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Item P03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 21, 2004 Division: County Attorney AGENDA ITEM WORDING: Approval to advertise An ordinance amending section 6-56, Monroe County Code, Buildirrgs and Construction in order to amend contractors certification requirements. ITEM BACKGROUND: Testing will no longer be available for certain categories of contractors. The County should terminate issuance of new licenses for such categories since the tests are the primary means of determining competency. The testing formats for other categories are changing and it is more efficient for the County to charge one fee regardless of the test for technical expertise. PREVIOUS RELEVANT BOCC ACTION: CONTRACT I AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval to advertise for ONE PUBLIC HEARING on February 18, 2004 in Key Largo. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: Revenue Producing: Amount Per Month - Year APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A DIVISION DIRECTOR APPROVAL(luk c::: 0'/0&./0'/ : ~ J. R. COLLINS DOCUMENTATION: Included x To Follow Not Required AGENDA ITEM # P3 " , ORDINANCE NO. - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 6-56, MONROE COUNTY CODE, BUILDINGS AND CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 6-56(1), Monroe County Code, is hereby amended to read: Engineering: (1) A Class I General engineering contractor may perform the following work: a. Construct foundations including the excavating, forming and placing of reinforcing steel and concrete and perform other incidental work thereto; and b. Other concrete and engineering work, including but not limited to, harbors, docks, excavating, filling and grading, drainage, pile driving, levees, pumping stations, and similar types of work in conjunction with water power, water control, waterworks and water supply, paving and sidewalks, curbs and gutters, streets and roads, bridges and overpasses and underpasses in streets, roads and public thoroughfares, underground sewage collection and disposal systems, bulkheading and underground utility line construction, both sanitary and storm sewer systems and similar work. Section 2. Sec. 6-56 Engineering (3), is hereby created to read: erson not reviousl certified as a Class I General En::7ineerin... or as Class II, Specialty Engineering Contractor in the subclasses pipeline, pile driving and foundation, seawall and small dock, fuel transmission and distribution line, and hYdraulic dredging, as of February 18, 2004, shall be certified as a Class I General Engineering or Class II Specialty EnQineerin~ Contractor after February 18. 2004. However. the Contractors Examinin... Board shall continue to certify and regulate those Class I and specified Class II Engineering Contractors who were certified on February . 2004. proYided that said engineering contractors maintain their certificates of competency in good standing pur~uant to this chapter and rules oromulgated hereunder. Section 3. Sec. 6-56 Engineering (3), is hereby renumbered as Sec. 6-56(4). Section 4. Sec. 6-56 is hereby amended by the deletion of Sheet metal contractor. Section 5. Sec. 6-56 Specialty Contractors, is hereby amended by the following' - deletions: Testing, except for administrative exams: Solar products The following list of specialty trades shall always require testing for purposes of licensure: gasoline tank and pump gunite and sandblasting house moving swimming pool servicing welding Section 6. Sec. 6-56, is hereby amended by adding after Specialty Contractors (41) the following: Commencing February 18, 2004. no person not oreviously certified as a specialty contractor in the following soecialty list as of February 18. 2004. shall be certified in the following specialty list after February 18. 2004. However. the Contractors Examining Board shall continue to certify and regulate those contractors who continue to maintain their certificates of competency in good standing pursuant to this chapter and rules promulgated hereunder the following specialty trades: gasoline tank and oumo solar products welding gunite and sandblasting swimming pool servicing house moving thatched structure Section 7. Sec. 6-62 Reciprocity is hereby amended to read as follows: Every person who, under the terms of this article, is required to hold a certificate of competency, and who has written proof from the City of Key West, Florida, Building Department, or other county or municipality in the State of Florida, stating that the applicant has scored a minimum grade of seventy (70) percent on an independent examination agency which is designated by the Contractors Examining Board may. upon payment of a $25 application fee. seek a reciprocal certificate of competency to be qualified to conduct construction in Monroe County. Examination corresponding and equivalent to any examination required for an existing category licensed under this chapter and proctored by the examination agency shall be entitled to a certificate of competency without examination; but such certificate shall be subject to any restrictions and limitations carried by the current county certificate and shall entitle the holder of such certificate to do business only in the unincorporated areas of the county. The equivalency of the examinations shall be determined by the Contractors Examining Board. All prerequisites, other than testing, for a certificate of competency shall be met prior to issuance of a reciprocal certificate. The terms of this section apply solely to reciprocity with such counties and municipalities providing reciprocity to contractors who hold a certificate of competency issued by Monroe County. the examinations must be been conducted for the licensure by the particular county or municipality with which Monroe County has a reciprocal agreement. Section 8. Sec. 6-63 Fees is hereby amended to read: (a) The board shall recommend to the Board of County Commissioners reasonable fees to be paid for application, examination, certification and renewal, and recordmaking and recordkeeping. Effective October 1, 1993, the fees shall be established as follows: General Contractor Building Contractor Residential Contractor Engineering Contractor I Engineering Contractor II Engineering Contractor III Mechanical, Plumbing and Electrical Contractors All other Contractors, including Specialty Trades Master (Plumbing, Electrical and Mechanical) Journeyman (Plumbing, Electrical and Mechanical) Apprentice Examination Fees: Administr~ti',(c Business and Law Exam All Three Hour Technical Exams All Six Hour Exams $200.00 150.00 150.00 200.00 150.00 150.00 150.00 150.00 100.00 70.00 30.00 35.00 75.00 55.00 155.00 150.00 The renewal fees shall cover two (2) years, and the certificate of competency shall be issued for two (2) years. The renewal fees shall be due on October 1 of each odd-numbered year and shall be delinquent on November 1 of that same year. The penalty for late renewal on or after November 1 of each odd- numbered year, but prior to the expiration of twelve (12) months thereafter, shall be forty dollars ($40.00). Upon expiration of one (1) year more after October 31 of the year when the renewal fee is due, the contractor shall appear before the Contractors Examining Board for assessment of the appropriate renewal fee and need for reexamination pursuant to section 6-65. Should an initial certificate of competency be issued subsequent to October of any odd-numbered year and prior to October 1 of the next odd-numbered year, the fees listed above shall be prorated on the basis of quarterly, or six- month, increments of the two-year license period. Reduction of fees for certifications issued for period of less than two (2) years shall be as follows: Periods October 2, odd year, to April 1, even year April 2, even year, to October 1, even year October 2, even year to April 1, odd year April 2, odd year, to October 1, odd year Reduction of Fee 0% 25% 50% 75% (b) Honorary certificates shall be issued without charge to any person over sixty (60) years of age providing that said person holds any of the abovesaid licenses in the county. Thereafter, said person will not be permitted to engage in business without first paying all renewal fees necessary to make said license current. Section 9. Sec. 6-65 Reexamination may be required for renewal or reinstatement is hereby amended to read: g} Where a certificate of competency has been revoked or has expired or lapsed for any reason, the board: (1) May require complete reexamination before a certificate of competency is renewed or reinstated. (2) Require a fee of five hundred dollars ($500.00) or a fee equal to five (5) years of renewal fees in the certificate holder's particular category, whichever is less. (3) After five (5) years of a certificate of competency being lapsed, the applicant shall be reexamined. b) Where a certificate of competency is no longer issued for a trade other than contractors who have continuously maintained their certificate of competency in good standing, a contractor shall not be permitted to reinstate an exoired, revoked, or lapsed certificate. Section 10. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity . Section 11. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 12. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 13. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of 2004. Mayor Nelson Mayor Pro Tem Rice Commissioner McCoy Commissioner Neugent Commissioner Speh,.ar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson Deputy Clerk jordCEBCertified