FSPA News
Florida Pool Pro - January 2007
Select from the links below to review the current topics from Florida Pool Pro.
January 2007
Florida 2007 Pool & Spa Show - Everything Under The Sun (sm)
Florida Building Code Supplement Now Effective
APSP hires code experts
Pool & Spa Safety Act fails to pass before Congress adjourns in 2006
Builders’ Council Chairman encourages you to get involved
Insurance Information
Compliance Corner
Florida Board of Professional Engineers Update
Florida 2007 Pool & Spa Show - Everything Under The Sun (sm)
Join us for the annual exhibition and education event for the pool industry. Whether you are a builder, service tech, manufacturer, office manager or one of the numerous other positions in the swimming pool trade, there is something for you at the Florida Pool & Spa Show.
The Show includes more than 250 exhibiting vendors demonstrating their newest products and latest technology. It is a forum where ideas are shared through over 70 individual educational courses. It is a marketplace where deals are made, new products discovered and lasting relationships are formed among industry members.
Where else do you have the opportunity to meet the manufacturers of the products you use every day?
Cash is King at the 2007 Show! A total of $5,300 in cash will be awarded to attendees on Friday and Saturday. The only way to win is to complete an entry form and be in the exhibit hall when your name is drawn. The first drawing will be at 11:30 a.m. on Friday for $100. The cash awards increase throughout the day and end with $1,000 drawing at 5:00 p.m. on Friday and a $1,500 drawing at 3:00 p.m. on Saturday.
The CE courses are designed to be an interactive learning experience drawing on participants’ experience as well as the course presenters’ knowledge. Whether you need credits for your license or just want to learn about a particular aspect of running a business, there is a course for you. The education courses and trade Show are excellent places to bring your employees to give them a deeper understanding and experience of our industry.
Hands-on training sessions are new in 2007. Ten manufacturers will present seminars on their products inside the exhibit hall. The variety of courses includes Glass Mosaic Tile Installation by Dal Tile, AquaLink RS Operation by Jandy as well as five courses in the Hayward Mobile Training Center. See the registration booklet for a complete list of hands-on courses and descriptions. These product specific courses are free to attend, but you must register in advance.
For many, the Design Awards offer a look at what is possible when you consider the swimming pool as an art form. Join us on Thursday evening, February 22 at the Rosen Plaza Hotel for the annual Kick-Off Celebration and Awards Reception - a FREE event.
The annual Florida Pool Prosm Classic Golf Tournament provides a fun, competitive day full of prizes and challenges while supporting the FSPA scholarship program. The tournament will be held at The Reserve at Orange Lake, a new venue for the event. The tournament fills up quickly so be sure to register your foursome with FSPA early. This new location is not one to miss!
Our annual Friday Night Bash will be held at Race Rock Supercharged Restaurant. Just a few blocks from the Rosen Plaza Hotel on International Drive, Race Rock is an excellent place to let it all hang out and party with your peers and their families. There will entertainment for everyone including games and music inside and two outdoor tents, one with a live band the other with a cigar and martini bar. Just as every year, it promises to be a world-class party with awesome food and entertainment for only $25 per person. Transportation will be provided from the official Show hotels throughout the night.
The Show is a “once a year” opportunity to bring home value that will further the professionalism you want your business to present to your customers.
When you look through the Show program guide, try to identify people in your organization or subcontractors who could benefit from the different courses offered. You will be amazed at how they will respond to the opportunity to participate at a higher level.
If you did not receive a registration packet in the mail, please call the FSPA office at (941) 952-9293. Or, visit www.FloridaPoolShow.com for course listings and event information.
Florida Building Code Supplement Now Effective
FBC 2006 Supplement [click for link to supplement]
With the exception of the new definition of the panhandle wind-borne debris region, which will go into effect March 8, 2007, the effective date of the 2006 Supplement to the 2004 Edition of the Florida Building Code was December 8, 2006. Building permit applications submitted on or after that date should demonstrate compliance with the 2006 Supplement to the 2004 Florida Building Code.
The FBC 2006 Supplement included the adoption, by reference, of the 2005 National Electrical Code. The 2005 NEC includes new requirements for an equipotential bonding grid, see section 680.26(C) of the 2005 NEC. There has been some confusion on how this bonding grid requirement is to be implemented. FSPA, in conjunction with APSP, continues to work towards clarification regarding this bonding grid language. FSPA has been in communication with Florida Building Code staff, the Building Officials Association of Florida, and the National Fire Protection Association and will continue to work with these organizations in order to provide our members with the relief they seek.
Along with the 2005 NEC code that went into effect, the FBC 2006 revisions included two additional changes that applied to the pool industry:
Overhead service wiring must now comply with the currently adopted NEC NFPA 70, see 424.1.4.2.4 of FBC.
Performance requirements for water heating equipment, found in Table 13-412.1.ABC.3, have been changed. All heat pump pool heaters are now required to have a minimum COP of 4.0 at low air temperature and they must be tested in accordance with ARI 1160.
FBC 2007 Code Modifications [click for link to code]
Code modifications had to be submitted to the FBC by January 1, 2007. FSPA submitted 23 modifications that were approved by a number of pool industry members at a final public building code meeting held December 13, 2006. Modifications included adding the approved ANSI/APSP 7 Standard under the conformance standards sited in the code and removing the current entrapment language. The modifications submitted by FSPA, as well as all modifications submitted by the deadline, can be reviewed online (visit www.floridapoolpro.com for link).
The FBC will have its next meeting in Tampa, February 4, 5, and 6. It is yet to be determined whether or not the Plumbing TAC will be meeting at the February meeting, but FSPA has requested the that they meet in order to officially present the ANSI/APSP 7 Standard to its members. This will give the TAC members time to digest the new Standard and hopefully see the merit in adding it to the code. The Plumbing TAC will be reviewing all submitted modifications in March, which will include the modification to reference ANSI/APSP 7 into the code. It will be imperative to get FSPA member support in front of the Plumbing TAC at this March meeting.
APSP has hired two people to help with the current 2006/2007 ICC Code Development Cycle. Lorraine Ross, of INTECH Consulting in Gulfport, Florida will be heading up the effort, but will work with Jack Glenn, Technical Services Director for the Florida Home Builders Association. FSPA and NESPA staff provided recommendations and took part in the interview process.
Ms. Ross has been involved in all aspects of the building products industry including building code development and compliance and testing laboratory experience. She is noted for her skill in the development of successful strategies that provide responsible, common sense, reality based responses to the regulatory pressures placed on the construction industry.
Mr. Glenn is a former building code official, having worked in Brevard County for 21 years. In 1998 he joined the Florida Home Builders Association as their “code guru.” Mr. Glenn has expertise in writing and interpreting code language, and has been actively involved in Florida’s building code development.
Ms. Ross and Mr. Glenn will work with APSP to provide public comments to the ICC by the January 24 deadline, as well as take part in the final action hearings in Rochester, NY in May 2007.
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Pool & Spa Safety Act fails to pass before Congress adjourns in 2006
The Pool and Spa Safety Act passed the Senate by unanimous consent late into the evening on December 6 and came close to passing the House as well. But, it died in the early hours of Saturday morning, December 9, just prior to Congress adjourning for 2006. Senator George Allen (VA-R) and Representative Debbie Wasserman Schultz (FL-D) had each sponsored their own Pool and Spa Safety Act bill this year. It was Senator Allen’s bill that passed the Senate and came within 9 votes of getting through the House.
Each Congress expires at the end of a two-year session. Bills that do not pass; therefore, die. Therefore, if there is to be another Pool and Spa Safety Act, somebody in the House or Senate must introduce it, in whatever form, in the new Congress that will convene in January.
Furthermore, with the Democrats taking control of both the House and Senate, there will be different agendas and different leadership in both Chambers. The environment will be quite different. Senator Allen, (who was defeated in re-election) representing the fundamental limited regulatory stance of conservative Republicans, worked with APSP to fashion a responsible bill that the pool industry could fully support. APSP, with insight from its Regions and Affiliates, will be deciding what approach as an industry we should take with regard to future legislation.
It is noteworthy that in a recent Washington Post article, highlighting “up and comers” in the new Democratic Leadership in the House, Congresswoman Wasserman Schultz of Florida was prominently mentioned, having been given a party leadership position by incoming Speaker Nancy Pelosi. Therefore, she will have an enhanced position to advance her interests.
The pool industry should assume that her interest in a safety bill remains, likely in a more restrictive form than the bill that just died. It will be important for FSPA to work with APSP in its pursuit to be actively involved in working with Congress if a safety bill is filed again in 2007.
Builders’ Council Chairman encourages you to get involved
As pool builders, we run across issues in the field we must make conscious decisions that will enable us to build a product that we are proud of and, more importantly, a product that will last for years. What we seem to forget is that we must also focus our attention on a state and national level to keep abreast of issues, (codes and Standards), that could affect our businesses monetarily and change our construction methods. Sometimes these changes are for the good of our industry and sometimes they are very detrimental.
Recently, Ken Gregory, a builder from the Orlando area, a member of the FBC Plumbing TAC, and a friend of our industry, traveled throughout the state helping builders make modifications to the building code for the upcoming code cycle. During this process Ken traveled hundreds of miles, explaining the code process and showing us how to voice our concerns with regard to the present code language, and how to put forth changes that will help us as builders. We held our last code modifications meeting on December 13 in Orlando; the turnout was exceptional and good to see. It was a very spirited meeting with much discussion.
I applaud Ken for his dedication to this industry and urge you as builders to thank him for his efforts. Without people like Ken our industry would suffer greatly. The final modifications that will be presented to the Florida Building Commission will be sent out to the members in the near future.
The National Electric Code 2005 edition has gone into effect as of December 8. There are several changes that affect our industry and have caused a lot of confusion and hardship throughout our state. The equipotential bonding grid, (680.26), has caused the greatest amount of concern, many municipalities throughout the state have issued statements as to how they will enforce this code, and it seems each area has a different opinion as to how to enforce this Standard. The FSPA Builders’ Council has been working diligently with building officials and code officials across the trying to get consensus. The Builders’ Council will file a declaratory statement with the state asking for a clarification. As business owners and contractors, we need to check with our local building officials to see how they are going to enforce the NEC 2005 Standard.
Lastly, I implore you as a contractor to get involved with your local FSPA Chapter and ask what you can do. We can accomplish whatever we want if we do it as a unified group; a group that really wants to have a say when it comes to our businesses and issues that affect our businesses.
Many thanks to Jennifer Hatfield, our new government relations staff member in Sarasota, for her leadership and dedication in all of these areas.
By Bill Hodgkins, Insurance by Ken Brown, Inc.
A very common question that is asked of insurance agents centers on what is the appropriate limit of liability insurance (whether general or automobile) a business should carry. While that may seem like an easy question, the answer is anything but easy. The reason it is so difficult is simply because there is no “magical” limit that a business should carry. There is no way to determine how much that potential future claim is going to cost. Sometimes businesses go through their entire life cycle and never have a major claim, but many, at some point or another, experience that one major claim. It’s the type of claim that gets your name in the local newspaper, but for all the wrong reasons. It can be a child entrapment lawsuit. It could be a freak accident that burns down a $1,000,000+ mansion. It could be the dump truck that skids on a slippery road that plows through a car full of kids. The point is you never really know what lies ahead for you and your business.
Oftentimes, business owners select limits of insurance that meet a certain minimum requirement; whether that requirement is set by the County, project developer, or condominium association. They select the bare minimum because it’s all that is required to wok on that particular project or get awarded that large maintenance contract. Oftentimes though, those limits are too low to properly protect you from that big claim and you won’t even know it before it’s too late.
So what should you do? You should never select the “minimum” insurance limits. Those limits are often too low to cover a large claim. Another strong consideration of any business owner should be the purchase of an umbrella policy. These polices can give your business an extra $1,000,000+ of coverage over your general liability policy, commercial automobile policy, and over the employers liability portion of your workers compensation policy. Lastly, your insurance limits should be enough to let you sleep easy at night. If, after talking to your attorney and your insurance agent, you can sleep soundly at night because you feel you have adequate limits of insurance to cover most potential claims, then you are on the right path. Notice though that I said “most” claims. I said that because as I mentioned earlier, there is no 100% certainty about the future cost of any claim. For more information about liability limits, talk to your insurance agent.
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By David Rivers, CMO Enterprises
Following up from last month’s topic, the DOT’s drug and Alcohol program calls for educational materials to be provided to each driver. Like just about everything else the DOT requires us to do, each component of a program has its own requirements that must be followed. A lot of times, it’s the details of a program that result in non-compliance.
In order to satisfy the requirement of educational materials, you do not have to have a formal training program. There is nothing wrong in performing a formal training class given the magnitude of severity of drug and alcohol abuse, but you simply need to understand the requirement and satisfy the rules. At a minimum, when you hire a driver, you must give him information regarding awareness of drug and alcohol use and abuse, a copy of your drug and alcohol policy and get a signed receipt from the driver acknowledging that you provided the information.
The Drug and Alcohol Program, including the written policy and educational materials is reviewed by DOT on every audit and failure to implement the program and its individual detailed components is not given any latitude even on first time audits. It is a simple program to comply with, but sometimes the simplicity is viewed as unimportant.
You can get a lot of information and helpful hints from DOT’s web site at www.fmcsa.dot.gov and www.dot.gov. The section of the regulations that cover the program is 382.
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Florida Board of Professional Engineers Update
Florida Board of Professional Engineers v. The Pool People
An administrative case was filed in 2005 by the FBPE against a pool contractor and a licensed engineer the contractor used to review, sign and seal pool plans upon which permits were obtained. The board charged the pool contractor with unlicensed practice of engineering, because it was directly contracting engineering services for the benefit of its customers, and charged the engineer with aiding and abetting unlicensed activities.
The final administrative hearing was held in these two cases on October 5, and a “recommended order” states that these charges be dismissed, based on the judge’s “conclusion of law” that the pool contractor was not engaged in the unlicensed practice of engineering. It’s now up to the FBPE to accept, reject or accept with changes, this “recommendation.”
Any further actions on this case are not expected until the engineering board’s January meeting. FSPA will monitor the status of this case, as it may have a bearing on future legislative actions FSPA may choose to take.
Aluminum Structures Design Manuals Task Force
In April 2006, the FBPE issued a condemnation of the use of Aluminum Engineering Design Manuals stating they intended to investigate and charge any engineer who continued to provide a manual after May 31, 2006. This would have required site-specific designs, including pool screen enclosures.
The April 2006 allegations stemmed from a Port St. Lucie building official who described problems with aluminum structures resulting from hurricanes. However, he did not provide proof of problems that resulted from the use of Aluminum Design Manuals. At the engineering board’s June 6, 2006 meeting, testimony from Fred Dudley, representing FSPA, as well as testimony from representatives of the Alliance of Florida Contractors, encouraged the board to rescind the condemnation and refer the issue to rule-making. The board set up an Aluminum Structures Design Manual Task Force to determine if rules were needed.
The Task Force met and heard testimony on the master filing system in September and then met again in November to finalize its recommendation. At this meeting, the Alliance of Florida Contractors was not permitted to present a proposed rule that would provide additional regulation but not eliminate the use of master filing for aluminum structures.
At the FBPE December 6 meeting the Task Force presented its findings, which included a proposed rule that would eliminate master filing for aluminum structures. The board voted to approve the proposed rule but must also provide an additional notice of rule development in the Florida Administrative Weekly.
Once the notice is published, anyone can request a workshop on the rule, but the board does not have to grant the request. However, the board must grant any request for a public hearing. Having to complete the notice requirements and perhaps hold a public hearing will slow down the rule’s implementation and bring us closer to the 2007 legislative session.
FSPA hopes to work with other construction related industries towards a legislative fix that would deal with the master filing issue, as well as the unauthorized practice of engineering.
