Ordinance 92-061 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
90-105, THE COLLIER COUNTY CONTRACTORS~ LICENSING BOARD
ORDINANCE~ EXPANDING THE APPLICATION OF THE ORDINANCE
TO INCLUDE THE CITY OF NAPLES~ RESTRICTING
OWNER-BUILDER EXEMPTION TO RESIDENTIAL ONLY$ PROVIDING
CLARIFICATION OF DEFINITIONS AND CONTRACTOR
QUALIFICATIONS IN CERTAIN TRADES~ PROVIDING A
LIMITATION ON QUALIFYING AGENTS$ STATING THE CORRECT
FICTITIOUS NAME FILING PROCEDURES REMOVING THE CITY OF
NAPLES RECIPROCITY AND EXPANDING THE COUNTYeS RESPONSI-
BILITY FOR ISSUANCE OF LICENSES, ENFORC~E~.ENT_~_~AND
COLLECTION OF FEES WITHIN THE CITY OF NAPLES, ST~'ING'~
THE RESPONSIBILITIXS OF A QUALIFYING AGENT FOR~ANY~
FIRM~ PROVIDING ADDITIONAL CATEGORIES OF CONTR~OR
MISCONDUCT~ PROVIDING ADDITIONAL SANCTIONS ~FOR (~, I--
VIOLATION~ PROVIDING FOR CONFLICT AND SEVERABI~TY~
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County and the City of Nails
histor~cally operated independently of each other in licensing
of contractors in the building industry and in enforcement of
their respective codes related to the construction industryI
and
WHEREAS, it is in the best interests of the citizens of
the City and the County to transfer the licensing of City
contractors to the Jurisdiction of the County in order to
provide more efficient, cost-effective services for the
issuance and enforcement of contractor licensing~ and
WHEREAS, pursuant to Chapter 92-55, Laws of Florida, the
state legislature has expanded the authority of local
contractor licensing boards and it is in the best interest of
the citizens of the City and the County to amend the
Contractors' Licensing Board Ordinance to include additional
sanctions which may be imposed against a contractor found to be
in violation of the ordinances and
WHEREAS, the requirements of licensing for several of the
trades within the ordinance have changed or reqUire
modification.
NOW, THEREFORE, BE IT ORDAINED BY THE BOAh~D OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Part One Entitled, Certificates of
Competenc~ Required, shall be
amended as follows:
PART ONE: CERTIFICATES OF COMPETENCY REQUIRE~.
%.~. Unlawful~U~ ~UU,~'~A~-Og'~aot without a Certif~cat. of
Words underlined are added~ words struck-through are deleted.
Competency. It shall be unlawful for any person, firm,
partnership, corporation or other legal entity to: engage in
any construction contracting business, adver~ise or represent
himself/herself or a business organization as available to
engage in any construction contracting business, or act in the
capacity of a 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..~oundaries 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 of Competency or an
applicable State Certified License. Nothing herein shall be
construed to Bean that there cannot be employees in a trade who
are not qualified or certified within the definitions herein
set forth if such employees are employed by a licensed
contractor who exercises supervision and control over said
employees. Indicia of an employment relationship shal~'include
~he employerts regular payment of wages and compensation, FICA
deductions, tax withholding and provision of Workers~ Compen-
sation to the employees, all as prescribed by law.
1.2. Building Permits.
1.2.1. No building permit shall be issued for the
construction, alteration, or repair of any structure unless the
applicant for the permit possesses a current Collier County
/City of Naoles Certificate of Competency, an applicable State
Certified License, or is exempt froa the operation of this
Ordinance.
1.2.2. It aha11 be unlawful for any ow~er-builder
to procure a building permit and to use said permit with the
intent to aid or abet an unlicensed contractor to perform the
permitted construction, alteration, or repair. Such conduct
shall be punishable as a violation of this Ordinance and
permit and inspection shall be considered invalid for that
portion of the construction related to the violation.
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Words underlined are added; words str~ek-throtiqh are deleted.
~.3, Exemptions.
.. Owners of property when acting as their o~n
contractor and providing all material supervision themselves,
~:;; when building or improving farm outbuildings or one-family or
~' two-family residences on such property for the occupancy or use
of such owners and not offered for sale or lease~
bai~din~--o~-imp~ovSng-eone~eiai-buiidin~s-a~--a-~es~-o~-ander
G~STOeO--en--oueh--preper~M-fo~--~he-eeeupaney--or-ase--ef-oach
ow~ere--and--no~--offered-feF--sale-eF--ieaee? In all actions
brought under Section 1.l of this Ordinance, proof of the sale
or lease~ or offering for sale or lease, of more than one such
structure by the owner-builder within 12 months after comple-
tion of same is prima facle evidence that the construction was
undertaken for purposes of sale or lease. This does not exempt
any person who is employed by such owner and who acts in the
capacity of a contractor. This exemmtion does not a~nlv to any
ty~e of commercial buildtno. To qualify for exemption under
· this Subsection, an owner must personally appear and sign the
':},~ building permit application. An owner-builder will be issued a
maximum of one (1) owner-builder permit for the construction
of a one-family or two-family home ?-or-a-ee~e~eia{-~enevatia,
net--te--e~eeed--$~re~S~e~--in--velaer tn any three (~) year
period. An owner-builder anDlvino for or receivin~ more
one Butldtn~ Permit for the construction of a one-familY
two-family home tn any three 1~} year ~eriod shall be nrima
facle evidence of buildtn~/contractino wtthou~ a license which
is a violation of this ordinance.
1.~.l. Public Works.
The provisions of this Ordinance shall not
apply to: any construction, alteration, improvement, or repair
carried on within the limits of any site the title to which is
in the United States or with respect to which federal law
supersedes this Ordinance; or to an authorized employee of the
~ords ~are added; words s~aek-~h~ea~h are deleted.
United States, this State, or any nunicipality, county, or
~i other political subdivision if the employee does not hold
~ himself out for hire or otherwise engage in contracting except
:' in accordance with hie employment.
1.3.3. Persona Holding Current State Certified
· Certificates of Competency. Any person holding a current State
of Florida Cer~ified Certificate of Competency ia exempt from
obtaining a Collier County/City of NaDles Certificate of
~i) Competency for that trade for which he/she is certified by the
State, unless a local license is also required. Such person is
required to possess a current occupational license issued by
the Tax Collector of Collier County, and his/her performance as
a contractor shall be subject to all other requirements of this
i: Ordinance not in conflict with applicable Florida law.
1.4. Renewal of Certificates of Competency.
1.4.1. Certificates of Competency shall expire
annually at midnight on September 30th of each year.
X.4.2. The Contractor Licensing Supervisor shall
direct the mailing of renewal notices to all licensed
' contractors at least one month prior to the expiration date of
the licenses.
'~i X.4.3. Applicants for renewal must present the
Contractor Licensing Supervisor with the followings
A. Evidence of insurance as required by this
Ordinance.
': B. A current Collier County and/or City of
: Naples occupational license, as applicable.
I 1.4.4. Any individual failing to renew
Certificate of Competency prior to midnight on September 30th
of each year shall have until midnight December 31st of the
same year to renew his Certificate of Competency, provided
however, that in addition to payment of the standard renewal
fee as required by this Ordinance, the applicant shall be
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Words underlined are added~ words at~ek-thre~gh are deleted.
charged a late fee in accordance with the schedule of fees and
charges adopted by resolution pursuant to Section 2.1.5 of this
Ordinance.
1.4.$. 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.~. Any individual failing to renew his
Certificate of Competency prior to December 31st shall be
required to make reapplication pursuant to Part Two of this
Ordinance.
~.S. Contractors' Identification Required on all
Advertising Mediums.
~.S.~. All contractors licensed under the
provisions of this Ordinance shall be required to firmly affix
and/or to display the qualiflar~s Certificate of Competency
Number and the "Doing Business As" Name on all advertising
mediums used by the contractor, including vehicles 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.~. Definitions and Contractor Qualifications.
1.6.1. Contractor means the person who is
qualified for and responsible for the entire project contracted
for and meams, except for those herein exempted, the person
who, for compensation, undertakes to, or submits a bid to, or
does himself or by others, construct, repair, alter, remodel,
add to, subtract from, 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.
1.6.X.X. General Contractor requires
forty-eight (48) months experience as a supervisor with a
passing grade on a six-hour test and means a contractor whose
services are unlimited as to the type of work which he/she
may do, except as provided in this Ordinance.
Words underlined are added; words st~uek-th=euqh are deleted.
~ See also 6eCto 1.6.2.
1,6.1.2. ~utldtnq Contractor requires
forty-e/gAt (48) months experience ae a supervisor v/th a
passing grade on a six-hour test and means a contractor whose
services are limited to construction of commercial buildings
and single-dwelling or multiple-dwelling residential buildings,
which commercial 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 of any size building if the
services do not affect the structural members of the building.
NOTE.' Also see Sect. 1.6.2.
1.~.1.3. Residential Contractor requires
fo~y-eiqht (48) man,hi experience as a supervisor with a
passing qrade on a six hour test and means a contractor whose
services are limited to construction, remodeling, repair, or
improvement of one-family, two-family, or three-family
residences not exceeding tvs stories in height and accessory
use structures in connection therewith.
NOTE'. Also see Sect. 1.6.2.
1.&.1.4. Contractor qualifications for practice
and restrictions.
A general, building, or residential contractor shall not
be required to subcontrac~ the installation of wood shingles,
wood shakes, asphalt or fiberglass shingle roofing materials on
a new building of his own construction. Further,
eon~reete=--sha}}--nst--be-eoqu~eed--~e-subeemtFset--s~e~eea}
sw~*~g--pee~--weekt--sed? a aeneral contractor on new site
development work, site redevelopment work, mobile ho~e parks,
and commercial properties, shall not be required to subcontract
the construction of the main sanitary sewer collection system,
the storm water collection syste~, and the water distribution
system, not including the continuation of utility lines from
the mains to the buildings. Further, as to mobile home parks,
Words~ ara addsd~ words s~aek-~hrouqh are deleted.
the general contractor shall not be required to subcontract the
continuation of utility lines from the mains, and the
continuations are to be considered a part of the main sewer
collsotion and main water distribution systems. However, no
general, building or rssidential contractor s=ats certified
after.. 1973, shall act as, hold himself/herself out to be, or
advertise himsslf/hersslf to be a roofing contractor unless
he/she is certified or registered as a roofing contractor.
1.&.2. Subcontracting~ Subcontractors.
A contractor shall subcontract the
electrical, mechanical, plumbing, roofing, sheet metal,
swimming pool, and air conditioning work for which a local
examination for a Certificate of Competency or a licenss is
rsquired, unless such contractor holds a Certificate of
Competency or license of the respective trade category, as
required by the appropriate local authority.
l.~.2.1o Sheet Metal Contractor requires
twenty-four (24) months experisnce and a passing grade on a
three hour test and means any person whose services are
unlimited in the sheet metal trade and who has the experience,
knowledge, and skill necessary for the manufacture,
fabrication, assembling, handling, erection, installation,
dismantling, conditioning, adjustment, insulation, alteration,
repair, servicing, or design, when not prohibitsd by law, of
ferrous or nonferrous metal work of U.S. No. 10 gauge or its
equivalent or lighter gauge and of other mater/ale,
including, but not limited to, fiberglass, used in lieu thereof
and of air-handling systems including the setting of
air-handling equipment and reinforcement of sams and including
the balancing of air-handling systems. This definition and
qualifications does not include roofing.
1.&.2.2. Roofing Contractor requires thirty-six
(36] months experience, a passing grade on a three hour test
and means any person whose services are unlimited in the
Words ~ are added~ words st~ek-th~su~h are deleted.
rooffing trade and ~ho has the ex~erience, knowledge, and skill
). to install, maintain, repair, alter, extend, or design, when
'~' not prohibited by law, and use materials and items used in the
' Installation, maintenance, extension, and alteration of all
~-. kinds of roofing and rose waterproofing and coating, except
i'.]. when coating ia not represented to protect, repair, waterproof,
atop leaks, or ex~:snd the life of the roof.
I.~.2.S. Mechanical Contractor requires
~-' forty-eight (48) months experience, a passing grade on a six
hour teat and means any person whose services are unlimited in
the execution of contracts requiring the experience, knowledge,
and skill to install, maintain, repair, fabricate, altar,
: extend, or design, when not prohibited by law, central air
conditioning, refrigeration, heating, and ventilating systems,
i!' including duct work in connection with a complete system only
to the extent such duct work ia performed by the contractor as
is necessary to make complete an air-distribution system,
~:~ boiler and unfired pressure vessel systems, lift station
~.:~. equipment and piping, and all appurtenances, apparatus, or
'~.' equipment used in connection therewith; and to install,
~ maintain, repair, fabricate, alter, extend, or design, when not
prohibited by law, piping, insulation of pipes, vessels and
ducts, pressure and process piping, pneumatic control piping,
~? gasoline tartke and pump installations and piping for same,
..~. standpipes, air piping, vacuum line piping, oxygen lines,
~.. n~trous oxide p~ping, 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
e~de of an existing electrical disconnect switch; and to
install a condensate drain from an air condition~ng 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 aha11 also include any excavation work
.. incidental thereto, but shall not include any work such as
~orde underlined ara added~ words etraek-thro~gh are deleted.
· .:. liquefied petroleum gas fuel lines within buildings, potable
water lines or connections thereto, sanitary sewer lines,
~ swimming pool piping and filters, or electrical powe~ wiring.
'?' l.~oZ.4o Class A air conditioning contractor
requires thirty-slx (36) months experience with a passing grade
). on a six hour test and means any person whose services ars
~:. unlimited in the execution of contracts requiring the
~'. experience, knowledge, and skill to install, maintain, repair,
fabricate, alter, extend, or design, when not prohibited by
law, central air conditioning, refrigeration, 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 complete an air
distribution system, boiler and unfired pressure vessel systems
and all appurtenances, apparatus, or equipment used in
connection therewith; to install, maintain, repair, fabricate,
' alter, extend, or design, when not prohibited by law, piping,
' insulation of pipes, vessels and ducts, pressure and process
' piping, and pneumatic control piping; to disconnect or
reconnect power wiring and Xow voltage heating, ventilating,
~. and air conditioning control wiring on the load side of an
~ existing electrical disconnect switch; and to .install a
' condensate grain 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,
swimming pool piping and filters, or electrical power wiring on
~,,.. the line side of the disconnect switch.
X.~.2.$. Class B air conditioning contractor
requires twenty-four (24) months experience with a passing
grads on a six hour test and means any person whose services
are limited to twenty-five ~seof ~ing and five hundred
Worde~ are added; words st~uek-th=eugh are deleted.
thousand BTU of heating in any one system in the execution of
contracts requiring the experience, knowledge, and skill to
install, maintain, repair, fabricate, alter, extend, or design,
when not prohibited b~ law, central air conditioning,
refrigeration, heating, and ventilating systems, including duc~
work in connection with a complete system only to the extent
such duct work is perfoz~aed by the contractor as is necessa~
to make complete an air distribution system being installed
under this classification; to install, maintain, repair,
fabricate, alter, extend, or design, when not prohibited by
law, piping and insulation of pipes, vessels, and ducts; to
disconnect or reconnect power wiring and Iow voltage heating,
ventilating, and air conditioning control wiring on the load
aide of an existing electrical disconnect switchl 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 sanitar~ 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, sanitar~ sewer
lines, swimming pool piping and filters, or electrical power
wiring on the line side of the disconnect switch.
X.6.2.1. Class C air conditioning contractor
requires twenty-four (24) months experience with a passing
9Tade on a six hour test and means any person whose business is
limited to the servicing of air conditioning, heating, or
refrigeration systems, including duct alterations in connection
with those systems he/she is servicing.
RBG~6TRAT~eN-NeT-RB~RBB~
1.6.2.6.1. Journevl~an Air Condition~n~
License Holder reau~res four [4~ years as aoDrentice, a passin~
grade on a six hour test. and means those aualif~ed to DerfoL-~
work in the A~r Conditioning Trade wh~le e~Dloved or suDerv~se~
by an air condit~onina contract~
Words underlined are added; words s~ek-~k=eu~ ars deleted.
X.6.2.?. Commercial pool/epa contractor
requiree thirty-eix (36) months experience with a paeeing grade
on a three hour teet and meane any person whose scope of work
'~ involves, but is not limited to, the construction, repair,
water treatment, and servicing of any ewimming pool or hot tub
or epa, whether public, private, or otherwise, regardlese of
use. The scope of such work includes layout, excavation,
jj operation of conetruc~ion pumps for dewatering purposes,
'. Iteelwork, installation of light niches, construction of
floors, guniting, fiberglaseing, installation of tile and
coping, inetallation of all perimeter and filter piping,
installation of all filter e~uipment and chemical feeders of
any type, plaetering of the interior, construction of decks,
conetruction of equipment roome or housing for pool equipment,
and inetallation of package pool heaters. However, the scope
of such work dose not include direct connections to a eanitary
sewer eyetem, potable water lines or to any electrical
"~ lnetallation.
1.~.2.S. Residential pool/spa contractor
requiree twenty-four (24) months experience with a passing
grade on a three hour test and means any person whose scope of
work involvee, but ie not limited to, the conetruction, repair,
· water treatment, and servicing of any residential swimming pool
or hot tub or spa, regardless of uee. The scope of such work
includee layout, excavation, operation of construction pumpe
for dewatering purposes, steelwork, installation of light
niches, conetruction of floore, guniting, fiberglaseing,
installation of tile and coping, lnetallation of all perimeter
and filter piping, inetallation of all filter equipment and
chemical feeders of any type, plaetering 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
eanitary eewer eyetem, potable water lines or to any electrical
Worde ~ are added~ words et=uek-th=o~qh are deleted.
I.S.2o9. Svimming pool/spa servicing contractor
requires 24 months experience with a passing grade on a three
hour test and means any person whose scope of work involves the
servicing, repair, water treatment, including, but not limited
to, the direct infusion of chlorine gas and maintenance of any
swimming pool or hot tub or spa, whether public or private.
The scope of such work may include any necessary piping and
repairs, replacement and repair of existing equipment, or
installation of new additional equipment as necessary. 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, replastering, reconstruction
of decks, and reinstallat~on or addition of pool heaters.
1.&.2.10. a? Journeyman Plumber requires (4)
years as apprentice, a passing grade on a six hour test, and
means those qualified to perform work in the plumbing trades
while employed or supervised by a plumbing contractor.
Plumbing Contractor requires twenty-four (24) months experience
aa Journeyman with a passing grade on a six hour test and a
and means any
person whose contracting business consists of the execution of
contracts requiring the experience, financial means, knowledge,
and skill to install, ~aintain, repair, alter, extend, or when
not prohibited by law, design plumbing. A plumbing contractor
may install, mainta~n, repair, alter, extend, or, when not
prohibited by law, design the following without obtaining any
additional local regulatory license, certificate, or
registration= sanitary drainage or storm drainage facilities/
venting systems; public or private water supply systems/ septic
tanks/ drainage and supply wells/ swimming pool piping/
irrigation systems; or solar heating water systems and all
appurtenances, apparatus, or equipment used in connection
therewith, including boilers and pressure process piping and
including the installation of water, natural gas (excluding
054 318
PIO£
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Words ~ are added/ words struek-threu§h are deleted.
liquid petroleum gases), and storm and sanitary sewer lines~
and water and sewer plants and substations. Tho scope of work
of the plumbing contractor also includes the design, when not
prohibited by law, and installation, maintenance, repair,
alteration, or extensions of air-piping, vacuum line piping,
oxygen line piping, nitrous oxide piping, and all related
medical gas systems; firs line standpipes and fire sprinklers
to the extent authorized by applicable law; ink and chemical
lines~ fuel oil and gasoline piping, except bulk storage
plants~ and pneumatic control piping systems, all in such a
manner al to comply with all plans, specifications, codes,
laws, and regulations applicable. The scope of work of the
plumbing contractor shall apply to private property and public
property, shall include any excavation work incidental thereto,
and shall include the work of the specialty plumbing
contractor. Such contractor shall subcontract, with a
qualified contractor in the field concerned, all other work
incidental to the work but which is specified herein as being
the work of a trade other than that of a plumbing contractor.
X.6.2.XX. a? Journeyman Electrician requires
four (4) years as an apprentice, a passing qrade on a six hour
test, and means those persons qualified to perform work in the
electrical trades while employed or supervised by an electrical
· contractor. Electrical Contractor requires twenty-four
months experience as a Journeyman with a passing grade on a six
hour test
and means a person who conducts business in the electrical
trade field and who has the experience, knowledge, and skill to
install, repair, alter, add to, or design, in compliance with
law, electrical wiring, fixtures, appliances, apparatus,
raceways, conduit, or any part thereof, which generates,
transmits, transforms, or utilizes electrical energy in any
.form, including the electrical installations and systems within
plants and substations, all in compliance with applicable
Words ~ are added~ words at~ek-thraaqh are deleted.
plans, specifications, codes, 1awl, and regulations. The term
means any person, firm, or corporation that engages in the
business of electrical contracting under an express or implied
contracts or that undertakes, offers to undertake, purports to
have the capacity to undertake, or submits a bid to engage in
the business of electrical contracting; or that does itself or
by or through others engage in the business of electrical
contracting. The term electrical contractor does not aualifv
apr person, firm or corporation for the installation of fire
~larms which reauires a separate state license.
· .{.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 shadS-be, and
their reautrements are=
~.$.3.1. Acoustical Contractor requires
twenty-four (24] months experience with a passing grade on a
one (1) hour test and means any person who is qualif~ed to
install, maintain, repair, and alter acoustical materials. The
scope of work permitted under this classification aha11
include, but not be limited to, the installation of grid work
used to suppor~ acoustical panels, including luminous ceiling
panels.
~.~.3.2. Aluminum Contractor Including Concrete
requires twentY-four (24) months experience w~th a passing
grade on a three (3) hour 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, gutters, soffits and prefabricated rooms
and portable metal or vinyl partitions. These contractors may
form, place on grade reinforc~ng steel and miscellaneous steel,
and pour, place, and finish non-structural concrete ~ncidental
to an aluminum accessory structure only, on grade only.
Words ~are added~ words s~uek-~h~eu~h are deleted.
1.6o3.3. Aluminum ~ requires
twenty-four (24) months experience with a passing grade on a
~,!.~ three (3) hour test and means those who are qualified to
'" fabr£cate, install, maintain, repair, alter, or extend
.~. accessories such as metal and vinyl siding, a~71ings, security
· shutters, 9%~tters, soffits and prefabricated rooms, and
poL*table metal or vinyl partitions.
;.;, 1.6.S.4?S. Cabinet Installation Contractor
%~" requires twenty-four (24) months experience with passing grade
on & one (1) hour test and means any person who is qualified to
manufacture, assemble, install, dismantle, maintain, 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 sits locations.
.. l. ~. 3 · S?~. Carpentry ~ requires
' thirty-six (36) months experience with a passing grade on a
three (3) hour test and means those who have the knowledge and
i:: skill to install any wood products in a building including, but
~' not limited to, rough framing, structural and non-structural,
~ ~ trusses, sheathing, paneling, trim and cabinetry.
~. ~ ST Garage doors ~
~ res~*eted requires twelYe (12) months experience
Words~are added~ words struck-through are deleted.
and vith a passing qrade on a one (1) hour test ~
person who is oualified to install, reoair, ad4uat or extend
1.1.3.67~. Co~srcial Cooking Equipment
~xhaust Hood Installation Con~a~or ~eans any person who
~ssesses a valid license as an Air Conditioning Contractor~
Class A or B~ a Sheet Hera1 ContractorI or a Xechanical
Contra~orl and ~ho is ~alifted to install e~aust ho~s, du~
vork~ replacement air~ e~aust fans~ and ~ease filters.
any ho~ ~ich Is to ~ installed includes a fire suppression
systa~ ~ contractor shall ~ ca,iliad ~ the Florida Stats
Con~e~4 Fo~/no and PlacLn~ Con~rac~or ~e~irel thi~-six
(36) =onths e~erience with a passin~ ~ade on a three (3) hour
test and neans those ~o are ~alif/ed to batch and
ag~egates, cement, and water to a~aed speci~lcations, to
const~ct fo~s and framework for the casting and shaping of
concrete to place miscellaneous e~edded steel and to po~,
place, and finish con,ere.
i.6.3.XO. Con~ete Placina and Finishin~
Contractor re~ires thi~v-six months e~erience wl~h a massinq
~ade on a three ~3~ hour test and means those ~ho ara
~alified to mour mlace and finish concrete fla~ work ~floors.
slab on ~ade. sidewalks, etc.} includina mlacement of mes~
reinforcement, olastic va~or ba~iers and edoe ffC~s incidental
thereto,
X.G.3.XX. Con~ete Contractor ~restrtcted
pne~aticallv placed concretel re~ires twen2v-~our ~24} ~onths
e~erience vith a oassina ~ade on a three ~3) hour ~est amd
means those who are ~aliffied to use and maintain oressur~
e~i~ment, mix material and amply accordina to buildina cgdes~
X.~.3.Orl2. Decorative ~e2al Con2racto~
re~ires twenty-four (24) ~onths e~ertence with a passinq
~ada on a one (l) ho~ test and means those who are ~alified
Herds ~ are addet; verde s~raek-~hrea~h are deZeted.
· ' 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.$.3.9v1~. Demolition or Wreckinq~
requires thirty-six (36) months experience with a passing grade
on a three (3) hour test and means those who are qualified to
~'. demolish structures such as dwellings, commercial buildings,
.,. and foundations and to remove de~lso The use of blasting and
" explosives is not permitted under this category.
1o~.3.~e714. Dredging Contractor requires
thirty-six (36) months experience with a passing grads on a
.~' three (3) hour 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. ~. 3 · ~?15. Drywall ~ requires
~.~ thirty-six (36) months experience with a passing grade on a
" three (3) hour test and means those vho are qualified to
?'. install gypsum dz-ywall products to wood and metal studs, wood
and steel Joists, and metal ~unnere in buildings of unlimited
area and height. The scope of work shall include the
~:' preparation of the surface Over which the drywall product is to
2; be applied, including the placing of metal studs and runners
and all necessary drywall preparation trim.
1.~.3.tlv1~. Elevator ~ requires
forty-eight (48) months experience and a passing grade on a
three (3) hour test and means those persons vho are qualified
:'" to extend, install, inspect, maintain or repair any elevator,
du~aiter or escalator, provided that said person has a
Certificate of Competency with the Division of Hotels and
~'v, Restaurants of the Department of Business Requlation of the
State of Florida. Any required electrical installation shall
i' be performed only by a licensed electrical contractor.
Words ~ are added~ words st~ek-thre~qh are deleted.
1.6.3.,97~7. Epoxy Stone Contractor requires
twenty-four (24).months experience with a passing grade on a
one (1) hour test and means those who are quaXified to batch
and mix aggregates, epoxy, hardener, and ~Tavel to
specificat~ons. To construct forms and framework for the
casting and shaping of epoxy and aggregate. To pour, place and
finish over concrete base.
X.6.3.~4Tll. Excavation Contractor requires
thirty-six (36} months experience and a passing grade on a
three (3) hour test and means any person who is qualified to
excavate to obtain or remove materials such as rock, gravel and
sand; to construct' or excavate canall, lakel and levees,
~noluding the cleaning of land of surface debris and vegetation
as well al the grubbing of roots; and to remove debris and
level surface land incidental and necessary thereto in
compliance with all environmental laws, the Building Code, and
other applicable codes and regulations. Minor excavations,
such al footings, backfill without compaction, and
activit~ee are exempt hereunder.
NOTE.- ~le use of explosives il ~ot ~ncluded in this
category.
1.6,3.~STAg_L Fence Erection Contractor
requires twenty-four (24) months experience and a passing grade
on a one (1) hour test and means any person who is qualified to
~nsta11, maintain or repair fencing on grade.
1o~o3.~6w20. Floor Coverings
~ requires twenty-four (24) months experience and a
passing grade on a one hour (1) test and means any person who
il qualified to install carpet, sheet vinyl and wood parquet.
~is category does not inc!ude, tile, marble, or terrazzo.
1.6.3.~T21. Gasoline Tank and l~mp Contractor
requires forty-eight (48) months experience and a passing grade
on a three (3) hour test, and means those who are qualif~ed to
~nsta~l, mainta~n, repair, alter, or extend any above ground
system used for the storing and d~spensing of gasoline,
Words~are added~ words struck-through are deleted.
kerosene, diesel oils and similar liquid hydrocarbon fuels or
mixtures (not to include pollutant storage).
~.~.3.~8T22. Glass and Glazing
requires twentyofour (24) months experience, a passing grade on
a three (3) hour test, and means those who are qualified to
select, cut, assemble, and install sll makes and kinds of glass
and glass work, and execute the glazing frames, panels, sash
and door and holding metal frames, ornamental decorations,
mirrors, tub, shear enclosures, and portable
~.~.3.~723. Insulation Contractor.
a. All types except buildings -
requires thirty-six (36) months experience, a passing grade on
a three (3) hour test, and means those who are qualified to
install, maintain, repair, altar, or extend any insulation
primarily installed to prevent loss or gain of heat, from
internal or external sources on pipes, vessels, ducts, fire
stopping ~atertals, or built-up refrigerated boxes or rooms,
and acoustical materials.
b. Buildings- require, twenty-four
(24) months experience, a passing grads on a three (3) hour
test, and means those who ers qualified to install, maintain,
repair, alter, or extend any insulation primarily installed to
prevent loss or gain of heat from rooms or buildings.
1.~.3.~9724. Irrigation Sprinkler Contractor
requires twenty-four (24) months experience a~d a passing grade
on a three (3) hour test and means any person who ts
to Install, maintain, repair, alter or extend all piping and
apr~r~clar heeds used for irrigation, including any required
conn~ctions to a water pump; however, such work does not
include direct connection to potable water lines.
1.~.3.~2~. Landscaping Contractor requires
twelve (12) months experience and a passing grade on a one (1)
hour test and means any person who iS qualified to
trees, shrubs, sod and plant materials.
.Words ~ are added; words eeFuek-thFough are deleted.
~:.~ l.l.3,BB?24. Liquefied Petroleum Cas
?
~:; Installation Contractor means any person qualified and licensed
,,~ pursuant to Chapter 527, Florida Statutes, to install
apparatus, piping and tubing, and appliances and equipment
] necessary for storing and conver~inq liquefied petroleum gas
~ into flame for light, heat, and power°
" 1.$.3.B9727. Harine, Seawalls, and Docks
Construction Contractor requires thirty-six (36) months
experience, a passing grade on a three (3) hour test, and means
· those who are qualified to build and install bulkheads,
revetments, docks, piers, wharves, groins, and to do pile
driving.
j.. 1.t.3.14728. Haeonry ~ requires
:~. thirty-Iix (36) months experience, & passing grade on a three
i"i (3) hour test and means thole who are qualified to select, cut,
and lay brick and concrete block or any other unit masonry
products, lay other baked clay products, rough cut and dress
atone, artificial atone and precaet blocks, glass brick or
block, but who aha11 not pour or finish concrete.
X.I.3.tST~9. Mobile Home Set-up Contractor
requires twenty-four (24) months experience, a passing grads on
a one (1) hour test, and means those who are qualified to
place, block and tie down mobile homes (does not include
electric, plumbing or air cond~tioning hookups).
NOTE.' 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
· anufacturer, or any employee thereof, who performs setup
operations as defined in Section 320.822, Florida Statutes. as
, a~e~ded.
~', X.I.3,~GT30. Painting Contractor requires
'~] twenty-four (24) months experience, a passing grade on a three
(3) hour test and means those who are qualif~ed to use spraying
equipment as well as hand tools to f~nish both exterior and
-20-
~ords~ are added~ words e~raek-~hreagh are deleted.
interior work. A painting contractor may do paperhanging,
sandblasting, vaterproofing, and may clean and paint roofs.
1.6.3.fVT31. Paving Contractor £co~ercial or
unlimitedl requires thirty-six (36) months experience, a
passing q rads on · three (3) hour test, and means those who are
qualified vi~h the experience and skill to construct roads,
airport: runways and aprons, parking lots, sidewalks, curbs and
gutters., stor~ drainaqe facilities, and to perfor~ the
excavating, clearing, and grading incidental ~hersto.
~.6.3.~8~32. Plastering 'and Stucco Contractor
requires ~hir~y-six (36) mon~hs experience, a passing 9Tads on
a throe (3) hour test, and means those who ars qualified to
coat surfaces vith a mix, ute of sand or other agqreqate q~psu~
plaster, Portland ce~snt or quicklime and water, or any
co~bination of such materiels such as to create a ps.anent
surface coating, including la~hing and dry. all.
Z,i.3,BgT33. Pollutant Storage contractor
means a contractor who installs a pollutant storage tank. Said
contractor must have a State Pollutant Storaqe License. A
County Certificate of Competency is not available for this
categor~f.
1.~.3,9e734. Relnforced~nq Steel
requires thi~osix (36) months experience, a passing g~ade on
a ~ee (3) hour test, and means those v ho are q~alified to
fabricate, plaCe, and tie steel reinforcing bars (rods) of any
profile, perimeter, or cross-sec~cion, that are or may be used
to reinforce concrete buildings and structures in such a manner
that, under all agweed specifications, steel reinforcing bars
(rods) for concrete buildings and structures can be fabricated,
placed, and tied.
~o6oS;9~v3B. Roof Coating, Roof Painting, and
Roof Cleaning Contractor requires twenty-four (24) months
experience, a passing graded on a one (1) hour test, and means
any person who is qualified to clean, paint or coat a roof by
~ords ~ are added~ words stt~ek-th~e~qh ars deleted.
means of pressure-operated equipment, hand application or
otherwise. This category does not include roof repair.
X.4.3,9~34. Sandblasting Contractor requires
twenty-four (24) months experience, a passing 9rads on a one
(1) hour test, and means any person who is qualified to operate
a sandblasting machine.
X.6.3.37. Satellite Dish Tnstallation Contractor
recutres twenty-four (241 months e~erience, a Daeeina credo on
a one fX) hour test and means any person who is oualified to
erect, install, maintain, repair, alter or desion, where not
prohibited bv law. any satellite dish Grovided all work is
Derformed, in accordance with aDDlicable Collier County or City
of Naolee Ordinances. If installation includes a concrete
base. the base shall be limited in size to two cubic yards of
concrete.
1.1.3.~92~. Sealing and Striping Contractor
requires twenty-four (24) nonthe experience, a passinq'~rade on
a one (1) hour test, and means those who are qualified with the
experience and skill to seal or stripe driveways, parking lots,
sidewalks, and patios.
1.1.].~139. ~epttc Tank Contractor requires
twenty-four (24) months experience and a passing grade on a
three (3) hour test and means a contractor whose services are
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 lay. and uae 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 aa required by
the Florida Department of Health and Rehabilitative Services
shall be required for this category.
X.1.3.OS4O. Non-Electrical Sign Contractor
requires twenty-four (24) months experience, a passing grade on
a one (1) hour teat, and means any person who is qualified to
·rect, install, repair,.~...J~O~'-~£~nd or chanq, any
-22-
Words ~ are added; words struck-through are deleted.
non-ele~rical e'ign, provided all work is performed in
accordance with applicable Collier Count¥~
ordinances, This category does not include the construction of
free-standing structural eig~e.
X.4,3.~6~2. Solar Heater Installation
~ requires twenty-four (24) mon~s e~er/ence, a
passing ~ade on a t~ee (3) h~ test, and means ~ose who
have ~e ~ledge to install, alter, repair, or replace any
solar hot water heating system for residences or for
residential ~l~lng ~ols, including collectors, storage and
e~ansion ta~s, heat exchangers, piping, valves, p~ps,
sensors and low voltage controls which connect to existing
plying stu~outs and ele~rical disco~ects.
~.~.S.9~. St~ctural Steel Erection
~ ra~iras ~i~y-six (36) mon~s e~erience, a
passing ~ade on a three (3) hour test, and means those who are
~alified to ere~ st~ctural steel shapes and plates,
including such minor field fabrication as may ~ ~ecessa~, of
any proflle~ perimeter or cross-section, that are or may be
used a~ st~ctural me.rs for buildings a~d statures, and
the erection of co~unication t~ers, including riveting,
welding and rigging, only In connection therewith.
1.~.3.~6~. St~cture Moving ~ means
persons who are red,red to ~ general, building or residential
contractors, and who are ~alt~ted to l~ft and
Word~ ~ are added~ word~ m~ek-~h~e~gh are deleted.
structures and transport said structures from one site to
another, whether or not such transpor~ is across public roads,
including the proper placement of structures at a new location.
1.~.1.994S. Tile and Narble ~
~ requires twenty-four (24) months experience, a
pasling grade on a three (3) hour test, and means those persons
who are qualified to set tile and marble.
· 1.1.2.4e.4..(. Tile, ~arble and Terrazzo
Installation Contractor requires twenty-four (24) months
experience, a passing grade on a three (3) hour teat, and means
those persons who are qualified to mix, prepare, and finish
terrazzo, prepare the base, and set tile and marble.
1.4.3.4t4~. Underground Utility Contractor
requires forty-eight (48) months experience, a passing ~rade on
a three (3) hour test, and means contractors whose services ars
limited to the construction, installation, repair, on public or
!' private property, of main sanitary sewer collection systems,
!i main water distribution systems, and storm sewer collection
systems, and the continuation of utility lines from the main
systems to a point of termination up to and including the meter
location for the individual occupancy, sewer collection systems
at property line on residential or single-occupancy co.martial
properties, or on multi-occupancy properties at manhole or
'We" lateral extended to an invert elevation as engineered to
accommodate future building sawers, water distribution systems,
or storm sawer 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 tn Section 633.021(7), Florida Statutes, beginning at
" the point where the piping ts used exclusively for such system.
1.6.3.4~48. Well Drilling Contractor requires
twenty-four (24) months experience, a passing grade on a three
(3) hour test, 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
-24-
Words ~ are added; words st~ek-th~e~gh are deleted.
repair pumps in connection therewith. Bald contractors ~uat
also possess an applicable license issued by the South Florida
WaterM anagement District.
~.~.4o Contractor Licensing Supervisor means the
And~vidual who oversees contractor licensing and who
tnvee~iqatee and presents complaints regarding licensed
contractors in ~ollter CountF, Florida. This individual holds
office An the Compliance Services Section of the Development
Services Department sE the Community Development Services
Division of Collier County Government.
I.d.S. Employee means any person who works for and
te under the supervision and control of a licensee, provided
that said employee does not hold himself out for hire or enqaqa
An contracting except aa an employes. For fha purposes of this
Ordinance, Indicia of an employment relationship shall include
t~he employer's raqular payment of wages and compensation,
F.I.C.A. deductions, tax withholding and provision of Workers'
Compensation to the employee by the employer, all as prescribed
by law.
~.~.~. Person means a human being or a legal
businasl entity.
~.?. Stop-work Orders.
If it should become known to the Contractor Licensing
Supervisor that a construction project and/or contracting in
Collier Cottnty~ is being undertaken by
uncertifAad or nonexempt persons, the Contractor Licensing
Supervisor, or his/her designee, shall place a stop-work order
on the relavant portion of said project until such time as a
certified contractor assumes supervision of the construction
project. Any uncsrtified and nonexempt person resuming
construction prior to the removal of the stop-work order by the
Contractor Licensing Supervisor aha11 be in violation of this.
Ordinance.
Words ~ ara addadl words st~ek-th~eu~h ars deleted.
~01, ~xperienca ~eClUiremente0
Aa a prerequisite to, and as a requirement for, the
· ~ issuance of a Collier Count~ Cer~iflcata of
· Competency, an applicant shall submit satisfactory evidence of
experience in the trade for which ha/she desires certification.
:: a. Contractors' experience shall be in a
,~:~, supervisor~ capacity.
~:: b. Nesters' experience shall be as Journeymen.
~' c. Journeyman's experience shall be as apprentices
or trainees.
X.I.X. To determine if the applicant possesses the
experience required by this Ordinance, the Contractor Licensing
,-: Supervisor or his/her deeiqnee shall consider the following
forms of proof of experience=
a. Affidavits from former employers with
- specifics as to the number of years of experience, work
performed and any other relevant information~
~, b. Copies of other certificates of competency,
if any, held by the applicant in other counties or citiee~
. 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 · member relating to the trade for
which the applicant has made application~
,])~ e. Affidavits from any other source within the
I/ trade applied for.
~:-, X.I.S. Education at an accredited school may be
"~ presented to satisfy a 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
:.i!,i' experience required by this Ordinance.
-26-
Words ~ are addedl words st~aek-threugh are deleted.
.. SlCTZO~ TWOI Part Two entitled~ Certtfloabes o£
,i: Cc~pstsno~ - Yrooedure~ shall be amended to
/ read aa ~ollows~
PAR~ TWO: C~T~F~CATES OF ~~ - PROC~E,
2.~. Applica~ions - General.
2.~.~. ~ person o~ f~ desiring to obtain a
Ce~fica~e of Competen~ shall ~ake application for such
Ce~f~cate and shall s~ such info~a~on as ~s re,ired
~;.~ a~lication shall ~ exe~ted ~ the president of said fl~ or
~, one leqally authorized and ~ered to a~ for the
shall sh~ his authority to so ac~ on ~e appl~ca~ion. In
addi~ion, ~e a~lication shall name a ~alifying agen~
' au~or~zed to a~ on ~half of ~e fi~ In all subse~en=
proceedings, shying his authori~y~
a. To a~ for ~e fl~ in all aatters and
any na~er conne~ed w~ the contracting bus~ness~ and
b. To supe~ise the const~ction unde= the
Ca~ficate of CompeCen~ issued to the applicant.
2.~.3, A ~al~fyinq agent nay ~alify no nors ~an
~rad~ wi~h~ mrior amnr~al o~ ~he Con~ra~ors' Licensino
Boar4. and in no even~a_~n~wo fi~s a~ ~he same ~ime~
2.1.4. Mo a~lica~ion shall ~ considered unless
~e applican~ supplies all info~a~ion as re~ired ~ ~his
~ Ordinance.
~ 2.X.S. ~e Board o~ County C~issioners shall
establish and adop~ ~ Resolution, a schedule of fees and
charges for applications ~or Ce~ifica~es o~ C~pe~en~,
ranewals, la~a fees and o~er char~es, if applicable,
~F; pe~ainin~ ~o ~his Ordinance. X~ is ~he in~en~ of ~hese
~ re,la,ions ~ha~ ~e County shall no~ ~ re~ired ~o ~ar any
~ar~ of ~he cos~ o~ applica~ions made under ~his Ordinance.
~e schedule of fees and char~es shall ~ posted in ~a office
of ~he Compliance Se~ices Section of ~he Developmen~ Se~ices
~ords~ are added~ words s~u~k-~h~omgh are dele~ed.
Department of the Co~munity Development Services Division of '
Collier County GoverTment and the City of NaPles Buildina and
Zonina Division. and the resolution establishing such fees
shall be on file with the City of N~ples Clerk a~d the Clerk to
the Board. The schedule of fees and charges may be changed in
aocordanoe with standard resolution 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.
~y person desiring a Certificate of Competency shall
sub, it the following informat~on on forms provided by the
Collier County Contractor Licensing Supervisor~
2.2.1. Na~e of appllcant~
2.2.2. Rome address and telephone number~
2.2°3. Business address and telephone number~
2.2.4. Name of applicant~s business~
2.2.5. Appltcant~J proposed contracting
2.2.~.. Type of Certificate of Competency for which
application is being ~ade~
2.~.7. A complete list of all outstandinq debts
related to the applXcant~s' contracting business which the
applicant has not paid or refuses to pay and a statement of the
reasons for nonpayment~
2.2.e. Names and telephone numbers of two persons
who will always know the applicant~s whereabouts;
2.2.9. A statement as to whether the applicant has
ever been convicted of a crime related to contracting~
2.2.~0. Applicant*s business or work experience
during the past ten years~
2.2.11. Any . formal training in the area of
competency for which application ia made~
Words~ are added~ words stnek-~h~e~qh are deleted,
2.2,12. Zn addition to the afforementioned
lnfforsation, the applicant ehall attach or submit the following
informetion~
e. & credit report compiled by a nationally
recognized credit agency that reflects the financial
responsibility of the applicant~
b. Affidavits aa to the applicant'e honesty,
~,~;.
integrity, good business reputation and competence in the trade
category for which application for a Collier County/City of
Naples Certificate of Competency has been made. Said
affidavits shall'be in substantially the form issued by the
Collier County Contractor Licensing Supervisor or his/her
o. Bcoraa on the examination applicable to the
license applied for, including the area of competency tested,
the data of tasting and tho place of testing. Said examination
aha11 have bean administered by a testing agency raco~lzad and
approved throughout the State of Florida as provided for in
Section 2.6 of this Ordinance.
2.3. Contractor Applications - Firms and Legal Business
If the applicant proposes to engage in contracting as
i~~ partnership, corporation, business trust, or other legal
~ entity, the applicant shall apply through a q~alifying agent
~ and comply with all requirements and responsibilities contained
~ in Sections 489.119 and 489.~95, Florida Statutes.
.. Any f~rm or other legal business entity desiring to be
certified as a competent Contractor in Collier County shall
'~ submit the following information on forms provided by the
'; Collier County Contractor Licensing Supervisor.
';' 2.3.~. Firm/entity namel
2.3.2. Business address and telephone number~
2.3.3. Qualifying agent~
2.3.4. Proposed contracting business;
3'35
'~ -29-
~. Words ~ are added7 words etmlek-th~e~qh are deleted.
2,2.S. Type of firn's/antity's qualifying agent
Certificate of Competency;
2.3.~. Names and addresses of all partners,
directors and officers;
2.3.7. ~here applicable, a copy of a certificate of
incorporation or proof of recorded fictitious name~
2.3.1. A list of all contrac~inq businesses owned by
2o3o*. A c~edit repo~c from a nationally recognized
c~edit agency if the fi~l/entity has been in existence for more
than one (~) year~
2o3oX0o A complete list of all outstanding debts
related to the fir~'s/sntity'a contracting business ~hich the
fir~/entity has not paid or re£usea to pay and a statement o~
the reasons for nonpay~ent~
2.3o~o The signature of an authorized officer of. the
fin/entity;
],],XI, Qualifier information:
a. The name of the qualifying agent and date
b. The name of the firm/entity to be
c. ~pe of Cer~ificate o~ Competency £or ~hich
application is made~
d, The ho~e ad~ress of the qualifying agent;
e. The names an~ telephone numbers of two
persons who will always know the qualifying agent's
whereabouts;
f. Scores on any approved examinatton~
including the area of competency teated, the date of testing
and the place o£ teatlng~
q. Affidavits as to the applicant's honesty,
integrity, good business reputation and competence in the trade
category for which application for a Collier County/City of
Naples Certificate of Competency_has bean made~
-30-
Words ~ are addadl words st~ek-th~eagh are deleted.
h. A statement ae to whether the qualifying
agent has ever been convicted of a crime related to
contractingl
~,~, i. A co~plete list of all outstanding debts
,.~,: related to the qualifying agentts contracting business which
,~ the qualifying agent has not paid or refuses to pay and a
:,. statuent of ~he reasons for nonpalment~
?'; ~. I statement of the qualifying agent's
business and work experience during the previous five years;
,. k. A state~ent of any fo~al training
~;: possessed by the qualifying agent in the trade category for
~ ~hich application is ~ade for a co~petenc~ card;
J: 1. Proof that the qualifying agen~ is legally
! qualified to act for the business fir./entity in all matters
conneaed with its contracting business and that said
qualifying agent has the authority to supervise construction
undertaken by such business organization.
1.4. Nester or lourney~an Applications.
a. The name of the applicant and date of birth;
b. Home address and telephone n~m~er;
c. Business address and telephone number;
,:~, d. ~ype of Certificate of Competency for which
application is beinqnadel
a. The names and telemhone numbers of two persons
- will always kno~ the applicant's ~hereabouts;
f. Scores on any approved examination, including the
area of competency tested, the date of testing and the place of
testing;
. q. A statement of the applican~'s business or work
!! experience during the past ten years;
:! . h. A statement of any formal training in the trade
categories for which application is made for a competency card.
~o$. Standards for the Issuance or Denial of a Certificate
~ of Competency.
i.~
-31-
Words ~ are added; words etFuak-through are deleted.
~oS,~, Contractors.
~he Contractor Licensing Suparvilor or his/her designee,
Ihall issue a Cez~cificate of Co~petenc~ to ~he appl~can~
~ears~ on the face o~ the s~lica~ion~ si lu~i~ted ~ the
appli~nt, ~at:
a. ~e application is c~plete in accordance
b. ~e appl~can~ possesses ~e e~er~ence
r~red ~ Se~ionl L.6 and' 1.8 o~ ~il ~dinance~
c. ~e ~ed~t repo~ lu~itted ~ndicates no
fa~l and c~r~ltancel ~ich ih~ a failure to pa~ contra~nq
related billi ~tl~
d. ~e a~licant ~eetl one o~ ~e foll~ing
1) ~i a~licant has taken and passed an
exa~lnation a~roved and rec~ized ~r~ghou2 the State of
Florida, as provided for in Se~lon 2.6 of this Ordin~nce, for
~e area of c~peten~ for ~ich a~lication has ~en ~ade, or
2) ~e a~lican~ ~eetl all licensing
re~lr~enti pr~ided for ~ ~ls ~dinance, or
3) L~ited testing ex~tion. For a
~rl~ o~ 120 cale~ar dali fr~ ~e efffe~ive date of
~d~nance, an ex~tion to ~e testing re~ire~ents of this
~dinance IhalX ~ rec~zed for applicante for a Collie~
C~nt~ Ce~f~cate of C~peten~ ~n the foll~ng
tradel:
a~-Beee~ative-~eta~
e~-Hxeavat~onoeon~Faa~oF
aJ ~ou~ne~an A~F Condi~ionina
Words ~ are added~ vordm mitek-through are deleted.
b~ ~ournevman Plumber
c~ ~ournevman ~lactrician
~} Burglar ~larm Contractor
~l Concrete Placin~ and Finiehina
fl Concrete Contractor
al Satellite Dish Installation
Contractor
hl Rlectrical Sian Contractorr
a. All required affidavits have b~en sub~lttadl
f. All required fees have been paidl
g. Tne applicant possesses a current Collier
County occupational liceneel and
h. ~ha applicant or the quali£ying agent is at
least la years of age.
~.S.~. Re£erral of &pplication to Contractorst
Licensing Board for Decision.
If it does not appear on the face of the application
that the applicant has co. plied vlth the requirements o£ this
Ordinance ac aa to be eligible for a Certificate of Competency,
then the Contractor Licensing ~uparvlsor may refer tbs
application to the Contractors~ Licensing Board for a decision
regarding approval or denial of the application.
2.5°3. ~hen an application is referred to the
Contractors~ Licensing Board, the Board shall take testimony
from the applicant and shall consider other relevant evidence
regarding vhat~er the application meets the requirements of
this Ordinance. Upon the evidence presented b~ the applicant
and the Contractor ~lcanstng Supervleor~ the Contractors~
~icensing Board shall determine ~hether the applicant is
qualified or unqualified for the trade In v~lch application has
been made. Findings of fact and conclusions of lay regarding
the approval or denial of the application shall be made by the
Contractors~ ~tcenetng Board.
-33-
~orda~ar~ addedl vorda e~aek-~hre~gh are deleted.
,~ 2,S.3.~. If the Contractors' Licensing Board
· ~,,. dete~inee that an applicant is qualified for a paz~cicular type
~:.. of Ce~ci£icate of Competency, a competency card shall be issued
..~ b~ ~he Contra~or Licen~ing Supe~lsor or hi,/her designee.
2.S.4. Additional Retirements.
In addition to ~he foregoing retirements, each applicant
shall ~i~ ~e roll.lng info~ation as a prere~isi~e to the
issuance of a Collier Co~t~ c~peten~ card:
:, 2.S.4.X. ~e applicant's state registration
'~' n~r or a statement that the applicant has made a~lication
for a ~te registration n~r (anyone not re, ired to have a
·tate ~egi~tration ~r ~ ~apter 489, Florida Statutes, is
exerted fr~ ~is Subse~lon)~
;// ~.~.4.~. ~e a~licants' individual or
~ fi~'~/entity's United States Inte~al Revenue Tax n~er~
% 2.S.4.3. ~oof of insurance as re,ired by
~'b Section 2.S of ~is ~dinance~
2.~.4.4. A stat~en~ that ~e applicant has or
-. will c~ply with all Workers' C~ensa~ion laws of the State of
/,, Florida prior to contra~ing in the Citv of NaDlel a~d An
Collier C~ty~
2.S.4.S. ~ere applicable, a statement ~at ~e
. applicant ham registered hi~ fi~At~oul name w~ the ~e~k-of
%he--e&F~&~-eeuF%-of-~e--ee~y-~eFe-h~s-pF*ne&pAe--p~aee-ef
bueineee--~e-~oea~ed Florida Oena~mem~ of S~a~e.
~ame Filin, Section. as re~ire~ ~ Section 8SS.00, Florida
issued in ~e n~e o~ a business organization or ~o one
operating under a fictitious name, the ce~ificate shall ~ in
the name of the ~alifying individual and the name of the
~sinesl o~anization or fictitious name shall ~ noted
thereon. ~e retirements of this Section shall be deemed to
be a portion of the application and any false statement made ~
-34-
Words ~ are added; words seFuek-through are deleted.
an applicant as to ln£ornation required by this Section shall
bo grounds for discipline as provided for in PAR? FOUR of this
Ordlnsncs.
2.$. xpprov~d Exa~tnsrSo
The approved examiners for the purpose of
ad~lnletering proctored exams aa required by this Ordinance are
Block 'and Associates, 5700 S.W. 34 St. # 1303, Gainesville,
Florida 32608 and any other testing agency with comparable
testing s~andards reco~nized and approved throughout the State
of Florida and also approved by the Collier County Contractors'
Licensing Board.
t,?. ~xaminatlons. '~
A niniu passing'grade of 75t shall bo required on
all examinations. Bxa~lnations shall b~ specific to the trade
category for ~hlch application for a Certificate of Competency
has bess ~ads. Said exa~inations shall bo proctored and graded
by a testing agency meeting all the requirements of Ss~lon 2.6
of this O~dinance.
2.S. Insurance.
All licensed contractors shall maintain liabilit~f and
other categories of insurance, as required by Florida laY, at
ell ti~ee. SUch insurance shall bo with an insurance ccmpany
authorized to do business tn the State of Florida. The Blain
limits of liability Insurance required shall be not less than
$100,000 for bodily injury and $25,000 for property damage or
any higher minimus as required by Florida law. All licensed
contractors shall maintain applicable Workers' Compensation
insurance as required by Florida law.
2.~. Inactive Status.
2.!.2. Any person or fir~ that holds a valid
Collier County/city of ~aoles Certificate o~ Competency may
place the Certificate of Competency on inactive status during
which time said person or firm/entity shall no~ engage in
contracting bu~ ~ay retain the car~ciflcate on an inactive basis
provided that timely palment ts made o~ an annual renewal fee
-35-
#erda ~ are addsd~ words s~uek-~h~oagh are deleted.
as sst forth in Section 2ol.5 of this Ordinance and applicable
resolutions enacted b~ the Collier County Board of County
Com~lasioners.
2.~,2. Persons or fir~s/enttties desiring to renew an
inactive csrtt£tcatl ~ay do so by complying with the
re~e~nts of se~ion 1.4 of this Ordinance relating to
rentals.
t~ioT ..... eity-ef-~apies-leeipreeity~ ....
O~2~ef-Nap~ee~-P~oF~da~-eeFe~f~eaee--ef-eonpe~eneM-Suff~e~en~
foF--lseuanee-ef--eountt--eeFt~f~en~e-of-eompe~enet~--Bffee~-ef
0FdAnanee-to-~he-eon~a~-anY-peFeen-eF-f~%en~M-peseess~nV
a--~en~-and--va~&d--ee~f~eaee-ef-eonpe~eneM--&esued-bt-~he
e~2-of-Naptee~-P~oF~da~aM-eb~ain-a-~eFe&f&on~e-of-eenpa~en~
L~eene~nV--Supe~AaoF-eF-h~s~heF~es~vnee~-eenp~e~ng-the-fe~s
Fe~Fed--~-~he-eon~FaetoF-L~eene~nV-Supe~eoF-and-paMing-~he
0Fd&nanee~--and--anM--anen~en~s--~he~e~o~--~ne~ud&nv~-bu~--no~
~n~ed--to~--~ea~nV~--a~andaFds--ef--eendue~-ond--dife~p~ne~
euopene&on~--Fevoee~on~-Feo~F~e~ons~-~n&~o~ons-ond-fees-se~
fo~-heFe~n~
a~0rav--~M-eountt-eeF~f~ee~e-ef--eonpe~eneM-~saued
pu~euan~--~o-Oubaee~on-~rJ0r~-of-~h~s~d~nofl~e-sha~-be-va~d
and-~n-effeet-on~y-feF-eo-~eng-ae-the-eeF~fiea~e-ef-eenpe~en~
effae~y---~n-the-even~-~he-eeFtifiea~e--of-eonpe~en~-~eeued-by
sho~--hove-~he-effes~-ef-nak~ng-nu~--and-vo~d-~he-eeFe~f~ea~e
of-0enpeeeneM-~soued-bM-~e-eoun~2-puFsuane-~o-sa&~-Se~onr
~ords~ arm addmd~ words st~ek-th~eaqh are deleted.
2o~*XOo Restricted Car~ciflcates of Competenc~.
The Contractors' Licsnsinq Board nay issue a Caz~ciflcate
of Competenc~ to an appl~cank ~or a certificate tn a par~lar
trade ~ch ~ restricted to canaan aspects o~ that trade
~ere ~e applicant has sa~lsffackorily demonstrated ko the
~Jority of ~aid Board tha~ the applicant i~ ~alified under
~il ~d~nance ~n ~ose ce~n aspects of ~hat trade.
2~.--- ~ergen~ Restr~ed Ce~fXcates of C~peten~.
.... ~n -th, event of a declaration of a state of emergen~
Col~e= .County ~ the Collie= County Board of County
C~ll~onerl or ~n the C~tv o~ Naples ~ the NaDles
~, ~n ~ch lubltant~al damage hal oc~ed to ~ld~ng~
and-' et~ures ~o as to cause a lho~age of available person~
a~"-~s/ent~es. ~n the contra~ng trade~ for which there
a~-Collier. County/C[tV of NaDles Ce~f~catel of
~e Contra~or~~ L~cenl~ng Board ~s here~ authorized to=
· . ~.~.~. Declare an ~ergen~ con~ra~ng trade
sho~gl · of delivered categories of contra~ors and/or
~contra~orl l~lted ~n ~[~ Ordinance. ~[s declaration
Iha11 ~ for a per~ of t~me not ~o exceed six (6)
~.~.~. Au~or~ze ~a Contra~or Licensing
Su~isor to prepare and re, late ~e selection of contractors
and/or lu~contractors fr~ o~er Jurisdictions whose
re~r~ents are lubstantially c~parable to those l~censed
Collier County. ~e contra~orl lelec~ed ~s2 be l~censed
J~ld~ons who~e felting and l~ce~s~ng retirements have
~en predete~ned ~ the Contractors~ L~cens[ng Board to be
s~s~ant~ally c~parable ~o ~e Collier County retirements..
2.X~ ~e County will urovide a~ive ffield
within the City of Na91es of licensed and unlicensed activity
throuoh its investioation and citation authority.
2.Xt.X ~e County shall be responsible for
licenses in accordance wAth this Ordinance to authoriz~
contractors to work within the ~eo,raDhic ~undaries of County
W~rds ~ are added~ words s~ek-threaqh are deleted.
8ECTZON T~EZ~ Pazt: Three entitled, The Contractors'
~ioemsimq Board, shall be amended to read
ae
PART THREE~ THE CONTRACTORS' LZCENSZN~ BOARD.
3.1.1. There is hereby created the Contractors'
Licensing Board for Collier'County, Florida. The Contractors'
Licensing Board shall be composed of nine (9) members who shall
be appointed by the Board of County Commissioners. Aminlmum
The Board of
County Commissioners may 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
l~caneed mechanical contractor, & licensed roofing contractor,
a licensed residential or building contractor and a licensed
representative from one of the other ~ trades or
professions requiring a Certificate of Competency as provided
in this Ordinance. This Section is merely directory and
failure to have a member of each of these trades shall not be
grounds for voiding any action of the Board. Ail members of
the Contractors' Licensing Board shall be permanent residents
and electors of Collier County and shall serve without
compensation. Numbers may be reimbursed for such travel,
~ileage and'per diem expenses as may be authorized, in advance,
by the Collier County Board of County Commissioners.
Sol.i, The members of the Contractors~ Licensing
Board shall be as presently constituted and shall continue
until the expiration of their terms as set forth in Collier
-36-
Words~are addedt words at~uek-th~eagh ara deleted.
County Resolutions No. 89-171 and No, 90-9So Bubeequent
appointment of mrsbers shall be as follows:
~' a. Three (3) members appointed for a tern of
.:~; one (1) year.
,? b. Three (3) members appointed for a tarn of
tva (2) years.
:;. o. Three (3) members appointed for a tern of
~rea (3) years.
After initial appointments, all appointments shall be made
for a term of three (3) years. A member may be reappointed by
.'.~ the Collier county Board of County ¢o~=iesloners in accordance
.,? with Collier County Ordinance No. 86-41, as it may be amended
from time to time.
~.1.3. A member of the Contractors
Board may be removed fro~ office for any cause by a majority
vote of the Collier County Board of County Commissioners. If
· ar~ member fails to attend ~vo of three successive board
meetings without a eatiefactor~ excuse and without prior
approval of the chairperson of the Contractors' Licensing
.' Board, the Contractors' Licensing Board shall request that the
:?. Collier County Board of County Connieeloners declare the
J:'" menber'm office vacant and promptly fill the vacancy,
'. 3.X.4. Any vacanc~ occurring during the unexpired
tarn of office of any member of the Contractors' Licensing
% Board shall be filled by the Board of County Commissioners. An
'~" appointment to fill a vacancy shall be for the remainder of the
~ t~expired tern of office.
9" 3.2. Internal Operating Procedures.
"': S.~ · 1. The Contractors ~ Licensing Board shall
~ elect · chairperson and vice chairperson from its membership.
~' ~ 3.2.2. Meetings.
, 3.2.2.~. The Contractors' Licensing Board shall
hold at least four meetings per year.
3.2.2.2. Upon the request of the Contractor
Llc.n. ing Bup.rvi.or, or hi.~{["£~~'gn~e~''r at .uch oth.r times
-39-
~orde ~ ara added~ words struck-through are deleted.
aa may b~ necessary, the chairperson of the Contractors~
~lcenstng Board (and, tn hie abeenca~ the vice chairperson or,
in the vice chairperson's absence, the temporary chairperson
elected by majority vote of the members of the Contractors'
~icenaing Board) ~ay call hearings of the Contractors'
Licensing Board. Hearings may also be called by wrlttan notice
signed by at least three (3) members of the Contractors'
Licensing Board. At any hearing, the Contractors' Licensing
Board may set a futura hearing date. Minutes shall be kept of
all meetings and hearings and all meetings and proceedings
shall be open to the public.
3.2.1.3. rive me~bere shall constitute a quorum
for any meeting, and a majority vote of those present shall be
required to ~aka any decision.
3.2.1.4. '1'ha Collier County Board of County
Commissioners Shall provide such clerical and administrative
personnel and legal services as may be reasonably required by
the Contractors' Licensing Board for the proper performance of
its duties.
3.2.2.$. ~he County lttorney~ or his 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 both capacities for the sa~s
case or at the same ti~e.
S.S. Duties and Powers of the Contractors~ Licensing
Board.
S.S.I. Upon reference by the Contractor Licensing
Supervisor or petition by an applicant, the Board shall hays
the _~ower 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 DOWer to hold
hearings to determine if a contractor or a Journeyman
possessing a Collier County/City of Naples Certificate of
-40-
Words ~ara added; words straek-thfeaqh are deleted.
Co=patency, or a State certified contractor doinq businesa in
Collier County, should b~ disciplined pursuant to Part Four of
this Ordinance. It shall be the duty of the Contractor
Licensing Supervisor to initiate disciplinar~ proceedings.
m~b~r of the Contractors" Licensing Board shall have the po~er
to 'initiate dieciplinar~ proceedings ~n h~s/her capacity as a
~e~r of the Contractors' Licens~nq Board.
S.S.S. ~e Contra~ors~ L~censing Board shall have
~e ~er to adopt such policies, ~les and re~lations as
dcm necessa~ to ca~ ou2 the duties of the Board ~n
accordance ~ the pr~isions and ~ntent oE th~s Ordinance.
~aid ~lic~e~, ~le~ and re~lat~ons, when and ~f reduced to
~lting, 'shall ~ filed with ~e Clerk to the Board of the
Collier C~nty Board of County Cmissioners.
2,~,4, ~e Contractors~ Licensinq Board shall
f~her have the p~er
a. Hold heartnqs~
b. T~e test~ony ~der
c. Adopt ~las and re~lations for ~e condu~ of its
c~ified contra~ors doinq ~siness tn Collier C~nty 9r the
~~suant to Pa~ Fo~ of ~is Ordinance~
e. ~ssue decisions, findinqs of fa~, conclusions
la~, l~se disciplina~ echelons, and issue orders to ca~
~t the provisions of this Ordinance.
~.3.S. ~e Contractors~ Licensinq Board shall also
have all o~er p~ers ~anted to said Board ~ Florida la~.
· E~I~ YO~ Pa~ Four entitled, standards o~ Conduct and Disoipline, shall ~ amended to read
4.~. X$sconduct.
~e foll~nq actions b~ a Stats l~censed contractor or a
holdsr of a Collier County/City o~ Naples Ce~$f~cate of
,oo, 054,, ,347
Co~patsnc~ shall constitute misconduct and groundl for
~ discipline pursuant to Section 4,2 of this Ordinances
4,L,1, l~n~ingly co~bining or conspirinq with an
t, unlicensed contrac~cor b~ all~lng one's Ce~f~ca~e of
'~ C~peten~ to be u~ed ~ an unlicensed contrac2or ~l~h intent
to evade ~e provisions of this ~dinance. ~en a licensed
~?~ contra~or a~s as ~e ~alif~inq a~en~ for an~ fl~ ~l~out
~,. firs~ m~ing a~lication ~der ~is Ordinance to represent said
~'' fl~ such a~ shall constitute pri~a ffacie evidence of inten~
? to evade ~ provisions oE ~is ~dinance. ~en a ce~i~icat~
holder ali~s h~s ce~ificate to be used ~ OBe or more
c~anies ~ithout havin~ any a~ive ~a~icipation tn
~perations. manaaement, and control off such co~antes, such
constitutes ~ri~a ~acle evidence off an intent to evade
~rovisions off this ~dinance. ~ctive ~a~ici~ation,re~ires
· dob site su~e~iston, kn~ledae off and ~a~ict~ation in th~
'~' ~stness ~erations o~ the c~anvfs~, lnclu~in~ all
~[..'~ ~s[ness oraan~za~on ceases to ~ afffflliated ~ith such
~sinees o~anization, he shall so inffo~ the Board. ~n
add~Cion iff such ~nd[v~dual [s the only ce~iffied [ndiv~dual
?: a~il~a~ed vi~h the ~siness oraaniza~ion, the ~sines~
I
~ oraanization shall no2iffv the Board off the
2e~ina2ion and shall have no more than si~v f60} days
the da2e off te~inat~on off the individual~s affffilia2ton
the ~s~ness oraan~zation In ~hich to affff[liata ~[th another
~erson ce~iffied under the ~rovisions off this a~icla. [n an~
even2, the business oraanizat~on shall no2 enter into any ~ev
contra~s and may no2 enaaaa in any ne~ con2ra~ina un2il sBCh
time as a ~al~vina aaent is employed,
4,~,2, Con2rac2ing ~o do any york outside oE the
scope of h~s/her compe~enc7 as listed on h~s/her competency
card and as defined In this Ordinance or as restricted ~ the
Contractors~ L~cens~ng Board · ·
-42-
~ord. ~are added; vords at~ek-th~e.qh are deleted.
4.X.3. Abandoning a construction project in which
he/she ia engaged or under contract: as a contractor. A project
may be considered abandoned after ninety (90) days' absence of
a contractor, unless said absence is otherwise provided for in
the conatruc~ion contract.
4.X.4. Dtvsr~ing funds or property received for
the execution of a specific .contract project or operation or
divez~cing funds earnarked for a.specified purpose to any other
use t~latsoever.
4.~.$. Depar~inq from or disregarding in any
~aterial reapec~ the plans or ~peclEications of a const~ion
~ob waist ~e consent oE ~e ~er or has duly authorized
representative.
4.X.~. Substantially disregarding'or viola~inq, in
~e ~rfo~ance o~ his contra~inq ~siness in Collier County,
any of the ~ilding, safety, health, insurance or ~orkers'
C~ensation laws off ~e State of Florida or ordina~ce~ of
Co~t~.
4.1.7. Fal~ifying or ~isrepresenting any material
fa~ in his application amd suppo~ing papers for tho pu~ose
of obtaining a Ce~ifica~e of Competen~ ~der this Ordinance.
4.X.~. C~itting ~i~anagement or ~i~co~du~ in
~e pra~ice of contra~Ang that causes financial ha~ to a
~st~er. Financial nimnagenen2 or niscondu~
includes. ~t is not limited to. any of the roll,ina:
4.1.S.I. ~e con~ra~or fails to fulfill
his/her contractual obligations to a ~stomer because of
inability, refusal or neglect to pay all creditors for ~aterial
run,shed or work or le~ces perfo~ed ~n the operation of the
~l~nell for ~ch he/she Il l~cenled, under any of the
foll~ng
a. Valid lienl have ~en recorded against
the prope~y of a contractor's customer for supplies
seduces ordered by the contractor for the customer's Job~ the
con~rac~or has received fund~ from the customer to pay for the
-43-
Words~ are added; words st~ek-thFough are deleted.
supplies or services~ and the contractor has not had the liens
~7 moved fro~ the property, b~ payment or by bond, within 30
days after the date of such liens;
~ b. The contrac~cor has abandoned a
? customer's Job and the percentage of completion is less than
.[id[. . the percentage of the total contract price paid to the
.~ con~ractor as of the time of abandonment, unless the contractor
'-~' is entitled to retain such funds under the ter~s of the
i3, con~ract or refunds the excess funds within 30 days after the
date the .~ob is abandoned;
i~:~ c. The contractor's ~ob has bean
i,f;' co~pleted, and it ia sho~n that the customer has had to pay
i~.': more for the contracted ~obthan the original contract price,
as adjusted for subsequent change.orders, unless such increase
:; ~ in cost wan the result of circtmstancae beyond the control of
the contractor, was the result of clrcu=stancas caused'by the
customer, or .was otherwise penitted by the terms of the
contract between the contractor and the customer.
ii 4.Z.~. Performing any act which assists a person
, or entity in engaging in the prohibited unlicensed practice of
if: contracting, if the licensed contractor kno~s or should have
~ known that the person or entity was unlicensed.
117 4,1.10. Failing to promptly correct faulty
~,? work~anship or promptly ~ep'lace faulty materials installed
li.~f contrary to the provisions of the construction contraot.
,:~ 4.1.11o Failure to ~atntain at all tines, with an
~,. Insurance company authorized to do business in the State of
!~' Florida, the limits of liability and other categories of
'.,' insurance aa required by this Ordinance.
iol.li. Refusing to accept certifted~atl directed
to the contractor by the Contractors, Licensing Board, or its
,~. designee.
~. 4,X.X3. Failing to maintain a current nailing
~':(' address.
-44-
' ~orda~ are added~ words at.ask-through are daleted.
4o~o~4o Failing to appear in person or through a
duly authorized representative at any scheduled hearing on a
complaint filed against the contractor.
4.X.X$. Being convicted or found guilty, regardless
of adjudication, of a crime in Collier County which directly
relates to the practice of contracting or the ability to
practice contracting.
4.X.16. Allowing another to take a qualifying
examination on the applicant's behalf.
4.1.X7. 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.
4.1.XI. Proceeding on any Job without obtaining
applicable Dermits or ~nIDectione from the
Build[ns and Zonino Division/Collier County Building
Depart~ent~
4.1.X~. Failing in any naterial respect to conply
vith ,the provisions of this O~dinance as a contractor or as a
qualifying agent for a business entity engaging in contracting.
4.1.20. Signing a statement with respect to a
pro~ect or contract falsely indicating that the work ts bonded.;
falsely indicating that payment has been nade for subcontracted
work, labor, or Bateriale which results in a financial loss to
the owner, purchaser, or contractor; or falsely indicating that
Workers' ,Compensation and public liability insurance are
provided.
4.1.2X. Failure of a qualifying agent for a
firs/legal business entity to comply with the require~ents set
forth in Sections 489.119 and 489.1195, Florida Statutes.
4.1.22. Falsifvtn~ or B~sreoresentino anv material
fact to another person with the intent or for the purpose of
enaa~ina in the contract[ns business. Drovidina materials OW
services, or eolicitin~ business for. an employer, as
contractor, or as an emDlovee, regardless of any financial
consideratio~,
-45-
Words ~ are added~ words et~ek-through are deleted.
4,2. Discipl~nary Proceedings.
4.2.~. The Contractor Licensing Supervisor, or his
designee, may disciplinary proceedings against a
initiate
licensed contractor for violations of this Ordinance b~ filing
a sworn complaint with the Clerk to the Collier County Board of
County Conmiselonars.
4.2.2. Any parson who believes that a contractor
holding a Certificate of Conpetenc~ has violated this Ordinance
Bay submit a sworn complaint to the Contractor Licensing
Supervisor, or his/her designee. The complaint shall be in
· ub~tantially the for~ prescribed by the Contractor Licensing
Supervisor. The complainant shall pay a fee of $50.00, to
defray the costs of administering the complaint, at the time of
filing the complaint. The complaining party shall state vith
particularity which section(s) of this Ordinance he or she
believes has been violated by the contractor and the essential
facts in lupport thereof.
4.2.3. Upon the submission of a svorn complaint,
the Contrac~cor Licensing Supervisor, or his/her designee, shall
conduct a preliminary investigation and determine whether the
complaint submitted warrants the filing of formal charges. Xf
charges are warranted, the Contractor Licensing Supervisor, or
hie/her designee, shall file the complaint with the Clerk to
the Collier County Board of County Commissioners and shall
sand, by certified mail, return receipt requested, a letter to
the licensed contractor at hie last known address, ae shown b~
the records of the Contractors' Licensing Board, enclosing a
copy of t~e complaint and indicating:
a. The name of the complainant~
b. The date(s) of the commission of the
alleged offense(e)~
c. The lection(s) of thil Ordinance alleged to
have been violated~
d. The range of disciplinary sanctions which
may be imposed upon any contractor, pursuant to this Ordinance
Words ~ are added~ words struck-through are deleted.
by the Contractors' Licensing Board in the event said Board
finds a violation of this Ordinance to have occurredl
e. The date, time and place at which the
contractor shall appear before the Contractors' Licensing Board
for a hearing regarding the complaint. The date scheduled shall
not be sooner than twenty (20) days from the mailing date of
the cerbified letter.
4.2.3.x. The notice of hearinq required by this
Sec~cion may, in the alternative, be accomplished by hand
delivery o£ said notice to the contractor by the Contractor
Licensing Supervisor, or his/her designee, or by leaving.said
notice at the contractor's usual place of residence with some
person of his/her family over 15 years of age and infor~ing
· uch person of the contents of the notice.
4.2.3.2. In addition to providin~ no~ice as set
forth above, at the option o~ the Contractor Licensing
Supervisor, notice may be furnished to the contracto~ by
publication as follows:
a. Such notice shall be published once
during each week for four (4) consecutive weeks (four
publications being sufficient) in a newspaper of general
circulation in Collier Count~. The newspaper shall meet such
require~ents as are prescribed under Chapter SO~ Florida
Statutes, for legal and official advertisemsnts~
b. Proof of publication shall be made as
provided in Sections .50.041 and SO.051, Florida Statutes.
~otice by publication may run concurrently with, or ~ay follow
an attempt or attempts to provide notice by hand delivery or by
~ail as required by this Section.
4.2.3.S. Evidence that an attempt has been ~ade
to hand deliver or mail notice as provided in this Section,
together with proof of publication as provided in Subsection
4.2.3.2, shall be sufficient to show that the notico of hearing
Words ~ are added~ words struek-throuqh are deleted.
requirements of this Section have been met, vithout regard to
~he~her or not the alleged violator actually received such
notice.
4.2.4. Conduc~ of hearing.
4.2.4.1, A hearing shall be held concerning the
~.~ complaint and it shall be open to the public.
~!~'~ 4°2°4°2° The proceedings at the hearing shall
,, be recorded and may be transcribed at the expense of the party
requesting ~he transcript. ~ny par~y may have a cour~ reporter
present at the hearing at his\her o~n expense. Neither Collier
County nor the Contractors' Licensing Board shall be
· responsible for any failure of recording equipment during the
conduct of the hearing,
· 4.2,4.3. Each call 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 th~ hearing ·
?~.. has been provided to the contractor as provided in seCtion
~.: 4.2.3 of this Ordinance, a hearing may proceed in the absence
k~ of the contractor.
4.2.4.S. The Contractors' Licensing Board shall
'~, proceed to hear the cases on the agenda for that day. All
- testimony Ihs11 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 th~s Ordinance, and
from such 'other witnesses as may be called by the respective
parties.
~(.:' 4.2.4.~. Formal 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 excluded$ but all
other 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
,oo, f15
Word~ ~ are added~ vord~ e~ne~*~hre~h are deleted,
· trial in the courses 0£ ~hs Btata of Florida. Bearsay
evidsnce smy I~ used., for the i~rposa of sul~ls~enting or
e~laining any evidence ~ shall not be sufficien~, ~ itself,
to lU~O~ a finding unlesl luch hearsay would be adm~ssible
~lr obJe~on ~n =~v~l' a~on~ ~n couP. ~e ~les of
~ivllege shall ~ effe~ive to ~e same e~en~ the= they are
n~ or hereafter ~y ~ rec~ized in civil a~lons.
4. Z · 4.7. ~y me,er of the Con,actors '
L~censing Board ~ay-~est~on any w~tness ~fore the Board.
Ea~ pa~y'to the proceedings shall have the r~ght to call and
examine w~tnesse~ ~o ~ntr~uce e~bits~ to ~o~-exam~nl
Wi~lllll~ tO ~each any w~tness regardless of which pa~y
called the W~tnlls tO testify and ~o r8~ any evidence
4.2.4.l. ~e chai~erson or, In his/her
absence, ~e vice chai~erson, shall have all p~ars necessa~
to condu~ ~e proceedings at ~e hearimq in a full, fair and
imperial maker and to prese~e order a~d deco~.
4.2.4.9. At the conclusion of the hearing,
Contra~ors' Licensing Board shall issue findinge of fa~ ~sed
on evidence of record and conclus~on~ of law~
d~soiplina~ san~ions, If warran2ed~ and shall ~ssue ~atever
order ~s necessa~ and proper to dispose of the c~plaint ~n
accordance with this ~dinance and Florida law. Said f~ndings
of fa~, conclusions of law, d~sciplina~ sang,ohs, if any,
and any related order shall constitute the decision of the
Contractors~ Licensing Board on ~e case heard before the
Board.
4.2.4.~0. ~o decision of
L~c~slng Board shall ~ sta~ed orally at ~e hearing and shall
be reduced to ~[ting and mailed to the
days after the hearing. ~e f~ndtnqs of fact and conclusions
of law, disciplina~ sanctions, if any, and any related order
shall be made by motion approved by a ~Jority
of the Contractors' L~cens~ng Board who are present and voting.
-49-
Words ~ are added~ words st~ek-%h~e~qh are deleted.
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 Comaissioners promptly after
laid dSgilion il reduced rewriting.
4.2.4.11. 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 & decision cannot be immediately ~ade, the Board
~ay 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 Bubsections 4.2.4.9 and 4.2.4.10 of this Ordinance.
4.2.$. Disciplinary £anctions.
4.~.S.~. Holders of Collier
HAP~ 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
~ combinatton~
a. Revocation of a Collier County/~,J~Ly_~
~ Certificate of Competsncy~
b. Suspension of a Collier
~ Certificate of Competancy~
c. Denial of the issuance or renewal of a
Collier County/City of NaDles Certificate of
d. A period of probation of reasonable
length, not to exceed two years, during which the contractor's
contracting activities shall be under the supervision of the
Contractors" Licensing Board~ and/or participation in a duly
accredited program of continuing education directly related to
the contractor's contracting activities. Any period- of
-50-
Words ~ are added~ words st~ck-throuvh are deleted.
probation or continuing education proqram ordered by the
Contractors' Licensing Board may be revoked for cause by said
Board at & hearing noticed to consider said purpose. The
contents u£ said notice shall be substantially as provided for
in Section 4.2.3 of this Ordinance. Service of said notice
shall be as provided in Sections 4.2.3 and 4.2.3,1 of this
Ordinance. Evidence that either of these methods of service
have been utilized shall be sufficient to show that the notice
of hearinq requirements of this Section have been met, without
reqard to whether or not the alleqed violator actually received
notice;
e. Restitution~
£. A fine not to exceed S5.000~
eva. &public reprimand;
~ h. Re-examination requirement~
~= i. Denial of the issuance of Collier County or C~tv
~ building per. its or requiring the issuance of permits
with ~pecific conditions.
4.~.~.~. Holders of State of Florida
Certificate~ of Competency.
a. If,' after hearinq, the Contractors'
~icensing Board finds that there has been misconduct bM a State
certified contractor, within the meaninq of Section 4.2 of this
Ordinance, said Board may deny the issuance of Collier County
/city of ~anles bulldinq permits or require the issuance of
permits with specific conditions.
b. The Contractors' Licensinq Board may
also deny the issuance of Collier County/City of ~a~lee
building permits or require the issuance of permits with
specific conditions where= the Board has found a S~ate
certified contractor to be quilty of fraud or a willful
building code violation within the City of Naolee or Collier
County; or where the Contractors' ~lcensinq Board ie presented
with proof that a State certified contractor, throuqh the
public hearlnq process, has been found quilt¥ in another county
,oo, 051-o,35'7
Words ~ are added; worda steuek-through are deleted~
or ~unicipality within the past 12 months, of fraud or a
willful building code violation and finds, after providinq
notice to the contractor, that such fraud or violation would
have bean fraud or a violation if committed ~
~ in Collier County. Notification of and information
concerning such permit denial shall be submitted to the Florida
Depa~ant of Pro£eseional Regulation within 15 days after the
Contractors' Licensing Board decides to deny the permit.
4.2.S.$. Nhan imposing any disciplinary
sanction on a contractor or a person holding a Certificate of
Competency who has been found to have violated this Ordinance,
the Contractors' Licensing Board shall consider all the
evidence presented at the hearing as well
a. The gravity of the violation~
b. The impact of the violation on the
public health, welfare or safety~
o. Any actions taken by the vioiator to
correct the violationl
d. Any previous violations committed by
the violatorl
e. Any other evidence presented at tho
hearing by the parties relevant as to the sanction which is
appropriate for the case given the nature of the violation and
the violator.
4.2.S.4. Any disciplinary sanctions i~posod by
the Contractors' ~lcensing Board shall be effective upon bein~
stated orally at the hearin~ unless the Board orders otherwise,
all in accordance with Section 4.2.4.10 of this Ordinance.
~BCTIO~ llW~s .Conflict and Severability
In the event this Ordinance conflicts with any other
ordinance of ~ 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
Words ~ are added~ words st~aek-threaqh are deleted.
provision and auch holdinq ahall not affect the validity of the
re~aininq portion.
IIc~Xol Iix, Effective Date
This Ordinance shall become effective upom receipt
notice from the Secretary of State that this Ordinance has been
£11ed-with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of CountM
Commissionera .of Collier County, Florida, this ~ day of
~, 2992.
', ' '' " " f FLORIDA
'.~ ...,'...~,, ./..,,.::~. ;. OF COLL!
Approved as to £ozl and ·
leqal m~f:Lcienc.~ ~
.~cre~ry' of State's Of~c_e_!h~
Allil~t C~unty Attorney ~ ~ ~
ImWm~P~ filing r~elv~d ff~/s~/-~ dc~ .'
Words 91M~R1An~ are addedl words s~m~ek-theo~qh are deleted.
STATE O~ ~LORIDA
I, 3~8 C. GILES, Clerk of C~rt. tn ~d fo~ the
~en~leth Judicial Ctr~t~, Collter Count~, Florida, do
here~ cer~tf~ ~hat the foregoing 18 a t~e copy of:
Ordinance No. 92-61
which ~e adopted ~ the Board of Cowry Coulsslonera on
~ffiSS ~ h~d ~d the official leal of the Board of
day of Audit, 1992.
~ ...... "
./ ,~ ;~'~::~.'~.,,~.,: