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