Residential Pool/Spa Servicing Specialty Contractors

New License…

The Construction Industry Licensing Board has developed a new specialty license for the repair and servicing of residential swimming pools, hot tubs or spas. The scope of work permitted to be performed by a residential pool/spa servicing specialty contractor can be found in Rule 61G4-15.040, Florida Administrative Code.

Previously, most contractors providing such services were required to obtain a certified pool/spa servicing contractor’s license under s. 489.105(3)(l), F.S., which required experience in servicing and repair of both residential and commercial pools. Many contractors who specialized in the repair and servicing of only residential pools, spas and hot tubes were unable to obtain licensure or were required to obtain local competency cards in each local jurisdiction. The CILB developed the certified residential pool/spa servicing specialty contractor category to permit licensure of these contractors on a state wide basis.

Unlicensed Contractors

Richard Elzey states the following are red flags for Unlicensed contractors:

  • newspaper ads that don’t list the contractor’s certification number
  • a large down payment is required (If you are doing a big job, the Consumer Watchdog recommends you pay the supplier. That way you know the building supplies were paid for and nobody can come after you if your contractor doesn’t pay the bill.)
  • Statements like “it will be cheaper if you obtain your own permit”
  • Verbal contracts
  • The contractor works on weekends or after hours
  • A building permit is obtained by someone other than the contractor

When ever you see this report to “Code Enforcement”. A lot of people think… they can do it cheaper. But what happens when they 1/2 do it or take the money and run? You have very little recourse to get your money back.

FEE HOLIDAY – for Home Inspectors & Mold Svc.

There will be a FEE HOLIDAY for home inspectors who are renewing their license (active or inactive) in the 2014 renewal cycle. This means that home inspectors will only need to pay a $5.00 unlicensed activity fee in order to renew their license for the next two years. The fee must be paid before July 31, 2014 when the renewal period ends to avoid other fees. All licensees will be sent a renewal application which can be returned to the department with the $5.00 unlicensed activity fee or renew online through their individual account.

Please contact the department at 850.487.1395 if you have any questions, problems renewing or logging into your account.

Workplace Gossip

Workplace gossip is a serious issue. While many of us participate in the gossip pipeline (often without really thinking about it), workplace gossip can be exceedingly damaging both to individuals and the company in general. Here are some of the destructive results of gossip in the workplace:

• Wasted time and productivity as a result of excessive time exchanging “gossip  information.”
• Circulation of false rumors and either heightened fear or false raised expectations.
• Severe erosion of trust of others in the workplace.
• Severe erosion of staff morale.
• Hurt feelings and the possibility of reprisals.
• Creation of a “toxic” work environment.

These are serious outcomes. Gossip can and should be dealt with from at least two “angles.”  Management staff can play a role in facing down workplace gossip, as can individual employees.  When both management and employees actively try to cut down the gossip, the results can be surprisingly positive.

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.

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