Ordinance 75-17ORDINANCE NO. 75-17
AN ORDINANCE REQUIRI~:G THE ISSUANCE
OF A CERTIFICATE OF COMPETENCY
FO/{ PERSONS ENGAGI~;G I~.; CERTAI~ BUILDIMG
OCCUPATIONS IN THE CO~;STRUCTION IHDUSTRY
AS LISTED HEREIN, PROVIDING DEFINITIONS,
EXEMPTI~G CERTAIN O~'~JERS, PROVIDING FOR
ISSUANCE OF A CERTIFICATE OF COMPETENCY
UPON PROOF OF PASSI~4G AN' EXAMINATION,
]~ECOGNIZING CUR~IENT CERTIFICATES OF
CO~.~PETENCY, REQUIRING TIIE I5.~UANCE OF A
CERTIFICATE OF CO~4PETEMCY PRIOR TO THE
ISSUANCE OF AN OCCUPATIONAL LICENSE,
PROVIDING FOR PENALTIES, SEVEPJIBILITY
AND AN EFFECTIVE DATE.
BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida:
SECTION ONE:
Findings of the Board of County Co~missioners.
The Board of County Commissioners hereby finds that:
A. Thc regulation of the business of building or construction
is a matter of important public concern, and;
B. It is necessary in the public interest 'that the licensing
of persons engaging in the building or construction business be
regulated in order to insure that all persons engaging in said
business be compete~t and qualified.
C. It appears that at tho present time adequat~gul~i~
do not exist in Collier Co,~nty to protect the public ~nst su~
unqualified persons engaging in said business.
SECTION T;';O: ~.~
Certificates of Competency
It shall be unlawful for any person'or firm to ~ge~
the
bk~slness or act in the capac%ty of contractor in any
listed in Appendix. "A" of this Ordinance, without a ~da~'d ~[f~[ficate
Definitions
See Appendix "B".
SECTION FOUR:
When Certificate of Competenc~ Required
Any person or firm not possessing a current certificate of
competency Jn any of the listed categories shall be subject to the
provisions and penalties of this Ordinance.
SECTION FIVE:
Not Applicable to repair bY Owner
The provisions of this Ordinance do not apply to an owner of
residential property altering Or repairing his own house or duplex
if occupied by the owner and not intended for sale. An owner of
residential property may construct one single family residence for
his own use and occupancy without qualifying for a certificate of
competency, but the application for a building permit for construction
of more than one single'family residence in a year's time shall be
construed as engaging in the construction business and such an owner
must secure a certificate of competency before the permit will be
issued. Nothing herein shall release tho owner-builder from the
requirement of obtaining a permit.
SECTION SIX:
Obtainin~ a Certificate of Competency
No certificate of competency shall be issued to any person except
as hereinafter provided, unless such person shall present proof to
the Dui]ding Official of having passed the H.H. Block Exam in the
category for which a certificate is desired, with a grade of 75 or
better within the past three (3) years, or, in lieu of said exam,
having received certification from the Florida Construction Industry
Licensing Board by meeting the certification requirements of Florida
Statutes, Chapter 468.
SECTION SEVEN:
Occupational Licenses~
Whenever an occupational license is required for any of the
occupations listed herein, no such occupational license shall be
issued unless the applicant shall first procure from the Building
Official a current certificate of competency.
BOOK
SECTION EIGHT:
Penalties for Violation: Resort to other remedies
Violation of the provisions of this Ordinance or failure
to comply with any of its requirements shall constitute a mis-
demeanor, and any person or firm who violates this Ordinance
or fails to comply with any of its requirement~ shall upon
conviction thereof be fined, or imprisoned, or both, as pro-
vided by law. Each day such violation continues shall be
considered a separate offense. Nothing herein contained
shall prevent the County from taking such other lawful action,
including, but not limited to, resort to equitable action,
as is necessary to prevent or remedy any violation.
SECTION NINE:
Severabilit¥
It is the intention of the County Commission that each
separatu provision of this Ordinance shall be deemed independent
of all other provisions herein, and it is further the intention
of the County Commission that if any provisions of this Ordinance
be declared to be invalid, nll other provisions thereof shall
remai~ valid and enforceable.
Effective Date
~ This Ordinance shall take effect upon receipt of notice
from the Secr(3tary of Sta~o that this Ordinance has been
filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this~~ay of April, 1975.
ATTEST: BOARD OF COUI'~TY CO~{ISSIONERS
MARGARET T. SCOTT COLLIER COb'N_TY, FLORIDA
~" /~Clerk of Circuit Court . /7 ,-~ //7
,, ~ . · ~.~ .,,.°' ~, .------- .--------' ,
-T]/~mas P. Archer, Chairman
Approved as to form and legality:
Collier County Attorney
APPENDIX "A"
Th~ following categories shall require the issuance
of a Certificate of Competency under this Ordinance:
General Contractor, Building Contractor,
Residential Building Contractor, Sheet Metal ..
Contractor, Roofing Contractor, Class "A" Air
Conditioning Contractor, Class "B" Air Conditioning
Contractor, Class "C" Air Conditioning Contractor,
Mechanical Contractor, Commercial Pool Contractor,
Residential Pool Contractor, Swimming Pool Servicing
Contractor, Public Works Contractor, Plumbing Contractor,
Gas-fitting Contractor, Liquefied Petroleum Gas
Installation Contractor and Electrical Contractor.
APPENDIX "B"
DEFINITIONS
A. Firm shall include a sole proprietorship, partner-
ship, corporation, association or any other type of business
organization.
B. Contractor is any person, firm or corp6ratio~ which
engages in any business under an express or implied contract
in any of the trades hereinafter listed.
C. Subcontractor is one who contracts with a contractor
to perform all or part of the latter's work.
D. Engage in business shall mean doing a trade for any
owner or any tenan~ of ldnd or of~ a building or of any part
thereof, or for any person, firm or corporation in possession
or in charge of the same or any part thereof, or entering into
a contract with any such owner, tenant, firm or corporation
for the doing of a trade.
E. Trade shall include but shall not be limited to
plumbing, electrical work, plastering, construction, repair
or removal of buildings and any other similar occupation
connected with the construction industry.
F. General Contractor: Any person or firm, unless
herein exempted, who, for compensation, undertakes to, or
submits to bid to, or does hi',self 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 herein-
after dcfined; however, a "General Contractor" shall sub-
contract the electrical, mechanical, plumbing, roofing, sheet
metal, air conditioning or any other work for which an examina-
tion for n certificate of competency or a license is required,
unless such contractor holds a certificate of competency or
license for the respective trade, as required by the appro-
priate authority. Where the authority does not require a
certificnte of competency or license for the respective trade,
the contractor shall not be obliged to meet the above require-
ments. Services of General Contractors shall be unlimited re-
garding the type of work which they m~y do as set forth in
the definition above.
G. Building Contractors: Those who may perform services
similar to the services of a general contractor, but are limited
to the construction of commercial buildings and single or multi-
ple dwelling residential buildings, none of which may exceed
three stories in height, and to the remodeling, repair or
improvement of any size building when such services do not
affect the structural members of the building.
H. Residential Buildin~ Con~ractors: Those who may
perform similar to'the services of a general contractor,
])ut are limited to the construction, remodeling, repair or
improvement of one, two or three family unit residences not
exceeding two stories in height and accessory use structure
in connection therewith.
I. Sheet Metal Contractors: Those whose services
are unlimited in the sheet metal trad~ and who have tho experience,
knowledge and skill necessary for the manufacturing, fabrica-
ting, assembling, handling, erecting, installing, dismantling,
conditioning, adjusting, altering, repairing, servicing and
designing when not prohibited by law, of ferrous or non-
ferrous metal of U.S. No. 10 gauge, the equivalent or lighter
gauge, and other materials used in lieu thereof.
J. Roofing Contractors: Those whose services are
unlimited in the roofing trade and who have the experience,
knowledge and skill to install, maintain, repair, alter,
extend or design, when not prohibited by law, all types of
roofing and water-proofing in such manner as to comply with
all plans, specifications, codes, laws and regulations
applicable thereto.
K. Class "A" Air Con~itionin~ Contractors: Those
whose services are. unlimitcd in the execution of contracts
to install, maintain, repair, fabricate, alter, extend or
design, whnn not prohibited by la%c, central air conditioning,
refrigeration, heating and ventilating, including duct work
in connection with a complete system on].y to the extent such
duct work is performed by the contractor to the extent neces-
sary to make complete any air distribution system, boiler and
unfired pressure vessel, systems, and all appurt, enance, s,
apparatus, or equipment used in connection therewith.
I,. Class "B" Air Conditionin~ Contractors: Those
whose services are limited to twenty-five (25) tons cooling
~nnd five hundred thousand (500,000) BTU heating (in any one
system) in the execution of contracts to install, maintain,
repair, fabricate, alter, extend 'or design, when not prohibitud
by law, central ai~ conditioning, refrigeration, heating,
ventilating, including duct work in connection with a complete
system only to the extent such duct %cork is performed by the
contractor to the extent necessary to make complete an air
distribution system being installed under this classification.
M. Class "C" Air Conditionin~ Contractors: Those whose
business is limited to the s~rv.[clng of air conditioning, heat-
ing or refrigeration systems, including duct alterations in
connection with those systems they are servicing.
N. Mechanical Contractors: Those whose services are
unlimited in the execution of contracts requir].ng 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 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 and piping and all appurtenances, apparatus,
or equipment used in connection therewith, also piping insula-
tion of pipes, vessels, and ducts, pressure and process piping,
pneumatic control piping, gasoline tanks and pump installations
and piping for same, firs 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 from an air conditioning
unit to an existing safe waste or other approved disposal
other thnn direct connection to a sanitary system, all in
such a manner as to comply with all plans, specifications,
codes, laws, and other 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 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.
O. Commercial Pool Contractor: Those whose services
involve, but are not limited to the construction, repair
water treatment and servicing of all swimming pools, both
public an(] private or otherwise and used for therapy, swim-
m~ng or o~h~r un~. This work shall include, but not be
limited to, layout, excavation, operation of construction
pt~mpq for de-wdteri;lg purposes, steel work, installation of
light niches, pouring of floors, guniting, 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,
Itowever, the scope of work of such contractor shall not
include direct connections to a sanitary sewer system or to
potabln water lines.
P. Residential Pool ContrActors: Those whose services
involve, but ars not limited to, the construct[on, repair,
water treatment and servicing of all residential swishing
pools used for therapy, swimming or other use. This work
shall include but not be limited to, layout, excavation,
operation of construction pumps for de-watering purposes
steel work, installation of light, niches, pouring of floors,
guniting, installation of tile and coping, installation of
all filter equipment and chemical feeders of any type, plas-
tering 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 contrac-
tors shall not include direct connections to a sanitary
sewer system or to potable water lines.
Q. Swimminq Pool Servicinq Contractors: Those whose
services involve the servicing, repair, water treatment and
maintenance of all swimming pools, both public and private.
They shall be perm'itted to make any and all 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 chemical feeders of any type; replastering, repouring of
decks; and the reinstalling or addition of pool heaters.
R. Public Works Contractors: Those whose services
involve work such as, but not limited to: harbors, docks,
excavating, filling and grading, drainage, pile driving,
levees, pumping stations and similar type of work in con-
junction with water power, water control waterworks and
water supply, paving and sidewalks, curbs and gutters,
streets and roads, bridges and overpasses and underpasses
in streets, roads and public thoroughfares, underground
sewage collection and disposal systems, bulkheading and
underground utility line construction, both sanitary and
storm sewer systems, and similar work, or that portion of
such installation and systems not generally defined nor
considered under the provisions of this ordinance, nor in
general trade practices, as building structures, plumbing,
electrical, gas or mechanical installation (as defined
under "~.~cchanical Contractor").
S. Plum~ing Contractors: Those whose services involve
work on any premises or in any building or structure requir-
'lng the installation, maintenance, repair, alteration or
extension of plumbing, septic tank, wells, swimming pool
and solar heating systems and all appurtenances, apparatus
or equipment used in connection therewith, including, gny
incidental excavation work and who is, or who employs, a
supervising master at all times.
T. Gas-fitting Contractors: Those whose services
involve work bn any premises or in any building or structure,
requiring installation, maintenance, repair, alteration or
extension of fuel gas piping or appliances, including lique-
fied petroleum ga~ piping and appliances is such contractor
qualifies under State law.
U. k~quefied Petroleum Gas~Installatton Contractors:
Those whose services involve work on any premises or in any
building or structure requiring the installation, maintenance,
repair, alterntion or extension of liquefied petroleum gas
piping or applianco~ or who furnishes the liquefied petroleum
gas to the consumer and maintains the gas mains, lines,
laterals, tanks, regulators, meters and other paraphernalia
in connection therewith.
V. Electrical Contractors: Those whose services involve
work on any premises or in any building or structuro requiring
the installation, repair, alteration, addition or changes to
any system of electrical wiring, apparatus or equipment for
l~ght, heat or power, and who is, or who employs, a supervising
master electrician at all times. .~