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Item G14Meeting Date: Bulk Item: Staff Contact Person: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY June 19, 2013 Yes ® No ❑ Division: Growth Management Department: Building Jerry Smith, Sr. Director / Building Official Phone: 453-8729 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider the adoption of a County Ordinance amending Monroe County Code, Chapter 6, Section 6-237(a)(1) clarifying the method in which a contractor's Certificate of Competency may be obtained; and providing deadlines for an applicant to take and pass all required examination(s) for his/her desired discipline. ITEM BACKGROUND: At its May 14, 2013 meeting, the Contractors' Examining Board (CEB) approved the text amendments reflected in the proposed Ordinance clarifying that an applicant has two (2) years from the date the Certificate of Competency application is approved by the CEB to take and pass all required examination(s) required for their license, and further clarifying that the application will expire one (1) year after CEB approval if the required test(s) and examination(s) have not been taken within that year. In such a case, it is the applicant's responsibility to submit a new updated application packet for the CEB to review and re -approve. The applicant would then have one (1) year following successful completion of all required test(s) and examination(s) to obtain the license, or re -test. The CEB is recommending consideration and adoption of these text amendments by the Board of County Commissioners. PREVIOUS RELEVANT BOCC ACTION: On June 18th, 2003, the Board of County Commissioners adopted Ordinance 024-2003 amending Section 6-237(1)-(3) CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $ N/A INDIRECT COST: $ BUDGETED: Yes ❑ No ❑ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $ SOURCE OF FUNDS: $ REVENUE PRODUCING: Yes ❑ No ❑ AMOUNT PER MONTH Year APPROVED BY: County Attorney: OMB/Purchasing: ❑ Risk Management: ❑ DOCUMENTATION: Included: ❑ Not Required: ❑ DISPOSITION: AGENDA ITEM #: Revised 7/09 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. -2013 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY AMENDING SECTION 6-237(a)(1) CLARIFYING THE METHOD IN WHICH A CONTRACTOR'S CERTIFICATE OF COMPETENCY MAY BE OBTAINED; PROVIDING FOR DEADLINES FOR APPLICATIONS AND TESTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; 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, situations have arisen where extensive time has lapsed between when an applicant submits an application and the applicant actually takes the required exam for a specific license by the County, and the information in the application may have changed; and WHEREAS, at the June 18, 2013 meeting of the CEB, the CEB approved the following text amendments to Section 6-237(a)(1) of the Monroe County Code and recommended that these amendments be forwarded to the Board of County Commissioners for consideration and adoption. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: [Proposed text changes are presented in stfikethFGUto indicate deletions and underline to indicate additions] Page 1 of 3 38 SECTION 1. Section 6-237(a)(1) of the Monroe County Code is amended to read as follows: 39 Sec. 6-237. - Application; examination; issuance of contractor's certificate. 40 (a) A contractor's certificate of competency shall be obtained in the following manner: 41 (1) Any person required or desiring to be qualified shall make application on a form 42 approved by the contractors examining board and forwarded to the secretary for review 43 of completeness and accuracy. The secretary will ascertain that all indicated experience 44 in the various trades is fully documented. Completed applications will be reviewed by a 45 quorum of the board at a meeting prior to a scheduled examination. The building official 46 shall notify the applicant of the date and time of the examination. 47 48 Applicant has two (2) years from the date the application is approved by Contractors' 49 Examining Board to take and pass all required examination(s) for their desired discipline. 50 Application will expire one (1) year from date of approval by the Contractors' Examining 51 Board If the applicant has not passed the required examination(s) within the one (1) 52 year time frame it is the applicant's responsibility to submit a new updated application 53 packet for the Contractors' Examining Board to review and re -approve. The applicant 54 will then have one (1) year after successful completion of test(s) to obtain the license. or 55 re -test. 56 57 58 SECTION 2. Severability 59 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged 60 by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, 61 or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, 62 paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which 63 such judgment or decree shall be rendered. 64 65 SECTION 3. Conflicting Provisions 66 In the case of direct conflict between any provision of this ordinance, and a portion or provision of any 67 appropriate federal, state, or county law, rule, code or regulation, the more restrictive shall apply. 68 69 SECTION 4. Filing 70 This Ordinance shall be filed with the Department of State. 71 72 SECTION S. Inclusion in the Monroe County Code. 73 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the 74 County of Monroe, Florida, as an amendment thereto, and shall be appropriately renumbered to 75 conform to the uniform marking system of the Code. 76 Page 2 of 3 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 SECTION 6. Effective Date. This Ordinance shall become effective as provided by law. PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19th day of June, 2013. Mayor George Neugent Mayor Pro Tem Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) ATTEST: AMY HEAVILIN, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor George Neugent MONROE COUNTY ATTORNEY Page 3 of 3