Ordinance 023-2015ORDINANCE NO. 023 -2015
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTIONS 6 -32, 6 -198, 6- 237(1)(a), 6- 240(b),
6 -242, 6 -263 and 6- 201(e)(2), MONROE COUNTY
CONTRACTORS EXAMINING BOARD; PROVIDING
FOR WORKING THROUGH A STOP WORK ORDER;
PROVIDING FOR DEFINITIONS, PROVIDING FOR
APPLICATIONS; EXAMINATIONS; ISSUANCES OF
CONTRACTOR'S CERTIFICATE; PROVIDING FOR
FEES; PROVIDING FOR REQUEST FOR RENEWAL OR
REINSTATEMENT; PROVIDING FOR CREATED;
PROVIDING FOR PENALTIES; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Contractors' Examining Board (CEB) is the local construction regulation
board for Monroe County authorized by Florida Statutes Chapter 489 to regulate local contractors;
and
WHEREAS, numerous Monroe County Code of Ordinance ( "MCC ") provisions have over the
years, become outdated, obsolete, in conflict with more recently adopted ordinances, or superseded
by state law; and
WHEREAS, it is desired to update the Monroe County Code of Ordinances to correct the
above described deficiencies; now, therefore,
WHEREAS, at the August 8, 2015 meeting of the CEB, the CEB approved the following text
amendments and recommended that the following amendments be forwarded to the Board of
County Commissioners for consideration and adoption.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 6 -32 Working through a stop work order, MCC, is hereby amended to read:
If any person or entity is found by the contractors examining board to violate this chapter by
continuing to perform work subsequent to the issuance of a stop work order /red tag, the contractors'
examining board may take such action as it deems necessary and proper to cease such activity, up to,
Page 1
and including a six -month suspension of the permit pulling privileges of any contractor performing
such work.
Section 2. Sec. 6 -198 Definitions, MCC is hereby amended to read:
A.
(42) Welding specialty contractor is qualified to fabricate and install assembled accessories and
sections of structural and ornamental metals. The applicant will need to hold a valid certification by
the American Associations of Welders (AWS) or its equivalent prior to applying for a Monroe
County certificate of competency license. The AWS or its equivalent certification shall serve as the
applicant's minimum two -years of experience and must take the administrative examination.
B.
Master means any person who possesses the necessary qualifications, training and technical
knowledge to do, plan, lay out and supervise the work connected in his particular trade. He must
work for a qualified contractor, and hold a current certificate of competency indicating his
qualification, in order to work in his trade. All applicants for master shall be required to pass the
appropriate trade exam and to have had a minimum of six years' experience in the field, as
demonstrated to the satisfaction of the licensing board. All work shall be done under the direct
supervision of a contractor on all job sites. Masters are not contractors and therefore are prohibited
from holding himself as a contractor. Masters only take the administrative examination if they wish
to act in the capacity of a contractor.
5V
Journeyman. The term "journeyman" shall mean any person who possesses the required skills,
knowledge and experience, as evidenced by three years' proven experience in the trade or craft, as
demonstrated to the satisfaction of the licensing board, and who has passed the examination in his
particular trade or craft and possesses a valid certificate of competency as a journeyman in such
trade or craft. All work shall be done under the direct supervision of a contractor or master on all job
sites. Journeyman are not contractors and therefore are prohibited from holding himself as a
contractor.
Page 2
D. Add a section/category for sand set/brick pavers:
Sand Set / Brick Pavers specialty contractor is limited to preparing the base, providing for
proper drainage, and to selecting, cutting, and laying of interlocking brick pavers or its equivalent,
including but not limited to turf block or similar products used as exterior flooring. A Sand Set /
Brick Pavers contractor surfacing shall not pour or finish concrete, except that which is required for
the placing of the approved system.
E.
Asphalt sealcoating specialU contractor is qualified to coat an existing asphaltic paving
material with a sealer, which may be applied by squeegee, broom or mechanical applicator,
including incidental striping, pavement markings, and painted pavement signage, and to repair
deteriorated asphalt pavement through infrared technology or, up to a maximum of 100 square feet
of patch work on a site, by cold patch technology, with no increase in the foot print of the paved
area.
Section 3. Sec. 6- 237(1)(a) Applications; Examinations; Issuance of contractor's certificate,
MCC, is hereby amended to read:
(1) Any person required or desiring to be qualified shall make application on a form approved
by the contractors examining board and forwarded to the secretary for review of
completeness and accuracy. The secretary will ascertain that all indicated experience in the
various trades is fully documented. Completed applications will be reviewed by a quorum
of the board at a meeting prior to a scheduled examination. The building official or
designee shall notify the applicant of the date and time of the examination to obtain a
license for their desired discipline. If the applicant has not passed the required
examination(s) within the two year time frame, it is the applicant's responsibility to re-
apply to the contractors' examining board to review and re- approve.
Section 4. Sec. 6- 240(b) Fees, MCC, is hereby amended to read:
(b) The renewal fees shall cover two years, and the certificate of competency shall be issued
for two years. The renewal fees shall be due on October 1 of each odd - numbered year and
the certificate of competency shall expire on November 1 of that same year for non - payment.
The late renewal of an expired certificate of competency shall be allowed on or after
November 1 of each odd - numbered year, but prior to December 1 of that same year with a
penalty. The penalty shall be equal to the renewal fee. If renewal of the certificate of
competency has not occurred prior to December 1 of each odd - numbered year, then the
certificate of competency shall not be renewed or reinstated unless the certificate holder of
the certificate of competency files an application and pays the fee to the Monroe County
Page 3
Building Department within two years of the November 1 expiration date. The contractor
shall appear before the Contractors Examining Board for assessment of the appropriate
renewal fee, need for re- examination, and shows good cause to the contractors' examining
board for justification of renewal at a meeting of the contractors' examining board by vote of
its members. The contractors' examining board may take any action authorized in section 6-
242.
Section 5. Sec. 6 -242 Request for renewal or reinstatement, MCC, is hereby amended to read:
(a)
When the holder of a certificate of competency that has been revoked or suspended for any
reason, or expired for non - payment after the time prescribed in section 6 -240 wishes to renew
or reinstate the certificate of competency, the holder of the certificate of competency shall file
an application and pay the fee to the building department within two years of the expiration
date or revocation date or suspension date. The contractor shall appear before the Contractors
Examining Board for assessment of the appropriate renewal fee, need for re- examination, and
show good cause to the contractors' examining board for justification of renewal at a meeting
of the contractors examining board by vote of its members. The contractors' examining board
may:
(1)
Require complete reexamination before a certificate of competency is renewed or
reinstated; and /or
(2)
Require a payment up to all missed renewal and penalty fees; or
(3)
Deny the request for renewal or reinstatement.
(b)
A certificate of competency that has expired and is no longer issued by Monroe County may
not be renewed or reinstated unless the holder of the certificate of competency files an
application and pays the fee with the building department within two years of the expiration
date and shows good cause to the contractors' examining board for justification of renewal or
reinstatement at a meeting of the contractors' examining board by vote of its members. The
provisions listed in section 6 -242 (a)(1), (2) and (3) shall apply.
Section 6. Sec. 6 -263 Created. is hereby amended to read:
A contractors examining board is hereby created that shall consist of:
(1) One person holding an engineering contractor's license;
(2) One person holding a general / residential / building contractor's license;
(3) One person holding a plumber's contractor's license;
(4) One person holding an electrical contractor's license;
Page 4
(5) One person holding a mechanical /air conditioning contractor's license;
(6) Or, if a contractor from above disciplines is not found to be available or does not apply
then a contractor holding a swimming pool, roofing, marine or fire alarm license;
(7) Also, if a contractor from paragraphs 1 through 5 above is otherwise qualified and that
position is already filled, a second board member may be selected holding that contractor's
license. A maximum of two board members with the same license shall be permitted.
(8) Two persons, holding any of the foregoing qualifications and having previously served as
regular members of the contractors examining board shall be designated alternates to serve
at any regularly scheduled meeting of the contractors examining board only upon the
inability of a quorum to be met in the absence of the alternates; and
(9) Three persons who are not and have never been, engaged in any of the occupations for
which licensing is required under this chapter and who are not engaged in any related
profession.
(10) Allow certified contractors to serve on the contractors examining board so long as the
certified contractor has a principle place of business in Monroe County.
Section 7. Sec. 6- 201(e)(2) Penalties, MCC, is hereby amended to read:
If the enforcement of licensing board or designated special magistrate finds that a violation exists,
the enforcement or licensing board or designated special magistrate may order the violator to pay a
civil penalty of not less the amount set forth on the citation but not more than $2,500 per day for
each violation. In determining the amount of the penalty, the enforcement or licensing board or
designated special magistrate shall consider the following factors:
1. The gravity of the violations.
2. Any actions taken by the violator to correct the violation.
3. Any previous violations committed by the violator.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
meeting of the Board held on the 21st day of October , A.D., 2015.
Mayor Danny L. Kolhage YES
Mayor Pro Tern Heather Carruthers YES
Commissioner George Neugent YES
Commissioner David Rice YP.S
Commissioner Sylvia J. Murphy Y E. S—
Page 5
BOARD OF COUNTY COMMISSIONERS
OF M E COU_NT�Y, RI PA
BY:
DANNY L. KOLfrAGE, MAYOR
HEAVILIN, CLERK
CLERK
MONROE COUNTY ATTORNEY
P ROVED FORM:
, rf
S7Ev T. WILLIAMS
ASSISTANT CgUNTY ATTORNEY
Date _ W/
Page 6
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN TIZTN STATE OF FLORIDA
that on October 21,2015 at 1�//I juJ'
3:00 P.M.,or as soon COUNTY OF MONROE
thereafter as may be heard.in'HH'Newspaper,Est.1876
the Commission Chambers cations, LLC
located in the Marathon
Government Center,2798 Before the undersigned authority personally appeared Tommy Todd, who on
Overseas Highway,Marathon,
Monroe County,Florida.the )41 oath says that he is Advertising Director of the Key West Citizen, a daily
Board of County newspaper in KeyWest, in Monroe County, Florida;that the
Commissioners of Monroe 2-7777published >
County, Florida,intends to 9 attached copy of advertisement, being a legal notice in the matter of
consider the adoption of the 5-$025
following County ordinance: A `)\-1L02
O " 4 nrs,com w \T �4T' ). () 743-1---
AN ORDINANCE OF THE
BOARD OF COUNTY
COMMISSIONERS OF RING C 1 �}^ Ices ne CA t
MONROE COUNTY,FLORIDA r`� 11 1 r"l. w/J�1 M( �� I e S
AMENDING SECTIONS 6-32,
6-198,6-237(1)(a),6-240(b),6-
242,6-263 and 6-201(e)(2), was published in said newspaper in the issue(s)of
MONROE COUNTY
CONTRACTORS EXAMINING ('BOARD; PROVIDING FOR JL0-Q-AA L 23 l ? 0
WORKING THROUGH A /
STOP WORK ORDER; •
PROVIDING FOR
DEFINITIONS,PROVIDING =ss Affiant further says that the Key West Citizen is a newspaper published in
FOR APPLICATIONS; Key West, in said Monroe County, Florida and that the said newspaper has
EXAMINATIONS; ISSUANCES ^^^
OF CONTRACTOR'S participate in this proceeding, : continuously published in said Monroe County, Florida every
CERTIFICATE; PROVIDING please contact the County en entered as second-class mail matter at thepost office in Key
FEES; PROVIDING FOR Administrator's Office,by
REQUEST FOR RENEWAL phoning(305)292-4441, /Ionroe County, Florida, for a period of 1 year next preceding
OR REINSTATEMENT;MEAT; between the hourse 8 a.m. ition of the attached copyof adve - , •,- • affiant further
PROVIDING FOR CREATED; -5:00 p.m.,no later than five(5)
PROVIDING FOR PENALTIES; calendar days prior to the 3 neith- - ••'• - •romised • , person, firm or ci 1.oration any
PROVIDING FOR THE scheduled meeting;if you are
REPEAL OF ALL hearing or voice impaired,call Le, ,ommission or - • : for the purpose of •-curing this
ORDINANCES "711".
INCONSISTENT HEREWITH; For publication in the -: , newspaper.
PROVIDING FOR Dated at Key West, Florida,this -
INCORPORATION INTO THE 16th day of September, 2015. '
MONROE COUNTY CODE OF AMY HEAVILIN,
ORDINANCES;AND Clerk of the Circuit Court
PROVIDING AN EFFECTIVE and ex officio Clerk of the Board '111111111
DATE. .of County Commissioners of Signature of Affiant
Monroe County,Florida
Pursuant to Section
286.0105, Florida Statutes, September 23, 2015
notice is given that if a person . Key West Citizen
decides to appeal any decision scribed before me this 2_3 day of September, 2015
made by the Board with respect
to any matter considered at
such hearings or meetings. he
will need a record of the scorn
proceedings,and that,for such Notary Public: �� y f o DAWN KAWZINSKYUBLIC
purpose, he may need to yNOTARY PUBLIC
ensure that a verbatim record of f STATE OF FLORIDA
the proceedings is made,which t ?Comm#EE157233
record includes the testimony `�/1JlPr� ( 'NCE 191° Expires 1/4/2016
and evidence upon which the J _lJ ✓ /
appeal is to be based. `� /
ADA ASSISTANCE: If you
are a person with a disability Dawn Kawzinsky
who needs special accommodations in order to Expires: 1/4/16 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
' ---- F L O R I D A KEYS
KEYNOTER
Published Twice Weekly -
NANCES;AND PROVIDING
Marathon, Monroe County, Florida Ad#1981251 AN EFFECTIVE DATE.
NOTICE OF INTENTION TO Pursuant to Section 286.0105,
PROOF OF PUBLICATION CONSIDER ADOPTION OF Florida Statutes,notice is giv-
COUNTY ORDINANCE en that if a person decides to
NOTICE IS HEREBY GIVEN appeal any decision made by
the Board with respect to any
STATE OF FLORIDA TO WHOM IT MAY CON- matter considered at such
CERN that on October 21, hearings or meetings,he will
COUNTY OF MONROE 2015 at 3:00 P.M.,or as soon need a record of the proceed-
thereafterBefore the undersigned authoritypersonally as may be heard, ings,and that,for such
appeared RICHARD TAMBORRINO who on in the Commission Cham- .i pose,he may need to ensure
PPbers located in the Marathon that a verbatim record of the
oath, says that he is PUBLISHER of the Government Center, ` proceedings is made,which
FLORIDA KEYS KEYNOTER, a twice weekly 2798 Overseas Highway, i record includes the testimony
Marathon,Monroe County, 7, and evidence upon which the
newspaper published in Marathon, in Monroe Florida, the Board of County i appeal is to be based.
County, Florida: that the attached copy of Commissioners of Monroe
County, Florida,intends to 1 ADA ASSISTANCE:If you
advertisement was published in said consider the adoption of the
P are a person with a disability
newspaper in the issues of: (date(s) of following County ordinance: who needs special accom-
publication) AN ORDINANCE OF THE modations in order to partici-
pate in this proceeding,
�� ,� BOARD OF COUNTY COM- please contact the County
i' 71W/‘e'V 1 t/ MISSIONERS OF MONROE Administrator's Office,by
COUNTY,FLORIDA AMEND- phoning(305)292-4441,
ING SECTIONS 6-32,6-198, between the hours of 8:30
6-237(1)(a),6-240(b),6-242, a.m.-5:00 p.m.,no later than
6-263 and 6-201(e)(2),MON- five(5)calendar days prior
ROE COUNTY CONTRAC- to the scheduled meeting;
Affiant further says that the said FLORIDA TORS EXAMINING BOARD; if you are hearing or voice
KEYS KEYNOTER is a newspaper published at PROVIDING FOR WORKING impaired,call"711".
THROUGH A STOP WORK
Marathon, in said Monroe County, Florida, and ORDER; PROVIDING FOR Dated at Key West, Florida,
that the said newspaper has heretofore been DEFINITIONS, PROVIDING this 16th day of September,
Fcontinuously published in said Monroe County, AMINATIOR NS;
S; ISSUANCES
CEEX- 2015.
AMINATIONS; ISSUANCES
Florida, twice each week (on Wednesday and OF CONTRACTOR'S CERTIF- AMY HEAVILIN,Clerk of the
Saturday) and has been entered as a second ICATE;PROVIDING FOR Circuit Court and ex officio
FEES;PROVIDING FOR RE- Clerk of the Board of County
class mail matter at the post office in QUEST FOR RENEWAL OR Commissioners of Monroe
Marathon, in Monroe County, Florida, for a REINSTATEMENT; PROVID- County. Florida
PRO-
period of one ING FOR CREATED;year next preceding the first VIDING FOR PENALTIES; Published September 23,2015
publication of the attached copy of PROVIDING FOR THE RE- Florida Keys Keynoter
advertisement. The affiant further says that PEAL OF ALL ORDINANCES
he has neither paid nor promised any person, INCONSISTENT HEREWITH;
PROVIDING FOR INCORPO-
firm, or corporation any discount, rebate, RATION INTO THE MONROE
commission or refund for the purpose of COUNTY CODE OF ORDI- _
securing this advertisement for publication in CONTINUED IN NEXT COLUMN
the said newspaper(s) and that The Florida -
Keys Keynoter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal fficia Advertisements.
f4
Ric and Tar�iborrino, Publish/
Sworn to and subscribed before me this
0?3 Day of 4,-r-49-71 -t/ , 2015
A'free 1/1// r 1 1
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. THE REPORTER Ad#1981254 ADA ASSISTANCE: If you
' are a person with a disability
NOTICE OF INTENTION TO who needs special accom-
Published Weekly CONSIDER ADOPTION OF modations in order to partici-
Tavernier, Monroe County, COUNTY ORDINANCE pate in this proceeding,
y please contact the County
NOTICE IS HEREBY GIVEN , Administrator's Office,by
TO WHOM IT MAY CON- phoning(305)292-4441,
PROOF OF PUBLICATION CERN that on October 21, between the hours of 8:30
2015 at 3:00 P.M.,or as soon a.m.-5:00 p.m.,no later than
thereafter as may be heard, five(5)calendar days prior
in the Commission Cham- to the scheduled meeting;
STATE OF FLORIDA bers located in the Marathon if you are hearing or voice
COUNTY OF MONROE Government Center, impaired,call"711".
2798 Overseas Highway,
Before the undersigned authority personally Marathon,Monroe County, Dated at Key West,Florida,
appeared RICHARD TAMBORRINO who on Florida, the Board of County this 16th day of September,
Commissioners of Monroe 2015.
oath, says that he is PUBLISHER of THE County,Florida,intends to •
REPORTER, a weekly newspaper published in consider the adoption of the AMY HEAVILIN,Clerk of the
following County ordinance: Circuit Court and ex officio
Tavernier, in Monroe County, Florida: that the Clerk of the Board of County
attached copy of advertisement was published in AN ORDINANCE OF THE Commissioners of Monroe
said newspaper in the issues of: (date(s) of BOARD OF COUNTY COM- County, Florida
MISSIONERS OF MONROE
i'cation) COUNTY,FLORIDA AMEND-
Published September 25,2015
7k A / 2 ,^ // ING SECTIONS 6-320(b),6-198,4 The Reporter
FL
,f Ull� 6-237(1)(a),6-240(b),6-242, Tavernier, FL 33070
� J� 'V 6-263 and 6-201(e)(2),MON-
ROE COUNTY CONTRAC-
TORS EXAMINING BOARD;
PROVIDING FOR WORKING
THROUGH A STOP WORK
ORDER;PROVIDING FOR
Affiant further says that the said THE DEFINITIONS, PROVIDING
REPORTER is a newspaper published at FOR APPLICATIONS;EX-
AMINATIONS; ISSUANCES
Tavernier, in said Monroe County, Florida, and OF CONTRACTOR'S CERTIF-
that the said newspaper has heretofore been ICATE; PROVIDING FOR
continuously published in said Monroe County, FEES;PROVIDING F RE-
QUEST FOR RENEWAL OR
Florida, each week (on Friday) and has been REINSTATEMENT;PROVID-
entered as a second class mail matter at the ING FOR CREATED; PRO-
VIDINGES;
post office in Tavernier, in Monroe County, ROMFOR OR THE RE
Y PROVIDING FOR THE RE-
Florida, for a period of one year next preceding PEAL OF ALL ORDINANCES
the first publication of the attached copy of INCONSISTENTHEREWITH
-
advertisement. FOR INCORPO-
advertisement. The affiant further says that he RATION INTO THE MONROE
has neither paid nor promised any person, firm, COUNTY CODE OF ORDI-
NANCES;AND PROVIDING
or corporation any discount, rebate, commission AN EFFECTIVE DATE.
or refund for the purpose of securing this
105,
advertisement for publication in the said Pursuantlorida atto Section notice28 is Florida Statutes, giv-
newspaper(s) and that The THE REPORTER is en that if a person decides to
in full compliance with Chapter 50 of the Florida appeal any decision made by
thState Statutes on Legal and Official meter rd with respect to any
matter considered at such
Advertis:••: ts. hearings or meetings,he will
/, / f-
thatvkillneed a record of the proceed-
ings,and that,for such pur-
pose,he may need to ensure
a verbatim record of the
proceedings is made,which
Richard Tam orrino, Publisher record includes the testimony
and evidence upon which the
Sworn to and subscribed before me this appeal is to be based.
Day of �,� � / , 2015
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KEN DETZNER
Secretary of State
November 12, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 023 -2015, which was filed in this office on November
10, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.tl.us