Swimming Poll Exams are NOW CBT

All Swimming Pool Categories (Commercial, Residential, and Service), Solar and Irrigation Trade Knowledge examinations are projected to move to computer based testing (CBT) starting March 2014!

This has been something I’ve been asking for. Before a pool contractor could only test 3 out of the 6 exams given each year. Meaning if they failed the exam they had to wait 4 months to retake the test, everyone else only had to wait 2 months.

Now these contractors can schedule when, and where (20 location around Florida) they want to test. Person Vue also has many out of state computer centers as well. This is a big break through in testing for these exams! Good LUCK!

61G4-15.032 Certification of Swimming Pool Specialty Contractors.

skimmer-replacmentFor the FULL Rule Click Here

(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.

News from the State of Florida

Last week, the Department partnered with several local agencies and the Department of Financial Services in an undercover operation in the Manatee County area seeking unlicensed individuals who were offering or advertising to perform construction work that they did not have a proper license to perform. As a result of the operation, nine individuals advertising as handymen were issued cease and desist notices from DBPR and the cases were turned over to the local State Attorney for prosecution.

A criminal offense of unlicensed activity can result in misdemeanor or felony charges if an individual is convicted. Floridians should report any suspected unlicensed activity by emailing ULA@myfloridalicense.com or calling the Unlicensed Activity Hotline at 1-866-532-1440. Additionally, before you hire anyone to perform services that require a license, be sure to verify their professional license on our website at www.myfloridalicense.com.

Florida Homeowners’ Construction Recovery Fund Receives Additional Funding

Picture-28Pursuant to House Bill 57 (2013), the Department of Business and Professional Regulation will be permitted to transfer additional funds in the to Florida Homeowners’ Construction Recovery Fund (Recovery Fund) to pay outstanding recovery claims during the 2013-2014 fiscal year. Based on the additional funding, Governor Rick Scott and the Florida Legislature have approved an $8 million dollar annual appropriation for payment of Recovery Fund claims.

Due to the previous economic downturn in the construction industry, the Recovery Fund received insufficient funds to pay all Florida Homeowners’ Construction Recovery Fund claims in the same years that they were received. The Department is diligently working to resolve the resulting backlog of recovery fund claims and will make payments as funds become available. The Recovery Fund has a total of 589 completed claims awaiting review by the Construction Industry Licensing Board (CILB) with a total approximate value of $13,153,267.45. DBPR anticipates that the additional appropriation will permit 364 outstanding claims to be presented to the CILB for approval and payment.

YA…We can pay 61% of the claims! Why?  I’m not sure but it’s GREAT!

Refusing to hire smokers

cigarettesjustice180_0The Florida Supreme Court has ruled that a public employer can legitimately refuse to hire smokers. The City of North Miami implemented a policy in 1990 that required job applicants to sign a sworn statement that they had not smoked for at least a year prior to their application for employment with the city. One job applicant challenged the policy in court after she was not hired by the city as a clerk-typist because she had refused to sign the statement. The applicant claimed that the policy violated her Florida constitutional rights by prohibiting her from smoking in the privacy of her own home. The Supreme Court held that the policy could be enforced because the applicant did not have a legitimate expectation of privacy concerning smoking given the variety of ways in which smoking is prohibited in public. The Court reasoned that the multitude of existing smoking regulations had essentially reduced an individual’s expectation of privacy on the issue of smoking when applying for a government job. The Court was not willing to expand the decision to private employment. However, to date, smokers in Florida have no statutory protection. Employers can refuse to hire applicants who smoke. Likewise, most employers, subject to a few exceptions, can ban smoking on their premises if they choose, including outdoor areas.

Unlicensed Activities

Here in Florida, after a storm or natural disaster strikes, unlicensed construction activity may increase as clean-up begins. Consumers should always ask to see the State of Florida professional license, which can be verified online at www.myfloridalicense.com or by calling 850-487-1395. Consumers should also avoid paying cash or writing checks to an individual, especially when the work is being done through a company.

If unlicensed activity is suspected, consumers within Florida should call 1-866-532-1440 or email ULA@myfloridalicense.com to report it. Any person who acts as an unlicensed contractor during a state of emergency as declared by executive order of the Governor is committing a third-degree felony.

Grandfathering of Registered Electrical Contractor’s Licenses

eclbHouse Bill 269, which passed during the 2013 legislative session, was approved by Governor Rick Scott on June 14, 2013. This bill will re-open and extend the time period for electrical, alarm, and specialty electrical contractors to request that their registered contractor’s license be grandfathered to a state wide certified contractor’s license. The time period requesting grandfathering of registered licenses has been extended until November 1, 2015. The re-opening of the grandfathering time period will take effect on July 1, 2013. Registered contractors may submit their application for grandfathering of their licenses beginning July 1, 2013.

EPA’s Lead-Safe Certification Program Important for Consumers

epa-logo-lead-certification(Lenexa, Kan., March 21, 2013) – Home repairs that create even a small amount of lead dust are enough to poison your child and put your family at risk. If you live in a home or apartment that was built before 1978 and are planning a renovation or repair project, make sure you renovate right with a Lead-Safe Certified contractor in accordance with EPA guidelines. He or she will know how to protect your family.

Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to children and adults.

Increased awareness about lead-based paint hazards and lead-safe work practices for do-it-yourselfers will help reduce lead poisoning in children, pregnant women, other family members and workers.

Consumers with more questions can call EPA Region 7 at 1-800-223-0425 and ask to speak with a lead paint specialist.

Facts about lead
FACT: Lead exposure can harm young children and babies even before they are born.
FACT: Even children who seem healthy can have high levels of lead in their bodies.
FACT: You can get lead in your body by breathing or swallowing lead dust, or by eating soil or paint chips containing lead.
FACT: You have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard.
FACT: Removing lead-based paint improperly can increase the danger to your family.
If you think your home might have lead hazards, go to www.epa.gov/lead or call EPA Region 7 at 1-800-223-0425 and ask to speak with a lead paint specialist.

Business Plan for a Startup Business

construction-contract-reviewThe business plan consists of a narrative and several financial worksheets. The narrative template is the body of the business plan. It contains more than 150 questions divided into several sections.

Work through the sections in any order that you want, except for the Executive Summary, which should be done last. Skip any questions that do not apply to your type of business. When you are finished writing your first draft, you’ll have a collection of small essays on the various topics of the business plan. Then you’ll want to edit them into a smooth-flowing narrative.

Click here for the FULL Business Plan

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