NOTICE
Pool Heat Pump Applications
Effective June 29, 2012
STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
IN RE:
The petition for declaratory statement of Jeff Tawney, Aquacal Auto Pilot, Inc.
FINAL ORDER:
This matter came before the Construction Industry Licensing Board (Board) pursuant to section 120.565, Florida Statutes. At a duly-noticed public meeting held on Tampa, in Tampa, Florida, the Board considered the Petition for Declaratory Statement filed by JEFF TAWNEY, who was present.
The Petition was filed with the Department of Business and Professional Regulation on March 9, 2012. Notice of the Petition was published on March 23, 2012, in the Florida Administrative Weekly. No comments were received. Having considered the Petition and relevant statutes and rules, the Board issues the following:
FINDINGS OF FACT:
- The facts considered by the Board are as alleged in the Petition, a copy of which is attached hereto and incorporated by reference, and presented at the meeting, with no further investigation by the Board.
- Petitioner is licensed by the Board as a certified class A air conditioning contractor.
- Petitioner asks the Board whether a licensed Class A or Class B airconditioning contractor can contract and install a heat pump for a swimming pool or spa.
CONCLUSIONS OF LAW:
- The Construction Industry Licensing Board has authority to issue this Final Order pursuant to Section 120.565, Florida Statutes, and Rule 28-105, Florida Administrative Code.
- Petitioner is substantially affected, as required by section 120.565, Florida Statutes.
- Pursuant to section 489.105, Florida Statutes, "Residential pool/spa contractor" means a contractor whose scope of work involves, but is not limited to, the construction, repair, and servicing of a residential swimming pool, or hot tub or spa, regardless of use. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, or replacement of equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning does not require licensure unless the usage involves construction, modification, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license is not required for the cleaning of the pool or spa in a way that does not affect the structural integrity of the pool or spa or its associated equipment.
Therefore, the Board hereby issues a declaratory statement that Petitioner cannot contract and install a heat pump for a swimming pool under his certified air conditioning contractor's license.
The applicability of this Declaratory Statement is limited to the set of facts incorporated herein. This Final Order shall be effective upon filing with the Clerk of the Department of Business and Professional Regulation.
DONE AND ORDERED this 26 day of April, 2012.
