[CLC-Discussion] Lien Transfer Bond Question

[RPPTL CLC-Discussion]

Good afternoon,

Does anyone have insight regarding licensing requirements for installing cured-in-place piping (CIPP) utilized in sewer repairs?   The definition of plumbing contractor under Fla.Stat. § 489.105(m) appears to encompass this scope (see highlighted section below), but it also appears to be more specifically covered under subsection (n) for an underground utility and excavation contractor.  The highlighted language under subsection (n) below was added in 1998, and one of the relevant committee reports states in relevant part, “the definition of underground utility contractor is amended to clarify that the scope of work for such contractors applies regardless of the means of excavation.”  Thank you.

489.105(m):
A plumbing contractor may install, maintain, repair, alter, extend, or, if not prohibited by law, design the following without obtaining an additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities, water and sewer plants and substations, venting systems, public or private water supply systems, septic tanks, drainage and supply wells, swimming pool piping, irrigation systems, and solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas, liquefied petroleum gas and related venting, and storm and sanitary sewer lines. The scope of work of the plumbing contractor also includes the design, if not prohibited by law, and installation, maintenance, repair, alteration, or extension of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers if authorized by law; ink and chemical lines; fuel oil and gasoline piping and tank and pump installation, except bulk storage plants; and pneumatic control piping systems, all in a manner that complies with all plans, specifications, codes, laws, and regulations applicable…A plumbing contractor may perform drain cleaning and clearing and install or repair rainwater catchment systems; however, a mandatory licensing requirement is not established for the performance of these specific services.

489.105(n):
“Underground utility and excavation contractor” means a contractor whose services are limited to the construction, installation, and repair, on public or private property, whether accomplished through open excavations or through other means, including, but not limited to, directional drilling, auger boring, jacking and boring, trenchless technologies, wet and dry taps, grouting, and slip lining, of main sanitary sewer collection systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multioccupancy properties at manhole or wye lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures.


Johnathan Ayers, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, FL 33130
Direct:  305-789-3517
Email:  jayers at stearnsweaver.com<mailto:jayers at stearnsweaver.com>
www.stearnsweaver.com<http://www.stearnsweaver.com/>

Certified by the Florida Bar in Construction Law


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