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Ordinance 85-42OKDINANCi~ 85-42 AN ORDINANCE R~UIRINO CERTIFICATES OF COHPETENCY IN CERTAIN BUI~N~ ~ PEOVIDINO FOR L~ITINC ~ ISSU~CE OF BUI~INC P~ITS TO CO~E- OF C0~0RSI DEFYING ~E ~ FOR ~l~ A C~- TIFICATE OF C~~ I5 REQUIR~ PROVIDINO FOR D~TION OF A C~TIFI~TE OF CO~~ FOR FEES~ PROVID~C FOR A STOP-NO~ O~ER ~ A CO~CTOR DOES N~ POSSESS A C~TIFICATE OF C~- PET~; PROVID~C ~ AP~ICATION PR~E FOR C~- TIFICATES 0F CO~~ PROV~ING ST~S FOR THE ISSU~CE 0R D~I~ 0F ~ ~PLICATION FOR A CERTIF- ICATE OF CO~~ PROVIDING FOR R~SJ PROVID- InG FOR INACTI~ STA~S~ PROVIDING FOR ~PRO~ [NATIONS~ PROVID~G FOR RESTRI~ SPECI~ LI- CENSES; PROVIDINC ~R A CO~ORS' LIC~SIN6 PROVIDING FOR ~E OPE~TING PROCURES OF ~E CON- T~CTORS~ LIC~$INO BOA~I PROVIDINO FOR A~P~$ ~E CO~CTORS~ LIC~SlNG BO~; PROVIDING ~R INI- TIATION ~ ~MINIS~TION OF DISCIPLIN~Y 1NG$ AGAINST CON~C~RSI PROVIDING ~R ST~S OF CO~UCTI PROVIDING FOR P~AL~ CON~ICT~ ~P~L OF O~IN~CES 78-2, 78-13, 78-~i, 78-~5, 78-66, 79-02, 81-71, 82-70, 82-78, 83-37 FECTIV~ DATE. INDEX: PART ONE: CERTIFICATES OF COHPETENC¥ REQUIRED. 1.1 Unlawful to Contract without a Certificate of Competency. 1.2 Building Permits. 1.3 Exomptions. Renewal of Certificates of Competency. 1.5 Identification of Vehicles. 1.6 Definitions of Trades and Businesses Governed by the Opera-- tion of this Ordinence. 1.7 Fees. 1.8 Stop Work Orders. 1.9 Experience Requirements. '75 I~'~EX (Continued) PART T~O~ CERTIFICATES OF COHPETEIqCY - PROCEDURE. 2ol AppliceCions, 2.2 Contractor Applications - Individual, 2°3 Con~ractor Applica~ione 2.& Haeter or Journeymen Applications. 2.5 Standards for ~he Issuance or Denial of a Certificate of Competency. 2.6 Approved Examiners. 2.? Examinations - Passing Crade. 2.8 Examinations - Language Difficulty. 2.9 Insurance. 2.10 Inactive Status. 2.11 Examinations No~ Required. 2.12 Restricted Certificates of Competency. PART THREE: ~HE CONTRACTORS' LICENSINC BOARD 3.1 Composition 3.2 Appeal of a Decision of the Contractors' Licensing doard. PART FOUR: STANDARDS OF CO~DUCT A~D DISCIPLINE. &.l Hisconduct by a Contractor. 6.2 Disciplinary ProceedinSs. PART FIVE. 5.l Repesl of Previous Ordinances, 5.2 Penalties for Violetion. 5.3 Conflic~. 5.5 Effec~ive Da~a. (=) PART ONgl CF~TIFICATEB OY CO~ETENCY REQUIRED. 1.1, Unlawful to Contract without a Certificate of Competency. It shall be unlawful for any parson, firm, or corporation to engage in any business or act in the capacity of a contractor or aubcon= tractor for any of the trades listed in Section 1.6 of this Ordi- nance or to act in the capacity of a master or Journeyman, within the unincorporated area of Collier County, without herini first mags application for and baas issued a currant, valit Collier County Certificate of Competency. Nothing herein shall ba construed to mean that there cannot be workers in a trade who ars not lualifiad or certified within the definitions herein sst forth if such workers are employed by a qualified contractor and are workin8 under the supervision of a master. 1.2. Buildin$ Permits. 1.2.1. No bulldini permit shall be issued for the construction, ; alteration, or repair of any structure unless the appli- ~ cant for the permit possesses I currant Collier County Certificate of Competency or is exempt from ~hs operation of this Ordinance. 1.2.2. It shall ba unl&wful for any owner-builder to procure a buildinl permit when, in fact, such owner-builder intends to aid or abet en unlicensed contractor to perform the permitted construction, alteration, or repair. Such conduct shall ba considered criminal fraud and shall bs punishable es a violation of this Ordinance. 1.3. Exemptions. Owners of property building or improvin~ farm outbuildings or one or ~vo family residences on such property for the occupancy or uss of such owners and not offered for sale or lease, or building or improving co~mrcial buildin~s at a cost of under $25,000 on such property for the occupancy or use of such owners and not offered f~ eala or laaaao In all actions brought under Section 1.1 of thin ordi- nance, proof of the sale or lease, or offerin$ for sale or lease, of more than one such structure by the .3.3. o~nsr-builder within 12 months after completion of same is presumptive evidence that the construction vas undertaken for purposes of sale or lease. An owner-builder vii1 be issued a maximum of one (1) owner-builder peri, it for a sinile f~ily or duplex hera in any ~hr~ (3) ~aar pitied. Public ~orks. Th~ provisions of this Ordinanc~ shall not apply to contractors bidding on or pnrfo~g public works for ~ntcipal, county, sta~ or fed,tel Iov~nt or oth~r public body. ilt,rnttons or Repairs. ~ provisions of this Ordinanc~ shall not apply to al~nrntions or r~pairs of tmprovnd property, vh~r~ fair market valua of th~ alteration or r, patr do~s not ~xceed th~ total sum of $200.00, unless the york p, rfo~d requires an inspection. P~rnons holdin$ curr~nt State C,rttficat,s of Competency. ~y p~rson holding ~ curr,n~ Sta~ C~rttfic~t, of Cohe- rency is ~xemp~ from obtaining a Collt,r County C,trill- cate of Compm=mnc7 for that trade for which he certified by the State. Such person is required to possess a curr~nt oecupattonml licens~ issumd by thm T~x Collector of Collier County, and his pmrfomne~ contrsctor shill b~ subJmct to ill other r~quirmmmnts of this Ordinanem not in conflict vith Chmpter 189, Part I of thm Florida Stltutss ~s said statues may bm -~.~=-.~m.-~,~..~...~..~...~.....__ time to time. 1.4. Renewal of Certificates of Competency. 1.4.1. Certificates of Competency shall expire annually at 1.4.2. 1.4.3. midnight on Sept~ber 30th of each year. The Building Director shall mail renewal notices to all licensed contractors at least one month prior to the expiration data of the licenses. Applicants for renewal must present the Sacratary for the Contractors' Llcenatn$ Board with the follovinl: A. ~idenca of insur&nce aa required by Section 2,9 of this Ordinance. 1.4.5. 1.4.6. B, A currant Collier County occupational license. Any individual failing to renew his certificate of competency prior to midnight on September 30th of each year shall have until midnight December 31st of each year to renew his certificate of competency, provided however, a penalty of tan percent of the required fee shall be assessed in addition to the fee provided for in Section 1.7 of chis Ordinance. Should September 30th or December 31st be a Saturday, Sunday, or legal holiday the renewal period shall not expire until midnight of the next following vorking day. Any individual fallinl to renew his certificate of competency prior to December 31st mhall be required to make reapplication pursuant to Part II of this Ordinance. 1.5. Identification of Vehicles. 1.5.1. All contractors certified under the provisions of this Ordinance shall be required to firmly affix the qualifi- er'e Certificate of Competency Number and the '~oing Business As" Name to all Company or contractor m~ned vehicles used in their trode or business. The minimum helsht of each number or letter shall be one (1) inch. 1.5.2. Upon the sale of any vehicle to vhich a Certificate of Competency Number and "Doing Business An" Name have been firmly affixvd, it shall be the Contractor's responsibili- ty to remove such number and name. 1.6. Definitions of Trades and Businesses Coverned by the Operation ~,..~-.~.~.~e~-*-~-.~-.-of this Ordinance. 1.6.1. Contractor - the person vho is qualified for and raspon- sible for the entire project contracted for and means, except those herain exemptsd, the person who, for compen- sation, undertakes to, or submits a bid to, or does himself or by others, construct, repair, alter, remodel, add co, subtract from, improve any building or structure, including related improvements to real estate for others, or for resale to others, as hereinafter defined he. ever, a "contractor" shall subcontract the electrical, aechanical, 021,,"., 79 pltrmbins~ rooEin$, sheet metal, swimming pool, and air-conditioning york for which a local examination for a clrCificeCa of complti~cl or I license is required, except as provided in $1ction 1.6.2 of thil Ordinance. 1.6.1.1. General Contractor means a contractor whose services are unlimi~sd about the type of work which he say do, except ss provided in this act. 1.6.1.2. Buildin$ Contractor means a contractor whose services are limited to construction of commercial buildinie and sin$1e-dvelling or multipls-dvellini residential buildings, which commercial or relidantial bulldintl do not exceed three stories in height, and accessory use structures in connection therewith or s contrac- tor whose services are limited to remodeling, repair, or improvement of any size building if the lei'vices do not effect the structural members of the buildin$. 1.6.1.3. Residential Contractor means s contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding t'~o stories in helRht and accessory use structures in connection therewith. 1.6.1.&. Sheet Metal Contractor means m contractor whose services'are unlimited in the sheet metal trade and who has the experience, knowledge and skill necessary for the manufacture, fabrication, assembling, hen- ..m~m~s~..,.,--.. .... ~.... ............. dling, erection, installation, dismantling, condi- tioning, adjustment, alteration, repair, servicing, or design, when not prohibited by lay, of ferrous or nonferrous metal york of U.S. No. I0 gauge or its equivalent or lighter gauge and of other materials used in lieu thereof end of air-handling systems including the setting of sir-handling equip~nt and reinforcement of sams and including the balancing of air-hendlin& systems. oo, 021,,',, 80 (6) 1.6.1.6. Roofing Contractor means s contractor whose services are unlimited in the roofing trade and who has the experience, knovledse and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installltion, maintenance, extension, and alteration of all kinds of roofing and waterproofing. Hechanical Contractor means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, meant,in, repair, fabricate, altar, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct ~ork is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equip- ment and piping, end all appurtenances, apparatus , or equipment used in connection therewith and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, pipins, insulation of pipes, vessels, and ducts, pressure and process piping, pneumatic control pipinl, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line pipinl, ox~ien .......... lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and installation of a condensate drain from an air conditioning unit to an existinI safe waste or other approved disposal other than · direct connection to · sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable waterlines or connections thereto, eanitar~ saver ,-, 021,,.., 81 (~) 1.6.1.7. 1.6.1.8. lines, Iwimmins pool pipins and filters, or electrical power wiring. Class A air conditioning con~ractor means any person whose services ere unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, hee~ing, and ventilating systems, including duct work in connec- tion wi~h a complete system only to the extent such duct work is performed by the con~ractor es is necessary to make complete an air diatribu~ion system, boiler and unfired pressure vessel eya~ema, and all appurtenances, apparatus, or equipment used in connection therewith and to install, maintain, repair, fabricate, alter, extend, or design, Mien not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, and installation of a condensate drain from an air conditioning unit ~o in existing safe waste or o~her approved disposal other than a direct connection to a sanitlry system. Tbs scope of work for such contractor shill Ileo include nny excavation work incidental thereto, but shall not include any work such am liquefied petroleum or natural gas fuel lines within buildings, potable waterlines or connections thereto, sanitary sever lines, swi-.-ing pool piping end filters, or electri- cal power wirinl. Class B air conditioning contrlctor moans any person whose services are limitld to twenty-five toni of cooling and five hundred thousand BTU of heetin{ in any one system in the exlcucion of contracts requir- ing the experience, knowledge, and skill to install, · aintatn, repltr, fabricate, alter, extend, or design, when no~ prohibited by law, central sir oo, 021,,.., 82 conditioning, refrigerat~on, heating, and ventilating systems, including duct york in connection vith a complete system only to the extent such duct york is performed by the contractor necessary to sake co~- pleta an air distribution system heine inetallel under this classification, and to install, maintain, repair, fabricate, altar, extend, or design, vhen not prohibited by lay, piping, insulation of pipes, vessels and ducts, and installation of a condensate drain from an air conditioning unit to an existing safe waste or other approved diepesal other tha~ s direct connection to a sanitary eTstem. 1.6.1.9. Class C air conditioning contractor means any person whose business is limited to the sst'vicing of air conditioning, heating, or rsfrigeration systems, including duct alterations in connection vith those systems he ia servicing, 1.6.1.10, Commercial pool contractor means any person vhose scope of work involves, but is not limited to, the construction, repair, rater treatmsnt, and set. loins of any swimming pool, whether public, private or other~iae regardless of use. The scope of such york includes layout, excavation, operation of construc- tion pumps for deweterin8 purposes, stselvork, installation of light niches, pouring of floors, guniting, fiberglassing, installation of tile and coping, installation of all perinstsr and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, pourin8 of decks, construction of equipment rooms or housing for pool equipment, and installation of package pool heaters. Hoverer, the scope of such york does not include direct connections to a sani- tary sewer system or to potable vsterlineao 1.6.1,11. Residential pool contractor means an7 person ~hoea scope of work invo~vss, but ~s no~ l~m~ed ~o, ~he construction! rapai~ ~ster trea~men~ en~ sarvicin~ of any residential eviming pool, regardless of usa. The ecope of such work includes layout, excavation, operation of construction pumps for dewa~tring purposes, steelwork, installation of ligh~ niches, pouring of floors, guniting, fiberglassing, installa- ~ion of tile and coping, installation of all perime- ter and fil~er piping, ins~alla~ion of all equipmen~ and chemical feeders of any ~ype, plaster- ing of the i~cerior, pouring of decks, installation of housin8 for poo~ equipment, and ins~allacion of packa8e pool bea~ers. H~ever, ~he scope of such work does no~ include direc~ connections ~o a sani- tary sewer system or co potable waterlines. 1.6.1.12. Sw~ing pool sa~icing con~rac~or means any person whose scope of work involves ~he se~icins, repair, wa~er ~rea~men~ and main~enance of any pool, whether public or private. The scope of such work may include any necess.,ry piping and repairs~ replacemen~ and repair of existing equl~en~, or ins~alla~ion o~ new addi~ional equipmen~ as neces- sary. The scope of such work includes ~he reins~al- la,ion o~ ~ile and coping, repair and replacemen~ of all p~pin~, fil~er equip~en~ and chemical feeders of any ~ype, replas~ering, repourin$ of decks, and ~he reins~alla~on or addition of pool hea~ers. 1.$.1.13. Plumbing Con~rac~or is a con~rac~or whose con~rac~i~ business consists o~ ~he execution of contracts requirins ~he experience, financial ~eans, kn~ledge, and skill ~o ~ns~all, ~ain~afn, repair~ ex,end, or when no~ prohibi~ed by law, desi~ in$. A pl~bin~ con~rac~or ~y ~ns~all, ~lntain~ repair, al~er~ ex,end, or, ~en no~ prohibited by law, design ~he foll~in~ wi~hou~ ob~ainin~ any additional local re~ula~ow license, certificate, or heating water systems and all appurtenances, appara- tus. or squipnant usad in co~nactton tharawtth. including boil,rs and pressure process ptplug and including tha installation of vicar, natural gas (excluding liquid patrolaun gases), and storm and sanitar~ s~wsr lin,al and water and s~er plants and substa~iona. Th~ scope of work of Cbs pl~bing contractor also includes chi d~si~, when not it,d by law. ~nd installation. ~in~cnancn. alteration, or extensions of air-pipin~, vacu~ piping, o~gcn line piping, nitrous oxtdl ptpin[. ~d all related n,dical las sys~emsI fir, line standpipes and fir, nprtnklors to tho ~xt~nt authorized by such la~; in~ and ch,mical lines; fu,1 oil and pipinl and tank ~nd pump instillation. ,xc,pt bulk scoras~ plastel and pneumatic control ptpin; all in such t nannar as to c~ply with all plans. specifications, cod,e, lays. and r,8ul~tions applici- bl.. Th~ scope o~ york of th~ plumbing contractor shall apply to privet, prop~r~y and public proplrty. shall include any .xcavation ~ork lncid,ntal thereto. and she11 includ~ the york ef th~ np~cialty contractor. Such co~ractor shall subcontract. a qualified contractor in the field concamod, all '~~"' ................... other york incid,ntal to th, vor~ but which I, ap,tilled h,rotn as b,tng the work of a Credo than that of a pl~btn8 contractor. 1.6.1.11. ll,ctrical Contractor n~ans a parson ~o conducts busin,ss in the ,1,ctrical trad, fi,id and ~o th, ~xparisnc,. kn~l,dgo, and I~ill to r.pair, ilt,r, add to. or d,siin, when not prohibit,d by lay. ,1,ctrical virin;, f~tur, s. sppll~c,s. rat,ways, conduit or any part thor,of. lenerate,, transits, transfo~a or utilhen 1.6.2. electrical energy in any form, including the electrical installations end systems vithin plants and substations, all in compliance rich applicable plans, specifications, codes, lava, and ragulationao Tbs tarn means any parson, firm, or corporation that engages in the business of electrical contracting under an express or implied contractl or Chac under- takes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. Concractorsl Subcontracting. A contractor shall subcontract tho electrical, mechanical, plumbing, roofing, sheet metal, and air conditioninivork for which a local examination for a car~ificl~e of cency or a license is required, unless such contractor bolds a certificate of competency or license of respective credo cacego~, as required by Cbs appropriate local authority. H~ever, · ~eneral~ buildinl~ or dencial contractor shall nsc be required Co subcontract the installation of ehin~l~ roofing ~Cerials. Further, a seneral contractor, on new sics development work, redevelopment work, mobile bone parka~ and cmercial properties, shall nsc be required co subcontract the construction of the ~in eaniCaU sever collection and the water distribution system, not lncludin$ the continuation of utility lines from the uina to the buildings. Further, as to nobile home parks, the [eneral contractor shall not be required to subcontract the continuation of utility limas from the mains, and the continuations are to be considered a part of the main sever collection and main water distribution systems. Nothing in this act shell be construed to require the subcontracting of asphalt roofinl shinlles. (~) 1.6.3. Specialty Contractor - any person who assumes respon- sible charge and direction in the performance of construction work requiring special skills, and hie principle contracting business involves the use of specialized building trades and craftl ~lUally a minor part of a complete structure. Available categories of Specialty Contractors Ihall ha= 1.6,3.1. lCOUltiCal - any person who is qualified to install, maintain, repair, alter, extend, and design ICGlilticll matsriall for the primar~ purpose of preventing loss or gain of heac or sound Ir~ ro~s and/or buildings. The scope o~ york pe~iCCed under this classi~icaCion shall include, buc nsc be l~iCed co, tho installation of grid york ultd to support ceiling panels, including l~inouo ceiling p~ele. 1.6,3.2. Al~inum Including Concrete - those who are qualified co fabrica~e, install, minCain, repair, alter, or exceed accessories such as uccel siding, ~tngo, and prefabricated ro~o, ~ese cofl~racCOrl ney fo~, place reiAforcins s~eel smd uiscellane~s s~eel, ifld pour, pllce, fed finish concrete inciden- tal co an aluminum accessory s~ruc~ure only, on IFad* only. 1.6.3.3. Alumin~'- ~hos~ who are quali~ied ~o fabricate, inlCall, maintain, repair, alter0 or ~cend access~ rios such aa metal siding, a~inga, and prefabricated A. Gutter Installation - Restricted. B. Awning Erection - Restricted. 1.6.3.A. Cabinet and ~lllvork Installation Contractor - Any parson who ie qualified to manufacture, assemble, install, dieu~ntle, maintain, adjust, alter, exceed, and design cabinets and millvork. The scope of psruitted work shall include, but not bo llaiCod Co kitchen cabinets, hasbro,u vanities, accessory cabinets, counters.ps, office .u, 021,,'., 8'7 ~,6.3,5. 1.6.3.6. 1,6,3.7. 1.6.3.8. it,s which heva been unufectured for installation on Job mite locations. Carpentry - those who have the knowledge and skill to install any wood products in · building including. but not limited to, rough frs-ism, structural and n~st~cturel, ttmemae, sheathing, paneling, trion, and csbinetry. A. Carage Doors - Restricted. Concrete Placing end Finishing - those who ere qualified to batch and mix aggregates, c~nt, and water to agreed specifications, to constrict fot~e and framework for the costing end shaping of concrete to place miscellaneous mnbedded steal and to pour, place, and finish concrete. A. Non. ~cructural On-grade Flat Work - Restricted. Demolition -thoea who ora qualified to demolish and remove etr~cturos, ouch as dwellings, co~merciel buildings, and foundations. Drywall - those who are quolified to install UPS~ dr~all products to vo~! and mate1 etude, wood and steel Joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over~ehich the drywall product is to be applied, including the placing of metal studs and runners and all necessary trim. '--"1.6.3.9. Elevator -thoea who ara qualified to install. ~intain, repair, altar, or extend any elevator, d..~bvaitar, or escalator. 1.6.3.10. Epoxy Stone - those who ars qualified to batch and mix aggrelrates, epoxy, hardner, and gravel to epocificationso To construct forms and framework for tho coltinl and shaping of epoxy and aggregate. To pour. place and finish over concrete base, ~,6.3.~1. ?enos grection - any person who ia qualified to 021,,',, 88 1.6.3.12. ~oor Covsrings (no~ ~o include, tile, marble, or terrazzo). 1.6.3.13. Gasoline Tank and Pump - those who are qualified to ~nsta11, maintain, repair, alter, or extend any system used for the storing and dtspensinS of gaso- line. keros,ne, dies,! oils and a:f~ilar liquid hydrocarbon £usls or u~xtures to be used solely connection with Baseline fillinS stations dispensinS fuel to mobile vehicles or naris. ,quipmsnt provided. however, that bulk plants shall not he a part of the stops of such work. 1.6.3.1~. Glass and Glazin$ - those who afl qualified to select, cut. s.nemble, and lnltill all u~kes and kind. of Blass and 81a.s work. and execute the Slazing frames, panels, sash and door and meta~ frames, ornamental dscorations, mirrors, tub. and shower inclosures. A. ^~l Types - thoss Mbo Ire qualified to maintain, repair, a~tsr, or extend any t~on pr~mari~y installsd to prevent loss or of heat from ~ncernal or external sources in pipes..'easels, ducts, or built-up refri~orated boxes or rooms, or acous~ca~ ~. Bu~ldin~s - those who are qua~i~ed to ~---~ ....... · ................ maintain, repair, a~ter, or ~tend any t~oR primarily ~nstalled to prevent ~ons or o~ heat from ro~ oF 1.6.3.16. Landscap~nB. A. L~ Sprinkler S~,Cm, (an7 con~ect~s to a central potable water b7 a ~lcenoed p~btr) - restricted. B. Sod ]nsCa~at~on - 1.6.3.~7. ~athXns - those who are ~a~XfXod to apply and (1~) wood. lypsumj or meca1 lath or any other product prepared or manufactured to provide key or suction bases for the support of plaiter coatings, to provide hangers, channels end other mechanical suspension work for acoustical tile and other prefabricated ceiling m~tarial in such a amnnar that under an agreed specification, acceptable lathing can ba executed and inaCelladt lncludin$ the channel iron work for the support of metal or other firs resistive lath on walls, cailingst or soffits, or for solid plaster partitions. This category shall not include any plaster work. 1.6.3.18. Low Voltage Systems Contractor - chose who are qualified to insCall~ repair, altar, add Cot or design electrical wiring., ftxCures~ appliances, chermosceCs, apparatus! or any parc thereof, vhan those items ere for the purpose of voice communica- tions, or co---ands an part of a sysCemt (a) of alarms, including firs, burglary, robbery, or equip- computers, telephone customer premises equipmenCl (c) to control an air-conditioning~ heatin$, or vantile- tion system; (d) for co~unity antenna television and radio distribution system. 1.6.3.19. Marina, Seawslls, and Docks - those who ara qualified co build and install bulkheads, revetments, ........... "' docks, piers, wharfs, sroins, and ocher marine structures, including pile drivin{. 1.6.3.20. Hasonry - chose who are quelified co select, cut, and lay brick end concrete block or any ocher unit masonry products, lay brick and ocher baked clay products, rough cut end dress scone, ertificial stone end precesc blocks, structure1 glass brick or block, buc shall not pour or finish concrete. 1.6,3.21. Hobile Roma gat-Up (doss not include electric, (16) plunblnE or air conditioning hookups). (Nota~ Pursuant to Section 205.193, FlorXda Statues (1981), no Certificate of Competency shell be required of any duly licensed mobile hone dealer or duly licensed ,oblle home manufacturer, or an employee thereo£, who perfor~s setup operations aa defined in Section 320.822, Florida Statutes (1981).] 1.6.3,22. Painting - those who ara qualified to use spraying equipment es well es hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, vatetproofin$, and ~ay clean and finish roofs. 1.6.~.2~. Paving. A. Co~ercial or Unlimited - those who are quali- ~ed with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facili~es, and ~o perfo~ the excavating, clearin~, and aradin[ incidental thereto. 2. Pavins Blocks - remtricted. B. Residen~ial - ~hoee who are qualified wi~h ~he experience and skill ~o cona~c~ driveways, aide,elks, and pa~ioa, uain~ concrete or asphaltic concrete over ehell or rock base 1.6.~.2~. Plastering and Stucco - ~hoee who are qualified to coa~ surfaces w~h a ~x~ure of ~and or o~her a~re~ate ~sum plaa~er, Per, land ce~n~ or quick- li~t and wa~er, or any c~bina~ou o~ such ~a~erial aa ~o crea~e a pe~nen~ surface coa~l~. Such con~rac~or may par~o~ ~he ~rk of ~he la~hin~ .. 021-,, Ot (17) 1.6.3.25, Roof Coating, Roo~' Painting, and Roof Cleaning - any person who ie qualified to clean, paint or coat a roof by means of pressure-operated equipment, ha~d application or otherwise. Does not include roof repair. 1,6.3,26o Sandblasting - any person who is qualified to operate a sandblasting machine together with a water hydrau- lic Jet. 1.6.3.27. Sign Contractor-Non-Electrical - any person who is qualified to erect, install, repair, alter, extend or · change any ~on-slsctrical sign, provided all work ia performed in accordance with applicable provisions of the Standard Building Code. 1.6.3.28. Solar Heater Installation - those who have the knowlsdss to install, alter, repair, or replace any solar hot water haatins system for residences or for swimmies pools, includins collectors, storaSe and expansion tanks, heat exchansars, pipins, valves, pumps, sensors and low voltase controls which connect to sxistins plumbins and e}ectricel stub-outs. 1.6.3o29o Reinforcin8 Steel - those who are qualified to fabricate, place, and tie steel reinforcins bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete build- less and structures in such a manner that under all agreed specification, steel reinforcins bars (rode) ....................... for concrete buildinss end structures can be fabri- c~ted, placed, and tied. 1.6.3.30. Structural Steel Erection - those who ere qualified to erect structural steel shapes and plates, tnclud- ins such minor field fabrication as may be necessary, of any profile, peri~eter or cross-section, that ara or may be used es structural members for buildinse and structures, lncludinl rivetins, veldin$ and rig$inS, only in connection therewith. (18) 1.6.3,31, ~tructure Hovin~ - any parson who is qualified to lift and secure structures and transport said struc- tures froa one site to another, whether or not such transport is across public roads, includin[ the proper pllc~ant of structures It i nm loclcion. 1.6.3.32. Tennis Court - any person who is qualified to construct, naintain or repair tennis courts, includini the preparation of the surface, drainlll, pavinl, surflce topping, concrete, posts and fancin$, provided, however, that any required electrical installations ~hell only bi performed by · licensed electrical contractor.. 1.6.3.33. Terrazzo - any parson who is qualified to mix, prepare and finish terrazzo. 1.6.3.31. Tile and Harble - those vb~ are qualified to sat tile and marble. 1.6.3.35. Tile, Harbla, and Terrazzo - those who are qualified mix, prepare, and finish terrazzo, prepare the base, set tile end marble. 1.6.3.36. Undsriround Utilities - those who ara qualified to install, maintain, repair, altar, or extend any system of.piping, tublnl, vassals, containers, pumps, apparatus, and appurtenances in connection with such pressure pipin8 used for the circulating, transporting, holdinl, or procassinl of any vapor, fluid, liquid, semi-liquid, or solids, except las. ~"1.6.3.37. Watarproofinl Contractor - Any person who is qualified to apply sealants, coatinla, membranes or other ch~micals unique to the trade of vaterproofing for the purpose of pravantinl water or other deleterious substances from penetrating into or through the exterior envelope of bulldinla or other structures (other than roofinl). 1 l(alter (~9) 93' 1.7. Fell. 1.7.1. 1.7.2. A, glacCr~cian B, Plunber Journeyman A, glectrician B, P~uuber Block and Associates [xa~lnation - $50.00 The annual fee for the issuance of an inactive Certificate of Competency shall be aa follovs~ A. Contractor - B. Specialty Contractor - $40.00 C. Heater - $30.00 1.7.3, D. Journeyman - $10.00 The annual fee for the issuance of · Certificate of Competency shall be es follovs= Contractor 1, Application Fas - $50.00 2, Reneval Fee - $50.00 B. Specialty Contractor 1. Application Fee - ~0.00 2. Reneval Fee - $40.00 C. Heater (non-contractor) 1. Application Fee - $30.00 2. Reneval Fee - $30.00 D. JouYnayman I. Application Fee - $10.00 · ,~s~,., ...... ,,~.. ............ 2. Renewal Fee - $10.00 1.8. Stop Work Orders, If it should become knovn to the Building Director that · construe- tiaa project in Collier County is being acco~plished by uncertifiad or nonexempt persons, the Building Director or his demesnes shall place a stop york order on the relevant portion of the project until such ti~e as a certified contractor ass~es supe~lsion of the const~c~ion project. ~y uncertified and nonex~t person re~ const~ction prior to the r~al of the stop ~rk order by the Buildin[ Director shall be ~ilty of a violation of this O~ce, Ot 1.9. Experience RequLrementl. As a prerequisite to, and al · requirement for, the issuance of a Certificate of Coupecency,.the applicant shall sub. lC satisfactory · vid·nee'of experience in the trade for~leh he da·ire· certification. Contractor's experience shall Be in a supervisory capaci~y. Master's experience shall Be as a Journeyman. Journeyman's experi- ence shall Be as an apprentice or trainee. The specific time re- quires·nra are as 1.9.1. forty eight (48) months. 1.9.2. A. General Contractor Building Contractor C. Residential Contractor D. Journeyman E. Carpentry F. Elevator G. Gasoline Tank and Pump H. Mechanical Contractor I. Underground Utilities Thirty six (36) months. A. Commercial Pool Contractor B. Rs·finS Contractor C. Class A Air Conditioning Contractor D. Concrete Placing and Flnishin$ E. Demolition Drywall Insulation - Unlimited Landscaping J. Low Voltage Contractor K. Marine, Seawalls, and Docks L. ~aaonry Paving No Plastering and Stucco O. Reinforcin~ Steel P. Structural St·al grectiou (~1) bsdmd 1.9.3, TYanty four (24) montheo A. Class B Air ConditioninS Contractor B° Clan, C Air Conditioning Contractor C. Residential Pool Contractor D, Sv~ming Pool Servicing Contractor Sheet Hatal Contractor F. Master (experience as a Journeyman) G. Acouo~ical H. Aluminum Including Concrete I. Asphalt Sealing and Striping - Restricted J. Aluminum Cabinet and Millwork L. Non-structural On-~rade Flat Work - Restricted Epoxy Stone N. Fence Erection O. Floor Coverings P. Glees and Clazing Insulation - Building R. Levn Sprinkler Systems - Restricted S. Hoblle Home Set-Up T. Painting U. Roof CoetinS, Roof P&lntins. end Roof Cleaning ¥. Sandblasting W. Sign Erection - Non Electric X. Solar Heater Installation Y. Structure Hoving AA, Terrazzo BB. Tile and ~rble CC. Tile, Herble and Terrazzo DD. Waterproofing Tvelve (12) months. A. Awning B. Gutter Installation - Restricted C. ~arage Door - Restricted 1.9.&, 1.9.6. 1.9.7. D. Paving ~locke ~® r~Od ~net~ll~tion Electrical Contractor, and Plumbing Contractor, ere not required to have any specific amount of experience but are required to possess the status of meter in their trade. When dsteraining if the applicant possesses the required experience, the Building Director or his desi~ee shall accept the following as proof of experiences A. Affidavits from fomer e~ployers with specifics aa to the number of years experience, work perlomed and any oth,r relevant information[ Copies of other certificates of competency, if any, held in other counties or cities[ C. Affidavits from any buildin$ director in locations where the applicant has worked[ D. Affidavits from any union organisation of which the applicant has been a member, relative to the trade for which the applicant has made application[ Affidavits from any other reasonable source within the trade applt~t for. Education at an accredit~d school my be utilized to satisfy a portion of the experience requiroments of this section. Specifically, each full year of school level work in the field for which application is mede shall be credited to the applicant es .?5 years experience, hut such credit shall be for no more than one-half of the ':::;';:~::~-'~"~'~'"'""~"}otal experience required. PART T~O: CERTIFICATES OF CON~ETENCY - P~, 2.1 Applications. 2.1.1.~y person or ~i~ desirinl ~o ob~ai, a Cer~iticl~ o~ C~e~ency shall ~ke application for such and shell su~i~ such info~i~ aa i, required by this Ordi~nee. 2.1.1. ~hould the applicant be a fi~, the applieati~ ehall be executed by the President of said rim or one legally q~lified to act for the fimvho shall oh~hio author~ (23) to so act on the app~icetion, Zn addition, the applica- tion shall name a qualifying agent authorized to act on behalf of tho firs in all subsequent proceedings, shoving his authority~ A, To act for the fir~ In all ~attere in any manner connected with the contracting business{ and Bo To supervise the construction under the occupational license issued to the firm, 2.1.3. A qualifying aaent may qualify no more than t~o firms at the same tim~, 2,1.t. No application shall be con~idersd unless the applicant supplies all information required by thie Ordinance, Contrector Application - Individuel, Any person desirin8 a certificate of competency shall submit the followin~ inform~tion on forms provided by the Collier County Building ~epartment~ 2.2.1. ! Name of applicant{ 2.2.2. ' Home address end telephon& number{ 2.2.3. Business address and telephone number{ 2.2.1. The name of applicant's busin~ss; 2.2.5. The applicant's proposed contractin$ business{ 2.2.6. The type of Certificate of Competency for ~hich applica- tion is being made{ 2.2.7. ^ complete lilt of ell valid, outstanding debts vhich the applicant refuses to pay and the reasons for such refusal to pay related to the construction industries{ names of tvs persons who viii alvaye know the 2.2.9. 2.2.10. 2,2,11. applicant's whereabouts{ A statement ss to whether the applicant has ever been convicted of · felOny related to the construction industries{ The applicant's business or work experience during the past ten years{ Any for~ml training in the area of competency for vhich application ia m~ds{ .0, 02i,,,,: 98 In addition tn the foregoing information, the applicant shall · teach or lubaiC the following Inform·riehl A. A credit report compiled by a reput·bla Credit Bur·au{ B. A~fidavita aa to the applicant's ho~asty, intagrity~ and good reputation and aa to the applicant's compstenca~ in the area tested, $aid affidavits shall be in substanti- · lly the form issued by the Collier County Building Director or hie designee{ Scores on any approved examination, including Ch· aras of competency tented, cha date of talcing and the place of 2.3. Contractor Applications - Firm. Any firm desiring to be certified aa · competent contr·ctor shall submit the follovin$ information on forms provided by the Collier County Bu~ilding Department! 1. { Name of the firm{ 2. ' Business address and cai·phons number at Ch· firm{ 3, Firm's qualifying ag·uti 4. Proposed contracting business{ 5. Type of Firm's qualifying agent certificate of competency{ 6. Names and addresses of all directors and officers of the firm; 7, ~hare applicable, a copy of a certificate of incorporation; 8. i list of all contracting businesses ovned by the firm 9. A credit report of the firm{ 10. A complete list of all valid, outstanding debts vhich Ch· firm refuses to pay and the reason for ice refusal Co p·y{ 11. Sign·Cure of an authorized officer of the firm, Part 1. 3. The name of the qualifying agent and d·Ce of birth{ The na~e of the firm{ Type of certificate o£ competency for which applicatiou is .0, 021.,,, 99 (;$) &. The bom· addrsss o£ th· qualifying agent; 5. The names of tw~ parsons who will ·lw·ys know the qu·lify- ing agent's vharsaboute~ 6. Su~nit scores c~ any approved examination, including the · rea of coapstency tested, the d·te of Casting and the place of t·sting~ 7. Affidavits in substantially the sams fora ss issued by the Collier County Building Director or hi· dssl~n··~ 8. A st·resent as to whether th· qualifying agent has ever been convicted of · felony related to The construction 9. A co~plete list of all valid, outstanding debts which the qualifying agent refuses to pay and the reasons for his refusal to pay related to the construction industriesl 10. A statement of the qualifying agent's business or work 11. experience during the past tan ye·ret A statement of any formal training of the qualifying agent in the ·re· for which application is sade for · conpetency card. 2.4. Master or Journeyman Application. A. The nm~e of the applicant ~nd date of birthl B. H~r~ address and telephone nunber{ C. Business address ·nd telephone numberl D. Type of certificat~ of competency for which application is being made; The names of Cvs persons who always know the applicant's Submit score on any ·pproved examination, including the ·re· of competency tested, the date of testing and the place of C. A st·Cement of the applicant's business or york experience during the past ten ye·roi H. A statement of any fornal training in the ·rea for which · ppltcicion for competency card La made. 2.~. Standards for the Issuance or Denial of a Certificate of Conpetenc7, 021,,'., 1{30 (26) 2.5.1. 2.5.2. Contractors, The Building Director or his designee, shell issue · certificate of compstancy to the applicant if i~ clearly and aftirmatively appears on the application, es submitted by the applic&n~, thstt A, The application is completsl B. The applicant possesses the experience required by Section 1,9 of this Ordinance{ C. The credi~ report submitted suggests no unusual circumstances vhich vould indicate a failure ~o pay constructinn related bills promptly{ D. The applicant mete one of the following cri~eria: l. The applicant has taken end passed an approved examination in the area of competency for which application has been nods, or 2, The applicant meets the requirements of Section 2.11. E. All required affidavits have been submitted; F. Ail required fees have been paid{ G. The applicant possesses a current Collier County occupe~ionel license; end H. The applicant or the quslifyinB agent is st least lg years of als. In the slternativs, if, in the discretion of the Building Director, the application does not clearly or effiruative- ly shov that the applicant is entitled to · certificate of -~:-;-~"-::::-~-'~;-~.:;--~;;=:;-'~"~competency or if any question ronainl in ~:he mind of the 2.5.3. Building Director, the Building Director shall refer the application to the Contractors' Licenlin8 Board for decision. l~hsn an ·pplicetion is referred to the Contractors~ Licensing Board, the Board shall take testimony frou the applicant and shell accept such other informtion regard- ing the icated craterS& vhich il presented by the appli- cant. Upon the informtion lUbltCtld by the applicant the Contractors' Licensing Board shall determine vhsthsr the applicant ~a qualified or unqualified for the trade in v~ich application has been sade. The reasons for the grant or denial of the application shall affirnatively appear in'the n/suets of the Contractors* Licenstnl Board. The applicant shall be entitled to a Cert~.ficate of Conpetency i£ Competent end substantial evidence is presented to the Contractors' Licensing Board vhich chat the applicant meets all requirenente stated in Subsection 2o5olo Masters and Journeyaen. The Buildin~ Director or his designee shall issue a conpetency card to the applicant if it clearly and afftr- natively appears on the application, as subnitted by Chl applicant, chert A. The application ti couplets; B, The applicant poIlellll Chi experience required by Section 1.9 of this Ordinance; C. The applicant meets one o! the relieving criteria~ 1. The applicant has cakes and passed In exau~na- ties approved by she Contractors' Licensing Board in the area of coupecency for vhich application has been made or, 2. The applicant meets the requireuents of Section 2.1i. D. All required fees have been paid; E. The applicant is at least 18 years of age. In addition Co the foregoing requirements, each applicant shall eubnit the relieving in,emotion aa a prerequisite to the Issuance of a Collier County Conpetency Card~ 2.5.~.1o The individual or fire's state registration nuaber or a ecateuent chat the applicant has uade applica- tion for a state registration nunher (anyone not required to have · state re,la,ration number by ~ap~or ~89 of the Florida 8~a~Cee Is ~cep~ed f~ th~s suboocC~)l (28) 2.5.5.3. 2.5.5.5. 2.5.5.6. "he individual or ttrm's ~adersl ~nts~'~el ~evcnua T·x number] ?roo£ o£ ~nsurance an r·quired hy ~ectlon 2.9 of ,Chi. Ordinancat A statment Chat the applicant has or will neet the vorkmente empensation lays of chis statel Mere applicable, · statment that the applicant has registered his fictitious nme with the Clark of the Circuit Court cf the county where his principle place o! business as ts required by 865.09 of the ?lorida Vhen a Certificate of Competency is issued in the name of a business organization or to one operating under a fictitious name. the certificate shall be in the name of the qualifying individual and the name of the business organization or fictitious nm shall be noted thereon. ~or the purposes of enforcement of this Ordinance, the requira~nenta of this Section shell be dammed to be a portio, of the sppJicatton and any false state- ment made under this Section shall be punished as provided in PART FOUR of this Ordinanc3. 2.6. Approved Examiners. The approved examiners for the purpose of adminlaterinl proctored exams as required by this Ordinance are Block and Associates. 2.7. Examinations - Passing Grade. ~"es~m~s.~-~A passing grade of 75X shall be required on all examinations. 2.8. Examinations - Language Difficulty. If an sli$1ble applicant fails an approved written emination and provides the Contractors' Licensing goard with acceptable proof of lack of comprehension of written examinations, the applicant my petition the Board to be administered an oral examination (lncludinl oral questioning and oral answering) subject to the follovinl conditione= A. The applicant docmNnts the following years of experience in the trade for which application ia nadel ,00, (29) 1, Contractor - 10 years 2, ~ascsr - 6 years B. The applicant files written recmsndatione concerning his competency; C. The applicant is adniniscered only one oral examinstioneithin a period of one year. 2.9. Insurance. Ail licensed contractors shall maintain liability insurance aC all times. Such insurance shall be with in insurance c~psny auchorised to do business in the SCats of Florida, The limits of liability insurance required shall be not less than $100,000 per person, $100,000 par occurrence, and $2~,000 property debase, 2.10. Inactive Statue. 2.10.1. Any person or fir~ Chat holds a valid certificate of competency may place their certificate of competency on i inactive status durinS which tim they shall not ensege in , contracting but nay retain the certificate on an inactive basis and upon the payment of an annual renewal fee as sec forth in Section 1.?.2. 2.10.2. Persone or fires desirins co ac~lvaCe an inactive certif- icate · ay do as by c~lyinS with the require~enCs of Section l.A releCinl to renewals. 2.11. Exa~lnaCions ~oC Required. 2.11.1 No exanina~ion shall be required as a prerequisite for the followinS trades: a. Acoustical b. Asphalt Sealing and Stripin~ (a restrictive category of Pavi~ - requires letter of euChorisetion fro~ ~anufacturer) c. A~ln8 Erection d. Cabinet and ~illeork (vhere installation is include~) e. ~poxy Stone f. Fence Erection Floor Coverings (nec Co include tile, uarble or h. Garage D~rl (a ~eCricc~ su~eaCelo~ of ~c~er Inagallaticn (a reetrActed eu~ace~o~ o~ Al~ln~ sad ~creen gmcloaure) 2.11.2. Landscaping k. Lawn Sprinklar ~ysCa (rutrictsd sub-catagor~ of Landscaping - any connections to a central potable vicar shall be by a Xieenaad master plunbar) 1. Nubile Hone (does not include eleetric~ air conditioning hookups) Non-structural On-Grads F;a~ Wor~ (restricted sub- cacego~ of Concrete ~om~ P~ee ~d Finishing) n, Paving Blocks (restricted sub-eacego~ of Paving) o. Roof Coa~ing~ PiAnO,nS and Cleaning p. ~andblaa~An[ q. S~ Erection (electric hookups hoc r. Sod Installation (restricted eu~cacegory Landscaping) ~C~ccure Waterproofing (hoc Co include roofs) u. Tennis Courts City of Naples, Florida, CerC~ftcaC4 of Competency su~fi- clenc for issuance o~ County Certificate of C~peceney; effect of revocation og City Certificate upon County Certificate. A. Notwithstanding any provision of this Ordinance cbs contras, any person, fl~. or co~oracion ho~dlng a current and val~d Carclfiea~e of C~eceney issued by the City of Naples ~y o~tatn a Certificate of Competency fr~ Collier County by prenlnCing a copy of said CercificaCl of C~pecency Co Chi Collier County BuXld~ng Dlrtccor. or his deli~ee, c~pleCing Chi form prescribed by the Concraccorl' Licensing Board tharafor, seating all County raquiaitas othar than examination for chic trade, and paying chi feel applicable thereto. Such CarcificaCa of Competency shell be subject Co all provieions of this ordinance. and any mnandmlnCs ~hlrato, including, but not limited to, suspension, revocation, restrict/one, limitations and fees lac forth tharain. Any Certificate of Competency issued pursuant to subsection 2.11o2CA) shall be af£ecCivo only eo lonl as the Certificate of Competency issued by the tit7 2.12 2.11.3 of Naples, ?lorida, remains in atfect. In tbs avant the Certificate ol Compltancy issued by the City is revoked, such revocation shall have the effect of nullifying the Certificate of Competency issued by the County pursuant to said 8action. Applicants for certificates of competency in the category of lo~ voltage systems shall not be required to take an examination if ell of the following requirements (1) The applicant makss application on or before December 31, 198§. (2) Tbs applicant possesses a valid occupational license in the trade for which application is made and such occupational license is current as of the sffective date of this Ordinance. (3) The applicant sutmits tbs information required by this ordinance. (4) The applicant meats the experience r~quirements of this ~rdins~ra. Restricted Certificates of Competency. The Contractors' Licensing Board may issue a Certificate o! Competency to an applicant for a certificate in a particular trade which ia restricted to certain aspects of that trade, where,'in the opinion of the majority of said Board, the applicant is qualifisd in thoss certain aspects but not qualified in csrtain other aspects of that trade. ~**~PART THREE~",-THE CONTRACTORS' LICENSLNC BOARD. 3.1. Composition. 3.1.1. The Contractors' Licensing Board shall be compnsed of nine (9) members vho shall ba appointed by tbs Board of County Coumtssioners. The Board of County Co~lssionera may also appoint alternate members as it deems appropri- ate. The nine (9) aambers of tbs Contractors' Licensing Board shall consist of a licensed erchitect, a licams~l general contractor, · licenssd engineer, · licensed elsctricel contractor, · licensed plu~bin~ contractor, · (32) 3.1.2. licensed ~ech~n~cal concrector~ · licensed roofln~ con- tractor, · licensed residential or bulldins contractor end a licensed representative frma one of the other trades or professions requirtns a competency aa provided in Chis Ordinance. This section is mrely direcco~y and failure to have · Berber of each of these trades shall not be Erounds for voidin$ any action of the Board. Internal Operatinl Procedures. A. The Contractorst Licenstn~ Board shall elect · chairman end vice chairman froB iCJ Be~bershipo B. Ter~e of office for each ~eubsr of the Contractorst Licsneini Board shall be tvs years. Each ee~ber shall hold office until hie successor has been appointed end has aeeuuad hie duties on the Board. I. A ~e~ber of the Contractors' Licensins Board Bey be removed fro~ office for any cause by · saJority vote of the Board of County Cove~issioners. 2. Any vacancy occurring during the unexpired tara of office of any ~ber of the Contractors' LiceneinE Board shall be filled by the Board of County Comieelonere. C. Heatings. I. The'Contractors' Licenein~ Board shall hold not lees than four quarterly ~eetinse. 2. Regular weCtn~e shall be called by the Chairman the ~oard, and in hie absence by the Vice Chairman. or in hie absence, the ~oard shall elect · temporary chair~an. 3. Five members shall constitute a quoru~ for any wetins, end · majority vote of those present shall be required Co ~aka any decision. The ~uildtng Director or hie designee shall act Secreta~ to the Contractors* LtcensinS ~ard. For the ~oeo of adminio~rati~ of tho C~tractorot Lite, inS Boa~ My call u~n the ,0o, 107 Buildin$ Director to furnish much temporary enployees il ay bi neCellal'y to carry on or CO assist the ,' Board in parfor~tnI its duties. - [. D~Cill of the Con,rectors~ Lieensins Soardl '~" 1. Upon reference by the Bulldinl Director, decl~ ~ne the qu~lificacioni of applicancl for the varioul ciCeioriel of contractors' certificates of c~pec~cy al measured by Itlndardo stated chis Ordinance. 2, Hold hearings co de~e~ine i~ a certificate c~peCency of any contractor, ~sCir, or J~ ne~an should be discipl~ed under Section ~,2, of ~h~l Ordinance, 3. Direct i c~plfinC Co be filed for prolecuCton of a contractor or ocher person for chi cion of Chil Ordnance, G, ~en cbc ConcracCorl' Licensin~ Board shall have de~e~ined ChaC in Ippl~can~ ~l qualified for particular type si cerc~ficace of c~pecency the c~pecency card shill be issued by the Buildinl Director or his deliinee, 3.2, Appeal of a Decision of the ConcracCor~~ Eicenl~nS Board, 3.2.1. ~y perish asirieved by in adverse deciJi~ of the Contractors' Liceniini Board m~y ippell inch decllion Co ~he Board of County Co~llilonerl in ~iCiflS, rich cached verbic~ record, lup~rcive d~ca, end · fee ~NM,.--, .......... ~enCy-Fi~d Dollars ($2~) Co defray the administrative cost of the appeal vichin fifteen (1~) days after much aggrieved decision Il rendered end reduced Co wriCinl by cbs Contractors~ Llcsnsinl Board, The Board of County Coenissionsrs shall dstemins a date vhsn such appeal shall bm conlidsred and notify the ConcracCorl" LlCsnlinl Board, the appellant and the effected buildini contractor b7 recurs receipt requested nail. 021,,'., 105 (3~) 3.2.3. The beartnl by the Board of County Cou=/eeto~ere she1! be based solely upon the record ,mda before the Contrac- torst LLcensinB B~ard, 3,2.4. The failure of a licsusad contractor or conplainant to appeal a dec/a/on of the Contractorst Licensin8 Board within fifteen (15) days after such decision is rendered shells aka such decision final, PART FOURz STANDARDS OF CONDUCT AI~ DXSC~PL~NE, ~,1, N1sconduct by a C~F~C~oFo The foliates settees by a licensed contractor shall cons~t~u~t mlsconduc~ ConbintnS or conspiring with an unapprovtd contractor by all~n~ ono*a certtftca~e of c~pet~cy rs bd used by an unlicensed contractor to evade tho provisions of this Ordinance. ~en a licensed contractor acco 88 the quali- fying agen~ for any ft~ vt~hou~ ftrs~ ~ktng application under ~his Ordinanc~ to rsprnssn~ said ~in~ ~ch act shall cons~ituta prisa faci~ nvidancn of a viola~ion of the provisions of this Ordinate. 6.1.2. Con~rac~ ~o do any work ou~n~da of tho scop~ of his c~pa~nncy an lis~ad on his c~pa~ancy card and as d~in~l in ~his Ordinance or as rss~ric~d by ~ha Con,racKers~ Llcansin~ ~oard. 1,1.3. Abandon without legal excuse a co~q~c~ton project or opara~ion in which ho ia engaged or under con~rac~ as a CO~tFAC~OF, -~--~-::--"'~;--:~':;=--'4.1;I,'''' Divert funds or property received for the execution of · specific contract project or operation or divert funda aarmerka~ for a specified purpose to shy other usa whatsoever. ~.1,5, Depart from or disregard in any B~tarlal respect the plans or specifications of a conatr~ctlon Job without the consent of the owner or his duly authorisad representative. A,l,6, Disregard or violate, in the psrfornance of hie contrac- ,os, (2~) ins business, any of ~he building, safety, health, insurance or workmen'e co~peneation laws of the Stats of Florida or ordinances of this County. Falsify or misrepresent any ua~erial fact in his applica- tion and suppor~inS paperu for the purpose of ob~aining a Certificate of Competency under chis Ordinance. Fail to fulfill his contractual obligation through inability Co pay all creditors for material furnished or work or services performed in ~hs operation of hie busi- ness for which he is licensed hereunder. Aid or abe~ an, unlicensed person Co evade the provisions of this Ordinance or allow his license Co be used by an 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, Do any fraudulent act as & contractor by which another is substantially injured. Fail co make good faulty workmanship obviously performed or faulty ma~erial& obviously installed in evasion of performance of the contract ur apecifica~ions agreed upon under cbt terns of the contract. Failure to maintain at all times, with en insurance pany authorized to do business in the State.of Florida, the limits of' liability insurance required by any other applicable law or authority having Jurisdiction, but not less than $I00,000 per parson, $100,000 per occurrence, -;~; --~-~-=~-;;':~'------~~~"~'~'and ~25,000 property damage. ~.1.13. Failure co file certificates, signed by the qualified agent of the insurer, with the Secretary of the Contrac- tors' Licensing Board shoving the type of policy issued, the policy number, the name of the insurer, the effective date of the policy, an agreement by the insurer to give 30 days written notice by mail to the Secretary of the Contractors' Liceusin$ Board of the intent ~o cancel the policy. ~pon verificeClon of cencella[lon of insurance, the Secretary of the Contractors* Llcenein8 Board ehLll (36) tractor by the Contractors~ LicsneinB Board. 4.1.16. [allure to appear in person or through · duly euthorissd representative at any scheduled hearing on a eo~plaint filed against the contractor. 4.1.17. Conviction of a felony relating to contracting. 4.1.18. Incompetence or negligence in conducting work which is in violetio~ of existing codes. 4.1.19. Taking I qualifying exa for another. 1.1.20. Engaging in business during a period of suspension. Disciplinary Proceedings. 4.2.1.Upon its own motion, the Contractors' Licensing Board amy initiate disciplinary proceedings against a licensed contractor, &.2,2, Any person who believes that · contractor holding · Certificate of Competency has violated Section 4ol of this Ordinance may file a sworn co~plsint with the Secretary to the Contractors' Licensing Board on s for~ provided by the Secretary with a fee of $50.00 to defray the ad~lnietre- t/on costs of the complaint. The complaining party shall state with particularity which portion of this Ordinance has baas violated by the contractor. The complaint fot~ shall be substantially ss issued by the Building Director Upon receipt of a charge of misconduct by the Contractors' Licensing Board or a private party, the Building Director or his designee shall send. by certified ail, return receipt requested, · letter to the licensed contractor at hie lee~ ~o~ ~ddreee~ ~e eh~ by the records of the Contractors~ Lieenetni Boi~. indicitinl~ A. ~e n~e of the c~pl~nt. 07) . 4.2.3. C. The section of the Ordinance ·lleged to ba violated. D. The date, tine and pl·ce ac which the qualified contractor is to appear before the Contractors' Licensing Board for d~sposicion of the complaint. The date scheduled shall be not sooner than 20 days from the mailing date of the certified letter. An administrative he·ring shall be held concerning the complaint and it shall be open to the publio. The he·ring itself shall be governed by the following rulesl A. The proceedings at the hearing sh·ll be recorded and may be transcribed at the expense of the party requesting the transcript. 1. Any party may h·ve · court reporter present at the hearing at his own expense. 2. Neither Collier County nor the Contractors' Licensing Board shell be responsible for any failure of recording equipment during the conduct of the hearing. B. Tbs hearln8 need not be conducted ·ccording to technical rules relating co evidence and witnesses. Any evidence shall be admitted if the Board finds lC t,, be competent and reliable, regardless of the exis~ence of any co, nmos law or statutory rule which might make improper the admission of such evidence. ~earsay evidence may be used ~or the purpose of supplementing or expl·ining any direct evidence but ..... shall hOC be sufficient in itself co support · finding unless it would be admissible in civil actions. ~rrelevant and unduly r~petitioue evidence shall be excluded. The rules of privilege sh·ll be effective to the sane extent Chac Choy are now or hereafter may be recog~ised in civil actions. C. ~ch party shell have the right co call and e~a~tne witnesses; to introduce exhibita; co cross-examine opposing witnesses on Bays actor relevant tn the issues even thoulh that matter vas not covered in the ¢38) direct exanination; to ~npeach any v~tnass regardless of vhich party,£irst called h~Jn to cast,fyi and to ..... · rebut.any evidence against h~n. up~ th. e~pla~nt ~thin ~v. (~) votkln; d~ys a~t.~ the close of the h.a;tn;. At the t~e o~ desists, the Cent;actors' Lie.ns~n; Board shall stat. tr. ~nd~s ~act. eonelusi~, o; lay, and the .paetf~e dlapoett~ the c~latnt. ~a f~ndlns., conclusions and a~all be Xn substantially the ~o11~n; Nasa of C~plal~nt~ N~. of Conttactot: Data of Section. of Ordinance alleged to be violated; Findings of Fact: Contractor has violated the folloving sections of Ordinance . The Contractor has not violated the relieving sections of Ordinance . 1. 2. 4.2.6. Suspension, / / Revocation, / / Duration J%HY ?A]tTYMAY APP~kL TI{IS D~ISZ~ l~ DAYS AT ITS ~ITIOH, and the Secre~a~ ~o ~he Board shall, v~h~n ~ive (~) vorking days after the dilpOli~ion of the c~pla~nC, illUi a copF of the findinss to the licensed con~racCor nd Co the c~plaiunC by cerC~fied nail, Board may revoke a concracCorto cerc{fica~e o{ c~peCency, suspend a concraccor*f certificate of c~peCency, hpole any lesser penalty, or ~ke i f~nd~n~ ~haC Chore ~l no cluie ~or pu~Civi Ic~ion. ~l Boerd ii entitled Co no ocher dilcipl{na~ action. ~y d~,cipl{nlry ica{on clkln by ~he Con~ric~or~' · ln~ Baird ihlll oplraCl fr~ the day the decision ~ rendered. ~l dec{lion ~hall be considered rendered a uJoricy yeti by chi Concric~orl' ~lcenlin~ Boerd {n f~vor off ~uch action, m~d after ~uch dec{~on ~l riducld co vric~n~. PART FIVE. ~.1. Repeal of Previous Ordi~ances. Ordinance Numbers 78-2, 78-13, 78-54, 78-$5, 78-66, 79-02, 81-71, 82-70, 82-78, and 83-37 are hereby repealed as of the effective data -"=~-=:-"""'.of this Ordinance. $.2. Penalties for Violation. 5.2.1. Any person or firm who violates Chis Ordinance or fails to couply with any of les requirmn~o ohll be ~niohed as provided by law. Kach day such viola~i~ c~lnues shell be considered a separate offense. 5.2.2. ~e Board of Co~y C~issiontrs may Cake any l~ful action, includinS, ~ no~ li~ed to, reoor~ ~o squiggle ac~l~ ~ is neceooa~ Co prevou~ or ~o rmdy ~y Cion of ~hio O~lnanco, ,,, (40) Conflict. In the event this Ordinance conflicts vtth any other ordinance of Collier County or any eemicipality therein or other applicable lay, the ~ora reltrictiva ihal! apply, Severability. It lJ the iatemtiou of the Board of County CommisJionera that each separate provision of this Ordinance shall be deemed independent o£ all provisions herein, and it ia further the intention of the Board of County Comateaionere that if any provision of this Ordinance be declared to be invalid, all other provisions shall remain valid and eniorceable. §.5. Effective Date. This Ordinance shall beco~e effective upon notice that it has bean received by the Office of the Secretary of State. PASSED AND DUI.¥ ADOPTED by the Board of County CoBissionera of Collier County, Florida on this 6th j'...' ? .' ~:~..~f~. ~,~. c~,~k Approved ~ to fo~ and legal eufficiency: ICEI~TH S.. CtrfLgR ~' Asei,tant County Attorney day of Augueg , 1985, BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTT, FLORIDA ~EDE~IcK J. ross, Chair..n ¥ ~~-STATE OF irLORIDA ,..) ...... COUNTY OF COLLIER ) I, WILLIAM J, REAGAN, Clerk of Courts in and for the T~enCteCh Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing La a true original of: ORDINANCE 85-42 which was adopted by the Board of County Co~issionera during Regular Sesmion the 6th day of August, 1985. WITNESS my hand and the official seal fo the Board of County Coee~lss/onera of Collier County, Florida, this ach day of Augu. t, ~ .....,.~.., ~,.. Clark ot Courts Clerk ~f[lcio [oard oft~ C~[O~r~ .,.,. ~~ ~-,% .,..'....*,,,,~:f~ ,= i.',,115 <,,) ,,...,