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ENGROSSED HOUSE
BILL NO. 3338 By: Banning of the House
and
Logan of the Senate
An Act relating to professions and occupations;
creating the Swimming Pool Contractor Licensing Act;
authorizing the Construction Industries Board to
implement, administer, and enforce swimming pool
contractor licensure; defining terms; establishing
fees; providing for the adoption of necessary rules;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1025 of Title 59, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Swimming Pool
Contractor Licensing Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1025.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The Construction Industries Board is authorized and directed
to administer the swimming pool contractor provisions of the
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Swimming Pool Contractor Licensing Act and exercise all incidental
powers provided in the Construction Industries Board Act, Chapter
26A of Title 59 of the Oklahoma Statutes, that are necessary and
proper to implement and enforce the provisions of the Swimming Pool
Contractor Licensing Act and the rules promulgated pursuant thereto.
B. The Construction Industries Board shall have the authority
to administer and enforce the provisions of the Swimming Pool
Contractor Licensing Act in accordance with the powers set forth in
Chapter 26A of Title 59 of the Oklahoma Statutes, and specifically
Section 1000.4 of Title 59 of the Oklahoma Statutes, including, but
not limited to, the authority to make, prescribe, enforce, amend,
and repeal rules governing the licensure of swimming pool
contractors, which includes establishing minimum qualifications,
license categories and limitations, establishing fines and penalties
for violations, initiating disciplinary proceedings, and enforcing
the provisions of this act.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1025.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. As used in the Swimming Pool Contractor Licensing Act:
1. "Swimming pool" means a permanent in-ground spa or any
permanent in-ground structure intended for swimming; and
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2. "Swimming pool contractor" means an individual person who
offers to engage in, by advertisement or otherwise, or engages in
the installation of a permanent in-ground spa or swimming pool.
B. On or after the promulgation of regulations required
pursuant to subsection C of this section, no person shall build or
install a swimming pool unless such person holds a swimming pool
contractor license issued by the Construction Industries Board. A
swimming pool contractor license regulates the minimum occupational
qualifications of a person to perform swimming pool contractor work.
The swimming pool contractor license does not regulate swimming
pools, and the swimming pool contractor license shall not be used
duplicitously or used in place of or as a substitute for plan
review, installation standards and permitting requirements, or other
provisions for swimming pools that are regulated by other
governmental entities, political subdivisions, or authorities having
jurisdiction, as specifically provided for in Section 1-1022 of
Title 63 of the Oklahoma Statutes.
C. Not later than November 1, 2027, the Construction Industries
Board shall adopt regulations necessary, in accordance with Section
2 of this act, to implement the provisions of the Swimming Pool
Contractor Licensing Act including, but not limited to, establishing
the amount and type of experience, training, continuing education,
general liability insurance, compliance with workers' compensation
requirements, examination requirements for a person to obtain and
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renew a swimming pool contractor license, and defining categories
and limitations for such licenses.
D. A person licensed as a swimming pool contractor, pursuant to
the Swimming Pool Contractor Licensing Act, shall not perform
plumbing, electrical, or mechanical work that is outside the scope
of adopted industry standards for swimming pool work, is covered by
the state-adopted International Plumbing Code, NFPA 70,
International Fuel Gas Code, or International Residential Code,
involves a direct connection to a public water supply, sanitary
sewer, electrical service, or natural gas supply, or any plumbing,
electrical, or mechanical work requiring an Oklahoma plumbing,
electrical, or mechanical license, unless such person is licensed to
perform such work pursuant to the Plumbing License Law of 1955, the
Electrical License Act, or the Mechanical Licensing Act. Swimming
pool work does not require a plumbing license, shall be considered
part of swimming pool construction, and may be performed by a
licensed swimming pool contractor when the piping is associated
solely with a closed-loop swimming pool circulation system,
including piping between the pool vessel, circulation equipment, and
related components from a point or location in a source of potable
water supply at which point or location there exists a backflow
preventer, provided that the piping or piping system provides water
used exclusively for the swimming pool and is subject to a plan
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review, permitting, or building code inspection by the authority
having jurisdiction or the State Department of Health.
E. On and after the adoption of regulations required pursuant
to subsection C of this section, any person applying to the
Construction Industries Board for a swimming pool contractor license
shall be issued such license without examination upon demonstration
by the applicant of proof of experience and training equivalent to
the experience and training required to qualify for examination for
such license, have paid the application and license fees, and have
otherwise complied with the applicable requirements including
insurance, and disclosure of any suspension, revocation, or pending
disciplinary action of any other professional or occupational
license, if such applicant makes application to the Construction
Industries Board not later than November 1, 2027.
F. The application fee, initial fee, and renewal fee for a
swimming pool contractor license shall be the same as the fees for
plumbing, electrical, and mechanical contractors as set forth in
Section 1000.5 of Title 59 of the Oklahoma Statutes. The initial
licensure and fee shall be prorated by month to expire on the last
day of the birth month of the licensee. Subsequently, all licenses
shall be valid for a period of one (1) year and shall expire on the
last day of the birth month of the licensee.
G. All licenses shall be nontransferable. No person shall
engage or offer to engage in, by advertisement or otherwise, any
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swimming pool contractor work who does not possess a valid and
appropriate license from the Construction Industries Board. No
business entity shall act as a swimming pool contractor firm unless
a swimming pool contractor is associated with and responsible for
all swimming pool contractor work of such entity.
H. Complaints, violations, enforcement authority, procedures,
and fines and penalties shall be governed by Section 1000.4 of Title
59 of the Oklahoma Statutes and the Construction Industries Board
industry regulations fine schedule. A swimming pool contractor
licensee who is disciplined pursuant to Section 1-1013.2 or 1-1022
of Title 63 of the Oklahoma Statutes must immediately report it to
the Construction Industries Board for investigation for reciprocal
or independent disciplinary action.
I. Each license holder shall utilize a valid written contract
when engaging in the business of swimming pool contractor work with
a property owner, lessee, or property manager.
J. No unlicensed swimming pool contractor, or swimming pool
contractor who has not maintained licensure pursuant to this act,
shall bring or maintain any claim, action, suit, or proceeding in
any court of this state related to the person's business or capacity
as a swimming pool contractor without a valid swimming pool
contractor license, when required, continuously while performing the
work for which the claim, action, suit, or proceeding is sought, as
provided in the Swimming Pool Contractor Licensing Act.
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K. Any person may file a written duly verified complaint
alleging violations of the Swimming Pool Contractor Licensing Act.
Allegations involving fraud, larceny, or any act or failure to act
that would involve criminal misconduct are to be submitted directly
to the Office of the Attorney General or the local district attorney
for investigation and prosecution of any alleged criminal violation.
L. Any advance payment or deposit paid for future swimming pool
supplies, materials, or swimming pool contractor work to be
performed in the future in an amount more than Ten Thousand Dollars
($10,000.00) is presumed to be intentionally deceptive unless the
swimming pool contractor provides verifiable documentation
supporting the costs to be covered by the pre-payment amount.
M. The Construction Industries Board shall not have authority
to pursue restitution or provide civil remedies for violations of
this act, contract performance or failure to perform, or
workmanship. Allegations alleging a violation of the occupational
licensing provisions of the Swimming Pool Contractor Licensing Act
may be received by the Board and shall be on a complaint form
approved by the Board. The complaint shall set forth the alleged
act or omission and a statement of sufficient facts upon which a
reasonable person could conclude that the act or omission has been
committed. All complaints filed with the Board shall be subject to
the Open Records Act. Nothing in this section shall be construed to
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require the complainant to first file a complaint with the Board
before seeking relief or remedies allowed by law.
N. Licensing by reciprocity shall be in accordance with the
provisions of Section 1000.5a of Title 59 of the Oklahoma Statutes.
O. All fees, administrative fines, or payments of any type
received by the Construction Industries Board under the Swimming
Pool Contractor Licensing Act shall be deposited in a revolving fund
to be designated as the "Swimming Pool Contractor Revolving Fund"
and are hereby appropriated and may be expended by the Construction
Industries Board for the purpose of implementing, administering, and
enforcing the Swimming Pool Contractor Licensing Act and for
implementing programs designed to further the efficiency of the
swimming pool contractor profession and public understanding of the
profession. The fund shall be a continuing fund, not subject to
fiscal year limitations. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
SECTION 4. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate