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Chapter 489 Part I - Florida Statutes - Section G
489.105 Definitions.
As used in this part:
- "Board" means the Construction Industry Licensing Board.
- "Department" means the Department of Business and Professional Regulation.
- "Contractor" means the person who is qualified for, and shall only be
responsible for, the project contracted for and means, except as exempted in this part,
the person who, for compensation, undertakes to, submits a bid to, or does himself or
herself or by others construct, repair, alter, remodel, add to, demolish, subtract from,
or improve any building or structure, including related improvements to real estate, for
others or for resale to others; and whose job scope is substantially similar to the job
scope described n one of the subsequent paragraphs of demolition of steel tanks over 50
feet in height; towers over 50 feet in height; other structures residences over three
stories tall. Contractors are subdivided into two divisions, Division 1, consisting of
those contractors defined in paragraphs (a) -(c), and Division II, consisting of those
contractors defined in paragraphs (d)-(q):
- "General contractor" means a contractor
whose services are unlimited as to the type of work which he or she may do, who may
contract for any activity requiring licensure under this part, and who may perform any
work requiring licensure under this part, except as otherwise expressly provided in s.
489.113.
- "Building contractor" means a
contractor whose services are limited to construction of commercial buildings and
single-dwelling or multiple-dwelling residential buildings, which commercial or
residential buildings do not exceed three stories in height, and accessory use structures
in connection therewith or a contractor whose services are limited to remodeling, repair,
or improvement of any size building if the services do not affect the structural members
of the building.
- "Residential contractor" means a
contractor whose services are limited to construction, remodeling, repair, or improvement
of one-family, two-family, or three-family residences not exceeding two habitable stories
above no more than one uninhabitable story and accessory use structures in connection
therewith.
- "Sheet metal contractor" means a
contractor whose services are unlimited in the sheet metal trade and who has the
experience, knowledge, and skill necessary for the manufacture, fabrication, assembling,
handling, erection, installation, dismantling, conditioning, adjustment, nonferrous metal
work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials,
including, but not limited to, fiberglass, used in lieu thereof and of air-handling
balancing of air0handling systems, and any duct cleaning and equipment sanitizing which
requires at least a partial disassembling of the system.
- "Roofing contractor" means a contractor
whose services are unlimited in the roofing trade and who has the experience, knowledge,
and skill to install, maintain, repair, alter, extend, or design, when not prohibited by
law, and use materials and items used in the installation, maintenance, extension, and
alteration of all kinds of roofing, waterproofing, and coasting, except when coating is
not represented to protect, repair, waterproof, stop leaks, or extend the life of the
roof.
- "Class A air-conditioning contractor" means a
contractor whose services are unlimited in the execution of contracts requiring the
experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend,
or design, when not prohibited by law, central air-conditioning, refrigeration, heating,
and ventilating systems, including duct work in connection with a complete system only to
the extent such duct work is performed by the contractor as is necessary to make complete
an air-distribution system, builder and unfired pressure vessel systems, and all
appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning
and equipment sanitizing which requires at least a partial disassembling of the system; to
install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law
piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic
control piping; to replace, disconnect, or reconnect power wiring on the load side of the
dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low
voltage heating, ventilation, and air-conditioning control wiring; and to install a
condensate drain from an air-conditioning unit to an existing safe waste or other approved
disposal other than a direct connection to a sanitary system. The scope of work for such
contractor shall also include any excavation work incidental thereto, but shall not
include any work such as liquefied petroleum or natural gas fuel lines within buildings,
potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and
filters or electrical power wiring.
- "Class B air-conditioning contractor" means a
contractor whose services are limited to 25 tons of cooling and 500,000 Btu of heating in
any one system in the execution of contracts requiring the experience, knowledge, and
skill to install, maintain, repair, fabricate, alter, extend or design, when not
prohibited by law, central air-conditioning, refrigeration, heating, and ventilating
systems, including duct work in connection with a complete system only to the extent such
duct work is performed by the contractor as is necessary to make complete an
air-distribution system being installed under this classification, and any duct cleaning
and equipment sanitizing which requires at least a partial disassembling of the system; to
install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by
law, piping and insulation of pipes, vessels, and ducts; to replace, disconnect switch; to
install, disconnect, and reconnect low voltage heating, ventilation, and air-conditioning
unit to an existing safe waste or other approved disposal other than a direct connection
to a sanitary system. The scope of work for such contractor shall also include any
excavation work incidental thereto, but shall not include any work such as liquefied
petroleum or natural gas fuel lines within buildings, potable water lines or connection
thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power
wiring.
- "Class C air-conditioning contractor" means a
contractor whose business is limited to the servicing of air-conditioning, heating, or
refrigeration systems, including any duct cleaning and equipment sanitizing which requires
at least a partial disassembling of the system, and whose certification or registration,
issued pursuant to this part, was valid on October 1, 1988. No person not previously
registered or certified as a Class C air-conditioning contractor as of October1, 1988,
shall be so registered or certified after October 1, 1988. However, the board shall
continue to license and regulate those class C air-conditioning contractors who held Class
C licenses prior to October 1, 1988.
- "Mechanical contractor" means a
contractor whose services are unlimited in the execution of contracts requiring the
experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend,
or design, when not prohibited by law, central air-conditioning, refrigeration, heating,
and ventilating systems, including duct work in connection with a complete system only to
the extent such duct work is performed by the contractor as is necessary to make complete
an air-distribution system, boiler and unfired pressure vessel systems, lift station
equipment and piping, and all appurtenances, apparatus, or equipment used in connection
therewith, and any duct cleaning and equipment sanitizing which requires at least a
partial disassembling of the system; to install, maintain, repair, fabricate, alter,
extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and
ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump
installations and piping for same, standpipes, air piping, vacuum line piping, oxygen
lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural
gas fuel lines within buildings; to replace, disconnects, or reconnect poser wiring on the
load side of the dedicated existing electrical disconnect switch; to install, disconnect,
and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and
to install a condensate drain form an air-conditioning unit to an existing safe waste or
other approved disposal other than a direct connection to a sanitary system. The scope of
work for such contractor shall also include any excavation work incidental thereto, but
shall not include any work such as liquefied petroleum gas fuel lines within buildings,
potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and
filters, or electrical power wiring.
- "Commercial pool/spa contractor" means
a contractor whose scope of work involves, but is not limited to, the construction,
repair, and servicing of any swimming pool, or hot tub or spa, whether public, private, or
otherwise, regardless of use, including the repair or replacement of existing equipment or
the installation of new equipment, as necessary. The scope of such work includes layout,
excavation, operation of construction pumps for dewatering purposes, steelwork,
installation of light niches, construction of floors, guniting, fibergalssing,
installation of tile and chemical feeders of nay type, plastering of the interior,
construction of decks, construction of equipment rooms or housing for pool equipment, and
installation of package pool heaters and also includes the scope of work of a swimming
pool/spa servicing contractor. However, 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
modification, or replacement of such equipment. Water treatment that does not require such
equipment does not require a license. In addition, a license shall not be required for the
cleaning of the pool or spa in any way that does not affect the structural integrity of
the pool or spa or its associated equipment.
- "Residential pool/spa contractor" means
a contractor whose scope of work involves, but is not limited to, the construction,
repair, and servicing of any residential swimming pool or hot tub or spa, regardless of
use, including the repair or replacement of existing equipment or the installation of new
equipment, as necessary. The scope of such work includes layout, excavation, operation of
construction pumps for dewatering purposes, steelwork, installation of light niches,
construction of floors, guniting, fiberglassing, installation of tile and coping,
installation of all plastering of the interior, construction of decks, installation of
housing for pool equipment, and installation of package pool heaters and also includes the
scope of work of a swimming pool/spa servicing contractor. However, 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 shall 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
structural integrity of the pool or spa or its associated equipment.
- "Swimming pool/spa servicing contractor" means
a contractor whose scope of work involves the servicing and repair of any swimming pool or
lot tub or spa, whether public or private, The scope of such work may include any
necessary piping and repairs, replacement and repair of existing equipment, or
installation of new additional equipment as necessary. The scope of such work includes the
reinstallation tile and coping, repair and replacement of all piping, filter equipment,
and chemical feeders of any type, replastering, reconstruction of decks, and or complete
disassembly, 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 shall not require licensure unless the usage involves construction, modification,
substantial or complete disassembly, or replacement of such equipment. Water treatment
that does not require such equipment does not require a license. In addition, a license
shall not be required for the cleaning of the pool or spa in any way that does not affect
the structural integrity of the pool or spa or its associated equipment.
- "Plumbing contractor" means a
contractor whose contraction business consists of the execution of contracts requiring the
experience, financial means, knowledge, and skill to install, maintain, repair, alter,
extend, or, when not prohibited by law, design plumbing. A plumbing contractor may
install, maintain, repair, alter, extend, or when not prohibited by law, design the
following without obtaining any additional local regulatory license, certificate, or
registration; sanitary drainage or storm drainage facilities; venting systems; public or
private water supply systems; septic tanks; drainage and supply wells; swimming pool
piping; irrigation systems; or solar heating water systems and all appurtenances,
apparatus, or equipment used in connection therewith, including boilers and pressure
process piping and including the installation of water, natural gas (excluding liquid
petroleum gases), and storm and sanitary sewer lines; and water and sewer plants and
substations. The scope of work of the plumbing contractor also includes the design, when
not prohibited by law, and installation, maintenance, repair, alteration, or extension of
air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related
medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by
law; ink and chemical lines; fuel oil and gasoline piping and tank and pump installation,
except bulk storage plants; and pneumatic control piping systems, all in such manner as to
comply with all plans, specifications, codes, laws, and regulations applicable. The scope
of work of the plumbing contractor shall apply to primate property and public property,
shall include any excavation work incidental thereto, and shall include the work of the
specialty plumbing contractor. Such contractor shall subcontract, with a qualified
contractor in the field concerned, all other work incidental to the work but which is
specified herein as being the work of a trade other than that of a plumbing contractor.
Nothing in this definition shall be construed to limit the scope of work of any specialty
contractor certified pursuant to s. 489.113(6). Nothing in this authorized employee of a
public natural gas utility or of a private natural gas utility regulated by the Public
Service Commission when disconnecting and reconnecting water lines in the servicing or
replacement of an existing water heater.
- "Underground utility and excavation
contractor" means a contractor whose services are limited to the
construction, installation, and repair, on public or private property, whether
accomplished through open excavations or through other means, including, but not limited
to, directional drilling , auger boring, jacking and boring, trenchless technologies, wet
and dry taps, grouting and slip lining, of main sanitary sewer collection systems, main
water distribution systems, storm sewer collection systems, and the continuation of
utility lines form the main systems to a point of termination up to and including the
meter location for the individual occupancy, sewer collection systems at property line on
residential or single-occupancy commercial properties, or on multioccupancy properties at
manhole or wye lateral extended to an invert elevation as engineered to accommodate future
building sewers, water distribution systems, or storm sewer collection systems at storm
sewer structures. However, an underground utility and excavation contractor may install
empty underground conduits in rights-of-way, easements, platted rights-of-way in new site
development, and sleeves for parking lot crossings no smaller than 2 inches in diameter,
provided that each conduit system installed is designed by a licensed professional
engineer or an authorized employee of a municipality, county or public utility and that
the installation of any such conduit does not include installation of any conductor wiring
or connection to an energized electrical system. An underground utility and excavation
wiring or connection to an energized electrical system. An underground utility and
excavation contractor shall not install any piping that is an integral part of a fire
protection system as defined in s. 633.021 beginning at the point where the piping is used
exclusively for such system.
- "Solar contractor" means a contractor
whose services consist of the installation, alteration, repair, maintenance, relocation,
or replacement of solar panels for potable solar water heating systems, swimming pool
solar heating systems, and photovoltaic systems and any appurtenances, apparatus, or
equipment userd in connection therewith, whether public, private, or otherwise, regardless
of use. A contractor, certified or registered pursuant to the provisions of this chapter,
is not required to become a certified or registered solar contractor or to contract with a
solar contractor in order to provide any services enumerated in this paragraph that are
within the scope of the services such contrctors may render under this part.
- "Pollutant storage systems contractor" means
a contractor whose services are limited to, and who has the experience, knowledge, and
skill to install maintain, repair, alter, extend, or design, when not prohibited by law,
and use materials and items used n the installation, maintenance, extension, and
alteration of, pollutant storage tanks. Any person installing a pollutant storage tank
shall perform such installation in accordance with the standards adopted pursuant to s.
376.303.
- "Specialty contractor" means a
contractor whose scope of work and responsibility is limited to a particular phase of
construction and whose scope is limited to a subset of the activities described in the
categories established in one of the paragraphs of this subsection.
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