority 455.217, 489.113(6), 489.108, 489.115(4) FS. Law Implemented 455.217, 489.113(6), 489.108, 489.115(4) FS. History–New 1-4-06, Amended 2-11-08, 4-26-12.

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Christopher M. Cobb, Esq.
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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
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