HOUSE DOCKET, NO. 3038        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2812

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul Brodeur

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the licensure of swimming pool builders and service contractors.

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PETITION OF:

HOUSE DOCKET, NO. 3038        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2812

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the licensure of swimming pool builders and service contractors.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 140 of the General Laws is hereby amended by adding the following section:

Section 207. (a) The following words shall, unless the context clearly requires otherwise, have the following meanings:

“License”, a license granted by the division of professional licensure under this section authorizing the licensee to engage in a business or operation of swimming pool construction and installation work or swimming pool maintenance and repair work in the commonwealth evidenced by a certificate.

"Swimming pool", a permanent in-ground spa or any in-ground or partially above-ground structure intended for swimming that is greater than twenty-four inches in depth. “Swimming pool builder” means a person who, for financial compensation, excavates and grades for and constructs and installs a swimming pool, including, but not limited to, tiling, coping, decking and installation of associates circulation equipment such as pumps, filters and chemical feeder.

“Swimming pool construction and installation work”, all plumbing, heating and electrical work necessary to build a swimming pool or in-ground spa, where such work commences at an outlet, receptacle, connection, back-flow preventor or fuel supply pipe installed by a person holding a license required under this section and shall include: (1) the building and installing of nonpotable water components of a pool or in-ground spa, including, but not limited to, the shell, fiberglass, concrete finish or vinyl liner of such pool or in-ground spa; and (2) the installation of drains and filters of a swimming pool or in-ground spa.

"Swimming pool maintenance, service and repair work", all plumbing, heating and electrical work necessary to service, modify or repair any swimming pool or in-ground spa, where such work commences at an outlet, receptacle, connection, back-flow preventor or fuel supply pipe previously installed by a person holding the proper license. Swimming pool maintenance and repair work includes: (1) The renovation or repair of nonpotable water components of a pool or in-ground spa, including, but not limited to, the shell, tiling and coping, concrete finish or vinyl liner of such pool or in-ground spa; and (2) the draining, acid washing or backwash filtration of a swimming pool or in-ground spa. The renovation or repair of nonpotable water components of a pool or in-ground spa required to be installed, renovated or repaired by a licensed plumber or electrician shall not be considered swimming pool maintenance and repair work.

“Swimming pool maintenance, service, and repair technician” means a person who, for financial compensation, performs swimming pool maintenance, service, or repair work as defined in this section.

(b) No later than July 1, 2017, the division of professional licensure shall adopt regulations to implement this section, including establishing the amount and type of experience, training and examination requirements for a person to obtain a license.

1. Any person actively engaged in swimming pool construction and installation work prior to July 1, 2017, may apply to the division of professional licensure for such license. The division shall issue such license without examination upon demonstration by the applicant of experience and training equivalent to the experience and training required to qualify for examination for such license.

2. Any person actively engaged in swimming pool maintenance, service and repair work prior to July 1, 2017, may apply to the division of professional licensure for such license. The division shall issue such license without examination upon demonstration by the applicant of experience and training equivalent to the experience and training required to qualify for examination of such license.

(c) No person shall install a swimming pool unless such person holds a swimming pool builder license issued by the division of professional licensure or is a direct employee of a company that at all times has at least one employee who holds a swimming pool builder license.

(d) No person shall maintain service or repair a swimming pool unless such person holds either a swimming pool builder license or a swimming pool service license issued by the division of professional licensure or is a direct employee of a company that at all times has at least one employee who holds a swimming pool service and repair license.

(e) A person licensed pursuant to this section shall not perform electrical work, plumbing and piping work or heating, piping and cooling work, as defined in Chapters 141 and 142 unless such person is licensed to perform such work.

(f) Any person who willfully: (i) Engages in or practices the work or occupation for which a license is required by this section without having first obtained a license for such work, as applicable, or is a direct employee of a company that holds a license for such work, as applicable; (ii) Falsely pretends to qualify to engage in or practice such work or occupation, or (iii) engages in or practices any of the work or occupations for which a license is required by this section after the expiration of such person's license, shall be guilty of a misdemeanor and fined not more $1,000 for a first violation, not more than $1500 for a second violation and not more than $3000 for each violation occurring less than 3 years after a second or subsequent violation.

(g) No later than July 1, 2019, licensure shall be required and the fee for a license shall be $150. The fee for a renewal for such licenses shall be $100. Licenses shall be valid for 2 years from the date of issuance. Licensing of any person to construct, build or install a swimming pool shall be administered by the division of professional licensure. The division shall also oversee the enforcement of the license and be responsible for implementing extended regulations under this section.