Tankinetics, Inc.; The Notice of Petition for Declaratory Statement was published in Vol. 34, No. 39, of the September 26, 2008, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on October 10, ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Construction Industry Licensing Board

The Construction Industry Licensing Board hereby gives notice of the issuance of an Order regarding the Petition for Declaratory Statement for Tankinetics, Inc. The Notice of Petition for Declaratory Statement was published in Vol. 34, No. 39, of the September 26, 2008, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on October 10, 2008. The petition requested the Board’s interpretation of Sections 489.103(6), 489.105, 489.115(1) and 489.133(5)(a), Florida Statutes, and whether the Petitioner is generally exempt from construction industry licensing requirements pursuant to Section 489.103(6), Florida Statutes, for its manufacture, assembly, and erection of prefabricated, fiberglass, above-ground storage tanks for industrial application, and/or that Petitioner is not acting as a “contractor” as defined by Section 489.105(3), Florida Statutes, and/or that the assembly and installation of the pre-fabricated tanks do not require any license in any category under Section 489.105(3)(a)-(q) or 489.133(5)(a), Florida Statutes.

The Board’s Order, filed on December 4, 2008, answers the Petition for Declaratory Statement. The activities described are exempt from Chapter 489, Part 1, Florida Statutes, pursuant to Section 489.103(6), Florida Statutes. A contractor’s license is not required for the delivery of construction equipment and materials when the items are fabricated off-site and delivered to the site, including the related placement and assembly of the items at the site as explained above, provided such assembly does not fall within the scope of services of any licensed contractor, as described in Chapter 489, Part 1, Florida Statutes.

A copy of the Board’s Order may be obtained by contacting: G. W. Harrell, Executive Director, Construction Industry Licensing Board, P. O. Box 5257, Tallahassee, Florida 32314-5257.