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Department of Business and Professional RegulationConstruction Industry Licensing BoardDeclaratory StatementsThe CILB is not expected to issue any further declaratory statements in light of antitrust law concerns. These statements are provided for historical context and were only legally binding as to the petitionerin each case.last updated August 21, 2020SubjectFindings of FactsConclusionNumberPetitionerFile DateAccessory Use StructuresPetitioner asked the Board whether construction of anaccessory use structure is within the scope of a ResidentialContractor when the parcel does not and will not have aresidencePursuant to Chapter 489, Part I, section 489.105,2010-059Residential Contractors services are limited toconstruction, repair, and improvement of accesory usestructures in connection with residences. Therefore,the Board hereby issues a Declaratory statement that aresidential contractor may not construct an accessoryuse structure unless it is in connection with a residenceas listed in Section 489.105 (3)(c).Devon HigginbothamAccessory Use StructuresPetitioner asks the Board whether a building department mayissue a permit to a locally licensed contractor to construct asingle family accessory building such as a detached metalcarport on a slab if the construction is within the scope of thelocal license.Pursuant to Section 489.105, Florida Statutes, a2011-033registered contractor fulfills the competencyrequirements for the jurisdiction where the registrationwas issued and may only contract in such jurisdiction.Therefore, the Board hereby issues a declaratorystatement that yes, a locally licensed contractor mayobtain a permit to construct a single family accessorybuilding such as a detached metal carport on a slab ifthe construction is within the scope of the local license.Putnam CountyPlanning andDevelopmentServicesAir ConditioningCan they install solar water heating systems with a certifiedclass A air conditioning contractor's licenseNo; mechanical and air conditioning contractors are not 2009-021permitted to install solar water heating systemsMid-Florida Heatingand Air, Inc9/4/2009Air ConditioningPetitioner asks the Board wether a license is required forThe board hereby issues a declaratory statement thattechnicians to investigate the cause and origin of damage to an air conditioning contractor's license is required toHVAC units and to prepare a written report with their findings. perform the services described in the petition.2012-082LightningInvestigations, LLC1/3/2013Air Conditioning Contractor(Class A & Class B)The petitioner asks the Board whether a licensed Class A orClass B air conditioning contractor can contract and install aheat pump for a swimming pool or spa.The board hereby issues a declaratory statement that 2012-024the petitioner cannot contract and install a heat pumpfor a swimming pool under his certified air conditioningcontractor's license.Petitioner asks the Board whether replacement of a waterThe board hereby issues a declaratory statement2011-083cooled 2-ton unit which is connected to the riser of a 500-ton replacement of a water cooled 2-ton unit, which isconnected to the riser of a 500-ton water cooling tower,water cooling tower is within the scope of a Class Bis within the scope of a Class B air conditioningcontractorcontractorJeff Tawney,AquaCal Auto Pilot,Inc.4/27/2012Air Conditioning Contractor(Class B)Pete Quintela, City ofMiami BeachBuilding Department12/2/20107/12/20112/7/2012

Air Conditioning Contractor(Class B)Petitioner asks the board whether it is in the scope of a ClassB air conditioning contractor to replace a 2 ton water cooledheat pump unit, which has been piped directly to the riser ofa 500 ton water cooling tower; to replace a 2 ton water cooledheat pump unit, with shut off valves connected to the riser ofa 500 ton water cooling tower; and to replace a broken shutoff valve feeding a water cooled 2 ton unit which is connectedto the riser of a 500 ton water cooling towerThe board hereby issues a declaratory statement that it 2012-061is outside the scope of a Class B air conditioningcontractor to replace a 2 ton water cooled heat pumpunit, which has been piped directly to the riser of a 500ton water cooling tower. Replacement of a 2 ton watercooled heat pump unit, with shut off valves connectedto the riser of a 500 ton water cooling is permissiblewith the contractor’s scope, but it is outside thecontractor’s scope to replace a broken shut-off valvefeeding a water cooled 2 ton unit which is connected tothe riser of a 500 ton water cooling tower.Pete Quintella, Cityof Miami BeachBuilding Department10/19/2012Air Conditioning Contractor(Class B)Petitioner asks the Board whether a class b air-conditioningcontractor, as defined in Section 489.105 (3)(g), FloridaStatutes, can contract to perform, and perform, maintenance,service, and make repairs to the evaporator, compressor,condensor, coils, and other components of the refrigerantsystem of a swimming pool/spa heat pump.The board hereby issues a declaratory statement thatthe petitioner can contract to perform, and perform,maintenance, service, and make repairs to theevaporator, compressor, condensor, coils, and othercomponents of the refrigerant system of a swimmingpool/spa heat pump.2014-060Larry Frankling/StarAir Conditioning &Heating, LLC8/5/2014Air Conditioning Contractor(Class B)The petitioner asks the Board to define "25 tons in onesystem" in the execution of contracts as referenced in489.105(3)(g), F.S.The board hereby issues a declaratory statement thatthe '25 tons in any one system' means, considered ona per-unit basis, each unit must be within 25 tons.2015-098Jacob Ragsdale11/6/2015AirWhether the service of LP gas appliances is within the scope Pursuant to section 489.105, Florida Statutes,2010-047Conditioning/PlumbingMechani of either a plumbing, air conditioning class A or B, orplumbing, air conditioning class A & B, and mechanicalcalmechanical license.licensees are allowed to disconnect, reconnect, andrepair LP appliances. Therefore, the board issues adeclaratory statement that service of LP appliances,including disconnect, reconnect, and repair are withinthe scope of practice of certified plumbing, airconditioning class A & B, and mechanical contractorsJacqueline Watts2/1/2011AirIs the venting of carbon monoxide, which is part of theConditioning/PlumbingMechani installation and servicing of LP Gas appliances, within thecalscope of Class A & B Air Conditioning/Mechanicalcontracting licensing? Is the connecting and disconnectingof LP Gas appliances during changeouts, installation orservice withing scope of a plumbing contractor? Is theinstallation or servicing of "outdoor" LP Gas piping within thescope of a plumbing contractorAppliance RepairPetition asks the Board whether a license is required for workon medium, low, and ultralow temperature equipment locatedin hospitals, laboratories, research facilities, and on highlyspecialized cooling equipment for the U.S. GovernmentAppliance RepairPetitioner asks the board whether a plumbing license isrequired for the removal and replacement of dishwasherappliances.Yes on all counts2005-031Jacqueline Watts9/8/2005The board hereby issues a declaratory statement thata license is not required to service an appliance asdescribed that is designed to be plugged into anelectrical socket when the appliance is not part of thestructure.The board hereby issues a declaratory statement thata plumbing license is not required to replacedishwashers.2012-079Dennis J. Haggerty1/3/20132013-004Barry Conley3/4/2013

Building ContractorBuilding ContractorsBuilding ContractorsCell TowersChickeeChimney and smokestackrepair, maintenance,inspeciton, and demolitionConstruction ManagerContinuing Education CoursePetitioner asks the board whether a certified buildingcontractor may erect a brand new building. Petitionerindicates that most projects are single story, 3000 squarefoot stores.Therefore, the board hereby issues a declaratory2014-021statement that the definition of "building contractor" inSection 489.105(3)(b), F.S., includes the ability toconstruct new buildings as described in the Petitioner'srequest for a declaratory statement.Petitioner asks the Board whether the installation of windows Pursuant to section 489.105, F.S., building contractors 2010-063and doors in buildings greater than 3 stories in height isare permitted to perform remodeling, repair, orwithin the scope of a building contractorimprovement of any size building if the services do notaffect the structural members of a building. Therefore,the Board hereby issues a declaratory statement that abuilding contractor may install non-structural, non-loadbearing windows and doors in buildings greater than 3stories in height, pursuant to section 489.105 (3)(c),F.S.Ricki MoranBruce Landers10/15/2010Petitioner asks the board whether a building contractor caninstall a pool lift by drilling into the existing pool deck,installing a socket, and providing an independent watersupply.Pursuant to section 489.105 (3), Florida Statutes, the 2011-073requested pool services are outside the scope of workof a building contractor. Therefore, the Board herebyissues a declaratory statement that a buildingcontractor is not licensed to install a pool lift asdescribed in the petition.Can a buiilding contractor construct cell towers up to 250 feet No, a cell construction of a cell tower up to 250 feet in 2005-029in height?height exceeds the scope of services of a buildingcontractor as defined by 489.105(3)(b)Petitioner asks the board whether Miccosukee and Seminole Therefore, the board hereby issues a declaratory2013-091Tribal members are exempt from licensure when contracting statement that Miccosukee and Seminole Tribalwith consumers off the reservation to build "chickee."members must be properly licensed for building a"chickee" not within the boundaries of the reservationTed Bickoff11/14/2011Is there a license requirement; services also include masonryrestoration, lining installations, cleaning, waterproofinig, andcoating applications on industrial chimneys, smokestacks,and similar structuresPetitioner asks the Board whether Construction Managementas a service the oversees the management of constructionactivities on a given project is the exclusive purview of alicensed contractor, or whether this service can be performedby an unlicensed individual or entity.A division I contractor's license is rquired to perform2010-006chimney work, with the correct license to the heightand type of the related structure, except where worksfalls within a division 2 licensePursuant to Section 489.105 (3), Florida Statutes, a2011-082license is required to contract to perform construction.Therefore, the Board hereby issues a declaratorystatement Construction Management as a service thatoversees the management of construction activities ona given project is the exclusive purview of a licensedcontractor. Further, construction management, asdescribed herein, cannot be performed by anunlicensed individual or entityGerard ChimneyCompany7/6/2010Paul Del Vecchio12/29/2011Purchased a computer aided residential drafting programcalled "softplan" and found out course was not acceptableBoard determined that petitioner was asking for a relief 2006-001from additional credit due since he had to retake a CEcourse that had already been credited for the renewalcycle. The board awarded the petitioner the additional7 credits.Christopher Paoli7/6/2006Gilly Developmentand Wesley PowerCity of Port St LucieBuilding Department5/23/20146/28/200512/26/2013

Contractor submitted drawings,specifications, plans forpermitting single and two-familydwellings.Petitioner asks the board (1) whether a contractor can submithis or her own site specific drawings, specifications, andplans for permitting single-family and two-family dwellings, orany other structure not exceeding 1,200 square feet or onstory in height without a licensed engineer or architectsigning and sealing the drawings, and (2) whether buildingofficials have basis to reject, other than for good cause, suchdrawings, specifications, or plans.Therefore, the board hereby issues a declaratory2014-015statement that: 1. A contractor can submit his or herown site specific drawings, specifications, and plans forpermitting single-family and two-family dwellings, orany other structure not exceeding 1,200 square feet orone story in height without a licensed engineer orarchitect signing the sealing the drawings. 2. Buildingofficials have no basis to reject, other than for goodcause, such drawings, specifications, or plans.Carl L JonesCooling TowersWhether the construction, installation and repair of EvapTech's cooling towers are considered and subject to thelicensing requirements.Petitioner asks the Board whether a license is required toinstall plastic baffle material for use in existing coolingtowers, including removal of approximately 20% of theoriginal cooling media.Requires a Class A or B air conditioning or mechanical 2005-034contractor's licenseEvap Tech, IncPursuant to section 489.105, Florida Statutes, a2011-090contractor is the person qualified and responsible toconstruct, repair, alter, remodel, add to, demolish,subtract from, or improve any building or structure.Therefore, the Board hereby issues a declaratorystatement that a contractor's license is required for theinstallation of plastic baffle material to an existingcooling tower as described in the petition.Jim Phelps, PhelpsEngineeringCompanyDrilling CompaniesIs there a license requirement when scope of work is toassist the General Contractor to excavate the roadway to atunnel; construct a zone of strenthened soil at the tunnelentry point, perform shallow soil mixing, stabilize soil, installtie down anchorsMalcolm Drilling9/22/2010Dryer Vent CleaningPetitioner asks the Board whether dryer vent cleaning,usingthe method described in his petition, requires a mechanicalcontractor's license.James R. Adams1/30/2