Finding the Need for a Pool Contractor License in Florida
Securing the necessary contractor license in Florida is more than just a matter of legal compliance – it is a critical component of professional integrity, client satisfaction, and long-term business success. The State of Florida has established a comprehensive licensing framework for contractors of various types, including those who specialize in the construction and maintenance of swimming pools in residential and commercial capacities. Without obtaining the proper pool contractor license, individuals are unable to legally offer their services to property owners across the state. The process of acquiring a pool contractor license requires an understanding of the various statutes and code requirements, and careful adherence to all necessary provisions.
A pool contractor should acquire a license for a number of reasons, including: The failure to obtain the appropriate licenses could result in substantial penalties for a contractor. Generally, a contractor is not permitted to solicit or accept contracts under another license type, and having a license of the wrong classification could be problematic. In addition to potentially exposing a contractor to legal liability, improper licensing carries the risk of potential civil fines and charges of unlicensed contracting. When a contractor fails to obtain a pool license from the Department of Business and Professional Regulation, then customers may be dissatisfied with the services provided . This has the potential to compromise a contractor’s professional reputation as well as future business development.
In order to qualify for a Florida pool contractor license, applicants must complete a number of stringent requirements. These requirements include taking and passing Contractor Licensing Exams, completing a background check, and adhering to specific net worth standards as well as sound professional practices and codes of conduct. Before issuing a license, the Department of Business and Professional Regulation requires interested persons to submit a financial statement prepared by a certified accountant. Additionally, applicants must prove that they have been involved in the business for at least six years prior to submitting an application.
Overall, obtaining a pool contractor license is essential for contractors in Florida who wish to lawfully conduct business within the industry. Careful consideration of the requirements is advised during the application process. The process itself can be confusing, and many applicants will benefit from professional assistance. While technically knowledgeable and adequately experienced professionals may be able to navigate the application process without assistance, seeking help from a qualified administrative law attorney will streamline the process and help ensure compliance with all aspects of Florida’s pool contractor licensing requirements.
Different Varieties of Pool Contractor Licenses in Florida
The vast majority of licensed general and residential contractors who service and/or build swimming pools in Florida have obtained a certified license, which largely involves a contractor’s own efforts at demonstrating their competency as well as subjecting themselves to a criminal background check. This ensures that whether they are ready or not to work with high powered electrical and plumbing systems, they must demonstrate the necessary knowledge and skills to do so. Unlike many states, in Florida, there is not a separate city or county issued license that needs to be obtained as a prerequisite to being able to open up shop and make a living doing pool work.
In addition to general contractor and residential licenses, there are two types of contractor licenses that are available specifically for those who intend to build or service swimming pools.
The Commercial Pool/Spa Contractor (CP-S Lic. C-57) license was created as an automatic reciprocal license for those licensed as a general contractor or a mechanical, electrical, plumbing, or building contractor in Florida. This license is a limited energy license within the meaning of Section 489.505(1)(a), Florida Statutes and authorizes a licensee to contract as a qualified swimming pool/spa service contractor. The scope of work authorized includes both the installation and service of swimming pools. Typical work performed by a commercial pool/spa contractor include the coordination of subcontractors and other activities on the job site necessary to the completion of the project.
Unlike a general contractor license, a commercial pool/spa contractor license does not require a general understanding of all building code requirements for each structural and aesthetic component of a home, such as drywall, concrete block and framing, to the same degree as is required by a general contractor. However, along with this reduced scope of work, a commercial swimming pool/spa contractor may only contract to take a project from the time it is ready to install the electrical components until the project is ready to be put back in the hands of the homeowner.
The Residential Pool/Spa Contractor (RPS Lic. C-57) license was created for those who are qualified to construct swimming pools, spas, and hot tubs. This license is a limited energy license within the meaning of Section 489.505(1)(a), Florida Statutes. Licensed activities include the construction, repair, and remodeling of commercial and residential swimming pools, including hot tubs and spas. A residential pool/spa contractor license allows a person to perform the work of a specialty contractor. This is a "limited" license. It authorizes the licensee to contract for and supervise the construction, repair, and remodeling of swimming pools, swimming pool piping, and finishes such as waterfalls and spas as well as hot tubs and swim spas. It does not authorize the licensee to work on anything other than swimming pools, hot tubs, and spas.
"To carry out the provisions of this subsection, the department shall define by rules all activities that require licensure and other activities requiring standardization and regulation, such as insulating electrical panels, cleaning poles, and portable spa maintenance." Section 489.117(3), Florida Statutes.
The Residential Swimming Pool Contractor License allows a contractor to do both commercial and residential swimming pool work.
Pool Contractor License Eligibility in Florida
When seeking to obtain a contractor’s license in the State of Florida, an applicant must first meet a number of eligibility criteria to ensure that he or she is qualified to hold the license in accordance with Florida law. The experience and education requirements differ depending upon the type of license being sought. For both licenses, experience in the field is required.
The experience requirement is as follows:
- Applicants seeking to obtain a general contractor’s license must have verifiable experience relating to the construction, repair, or demolition of structures in all categories over a period of no fewer than four years, two of which must be spent in responsible managing position.
- Applicants seeking to obtain a pool contractor’s license must have verifiable experience relating to the construction of pools over a period of no fewer than four years, two of which must be spent in a responsible managing position.
- Applicants seeking to obtain a residential contractor’s license must have verifiable experience relating to the construction and/or remodeling of residential structures of no fewer than four years, two of which must be spent in responsible managing position. The experience must be as a foreman, supervisor, contractor, owner-builder, or principal owner of a company. Of the four years of construction experience, at least one year must be in the construction of a residential structure in excess of 1250 square feet.
In addition to the basic experience requirement, applicants seeking to obtain a general contractor’s license must also provide proof of advanced study of 30 classroom hours in the Florida Building Code. No proof of code study is required for applicants seeking to obtain a pool contractor’s license or a residential contractor’s license.
Applicants seeking to obtain a general contractor’s license may either provide proof of seven hours of continuing education in business financial management, or alternatively, provide proof of qualifications in business financial management by submitting the following: completion of 14 semester hours of coursework from a regionally accredited university in the following areas: cost estimating and scheduling, project management, contracting methods and contracts, assess management, and/or accounting (limited to basic accounting and accounting principles).
Applicants seeking to obtain a general contractor’s license may either provide proof of seven hours of continuing education in laws and rules and building codes and wind mitigation, or alternatively, provide proof of taking the following courses:
A bond or other demonstrative evidence of financial stability must also be submitted in order to establish that the applicant has sufficient financial ability, in accordance with the state’s financial responsibility requirements.
How to Obtain the License: Applying for a Pool Contractor License in Florida
For either major license category, applicants should first complete or have completed a Florida Department of Business and Professional Regulation "Application for Licensing." As explained in the detailed DBPR instructions, each major license application covers Multiple Business Name Requests and Applicant Owner/Officer & Qualifying Agent requirements. The initial application charges a fee of $250.00 and an examination (when applicable) fee of $130.00. All fees must be submitted by check or money order payable to the Florida Department of Business and Professional Regulation. The application is subject to an administrative processing charge of $25.00, and any outstanding child support (See Florida law). The DBPR will evaluate applications and notify applicants within 30 days of receipt. Upon approval, the applicant will be notified of their eligibility to take the required license exam. The same fees are chargeable, and applications and all required documentation must be submitted 14 days prior to the requested examination date. Alternative qualifications allow foreign architects and engineers and other licensees to obtain a city registration under the rules for reciprocity. If the examination is passed, the applicant must pay a final fee, including an initial biannual license fee. The license will become biannual on January in the even-numbered year following licensure: DBPR’s Florida Building Code Administrators and Plans Examiners Board ("BCAIB") oversees licensure for pool and spa contractors under the Uniform Building Code. BCAIB issues the certificate required for pool and spa contractors to receive a local license to operate. See our article explaining the types of local license categories. Some jurisdictions permit certified pool and spa contractors, registered pool and spa contractors and contractors who have served an apprenticeship to perform residential work. Just as DBPR governs general contractors who may not offer swimming pool services, so too is the practice for residential general contractors providing swimming pool construction service, services that fit inside the BCAIB scope of work. This pathway is available to licensed and registered contractors who have completed the apprenticeship training program. See BPAB’s detailed examination and application procedures. Successful candidates will be awarded a BCAIB "Certificate of Competency". Certification lasts until the next scheduled examination, typically every four years. Candidates awarded the certificate obtain a license number from the county where they seek to do business, and who then qualify to obtain DBPR licensure.
License Preparation: Preparing for the Florida Pool Contractor Exam
Preparation for the Florida pool contractor exam requires a strategic approach, an in-depth knowledge of the subject matter, and strong study skills. Given the comprehensive nature of the pool contractor exam, many prospective licensees will benefit from an organized study plan and intensive test preparation.
There are several different routes available for preparing to take the pool contractor test, ranging from structured classroom instruction to self-paced online programs. Some people can best prepare for the examination with a few hours of study a night. Others may do better by studying for full-day blocks over multiple weeks.
The best method for preparing for the pool contractor exam will vary depending on the comfort level and schedule of the license applicant. Regardless of the method of study chosen, all applicants should adopt some general study tips. These include: The pool contractor exam is both challenging and time-consuming. The exam has timed sections for each of the electrical , plumbing, and general contracting portions. In addition, applicants also must pass two business and finance sections. Finally, applicants must take the four-hour law portion of the test and pass all three parts of the exam in the same period. All in all, it takes about 11 hours for applicants to complete the entire pool contractor test. Although the test has a reputation as being difficult, many first-time test takers pass on their first try. Meeting with a Florida pool contractor license attorney can help applicants pass the test on the first try. These professionals can help book an exam at a time that is convenient for the applicant, help choose the right study program based on schedule and studying type, and provide guidance on areas that merit additional study. If you’re looking to sit for the Florida Pool Contractors exam, talk to an attorney who can help you prepare and avoid any pitfalls.
Retaining Your License: Maintaining and Renewing Your License
To maintain a Florida pool contractor license, contractors must complete a specific number of hours of continuing education. Home improvement and general contractor license holders are on a two-year renewal cycle. The continuing education requirements are twelve (12) hours of education with two (2) hours of worker’s compensation, two (2) hours of workplace safety, and two (2) hours of a financial literacy course. The other hours can include any construction-related topics such as codes, permitting requirements, environmental issues, etc. Of those twelve (12) hours, the financial literacy course is newly required. The financial literacy course covers money management for small businesses and is intended to provide builders with the tools to make them financially fit for the rigors of running a construction business. Contractors are required to renew their license biennially and must renew if they have completed the necessary continuing education. If they have not completed the education, they cannot renew and any work being done after the expiration date is illegal. The contractors would also be required to provide an updated test score. Continuing education must be completed by the expiration date to be eligible for renewal.
Common Pitfalls for New Pool Contractors
The primary challenge new pool contractors face when applying for a contractor’s license is the obscure nature of the rules – it may not always be obvious to potential contractors which license they should be applying for, and where. Furthermore, licenses are not transferable across government entities – if a potential contractor is already licensed in another jurisdiction, they may not be licensed in Florida, and vice versa.
Potential contractors run into issues with insurance and financial responsibility requirements as well. Applicants for a contractor’s license are expected to have a substantial amount of liability insurance and some sort of guarantee as to their financial responsibility. Specific requirements vary by county; for instance, Orange County only requires applicants to deposit $22,000 with a bank or surety company, whereas Seminole County would require much more substantial support displaying financial capacity.
Applicants should also expect to be asked to sit for a competency exam, such as the CITB exam. This exam is required for the applicant to be issued a certificate of competency by the Florida Department of Business & Professional Regulation . The program is administered by a private testing agency which has contracted with the state. The exam can be difficult, however; Orange and Lake County have generally unlimited re-test opportunities on the CITB, but Seminole County only allows candidates to retake the exam twice within a one year period. If an applicant fails the test three times, they must apply again for the certification.
Even after a person has successfully passed the competency examinations and submitted necessary documentation to the government, there is more to consider: applicants are generally required to attend a meeting with county commissioners. During this meeting, they must provide their own presentation espousing their qualifications, why they will make a good contractor, and how they plan to conduct business. At times, existing contractors in the region will attend the meeting to object to the approval of the applicant. If the commissioners are satisfied by the applicant’s responses, they will give them a provisional license; the applicant then has 60 days to submit the final application. Once they have successfully completed that process, they will be placed on a probationary period for 2 years.