Who Can Fix Your Pool or Spa?

Specialty Contractors cannot fix your pool directly.  They must be subcontractors of a primary contractor.  They do specific portions of a pool project and must work through a licensed pool/spa contractor.  They are not permitted to contract directly with you or do work outside the scope of work permitted through their specialty license. https://www.pcclb.com/pdf/contractor-class.pdf

IMPORTANT NOTICE TO CONTRACTORS REGARDING SWIMMING POOL SPECIALTY CONTRACTORS 

The following changes were approved by the Governor and signed into law on May 6, 2022. This act takes effect July 1, 2022. An act relating to swimming pool specialty contracting services; amending s. 489.117, F.S.; authorizing unlicensed contractors to work without a contract and under the supervision of specified licensed pool contractors to perform certain specialty contracting services for commercial or residential swimming pools, interactive water features, hot tubs and spas. 

Section 1. Paragraph (e) is added to subsection (4) of: 

489.117 Registration; specialty contractors. – 

(4) 

(e) Any person who is not certified or registered may perform the work of a specialty contractor whose scope of practice is limited to the type of work specified under s. 489.105(3)(j), (k), or (l) for the construction, remodeling, repair, or improvement of commercial or residential swimming pools, interactive water features as defined in the Florida Building Code, hot tubs, and spas without obtaining a local license or certification as a specialty contractor if he or she is supervised by a contractor who is certified or registered under s. 489.105(3)(j), (k), or (l); the work is within the scope of the supervising contractor’s license; the supervising contractor is responsible for the work; and the work does not require certification or registration under s. 489.105(3)(d)-(i), (m)-(o), or s. 489.505. Such supervision does not require a direct contract between the contractor certified or registered under s. 489.105(3)(j), (k), or (l) and the person performing the work, or for the person performing the work to be an employee of the contractor certified or registered under s. 489.105(3)(j), (k), or (l). This paragraph does not limit the exemptions provided in s. 489.103 and may not be construed to expand the scope of a contractor certified or registered under s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical services for which certification or registration is required by this part or part II. 

The complete text of SB 222: Swimming Pool Specialty Contractors can be found online: https://www.flsenate.gov/Session/Bill/2022/222/BillText/er/PDF

 “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. (Established 3/18/08) 

“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. (Established 3/18/08) 

“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. (Established 3/18/08) 

“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.  (Established 3/18/08) 

Public Pool Service Technician Certification.

An individual who services a public pool by maintaining the cleanliness, water quality and chemical balance of public pools shall be certified. NOTE:  Persons licensed under F.S. Section 489.105(3)(j), (k), or (l), F.S., shall be deemed certified.

• To be certified an individual must demonstrate knowledge of public pools. Examples of such knowledge include: pool cleaning, general pool maintenance, make-up water supply, bacteriological, chemical and physical quality of water and water purification, testing, treatment, and disinfection procedures. 
• To ensure that the pool technicians are knowledgeable, said technician shall attend a training course of national recognition that is approved by the department of at least 16 hours in length and shall pass a test acceptable to the department. Certification is conferred upon an individual and is nontransferable. 
• The department shall deem certified any individual who has been proven certified by a course of national recognition.
• A certified pool technician may not affect the structural integrity of the pool or equipment, and shall not delegate work to others, including employees, that are not themselves certified under this section, or otherwise exempt from this provision per Chapter 514, F.S.

SOURCE: https://www.flrules.org/Gateway/View_notice.asp?id=2561787

This requirement does not apply to a person or the direct employee of a person permitted as a public pool operator under Section 514.031, F.S.  HOWVER, employees of Management Companies MUST be certified.

SOURCE: https://www.flrules.org/Gateway/View_notice.asp?id=2561787