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Interpretation #7434

Original Request

  • Date: December 10, 2014
  • Requested By: Mitchell D. Varney
  • Requester E-Mail: darrelvarney.abc@gmail.com
  • Code Version: 2010
  • Code: BUILDING
  • Code Description: Building
  • Chapter: 1
  • Section: FS489.113(3)
  • Topic: GC doing a swimming pool

  • Question: Is it the intent of FS489.113(3),(3c), to prevent General Contractors from doing all structural work on swimming pools, with structural being defined as all excavation, steel, and concrete, including pool deck and deck finishes? The GC would sub-contract electric and plumbing to appropriately licensed contractors. A pool contractor would then be used for interior finish.

Answer on 12/10/2014 at 11:26 AM

A formal response to this question would best be addressed
through a Declaratory (DEC) statement from the Construction
Industry Licensing Board (CILB). As this question involves
a direct opinion of the application of a statutory
requirement, the body responsible for the application of
the wording would be the best body to respond.

With that being said, the intent of this section (FS 489.113
(3),(c)has been interpreted in the past that a GC would
not need to sub-contract out the shell of a pool, perhaps
on a highrise building, since it would become part of the
building structure itself. The legislators did not specify
that the shell had to be part of the building structure as
part of the statute allowing a GC to complete the
structural shell without the need of a pool contractor.

Commentary:

Florida Statute 489, Part I is fairly clear. A Division I contractor can do anything within the scope of the statute, unless it requires a Division II license holder to perform that work. As an example, a general contractor may be able to dig the trenches and even do the backfill, however, they cannot perform the plumbing work within the trench. This is only one example. Pools and roofs are areas where overlap may exist as well, however, the Division I contractor is limited as to the extent they may be involved. Again, specific application of this statutory language falls within the pervue and responsibility of the CILB.