Arizona House committee leaves protections for pool buyers intact

PHOENIX — A 2002 law designed to protect homeowners from fly-by-night pool contractors will remain in place after pool builders rallied against the proposal that was part of Gov. Doug Ducey’s push to repeal unneeded regulations.

The House Commerce Committee on Tuesday stripped Senate Bill 1116 of the provision repealing a requirement that pool builders collect money in stages as work is completed. The panel also rejected a proposal that would have kept the addresses of remodeling and repair contractors secret even if they worked out of their homes.

The pool industry was taken aback by the proposal and said they had not been consulted by the state agency proposing the change, the Registrar of Contractors. Pool builders pushed for the 2002 law requiring payment schedules after homeowners across metro Phoenix were ripped off by fly-by-night companies that never completed their pools.

“Keep in mind how many people that this bill saved by protecting those people,” said Kevin Rondeau, who owns Rondo Pools. “In reality the payment schedule that’s in place is extremely fair.”

He said the costs builders incur as they dig a pool, install plumbing, pour concrete and install equipment align with the payments, protecting both builders and homeowners.

“It’s a good payment schedule, it’s fair for all and I think it’s important to stay,” Rondeau told the committee.

A Registrar of Contractors spokesman said the state agency that licenses and oversees the building industry believed the regulation was unneeded.

But the agency apparently never asked the pool industry or researched why the law was in place. After an Associated Press story highlighted the law following unanimous Senate passage last month, the industry rallied to stop it.

“Obviously the right hand didn’t talk to the left hand on it,” said Republican state Rep. T.J. Shope, of Coolidge, who said he heard from contractors and cities and counties after the AP story was published.

“I’m pretty confident that since we’ve heard from those folks who appreciate this regulation to keep the bad actors from doing what they do that we’ll get this amendment on, get it out of the House ... and it will be on the governor’s desk in a couple weeks.”

The original proposal did three things that affected consumers: It repealed the pool building payment schedule, removed a requirement that the agency suspend the license of a repair and remodeling contractor that doesn’t have workers’ compensation insurance and shielded the email and home addresses and phone numbers of those small contractors from the public unless state regulators believe disclosure is needed.

The Commerce Committee approved the amended measure on a 9-0 vote and it now moves to the full House for consideration.