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.