Item R7 �s R.7
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County �� � .�� �y,+ ' �, "tr BOARD OF COUNTY COMMISSIONERS
�a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: R.7
Agenda Item Summary #8168
BULK ITEM: Yes DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Reynaldo Ortiz (305) 453-8814
1:30 PM PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider an Ordinance Amending Monroe
County Code Chapter 6 "Building and Construction", Article III "Construction Industry", Division 2
"Requests for renewal or reinstatement" to allow administrative license renewals and/or
reinstatements during which time the Board is not meeting so contractors may proceed with
permitted work prior to CEB approval; Providing for Severability; Providing for the Repeal of
Conflicting Provisions; Providing for Inclusion in the Monroe County Code; Providing for the
Transmittal to the Department of State; and Providing for an Effective Date.
ITEM BACKGROUND:
Monroe County has existing regulations as it relates to request of renewal or reinstatement of a
certificate of competency (COC) that has been revoked or suspended for any reason, or expired for
non-payment after the time prescribed in section 6-240.
Per Monroe County Code (MCC) 6-237(7), the initial application requires action by the Contractors
Examining Board (CEB). Renewals may be issued by the Building Official, or his designee.
MCC 6-242 provides that if the license was (1) revoked or suspended for any reason or (2) expired
for non-payment after the time prescribed in section 6-240 that the renewal or reinstatement requires
the contractor to appear before the CEB.
The Contractors Examining Board is a volunteer board and that meets at regular intervals. At times,
due to circumstances beyond its control or a matter of timing, the CEB is unable assess the
circumstances of the expired COC and would inadvertently delay a decision to the next available
CEB meeting. During unforeseen circumstances, like Hurricane Irma and COVID, the CEB has
directed County Staff to "approve" license renewals and/or reinstatements during which time the
Board is not meeting so contractors do not lose work (unless they have any outstanding late fees,
fines, or violations), with a caveat that they will be placed on the next available CEB agenda for
approval. Any delay in reinstatement or renewal may cause hardship to the both the license holder
and the property owner. The CEB has made a formal motion to request the BOCC to allow COC
renewals and/or reinstatements to be administratively approved by the Building Official or his
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designee.
If MCC 6-242 is amended, staff would be able to proactively initiate "administrative reinstatement"
of expired COC pending final approval by the CEB.
At a regular meeting held on January 5, 2021, the CEB discussed administrative reinstatements for
expired COC licenses.
At the March 9, 2021 CEB meeting, the CEB approved a draft ordinance to modify MCC 6-242 to
allow the Building Official, or his designee, to issue a conditional renewal or reinstatement to the
applicant prior to his appearance before the Contractors Examining Board. Any such reinstatement
or renewal shall be conditioned on the applicant's appearance at the next regularly scheduled
Contractors Examining Board meeting, or as soon as practical.
PREVIOUS RELEVANT BOCC ACTION:
The Contractors Examining Board (CEB) was created on December 9, 1975 by Ordinance 016-1975
and is provided for under MC Code Sec 6-263 - 6-270. This board was put in place to interpret and
make rules and regulations; to hear public complaints and code compliance violations.
On April 21, 2021 the BOCC approved advertisement of this proposed ordinance.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
MCC 6-242 CEB Administrative update (Revised)
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: n/a If yes, amount:
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Grant: n/a
County Match: n/a
Insurance Required: No
Additional Details:
N/A
REVIEWED BY:
Paunece Scull Completed 05/03/2021 8:20 AM
Maria Partington Completed 05/03/2021 9:11 AM
Reynaldo Ortiz Completed 05/03/2021 10:17 AM
Rick Griffin Completed 05/03/2021 10:23 AM
Assistant County Administrator Christine Hurley Completed
05/03/2021 10:42 AM
Purchasing Completed 05/03/2021 10:43 AM
Budget and Finance Completed 05/03/2021 12:02 PM
Maria Slavik Completed 05/03/2021 12:26 PM
Liz Yongue Completed 05/03/2021 4:40 PM
Board of County Commissioners Pending 05/19/2021 9:00 AM
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R.7.a
ORDINANCE NO. -2021
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 6-242, REQUEST FOR RENEWAL _
OR REINSTATEMENT, IN ORDER TO ALLOW `V
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ADMINISTRATIVE RENEWALS TO BE APPROVED BY
THE BUILDING OFFICIAL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 8, 1975 ,the Board of County Commissioners (BOCC) enacted
Ordinance No. 16-1975, which created the Contractors Examining Board (CEB); and
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WHEREAS, Monroe County Code Sec. 6-242, Requests for renewal or reinstatement,
provides in part that a contractor seeking renewal or reinstatement is required to appear before the
CEB; and =a
WHEREAS, the CEB holds its meetings bi-monthly; and
c
WHEREAS, sometimes CEB meetings cannot be held as scheduled due to events outside
of the board's control; and
WHEREAS, the CEB and the County do not want to prevent a certificate holder or
contractor the ability to work once eligible for reinstatement or renewal; and
WHEREAS, the CEB seeks to allow the Building Official to grant a conditional
reinstatement or renewal prior the certificate holder or contractor appearing before the CEB; and
WHEREAS, such conditional reinstatement or renewal will require the applicant to appear
before the CEB for final approval; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA AS FOLLOWS:
Section 1: Section 6-242, Requests for renewal or reinstatement, shall be amended
to read as follows:
(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 the certificate of
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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
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members. The contractors examining board may:
(1) Require a 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 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 tis members. The
provisions listed in section 6-242(a)(1),(2) and(3) shall apply.
(c) Nothing in this section shall prohibit the Building Official, or his designee, from issuing a
conditional renewal or reinstatement to the applicant prior to his appearance before the
contractors examining board. Any such reinstatement or renewal shall be conditioned on =�
the applicant's appearance at the next regularly scheduled CEB meeting, or as soon as
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practical. et
Section 2: SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person,property or circumstances,such holding shall not affect its applicability
to any other person,property or circumstances. r-
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Section 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of State and shall be effective as provided in Section 125.66(2), Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board on the 17th day of March, 2021.
Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates 'a
Commissioner Eddie Martinez ca
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Commissioner Mike Forster
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
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