Notice of Declaratory Statement

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Construction Industry Licensing Board
NOTICE IS HEREBY GIVEN THAT Construction Industry Licensing Board has issued an order disposing of the petition for declaratory statement filed by Richard P. Conway, Marcelo Kronemberg & The Five Star Pools, LLC on October 22, 2010. The following is a summary of the agency's disposition of the petition:
The Notice of Petition for Declaratory Statement was published in Vol. 36, No. 44, of the November 5, 2010, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on November 12, 2010. The petition requested the Board’s interpretation of Sections 489.105(3)(l)(o), Florida Statutes, and whether the Petitioner, a swimming pool/spa contractor may, install a solar pool water heater. The Board’s Order, filed on December 27, 2010 answers the Petition for Declaratory Statement. Pursuant to Section 489.105(3)(l), Florida Statutes, the scope of work for a certified pool/spa servicing contractor includes the reinstallation or addition of pool heaters. Further paragraph (p) provides that the solar contractor classification does not prevent a pool servicing contractor from providing services within the pool servicing contractor’s respective classification. Therefore, a certified pool/spa servicing contractor may install solar pool heaters.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: G. W. Harrell, Executive Director, Construction Industry Licensing Board, P.O. Box 5257, Tallahassee, Florida 32314-5257.
Please refer all comments to: G. W. Harrell, Executive Director, Construction Industry Licensing Board, P.O. Box 5257, Tallahassee, Florida 32314-5257.