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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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Having a problems with Palm Beach state inspectors. If I won

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Having a problems with Palm Beach state inspectors. If I won a pool company and am not a contractor. Can I hire someone who is not a contractor to clean a pool?
Submitted: 2 years ago.
Category: Legal
Expert:  ScottyMacEsq replied 2 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes.

ScottyMacEsq :

Florida law 489.105 (k) “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. The scope of work includes the installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of all perimeter piping and filter piping, and the construction of equipment rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing contractor. 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 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.

ScottyMacEsq :

Here's the link to that law.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

yes helpful But If I am not a contractor can my pool company hire this pool independent to do pool cleaning which does not need a license to clean a pool. Do i need to be licensed for hiring of these pool cleaners It would not make sense but that is my concern that the county may say

ScottyMacEsq :

No. If you are not involved in any construction, installation, modification or replacement of equipment, but only in cleaning, then you would not need a license either, nor would any employees that you have.

Customer:

My company is set up where I have listed as a mgr. and officer a company that is a contractor. Does that qualify me for repairs?

ScottyMacEsq :

You personally are not licensed?

Customer:

no

ScottyMacEsq :

Then no. Under FL law, "489.105 (3) “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 in one of the subsequent paragraphs of this subsection. For the purposes of regulation under this part, “demolish” applies only to demolition of steel tanks over 50 feet in height; towers over 50 feet in height; other structures over 50 feet in height, other than buildings or residences over three stories tall; and buildings or residences over three stories tall." A business cannot be a contractor, an individual is,.

Customer:

so i cannot take a job and get a licensed contractor to do the work for me?

ScottyMacEsq :

No, you can do that, if it's something that requires a license. Basically the person doing the actual construction, installation, modification, or replacement has to be licensed.

Customer:

they are but an inspector saw my truck that advertised repairs with my number. It had no contractors license on it as i dont have one. He did not catch me doing anything. He said I am operating illegally as I cannot advertise even if I get a licensed person to do the work. He wants to meet with me . I do not know if i should. that is all he has

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11526
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 15 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
they are saying I cannot advertise that I do the work because I am not licensed.
Customer: replied 2 years ago.
they say i cannot have a sign advertising that my company does repairs
Expert:  ScottyMacEsq replied 2 years ago.
It sounds like the issue might be more about false advertising than contracting. Again, to answer your question you don't need a licensed contractor in those situations that I mentioned above. Now if the question is about some other statute that doesn't necessarily deal with licensing, etc... but rather advertisement, then that might be a different matter.

All the same, I would go ahead and meet with him (but keep your answers short and to the point) and ask him to point out what state or local provisions you have violated. It should be clear in the law that you have not complied. If they have to stretch, then you could fight it, and potentially win.

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