Ordinance 003-1983ORDINANCE NO. 003-1983
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
THE CODE OF ORDINANCES, CHAPTER 6, BUILDINGS AND
CONSTRUCTION, ARTICLE III, CONTRACTORS, SUB-
CONTRACTORS, MASTERS, JOURNEYMEN AND MAINTENANCE
PERSONNEL, BY ADDING A NEW SECTION CONTAINING
EXEMPTIONS THEREFROM; AMENDING THE DEFINITION OF
CLASS C AIR CONDITIONING CONTRACTOR; PROVIDING
REQUIREMENTS FOR RENEWAL OF CLASS C AIR CONDITIONING
CONTRACTORS CERTIFICATES OF COMPETENCY; PROVIDING
FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. That the Code of Ordinances of Monroe County, Florida,
Chapter 6, entitled Buildings and Construction, Article III, entitled
Contractors, Subcontractors, Masters, Journeymen, and Maintenance
Personnel, shall be amended by adding thereto a new section to be
identified as Section 6-55. Exemptions. As follows:
"Section 6-55. Exemptions
This Article does not apply to:
(1) Contractors in work on bridges, roads, streets,
highways, railroads, or utilities and services
incidental thereto.
(2) Any employee of a licensee who is a subordinate
of such licensee if the employee does not hold him-
self out for hire or engage in contracting except as
an employee.
(3) An authorized employee of the United States,
this state, or any municipality, county, or other
political subdivision if the employee does not hold
himself out for hire or otherwise engage in contracting
except in accordance with his employment.
(4) An officer appointed by a court when he is acting
within the scope of his office as defined by law or
court order. When construction projects which were
not underway at the time of appointment of the officer
are undertaken, the officer shall employ or contract
with a licensee.
(5) Public utilities on construction, maintenance,
and development work performed by their employees,
which work is incidental to their business.
(6) The sale or installation of any finished
products, materials, or articles of merchandise
which are not fabricated into and do not become
a permanent fixed part of the structure, except
for in -ground or above -ground swimming pools
with a capacity in excess of 500 gallons.
(7) Owners of property building or improving farm
outbuildings or one -family or two-family residences
on such property for the occupancy or use of such
owners and not offered for sale, or building or
improving commercial buildings at a cost of under
$25,000 on such property for the occupancy or use
of such owners and not offered for sale or lease.
In all actions brought under this act, proof of
the sale or lease, or offering for sale or lease,
of more than one such structure by the owner -builder
within 1 year after completion of same is presumptive
evidence that the construction was undertaken for
purposes of sale or lease.
(8) Any construction, alteration, improvement, or
repair carried on within the limits of any site the
title to which is in the United States or with respect
to which federal law supersedes this act.
(9) Any work or operation of a casual, minor, or
inconsequential nature in which the aggregate contract
price for labor, materials, and all other items is
less than $1,000, but this exemption does not apply:
(a) If the construction, repair, remodeling, or
improvement is a part of a larger or major operation,
whether undertaken by the same or a different
contractor, or in which a division of the operation
is made in contracts of amounts less than $500 for
the purpose of evading this act or otherwise.
(b) To a person who advertises that he is a
contractor or otherwise represents that he is
qualified to engage in contracting.
(10)(a) Any construction or operation incidental
to the construction or repair of irrigation and
drainage ditches;
(b) Regularly constituted irrigation districts,
reclamation districts; or
(c) Clearing or other work on the land in rural
districts for fire prevention purposes or otherwise
except when performed by a licensee.
(11) A registered architect, engineer, or residential
designer acting in his professional capacity or any
person exempted by the law regulating architects and
engineers.
(12) Any person who only furnishes materials or
supplies without fabricating them into, or
consuming them in the performance of, the work of
the contractor.
(13) Any person who is licensed under Chapter 527.
(14) Any person who sells, services, or installs
heating or air conditioning units which have a
capacity no greater than 3 tons or 36,000 Btu and
which have no ducts."
Section 2. That Section 6-62. Entitled Same -Holders of Prior
Certificates. Shall be renumbered as subparagraph (a) of Section 6-62.
Section 3. That Section 6-62 entitled Same -Holders of Prior
Certificates, of the Code of Ordinance of Monroe County, Florida,
shall be amended by adding thereto the following subsection (b),
as follows:
"(b) Every holder of a Class C Air Conditioning
Contractor Certificate of Competency issued prior
to the effective date of this Ordinance, in order
to annually renew the said Certificate of Competency
shall meet the requirements of Section 6-S9 herein,
regarding application, examination and issuance of
a Contractors Certificate of Competency."
Section 4. The enactment of this Ordinance shall repeal any
inconsistent portions of the existing Code of Ordinances of Monroe
County, Florida, which are in conflict therewith.
Section 5. Should one or more portions of this Ordinance be
found to be unconstitutional or unenforceable, it shall not affect
the remaining sections of this Ordinance.
Section 6. This Ordinance shall be codified and incorporated
into the Code of Ordinances of Monroe County, Florida.
Section 7. This Ordinance shall take effect immediately upon
adoption and filing with the Secretary of State of Florida.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Xf
"j I
By
Mayo C airman
(SEAL)
�
P R fi.9W FQ■ rm a 7
Attest:
��t..a �� s�• n'�iWro.�W�
Clerk
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday,
February 4, 1983, at 10:00 A.M. at the Marathon Sub -courthouse,
Marathon, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption of
the following County Ordinance:
ORDINANCE NO. -1983
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
THE CODE OF ORDINANCES, CHAPTER 6, BUILDINGS AND
CONSTRUCTION, ARTICLE III, CONTRACTORS, SUB-
CONTRACTORS, MASTERS, JOURNEYMAN AND MAINTENANCE
PERSONNEL, BY ADDING A NEW SECTION CONTAINING
EXEMPTIONS THEREFROM; AMENDING THE DEFINITION OF
CLASS C AIR CONTITIONING CONTRACTOR; PROVIDING
REQUIREMENTS FOR RENEWAL OF CLASS C AIR CONTITIONING
CONTRACTORS CERTIFICATES OF COMPETENCY; PROVIDING
FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
DATED at Key West, Florida, this 3rd day of January, A.D. 1983.
(SEAL)
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Flori a,
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
°A
PROOF OF PUBLICATION
BO
STATE OF FLORIDA )
COUNTY OF MONROE )
ft
SERVING THE UPPER KEYS
X 1197, TAVERNIER, FL. 33070
Before the undersigned authority personally appeared W. B. WOLFF
who on oath, says that he is MITno 'Q- PUBLISHER
mrrcm�arrva
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF NOTME OF INT€ 1T-14l Tn r9nl819E_
in the Court, was published.in said
newspaper in the issues of 1-13 & 1-20-83
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore be
continuously published in the said Monroe County, Flor
each week (on Thursday), and has been entered as secon F
class mail matter at the Post Office in Tavernier, in
County of Monroe, Florida, for a period of one year ne`,
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has nee
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose;
securing this said advertisement for publication in they
said newspaper. a
SEAL 21ST
SWORN TO Alj SUBSCRIBED -,BEFORE ME THIS
7AY OF JA UARY A.D. ,19 83 .
�AI�Y,<
NC. 'ARV PUBLIC STATE Of FLORWAA,
MY COMMISSION EXP I RES'i `-.MY COMMISSION EXFIIt1:S Cie
,D0N'DcD -iiRU GENE'.AL INS. McauLwai
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
i
NOTIGF IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday,
ebruary 4, 1983, at 10:00 A.M. at the Marathon Sub -courthouse, Marathon,
Monroe CAfity, Florida, the Board of County Commissioners of Monroe Gounty,
Florida, intends to consider the adoption of the following County Ordinance:
ORDINANCE NO. 1983 -
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING THE
CODE OF ORDINANCES, CHAPTER 6, BUILDINGS AND CONSTRUCTION,
ARTICLE' III, CONTRACTORS, SUB -CONTRACTORS, MASTERS,
JOURNEYMAND AND MAINTENANCE PERSONNEL, BY ADDING A NEW
MCTTON CONTAINING EXEMPTIONS THEREFROM, AMENDING THE
DEFINITION OF CLASS C-p IR CONDITIONING CONTRACTOR; PROVIDINC
REQUIREMENTS FOR RENEWAL OF CLASS C AIR CONDITIONING
CONTRACTORS CERTIFICATES OF COMPETENCY; PROVIDING FOR
SEVERABILITY,CODIFICATION AND AN EFFECTIVE DATE.
DATED at Key West, Florida, this 3rd day of January, A.D.1983.
RALPH W,WHITE
Clerk of the Cirt'uit Court
of Monroe Count;, Florida,
and ex officio'Clerk of the Board of County Commissioner:
of Monroe Counts, F7ori&
Published:1113 & 1120l83 - 1
The Reporter
Tavernier, FL 33010
•PROOF OF PUBLIC=
M
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared Judith E . P r o u 1 X , who on oath, says
that he is Office 'Manager of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a Notion of Intention Adopt Ordinance
IN THE MATTER OF Code of. Ordinances , Contractors in the
newspaper in the issues of
January .1.3 , 2.0 ,. 1 983
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously
published in said Monroe County, Florida, each week (on Thursday) and has been entered as second
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, com-
mission or refund for the purpose of securingthis advertisement for publication in the said newspaper.
(SEAL?
SWORN TO `A SUBSCRIBED BEFORE ME THIS
DAY"AF A.D. 19-.eL3
NOTARY PUBLIC STATE OF FLORIDA AT L R� ]C
MY COMMISSION FXPIRES SCPT 28 198
Court, was published in said
e7FCUN Y�GRJIN NGE
K LYM W. ` I t
Clerk o the Circuit Court
of Monroe Count �o rldra,
of the�oar�of
COuniv Commissioners of
Monroe County,
Florida'
'ppublishen. �e201993
;.lorida eysynoter —
OF THE Sr�r
4P
w n
ih GOO w 6 t PSG
FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
March 21, 1983
Honorable Ralph W. White
Clerk of Circuit Court
500 Whitehead Street
Key West, Florida 33040
Attention: Ms. Virginia M. Pinder
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
NK/
1. Receipt of your letter/s of March 18
and certified copy/ies of
County Ordinance/s No./s
Monroe
2. Receipt of County Ordinance/s
relative to:
(a) .
which we have numbered
(b)
which we have numbered
3. We have filed this/these Ordinance/s in this office
on March 21, _ 1983.
4. The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
Cordially,
Mrs. Nancy Kava gh
Chief, Bureau of Laws
FLORIDA-State of the Arts