Ordinance 78-02ORDINANCE 78 - 2
AN ORDINANCE REQUIRING CERTIFICATES OF COMPETENCY IN
CERTAIN BUILDING TRADES; PROVIDING FOR EXEMPTIONS;
LIMITING THE. ISSUANCE OF BUILDING PERMITS TO COMPE-
TENT OR EXE}~T INDIVIDUALS; RECOGNIZING CURRENT
CERTIFICATES OF COMPETENCY; REQUIRING IDENTIFICATION
OF CONTRACTORS; REQUIRING MAINTENANCE OF CONTRACTING
SKILLS; DEFINING THE TRADES FOR WHICH A CERTIFICATE
OF COMPETENCY IS REQUIRED; PROVIDING FOR THE DURATION
OF A CERTIFICATE OF COMPETENCY; PROVIDING FOR FEES
AND PRORATION OF FEES; PROVIDING FOR A STOP-WORK
ORDER WHERE A CONTRACTOR DOES NOT POSSESS A CERTI-
FICATE OF COMPETENCY; PROVIDING AN APPLICATION PRO-
CEDURE FOR CERTIFICATES OF COMPETENCY; PROVIDING
STANDARDS FOR THE ISSUANCE OR DENIAL OF AN APPLICA-
TION OF A CERTIFICATE OF COMPETENCY; PROVIDING FOR
RENEWALS; PROVIDING FOR INACTIVE STATUS; PROVIDING
FOR APPROVED EXAMINATIONS; PROVIDING FOR RESTRICTED
SPECIALTY LICENSES; PROVIDING FOR PROVISIONAL LICENSES;
PROVIDING FOR A BUILDING CONTRACTORS' LICENSING BOARD;
PROVIDING FOR THE OPERATING PROCEDURES OF THE BUILDING
CONTRACTORS' LICENSING BOARD; PROVIDING FOR APPEALS
FROM THE BUILDING CONTRACTORS' LICENSING BOARD;
PROVIDING FOR INITIATION AND ADMINISTRATION OF
DISCIPLINARY PROCEEDINGS AGAINST CONTRACTORS;
PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR
PENALTY, CONFLICT, SEVERANCE, REPEAL OF ORDINANCE
75-57 AND AN EFFECTIVE DATE.
INDEX:
PART ONE:
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
CERTIFICATES OF COMPETENCY REQUIRED.
Unlawful to Contract without a Certificate of Competency.
Building Permits.
Exemptions.
Recognition of Cert,i, ficates of Competency Validly
Issued Pursuant to Collier County Ordinance 75-57
Renewal of Certificates of Competency.
Identification ,;f Vehicles. '
Definitions of Trades and Businesses Governed
the Operation of this Ordinance.
Fees.
Stop Work Orders.
Experience Requirements.
INDEX (Continued)
PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE.
2.1 Applications.
2.2 Contractor Applications - Individual.
2.3 Contractor Applications - Firm.
2.4 Master or Journeymen Applications.
2.5 Standards for the Issuance or Denial of a Certi-
ficate of Competency.
2.6 Approved Examiners.
2.7 Examinations - Passing Grade.
2.8 Examinations - Language Difficulty.
2.9 Affidavit Forms.
2.10 Insurance
2.11 Inactive Status.
2.12 Examinations Not Required.
2.13 Restricted Certificates of Competencx.
PART THREE: THE BUILDING CONTRACTORS' LICENSING BOARD
3.1 Composition
3.2 Appeal of a Decision of the Contractors' Licensing
Board.
PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE.
4.1 Misconduct by a Contractor.
4~2 Disciplinary Proceedings.
PART FIVE:
5.1
5.2
5.3
5.4
5.5
Repeal.
Penalties for Violation.
Conflict.
Severabtlity.
Effective Date.
PART ONE: CERTIFICATES OF COMPETENCY REQUIRED.
1.1 Unlawful to Contract without a Certificate of Competency.
It shall be unlawful for any person, firm, or corporation
to engage in any business or act in the capacity of a
contractor or subcontractor for any of the trades
listed in Section 1.7 of this Ordinance or to act in
the capacity of a master or Journeyman, within the
unincorporated area of Collier County, without having
first made application for and been issued a current,
valid Certificate of Competency. Nothing herein shall
be construed to mean that there cannot be workers in a
trade who are not qualified or certified within the
definitions herein set forth if such workers are employed
by a qualified contractor and are working under the
supervision of a master or journeyman at the job site.
1.2 Building Permits.
1.2.1. No building permit shall be issued for the
construction, alteration, or repair of any
structure unless the applicant for the permit
possesses a current Collier County Certificate
of Competency or is exempt from the operation
of this Ordinance.
1.2.2. It shall be unlawful for any owner-builder to
procure a building permit when, in fact, such
owner-builder intends to aid or abet an un-
licensed contractor to perform the permitted
construction, alteration, or repair.
Such conduct shall be considered criminal fraud
and shall be punishable as a violation of this
Ordinance.
1.3 Exemptions
1.3.1. Owners - Builders.
Owners of property, building or improving
farm outbuildings or one or two family
residences on such property for the occu-
pancy or use of such owners and not offered
1.3.2.
1.3.3.
1/3.4.
for sale or lease, or b~.ilding or improving
commercial buildings at a cost of under
$25,000 on such property for the occupancy
or use of such owners and not offered for
sale or lease. In all actions brought under
Section 1.1, proof of the sale or lease, or
offering for sale or lease, of such struc-
ture by the Owner within 12 months after
completion of same is presumptive evidence
that such structure was undertaken for pur-
poses of sale or lease.
Public Works. The provisions of this Ordinance
shall not apply to contractors bidding on or
performing public works for a municipal, county,
state, federal government or other public body.
Alterations or Repairs. Any alterations or
repair of improved property, where the fair
market value of the alteration or repair does
not exceed the total sum of $50.00.
Persons holdin~ current State Certificates
of Competency. Any person holding a current
State Certificate of Competency is exempt
from obtaining a Collier County Certificate
of Competency for that trade for which ha is
certified by the State. Such person is
required to possess a current occupational
license issued by the Tax Collector of Collier
County, and his performance as a contractor
shall be subject to all other requirements
of this Ordinance not in conflict with
Chapter 468, Part II of the Florida Statutes
as may be amended from time to time.
1.4.
1.5.
1.5.4.
1.6
RecoKnition of Certificates of. Competency Validly
Issued Pursuant to Collier County Ordinance 75-57.
1.4.1. Every person or firm under the terms of
Collier County Ordinance 75-57 who possesses
a permanent certificate of competency, is
hereby entitled to a certificate of competency
under this Ordinance providing that he com-
plies with the renewal provisions herein.
Such certificate shall be subject to all
restrictions and limitations previously re-
quired under Ordinance 75-57.
Renewal of Certificates of Competency.
1.5.1. Beginning September 30, 1978, Certificates of
Competency shall expire biennially at midnight
on September 30th of each even numbered year.
1.5.2. The Building Director shall mail renewal
notices to all licensed contractors at least
two months prior to the expiration date of the
licenses.
1.5.3. Applicants for renewal must present the Secretary
for the Contractors' Licensing Board with the
following:
a. Evidence of insurance as required by
Section 2.10 of this Ordinance.
b. A current Collier County occupational
license.
Any contractor failing to renew his competency
certificate prior to its expiration shall be
required to make reappltcation.
Identification of Vehicles.
1.6.1. Beginning with the period October 1, 1978
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1.7
through September 30, 1980, all contractors
certified under the provisions of this Ordinance
shall be required to firmly affix a decal,
showing the outline of Collier County, to the
right front windshield of all Company or Con-
tractor owned vehicles used in their trade or
business. Decals shall be color coded and
new colors shall be utilized for each biennial
licensing period. Decals shall be available
to all licensed contractors, at no cost,
at the office of the Building Director.
Each ~ecal shall be serially numbered and the
numbers given to each contractor shall be
recorded by the Building Director for ready
identification.
1.6.2. Upon the sale of any vehicle to which a decal
has been affixed it shall be the contractor's
duty to remove all Collier County decals.
Definitions of Trades and Businesses Governed by
the Operation of this Ordinance:
1.7.1. Contractor - the person who is qualified for
and responsible for the entire project contracted
for and means, except those herein exempted,
the person who, for compensation, undertakes
to, or submits a bid to, or does himself or by
others, construct, repair, alter, remodel, add
to, subtract from, improve any building or
structure, including related improvements to
real estate for others, or for resale to others,
as hereinafter defined however, a "contractor"
shall subcontract the electrical, mechanical,
plumbing, roofing, sheet metal, swimming pool,
and air-conditioning work for which a local.
examination for a certificate of competency or
a license is required, unless such contractor
holds a Collier County or State certificate of
competency or license of the respective trade
category, as required by the appropriate local
authority.
1.7.2 General Contractors - those whose services are
unlimited about the type of work which they may
do as set forth in 1.7.1.
1.7.3. Buildin~ Contractors those whose services are
limited to construction of commercial buildings
and single or multiple dwelling residential
buildings, neither to exceed three stories in
height, and accessory use structures in connection
therewith, or those whose services are limited
to remodeling, repair, or improvement of any
size building if the services do not affect the
structural members of the building.
1.7.4. Residential Contractors - those whose services
are limited to construction, remodeling, repair,
or improvement of one or two family residences
not exceeding two stories in height and acces-
sory use structures in connection therewith.
1.7.5. Sheet Metal Contractor - one whose services are
unlimited in the sheet metal trade and who has
the experience, knowledge and skill necessary
for the manufacture, fabrication, assembling,
handling, erection, installation, dismantling,
conditioning, adjustment, alteration, repair,
servicing and design when not prohibited by law,
of ferrous or nonferrous metal work of U.S. No.
10 gauge or its equivalent or lighter gauge and
other materials used in lieu thereof; and air
handling systems including the setting of air
1.7.6.
1.7.7.
handling equipment and'reinforcement of same and
including the balancing of air handling systems.
Roofing Contractor - one whose services are
unlimited in the roofing trade and who has the
experience, knowledge and skill to install,
maintain, repair, alter, extend, or design when
not prohibited by law, and use materials and
items used in the installation, maintenance,
extension, and alteration of all kinds of
roofing and waterproofing, all in such matter
as to comply with all plans, specifications,
codes, laws, and regulations applicable thereto.
Mechanical Contractors - those whose services
are unlimited in the execution of contracts
requiring the experience, knowledge and skill
to perform the following: Install, maintain,
repair, fabricate, alter, extend or design,
when not prohibited by law, central air conditioning,
refrigeration, heating and ventilating, in
connection with a complete system only to the
extent such duct work is performed by the
contractor necessary to make complete an air
distribution system, boiler and unfired pressure
vessel systems, 'lift station equipment used in
connection therewith, also piping insulation of
pipes, vessels, and ducts, pressure and process
piping, pneumatic control piping, gasoline
tanks and pump installations and piping for
same, fire sprinkling systems and standpipes,
air piping, vacuum line piping, oxygen lines,
nitrous oxide piping, ink and chemical lines,
fuel transmission lines, and installation of
a condensate drain fromf'.a~ air conditioning
unit to an existing safe waste or other
approved disposal other than direct connection
1.7.8.
to a sanitary system, all in such a manner
as to comply with all plans, specifications,
codes, law~, and other regulations appli-
cable thereto. The scope of work for such
contractor shall also include any excavation
work incidental thereto, but shall not in
clude any work such as liquefied petroleum
or natural gas fuel lines within buildings,
potable water lines or connections thereto,
sanitary sewer lines, swimming pool piping
and filters and electrical power wiring.
Class A Air Conditioning Contractor - a person
whose services are unlimited in the execution
of contracts requiring the experience, knowledge,
and skill to perform the following: install,
maintain, repair, fabricate, alter, extend, or
design, when not prohibited by law, central air
conditioning, refrigeration, heating and ventilating,
including duct work in connection with a complete
system only to the extend such duct work is
performed by the contractor necessary to make
complete an air distribution system, boiler and
unfired pressure vessel systems, and all appurtenances,
apparatus, or equipment used in connection
therewith; also 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
to an existing safe waste or other approved
disposal other than a direct connec%ion to a
sanitary system, all in such a manner as to
comply with all plans, specifications, codes,
laws, and regulations applicable thereto. The
scope of work for such contractor shall also
include any excavation work incidental thereto,
but shall not include any work such as lique-
fied petroleum or natural gas fuel lines within
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buildings, potublc waturlines or connections
thereto, sanitary sewer lines, swimming pool
piping and filters, and electrical power wtrinE.
1.7.9. Class B Air ConditioninE Contractor - any
person whose services are limited to twenty-
five tons cooling and five hundred thousand
B.T.U. heating (in any one system) in the
execution of contracts requiring the experience,
knowledge, and skill to perform the following:
install, maintain, and repair, fabricate,
alter, extend or design when not prohibited by
law, central air conditioning, refrigeration,
heating and ventilating, including duct work in
connection with a complete system only to the
extent such duct work is performed by the
contractor necessary to make complete an air
distribution system being installed under this
classification; also, 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
disposal other than a direct connection to a
sanitary system, all in such a manner as to
comply with all plans, specifications, codes,
laws, and regulations applicable thereto.
1.7.10. Class c Air Conditioning Contractor - any
person whose business is limited to the servicing
of air conditioning, heating, or refrigeration
systems, including duct alterations in connection
with those systems they are Servicing. No
examination, registration or certification is
required under this part for the sales, service.
or installation of package heating or air
conditioning units with no ducts or remote
controls (maximum of three tons, thirty-six
thousand B.T.U. in capacity).
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1.7.11.
1.7.12.
Class A Pool Contrac6or - any person whose
scope of work involves, but is not limited to,
the construction, repair, water treatment, and
servicing of all swimming pools, both public or
private or otherwise, and used for therapy,
swimming, or other use. This work shall include,
but not be limited to, layout, excavation,
operation of construction pumps for dewatering
purposes, steelwork, installation of light
niches, pouring of floors, guniting, fiberglassing,
installation of tile and coping, installation
of all perimeter and filter piping, installation
of all filter equipment and chemical feeders of
any type, plastering of the interior, pouring
of decks, construction of equipment rooms or
housing for pool equipment, and the installation
of package pool heaters. However, the scope of
work of such contractor shall not include
direct connections to a sanitary sewer system,
electrical supply or to potable waterlines.
Class B Pool Contractor - any person whose
scope of work involves, but is not limited to,
the construction, repair, water treatment and
servicing of all residential swimming pools
used for therapy, swimming, or other use. This
work shall include, but not be limited to,
layout, excavation, operation of construction
pumps for dewatering purposes, steelwork,
installation of light niches, pouring of floors,
guniting, fiberglassing, installation of tile
and coping, installation of all perimeter and
filter piping installation of all filter equipment
and chemical feeders of any type, plastering of
the interior, pouring of decks, installation of'
housing for pool equipment, and the installation
of package pool heaters. However, the scope of
work of such contractor shall not include
direct connections to a sanitary sewer system,
electrical supply, or to potable waterlines.
1.7.13. Class C Pool Contractors - those contractors
whose scope of work involves the servicing,
repair, water treatment, and maintenance of all
swi~=ning pools, both public and private. They
shall be permitted to make any necessary piping
and repairs, to replace and repair all existing
equipment, or to install new additional equipment
as necessary. Their scope of work shall include
the reinstallation of tile and coping; repair
and replacing of all piping, filter equipment,
and ghemical feeders of any type; replastering;
repouring of decks; and the reinstalling or
addition of pool heaters.
1.7.14. Plumbin~ Contractor - any person who assumes
responsible charge and direction of other
persons in the installation of plumbing, which
means all work done in connection with the
installation, maintenance, extension and alteration
of all piping fixtures, appliances, and appurtenances
thereto, and all apparatus where equipment used
in connection with the water supply and sewage
disposal system inside of or attached to a
building, lot or premise. Said individual or,
in the case of a firm, said qualifying agent
shall be a master plumber.
1.7.15. Electrical Contractor - any person whose services
are unlimited in the electrical trade field and
who has the experience, knowledge, and skill to
install, repair, alter, add to, or design, when
not prohibited by law, electrical wiring,
fixtures, appliances, raceways, conduit or any
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part thereof, wh'%ch generates, transmits,
transforms or utilizes electrical energy in any
form for light, heat, power, or communication,
including the electrical installations and
systems within plants and substations, all in
such manner as to comply with all plansl specifications,
codes, laws, and regulations applicable. Said indi-
vidual or, in the case of a firm, said qualifying
agent shall be a master electrician.
1.7.16. Marine Contractor - any person who constructs
seawalls, docks, drives piIing for building
construction, or performs similar duties.
1.7.17. Specialty Con~ractor - any person who assumes
responsible charge and direction in the performance
of construction work requiring special skills
and his principal contracting business involves
the use of specialized building trades and
crafts usually a minor part of a complete
structure. Available classifications of specialty
contractors shall be as follows:
4
5
6
7
8
9
10
11
12
13
14
Acoustical and insulating;
Awning and aluminum erection;
Cabinet and millwork (where installation
is included);
Carpentry;
Cement, concrete and masonry;
Demolition;
Elevators;
Plastering, lathing, stucco, and drywall;
Flooring;
Glazing and window installation;
Painting;
Sandblasting;
Pneumatically placed concrete
Siding;
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26.
27.
1.7.18 Master.
1.7.19 Journeyman.
Fees.
1.8.1.
1.8.2.
1.8.3.
15. Tile, marble'and terrazzo;
16. Steel, reinforced iron and structural
steel erection;
17. Fences;
18. Well drilling;
19. Lawn sprinklers;
20. Paving and asphalt sealing;
21. Excavation, dredging and landfill;
22. Septic tanks;
23. Garage doors;
24. Tennis Courts;
25. Mobile home installation ( not including
air conditioning, plumbing, and electrical
hook-ups);
Seawalls and docks;
Underground utilities contractors;
Examination - $50.00
Inactive Status - $10.00 (biennially)
The biennial fee for the issuance of a Certificate
of Competency shall be as follows and shall be
prorated biannually for new applicants:
a. Contractors
(1) Application Fee - $50.00
(2) Renewal Fga - $50.00
b. Specialty Contractors
(1) Application Fee - $40.00
(2) Renewal Fee - $40.00
c. Masters
(1) ,Application Fee - $30.00
(2) Renewa~ Fee - $30.00
d. Journeymen
(1) Application Fee - $10.00
(2) Renewal Fee - $10.00
1.9. ~top Work Orders.
If it should become known to the Building Director that
a construction project in Collier County is being
accomplished by uncertified or non-exempt persons, the
Building Director or his designee shall place a stop
work order on the relevant portion of the project until
such time as a certified contractor assumes supervision
of the construction project. Any unterrified and non-
exempt person resuming construction prior to the removal
of the stop work order by the Building Director shall
be guilty of a violation of this Ordinance.
1.10. Experience Requirements.
As a prerequisite to, and a requirement for, the
issuance of a Certificate of Competency, the applicant
shall submit satisfactory evidence of experience in the
trade for which he desires certification.
Contractor's experience shall be in a supervisory
capacity.
Master's experience shall be as a Journeyman. Journey-
man's experience shall be as an apprentice or trainee.
The specific time requirements are as follows:
1.10.1. Forty eight (48) months.
a. General Contractor
b. Building Contractor
c. Journeymen
d. Residential Contractor
e. Cabinet and Mtllwork (where installation
is included)
f. Carpentry
g. Elevators
h. Mechanical Contractor (experience as a
Journeyman in a mechanical trade)
1.10.2. Thirty six (36) months.
a. Class A Pool Contractor
b. Roofing Contractor
c. Class A Air Conditioning Contractor
(experience as a Journeyman in the air
conditioning trade)
1.10.3
d. Cement, concrete.and masonry
e. Demolition
f. Plastering,lathing, stucco and drywall
g. Steel and reinformed iron and structural
steel erection
h. Alteration and repairs
J. Paving and Asphalt Sealing
k. Excavation, Dredging and Landfill
1. Septic Tank
m. Mobile Home Installation
n. Seawalls and Docks
o. Marine Contractors
Twenty four (24) months.
a. Class B Air Conditioning Contractor
(experience as a Journeyman in the
air conditioning trade)
b. Class C Air Conditioning Contractor
(experience as a Journeyman in the
air conditioning trade)
c. Class B Pool Contractor
d. Class C Pool Servicing Contractor
e. Sheet Metal Contractor
f. Master (experience as a Journeyman)
g. Acoustical and Insulating
h. Awning and Aluminum Erection
i. Flooring
j. Glazing and Window Installation
k. Painting
1. Pneumatically applied concrete
m. Sandblasting
n. Siding;
o. Sign Erection
p. Tile, Marble and Terrazzo
Fences
r. Lawn Sprinklers
s. Garage Doors
t. Tennis Courts
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1.10.4
1.10.5
1.10.6
Electrical Contractors and Plumbing Contractors
are not required to have any specific amount of
experience but are required to possess the
status of master in their trade.
When determining if the applicant possesses
the required experience, the Building Director
shall accept the following as proof of experience:
a. Affidavits from former employers with
specifics as to the number of years
experience, work performed, and any other
relevant information;
b. Copies of any other certificates of competency
held in other counties or cities;
c. Affidavits from any building director in
locations where the applicant has worked;
d. Affidavits from any union organization of
which the applicant has been a member,
relative to the trade for which the appli-
cant has made application;
e. Affidavits from any other reasonable re-
ference not including relatives, business
partners, supply houses or fellow employees.
Education at an accredited college may be
utilized to satisfy a portion of the experience
requirements of this section. Specifically,
each full year of college level work in the
field for which application is made shall be
credited to the applicant as .75 years
experience.
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PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE.
2.1. Applications.
2.1.1. Any person or firm desiring to obtain a Certificate
of Competency shall make application for such
certificate and shall submit such information
as is required by this Ordinance.
2.1.2. Should the applicant be a firm, the application
shall be executed by the President of said firm
or onQ legally qualified to act for the firm
Who shall show his authority to so act on the
application. In addition, the application
shall name a qualifying agent authoriz~d to act
on behalf of the firm in all subsequent proceedings,
showing his authority:
a. To act for the firm in all matters in any
manner connected with the contracting
business; and
b. To supervise the construction under the
occupational license issued to the firm.
2.1.3, A qualifying agent may qualify no more than
two firms at the same time.
2.1.4. No application shall be considered unless the
applicant supplies all information required by
this Ordinance.
2.2. Contractor Applications - Individual
Any person desiring to be certified as a competent
contractor shall submit the fu!lowing information on
forms provided by the Collier County Building Department.
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5.
2.2.6.
Name of applicant;
Home address and telephone number;
Business address and telephone number;
The name of applicant's business;
The applicant's proposed contracting business;
The type of Certificate of Competency for
which application is being made;
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2.3.
2.2.7.
A complete list of ali valid, outstanding
debts which the applicant refuses to pay
and the reasons for such refusal to pay;
2.2.8, The names of two persons who will always
know the applicant's whereabouts;
2.2.9. A statement as to whether the applicant
has ever been convicted of a felony;
2.2.10 The applicant's business or work experience
during the past ten years.
2.2.11 Any formal training in the area ~f competency
for which application is made;
2.2.12 A statement as to whether the applicant has
ever been adjudged bankrupt.
In addition to the foregoing information, the applicant
shall attach or submit the following information:
a. A sworn financial statement;
b. A credit report compiled by a reputable
Credit Bureau;
c.. Affidavits as to' the applicant's honesty,
integrity, and good reputation and as to
the applicant's competence. Said affidavits
shall be in substan~ial£y the form required
by Section 2.9. of this Ordinance.
d. Scores on any approved examination, including
the area of competency tested, the date of
testing and the place of testing.
Contractor Applications Firm.
Any firm desiring to be certified as a competent contractor
shall submit the following information on forms provided
by the Collier County Building Department.
a. Part 1:
1. Name of the firm;
2.Business address and telephone number of
the firm;
3.Firm's qualifying agent;
4.Proposed contracting business; :
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5. Type of certifiica~e of competency tot which
which application is 'made.
6. Names and addresses of all directors and
officers of the firm;
7. Where applicable, a copy of a certificate
of incorporation;
8. A list of all contracting businesses owned
by the firm during the last five years.
9. A sworn financial statement of the firm
and credit report of the firm;
10. A complete list of all valid, outstanding
debts which the firm refuses to pay and the
reason for its refusal to pay.
11. Signature of an authorized officer of the firm.
Part 2:
1. The name of the qualifying agent and date
of birth;
2. The name of the firm;
3. Type of certificate of competency for which
application is made;
The home address of the qualifying agent;
The names of two persons who will always
know the qualifying agent's whereabouts;
Submit scores on any approved examination,
including the area of competency tested,
the date of testing and the place of testing.
7. Affidavits in substantially the same form
as required in Section 2.9 of this Ordinance.
8. A statement as to whether the qualifying
agent has ever been convicted of a felony;
9. A complete list of all valid, outstanding
debts which the qualifying agent refuses to
pay and the reasons for his refusal to pay;
10. A statement of the qualifying agent's
business or work experience during the
past ten years;
11. A statement of any formal training of the
2.4.
2.5,
qualifying agent in'the area for which
application is made for a competency c~rd.
Master or Journeymen. Applications.
a. The name of the applicant and date of birth;
b. Home address and telephone number;
c. Business address and telephone number;
d. Type of certificate of competency for which
application is being made;
e, The names of two persons who always know the
applicant's whereabouts;
f. Submit scores on any approved examination,
including the area of competency tested,
the date of testing and the place of testing.
g. A statement of the applicant's business or work
experience during the past ten years;
h. A statement of any formal training in the area
for which application for competency card is made.
Standards for the Issuance or Denial of a Certificate
of Competency.
2.5.1 Contractors. The Building Director acting as
the Secretary to the Contractors' Licensing
Board, or his designee, shall issue a certi-
ficate of competency to the applicant if it
clearly and affirmatively appears on the appli-
cation, as submitted by the applicant, that:
a. The application is complete;
b. The applicant possesses the experience re-
quired by Section 1.i0 of this Ordinance;
c. The credit report submitted suggests no
unusual circumstances which would indicate
a failure to pay bills promptly;
d. The applicant meets one of the following
criteria;
1. The applicant has taken and passed an
approved examination in the area of
competency for yhich application has
been made, or
2. The applicant meets the requirements
of Section 2.12.
e. Any required affidavits have been submitted;
f. The Sheriff's report discloses that appli-
cant has not been convicted of a felony within
the last three years nor has lost his civil
rights;
g, All required fees have been paid;
h. The applicant possesses a current Collier
County occupational license; and
i. The applicant or the qualifying agent is at
least 18 years of ~e;
1.5.2 In the alternative, if, in the discretion of the
Building Director, the application does not
clearly or affirmatively show that the applicant
is entitled to a certificate of competency or if
any question remains in the mind of the Building
Director, the Building Director shall refer ~he
application to the Contractors' Licensing Board
for decision.
2.5.3 When an application is referred to the Contractors'
Licensing Board, the Board shall take testimony
from the applicant and shall accept such other
information regarding the stated criteria which
is presented by the applicant. Upon the information
submitted by the applicant the Contractors'
Licensing Board shall determine whether the
applicant is qual~fied or unqualified for the
trade in which application has been made. The
reasons for the grant or denial of the application
shall affirmatively appear in the minutes of the
Contractors' Licensing Board. The applicant
shall be entitled to a Certificate of Competency
2.5.4.
2.5.5
if competent and substantial evidence is presented
to the Contractors' Licensing Board which shows
that the applicant meets all requirements stated
in subsection 2.5.1.
Masters and Journeyman.
The Building Director or his designee shall
issue a competency card to the applicant if
it clearly and affirmatively appears on the
application, as submitted by the applicant, that:
The application is complete.
The applicant possesses the experience
required by Section 1.10 of this Ordinance.
The applicant meets one of the following criteria:
(1) The applicant has taken and passed an
examination approved by the Contractors'
Licensing Board in the area of competency
for which application has been made or
(2) The applicant meets the requirements of
Section 2.12.
Ail required fees have been paid.
The applicant is at least 18 years of age.
Additional Requirements.
In addition to the foregoing requirements, each
applicant shall submit the following information
as a prerequisite to the issuance of a Collier
County Competency Card:
2.5.5.1 The individual or firm's state regis-
tration number or a statement that the
applicant has made application for a
state registration number (anyone
not required to have a state regis-
tration number by Chapter 468 of the
Florida Statutes is excepted from this
subsection).
2.5.5.2 The individual or firm's Federal
Internal Revenue Tax number;
2.6.
2.7.
2.5.5.3 Proof of insurance as required by
Section 2.10 of this Ordinance;
2.5.5.4 A statement that the applicant has or
will meet the workmen's compensation
laws of this state;
2.5.5.5 Where applicable, a statement that
the applicant has registered his
fictitious name with the Clerk of
the Circuit Court of the county where
his principle place of business As ~s
required by §865.09 of the Florida
Statutes.
2.5.5.6 When a Certificate of Competency is
issued in the name of a business
organization or to one operating
under a fictitious name, the certi-
ficate shall be in the name of the
qualifying individual and the name
of the business organiZation or
fictitious name whall be noted thereon.
For the;purpose~ of enforcement of this Ordinance,
the requirements of this Section shall be deemed
to be a portion of the application and any false
statement made under this Section shall be
punished as provided in PART FOUR of this Ordinance.
Approved Examiners.
The following are approved examiners for the
purpose of administering proctored exams as
required by this Ordinance.
a. H. H. Block & Associates.
Examinations - PassinK Grade.
A passing grade of 75% shall be required on all
examinations.
2.8.
2.9.
Examinations - Language 'Difficulty.
If an eligible applicant fails an approved
written examination and provides the Contractors'
Licensing Board with acceptable proof of lack
of comprehension of written examinations, the
applicant may petition the Board'to be adminis-
tered an oral examination (including oral question-
ing and oral answering) subject to the following
conditions:
a. The applicant documents the following years
of experience in the trade for which appli-
cation is made.
1. Contractors - 10 years
2. Masters - 6 years
b. The applicant files written recommendations
concerning his competency.
c. The applicant is administered only one oral
examination within a period of one year.
Affidavit Forms.
a. Integrity and Good Character.
STATE OF
COUNTY OF
I, , am a
resident of County,
(State) and have resided here for
more than five (5) years.
During the last five years I have known
(Applicant). I have had the
opportunity so observe him in his business and
personal dealings and find him to be a man of
honesty, integrity and good character.
Subscribed and sworn to before me
this day of . , 197.__.
Notary Public
My Commission ~xpires~
007
STATE OF
COUNTY OF
Workmanship.and Ability.
County,
am a resident of
(State) and
have resided here for more than five (5) years.
During the last five years I have known
(Applicant). I have
had the opportunity to observe his skills at the
trade of (insert trade for
which certificate of competency is applied) and I
have found his workmanship and ability to be
comparable to or better than other similar contractors
with whom I am acquainted.
Subscribed and sworn to before me
this __ day of , 19
Notary Public
My Commission Expires:
2.10. Insurance.
Ail licensed contractors shall maintain liability
insurance at all times. Such insurance shall be
with an insurance company authorized to do business
in the State of Florida. The limits of liability
insurance required shall be not less than $100,000
per person, $300,000 per occurrence, and $25,000
property damage.
2.11 - Inactive Status.
2.11.1 Any person or firm that holds a valid certificate
of competency may place their certificate of
competency on inactive status during which time
they shall not engage in Contracting but may
retain the certificate on an inactive basis and
upon the payment of an biennial renewal fee as
set forth in Section 1.8.
007
2.12.
2.11.2
2.11.3
2.11.4
2.12.1
2.12.2
Persons or firms desiring to activate an inactive
certificate may do so by complying with the
requirements of Section 1.5 relating to renewals.
An individual or firm may hold an inactive
certificate for no longer than six consecutive
years. Any individual or firm failing to
activate an inactive certificate within six
years must reapply for a Certificate of Competency
in the same manner as a new applicant.
Any individual or firm to whom an inactive
certificate has been issued prior to the enactment
of this Ordinance, and whose certificate has
been inactive for more than six years, may
activate such cer~ificate prior to September
30, 1978 by following the procedure set out in
Section 1.5 relating to renewals.
Examinations Not Requir'ed.
Any person, firm or corporation who on the
effective date of this Ordinance possesses a
valid Certificate of Competency with the City
of Naples shall not be required to take the
qualifying examination but will otherwise be
required to comply with all provisions of this
Ordinance.
Any person or firm not previously required to
possess a Certificate of Competency under
Ordinance 75-57 shall not be required to take a
qualifying examination if either of the two
following conditions exist:
a. The applican~ possessed a valid Certifi-
cate of Competency in Collier County for
the fiscal year 1976-77, or
b. The applicant can show that he held a
Collier County occupational license for
each of the fiscal years 1974-1975,
1975-76, and 1976-1977.
2.13 -
2.12.3 The applicant possessgs 10 years of experience
in Collier County, Florida in the trade for
which application is made.
2.12.4 Under subsections 2.12.2' and 2.12.3 the appli-
cant will be required to make application for
a certificate of competency within 60 days from
the effective date of this Ordinance.
2.12.5 If no examination is offered by an approved
examiner in the area of competency for which
application has been made, no examination is
required.
Restricted Certificates of Competency.
The Building Construction Licensing Board may issue a
Certificate of Competency to an applicant for a
certificate in a particular trade which is restricted
to certain aspects of that trade, where, in the
opinion of the majority of said Board, the applicant is
qualified in those certain aspects but not qualified in
certain other aspects of that trade.
't )
007 :dS
PART THREE: The Building Contractors' Licensing Board.
3.1 Composition.
3.1.1 The Building Contractors' Licensing Board shall
be composed of nine (9) members who shall be
appointed by the Board of County Commissioners.
The Board of County Commissioners may also
appoint alternate members as it deems appro-
priate. The nine (9) members of the Contractors'
Licensing Board shall consist of a licensed
architect, a licensed general contractor, a
licensed engineer, a licensed electrical con-
tractor, a licensed plumbing contractor, a
licensed mechanical dontractor, a licensed
roofing contractor, a licensed residential
contractor and a licensed representative from
one of the other trades or professions requiring
competency as provided in this Ordinance.
This section is merely directory and failure
to have a member of each of these trades shall
not be grounds for voiding any action of the Board.
3.1.2. Internal Operatin~ Procedures.
a. The Contractors' Licensing Board shall elect
a chairman and vice chairman from its membership.
b. Terms of office for each member of the Contractors'
Licensing Board shall be one year. Each
member shall hold office until his successor
has been appointed and has assumed his duties
on the Board.
(1) A member of the Contractors' Licensing
Board may be removed from office for
any cause by a majority vote of the
Board of County Commissioners.
(2) Any vacancy occurring during the un-
expired term of office of any member.
of the Contractors' Licensing Board
007 rA i' SJ
shall be filled by the Board of
County Commissioners.
c. MeetinKs
(1) The Contractors' Licensing Board
shall hold not less than four quarterly
meetings.
(2) Regular meetings shall be called by
the Chairman of the Board, and in his
absence by the Vice Chairman, or ~n
his absence, the Secretary of the
Board.
(3) Five members shall constitute a quorum
for any meeting, and a majority vote
of those present shall be required
to make any decision.
d. The Board or his designee shall act as
Secretary to the Contractors' Licensing
Board.
e. For the purposes of administration of
this Ordinance, a Contractors' Licensing
Board may call upon the Building Director
to furnish such temporary employees as may
be necessary to carry on or to assist the
Board in performing its duties.
f. Duties of the Contractors' Licensing Board:
(1) Upon reference by the Building Director,
determine the qualifications of appli-
cants for the various categories of
contractors' certificates of compe-
tency as measured by standards stated
in this Ordinance.
(2) Hold hearings to determine if a
certificate of competency of any
contractor, master, or Journeyman
3.2
should be disciplined under Section 4.2.
of this Ordinance.
(3) Direct a complaint to be filed for
prosecution of a contractor or other
person for the violation of this
Ordinance.
g. When the Contractors' Licensing Board shall
have determined that an applicant is qualified
for a particular type of certificate of com-
petency the competency card shall be signed
and issued by the Building Director or his
designee.
Appeal of a Decision of the Contractors' Licensin~
Board.
3.2.1.
3.2.2.
3.2.3.
Any person aggrieved by an adverse decision
of the Contractors' Licensing Board may
appeal such decision to the Board of County
Commissioners in writing, with attached
supportive data, and a fee of Twenty Dollars
($20) to defray the administrative cost of
the appeal within fifteen (15) days after
such aggrieved decision is rendered by the
Contractors' Licensing Board.
The Board of County Commissioners shall
determine a date when such appeal shall be
considered and notify the Contractors'
Licensing Board, the appellant and the
affected building contractor by return
receipt requested mail.
The hearing by the Board of County Commis-
sioners shall be based solely upon the
record made before the Contractors'
Licensing Board.
007
3.2.4.
The failure of a licensed contractor or
complainant to appeal a decision of the
Contractors' Licensing Board within fifteen
(15) days after such decision is rendered
shall make such decision final.
007
PART FOUR: Standard~ of Conduct and Discipline.
4.1 Misconduct by a...Contractor.
The following actions by a licensed contractor shall
constitute misconduct:
4.1.1. Combining or conspiring with an unapproved
contractor by allowing one's certificate of
competency to be used by an unlicensed con-
tractor to evade the provisions of this
Ordinance. %~hcn a licensed contractor acts as
the qualifying agent for any firm without
first making application under this Ordinance
to represent said firm, such act shall con-
stitute prima facie evidence of a violation
of the provisions of this Ordinance.
4.1.2. Contract to do any work outside of the scope
of his competency as listed on his competency
card and as defined in this Ordinance or as
restricted by the Contractors' Licensing Board.
4.1.3. Abandon without legal excuse a construction
project or operation in which he is engaged
or under contract as a contractor.
4.1.4. Divert funds or property received for the
execution of a specific contract project or
operation or divert funds earmarked for a
specified purpose to any other use whatsoever.
4.1.5. Depart from or disregard in any material
respect the plans or specifications of a
construction job without the cons,ant of the'
owner or his duly authorized representative.
4.1.6. Disregard or violate, in the performance of
his contracting business, any of the building,
safety, health, insurance or workmen's compen-
sation laws of the State of Florida or ordinances
of this County.
4.1.7.
4.1.8.
4.1.9.
4.1.10.
4.1.11.
4.1.12.
4.1.13.
Falsify or misrepresent any material fact in
his application and supporting papers for the
purpose of obtaining a Certificate of Competency
under this Ordinance.
Fail to fulfill his contractual obli-
gation through inability to pay all credi-
tors for material furnished or work or
services performed in the operation of
his business for which he is licensed here
under.
Aid or abet an unlicensed person to evade
the provisions of this Ordinance or allow
his license to 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 a contractor
by which another is substantially injured.
Fail to make good faulty workmanship obviously
performed or faulty materials obviously
installed in evasion of performance of the
contract or specifications agreed upon
under the terms of the contract.
Voluntarily file a petition for bankruptcy
or have entered against him an adjudication
of bankruptcy.
Failure to maintain at all times, with
an insurance company 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
$100,000 per person, $300,000 per occur-
rence, and $25,000 property damage.
4.1.14.
4.1.15.
4.1.16.
4.1.17.
4.1.18.
4.1.19.
4.1.20.
4.1.21.
Failure to file certificates, signed by
the qualified agent of the insurer,
with the Secretary of the Contractors'
Licensing Board showing the type of policy
issued, the policy number, the name of
the insurer, the effective data of the
policy, an agreement by the insurer to
give 30 days written notice by certified
mail to the Secretary of the Contractors'
Licensing Board of the intent to cancel
the policy. Upon receipt of such written
notice, the Secretary of the Contractors'
Licensing Board shall immediately suspend
the Certificate of Competency and report
the matter to the Contractors' Licensing
Board.
Failure to accept certified mail directed
to the contractor by the Contractors'
Licensing Board.
Failure to maintain a current mailing
address.
Failure to appear in person or through a
duly authorized representative at any scheduled
hearing on a complaint filed against the
contractor.
Conviction of a felony.
Incomp~tendy or negligence in conducting
work which is in violation of existing
codes.
Taking a qualifying exam for another.
Engaging in business during a period of
suspension.
4.2.
Discipli~ary Proceedings.
4.2.1. Upon its own motion, the Contractors'
Licensin§ Board may initiate disciplinary
proceedings against a licensed contractor.
4.2.2. Any person who believes that a contractor
holding a Certificate of Competency has
violated Section 4.1 of this Ordinance
may file a sworn complaint with the Secretary
to the Contractors' Licensing Board on a form
provided by the Secretary. The complaining
party shall state with particularity which
portion of this Ordinance has been violated
by the contractor.
The complaint form shall be substantially
as follows:
COMPLAINANT: PLEASE BE ADVISED that the
Contractors' Licensing Board has neither
the power nor the authority to order any
contractor to complete work, pay damages,
or take any other action within the Jurisdic-
tion of the courts of the State of Florida.
The Contractors' Licensing Board may only sus-
pend or revoke the contractor's license to
operate if it finds that Section 4.1 of
Collier County Ordinance 77.. has. been
violated.
COMPLAINANT;
Name:
Address:
Home Phone:
Business Phone:
Location of property which is the subject
of this complaint:
CONTRACTOR:
Name:
Address:
Home Phone:
Business Phone:
List any subsections of Section 4. of Ordinance
77- which, in your opinion, have been violated
by the contractor which is the subject of this
Complaint:
Misconduct complained of:
Please state the facts which you believe to
substantiate your charge of misconduct against
the subject contractor:
Attach all contracts.
Attach all communications with the contractor
regarding his alleged violation of the Ordinance
(if written).
Subscribed and sworn to before me
this __ day of , 197.__.
Notary Public
My Commission Expires:
Upon receipt of a charge of misconduct by
by the Contractors' Licensing Board
or a private party, the Secretary to the
Contractors' Licensing Board shall send,
by certified mail, return receipt requested,
a letter to the licensed contractor at his
last known address, as shown by the records
of the Contractors' Licensing Board, indi-
cating:
a. The name of the complainant.
b. The time of commission of the alleged
offense.
c. The section of the Ordinance alleged to
be violated.
d. The date, time and place at which the
qualified contractor is to appear before
the Contractors' Licensing Board for
disposition of the complaint. The date
scheduled shall be not sooner than 20 days
from the mailing date of the certified letter.
4.2.3. An administrative hearing shall be held con-
cerning the complain~ and i= shall be open
to the public. The hearing itself shall be
governed by the following rules:
a. The proceedings a~ the hearing shall be
recorded and may be transcribed at the
expense of the party requesting the trans-
cript.
(1) Any party may have a court reporter
present at the hearing at his own
expense.
(2) Neither Collier County nor the Con-
tractors' Licensing Board shall be
responsible for any failure of re-
cording equipment during the conduct
of the hearing.
b. The hearing need n6c.be conducted accor-
ding to technical rules relating to evidence
and witnesses. Any evidence shall be ad-
mitted if the Board finds it to be compe-
tent and reliable, regardless of the exis-
tence of any common law or statutory rule
which might make improper the admission
of such evidence. Hearsay 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 i~ would be admissible in
civil actions. Irrelevant and unduly
repetitious evidence shall be excluded.
The rules of privilege shall be effective
to the same extent that they are now or
hereafter may be recognized in civil actions.
C. Each party shall have the right to call
and examine witnesses; to introduce ex-
hibits; to cross-examine opposing witnesses
on any mat~er relevan~ to the issues even
though that matter was not covered in the
direct examination; to impeach any witness
regardless of which party-first called him
to testify; and to rebut any evidence
against him.
4.2.4. The Contractors' Licensing Board shall render
a decision upon the complaint within five (5)
days after the close of the hearing. At the
time of decision, the Contractors' Licensing
Board shall state its findings of fact, conclu-
sions of law, and the specific disposition of
the complaint. The findings, conclusions and
disposition shall be in substantially the
following form:
007 ,,¥393
Name of Complainant:
Name of Contractor:
Date of Hearing:
Sections of Ordinance 77-
be violated:
__ alleged to
Findings of Fact:
Contractor has violated the following sections
of Ordinance 77-
The Contractor has not violated the follow-
ing sections of Ordinance 77-__
Disposition:
1.
2.
Suspension: / /
Revocation: / /
Duration
ANY PARTY MAY APPEAL THIS DECISION WITHIN
15 DAYS AT ITS RENDITION.
and the Secretary to the Board shall, within
five (5) days after the disposition of the
complaint, issue a copy of the findings to
the licensed contractor and to the complainant
by certified mail.
4.2.5. When disposing of a complaint, the Contractors'
Licensing Board may revoke a contractor's
certificate of competency, suspend a contrac-
tor's certificate of competency, impose any
lesser penalty, or make a finding that there
is no cause for punitive action. The Board
is entitled to take no other disciplinary action.
4.2.6. Any disciplinary action taken by the Contrac-
tors' Licensing Board shall operate from the
day the decision is rendered. The decision
shall be considered rendered at the time of a
majority vote by the Contractors' Licensing
Board in favor of such action.
PART FIVE:
5.1 Repeal.
Ordinance 75-57 is hereby repealed.
5.2 Penalties for Violation.
5.2.1. Any person or firm who violates this Ordinance
or fails to comply with any of its requirements
shall be punished as provided by law. Each
day such violation continues shall be con-
sidered a separate offense.
5.2.2. The Board of County Commissioners may take
any lawful action, including, but not limited
to, resort to equitable action as is necessary
to prevent or to remedy any violation of this
Ordinance.
5.3 Conflict.
'In the event this Ordinance conflicts with any other
ordinance of Collier County or any municipality therein
or other applicable law, the more restrictive shall
apply.
5.4 Severability.
It is the intention of the Board of County Commissioners
that each separate provision of this Ordinance shall be
deemed independent of all provisions herein, and it is
further the intention of the Board of County Commis-
sioners that if any provision of this Ordinance be
declared to be invalid, all other provisions shall
remain valid and enforceable.
5.5 Effective Date.
This Ordinance shall take effect on January 30, 1978.
PASSED AND DULY ADOPTED on this 17th day of January, 1978.
BOARD OF COUNTY C0~ISSIONERS
COLLIER C~b~NTY, FLORIDA
C.FR? "RUss' Wimer, Chairman
Approved as to form and legal
suf~tciency~ __
~ Dona~ ~.-Pickworth
Collier County Attorney
ATTEST
WILL~A~4J :, REAGAN, ~CIerk-'
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STATE OF FLORIDA
~ OF COLLIER
I, WILLIAM J.REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit County, Florida, do hereby certify that the foregoing is a true original
of Ordinanco No. 78-2 which was adopted by the Baard of County Commissioners
during ReguJar Session January 17, 1978.
WITNESS my hand and the official seal of the Board of County
Conmissioners of Collier County, Florida, this 19th day of January, 1978.
This ordinance filed with the Secretary of State's
offico the 24th day of January, 1978 and
acknowledgment of the filing received this 26th
day of January, 1978.
WILLIAM J. REACOuN,
Clerk of Courts and Clerk
Ex-officio to Board of
Count~ Commis sioners
~iputy Clerk -- '