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Ordinance 94-34A"N ORDINANC~ NO. 94- AMENDING COLLIER COUNTY ORDINANCE NO, THE COLLIER COUNTY CONTRACTORS' LICENSING ORDINANCe, AMENDING AND ADDING DEFINITIONS; CONTRACTOR QUALIFICATION'AND TESTING~ IN CERTAIN TRADES ~ AMENDING~ EXPERIENCE REQUIREMENTS; CLARIFYING APPLICATIONT_ PROCEDURES AND REQUIRED INFORMATION; ADDING BUSINESS RECORDS REQUIREMENT; ADDING TO C0NTRACTOR'S LICENSING BOARD RESPONSIBILITIES~ CLARIFYING STANDARDS OF CONDUCT FOR LOCAL ANIb ". , --~ STATE CONTRACTORS; CLARIFYING NOTICE REQUIREMENTS.~ ADDING SANCTIONS AND REQUIRING THE CONTRACTORS~ LICENSING BOARD TO RECOMMEND A SANCTION TO STATE CONTRACTORS AND ELECTRICAL CONTRACTORS' LICENSING BOARDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the local regulation of contractors is in the best Interests of the citizens of Collier County and protects the publio health, safety arM] welfare; and WHEREA~, amendments have occurred to state statutes pertaining to the regulation of contractors which require revision to this Ordinance. NO~, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION Ol~s Part One Entitled, Certificates of Competency leqllired, shall he amended as lollowes PART ONE: CERTIFICATES OF COMPETENCY REQUIRED. X · X · Unlawful to Contract without a Certificate of Competency. It shall be unlawful for any person, firm, partnership, corporation or other legal entity to: engage in any construction contracting business, advertise or represent himself/herself or a business organization as available to engage in any construction contracting business, or act in the capacity of · contractor or subcontractor for any of the trades listed in Section 1.6 of this Ordinance, within the unincorpo- rated area of Collier County and the incorporated area within the boundaries of the City of Naples, without having first made application for and having been issued a current and valid Collier County/City Of Naples Certificate 0f Competency or an applicable State Certified License. Nothing here in shall be construed to mean that there cannot be employees in a trade who are Dot qualified or certified withi. the definitions herein set forth if such employees are employed by a licensed Words ~ are added; words =truek--t-M are deleted. contractor who exercises supervision and control over said employees. Indicia of an e~plo~ment relat~onship shall include the esplo~er's regular payment o~ wages and c~ensation, FI~ dadu~i~s, ~x vi~oldin~ and provision o~ Workers~ C~pen- sation to the ~l~ees, all as prescri~d ~ lay. 1.2. Buildin~ Pe~its. 1.2.1. Ho ~ildlng petit shall be issued ~or the const~ion, alteration, or repair of any stature unless the a~licant for the petit ~ssesses a ~ent Collier County /City of Naples Ce~i~lcate of Competent, an applicable State Ce~lf~ License, or ~s ex~pt fr~ the operation of this ~dLnance. ~,2.~. It shall h unlawful tot any ~er-~lder to pr~e a ~ldlng petit and to use said petit v~th the ~nten~ to a~d or ah~ an unl~censed contractor to perfo~ the ~itt~ ~nst~ion, alteration, or repair. Such conduct shall h ~shable as a violation o~ th~s ~dinance and the ~it and lns~ton shall h considered invalid ~or that ~ion o~ ~e cons~ion relat~ to the v~olation. · .3. ~e~tlons. · ,3,~. ~er-Bu~lders. ~ers o~ prope~y vhen acting as their ~ contremor and providing all eternal supe~lsion th~selves, ~en ~lding or l~rov~ng ta~ out~ld~ngs or one-~am~ly or two-family residences on such property ~or the ~pan~ or use o~ such ~ers and not o~ered ~or sale or lease. In all actions brought under Section 1.1 o~ this Ordinance, proof ~e sale or lease, or o~er~ng for sale or lease, 'c~ ~ ~ e e I stature ~ ~e o~er-~ilder wi~ln 12 months a~ter is~anca of a Ce~lficate of ~Dan~ ~ ~ IS ~acie evidence ~at the const~ction vas undertaken ~or ~ses ot sale or lease. ~Ls does not exempt any person is gpl~ed ~ such ~er and vho a~s in ~a capacity o~ a contremor. ~s exemption does not apply tc any t~e cmerc~al ~ild~ng. To ~all~y for exemption under th~s Subsaction, an ~er F~ C~ lly appear and sign the _ Words ~are added; vords =tr;=k th:c~ are deleted. ~uilding larait ap~licatton. An ovner-~uilder rill be tssued a aaxiana of erie (1) ~e~-~llde~ pe~l~ ~or the of a ~e-family or two-family home in any three (~) year ~rl~. ~ ~er-~ilder a~lying for or receiv~ng more than ~pe Building Petit f~ the const~ction of a one-family ~o-famfly h~e fn any three (3) year peri~ shall ~ prime facie evidence of ~ilding~contracting without a license which is a violation of.~fs ordinance. 1.3.2. ~blic Works. ~e provisions of this Ordinance shall not a~ly to: any constm~fon, alteration, f~r~ement, or repair called on within the limits of any site the title in the United States or with respect to which federal law su~rsedes this ~dinance~ or to a, authorized employee of the United States, this State, or any ~nicipality, county, or Rher ~lit~cal su~lvision if the employee does not hold himself ~t for hire or otherlee engage in contracting except in ac~rdance with his ~lo~ent. 1.3.3. Persons Holding ~ent State Certified Ce~ifl~tes of C~tenq. Any person holding a ~ent State of Florida Ce~ified Ceilfiats of C~eten~ Is exit fr~ o~n~ng a Collier County/City of Naples CeRlf~cate of C~ten~ for ~at trade for which he/she is ce~ified ~ the State, unless a local l~cense ~s also retired. Such person retired to possess a ~ent oc~pational license issued by the Tax Collector of Collier County, and h~s/her perfo~ance as a contractor shall ~ subject to all other retirements of this Ordinance not in conflict with applicable Florida law. 1.4. Rental of Ce~lficates of Competent. 1.4.1. Certificates of C~peten~ shall e~ire annually at midnight on Septemir 30th of each year. 1.4.2. ~e Contractor Licensing Supe~isor shall direct the mailing of renewal notices to all licensed contractors at least one month prior to the expiration date of 1.4.3. Applicants for reneval must present the Words ~are addedi words e~ are deleted. Contractor Licensing Supervisor with the follovtn~ A. Zvldence of Insurance as required by thls Ordinance, B. A current Collier County and/or CIty of N~p~es occupational license, as applicable. 1.4.4. Xny Individual or business oraanizatton failing to renew his ortts Certificate of Competenc~/prior to midnight on September 30th of each year shall have until midnight December 31st of the same year to renew his ~ Certificate of Compe[ency, provided however, that in addition to painsent of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee accordance with the schedule of fees and charges adopted resolution pursuant to Section 2.1.5 of this Ordinance. 1o4.5o Should September 30th or December 31st be a Saturday, Sunday, or legal holiday, the renewal period shall not expire until midnight of the next working day. 1.4.l. Any individual failing to renew his Certificate of Competency prior to December 31st shall be ,required to sake reappllcatton pursuant to Part Two of this Ordinance. 1.5. Contractors' Identification Required on Advertising mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to* firmly affix and/or to display the qualtfler's Certificate of Competency Humbet and the "Doing Buslness As" Name on all advertising mediums used by the contractor, Including but not limited to. contracts. brochures. business cards and vehlcles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two (2) inches. 1.l. Definitions and Contractor Qualifications. 1.1.1. Contractor means the person who is qualified for and responsible for the entire project contracted for and, except for those herein exempted, the person who, for compensation, undertakes to, or submits a bid to, or does ..o. C66. ,fj02 Words tM~ are added; words ........ ~ ..... ~ are deleted. himself or by others, any or sll or the follo~inq construct, repair, alter, remodel, add to, gSlK~tt~l~ subtract from, or ~ improve any building' or structure, including related :~ improvements to real estate, for others, 'or for resale to others, as hereinafter defined in Sections 1.6.1 through 1.6.3 of this Ordinance. :" lo$ol. Zo General Contractor requires forty-eight (4S) months experience as a s~sefv4ee~ with a passing gTade on a six-- ~6~ hour test and a two [21 hour business and lay test and means a contractor whose services are unlimited as to the type of work ~hich he/she may do, except as provided in this Ordinance.  ~0TE~ Also see Sect. 1o1.1.2o Building Contractor requires forty-sight (48) months experience as a ~ with a passing gTade on a six- business and lay test and means a contractor ~hose services are limited to construction of commercial buildings and single-dwelling or ~ultiple-dvelling residential buildings, w~ich cammercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling# repair, or improvement o~ any size building if the services do not affect the structural members of the building. ~ EQ~Z~ Also see Sect. 1.6.2. 1.1.1,3. Residential Contractor requires £orty-eight (48) months experience ss s sepefv~e~ with a passing grade on a six- business and la~ test and means a contractor whose services ars limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding t~o stories in height and accessory use structures in connection therewith. NOTE.- Also see Sect. 1.S.&.4. Contractor qualification~ for practice and restrictions. '5- Words ~ are added; fords =t==ck ........ zre deleted. A general, ~lidlng, or residential contractor shall not ~e rs~ulred to subcontract the lnstallattonA or reDair made under warranty, of wood shingles, wood shakes, asphalt or £1b~rglass shingle rooflng materials on a new bulldlng of his mrn construction, Further, a general contractor on new sits develol~ent work, site redevelopsent work, mobile home parks, and cmerctal properl;tes, shall not be required to subcontrac~ the construction of the main sanitary sewer collection system, the storm water collection system, and the water distribution system, not Including the continuation of utility lines from the mains to the buildings. Further, as to' mobile home parks, the general contractor shall not be required to subcontract the continuation of utlllty 11nee from the mains, and the Gontinuatlons are to be considered a part of the main sever collection and main' water distribution systems. However, no general, building or residential contractor state certified after 1973, shall act as, hold himself/herself out to be, or advertise hlmaelf/herself to be a roofing contractor unless he/she is certified or registered as a roofing contractor. A senera1. buildInd. or residential contractor. eXCePt as otherwise provided in this Dart, shall be responsible for any construction or alteration of a structural component or a buildina or structure. and any certified denera1 contriCoT or certified underoTound utility and excavation contractor may perform ctearina and drubbind. aradtna. exCaVation. and other site work for any conatrl/ctioD Dro~ect'in the state. Any certified butldlna contractor or certified residential ~ontrac~.or may perform clearina and grubbind, gradind. excavation. and other-site work for any construction ~ro~e~t in this state, limited to the lot on which any SDeCiftC buildina A General contractor shall not be reguired to subcontract structural swimming Dool work. 1.6.2. Subcontracting; Subcontractors. A contractor shall subcc.ntract the electrical, mechanical, plumbing, roofing, sheet metal, Words J~l~are added; words ==r'~h ~hr;;gh are deleted. 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 Certificate of Competency or license of the respective trade categozT, as required by the appropriate local authority. x.l.2,x. Sheet Metal Contractor requires twenty-four (24) months experience and a passing grade on a three [3} hour test and a Destine arade on a ~WO .[2} hour business and law test and means any person whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessal7 for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicinq, or 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 of other materials, including,but not 1Jamdeed to, fiberglass' used in lieu thereof and of air-handling systems including the setting of air-handling equipment and reinforcement o~ same and including ,the balancing of air-handling systems. This definition and qualifications does not include roofing. X.l.2.2. Roofing Contractor requires thirty-six (36) ~onths experience, a passing grade on a three {3} hour test and a passin~ arade on a two [2} hour ~usiness and law test and means any person whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to ~nsta11, 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 roof waterproofing and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend .the life of the roof. 1.6.2.3. Mechanical ContractoF requires forty-eight (48) months experience as alicensed Journeyman or igtLtVjjall~, a passing grade on a six [6) hour test ~assina ~-ade on a two [2~ hour business and law test and means Words MI~are addedl words =~===~ ~hr==gh are deleted. any ~rson whose services are unlimited in the execution o~ contracts requiring the experience, knowledge, and skill to install maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, r~rigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make coxplate an air-distribution system, boiler and un~irsd pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith~ and to install, maintain, repair, ~abricate, alter, extend, or design, ~hen not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings~ to disconnect or reconnect power and low voltage heating, ventilating, and air conditioning control wiring on the load side o~ an existing electrical disconnect switch] and to install a condensate drain ~rom an air conditioning unit to an existing sara waste or other approved disposal other than a direct connection to a 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 gas' fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. X.l.2.4. Class A aAir e~onditioning e~ontractor requires thirty-six (36) months experience as a licensed ~ournevman or eauivalent with a passing grads on a six f61 hour test and a DassinQ arade on a two f21 hour business and law test and means any person whose services are unlimited in the execution o~ contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, Words MlM~erlinedara added; words ctruc~ ~hrcu~h are deleted. or design, when not prohibited by law, central air conditionir~7, refrigeration, heating, and ventilating includin~ duct work in connection with a complete system only to the extent such duct work is performed by the contractor as i~ necessary to make complete an air 'distribution system, boiler and unftred pressure vessel systems and all appurtenances, apparatus, or equipment used in connection therewith; to install, ~alntain, repair, fabricate, alter, extend, or design, when not prohibited by law, Insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to disconnect or reconnect power wiring and lo~ voltage heating, ventilating, and air conditioning control wiring on the load side of an exiatinq electrical disconnect switchX and to install 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. 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 water lines or connections thereto, sanitary sewer lines, rdiaming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. 1.l.2.S. Class a e~ir e~onditioning e~ontractor requires _thirty-six (361 months experience as a licensed ;ournovman or euuivalent with a passing grade on a six (61 hour test and a Desainu erade on a two (2~ hour business and law tes~ and means any person whose services are limited to twenty-five 12~LL tons of cooling and five hundred thousand (500.0001 BTU of heating in any one system in the execution contracts requiring the experience, knowledge, and skill to install, ~aintain, repair, fabricate, alter, 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 B C _ Words gZl~ are added; words et;=ck t~;;=~ are deleted. to make complete an air distribution system being Installed under this classiflcation~ to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts~ to di~r~nnect or reconnect power wiring and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect svitchl and to install 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. The scope of vork ~or 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, parable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring on the line side of the disconnect switch. l. Jo2.g. Class C aAir e~onditioning e~ontractor requires twenty-~our (24) months experience as a licensed ~ournevman or eouivalent with a passing 9Tade on a six [6~ hour ~est and a ~assin~ arade on a two ~2~ hour business and law test and means any person whose business is limited to the servicing o£ air conditioning, heating, or refrigeration systems, including duct alterations in 'connection with those systems he/she is serVicin~. 1,6,2.g,l, ~ourneyman Air Conditioning License Holder requires four (4) years as apprentice, a passing grade on a six (6~ hour test, and means those quali~ied to perform york in the ~ir Conditioning Trade while employed or supervised by an air conditioning~_KeY~li/l~ contractor. 1ol.2.7. Commercial pEool/e~pa e~ontractor requires thirty-six (36) months experience with a passing ~rade on a three (3~ hour test and a ~assina arade on a t~o (2~ hour business and lay test and means an~ person whose scope o~ york involves, but is not limited to, the construction, repair, water treatment, and servicing oZ any swimming pool or hot tub or spa, whether public, private, or otherwise, regardless of Words~ are added; yards ~:-~=~ t~:c~S~ are deleted. use. The scope of such york Includes layout, excavation, operation of construction pumps for dewaterlng purposes, steelwork, installation of light niches, construction of floors, ~uniting', 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, construction of decks, construction of equipment rooms or housing for pool equipment, and installation of' package pool heaters. However, the scope of such work does not include direct connections to a sanitary sever system, potable water lines or to any electrical installation. l.l.2.l. Residential pEool/e~pa e~ontractor requires twenty-four (24] months experience with a passing ~rade on s three f3~ hour test and s passins cTads on a two (2) hour business and law test and means any person whose scope of work involves, but is not limited to, the 'construction, repair, water treatment, and servicing of any residential swimming pool or hot tub or spa,. re<jardless of use. The scope'of such work includes layout, excavation, operation 'of construction pumps for dewstaring purposes, steelwork, installation of light niches, construction 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 t3~pe, plastering of the interior, construction of decks, installation of housing for pool equipment, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sever system, potable water lines or to any electrical installations. 1.1.2.t. Swimming pEool/sSpa e~ervicing e~ontractor requires 24 months experience with a passing grade on a three f31 hour test and a passins orade on a'two (21 hour busineei~ and means any person whose scope of work involves the servicing, repair, water treatment, including, but not limitPd to, the direct infusion of chlorine gas and Words llD~QLtt/lediare added~ words =tr==~ t~=c=~t are deleted. Hintstrance oZ any swimming pool or hot tub or spa, whether public or private. The scope of such work may include an~ necessary pipir~ and repairs, replacement and repair of existin~ equipment, or installation of new additional equipment as .~ecessary. The scope of such work includes the reinstallation of tile and coping, repair and replacement of all piping, filter equipment, and chemical feeders of any type, replastarJ~g, reconstruction of decks, and reinstallation or addition of pool heaters. 1 · t · 2 · 1O · ' Journeyman Plumber License Holder requires (4) years as~ apprentice, a passing, frade 'on a six hour test, and means those qualified to perform work in the plumbing trades while emplcy?d or supervised b~ a plumbing contractor. ~ Plumbing Contractor requirss twenty-four (24) months experience as a licensed ~ournelman or 2~LiJ~I1SD~ with a passin~ 9Tade on a six (6) hour test and a passing grade on a e~e two f2) hour adml~l~st~ ~ lav test and means any person whose contractinc. l business .~nsists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or when not prohibited b~ law, design pitrobing. A plumbing contractor may install, maintain, repair, alter, extend,. or,' vhen not prohibited b~ law, design the following withoutl obtaining any additional local regulatory license, certificate, or re~Jistration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systm~ septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heatin~ vater systems and all appurtenances, apparatus, or equipment used In connection therewith, including boilers and pressure process pipin~ and including the Installation of water, natural gas (excluding liquid petroleum gases), and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the Words ~ are added~ words ~t:==k th::=;h are deleted. matntananu, r~palr, alteration, or extenslona of air-piping, vacmm line piping, oxTgen line piping, nitr~s ~ide piping, }: a~ all rslat~ sedical gas syst~s; fire line standpipes and ~ Zlr~ ~l~lsrs to th~ e~sn~ authorized ~ a~ltcabl~ lav~ ink a~ chulnl ltnes~ fuel oil and ~asoline pipinq~ exce~ ~tora~e plants~ and pnemttc cont=ol piping systns, all ~ch a u~= as to ~ly with all plans, spec1~tcations~ ~ss, la~ a~ r~lati~s a~licable. ~e sc~e oZ york ~ pl~l~ contra~o= shall apply to p=lvate pr~e~y and ~lic ~~y, ~hall include any exnvatlon vor~ Incidental ~r~, a~ ~hall includ~ the york o~ the specialt~ pl~bin~ ~tra~. Such c~tra~or sha 11 su~ontra~, with a , ~alifled ~ntra~or in the field concemed, all other work inolden~l ~ ~e w~k h~ ~ich is spaelf led herein as being the work of a trade other than tha~ of a pl~bing contractor. X.t.2.~. J~me~an Ele~rician re. ires f~ (4) years as an a~entice, a passing gade on a six " h~ test, a~ means those ~rsons ~alified to ~rfo~ work in the ele~ri~l trades ~lle ~ployed or supe~ised ~ an , ele~ri~l ~ntra~. ~ Ele~rical Contra~or re.ires ~enty-f~ (24) ~nths e~rience as a ~ J~m~n ~ with a passing gads on a s~x [61 h~r tes~ and a passing gads on a e ~o/21 h~r =dn~=~r=~Iv= ~ ~ test a~ means a ~rson who conduce ~sinell in the ele~rical trade field and vho has the e~erience, kn~ledge, a~ skill to install, repair, alter, add to, or design, ~liance with law, ele~rical wiring, fixtures, appliances, a~aratus, raceways, conduit. or any part thereof, which generates, transmits, transform, or u~llizee elec~rical ener~ in any fom, including the electrical installations and systems wl~in plants and' su~tions, all In ' c~liance with applicable plans, specifications, c~es, lays, and re~lations. ~e te~ means any ~rson, fi~, or co~oratioD tha~ engages in the ~sl~ess of electrical contracting under an e~ress or i~ll~ contra~ or ~at undertakes, offers to undertake, Words ~ are add~ vords ...... ~ ~ ..... ~ are deleted. purports to have the capacity to undertake, or submits a bid to engage An the business of electrical contractingl or that does itself or by or through others engage in the business of electrical contracting. The term electrical contractor does n~ qualify any person, fin or corporation for the installation of fire alarms which requires a separate state license. X.S.3. Specialty Contractor means any person who assumes responsible charge and direction in the performance of construction work requiring special skills, and whose principle contracting business involves the use of specialized building trades and crafts usually a minor part of a complete structure. Available categories of Specialty Contractors and their requiresants are: X.e.3.X. Acoustical Contractor requires twenty-four months experience with a passing grade on a see -(X}- two hour business and law test and means any person who is qualified to install, maintain, repair, and alter acoustical materials. The scope of work permitted under this ,classification shall include, but not be limited to, the installation of 9rid worm used to support acoustical panels, including luminous ceiling panels. X.e,3.2o Aluminum Contractor Including Concrete requires twenty-four '{24) months experience with a passing 9reds on a three (~)'hour test and a vassine ~rade on a two hour business and law test and means those who are qualified to fabricate, install, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, ~utters, solfits and prefabricated rooms and portable metal or vinyl partitions. These contractors may form, place on ~rade reinforcing steel and miscellaneous and pour, place, and finish non-structural concrete ~ncidental to an aluminum accessory structure only, on 9Tade only. I.S.~,3. Aluminum Contractor requires twenty-four (14) months experience with e passing 9reds on a three (3) hour test and a O~SSin~ erade on a two [2) hour Words ~ are added; ~ords c~ruck '~ ...... are deleted. business and lay test and means those who are cA'mall?ted to fabricate, Install,. matnta~n, repair, alter, or extend accessories such as'metal and v~nyl siding,'awntngs, security shutters, gutters, soff~ts and prefabricated rooms, and portable metal or vinyl partitions. x.~.3.4. se~h~ ~aem ~ -,--- e '~ Alarm eyetam ,Contra~tqr reqires twenty-four ~241 months experience with a Dessine ~rade on a three f31 hour test and a Dassin~ arade on a two ~21 hour business and law test and means a person whose bus~ness includes the execution of contract8 re~uirina the ability. experience. science. knowledge. and skill to 10v out. fabricate. install. maintain. alter. rC~eir. monitor. inspect, replace. or service alarm systems for compensation. {a) Alarm System Contractor I means an alarm system contractor whose busine§s includes all types of alarm systems for all purposes. fb~ Alarm System Contractor II means an alarm system contractor whose business includes all tyDeS Of alerat systems other than fire. for all DUrDOSeS. fC1 Alarm System means any electrical ~/eviceor combination of electrical devices used to detect a situation vhich causes an alarm in the event of a burdiary. f~re- robbery. medical emergency. or ecuiDment failure. {dl Burglar Alarm Contractor means an alarm system contractor whose business is limited to the i~stellation Words Mll~ are addedy words et-Fuek~ are deleted. ~f buralar alarms in sinals-familv homes and two-family homes. mobile h~ss. and nail commercial buildimam havina a s~uare foetame of not more than 5.000 samare feet. l.l.3.S. Cabinet Installation Contractor requires twenty-four (24) months experience with passing grade on a e~e {:} t~o(2~ hour business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, ~aintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to. kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items Which have been manufactured for installation on Job site locations. Z.I.3.1. Carpentry Contractor, requires thirty-six (36) months experience with a passing grads on a three (3) hour test and a Dassino erade on a two f21 hour business and law test and means those ~ho have the knowledge and skill to install any wood products in a building including, but not limited to, rough framing, structural and Don-structural, trusses, sheathing, paneling, trim and cabinstry. 1.l.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing grade on a ere ~:} =wo f21 hour ~usiness and lav test and means any person vho is qualified to install, repair, adjust or extend garage doors. 1.l.3.l. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or By a Sheet Metal Contractors or a Mechanical Contractors and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office. 1.l.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) months experience with a Words ~ are addodS words str~=k '~ ..... ~ are deleted. passing grads on a three (3) hour test end a 0asslea arade on a two ~21 hour business and lay test and means those who are qualified to batch and mix aggregates, cement, and water to agreed specifications, 'to construct forms and framework for the casting and shaping of concrete to place miscellaneous embedded steel and to pour, place, end finish concrete. =~a_fa3Le_q~=X does not include the plasterled o[ the interior of a DOe1. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six f36~ months experience with a passing grade on a three (3) hour test and a Dassiw)a arade on a two [2~ hour business and law test and means those who are qualified to pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcement, plastio vapor barriers and edge forms incidental thereto. This cateaorv does not include the plasterlea of the interior of a pool. .. X · t, 3 · 1%, Concrete Contractor (restricted to " pneumatically placed concrete) requires twenty-four (24) months experience with a passing grads on a three' (3) hour test anda ~Dassinc ~rade on a two {2~ hour business and law test and means those who are qualified to use and maintain pressure equipment, mix material and apply according to building codes. 1. e. 3.12. Decorative Metal Contractor requires ~ twenty-four (24) months experience with a passing grade on a ~ e~e ~".~ two [21 hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures$ such work should be decorative in nature and non-structural in function~ the materials used in the manufacturing and installation of said products may be of ferrous or non-ferrous materials. ~!'] 1.6.3,13, Demolition or Wrecking Contractor requires thirty-Six (36) months experience with a passing grade on a three (3) hour test and a pass]ha arade on a two ~2) hour business and law test and means those who are qualified to demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and 066 3]5 ' 1,7 - Words ~ ere added~ words et~aek~~ are deleted. explosives is not permitted under this category, 1.6.3.14. Dredging Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour test and a passins arade on a two (21 hour hurlmess and law test and means any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits the pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty-six (36) months experience with a passing grade on a three (3] hour test and a passins arade on a two [2% hour business and law test and means those who are qualified to install gypsum drywall products to wood and metal studs, 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 which the dryvail product is to be applied, including the placing of metal studs and runners and all necessary drywall preparation trim. I.&.3.1G. Elevator Contractor requires ,forty-eight (48) months experience and a passing grade on a three (3) hour test and a passins arade on a two (21 hour business and law test and means those persons who are qualified to extend, install, inspect, maintain or repair any elevator, dumbwaiter or escalator, provided that said person has a Certificate of Competent-/ with the Division of Hotels and Restaurants of the Department of Business Requlation of the State of Florida. Any required electrical installation shall be performed only by a licensed electrical contractor. 1.G~3.17. EpOX7 Stone Contractor requires twenty-four (24) months experience with a passing grade on a e~e~-l-~~ hour business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specifications. To construct forms and framework for the casting and shaping of epoxy and aggregate. To pour, place and finish over concrete base. 1.6.3.18. Excavation Contractor requires Words~ are added7 words e~h-~t~ are deleted. thiz~cy-six (36) months experience and a passing grade on a throe (3) hour test and a Dassin~ Qrade' on a two [21 hour business and lay test and means any person who is qualified excavate to obtain or remove materials such as rock, g~avel and san~; to const~ct or excavate canals', lakes and levees, including the cleaning of land of surface debris and vegetation as well as the grabbing of rootst and to remove debris and level surface land incidental and necassar~l thereto in compliance with all environmental laws, the Building Code, and other applicable codes and regulations. Minor excavations, such as footings, backfill without compaction, and similar activities are exempt hereunder. ~ The use of explosives is not included in this cstsgozT, l,l,3,Xg, Fence Erection Contractor requires twenty-four (24) months experience and a passing grade on a e~e ~) two [21 hour business and lay test and means any person who is qualified to install, maintain or .repair' fencing decorative Drefabrlcated walls on grade. 1.l.3,20. Floor Coverings Installation Contractor requires twenty-four (24) months experience and a passing g~ade on a e~e ~ two ~21. hour business-and lay test and means any person who is qualified to install carpet, sheet vinyl and wood parquet. This catsgel-/does not include, BarbIt, or terrazzo. X.6.3.2~o Gasoline Tank and Pump Contractor requires forty-eight (48) months experience and a passing grade on a three (3) hour test and a Dassina arade on a two ~2~ hOUr business and law test and means those who are qualified to ~nsta11, mnintain, repair, alter, or extend any above ground s~stem used for the storing and dispensing of gasoline, kerosene, diesel oils and similar liquid h~drocarbon fuels or mixtures (not to i~clude pollutan~ storage). 1°6.3o22. Glass and Glazing Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a Dassina aTade on a two [2~ hour business Words ~are added$ words ................ are deleted. · ~_ZiX_~, and means those who are qualified to select, cut, assemble, and install all makes and kinds of glass and glass work, and axecute the glazing frames, panels, sash and door and holding natal frames, ornamental decorations, mirrors, tub, shower enclosures, and poz~caSle partitions. 1.1o3.23o Znsulation Contractor. a. All types except buildings - requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passins crade on a two [21 hour b~sin~ss ~, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping materisis, or built-up refrigerated boxes or rooms, and acoustical materials. b. Buildings - requires twenty-four months experience, a passing grade on a three (3) hour test and a two ~21 hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any ~nsulation primarily installed to prevent loss or gain of heat from rooms or buildings. 1.S.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour test and a oassina ~rade on a two ~21 hour business and law test 'and means any person who is qualified to install, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines. 1.6.3.2S. Landscoping Contractor requires twelve (12) months experience and a passing grade on a e~e~-l-ptwo/2~ hour business and law test and means any person who is qualified to install or remove trees, shrubs, stone and rocks. timber and plant materials. 1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and licensed pursuant to Words ]A~ are added~ vords e~eeek-~ are deleted. Chapter 527, florida Statutes, to install apparatus, piping and tubing, and appliances and equipment necessar~ for storing and converting liquefied petroleum gas into flame for light, heat, and power. 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test ~Dd a Dessine trade on a two [21 hour business and law test, and means those who are qualified to build and install bulkheads, rave,men,s, docks, piers, wharves, groins, ~ and to do pile driving. 1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a nasains a~ade on a two ~21 hour business and J~ and means those who are qualified to select, cut, and lay brick and concrete block or any othe= unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone .and precast blocks, glass brick or block, but who shall not pour or finish concrete. 1.6.3.29. Mobile Home Set-up Contractor requires ~wenty-four (24) months experience, a passing grade on a e~e ~) tvof21hour business and law test, and means those who are gualified to place,- block and tie dovn mobile ho~es (does not include electric, plumbing or air conditioning hookups). NOTZ.. Pursuant to Section 205.193, Florida Statutes, no Certificate of Competency shall be required of any duly licensed mobile home dealer or duly licensed mobile home manufacturer, or any employee thereof, who performs setup operations as defined in Section 320.822, Florida Statutes, as amended. 1.6.3.30. Painting Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a Dessine ~rade on a two ~21 hour business a~ and means those who are qualified to use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, waterproofing, and may clean and paint roofs. Words ~ are added~ words e~ are deleted. .!. 1,1,3,31o Paving Contractor (commercial or · unlimited) requires thirty-six (36) months experience, a palling grade on a three (3) hour test and a passins ~rade on a ~ [21 hour business and law test, and means those who are qualified with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the ~ excavating, clearing, and grading incidental thereto. 1.e.3.32. Plastering andI Stucco Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passins arade on a~ two [2} hour business and law test, and means those who are qualified to coat surfaces with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such materials such as to create a permanent surface coating, including lathing and drywall. does not include the Dlasteri~a o[ the interior of a ~ool, 1.g.3.33o Pollutant Storage Contractor means a contractor who installs a pollutant storage tank. Said contractor must have a State Pollutant Storage License. A County Certificate of Competent7 is not available for this category. 1.6.3.34. Reinforced Steel Contractor requires thirty-six (36} months experience, a passing grade on a three (3) hour test and a passins arade on a two [2) ..hour business aZl~/~, and means those who are qualified to fabricate, place, and tie steel reinforcing bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specifications, steel reinforcing bars .~ (rods) for concrete buildings and structures can be fabricated, placed, and tied. 1.6.3.3S° Roof Coating, Roof Painting, and Roof Cleaning Contractor requires twenty-four (24) months experience, a passing graded on a e~e (~} two [2} hour business andlaw test, and means any person who is qualified to clean, ,oo 866 3'20 Words 3AIMitr. IA/12~ are added~ words et-Puek--t~ are deleted. paint or coat a roof by means of pressure-operated equipment, hand application or otherwise. This category does not include roof repair. 1.l.3.36. Sandblasting Contractor requires twenty-four (24)' months experience, a passing ~rads on a {i~: t~o/2) hour business and law test, and means any person ~no is qualified to operate a sandblasting machine. 1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months experience, a passing 9Tade on a e~e +~ ~ hour business'and lay test and means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applicable Collier County or City of Naples Ordinances. Xf installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete. I.S.J.38. Sealing and Striping Contractor requires twenty-four (24) months experience, a passing grade on a e~e ~,, two (2} hour business and law test, and means those who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios. 1.6.3o39. Septic Tank Contractor requires twenty-four (24) months experience and a passing grade on a three (3} hour test and a Dassin~ Grade on s two (2) hour business and law test and means a contractor whose services ere unlimited in the septic tank trade and who has the experience, knowledge, and skill to install, maintain, repair, alter or design, where not prohibited by law, and use material and items in the installation and maintenance of all kinds of on-site sewage disposal systems, septic tanks, drainfields, and aerobic systems. Appropriate license or registration the Florida Department of Health and Rehabllitative Services shall be required for .this category. 1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a e~e #4~ two (2) hour business and law test, and means any Words l~l~are added; words ............... are deleted. parson ~ho is qualified to erect, install, repair, altar, extend or change any non-electrical sign, provided all work is performed in accordance with applicable Collier County and City of Naples ordinances.' This category does not include the construction of free-Standing structural signs. 1.~.3.41 Electrical Sign Contractor requires twenty-four (24) months experience, a passing ~rads on a three (3) hour test and a ~assin~ ~rade on a two f2) hour business · ll~, and means any person'who is qualified to install, repair, altar, manufacture, add to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical slVns and is qualified to erect signs. Such contractor may contract for, and take out building permits for the erection of siVns. The electrical service and wiring from the electrical service to the sign disconnect must be supplied by a licensed electrical contractor. X.~.3.42. Solar Heater InStallation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a Dessine crade on a two f2) hour ~)~lliness and law test, and means those who have the knowledge to install, alter, repair, or replace any solar hot water heating system for residences or for residential swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors and low voltage controls which connect to existing plumbing stub-outs and electrical disconnects. 1.6.3.43. Structural Steel Erection Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a Deeein~ arade on a two ~2~ hour business and law test, and means those who are qualified to erect structural steel shapes and plates,' including such minor field fabrication as. may be necessary, of any profile, perimetar or cross-section, that are or may'be used as structural members for buildings and' structures, and the erection o= communication towers, including riveting, welding Words tL~ZA~JLEf~ are added~ words st~uek--4sheeue~ are deleted. 1.l,3.44. Structure Hoving Contractor means persons vho are required to be general, building or residential contractors, and Vho are qualified to lif~ and secure structures end transport said structures from one site to another, vhether or not such transport is across public roads, including the proper placement of structures at a hey location, 1.6.3.45. Tile and Marble Installation Contractor requires twenty~four (24) months experience, a passing grade on a three (3) hour test and a passins arade on a two {2] hour business and law test, and means those persons who are qualified to set tile and marble. 1,1,3,46, TIle, Marble and Terrazzo,Installation Contractor requires twenty-foUr (24) months experience, a passing grids on s three (3) hour test Dnd a passinn aTade on a two (2~ hour business and law test and means those persons who are qualified to mix, prepare, and finish terrazzo, prepare the base, and set tile and marble. 1.6.3.47. Underground Utility and Excavation Contractor requires forty-eight (4S) months experience, a pqssing grade on a three (3) hour test ~nd a passing arade on a two (2) hour business and law test, and means contractors whose services are limited to the construction, installation, repair, on public or private property, of main sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems, and the continuation of utility lines from the main systems to a point of terminatio~ up to and including the meter iocation for the individual occupancy, sewer collection systems at property line on residential or single-ocoupancy commercial properties, or on multi-occupancy properties at manhole or "wye" lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. An underground utility contractor shall not install any piping that is an integral part of a fire protection system, as defined in Section 633.021(7), Florida Statutes, buginning at the point where the piping is used WordsMal~t~aLl/~LV_~are added$ words ~=ru=k thr=u~h are deleted. exclusively for such system. 1.J.S.4S. Well Drilling Contractor requires twenty-four (24) months experience, a passing grads on a three (3) hour test and s Dassin~ orade on a two (2} hour business · ll~, and means those persons who are qualified to dig, drill, drive or bore a water well, test well, hydraulic lift and elevator shaft, and who may install, maintain and repair pumps in connection therewith. Said contractors must also possess an applicable license issued by the South Florida Water Management District. 1.~.3.49. Tree Removal and Trtnsino Contractor re~utres twelve f121 months experience with a passinu arade on a two f21 hour business and law test and means those who are ~ualified to trim and remove trees and stumns. The Board further provides by this Darticular amendment that tree removal and trimmind contractors who hold a current and valid Collier County occupational license in tree services as of the effective date of this Ordinance shall not be recuired to 'meet the testin~ ~tcuirements of this ordinance, Said contractors shall be recuired to meet all other a~lication and licensing recuirements of this ordinance. Said exemption from testin~ shall extend from the effective date of this ordinance through September 30. 1994. The ContractQrs' Licensinc Board shall have authority to hear and decide any hardship anneals by contractors who meet the above-mentioned exemption recuirements but fail to timely aDDIV for said exemption. i.e.4. Contractor Licensing Supervisor means the individual who oversees contractor licensing and ~e its investigations e~ pm~ee~%e eempteA,%e regarding licensed contractors in Collier County, Florida. This individual holds office in %he {~emp~ 8e~ 6ee~ e~ the Development Services Departmenthol the Community Development Services Division of Collier County Government. 1.i.e. Employee means any person who works for and Is uRder the supervision and control of a licenses, provided Words ~ are added; words ....... -- ....... are deleted. that said employee does not hold himself out for hirs or engage in contracting except as an employee. For the purposes of this Ordinance, lndicia of an employment relationship shall include the employerrs regular payment of wages and compensation, F.Z.C.A. deductions, tax withholding and provision of Workers' Compensation to the employee by the employer, all as prescribed by law. 1,6.6, Person means a human being or a legal businesse~~. X.6.7, ~Contractina" means. except as e~emDted In this Dart. enaauina in business as a contractor and includes. but is not limited to. oerformance of any of the acts as set forth in subsection f31 which defi,e types of contractors. The attemoted sale of =ontractin~ services and the negotiation or b~d for a contract on these services also constitutes cc,~tractina. If the services offered reauire licensure or agent cualification. the off=fins. neaotiation for a bid. or attempted sale of these services reauires the corresDon~ina licensure. However. the term 'cohere=tins" shall ~t ewl;end to ~n individual. partnership. corporation. trust. or other.leqal entity that offers to sell or sells completed reSideDoes on property on l~hich the individual or business entity has any leas1 or e~auitable interest. if the services of a ~alified contractor certified or re,let=red pursuant to the reauirements of thi! chapter have been or will be retained for the PUrPOSe Of Gonstructina such residences. X-l-l, "Business orgagization" means any RJLCf~rshiD. COr~)OTatiOn. busines~ trust. ~oint ve~tuTe. OT other leers1 entity which enaaaes or offers to enaace in the business of contractins or acts as a contractor as defined in 1-6-~- "Financially responsible officer" means a person other than the primary aualifvina scent who with the approval o[ the board assumes personal resDonslbilitv for all financial ~SDeC~CS of the business oraanization. 1.l,10- 'Primary aualifvina =sent" means a person 3z5 dd=truck =hr==gh are deleted. Words~are a dedy wors vho t~ssassas ~he recu~s{~e skill. knov]edce. and exnerience. c~rol ~l co~ra~i~ a~ivi~ies or ~he ~siness oraaniza~i~ wi~h ~ich ha is conne~ ~o has ~hs res~nsibiXi~v W~ise. direr. sansee. and c~rol cons~m~io, a~ivi~ies on a ~cb ~ ~ich he has o~ained ~he ~iXdinQ nemi~ and ~ose ~echnical and Hrsona~ ~all~lca~ions haye de~emin~ ~ iwes~iCa~i~ and examination as ~wided in ~his Ra~- as a~es~ ~ ~he d~a~en~, X.g. XX. wSeconda~ ~alirvina acen~~ aeans ~ net;on ~o ~ssesses ~he re~isi~e skill. knwledae. and e~erience. a~ has ~he re~nsibiliW ~o sune~ise. direr. ~aanaae. and control c~s~m~ion activities on a ~ob rot ~ich he has o~ain~ a Hmi~. a~ ~ose ~echnical and nersonal Fali{lca~ions have ~en da~amined ~ invee~iaa~ion and exaaina~i~ as Drwided In ~hie oa~ X,7, 5~W~M ~ders. IZ i~ sh~ld ~ kn~ ~ ~e Con~ra~ ~i~ S~is~ h~ a cons~m~ion ~o~e~ a~/or ~a~i~ in ~llier ~y or ~he Cl~y oZ Naples is ~i~ ~i~iW S;~is~ or his/her desi~ee~ shall place a ~~ ~der on ~he relwan~ ~ion oZ said ~o~e~ until such ~iH as a ce~iZi~ contractor ass~es su~ision ~m~ion ~o~e~. ~ unce~i~ied a~ nonex~ pers~ reai~ ~m~ion pri~ ~o ~he rem~al o~ ~ha s~ork ~der ~ ~e ~n~ra~or bicensinV su~isor shall ~ An violation o~ ~his ~dinance. I,e, ~rience h;iraen~s. ~ a prer;isi~e ~o, and as a r;iremen~ rot, ~he isun~ oZ a ~llier C~y/Ci~y o~ Xaples Ce~iZica~a ~en~, an a~lican~ shall suhi~ sa~israc~oFy evidence e~rience in ~he ~rade Zor vhich he/she desires ce~iEica~lon. a. ConeraZors~ e~rience shall ~ in e ~/~ ~ha~ Da~i~lar ~rade. vi~ a~ leas~ one "' ' ~ordl ~ are added~ vords -* ...... ~ ..... ~ are deleted. 711 veer of said ex~erisncs beino as a supervisor. b, Masters' experience shall be as Journeymen, c, Journeymen's experience shall be as apprentices ~r trainsee, The apprentice Droprams a~Droved. a s of the effective date of this Ordinance bv the Bureau of AvDrenticeshiv. Division of Labor. Emolovment and Trainin~ of the E~2~artment of Labor and Employment Security for Sponsors within Collier County are hereby incorporated bv reference as the required apprentice experience in order to sit for the Journeyaan'V test in those particular trades. X.S.X. To determine if the applicant possesses the experience required by this Ordinance, the Contractor Licensing Board Supervisor or his/her . designee shall consider the following forms of proof of experience: a. Affidavits fro~ former employers with specifics as to the number of years of experience, work performed and any Other .relevant lnformationy b. Copies of other certificates of' competency, if any, held by the applicant in other counties or citiesy · 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 relating to the trade for which the applicant has made applicationy e. Affidavits from any other source within the trade applied for. 1.$.2. Education at an accredited school may be presented to satisfy s portion of the experience requirements of this Section. Specifically, each full year of school-level work in the trade for which application is made shall be credited to the applicant as .75 years experience, but such credit shall be for no more than one-half of, the total experience required by this Ordinance. IIC"TZOII TWOS Part two entitled, Certificates of Competency - Procedure, shall be amended to read as lollowes PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE. -29- Words ~ are addedy words ........ ~ ..... ~ are deleted. 2,1, applications - General. 2,1.1, ~ny person or.~4~q~ business craanization 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 ~ 1~, the application shall be executed by ~he peee~leR% e~ ~ ~ ee e~e I legally authorized and ~ered re~esentative of ~ =c~ ~ the ~ ~siness ~ ~o shall sh~ his authority to so act on ~he a~li~tion. In addition, the application shall name a ~alifying agen~ au~orized;to a~ on behalf of the fi~ ~n all subse~ent ~oceedingl, shying his authority= a. To act for the rim In all matters and In any ~nner conne~ed with the contracting ~sinessy and b. To supe~se the const~ction under ~he Certificate of C~etenq ~ssued to the applicant. 2.1.3. A ~alifying agent may ~alify no more than one fl~, pra~cing the same trade, without prior appr~al of ~e Contremors' Licensing Board, and In no event more than f~ at ~e sue time. 2.1.4. No application shall ~ considered unless ~e a~l~cant supplies all info~ation as retired ~ this ~dinance, 2.X.S. ~e Board of County C~issioners shall establish and adopt~ ~ Resolution, a schedule' of fees and charges for applications for Certifica~es of C~peten~, rentals, late fees and o~her charges, if applicable, pe~aining to this Ordinance. I~ Is the intent of these re~lat~ons ~at the County shall not h retired to her any part of the cost of applications made under this Ordinance. ~e schedule of fees and charges shall be posted In the office of the C~liance Se~ices Se~ion of the Development SedUces Depa~nt of the Co~unity Development SedUces Division of Collier County Gove~ent and the City of Naples Building and Zoning D~vision, and the resolution establishing such fees Words~are added~ words ~ are deleted. shall be on file with the City of Naples Clerk and the Clerk to the Board. The schedule of fees and charges may be changed in accordance vith standard rasoZutlon adoption and amendment procedures of the Board of County Commissioners and repeal or amendment of the schedule shall not be subject to the procedure otherwise necessary for amendment of this Ordinance. Current fees and charges are set forth in Resolution No. 87-108 and shall remain in effect until said Resolution is amended or superseded. 2.2, Contractor Application - Individual. Any person desiring a Certificate of Ccmpetenc~ shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisors 2,2.1. Name of applicant. date of bir~h. Social security eLmbar and driver's license number; 2.2°2° Home addrass and telephone number; 2.2.3. Businase address and telephone numberS. A contractor is recuired 'to maintain an office in Collier County or have an aaent in Collier County for ~ur~_oses of racetwine ~otices ~ursuant to this Ordinance. 2.2.4. Name of applicant's business; 2.2.2° Appllcant's proposed contracting business; 2.~.~o If applicable. verification that a~lic~B~ has Drooarlv reaistered under the fictitious name statg~esr 2.2.~. Type of Certificate of Competency for which application is being made; 2.2.~1- A complete list o~ all outstanding debts related to the appltcant's contracting business which the applicant has not paid or refuses to pay a~d a statement of the reasons for nonpayment; 2.2.2t. Names and telephone numbers of two persons who will always know the appltcant's whereabouts; 2.2.910. A Statement as to whether the applicant has ever been convicted of a crime related to contracting; ~.2.%4Jut- Applicant's business or work experience d.ri.g th. p..t t.. y.ar., 66,, S29 Words Mild are added; ~ords ...... "'~ ...... are deleted, 2.Z.&~Jdl. Any formal training in the area of competency for which application is made; 2.2.%2Ja. In addition Co the aforementioned infection, the a~licant shall attach or su~lt the foll~lng lnfcmtion: a. A credit report compiled by a .ationa11~ rec~ized ~edit agen~ that reflects the financial responsibility of ~e a~licant~ b. Affidavi~s as to the applicant's honesty, lntegity, g~ ~siness re~tation and competence in the trade catego~ for ~ich application for a Collier County/City of Naples Ce~lficate of C~peten~ has been made. Said sfZldavits shall be In sublten~lally the fo~ issued by the Collier C~nty Contra~or Licensing Superleer or his/her desi~ee7 c. Scores ~ the examLna~lon a~licable to ~he license a~lied Zor, including the area of c~peten~ tested, the date o~ testing and ~e place o~ testing. Said examination shall have hen administered by a testing agen~ recognized and ~pproved throughout the S~te o~ Florida as provided rot in Se~ion 2.6 oZ this ~dinanco. 2.3. Contractor Applications - ~ ~ ~ ~ ~ Business Oraanizatioq2. l~ the a~licant presses to engage in contracting as a pa~nership, coloration,' ~siness t~st, or other legal entity, the applicant shall apply through a ~lirying agent and c~ply with all requirements and responsibilities con~ained In Seaions 489.119 and 489.1195, Florida Statutes. ~y ~ ~ ~ ~ ~ ~ business ~desir~ng~~ ~e~~ a Ce~i[icate of ComDeten~ in Collier Count~ shall submit the fo11~ing info~ation on foms provided by the Collier County Contractor Licensing Supe~isor. 2.~.1. ~ Business oraanization namey 2.3.2. Business address and telephon~ numberS. A ~si~ess orcanization must have an of[ice In Collier County or 330 - Words ~ ars added~ ~ords e~ are deleted. hays an sasnt in Collier C~untv for ~ur~oses of receivin- notices ~ursuant to this Ordinancl, 2,3,3. Qualifying agent; 2.3.4. Proposed contracting business; 2.3.S. Type of fh.-~':/:.~1=y'; Certificate of Competency for~fhich application 2.3.1. Names and addresses of all partners' directors and officers; 2.3.7. Where applicable, a copy of a certificate of Incorporation or proof of recorded fictitious name; 2.3.8. A list of all contracting businesses owned by the ~ business oruanization during the last five years; 2.3.9. A credit report from a nationally recognized credit agency If the ~ business oraanizatl~R has been in existence for more than one (1) year~. If the business oT~anization has been in e~lstence for less than one (1) year. a credit report on every business or~anization in vhich ADDlicant/Oualifier was an auent ts re~uired. If neither of ~e above is applicable a personal credit report on t~ aDDl~cant/~ual[fier is recru~Te~. 2.3.10. A complete 1let of all outstanding debts related to the .s__,_,__~a~..,_ business or~anization'e oontraotlng business which the ~ business ~ hal not pald or refuses to pay and a statement of the reasons for nonpayment; 2.3.11. The signature of an authorized officer of the ~ business or~anizetton; 2.3.12. Quellfief tnformations e. The name of the qualifying agent and date of birth; b.' The name of the ~ business ~ to be qualified; c. Type of CertLflcate of Competency for which application 13 made; d. The home address of the qualifying agent; Words ~/l~l.~13~ere added/words e~ruok-4~ are deleted. e. The names and telephone numbers of two persons ~so will always kno~ the qualifying agent's whereabouts7 f. Scores on any approved examination] including the area of competency tested, the date of testing aml the place of testing] g. Affidavits as to the honesty, ~ntegr~ty, good business reputation and competence the trade category for which application for a Collier County/City of Naples Certificate of Competency has been madeS h. A statement as to whether the qualifying agent has ever been convicted of a crime related to contractlng~ i. A complete list of all outstanding debts related to the qualifying agent's contracting business which the qualifying agent has not paid or refuses to pay and a statement of the reasons for nonpaymentS J. A statement of the qualifying agent's business and work experience during the previous five yearsS k. A statement of any formal training possessed by the qualifying agent in the trade category for which application is made for a competency cards 1. Proof that the qualifying agent is legally qualified to act for the business ~ all matters connected with its contracting business and that said qualifying agent has the authority to supervise construction undertaken by such business 'organization. Proof that a ~ualifvina aaent is leaally. O~alified tO act for the business oraaniza~Aon includes. but is not limited to. authority to sian checks for the business oraanization. trainins and supervision of employees. hitins and firinc of emPloYeeS Or other aCtions indicatina active involvement in the business o~aanization. 2.4. Master or Journeyman Applications. a. The name of the applicant and dat~ of birth~ b. Home address and telephone number; ,0- SSZ Words ~are addedl words stru:k ~hr::gh are deleted. ~ c. Business address and telephone numbery d. Type of Certificate of Competency for ~hich . application is being made/ e. The' names and telephone numbers of two persons who will always know the applicant's whereabouts7 f. Scores on any approved examination, including the area of competency tested, the date of testing and the place of tasting. Yrior to takina the tests reauired by this OrdinanceL an a~licant ~ust provide verification that he or she has c~s~lied with the experience recuirements. g. A statement of the applicant's business or york experience during the past ten yearsy h. A statement of any formal training in the trade categories for vhich application is made for a competency card. 2.2. Standards for the Issuance or Denial of a Certificate of Competency. 2,2,1, Contractors. The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of Competency to the applicant if it a~pears, on the face of the application, as submitted by the applicant, that: a. The application Is complete In accordance with the requlrrsentS of this Ordinance; ~ b, The applicant possesses the experience ~ required by Sections 1.6 and 1,8 of thle Ordlnance7 c, The credit report submitted tndtcatee no facts and circumstances which shova failure to pay contracting related bells promptly7 d. The aDolicant or aualifier meets the reauirements for financial responsibility set forth in Rules .' 61G4-15.005 and 61G4-15.006. Florida Admintstra~_~Oj~__~2 ~hev may be amended from time to time: g~. The applicant meets one of the follovlng crlterln: ~. 1) The applicant has taken and passed an , examination approved and recognized throughout the State of Words IL~ are added7 words ............... are deleted. Florida, as provided for in section 2.6 o£ this Ordinance, for the srss of cospstsncy for Vhich application has been made# or 2) The applicant meets all licensing requirmnt$ provided for by this OrdinanceAT-ee m~atcll!tc Dl=h In:tallat!=n ~=lcct=I;:l el. All required affidavits have been ~. All required fees have been pald~ ?h., The applicant possesses a current Collier County occupational license; and hi. The applicant or the qualifying agent is at least 18 years of age. 2.i.e. Referral of Application to' Contractors' ~icensing Board for Decision. If it does not appear ~n t~e face of the application that the applicant has complied with the requirements of this Ordinance so as to be eligible for a Certificate of Competency, then the Contractor Licensing Supervisor ma~ ~ refer the application to the Contractors' Licensing Board for a decision regarding approval or denial of the application. Words~l~euT/3~are added~ words e~~ are deleted. i.l.i. When an application is referred to the Contractors' Licensing Board, the Board shall take testimony from the applicant and shall consider other relevant evidence regarding whether the application meets the requirements of thil Ordinance. Upon the evidence presented b~ the applicant and the Contractor Licensing Supervisor, the Contractors' Licensing Board shall determine whether the applicant is qualified or unqualified for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board. 2.5.3.1. Xf. the Contractors' Licensing Board determines that an applicant is qualified for a particular t~pe of Certificate of Competency, a competency card shall be issued by the Contractor Licensing Supervisor or his/her dssignes. 2.S.4. Additional Requirements. In addition'to the foregoing requirements, each applicant shall submit the foliowing information as a prerequisite to the issuance of a Collier County competenc~ card: , 2.5.4.1. The applicant's state registration number or a statement that the applicant has made application for a state registration number (anyone not required to have a state registration number b~ Chapter 489, Florida Statutes, is exempted from this Subsection); 2.S.4.2. The applicants' Individual or firu_':/=n~1~y'= business oraanlzation's Unlted States Internal Revenue Tax number; 2.5.4.3. Proof of insurance as required by Section 2.8 of this Ordinance; 2.5.4.4. A statement that the applicant has or will comply with'all Workers' Compensation laws of the State of Florlda prior to .contracting in the Clty of Naples and in Collier County; 2.5.4.5. Where applicable, a statement that the applicant has registered his fictitious name with the Florida Pa _ _ Words~are added; words ee~u~~ are deleted. required by Section 865.09, Florida Statutes; 2.S.4.1. When a Certificate of Competenc~ is issued in the name of a business organization ee %e ere el~e'e%&fi~ Mfidee, · ~Le4s~4sSeue name, the certificate shall be in the name of the ~~vl~lua~ business oraanization and the name of the bee4~eee ~ ev ~4e4~bSe~e ~aee oualifvin~ acent shall be noted thereon. The requirements of this Section shall be deemed to be a portion of the application and any false statement made by an applicant as to information required by this. Section shall be grounds for discipline as provided for in PART FOUR of this Ordinance. 2. e · Approved Examiners. The approved examiners for the purpose of administering proctored exams as required by this Ordinance are Block and Associates, 5700 S.W. 34 St. / 1303,. Gainesvilla, Florida 32608 and any other testing agent7 with comparable tasting standards recognized and approved throughout the State of Florida and also approved by the Collier County Contractors' Licensing Board. 2.7. Examinations. A minimum passing grade of 75% shall be required on all examinations. Examinations shall be specific to the trade category for which application for a Cer~ificate of Competenc7 has been made. Said examinations shall be proctored and graded by a testing agency meeting all the requirements of Section 2.6 of this Ordinance. 2.l. Insurance. All licensed contractors shall maintain liability and other categories of insurance, as recruited by Florida law, at all times. Such insurance shall be with an insurance company authorized to do business in the State of Florida. The miniImam limits of liability insurance required shall be not less than $100,000 for bodily injury and $25,000 for property damage or any higher m~nimums as required by Florida lay. All licensed contractors shall maintain applicable Workers' Compensation insurance as required by Florida la~. Words tt~.~j~are added; words =tr=ck ~hr==g~ are deleted. 2.to Znsctive Status. 2.l.1.. Xny. person or firm that holds a valid Collier County/City of Naples Certificate, of competency may place the Certificate of Competency on inactive status during which time said person or fin/entity shall not engage in contracting but may retain the certificate on an inactive basis provided that timely paysant is made of an annual renewal fee as sa~ forth in Section 2.1.S of this Ordinance and applicable resolutions enacted by the Collier County Board of County Cmissioners. 2.1.2. Persons or fir=_c/cn~i~Ic= business 2:g21A~tisJ~ desiring to renew an inactive certificate may do so by complying vith the requirements of Section 1.4 of this Ordinance relating to renewals. 2.XO. Restricted Certificates of Competency. The Contractors' .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 the applicant has satisfactorily demonstrated to the .majority of said Board that the applicant is qualified under this Ordinance in those certain aspects of that trade. 2.XX. Emergency Restricted Certificates of Competency. In the event of a declaration of a state of emergency in Collier County by the Collier County Board of County Commissioners or in the City of Naples by the Naples City Council, in which substantial damage has occurred to buildings and structures so as to cause a shortage of available persons and fArms/entities in the contracting trades for which there are Collier County/City of Naples Certificates of Competency, the Contractors' Licensing IBoard is hereby authorized to: 2,11,1. Declare an emerqency contracting trade shortage of designated categories o~ contractors and/or sub-contractors listed in this Ordinance. This declaration shall be for a period o~ the not to exceed six (6) months. 2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the selection of contractors Words ~ are added~ vords s~h are deleted. aM/or sub-contractors from other ~urlsdictions whose licensing requirements are substantially comparable to those licensed in Collier County, The contractors selected must be licensed in ~urisdlctions whose tasting and licensing requirements hays been prsdetarmlned by the Contractors' Licensing Board to be substantially c~sparabls to the Collier County rsquirsments, 2o12 The County will provide active field supervision within the City of Naples of licensed and unlicensed activity through its investigation and citation authority, 2,12,1 The County shall be responsible for issuing licenses in accordance with this Ordinance to authorize contrsctors to work within ths geographic boundaries of County sad the City of Naples, The County shall collect the fees for those contractors llcsnssd to work within the County sad City of Maples, 2oils All contractors vho o~erate in Collier County shall maintain ces~lets financial and business records for the i--(diatslv ~recedina 3 veers at their licensed ~lace of business. The business and financial records to be maintained fhall include minutes of corporate meetinas. business contacts. telephone records. insurance ~olicies. letters of complaint. notices received fr~s aovernment entitles. bank statementaL canceled checks.' records of accounts receivable and ~avable. financial statements~ loan doctrments. tax returns. employee records and all Other business and financial records the contractor maintains in the course or business. The contractor shall alloy the Contractina Licensina Supervisor. or his desianee. access to all documents referenced inthis section u~on demand and durina normal business hours. Copies of any documents requested by the Contractor Licensina Supervisor. or his desianee shall be ~rovided by the Contractor u~on ~avment of reasonable reproduction costs. which shall not exceed the Contractor's actual reproduction costs. by the ContracttiE Licensina Supervisor or his desinnee. SIC'flOSS ~,Zls )srt ~hres entitled, Ths Contractors' ~icsnsing Boardm shall bs amended to read ~ords~are addedl vords ~t-P~ek-~d~-ee~-h are deletedo PART THREE= THE CONTRACTORS' LICENSING BOARD. S.1. Cowposition. 3.1.1. There is hereby created .the* Contractors' Licensing Board for Collier County, Florida. The Contractors' Lic'~nsing Board shall be composed of nine (9] members Who shall be appointed by the Board of County Commissioners. A minimum of two (2) of these members shall reside within the corporate city limits of Naples or shall be recommended to the Board of County Commissioners by the Naples City Council. The Board of County Commissioners mey also appoint alternate members as it deems appropriate. 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 contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residentisI or building contractor and a licensed representative from , one of the other specialty trades or professions requiring a Certificate of Competency as provided in this Ordinance. This Section is merely directory and f, ailure to have a member of each of these trades shall not be grounds for voiding any action of the Board. All members of the Contractors' Licensing Board shall be permanent residents and electors of Collier County and shall serve without compensation. Members lay be reimbursed for such travel, mileage and per diem expenses as may be authorized, In advance, by the Collier County Board of County Commissioners. ] · l · 2 · The members of the Contractors ' Licensing Board shn11 be as presently constituted and shall continue until the expiration of their terms as set forth in Collier County Resolutions No. 89-171 and No. 90-98. Subsequent appointment of members shall be as follows: a. Three (3) members appointed for a term of one (1) year. b. Three (3) members appointed for a term of two (2) years. c. Three (3) members appointed for a term of -41- Words ~ are added~ ~ords .~ are deleted. I three (3) years. ~ A£ter initial appointments, all appointments shall be made for a ten of three (3) years. A member may be reappointed by the Collier County Board of County Commissioners in accordance vit~ Collier County Ordinance No. 86-41, as it ~ay be amended i! from time to time. 3ol.]o A member of the Contractors' Licensinq · Board say be removed from office for any cause by a majority vote of the Collier County Board of County Commissioners. any member falls to' attend two of three successive board meetings without a satisfactor~ excuse and vithout prior approval of the chairperson of the Contractors' Licensing Boardr the Contractors~ Licensing Board shall request that the Collier County Board of C~unty -Commissioners declare the sewber~s office vacant and promptly fill the vacancy° ].1o4o Any vacancy occurring during the unexpired ten of office of any member of the Contractorst Licensinq Board shall be filled by the Board of County Commissioners. An ~- appoint~ent to fill a vacancy shall be for the remainder of the ~ upsxpirad ten of ]°2° Internal Operatin~ Procedures. 3°~°1° The Contractors' Licensing Board shall elect a chairperson and vice chairperson from its membership. 3,2,2, .Meetings, 3,2,2,~, The Contractors~'Liceneing Board shell hold at least four meetings per year. 3o2,2°2, Upon the request of the Contractor Llcenslnq Supervisor~ or his designee, or at such other times as say be necessary~ the chairperson of the Contractors' Licensir~J Board (and, in his absence, the vice chairperson in the vice chairperson'e absence, the temporar~ chairperson elected by majority vote of the members of the Contractors' Licensing Board) say call hearings of the Contractors' Licensing Board. Hearings say also be called by vritten notice signed by at least three (3) members of thQ Contractors· ~..~ L~censlng Board. At any hearin~ the CentFactors# Licen~ln~ Word° ~ are added; v~rds oE~ue~-~ are deleted. ~. Board Bay set a future. hearing date. Hinutes shall be kept of .~ all seetinqs and hearings and all meetings and proceedings shall be open to the public, · 3,2,2sJe Five s embers shall constitute a quorum for any meeting, and a majority vote of those present shall be required to Bake any decision. ~; 3.2,2,4. The Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required the Contractors' Licensing Board for the proper performance of Its duties. 3.2.2.S. The County Attorney, or hie designee, shall either be counsel for the Contractors' Licensing Board or shall represent the County by presenting cases before the Contractors' Licensing. Board, but in no case shall the County Attorney or his designee serve in beth capacities for the same case or at the same 3.3. Duties and Powers of the Contractors' Licensing ~ Board. 3.3.1. Upon reference by the Contractor Licensing Supervisor or petition b~ an applicant, the Board shall have the power to determine the qualifications of applicants for the various categories of contractors' Certificates of Competency as measured by standards stated in this Ordinance. 3.3.2. The Board shall have the power to hold hearings to determine if a contractor or a Journeyman possessing a Collier County/City of Naples Certificate of Competency, or a State certified contractor doing business in Collier County, s. hould. be disciplined pursuant to Part Four of this Ordinance. It; shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary proceedings. No Belaber of the Contractors' Licensing Board shall have the power to initiate disciplinar~ proceedings tn his/her capacity as a member of the Contractors' Licensing Board. 30303, The Contractors' Licensing Br.~ard shall have the power to adopt such policies, rules and regulations as it Words lllk~Ltt~are added; words =truoh ~hr==;h are deleted. deems necessary to carry out the duties of the Board accordance with the provisions and Latent of thls Ord/nance. Said policies, rules and regulations, when and if reduced to wrt!:~ng, shall be filed with the Clerk to the Board of the Collier County Board of County Commissioners. ]o3.4. The Contractors' Licensing Board shall further have the power to: a. Hold hearings; b. Take testimony under oath; c. Adopt rules and regulations for the conduct of its hearings; d. Discipline contractors or Journeymen holding Collier County/City of Naples Certificates of Competenc~ or State certified contractors doing business in Collier County or the City of Naples pursuant to Part Four of this Ordinance; e. Issue decisions, fi,dings of fact, conclusions of law, impose disciplinary sanctions, and issue orders to carry out the provisions of this Ordinance. 3.3.5. The Contractors' Licensing Board shall also h~ve all other powers granted to said Board by Florida law. 3.3.$. The Contractors' Licensina Board shall have the D~wer to make recommendations to the Board of County Commission reaardina amendments to this Ordinance and shall review amendments to the Ordinance DrOPBead by County staff. IBCTIOM FO~T~I Part Four entitled, Standards of Conduot and Discipline, shall be amended to read as followsl PART FOUR= STANDARDS OF CONDUCT AND DISCIPLINE. 4.1. Mtsconductv - Collier County/City of Naples Certificate of Competency The following actions by a ~=t= ~-~ee~ee4 ee~ e~ e holder of a Collier County/City of Naples Certificate of Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.~ of this Ordinance: 4.1.1. Knowingly combining or conspiring with an unitceased contractor by allowing one's C~mrtificate of Competency to be .used .by an ~ZT~V9~Zcontractor with intent . -44- Words ~ are added; words ~ruck thr=ugh are deleted. to evade the provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any 'fir, without £1r,tlaking application under this Ordinanc, to reprs,ent ,aid ~ firm, such act shall constitute prima facie evidence of intent to ~Tada the provisions of this Ordinance. When a certificate holder allows his ~cartificata to be used by -one or more companie, without having any active participation in the ~:' operations, management# and control of such companies, such act ~' constitutes prime facie evidence of an intent to evade the provisions of this Ordinance. Active participation requires ~ob site supervision, knowledge of and participation in the business operations of the company(s), including all ~ contractual matters. (; 4.1.l.lo If any individual qualifying any business organization. ceases to be affiliated with such business organization, he shall so inform the Board. Zn addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the Board of the individual's ~ermination and shall have no more than sixty (60) days from the date of termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. 4.1°2. Contracting to do any work outside of the scope of his/her competency as listed on hie/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. 4.1.3. Abandoning a construction pro~ect in which he/she is engaged or under contract as a contractor. A pro~ect lay be ee~det-~! Presumed abandoned after ninety (90) absence of a contractor, unless said absence is otherwise provided £or in the construction contract. 4°1.4. Diverting funds or property received for Words ~ are Iddedl wrds _-'.r;;~ t~;~;~.. are deleted. the execution of s specific contract project or operation or dlvsrtinq funds samrked for a specified purpose to any other use whatsoever, 4,1,S, D~parting from or disregarding in any material respect the plans or specifications of a construction Job without the consent of the owner or his duly authorized representative. 4.I.e.' Substantially disregarding or violating, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this County. 4.1.7. Falsifying,or misrepresenting any material fact in his application and supporting papers for the purpose of obtaining a Certificate of Competency under this Ordinance. 4.1.2. Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a ousttsar. Financial mismanagement or misconduct includes, but is not limited to, any of the following: , 4.1.2.1. The contractor fails to fulfill his/her contractual obligations to a customer because of inability, refusal or neglect to pay all creditors for material furnished or work or Services performed in the operation of the business for which he/she is licensed, under any of the following circumstances= e. Valid liens have been recorded against the property of a contractor's customer for ~upplies or services ordered b~ the contractor for the oustomer'e Job; the contractor has received funds from the ouutomer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens; b. The contractor has abandoned a customer's Job and the percentage of completion is less than the percentage of the total contract 'price paid to the contractor as of the time of abandonment, unless the contractor -- r166,,, 344 Words llll~L~are added; words s~r==k ~hr:=~h are deleted. is entitle4 to retain such funds under the terms of the contract o~ refunds the excess funds viibin 30 days after the date the Job is abandoned; c. The contractor's Job has been completed, and it is sheen that the oustcheer has had to pay lore for the contracted Job than the original contract; price, as adjusted for subs~lusnt change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, yam the result of circumstances caused by the customer, or vas othervise permitted by the terms of the contract between the contractor and the customer. 4.~.e. Performing any act which assists a person or entity in engaging in the l~,ohibited unlicsnsed practice of contracting, if the licensed contractor knovs or should have knovn that the person or entity vas unlicensad. 4.1.X0. Failing to promptly correct faulty vork~anship or promptly replace faulty materials installed contrary to the provisions of the construction contract. 4.1.11. Failure to maintain at all times, vith an i~surance ccnapany authorized to do business in the State of Florida, the limits of liability and other categories of insurance as required by this Ordinance. 4.1.12. Failins to claim or Rlsfusing to accept certified mail directed to the contractor by the Contractors' Licensing Board, or its designms. 4o1.13. Failing to maintain a currant mailing address. 4.1.14. Failing to appear in person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor. 4.1.15. Being convicted or found ~uilty, regardless of adjudication, of a crime In Collier County which directly relates to the practice of contracting or the ability to practice contracting. 1.1.16. Allowing another to take a qualifying examination on the appllcant's behalf. ,o. 345 -' Words 1~ are added; words ............... are deleted. 4.1.17. Engaging in contracting business in Collier County or the City of Naples when prohibited from doing so by the Contractors' Licensing Board of Collier County. 4o1.11o Proceeding on any ~ob without obtaining applicable penits or inspections from the City of ~aples Building and Zoning Division/Collier County Building Departsent. 4.1.19. Failing in any material respect to comply with the provisions of this Ordinance as a contractor or as a qualifying agent for a business entity engaging in contracting. 4.1.20. Bi~ning a statement with respect to a pro~act or contract falsely indicating that the work is bunded~ falsely indicating that pay~en~ has been made for subcontracted work, labor, or materials which results in a financial loss to the ovner, purchaser, or contractor~ or falsely indicating that Workers# Co~pensation and public liability insurance are provided. 4.1.21. Failure of a qualifying agent for a firs/l~al business entity to comply with the requirements set (orth in Sections 489.119 and 489.1195, Florida Statutes. 4.1.2'2. Falsifying or misrepresenting any material fact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer, am a contractor, or as an esployee, regardless of any financial consideration. 4.1.23. Failina or refusin~ to ~rovids ~roof of Dublic liability and ~ro~erty damaae insurance coveteae and VOrkers compensation insurance coverage. 4,2 MisCO~duc~b - State Certified Contractors The foliowine actions by State Certified Contractors shall constitute misconduct and arounds for disci~line pursuant to Section 4.3 of this Ordinance. 4.2.1. Failina or refusin~ to ~rovide ~roof of _~ublic liability and oro~ert~ damaae insurance coverac~ and Vorkers compensation'insurance coveraae. Words ~ are added~ words ............... are deleted. 4,2,2. Willfully violatime the a~licabls ~uildina codes or lays of the state. City of flaplee or Collier "' 4.2.3° If the Board ~tnds thr~ the ~bltc heari~ ~ess that the c~tra~or was r~nd ~iltv in another c~tv ~ ~iciualitv within the ~ast twelve f121 months. o~ fraud ~ a willful ~ildin~ c~e violation and ~inds that such ~faud ~ violation is fraud or a violation i~ c~itted Colli~ C~v or the Ci~ of 4.2.4. ~aud. 4.2t. Discipli~ ~eedinqs. 4.21.1. ~s Contractor Licsnsin~ Sups~isor, or his desires, My initiate dl~clplins~ pr~sedlngs against a ll~ns~ ~tra~ f~ violations of this ~dinancs ~ s ~ ~lalnt vi~ the Clerk to the Collier C~nty Board ~ty ~lssioners. 4-~t.2- ~ ~rson who ~lievss ~at a ~ntra~or ..L · ,' holdi~ a ~ift~ of ~ten~ has vlolatg ~is ~di~ncs My ~lt a ~ ~laint to the Contra~or Licensing 2.~ls~, ~ his/her desires. ~e ~laint shll h ~~tially ~s f~ ~ss~ihd ~ the Contremor Licensing 5u~ls~. ~s c~lal~nt shall pay a fee of $50.00, to defray ~s ~sts of a~inls~rtnq the c~lalnt, at ~s tt~ flli~ the ~lsint. ~s ~latning pa~y shall s~ts with ~l~larlty ~lch seaion(s) o~ this ~dlnancs he or she hli,ss ~s hen violat~ ~ the contremor a~ the essential fs~s in ~~ ~ersof. 4.21.3. ~n ~s suhtssion of a ~o~ c~laint, the ~tra~or Licsnsi~ Su~isor, or his/her dSsiqnee, shsll ~u~ a prsliml~ Investigation and deterins ~sthsr ~laint s~ltted wadants the Etlinq o~ foml charges. ~rgss are ~an~, ~s Contra~or Llcs~ing ~e~ls~, or his/her desires, shll file the complaint with the Clerk to ~s ~lll~ ~ty ~ard oE County C~issloners and shall se~, ~ ~iflsd ~il, rstu~ receipt redsstY, a letter to ~e li~ ~ntra~or at his ~ ~ ~ addtees, ~ Words ~ are addS; ~rds s~~ are deleted. a~licabls the local aaentfs address. as sho~n by the records of the Contractors~ Licensing Board, enclosing a copy of the complaint and indi~i~: a, ~s ~ss o~ the c~lainan~ b, ~s ~(s) o~ the c~ission o~ the a11~ o~fs~s (s) ~ c. ~s se~ion(s) o~ this O~dinanes alleged to ~ve ~sn violat~ d. ~e ra~s o~ discipZina~ san~ions ~lch My h l~s~ ~n a~ ~a~or, pursuant to this ~dinancs ~ ~s ~ntra~s~. Llcensi~ Board in the event said Board Zl~s a violation o~ ~ls ~dinancs to hays oc~sd~ s. ~s dats~ time and place at ~ich the ~tra~r shall s~ar hf~s the Contremors~ Licsnsin~ Board f~ a h~rl~ r~ardl~ the c~laint. ~s date scheduled shall not h ~ner ~n ~snty (20) days fr~ ~s maili~ date oZ ~s ce~ifi~ lst~r. 4.S~.3.~. ~e notice of hearing retired ~ ~is Seaion My, in ~s aZte~tive, h acc~lished ' ~ ha~ d~Zivs~ of said notice to ~e contremor ~ ~s Contremor Licsnsl~ ~lsor, or his/her designaa, or ~ leaving said noti~ at ~e contra~'s ~ usual place of residence vl~ sm ~rson o~ his/her Zaaily over ~5 years o~ age and ln~o~l~ ~ch ~rson of ~s contents o~ the notice. 4.e~.3.~. ~ ~ As an atts~ativs to provldl~ notice as set fo~h a~ve, a~ the option o~ the Contremor Licsnsi~ hpe~isor~ notice may ~ fuJished to the contra~or ~ ~Zl~tion as foll~s: a. ~ch notice shall h ~blished once d~l~ sa~ reek for four ( 4 ) conse~ivs yeaks ( f~r ~li~tions ~ing ~icient) in a n~spaper of general cir~lation In Collier County. ~e nevspaper shall seat such r~lrusnts as are pres~ihd under Chapter 50, Florida 8~tutss, for l~al and o~flcial advertisements~ b. ~oo~ o~ publication shall ~ made as provided in Sections 50.04 ~ and 50. 051 ~ ' Florida S~atutes. Wor~ ~ are add~I ~rds .............. ~ 8re dele~ed. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section. 4.9~.3.3. Xlthouah not re~uired to orove that Dotice was provided. ~vidence that an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsection 4.91.3.2, shall be sufficient to show that the notice of hearing requirements of this Section have been met, viehour regard to whether or not the alleged violator actually received such notice. 4.2t.4. Conduct of hearing. 4.ej.4.%. A hear%ng shall be held concerning the complaint and it shall be open to the publiC. 4.e~.4.2. The proceedings 'at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at hisSher own expense. Neither Collier County nor the Contractors' Licensing Board shall be r~sponsible for amy failure of recording equipment during the conduct of the hearing. 4.el.4.J. Each case before the Contractors' Licensing Board shall be presented by the County Attorney, an Assistant County Attorney, or by a member of the County staff. 4.2~.4.4. Assuming proper notice of the hearing has been provided to the contractor as -provided in Section 4.91.3 of this OrdinanCe, a hearing may proceed in the absence of the contractor. 4.~.4.S. The Contractors'.Licensing Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by ~he re~pective parties. Words l~l~L~al~ are added] words s~ruc~ ~hrcugh are deleted. 4.el.4.J. Fozloal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excludedy but all otht~ evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient, by to support a finding unless such hearsay would be admissible over ob~ection in civil actions in court. The rules of privilege shall be effective to the same extent that they are nov or hereafter may be recognized in civil actions. 4.et.4.7. Any member of the Contractors' .Licensing Board may question any witness before the Board. Each party to the proceedings shall have the right to call and examine witnesses~ to introduce exhibits~ to cross-examine witnesses; to impeach any witness regardless of which party called the witness to testify and to rebut any evidence presented against'the party. 4.et-4;I. The chairperson or, in his/her absence, the vice chairperson, shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. 4.et.4.e. At the conclusion of the hearing, the Contractors' Licensing Board shall issue findings of fact based on evidence of record and conclusions of law~ impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board. '0" G66" 350 4.2t-4.X0. The decision of the'Contractors' -52- Words~ are added~ words eL~ue~ are deleted. Licensing Board shall be stated orally at the hearing and shall be reduced towfiring and mailed to the parties within 15 days after the hearing. The findings of fact and conclusions of law, disciplinar~ sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced towfiring. 4.et.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of qUestions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by 'members of the Contractors' Licensing Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant to Suboections 4..1.4.9 and 4.~1.4.10 of this Ordinance. 4.et.S. Disciplinary Sanctions. . 4.I1.S.X. Holders of Collier County/City of Naples Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a Contractor, within the meaning of Section 4.1 of this Ordinance,' said Board may, but shall not be required to, impose any of the'following enumerated sanctions, alone or in combination: a. Revocation of a Collier County/City of Naples Certificate of Competency~ b. Suspension of a Collier County/City of Naples Certificate of Competency; c. Denial of the issuance or renewal of a Collier County/City of Naples Certificate of Competencyy Words la~tgX/Ja121are added~ words st-~ue~are deleted. d. A period of probation of reasonable lsnQth, no{: to exceed two years, during which the contractor~s contracting activities shall be under the supervision of the Corrt..ractors~ Licensing Boardt and/or participation In a duly accredited program of continuing education directly related to the contractor's contracting activities.' I Any period of probation or continuing education program ordered by the Contractorst Licensing Board may be revoked for cause by said Board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in Section 4.~.3 of this Ordinance. Service of said notice shall be as provided in Sections 4.~1.3 and 4.~1.3.1 of this Ordinance. Evidence that either of these methods of service have been utilized shall be sufficient to show that the notice of haarin~ requirements of this Section have been met, without regard to whether or not the alleged violator actually received noticey e. Restitution~ f. x fi.e .or to axceed $ ,ooo; , ~g. Apublic reprimand~ h. Re-examination requiremant~ i. Denial of the issuance of Collier County or City of Naples building permits or requiring the issuance of parmits~with specific conditions~ ~. ReasOnable iq~esti~ative and leaal costs rot the ~rosecution o~ the violation. 4.21.2o2o Holders of State of Florida Certificates of Competency. a. If, a~ter hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of Section 4.&l of this Ordinance, said Board ~y deny the- issuance oE Collier County/City of Naples. building permits or require the issuance of permits with specific conditions. WordsRll~ are added~ words =tr';=~ ~=:=~ are daIeted. ~ e ~n ~ ~ ~otification of and inforsation concerning such permit denial shall be submitted tO the Florida Department of ~ Professional' Requlation vithin 15 days after the Contractors' Licensing Board decides to deny the permit. 4.et~S.3. When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Ccspetenc~ or a state certi£1ed contractor ~ho has been found ~o have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as yell asz a. The ;ravity of the violation; b. The impact of the violation on the public health, welfare or safety; C- Xny actions taken by the violator to correct the violation; d. Any previous violations cmmsitted by the violator; e. Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate £or the case given the nature of the violation and the violator. 4.2t.5.4. Any disciplinary sanctions imposed by the Contractors# Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders othervise, Words ~ are added; words et~ek--bh~eegb are deleted. all in accordance vlth Section 4,.a3.4,10 o£ this Ordinance, .J, 4,3,S-S- Zn addition to any a~lon the :. _Ccmtractorst ticensin_e Board lay take aaainst the individual's / or business or~_anization's local license. and any fine the ContYactors # Licerio in~ Board mav tmDoSS.. the Contractors ' ticenstll_~ Board shall 'issue a re~omme,dCd oenalty for the State ; Construction Industry Licensin~ Board or if the action involves an electrical contractor or an alarm contractor. the State ].'lectrical Contractors' ticensinQ Board action. This reco~sended ~enaltv aav include a recommendation for Eo further action. or a recommendation for suspension. revocation. or restriction of the resistration. or a fine to be levied b~ the Construction Zndustrv ticsheine Board or ZlsC~ricat COntractors' r~lcensina Board. or a combination thereof. The Contractors' I. icsnsin~ Board body shall inform the disciplined contraCtor and the complainant of the local license penalty im~Dsed. the DenaltV reckamended. his riahts to avveal. and the consequences should he decide not to avveal. The Contractors' Licensin~ Board ' shall. u~on hayinn reached ad~udication J.~ediatelv inform the Construction Industry ttcensinq Board or · lectrical Contractorst ticensinu Board of its action and the ~ecommsnded board Denall;~fs IECTIOI FZVII ~art Five ~ntitled, Xs-heszJn~ and Xppeals of Decisions o£ the Contractorst L!censinq Board, shall be amended as. follovss PART FIVZ ~ RZ-HFARING AND APPEALS OF DECISION5 OF THZ CONTRACTORSf LICENSING BOARD. 5.1. Rehearlng. 2.1.1. Ths contractor found to be in violation of this Ordinance may request a rshsartnq of any decision of ths Contractors' Licensing Board. A request for rsheartnq shall be lade In Frtttnq and shall be filed with the Clerk to the Collier County Board of County Commissioners, and served on any other parties, within tventy (20) days from the date of mailing of the Board's Vrttten decision under Section 4.~3.4.'.~.C2 and 4.~3.4.10 of this ordinance. A request for rsheartng shall be based only on the ground that the decision yes ,:ontrary to the -56- Words ~ are addedX words st~uek-~heem/h are deleted. evidence or that t, he hearing' ,involved an error on s ruling of law which yam fundmetal to the decision of the Contractors' licensing Board. The written request for rehsaring shall specify the precise reasons therefor. The decision of the Contractors# Licensing Board which is the subject of the rahearing request shall rexsin in effect throughout the rehearing procedure unless the Contractors' Licensing Board orders otherwise. S.1.2. The Contractors' Licensing Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to. the interested parties within 10 days after the decision is wade. If the ContractorS' Licensing Board determines it will grant a rehearing, it mayx a. Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the the Contractors' Licensing Board to the specific reasons for which the rehearlng was gran. ted~ or b. ]~odlfy or reverse its prior decision, w.ithout receiving further evidence, providing that the change is based on a finding that the prior decision of the Contractors ' Licensing Board resulted from a ruling on a question of law which the Board has been lnfolmed by its counsel yam an erroneous ruling. 2.2. Appeals. 2.2.1o . The contractor found to be in violation of this Ordinance way appeal a decision of the · Contractors' Licensing Board to the Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Contractors' Licensing Board. Any appeal shall be filed with the Circuit Court and served on the parties within thirty (30) days of the mailing of the decision of the Board under Sections 4.~3.4.9 end 4 .~3.4.10 of this Ordinance. I f there has been a re-hearing request, the appeal shall be filed wLth the Clrouit Court and served on the parties within thirty (30) days of the Words ~ are added~ words ..... ~ '~ .... ~ are deleted. xailing of the re-hearing decision under Section 5.1.2 of this Ordinance. 2,2.2, In the event that the contractor found to be in violation of this Ordinance should elect to appeal, a verbxtim record and transcript of the proceedings shall be necessary. It shall be the sole responsibility of said party to ensure that a record is made form which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the Contractors' Licensing Board shall have any responsibility to provide a verbatim record transcript of the proceedings. IF, CTZ01I Ills Conflict and I~verability. In the event this Ordinance conflicts with any other ordinance of the City of Naples or Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such' holding shall not affect the validity of the re~aining portion. SECTION lEVIIf: Xffeo~ive Date. This Ordinance shall become effective upon receipt of notice free the Seore~ary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this r~r day of ~,. 1994. DWIGHT E, BROCK,'Clerk BOARD OF COUNTY COMMISSIONERS ..; OF COLLIER CC , FLORIDA Approved as to form and. 7Ns oreSnonce flied with the ~ I re 0 O o ef legal; sufficiency: ~ e~o: t Of -58 - Words ~ are' added; words e~,'uok--t-h,re~HJh are deleted. STAT~ Or FLORXDA ) COUNTY OF COLLIgR ) Z, DWIGHT g.'BROCK, Clerk of-Courts in and for the Twentieth Judicial CIrcuit, Collier County, Florida, do hereby certify that the foregoing Is a true copy Ordinance No. 94-34 which was adopted by the Board of County Commissioners on the 28th day of 3une, 1994, durlng Regular Session. WITNESS my hand and the official seal of the Board of County Couissioners of Collier County. Florida. this 29th day of June. 1994. DWIGHT X. BROCK · ~ ~-offlclo to Board of.; '- County Commission s ' ' /s/Haureen ,nyon, , -.*; .' ~eputy Clerk ' *