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Item R05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 17, 2013 Division: Growth Management Bulk Item: Yes ❑ No N Department: Building Staff Contact Person: Jerry Smith, Sr. Director/Building Official Phone: 453-8729 AGENDA ITEM WORDING: A public hearing to consider 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: Permission to advertise a public hearing was approved by the BOCC on June 19, 2013. 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 2 cw * '� 3 % ,7t- $ 4 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. -2013 9 10 AN ORDINANCE OF THE BOARD OF COUNTY 11 COMMISSIONERS OF MONROE COUNTY AMENDING 12 SECTION 6-237(a)(1) CLARIFYING THE METHOD IN 13 WHICH A CONTRACTOR'S CERTIFICATE OF COMPETENCY 14 MAY BE OBTAINED; PROVIDING FOR DEADLINES FOR 1s APPLICATIONS AND TESTS; PROVIDING FOR 16 SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL 17 ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR 18 FILING WITH THE DEPARTMENT OF STATE; AND 19 PROVIDING AN EFFECTIVE DATE. 20 21 WHEREAS, the Contractors' Examining Board (CEB) is the local construction regulation board 22 for Monroe County authorized by Florida Statutes Chapter 489 to regulate local contractors; and 23 24 WHEREAS, situations have arisen where extensive time has lapsed between when an applicant 25 submits an application and the applicant actually takes the required exam for a specific license by the 26 County,and the information in the application may have changed; and 27 28 WHEREAS, at the May 14, 2013 meeting of the CEB, the CEB approved the following text 29 amendments to Section 6-237(a)(1) of the Monroe County Code and recommended that these 30 amendments be forwarded to the Board of County Commissioners for consideration and adoption. 31 32 NOW,THEREFORE, BE IT ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE 33 COUNTY, FLORIDA: 34 35 [Proposed text changes are presented in StFikethFeu to indicate deletions and underline to 36 indicate additions] 37 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 applicants 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. Filinx 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 SECTION 6. Effective Date. 78 This Ordinance shall become effective as provided by law. 79 80 81 PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County, 82 Florida, at a regular meeting held on the 17th day of July. 2013. 83 84 Mayor George Neugent 85 Mayor Pro Tern Heather Carruthers 86 Commissioner Danny Kolhage 87 Commissioner David Rice 88 Commissioner Sylvia Murphy 89 90 91 92 BOARD OF COUNTY COMMISSIONERS 93 OF MONROE COUNTY, FLORIDA 94 95 96 97 By: 98 Mayor George Neugent 99 100 101 102 103 104 (SEAL) MONItgE COUNTYATTORNEY 105 ATTEST: AMY HEAVILIN, CLERK A OVED AS FORM: 106 7, W 107 STEVEN T.WILLIAMS 108 By: ASSISTANT COUNTY ATTORNEY Date c'/,p S//9 109 Deputy Clerk Page 3 of 3