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Ordinance 012-1973 ORDINN~CE #12-1973 AN ORDINANCE REQUIRING CONTRACTORS, SUB-CONTRACTORS, MASTERS, JOURNEYMEN AND MAINTENANCE PERSONNEL TO OBTAIN A CERTIFICATE OF COHPETENCY PRIOR TO EN- GAGING IN BUSINESS IN i'IONROE COUNTY, FLORIDA; DEFINING THE OCCUPATIONS AND TRADES COVERED BY THIS ACT; SETTING FORTH THE METHOD OF OBTAINING A CERTIFICATE OF COMPETENCY; CREATING AN EXAMINING BOARD; PROVIDING FOR EXAMINATION FEES AND RENEWAL FEES; REQUIRING SAID APPLICANTS TO PASS SAID EXMHNATIONS BEFORE THE ISSUANCE OF SAID CERTIFI CATES OF COMPETENCY; PROVIDING FOR THE METHOD OF APPOINT- ~1ENT OF SAID EXAMINING BOARD BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA; SETTING FORTH THEIR TEm,IS OF OFFICE, ORGANIZATION, FUNCTIONS, POWERS AND DUTIES; EXEMPTING CERTAIN PERSONS FROf1 THE PROVISIONS OF THIS ORDINANCE; CREATING AN EX- AMINERS MEDITATION BOARD AND DEFnHNG ITS FUNCTIONS, POWERS AND DUTIES; AUTHORIZING DISCIPLINARY PROCEEDINGS FOR VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE SUSPENSION OR RE- VOCATION OF CERTIFICATES OF COMPETENCY ISSUED IIEREUNDER; MAKING CERTAIN ACTS UNLAWFUL; GIVING JURISDICTION OF VIOLATIONS OF TIlE PROVISIONS OF TIllS ORDINANCE TO THE COUNTY COURT IN AND FOR MONROE COUNTY, FLORIDA. REPEALING ALL LAWS OR PARTS OF LAWS, WHETHER GENERAL, SPECIAL OR LOCAL, IN CON- FLICT WITH THIS ORDINANCE TO TIlE EXTENT OF SUCH CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY TilE COlUTY cmnnSSIO;,\J OF !'lONROE COUNTY, FLORIDA: Section 1. General: For the purpose of the administration and enforceIilent of this Ordinance, and unless otherwise stated in this Ordinance, the following words shall have the meanings indicated herein. Words used in the present tense shall include the future tense; \vords used in the singular number shall include the plural number shall include the singular number. The word "shall" is manJatory; the word "may" is permissive. Section 2. It shall be unlawful for any person or firm to engage in the business or act in the capacity of a contractor, sub-contractor, master, journeyman, or main- tenance personnel, as hereinafter defined, anywhere witnin the unincorporated areas of this county without a current valid certificate of competency issued by the county examin- ing board having jurisdiction over the several trades con- cerned. 1 Section 3. Definitions: (A) "Firm shall include a sole proprietorship, partnership, corporation, aSSOCIa- tion or any other type of business organization. (B) "Contractor" is any person, firm or corporation who engages in any business under an express or implied contract in any of the trades hereinafter listed. (C) "Subcontractor" is one who contracts with a contractor to perform part or all of the latter's work. (D) "Engage in Business" shall mean doing a trade for any owner or any tenant of land or of a building or of any part thereof, or for any person, firm or corpora- tion in possession or in charge of the same or any part thereof, or entering into a contract with any such owner, tenant, person, firm or corporation for the doing of a trade. (E) "Trade" shall include but shall not be limited to plumbing; electrical work; plastering, construction, repair or removal of buildings, and any other dimilar oc- cupation connected with the construction industry. (F) "Building Contractor" is any contractor who undertakes, or offers to undertake, or purports to have the capacity to undertake or submits a bid or does him- self or by or through others, to construct, alter, repaIr, add to, subtract from, improve, move, wreck, or demolish any building or other structure, to excavate, to commence any project, development or improvement or do any part thereof including the erection of scaffolding, or any other structures or works in connection therewith or the incorporation of labor or material therein. (G) "General Contractor" is a contractor whose con- struction work involves two (2) or more building trades or crafts, who has financial means to undertake the work and the knowledge gained by not less than ten (10) years experience either as a superintendent for a general con- 2 • tractor or as a licensed building contractor for such period (or has had an educational equivalent thereto) or in any combination thereof, and has satisfactorily passed a general contractor's examination, and has shown that his scope of operation should be unlimited as to the height and complexity of design of the construction he undertakes . A General Contractor shall not be limited in the scope of work he undertakes and he may contract and take out permits for any and all work or trades con- nected with the construction industry, except that in those trades for which a "Master" is required he shall sub-contract with a qualified contractor holding a cur- rent Certificate of Competency in that field. (H) "Sub-general Contractor" is a contractor whose construction work involves tow (2) or more building trades or crafts , who has financial means to undertake the work and the knowledge gained by not less than five (5) years experience as a superintendent for a general contractor or a building contractor or has been a licensed sub-building contractor for such period or has had the educational equiva- lent thereto , or in any combination thereof, and has satis- factorily passed a Sub-General Contractors ' examination and, thus , has shown that his scope of operation should be per- mitted for the construction or alteration of buildings of not more than two stories in height , but this proviso shall not prohibit him from engaging in the construction of a structure of a greater height when he acts as a sub-contractor under the supervision or responsibility of a general contrac- tor. (I) "Sub-Building"Contractor" is a contractor whose construction work involves the use of two (2) or more building trades or crafts , who has financial means to undertake the work and has the knowledge gained by five (5) years experience as a superintendent for a general contractor or a building contractor (or has had experience 7 In construction work or an educational equivalent thereto), or in any combination thereof and has satisfactorily passed a Sub-building Contractor's examination, and thus has shown that he is qualified to engage in the business of a begin- ning contractor in the construction of a simple one (1) story design with load bearing walls which does not requIre more advanced technical knowledge, and in the case of com- mercial or industrial structures or buildings which shall not exceed 1500 squre feet. (J) "Specialty Contractor" is a contractor whose operations consist of the performance of construction work requiring special skills and whose principal contracting business involves the use of specialized building trades and crafts, usually a minor part of the complete structure. Specialty contractors shall be classified as, but not limited to, one of the following crafts: Awning Erection Cabinet and Millwork Cement and Concrete Demolition Elevators Fence Erectors Flooring Glazing Gunite and Sandblasting House Moving Insulating Masonry Painting Plastering Roofing Roof Waterproofing Sign Erection Sheet Metal Steel Reinforcing and Iron Structural Steel Erection Swimming Pools (Construction Only) Termite Treating Tile, Marble and Terrazzo (K) "Engineering Contractor" (1) Class I - General Engineering Contractor is a contractor who does work such as, but not limited: to harbors, docks, excavating, filling and grading, drainage, pile driving, levees, pumping stations, and similar types of work in con- junction with water power, water control, waterworks and water supply, paving and sidewalks, curbs and gutters, streets and roads, bridges and overpasses and under passes in streets, roads and public thoroughfares, underground sewage collection and disposal systems, bu1kheading and underground utility line construction, both sanitary and storm sewer systems and similar work. 4 A Class I general engineering contractor may perform the work of any or all Class II specialty engineering con- tractor specialties and also that of a class III sub- engineering contractor. (2) Class II - specialty engineering contractor is an engineer contractor, under the jurisdiction of the Monroe county examining board, who specializes in one or more of the following engineering crafts and whose scope of work is so limited under his certificate of competency. His principal contracting business is the execution of contracts, in some instances sub-contracts, and possibly involving two or more trades requiring the experience, financial means, knowledge and skill, as herein set forth, to engage in the business of the particular engineering specialty con- cerned in such a manner as to comply with all plans, specifications, codes, laws and regulations applicable. A specialty engineering contractor (class II) may con- tract for and take out permi~s for any and all work or trades connected with his present project or with the construction industry, except that in those trades for which a "master" is specifically required, he shall sub- contract with a qualified contractor holding a current certificate of competency in that field. All permits for soakage pits, dry wells, catch basins and connection pipes or filled property shall be secured from the proper authority and installations made in accordance with the southern standard building code. (a) A pipeline engineering contractor is an engineering contractor qualified by the experience and skill gained by not less than five years as a general superintendent for a general engineering contractor or pipeline engineering contractor or education equivalent ther-to, or a combination thereof and certified to excavate, construct, install, repair or alter pipe lines, such as water and gas transmission and distribution lines, storm and sanitary sewerage lines, force mains, outfalls, and pumping facilities incidental to the collection or 5 installation of pIpe line products including the equipment and piping installation and placing within a structure which is constructed for the purpose of pumping or processing such pipe line products. A pipeline engineering contractor may construct or install junction boxes, manholes, inlets, valves, and similar components, in such amanner as to comply with all plans, specifications, codes, laws and regulations applicable. The work of the pipeline engineering con- tractor shall be considered to stop at a point five (5) feet from a building not specifically constructed for the purpose of pumping or processing pipe line products. (b) A seawall and small dock engineering contractor is an engineering contractor, having the experience and skill gained by not less than three years as a general superintendent for an engineering contractor or education equivalent thereto, or a combination thereof, and qualified and certified to construct seawalls and small docks. A seawall and small dock engineering contractor may drive piling for one story building construction, seawalls and small docks. (c) A pile driving and foundation engineering con- tractor having the experience and skill gained by not less than three years as a general superintendent for a general building or general engineering contractor or education equivalent thereto, or a combination thereof, and qualified and certified to drive piling including sheet piling and construct foundations including the excavating, form- ing and placing of reinforcing steel and concrete and perform other work incidental thereto. (d) A paving engineering contractor is an engineer- ing contractor having the experience and skill gained by not less than three years as a general superintendent for an engineering contractor or education equivalent thereto h or a combination thereof, and qualified and certified to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, property line walls, asphalt paving, concrete paving, and to perform the excavating, clearing and grading incidental thereto. A paving engineer- ing contractor may not excavate for canals and lakes, or construct storm drainage facilities. (e) A concrete-work engineering contractor is an engineering contractor, having the experience and skill gained by not less than three years as general superinten- dent for a business or engineering contractor, or education equivalent thereto, or a combination thereof, and qualified certified to construct concrete driveways, sidewalks, curbs and gutters and related non-structural concrete com- ponents. (f) An excavating and grading engineering contractor 1S an engineering contractor, qualified by the experience and skill gained by not less than three years as a general superintendent for an engineering contractor or education equivalent thereto, or a combination thereof, and qualified and certified to make excavations, to obtain or remove materials such as rock, gravel or sand, to construct or excavate canals, lakes, levees, roadways, including land clearing, filling and grading. An excavating and grad- ing engineering contractor may do the work of a land clearing and grubbing contractor. (g) A fuel transmission and distribution line engineering contractor is an engineering contractor, having the experience and skill gained by not less than three years experience in this field or education equivalent thereto, or a combination thereof, qualified and certified to excavate for and construct, alter, repair and maintain transmission and distribution lines for liquid or gaseous fuels under pressure in welded pipes, including pumping and booster stations, valves, meters and similar components incidental thereto and restoration of pavement. 7 The scope of work of a fuel transmission and dis- tribution line engineering contractor shall be considered to stop at the metering device. (h) A hydraulic dredging engineering contractor is an engineering contractor having the experience in this field or education equivalent thereto or a combination thereof, qualified and certified to make submarine excavations, to to remove from under water locations, materials such as rock, gravel, silt, mud, marl or clav, to excavate canals, channels, lakes, borrow areas, to construct fills, embankments or stock- piles, using floating hydraulic dredging equipment. (i) Equipment rental engineering contractor is an engineering contractor whose primary business is the rental and operation of equipment but who may engage ln hoisting, excavating, pile driving and demolition work using boom- type equipment provided he is not the prime or general contractor for the work and is working as a sub-contractor to a contractor who has a certificate of competency applicable to the work to be performed, and is defined as an engineer- ing qualified by the experience and skill gained by not less than three years as a general superintendent for a general building or general engineering contractor, or education equivalent thereto, or a combination thereof, and qualified and certified to use boom-type equipment in the driving of piling, including sheet piling, in the making of excava- tions, in the demolition of buildings and other structures, in the hoisting, lifting and moving of any object or piece of equipment. (3) Class III - sub-engineering contractor. (a) A land clearing and grubbing engineering con- tractor is an engineering contractor having the experience and skill gained by not less than one year as a general superintendent for an engineering contractor or education equivalent thereto, or a combination thereof, and qualified and certified to clear land of surface debris and vege- tation growth, including the grubbing of roots, the removal of the debris therefrom and the general leveling of the 8 surface thereinafter and work incidental thereto. A class III engineering contractor may take out permits for work falling within his particular specialty or specialties except in those trades for which a master is specifically required; he shall subcontract with a qualified con- tractor holding a current certificate of competency in that field. All permits for soakage pits, dry wells, catch basins, and connection pipes or filled property shall be secured from the proper authority and installation made ln accordance with the sourthern standard building code. (L) "Plumbing Contractor" is a contractor who main- tains, repairs, alters or extends part or all of a plumbing, septic tank, lvell, swimming pool or solar heating system under the direct supervision of a Master Plumber. This work may include installation of water, and sewer lines on private and public property and for the mechanical installa- tion within sub-station and plants, and a plumbing contractor may contract therefor and will be issued permits for such work by the administrative agency concerned. He may ex- cavate as an incident to his work. A Specialty Contractor Swimming Pool Piping may, without other certificate, install residential swimming pool piping unconnected with a sewer or residential plumbing and may be issued a certificate without examination upon satisfactory proof of not less than two (2) years' experience in such work. un "Septic Tank Contractor" is a contractor who does any work involving the construction, cleaning, repair, alteration or extension of a septic tank or laundry waste treatment system and all appurtenances, apparatus or equip- ment used in connection therewith. (N) "Well Drilling Contractor" is a contractor who operates a well drilling machine, apparatus or appliance in the drilling of water or drainage wells or who is en- gaged in the installation, maintenance and repair of pump- ing and piping incidental to a private swimming pool, not 9 • • ,. under the regulation of the State Board of Health, and hav- ing a closed system not connected to a water supply used for human consumption. (0) "Liquefied Petroleum Gas Installation Contractor" is a contractor who does work on any premises or in any building or structure requiring the installation, maintenance, repair, alteration or extension of piping or tubing , equipment , or appliances utilizing undiluted liquefied petroleum gas or propane-air gas , or who furnishes the undiluted liquefied petroleum gas or propane-air gas to the consumer and main- tains the gas mains , lines , laterals , tanks , regulators , meters , and other paraphernalia in connection therewith. (P) "Electrical Contractor" is a contractor doing work on any premises or in any building or structure re- quiring the installation, repair, alteration, addition or changes to any system of electrical wiring, apparatus or equipment for light , heat or power , and who is , or who em- ploys , a supervising master electrician at all times . This work may include all electrical installations for which he holds a Certificate of Competency on private and public prop- erty and within sub-stations and plants , and an electrical contractor may contract therefor and will be issued permits for such work by the administrative agency concerned. (R) "Mechanical Contractor" is a contractor doing work on any premises or in any building or structure requiring the installation, repair, alteration, addition or change to any system of refrigeration, air conditioning , heating , ven- tilating , boiler and unfired pressure vessel systems , and apparatus or equipment used in connection therewith , pro- vided that this subsection shall not include installation or repair of equipment , appliances , and containers utilizing or storing liquefied petroleum gas or propane gas-air. (S) "Master" shall mean any person who possesses the necessary qualifications , training and technical knowledge to do, plan, layout and supervise the work connected in his in particular trade. He must be a qualified contractor or work for a qualified contractor, and hold a current certificate of competency indicating his qualification, in order to work in his trade. (T) "Journeyman" shall mean any person who possesses the necessary qualifications, training and technical knowledge to do and supervise the work connected in his particular trade. He must work for a qualified contractor and hold a current certificate of competency indicating his qualification, in order to work in his trade. (U) "Maintenance Personnel" includes all maintenance personnel who are regularly employed to maintain and make minor repairs to systems, apparatus and equipment, such as plumbing, electrical, refrigeration, air conditioning, boiler, heating and ventilating, which is installed, contained in and used upon premises or in buildings owned, occupied or con- trolled by the person or firm by whom such personnel is em- ployed. Such maintenance personnel must hold a current cer- tificate of competency for maintenance work or as master or journeyman in the trade or trades in which they are to engage. A master or a journeyman will automatically qualify, without further examination as maintenance personnel in their particu- lar trade. The word "maintenance" as used in this paragraph in not intended to include operators of appliances or equip- ment. (V) "Apprentice" shall mean a person learning a craft under a skilled worker; hence, a beginner. Section 4. In any and all trades in which a Master or Journeyman Certificate of Competency is required said trades shall be limited to not more than two (2) apprentices per skilled craftsman. Section 5. The provisions of this Act do not apply to the following: (A) An owner of residential property altering, or repa1r1ng his own home if occupied by the owner and not in- tended for sale. An owner of residential property may 11 construct one (1) single family residence for his own use and occupancy without qualifying for a certificate of compe- tency, but the application for a building permit for construc- tion of more than one (1) single family residence in a year's time shall be construed as engaging in the construction business and such owner must secure a certificate of competency before the permit will be issued. Nothing herein shall release an owner-builder from the requirement of obtaining apermit. Section 6. (A) The following Examing Board is hereby created: (1) One person holding an Engineering I Card. (2) One person holding a Contractors I Card. (3) One person holding a Master Plumbers Card. (4) One person holding a Master Electricians Card. (5) One person holding a Master Mechanical Card ,(6) One person holding a Master LP Gas Card. (7) The County Engineer or his authorized representative. (B) The Board shall consist of (7) voting members appointed by the Board of County Commissioners of Monroe County, Florida. The Director of the Zoning and Building Department shall serve as secretary to the Board and shall have no vote. The secretary shall be permitted to designate a staff member to serve in his stead. The members of the Board shall be proportionately representative, of the trade or trades related to the subject matter concerned in the examination and qualifications, and professions within and connected with the particular trades concerned shall be represented. No member of the Examining Board shall receive any compensation for duties involved. (C) Terms of Office--Removal--Vacancies. (1) Each member appointed to the Board referred to 1n Section 6 hereof shall hold office at the pleasure of the majority of the County Commissioners. Each member shall hold office until his successor has been duly appointed and has qualified. 12 (2) Any member of the Examining Board may be removed from office by a majority vote of the complete Board of County Commissioners. (3) Any vacancy occurring during the unexpired term of office of any member of the examining board shall be filled by the Board of County Commissioners for the unex- pired term within thirty (30) days after such vacancy occurs. (D) Organization of Boards. (1) The Director of the Zoning and Building Depart- ment shall serve as Secretary of the Examining Board, The Secretary shall be permitted to designate a staff member to serve in his stead. (2) The Board shall elect a Chairman and such other officers as may be necessary from among their members. Terms of all officers shall be one (1) year beginning with their election, with elections to be held the first meeting in July of each year. (E) Meetings. (1) The Board shall hold not less than four (4) regular meetings each fiscal year, the 4th Saturday in October, January, April and in July. (2) Meetings shall be called by the Chairman of the Board, and his absence by the Vice Chairman of the Board. (3) All minutes of Board P~etings shall be public records, except those portions of which are of a con- fidential nature. All minutes shall be kept in the office of the Zoning and Building Department, except the records of the Engineering,Contractors' Board which shall be kept 1n the County Engineer's Office. (4) Four members of the Board shall constitute a quorum at any meeting, and a majority vote of those present shall be required to make any decision. (F) For the purpose of administering this Ordinance the Examining Board may call on the County Commission to furnish such employees as may be necessary to carryon or assist the Board in performing its duties. 1, (G) The Board may make such rules and regulations as are consistent with the general policies of this Ordinance as it may deem necessary to carry out the provisions of this Ordinance. including the power to administer oaths and subpoena witnesses in the manner provided for subpoenaing witnesses in the County Court of Honroe County. Florida. (H) Powers and Duties of the Examining Board. The Examining Board shall have the power to determine if a license or certificate of competency of any contractor should be suspended for any violation of this Ordinance and to fix the length of time for such suspension or to revoke the license or certificate under the provisions of this Ordinance. or to appoint an employee from the County Commission to investigate any complaints made against the licensed contractor and determine whether it shall take administrative action against the contractor or direct the investigator to file a complaint for prosecution for the violation against the contractor; to call upon members of the industry to advise and assist them. Section 7. Mediation Board The Examiners Mediation Board is hereby created. the membership of which shall be made up of the members of the Examining Board. The Director of the Zoning and Building Department shall serve as Secre- tary and shall have no vote. (A) The Examiners Mediation Board shall meet at the call of the Chairman and shall make such rules and regula- tions. and keep such records as are consistent with the re- quirements and policies of this Ordinance. Four (4) members shall constitute a quorum. and decisions shall be made by majority vote. Members shall not receive any compensation. eB) The Examiners Mediation Board shall be empowered to decide questions arising which pertain to or are applic- able to this Ordinance. 14 (C) Matters to be considered by the Examiners Mediation Board may be referred to it by the Secretary of the Board, or the matter may be initiated by the Examiners Mediation Board. (I) Disciplinary Proceedings. (1) The Secretary of the Examining Board may, upon his own motion, or shall upon a sworn complaint in writing of any person investigate or cause to be investigated by a special investigator appointed by the Board, the charges against any contractor qualified hereunder and submit a written report to the Examining Board. Upon the filing of Petition of Bankruptcy or against a qualified contractor under this Act, or if a qualified contractor fails to keep in force the insurance policy required in Section 15 of this Ordinance, the Secretary of the Board shall immediately suspend the Certificate of Competency and report the matter to the Examining Board for revocation action. (2) The Examining Board, upon receipt of such report, shall decide if the report makes a prima facie showing of a violation of this Act, and if so, shall take one or both of the following actions: (A) Instruct the Secretary to send, by Registered Mail, a letter to the qualified contractor to his last known address, as shown by the Board's records, setting out the name of the complainant, the time of commission of tIle alleged offense, and the section of this Ordinance alleged to be violated, and notifying the qualified contractor to appear before the Board at a time and place fixed, not sooner than twenty (20) days from the mailing of the registered letter, to show cause why his certificate of competency should not be suspended or revoked. (B) Instruct the investigator or complainant to file a sworn affidavit for the arrest of the qualified contractor if he has violated any of the provisions of this Ordinance. 15 (3) The administrative hearing provided for above shall be open to the public. (A) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. (B) The hearing need not be conducted according to technical rules relating to evidence and \vitnesses. Any relevant evidence shall be admitted if the Board finds it competent and reliable, regardless of the existence of any common law or statutory rule which might make 1mproper the admission of such evidence. I~arsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized 1n civil actions. Irrelevant and unduly repetitious evidence shall be excluded. (C) Each party shall have these rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examina- tion; to impeach any witness, regardless of which party first called him to testify; and to rebut the evidence against him. (D) A decision shall be made by the Examining Board by a majority of the entire Board within five (5) days after the close of the hearing. The decision shall be one of the following: (1) Not Guilty. (2) Suspension of certificate of competency, stating time. (3) Revocation of certificate of competency, naming effective date. (E) An Appeal from the decision of the Board may be made by the contractor involved, to the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County, Florida, within twenty (20) days, but not thereafter. lh Section 8. The Certificate of Competency issued by the County to a contractor may be suspended for a fixed term or revoked by the Contractors Examining Board's determination only by a majority vote of the entire Board after hearing if the contractor as an individual or the firm by its officers, directors, or qualified repre- sentatives has violated any of the provisions of this Ordinance. The suspension or revocation of a Certificate of Competency shall automatically suspend or revoke as the case may be any occupational license issued by the County. It shall be unlawful for any contractor, as defined by this Ordinance operating anywhere within the County, licensed individually or as a firm contractor, officers, directors or qualified representative of a firm contractor, to commit anyone or more of the following acts or omissions: (A) To contract or do any work outside of the scope of operation, as set out in the definition of the particular type of contractor for which he is qualified; or to perform or offer or purport to perform any architectural or englneer- lng or surveying services in violation of Florida Statutes. (B) Abandon without legal excuse a construction project or operation in which he is engaged or under contract as a contractor. (C) Divert funds or property received for the execution or completion of a specific construction project or operation, or for a specified purpose to any other use whatsoever. (D) To depart from or disregard in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative. (E) To disregard or violate, in the performance of this contracting business, any of the building, safety, health insurance or Workmen's Compensation Laws of the State of Florida, or Resolutions of the Board of County Commissioners of Monroe County, Florida, concerning same. 17 (F) Misrepresent any material fact in his application and supporting papers in obtaining a license under this Ordinance. (G) To fail to fulfull his contractural obligation through inability to pay all creditors for material fur- nished or work or services performed in the operation of his business for which he is licensed hereunder. (H) To aid or abet an unlicensed person to evade the provisions of this Ordinance or allow his license to be used by any unlicensed person or to act as an agent, partner or associate of an unlicensed person with the intent to evade the provisions of this Ordinance. (I) To do any fraudulent act as a contractor by which another is substantially injured. The Examining Board shall suspend or revoke a contractor's certificate of competency if after hearing it is found that the contractor: (A) Has been adjudicated bankrupt. (B) Fails to maintain at all times with an insurance company, authorized to do business in the State of Florida, the limits of insurance required by any other applicable law or authority having jurisdiction but not less than bodily injury liability insurance with the minimum limits of fifty thousand dollars ($50,000.00) for one (1) person and one hundred thousand dollars ($100,000.00) for more than one person in anyone (1) accident, and property damage insurance with a minimum limit of not less than five thousand dollars ($5,000.00) for anyone (1) accident, including any damage to public rights-of-way or shrubbery and to file certificates, signed by the qualified agent of the insured, with the Secre- tary of the Contractors Examining Board showing the type of policy number, the name of the insurer, the effective date of the policy, an agreement by the insurer to give a thirty (30) days' written notice by registered mail to the Secre- tary of the Examining Board, of the intent to cancel the policy for any reason. 18 The Examining Board may reinstate such revoked certificate of competency at such time as the contractor again supplies full insurance coverage as required by this Ordinance. (C) Violated any of the provisions of this Ordinance. Section 9. Where a certificate has been revoked or has expired or lapsed for any reason, the board may requIre comp- lete re-examination before a certificate of competency is renewed or re-instated. Section 10. Any person or firm not possessing a current certificate of competency and holding themselves out as plain- tiff or defendant in any court of this State or advertising in a newspaper or therwise to be a contractor shall be sub- ject to the provisions and penalties of this Ordinance and a certified copy of such court records or a copy of the news- paper or other advertising making such an assertion shall be prima facie evidence in Court or in any other proceeding au- thorized by this Ordinance that the person or firm purported to have the capacity to act as a contractor. Section 11. A Contractor's certificate of competency shall be obtained in the following manner. (A) Any person or firm required or desiring to be qualified as a contractor shall make application on a form prescribed by the Building & Zoning Department at the office of the Building Division of the Zoning and Building Department. (B) Should the applicant be a firm, the application shall be executed by the President or one legally qualified to act for the firm shall show his authority to so act on the application, and shall name an authorized agent on be- half of the firm showing his authority: (1) To act for the firm in all matters In any manner connected with the con - tracting business; (2) To supervise the construction under the occupational license issued to the firm; and (3) To take the qualifying examination for the firm, unless holding a current certificate of competency of the class and type neces- sary. The firm shall be qualified only through the qualifica- tions of such agent taking the examination, or through an agent currently qualified, and if the agent (qualifier) shall 19 sever his affiliation with such firm, the certificate of com- petency held by SUCll firm shall be automatically cancelled. An agent (qualifier) shall be registered to the work of the firm he is currently qualifying. (C) No application shall be considered unless the applicant gives all information required on th~ form, which shall include: (1) A statement of applicant's proposed contracting business. (2) The type of certificate being applied for. (3) Name, residence, business address of applicant. (4) If applicant is a firm, the name and business ad- dress of the firm and the name, residence of all directors and officers of the firm and their interest therein, and the name, residence of the applicant's qualified representative and information contained above; if applicant is a corporation, a certificate of incorporation. (5) A sworn financial statement of the applicant, a credit report, and an agreement authorizing the Director of the Building & Zoning Department to obtain from any source dealing with the applicant, even though confidential, such additional information concerning the applicant's financial condition as the secretary deems necessary. (6) A sworn list of all businesses owned, operated, or managed by applicant or ln which the applicant has had an interest of any kind during the past five (5) years, and the addresses of these businesses. (7) Receipt from the Building & Zoning Department show- lng the fee for the examination and qualification of the ap- plicant has been paid. (8) Three (3) letters of recommendation from reputable business or professional men, not related by blood or marriage to the applicant, of this county, or the county of applicant's last business venture, vouching for the applicant's reputation as to honesty, integrity and good character. 20 (9) A sworn statement, stating under oath that the ap- plicant has not been convicted of a misdemeanor or felony during the past five (5) years, and that he is not presently charged with committing a felony or misdemeanor. If this is not the case applicant shall specify the details of the con- viction or charges. (D) The Director of the Building & Zoning Department shall notify the applicant of the next regular examination and shall notify the board of the application prior to its next regular meeting and make such additional investigation as may be directed by the board. (E) Examinations shall be a type as furnished by II & R Block & ASSC of Gainesville, Florida, except examinations pertaining to any and all Engineering or Sub Engineering. These examinations will be made up and given by the County Engineer or his authorized representative. (F) The Director of the Building & Zoning Department shall not issue a certificate of competency unless, he finds: (1) That the applicant, or if applicant is a firm then the qualified representative, has made a passing grade 75% or higher on the written examination and has the necessary experience for the type of certificate applied for. (2) That the credit report and financial statement of the applicant shows that the applicant is financially able to engage ~n the contracting business for which the license is requested so that the public will be protected. (3) That the applicant and each member of the firm possesses a reputation for honesty, integrity, and has a good character, has not been convicted of a misdemeanor or a felony in the past five (5) years, and at the time of the application is not charged with committing a misdemeanor or a felony. This shall be determined by the Director from the information contained 1n t~e letters of recommendation sub- mitted by the applicant and any other statements submitted to or obtained by the Director of the Building & Zoning Department or his investigators. The lack of honesty, in- tegrity or good character may be established by competent 21 evidence that: (A) Applicant has committed an act within the past three (3) years which, if committed or done by a licensed contractor would be grounds for suspension or revocation of a contractor's license. (B) Applicant has committed an act within the past three (3) years involving dishonesty, fraud, deceit or lack of in- tegrity whereby the applicant has been benefited or whereby some injury has been sustained by another. (C) Applicant has, in the past five (5) years, refused to pay valid bills of at least five (5) different persons or firms or has been adjudged bankrupt. (D) Applicant is presently charged with commission of a misdemeanor or felony. (E) Applicant has been convicted of a misdemeanor or felony during the past five (5) years. Section 12. (A) Every person, who, under the terms of this Ordinance, is required to hold a certificate of competency, and who, upon the effective date of this Ordinance, holds a current certificate of competency issued by Monroe county, shall be 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 Monroe county. Evidence to be considered to warrant such entitlement shall include, but shall not necessarily be limited to: (1) Proff that a written examination given by Monroe County was successfully passed by the applicant. Section 13. A Certificate of Competency for Masters, Journeymen, Maintenance Personnel and Apprentice shall be obtained in the following manner: (A) Any person required or desiring to be qualified as a Master, Journeyman, Main- tenance Personnel or Apprentice shall make an application on a form prescribed by the Building & Zoning Department at the office of the Building Division of the Zoning and Building Department. TIle application shall be retained by the Depart- 22 ment together with all supporting papers. (B) The Director of the Building and Zoning Department shall notify the applicant of the next examination. (C) Temporary certificates: Any person who has in his possession a current license or certificate as a master or journeyman issued by and State, County, or Municipality In the United States certifying that the holder has been examined and found competent to perform the work of a master or journey- man, shall, after making application for the next examination, be issued a temporary certificate by the Director of the Building and Zoning Department, authorizing such master or journeyman to work in the capacity of a journeyman. Such certificate shall be issued only upon written request of the employing contractor. Failure to take or pass the examination shall automatically terminate such certificate and the employing contractor shall return the Certificate to the Director of the Building and Zoning Department. No further certificate shall be issued to the applicant unless he shall take and pass an examination. Section 14. Definitions of Class 1, 2 and 3 as pertain- ing to Building Contractor's certificate of competency: Class 1: General contractors are those whose services are unlimited with respect to the type of structure on which such contractors may work. Group A-B-C-D-E-F-G-H (Southern Standard Building Code) A - Residential C - School E - Assembly G - Industrial B - Business D-- Institutional F - Storage H - Hazardous Class 2: General contractors are those whose services are limited to Group A, B, F and G Occupancy and Use, defined above. Group A - Residential: Up to but not to exceed two (2) stories in height. (Structure of ordinary and frame) Class 5 and 6, Southern Standard Building Code 1957-58. 23 Group B - Business Group F - Storage Group G - Industrial. Group B, F, G not to exceed one (1) story in height and not to exceed 5,000 square feet of floor space, and accessory use structure in connection therwith, in ad- dition to work falling under the Class 3 category. Class 3: General contractors are those whose services are restricted to one and two family dwellings and accessory use structures for such dwellings. Section 15. Whenever a county occupational license is required of any contractor, sub-contractor, Master, Journeyman, Mainteneance Personnel and Apprentice, no such occupational li- cense shall be issued unless the applicant shall first procure from the Building and Zoning Department a current certificate of competency and shall present a copy to the license division. Section 16. Persons seeking certificates of competency as engineering contractors shall first make application for the certificate desired to the office of the Monroe county-building and zoning office. lbe Director of the Building and Zoning Department will advise the applicant regarding fees, the written administrative and technical examination, financial statement, credit report, and references required unless the applicant has demonstrated sufficient ability, knowledge, integrity and experience to prove his competency. The entire examination of the applicant's competency includes verification of the applicant's financial capabilities by means of a satisfactory financial state- ment his credit by means of a staisfactory credit rating, his general reputation by means of letters of reference or statements from responsible citizens, attesting to the applicant's general character, reputation, responsibility, integrity and experience in the contracting business, and satisfactory passage of a written examination designed to verify the applicant's adminis- trative and technical capability. The passage of the written examination IS only a part of the entire examination and such passage is not sufficient In itself to permit or reqUIre the issuance of a certificate of competency. 24 Section 17. Fees: Examination fees and annual renewal fees are as follows: General Contractor Class I Engineering Contractor Class I General Contractor Class II Engineering Contractor Class II General Contractor Class III Engineering Contractor Class III Plumbing Contractor Electrical Contractor Mechanical Contractor Septic Tank Contractor Well Drilling Contractor LP Gas Contractor Electrical Sign Contractor Specialty Contractors Masters Journeyman Maintenance Apprentice 100.00 100.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 50.00 25.00 25.00 5.00 Section 18. Any person, member of a firm or firm violating any of the provisions of this Ordinance shall, upon conviction in the County Court in and for Monroe County, Florida, be guilty of a misdemeanor, for each offense. Section 19. If any section, sub-section, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining por- tions of this Ordinance. The County Commission hereby declares that it would have passed this Ordinance and each section, sub- section, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sub-sections, sentences, clauses or phrases be declared invalid. Section 20. Chapter 63-1654, Laws of Florida, 1963 and 67-1727 Laws of Florida, 1967 and all laws or parts of laws, whether general, special or local, in conflict with the pro- visions of this Ordinance, are hereby repealed to the extent of such conflict. Section 21. This Ordinance shall take effect immediately upon its becoming a law. ~ NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, October 30, A. D. 1973, at 2:00 P. M. in the Monroe County Court- house, Key West, Florida, the Board of County Commissioners of Monroe County, Florida intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1973 AN ORDINANCE REQUIRING CONTRACTORS, SUB- CONTRACTORS, MASTERS, JOURNEYMEN AND MAIN- TENANCE PERSONNEL TO OBTAIN A CERTIFICATE OF COMPETENCY PRIOR TO ENGAGING IN BUSINESS IN MONROE COUNTY, FLORIDA; DEFINING THE OCCU- PATIONS AND TRADES COVERED BY THIS ACT; SETTING FORTH THE METHOD OF OBTAINING A CERTIFICATE OF COMPETENCY; CREATING AN EXAMINING BOARD; PROVIDING FOR EXAMINATION FEES AND RENEWAL FEES; REQUIRING SAID APPLICANTS TO PASS SAID EXAMINA TIONS BEFORE THE ISSUANCE OF SAID CER TIF- ICATES OF COMPETENCY; PROVIDING FOR THE METHOD OF APPOINTMENT OF SAID EXAMINING BOARD BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA; SETTING FOR TH THEIR TERMS OF OFFICE, ORGANIZATION, FUNCTIONS, POWERS AND DUTIES; EXEMPTING CER TAIN PERSONS FROM THE PROVISIONS OF THIS ORDINANCE; CREATING AN EXAMINERS MEDI- TATION BOARD AND DEFINING ITS FUNCTIONS, POWERS AND DUTIES; AUTHORIZING DISCIPLINARY PROCEEDINGS FOR VIOLATIONS OF THE PROVISIONS OF THIS ORDI- NANCE; PROVIDING FOR THE SUSPENSION OR REVOCA- TION OF CER TIFICATES OF COMPETENCY ISSUED HERE- UNDER; MAKING CERTAIN AC TS UNLAWFUL; GIVING JURISDICTION OF VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE TO THE COUNTY COUR T IN AND FOR MONROE COUNTY, FLORIDA; REPEALING ALL LAWS OR PARTS OF LAWS, WHETHER GENERAL, SPECIAL OR LOCAL, IN CON- FLIcT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. DATED at Key West, Florida this 2nd day of October, 1973. e RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida. (SEAL) Publish: Thursday, October 4, 1973. • • PROOF OF PUBLICATION Ohr Well vi est alttizctt Published Daily Key West, Monroe County, Florida NOTICE OF INTENTION STATE OF FLORIDA TO CONSIDER ADOPTION COUNTY OF MONROE f ss. OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM Before the undersigned authority personally rson appeared _J ohn E. SW er ---- ------- a—�— T MAY CONCERN that on Tuesday, ' aber 30, A.D. 1973, at 2:00 P.M. in the who on oath says that he is the _______.__________�..___-______.-_....___ —__ , Aonroe County Courthouse, Key West,iiA The Key West Citizen "lorida,the Board of County Commissioners Advertising Manager of f Monroe County, Florida intends to con- fider the adoption of the following County a daily newspaper published at Key West in Monroe County, Florida; that the attached copy Ordinance: ORDINANCE NO.-1973 of advertisement, being a Notice of Intention to consider • 1N ORDINANCE REQUIRING CON.1 Adoption of County Ordinance 'RACTORS, SUBCONTRACTORS, RASTERS, JOURNEYMENSONNEL ANDB MAIN in the matter of Ordinance No. 1973 'ENANCE PERSONNEL TO OBTAIN A :ERTIFICATE OF COMPETENCY PRIOR And Ordinance requiring contractors, '0 ENGAGING IN BUSINESS IN MONROE :OUNTY, FLORIDA; DEFINING THE subcontractors, masters, journeymen etc. ICCUPATIONS AND TRADES COVERED IY THIS ACT; SETTING FORTH THE AETHOD OF OBTAINING A CER. 'IFICATE OF COMPETENCY; TREATING AN EXAMINING BOARD; 'ROVIDING FOR EXAMINATION FEES iND RENEWAL FEES; REQUIRING AID APPLICANTS TO PASS SAID :XAMINATIONS BEFORE THE SSUANCE OF SAID CERTIFICATES OF; :OMPETENCY; PROVIDING FOR THE; AETHOD OF APPOINTMENT OF SAID{ 'XAMINING BOARD BY THE BOARD O�F,t{t OUNTY COMMISSIONERS OF MONROHt OUNTY, FLORIDA; SETTING FORTH! HEIR TERMS OF OFFICE;( ORGANIZATION, FUNCTIONS, POWER$t ND DUTIES; EXEMPTING CERTAIN: 'ERSONS FROM THE PROVISIONS OF :HIS ORDINANCE; CREATING ANC{ :XAMINERS MEDITATION BOARD AND,I )EFINING ITS FUNCTIONS, POWERS' 1ND DUTIES: AUTHORIZING )ISCIPLINARY PROCEEDINGS FOR 'IOLATIONS OF THE PROVISIONS OF 'HIS ORDINANCE; PROVIDING FOR 'HE SUSPENSION OR REVOCATION OF 'ERTIF--IC ATE" OF COMPFTFNry SSUED INNER; MAKING A.D. 1973 ERTA!N ACTSCTSNOctober UN LAWFUL; GIVING was published in said newspaperin the issues of 4th URISDICTION OF VIOLATIONS OF THE 'ROVISIONS OF THIS ORDINANCE TO -HE .OUNTY COURT IN ANU rum AONROE COUNTY, FLORIDA; 1EPEALING ALL LAWS OR PARTS OF .AWS, WHETHER GENERAL, SPECIAL - OR LOCAL, IN CONFLICT WITH THI TO THE EXTENT nF s!!N Affiant further says that the said The KeyWest Citizen is a newspaper ublished at :ONFLICT; AND PROVIDING FOR A YP EFFECTIVE DATE. a Key West, in said Monroe County, Florida, and that the said newspaper has heretofore DATED at Key West,Florida this 2nd day been continuously published in said Monroe County, Florida,each day(execpt Saturdays) October,1973. and has been entered as second class mail matter at the post office in Key West,in said RALPH W.WHITE Clerk of the Circuit Court of Monroe County, Florida,for a period of one year next preceeding the first publication of Monroeiolerkof FloridaeBoard and of the attached copyof advertisement; and affiant further says that he has neither paid nor ex offic!o Clerk of the Board of Y County CommissionersCounty,Flora of promised anyperson,firm or corporation anydiscount,rebate,commission or refund for Monroe County,Florida:, P October 4, 1973 the purpose of securing this advertisement for publication in the said newspaper. • (SEAL) Sworn to and subseri.-. ore me this 9, day of et./ d. NOTARY PUBLIC STAT!OF FLORIDA AT LARGE • MY COMMISSION EXPIRES SErrT. �� 197b - -. GENERAL INSURANCE UNDERWRITERS,INC. ~ttrtta11! of ~fatt STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488-3918 HICIL'>..:m (DICK) STONE S~-CR'CT"'RY OF STATE November 5, 1973 Honorable Ralph W. White County Clerk Monroe County Key West, Florida Dear Mr. White: Pursuant to the provisions of Section 125. 66, Florida Statutes, this will acknowledge your letters of October 31 and certified copies of Monroe County Ordinances Nos. 73-12 and 73-13, which were filed in this office on November 5, 1973. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State 7/1 '/ ////I/7.i/;~/, t;j/f' {/~ /,//(' )~'//7/;}~ "'/tvt? // Co /, . fA ^ ,',/", ".[ V0<Y<- , // / '. '-,~ '- v- .. - . { . ,"....-,-....- By J (Mrs. ) Nancy Kavanaugh Chief, Bureau of Laws NKjmp