How Do You Become a Pool Contractor in Florida?
By Christopher M. Cobb January 15, 2021 Posted in Construction Law Share
One of the unintended consequences of the COVID-19 pandemic is the explosion of the pool industry. People under quarantine or stay at home orders are exploring recreational improvements to their homes. A pool is a great choice. As a result of the increase in the demand for pools, many people are seeking to take advantage of this by becoming licensed pool contractors. Chapter 489, Florida Statutes and 61G4-12 through 23, Florida Administrative Code sets forth the requirements for an applicant to achieve initial licensure. In Florida, an individual is given a construction license rather than a corporation. Therefore, the individual’s own experience and qualifications will determine if the license is granted or denied. This blog post will discuss the requirements for initial license of any individual who wants to become a certified pool contractor in Florida.
Pool Contractor Examination
Applicants for certified (state wide) licenses must complete the Florida contractors’ examination in the corresponding category of the license they seek. Chapter 61G4-16, Florida Administrative Code, contains the provisions adopted by the Construction Industry Licensing Board (“CILB”) regarding examination contents, security protocols, and procedures for requesting special accommodations for disabilities. State certification examinations are available for Division I and Division II Contractors. Pool contractors are considered Division II contractors.
Division II contractor examinations consist of two parts:
- trade knowledge;
- business and finance.
For more information regarding the administration and scheduling of examinations:
- you may contact the Department’s Bureau of Education and Testing at (850) 921-8215;
- or visit the Department continuing education and testing website at http://www.myfloridalicense.com/DBPR/examination-information/construction-examinations/#1508178731062-162fea5f-d475
Experience/Education
An individual who wants to become a certified pool contractor may enter into a contract for any pool construction activity under the license for which they apply. There are three main types of certified pool licenses in Florida. The applicant must demonstrate that he/she has the requisite ability, knowledge, skill and experience in the following areas and for the following licenses:
Commercial Pool License
- Commercial excavation, grading, backfill, compacting;
- commercial plumbing components;
- commercial electrical components;
- shell placement;
- deck work;
- interior surface preparation and finish;
- tile, coping and trim work
Certified Commercial Pool Contractors can have residential experience but must have commercial experience in order to qualify for the commercial pool license
Residential Pool License
- Installation, repair and servicing of residential excavation, grading, backfill, compacting;
- plumbing components;
- electrical components;
- shell placement;
- deck work;
- interior surface preparation and finish;
- tile, coping and trim work
Certified Residential Pool Contractors must have residential experience, but once they have the license, they can do complete renovations of commercial pools. They cannot do new commercial pool installation though.
Pool Servicing License
- Experience in water treatment;
- sanitation;
- filter maintenance.
- Additional experience can include installation of pool heaters, pool deck repair, tile, coping, deck trim work, plumbing equipment, and repair of pool shells with leak detection and crack repairs
Certified Pool Servicing Contractors can do complete renovations of residential pools. They cannot do new residential pool installation though.
Applicants must demonstrate and detail employment history for the CILB. Notably, any doubts about an applicant’s education and/or experience will require an appearance before the CILB Application Review Committee for an evidentiary hearing on the application. Applicants have three basic options to qualify for licensure:
Experience/Education Option #1: Applicant has received a four-year college bachelor’s degree in engineering, architecture, or building construction. Also, they have one year of construction experience in the category of licensure they are seeking.
Experience/Education Option #2: Applicant has four years of active experience as a worker in the trade or as a foreman in charge of a group usually responsible to a superintendent. However, at least one year of the four years required experience must have been as a foreman.
Experience/Education Option #3: Applicant has a combination education and experience. All junior college or community college-level courses will be considered accredited college-level courses. Consequently, this works as a sort of sliding scale where the more education the applicant possesses, the less experience they require.
Financial Responsibility/Stability
All applicants for initial licensure to become a certified pool contractor must meet the financial responsibility requirements in Rule 61G4-15.006, F.A.C. Specifically, the applicant must provide the Department with a consumer credit report that does not disclose any unpaid liens or judgments. Additionally, credit reports are required on all businesses which the applicant intends to qualify.
The consumer credit report for each applicant must provide a FICO credit score. An applicant may be denied for lack of financial stability if his or her credit score is below 660. However, applicants may furnish a licensing bond in lieu of the required credit score:
- in the amount of $20,000.00 (Division I Contractors);
- or $10,000.00 (Division II Contractors).
Also, applicants may reduce the required amount of the bond if they take a Board approved 14 hour financial responsibility course. For more information on the financial responsibility and stability requirements and 14 hour course, you may visit http://www.myfloridalicense.com/dbpr/pro/cilb/financial.html.
Good Moral Character/Criminal Background
Pursuant to Section 489.111(3)(a), Florida Statutes, each applicant for licensure to become a certified pool contractor in Florida must establish that they are of good moral character. Therefore, if the CILB denies an applicant for lack of good moral character, it must furnish a statement containing the Board’s findings. Additionally, the CILB must provide a complete record of the evidence on which the denial was based. Also, it must provide a notice of the applicant’s rehearing and appellate rights. Lastly, all applicants must submit fingerprints for the purposes of completing a criminal background check.
Criminal history reports are provided through the Florida Department of Law Enforcement in coordination with the Federal Bureau of Investigations. They are good for a period of six (6) months from date of issuance.
Insurance
Applicants must furnish an affidavit attesting that he or she has obtained the following insurance coverage:
- workers’ compensation insurance;
- public liability insurance;
- and property damage insurance.
For more blog posts from Cobb & Gonzalez, visit: https://www.cobbgonzalez.com/blog/