Ordinance 75-57ORDINanCE NO. 75-57
AN ORDIN~;CE ESTABLISHING A CONTRACTOR'S
LICENSING BOARD, REQUIRING CERTIFICATES
OF COMPETENCY, JURISDICTION, EXEMPTIONS,
DUTIES OF THE CONTRACTOR'S LICENSING BOARD,
PROCEDURE FOR OBTAINING A CERTIFICATE OF
COMPETENCY, TERMS FOR ISSUe;CE; DENIAL OF
CERTIFICATE OF COMPETENCY APPEAL PROCEDURES,
TEMPORARY CERTIFICATE OF COMPETE~CY, RECOG-
NITIOM OF CURRE~T CERTIFICATE OF COMPETENCY,
RENEWAL OF CERTIFICATE OF COMPETENCY, ANNUAL
RENEWAL FEES, OCCUPATIONAL LICENSES, REVOCA-
TION OR SUSPENSION OF CERTIFICATE OF COMPETENCY,~
PE};ALTIES, CONFLICT, SEVERABILITY AND EFFECTIVE
DATE.'
SECTION ONE: Definitions.
~uildin~ Contractors (Class B)~ as used in this Ordinance
are 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 multiple dwelling resi-
dential 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.
Board or Contractor's Licen'sing Board shall mean the
Building Contractor's Licensing Board of Collier County, Florida.
Certificate: Certificate of Competency issued by the
Contractor's Licensing Board of Collier County, Florida.
Cer~ificate~ State: Certificate, State means a Certi-
ficate of Competency issued by the Florida Construction
Industry Licensing Board as provided in Chapter 468, Part II
of the Florida Statutes as may be amended from tim~ ,~.~
or any other State Certificate of Competency issue~y~a~.. ~
properly authorized State Licensing Board. ~ ! S ~
Class "A" Air Conditionin~ Contractors are tho~ho~
services are unlimited in the execution of contracts to ~tall,
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 completu system only to the°extent such duct work is per-
formed by the contractor to the extent necessary to make complete'
any air distribution system, boiler and unfired pressure vessel,
systems, and all appurtenances, apparatus, or equipment used in
co.',.-¢'tion therewith.
Class "B" Air Conditioning Contractors are those whose
services are limited to twenty-five (25} tons cooling and 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 prohibited by
law, central air conditioning, refrigeration, heating, ventila-
ting, including duct work in connection with a complete system
only to the extent such duct work is performed by the contrac-
tor to the extent necessary to make complete an air distribution
system being installed under this classification.
Class "C" Air Conditioning Contractors are those 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.
Commercial Pool Contractors are those whose services
involve, but are not limited to the construction, repair,
water treatment and servicing of all swimming pools, both
public and private or otherwise and used for therapy, swimming
or other use. This work shall include, but not be limited
to the construction, repair, water treatment~and servicing of
all swim~ing pools, both public or private or otherwise and
used for therapy, swimming or other use. This work shall in-
clude, but not be limited to, layout, excavation, operation
of construction pumps for dewatering 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 interio~f
pouring of docks, 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 or
tO, potable Water l~nes..
Contractor is any person, firm or corporation which
engages in any business under an express or implied contract
in any of the trades defined herein.
Contractort Licensed shall mean any contractor who holds
a current certificate of competency issued by the Contractor's.
' .censing Board or by any authorized State Board governing the
~ade in which such contractor is engaged.
En~a~e in business shall mean ~oing a trade for any ov~er
or any tenant of land 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, person, firm or corpora-
t{on for the doing of a trade.
~ngineering Contractors are 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 conjunction with water
power, water control, waterworks and water supply, paving and
sidewalks, curbs and gutters, streets and roads, bridgea 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
"Mechanical Contractor").
Electrical Contractors are those whose services involve
work on any premises or in any building or structure requiring
the installation, repair, alteration, addition or changes to
any system of electrical wiring, apparatus or equipment for
light, heat or power, and who is, or who employs, a auper-
vising master electrician at all times.
Firm shall include a sole proprietorship, partnership,
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corporation, association or any other type of business organi-
zation.
Gas-fitting Contractors are those whose services involve
work on any premises or 'in any building or structure, requiring
installation, maintenance repair, alteration or extension of
fuel gas piping or appliances, including liquefied petroleum
gas piping and appliances if such contractor qualifies under
State law.
General Contractor (Class A).= shall mean any person
or firm, unless herein exempted, who,trot compensation,
undertakes to, or submits a bid res 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 "General Contractor"
shall subcontract the electrical, mechanical, plumbing,
roofing, sheet metal, air conditioning or any other work
for which an examination for a 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 appropriate authority. ~ere the
authority does not require a certificate of competency or
license for the respective trade, the contractor shall not
be obliged to meet the above requirements. Services of
general contractors shall be unlimited regarding the type
of work which they may do as set forth in the definition above.
Handyman is a person employed upon an hourly or daily
salary basis by the owner to perform odd Jobs of a general
utility nature.
Journeyman shall mean any person who possasses the
necessary qualifications, training and technical knowledge
to do the work connected in his particular trade. He
must work for a qualified contractor and hold a current
certificate of competency indicating his qualifications,
in order to work at his trade.
Liquefied Petroleum Gas Installation Contractors are
those whoso services involve work on any premises or in
any building or structure requiring the installation,
maintenance, repair, al'teration or extension of liquefied
petroleum gas piping or appliances or who furnishes the
liquefied petroleum gas to the consumer and ~aintains the
gas mains, lines, laterals, tanks, regulators, meters and
other paraphernalia in connection therewith.
Maintenance Man is a person employed upon a salary
basis, weekly or monthly, by the owner, whose principal
occupation is maintaining and preserving fixed property
of his employer.
Master shall mean any person who possesses the neces-
sary qualifications, training and technical knowledge to
do, plan, layout and supervise the work connected in his
particular trade. He must be a qualified contractor or
work for a qualified contractor, and hold a current certi-
ficate of competency indicating his qualifications, in
order to work at his trade.
Mechanical Contractors are 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 an4 piping
~for same, fire sprinkling systems and standpipe~, air
piping, vacuum li~piping, oxygen lines, nitrous oxide
piping, in~' and chemical lines,' ~uel transmissio~ lines,
and installation of a condensate drain from an air condi-
tioning unit to an existing safe waste or other approved
. disposal other than direct connection to a sanitary ~ystem,
all in such a manner as to comply with all plans, specifi-
cations, codes, l~Qs, 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.
Plumbing Contractors are those whose services involve
work on any premises or in any building or ~tructure requiring
the 'installation, maintenance, repair, alteration or extension
of plumbing, septic tank, wells, swimming pool and solar
heating systems and all appurtenances, apparatus or equip-
ment used in connection therewith, including any incidental
excavation work, and who is,.or who employs, a supervising
master at all times.
Rg~istrationf State: Registration, State shall mean
registration with the Florida Construction Industry Licensing
Board as provided in Chapter 468, Part II of the Florida
Statutes as may be amended from time to time, or any other
State Board properly authorized to register contractors.
Residential Building Contractors (Class C) t are those
who may perform similar to the services of a general con-
tractor, but are limited to the construction remodeling,
repair or improvement of one, two or three family unit
residences not exceeding two stories in height and acces-
sory use structure in connection therewith/
Residential Pool Contractors are those whose services
involve, but are 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 dewatertng purposes,
steel work, installation of light, niches, pouring of floors,
guniting, installation of ti1e and coping, installation of
all filter equipment 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. ~owever, the scope of work of such contractors
shall not include direct connections to a sanitary sewer
system or to potable water lines.
Roofin~ Contractors are 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
p~ans, specifications, codes, laws and regulations appli-
cable thereto.
Sheet Metal Contractors are those whose services are
unlimited in the sheet metal trade and who have the
experience, knowledge and skill necessary for the manufac-
turing, fabricating, 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.
Specialty contractor is a contractor whose operations
consist of the performance of construction work requiring
special ~ktlls and whose principal contracting business
involves the use.of specialized building trades and crafts,
usually minor part of the complete structure. Specialty
contractors shall be classified as, but not limited to,
one of the following crafts:
Awning Erection House Moving
Cabinet and Millwork Insulating
Cement and Concrete Masonry
Steel Reinforcing and Iron
Structural Steel Erection
Termite Treating
BOOK
Demolition
Elevators
Fence Erectors
Flooring
Glazing
Painting
Pl~stering
Sandblasting
Septic Tank
Sign Erection
Tile, Marble, Terrazo
Well Drilling
Subcontractor is one who contracts with a contractor to
perform all or part of the latter's work.
S~immin~ Pool Contractors are those whose services involve
the installation, servicing, repair, water treatment and
maintenance of all swimming pools, both public and private.
They shall be permitted 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 and '?
equipment, and chemical feeders of any type; replastering,
re-pouring of decks; and the reinstalling or addition of
pool heaters.
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.
SECTION TWO: Certificates of Competency Required.
It shall be unlawful for any person or firm to engage
in the business or act in the capacity of General Contractor,
Building Contractor. Residential Contractor, Air Conditioning
Contractor, Electrical Contractor, Master Electrician, Journey-
man Electrician, Mechanical Contractor, Plumbing Contractor,
Master Plumber, Journeyman Plumber, Pool Contractor, Roofing
Contractor or Sheet Metal Contractor without having first
obtained a valid and current State Certificate of Competency
from the Florida Skate Construction Licensing Board or other
authorized and competent State Licensing Board, or a valid
and current County Certificate of Competency from the County
Building Department; provided that an electrical contractor
and a plumbing contractor who employ Fenpectively a ~aster
electrician holding a valid and current certificate of
competency, or a master plumber holding a valid and current
certificate of competency ~hall not be required to personally
obtain such certificates of competency, provided all techni-
cal work which said electrical or'plumbing contractor under-
takes shall be performed under the direction and supervision
of the employee who holds the master's certificate of
competency.
SECTION THREE: When Certificate of Competency Required.
Any person or firm not possessing a current certificate
of competency and holding himself out to be a contractor
shall be subject to the provisions and penalties of this
Ordinance.
SECTION FOUR: Exemptions.
1. Repair by Owner: The provisions of this Ordinance
do not apply to an owner of residential prop~rty altering
or repairing his own hous~ or duplex if occupied by the
owner and not intended for sale. An owner of resident~aI
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 the owner-bUilder from the
requirement of obtaining a permit.
2. Public Works: The provisions Of this Ordinance
s~all not apply to contractors bidding on or performing
public works for municipal, county, state, federal govern-
ment, or other public body.
3. Maintenance and Handyman,. The provisions of this
chapter shall not apply to a maintenance man nor handyman
whose duties are confined to the routine maintenance and
repair required by his job.
4. Specialty Contractors: Requirements for issuance
of certificates of competency shall not apply specialty
contractors, but such contractors are required to have
a current occupational license.
5. P~rsons Molding Current State Certificate: Any
person holding a current State certificate is exempt from
obtaining a Collier County Certificate of Competency for
that trade for which he 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.
SECTION FIVE: The Building Contractor's Licensing Board.
1. The Building Contractor's Licensing Board referred
to herein as the Contractor's Licensing Board or Board shall
be composed of seven (7) members who shall be appointed by
the Board of County Commissioners. The Board of County
Commissioners may also appoint alternate members as it
deems appropriate. The Building Director shall be ex-
officio member of the Contractor's Licensing Board and
shall have voting rights. The seven (7) members of the
Contractor's Licensing Board shall consist of a licensed
architect, a licensed general contractor, a licensed
engineer, a licensed electrical contractor, a licensed
plumbing contractor, a licensed mechanical contractor,
and a representative from o~W of the other trades or pro-
fessions requiring competency.as provided in this Ordinance.
A. The Contractor's Licensing ~oard shall elect
a chairman and vice chairman from its membership.
The Building Director shall act as secretary of the
Contractor's. Licensing Board.
B. Terms of office for each member of the
Contractor's Licensing Board shall be on~ year. Each
member shall hold office until his successor has been
duly appointed and assumed his duties ~n the Boa~d.
(1) Any member of the Contractor's ,~iceneing
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 unexpired
term of office of any member of the Contractor's
Licensing Board shall be filled by the Board of County
Commissioners for the unexpired term within thirty
(30) days after such vacancy occurs.
C. Meetings:
(1) The Contractor's Licensing Board shall
hold not. less than four quarterly meetings and offer
not less than four quarterly examinations each year
at time and place determined by the Contractor's
Licensing Board.
(2) Regular meetings shall be called by the
Chairman of the Board, and in his absence by the
Vice Chairman, or in his absence.the Secretary of
the Board.
(3) Four (4) members of the Board shall con-
stitute a quorum of any meeting, and a majority
vote of those present shall be required to make
any decision, however, in no case shall any deci-
sion be made with less than four (4) concurring
votes.
D. For the purposes of administration, the
Contractor's Licensing Board may call on the Building
Director to furnish such temporary employees as may
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be necessary to carry on or to assist the Board in
performing its duties.
E. The Contractor's Licensing Board may make such
rules and regulations as are consistent with the general
polici'es of this Ordinance, but all such rules shall be
approved by resolution of the Board of County Commissioners
before said rules shall have any force or effect.
F. Duties of Contractor's Licensing Board:
(1) Determine the qualifications of appli-
cants for various types of contractors' licenses
and certificate of competency.
(2) }lold hearings to determine if a license
or certificate of competency of any contractor
should be suspended for any violation of this
Ordinance and to fix the leqgth of time for such
suspension or to revoke the license or certificate
of competency under the provisions of this Ordinance.
(3) Request the Building Director to investi-
· gate any complaints made against the licensed con-
tractor and determine whether it shall take adminis-
trative action against the contractor, or direct
a complaint to be filed for prosecution of the con-
tractor for the violation and to call upon members
of the industry to advise and assist them.
(4) Prescribe the different types of examina-
tions for different kinds of contractors within each
trade.
(5) Issue limited certificates for which
an applicant is qualified, with County Commission
approval.
(6) Have jurisdiction over all matters per-
taining to the examination, qualification, disci-
plinary action and certificate of competency of
general contractors, subgeneral contractors, sub-
building con~ractors, engineering contractors,
plumbing contractors, mechanical contractors and
liquefied ~etroleum gas installation contractors.
G. %'~en the Contractor's Licensing Board shall
have determined that an applicant is qualified for a
particular type of license, the license shall be
signed by the Chairman and Secretary of the Contractor's
Licensing Board and may then be issued by the Building
Director.
~. The Board of County Commissioners shall approve
the members of the Contractor's Licensing Board not
later than thirty (30) days from the effective, date of
this Ordinance. Within ninety (90) days of the effec-
tive date of this Ordinance, the Contractor's Licensing
Board shall meet and establish all of the procedures
necessary for the full implementation of the provisions
of this Ordinance.
SECTION SIX: Procedure for Obtaining Certificate of
Competency.
1. Any person or firm requiring or desiring to be
qualified as a contractor shall make application on a
form prescribed by the Contractor's Licenslng Poard at the
office of the Secretary of the Board in the Building Department.
The application shall be retained by the Contractor's
Licensing Board together with all supporting papers and the
payment of a fee approved by the Board of County Commissioners
and posted in the office of the Building Director.
2. Should applicgnt be a firm, the application shall be
executed by the president of said firm, or one legally
qualified to act for the firm who shall show his authority
to so act on the application, and shall name an agent
authorized 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 connecfed with the contracting business;
B. To supervise the construction under the occu-
pational license issu~ to the firm; and
C. To take the qualifying examination for the firm
unless hold%ng a current c0rtificate of competency for
the class and type of contracting which the firm is
making application to engage in. The firm shall be
qualified to engage as a contractor only to the extent
of the qualifications and limitations of the licensed
contractor representing said ~rm.
3. No application shall be considered unless the appli-
cant gives all information required on the form, which shall
include:
A. A statement of applicant's proposed contracting
business;
B. The type of certificate being applied for;
C. Name, residence and business address of applicant;
D. If applicant is a firm, the name and business
of the firm and the names and residence addresses of all
directors and officers of their firm and their interests
therein, and the name and residence address of the appli-
cant's qualified representative and information contained
above, and, if applicant is a corporation a certificate
of incorporation;
E. A sworn financial statement of the applicant;
and a credit report;
F. A list of all contractual businesses'owned~
operated, or managed by applicant during the past 5 years;
G. Receipt showing that all required fees for the
examination and qualification of the applicant has been
paid;
H. Three letters of recommendation from reputable
business or professional men, not related by blood or
marriage to the applicant, of this County, or the
county of the applicant's last business'venture,
vouching for the applicant's reputation as to honesty,
integrity and good character.
I. A report from the Sheriff indicating all arrests
and violations of the law other than minor traffic viola-
tions. Finger printing shall be required on request of
the Contractor's Licensing Board.
J. A complete list of valid outstanding debts
which the applicant refuses to pay and the rQasons
for his refusal to pay.
4. The Secretary of the Contractor's Licensing Board
shall post a no~ice on the official County bulletin
of the next regular examination and shall notify the
Contractor's Licensing Board of the examination not less
than fifteen (15) days before the next regular meeting
and make such additional investigations as may be directed
by the Contractor's Licensing Board.
5. The Contractor's Licensing Board shall pres%ribe the
type of examination for the applicant to show his degree of
experience, his knowledge of building, safety, health and
lien laws of the County, State and Federal governments as
.may be applicable; and his knowledge or rudimentary adminis-
trative principles of the contracting business for ~hich
application is being made. Such examination may include
the H. H. Block examination, the examination administered
by the Florida Construction Industry Licensing Board, or
any other type of examination which the Contractor's
Licensing Board determines to meet the purpose of the
examination stipulated herein taking into account any low
verbal ability and writing skills or problems with the
English language which would hinder the applicant in
passing a Written examination.
The Contractor's Licensing Board may authorize that
the examioations be prepared by a fir~ which specializes
in the preparation of examinations, whenever such examina-
tions are available.
SECTION SEVEN: Issuance, Denial of Certificate of Competency.
l~''The Contractor's Licensing Board, by majority vote
O~ its members, may authorize the issuance of a certificate
· .,.
of competency after making a written finding of fact that~
A. The applicant, or if the applicant is a firm
then the qualified representative, has made & passing
~r~de on ~:e examination and has necessary experience
for the type of certificate applied for.
B. The ~pplicant and each member of the firm
pos%esse? a rgputation for honesty, ~ntegrity and has
goo~'~haracter. This shall be determined by the Board
from the following information~
(1) The receipt of letters of recommendation
attesting to the honest and reputable character of
the applicant.
(2) The applicant has not been charged or
found guilty of any crime in%olv~ng moral turpitude
during the past three (3) years prior to his appli-
cation for a certificate of competenc~.
(3} The applicant has not been charged or
found guilty of a crime or action resulting in the
loss or suspension of his civil rights.
(4) The applicant has no known valid outstanding
debts which he refuses to pay.
2. The Contractor's Licensing Board, by majority vote
of its members, may deny the issuance of a certificate of
competency after making a written finding of fact that~
A. The applicant, or 'if the applicant is a firm,
then the qualified representative, has not made a
passing grade on the examination and does not have the
necessary expegience for the type of certificate applied
for.
B. The applicant or any member of the firm does
not possess a reputation for honesty, integrity and
good character as determined fr~m the information specified
in subparagraph 1.B. above.
SECTION EIGHT~ Appeal; Denial of Certificate of Competency.
Any applicant who has been denied a certificate' of
competency by the Contractor's Licensing Board may appeal
the decision of the Contractor's Licensing Board as pro-
vided in Section Sixteen of this Ordinance.
SECTIOM NINE: Recognition of Current Certificate of Competency.
1. Every person or firm who, under the terms of this
Ordinance, is required to hold a certificate of competency,
and who, upon the effective date of this Ordinance, holds a
current certificate of competency issued by Collier County,
Florida, shall be entitled to a certificate of competency
for the same occupation or trade under this Ordinance without
examination, and shall entitle the holder of such certificate
to do business thereunder, but such certificate shall be sub-
ject to all restrictions and limitations carried by the
superseded certificate·
2. Any person failing to obtain a certificate of
competency as set forth in 1., above, within ninety (90)
days of the passage of this Ordinance, shall be subject to
a complete examination, as the Contractor's Licensing BOard
may require, prior to the issuance of a certificate of
competency·
SECTION TEN: Masters and Journeymen.
1. A certificate of competency for m~ster or Journeymen
shall be obtained in the following manner~
A. Any person required or desiring to be qualified
as a master or journeyman shall make, an application on
a form prescribed by the Contractor's Licensing Board at
the office of the Building Department. The application
shall be retained by the Board together with all suppor-
ting papers.
B. A fee approved by resolution of the Board of
County Commissioners and posted in the office of the
Building Director shall be paid for the examination.
C. The secretary of the Contractor,~s Licensing
Board shall notify tho applicant as to time and place
of the next examination. .
i
D. The Contractor's Licenming Board shall p~e-
scribe the type of examination of the applicant to
show thc degree of experience and his knowledge of
the particular trade for which the application is
being made. Such examination may be prepared by
a firm which specializes in the preparation of examina-
tions, whenever such examinations ar~ available.
SECTION ELEVEN= Renewal of Certificate of Competency.
1. A current certificate of competency shall be
automatically renewable each year upon request by the
contractor (also see Section Twelve and Thirteen) unless
the applicant is notified in w~iting at least thirty (30)
days prior to the expiration date that a question of his
competency has been raised and that his certificate of
competency must be reviewed by the Contractor's Licensing
Board prior to the renewal of such certificate of competency
and the holder of such certificate of competency is notified
in writing of any questions or charges concerning his compe-
tency and the date of which the Contractor's Licen,ing Board
~d. ll review his competency. The holder of such certificate
of competency may appear in person, by representative, or
by letter before the Contractor's Licensing Board in support
of the renewal of his certificate of competency.
SECTION TWELVE: Issuance and Renewal Fees.
1. The fee for the ini{ial issuance of a certificate
of competency sh~ll be as approved by resolution of the
· Board of County Commissioners and posted in the office of
the Building DirectOr.
2. Ail certificates of competency shall expire on
September 30 of the year of issue, and may be renewed with-
out prejudice or penalty anytime within ninety (90) days
of expiration after which time such compe'kency shall lapse.
The annual renewal fee for a certificate of competency of
any class or type shall be determined by resolution of the
BOOK
Board of County Commissioners and posted in the office of
the Building Director.
SECTION THIRTEEN: Renewal of Lapsed or Revoked Certificates
of Competency.
When a certificate of competency has been revoked or
has lapsed for any reason, the Board may require complete
re-examination before a certificate of competency is renewed
or re-instated.
SECTION FOURTEEN: Occupational Licenses.
Whenever an occupational license is required of any
contractor, subcontracto~, master or Journeyman, no such
occupational license sha~l be issued unless the applicant
shall first procure from the Contractor'~ Licensing Board
a current certificate of competency, or a statement waiving
this requirement in the case of specialty contractors and
others from whom no such certificates of competency are
required.
SECTION FIFTEEN: Disciplinary Proceedings
1. The secretary of the Contractor's Licensing Boa~d
may, upon his own motion or shall upon a sworn complaint in
writing of any person, investigate or cause to be investi-
gated by a special investigator appointed by the Contractor's
Licensing Board, the charges of misconduct against any
licensed contractor and submit a written report to the
Contractor's Licensing Board, the charges of misconduct
against any licensed contractor and submit a written report
to the Contractor's Licensing Board.
2. The following actions by a licensed contractor
shall constitute misconduct, but misconduct shall also
include any other action which in the opinion of the
Contractor's Licensing Board shall constitute misconduct,
and upon such a finding by the Contractor's Licensing Board,
shall be grounds for suspension or revocation of the certi-
ficate of competency:
A. Combining or conspiring with an unapproved
contractor by sllowing one's certificate of competency
to be used by any unlicensed contract~ to'evade the ~
provisions of this Ordinance. When a licensed contrac-
tor allows his certificate of competency to bo used by
any other firm, other than that firm for which he has
been licensed by the Contractor's Licensing Board, such
act shall constitute prima facie evidence of an evasion
of the provisions of this Ordinance.
~. Contract to do any work outside of the scope
of operations as set out in the definition of the parti-
cular type of contractor for which he has been~licensed
by the Contractor's Licensing Board.
'~ C. Abandon without legal excuse a construction
project or operation in which he is engaged or ~nder
contract as a contractor.
D. Divert funds or property received for the
execution of a specific contract project or operation
or for a specified purpose to any other use whatsoever.
E. Depart from or disregard in any material respect
the plans or specifications o~ a construction Job without
the consent of the owner or his duly authorized represen-
tative.
F. Disregard or violate, in the performance of
his cr~ntracting business, any of the building, safety,
health, insurance or Workmen's Compensation Laws of
the State of Florida or ordinances of this County.
G. Misrepresent any material fact in his appli-
cation and supporting papers in obtaining a certificate
of competency under this Ordinance.
~. Fail to fulfill his contractural obligation
through inability to pay all creditors for material
furnished or work or services performed in the operation
of hfs business for which he is licensed hereunder.
I. Aid or abet an unlicensed person to evade the
provisions of this Ordinance or allow this license to
bc uucd by an unlicensed person~ or to act as an agent,
partner, or associate or an unlicensed person with the
intent to evade the provisions of this Ordinance.
J. Do any fraudulent act as a contractor by which
another is substantially injured.
K. Fail to make good faulty workmanship obviously
performed or faulty materials obviously installed ~n
evasion of performance o~ the contract or specifications
agreed upon under the terms of the contract.
L. The filing of a petition of bankruptcy or the
adjudication of bankruptcy against a qualified contractor.
M. Failure to Maintain at all times with an
insurance company authorized to do business in the
State of Florida, the limits of insurance required by
any other applicable law or authority having Jurisdiction,
but not less than bodily injury liability and property
damage insurance with the minimum limits as approved by
resolution of the Board of County Commissioners, including
any damage to public rights-of-way or shrubbery, and to
file certificates, signed by the qualified agent of Lhe
insurer, with the secretary of the Contractor's Licensing
Board showing the type of policy issued, the policy number,
the name of the insurer, the effective date of the policy,
an agreement by the insurer to give thirty (30) days'
written notice by certified mail to the secretary of
the Contractor's Licensing Board, of th~ intent to cancel
the policy for any reason. Upon receipt of such written
notice, the secretary of the Contractor's Licensing Board
shall immediately suspend the certificate of competency
and report the matter in writing to the Contractor's
Licensing Board, within five (5) days of such suspension,
for revocation if warranted.
3. Upon receipt of an alleged ~harge of misconduct,
the Contr~tor's Licensing Board shall decide if such charges
show probable cause that a violation of this Ordinance or an
BOOK
act constituting misconduct has been committed and if so,
shall take the following action~
A. Instruct the secretary to send, by certified
mail, return receipt requested, a letter to the licensed
contractor to his last known address, as shown by the
records of the Contractor's Licensing Board, setting out
the name of the complainant, the time of commission of
the alleged offense, and the section of this Ordinance
alleged to be violated, and notifying the qualified
contractor to appear before the Contractor's Licensing
Board at a time and place fixed, no sooner than twenty
(20) days from the mailing date of the certified letter,
to show cause why his certificate of competency should
not be further suspended or revoked.
4. The administrative hearing provided for above shall
be open to the public.
A. The proceedings at the hearing shall be recorded
and may be transcribed at the expense of the party re-
questing the transcript.
B. The hearing need not be conducted according to
technical rules relating to evidence and witnesses. Any
evidence shall be admitted if the Board finds it to be
competent and reliable, regardless of the existence of
any common law or statutory rule which might make improper
the admission of such evidence. Hearsay evidence maybe
used for the purpose of supplementing or explaining any.
direct evidence but shall not be sufficient in itself to.
support a finding unless it would be admissible in civil
actions. Irrelevant and unduly repetitious evidence
shall be excluded. The ruies of priv~lege shall be
effective to the same extent that they are now'or here-
after.may be recognized in civil actions.
C. Each party shall have the right to call and examine
witnesses~ to introduce ~xhibits; to cross examine opposing
witnesses on any matter relevant 'to the issues even though
that matter was not covered in the direct exam/nation;
to impeach a~ny witness regardless of which party first
called him to testify; and to'rebut any evidence against
him.
5. .Within five (5) days after the close of the hearing,
o
the Contractor's Licensing Board shall by maJoritye~ote of
the entire Board membership decide and pu~ in writing the
following:
A.
B.
C.
Findings of Fact
Conclusions of Fact
Conclusions of Law
D. Specific disposition of the case i.e.~ a
finding of no cause for susp~nsion, a finding of suspen-
sion for a specific time, or a finding for revocation
of the certificate.
E. Written notice of such report to the subject
licensed contractor including notice of right of appeal
as provided in Section Sixteen.
6. Such decision shall be sent to the licensed contrac-
tor and the Board of County Commis~ioners by certified mail,
return receipt requested, within five (5) days of the making
of the decision.
SECTION SIXTEEN: Appeal of the Decision of the Contractor's
Licensing Board.
1. Any person aggrieved by an adverse decision of the
Contractor's Licensing Board may appeal such decision to
the Board of County Commissioners in writing, with attached
supportive data, within thirty (30) days after such aggrieved
decision is rendered by the Contractor's Licensing Board.
A copy of the letter of appeal along with supporting data
and the payment of a fee approved by the Board of County
Commissioners and posted in the office of the Building
Director, for such appeal shall be f~rnished to the secretary
of the Contractor,s Licensing Board at ths time the appeal
notice is given the Board of County Commissioners.
2. The Board of County Commissioners shall determine
a date when such appeal shall be considered and ~otify the
Contractor's Licensing Board and appellant by return receipt
requested mail.
3. The hearing by the Board Of County Commissioners
shall be a de novo hearing.
4. The failure of a licensed contractor to appeal
a decision of the Contractor's Licens~i~g Board within
thirty (30) day~ after such decision is given shall make
such decision final.
SECTION SEVE}]TEEN: 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
misdemeanor. Any person or firm who violates this Ordinance
or fails to comply with any of its requirements shall upon
conviction thereof be fined, or imprisoned, or both, as
provided by law. Each day such violation continues shall
be considered a separate offense.
Any other person who commits, participates in, assists
in, or maintains such violation may each be found guilty
of a separate offense and suffer the penalties herein pro-
vided. 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 EIGHTEEN: 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.
Ordinance 73-2, adopting the Southern Standard Building
Code is hereby amended to the extent that this Ordinance
shall supersede all portions which may b? in~conflict'with
this Ordinance.
If any part of this Ordinance conflicts with any other
part, it shall be severed and the remainder shall have full
force and effect.
SECTION NINETEEN: Severability
It is the intention of the Board of County Commissioners
that each separate provision of this OrdinanCe shall be deemed
independent of all other provisions herein, and it is further
the intention of the Board of County Commissioners that if
any provisions of this Ordinance be declared to be invalid,
all other provisions thereof shall remain valid and enforceable.
SECTION TWENTY: Effective Date Of Ordinance
This Contractor's Licensing Board Ordinance shall take
effect immediately upon receipt of acknowledgment that this
Ordinance has been filed with the office of the Secretary
of the State of th~ State of Florida.
PASSED ~{D DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 30th day of D,e~m~,r , 1975.
BOARD OF COUNTY COM~IISSIONERS
COLLIER CO~TY, FLORIDA
Russ Wimer, Chairman
Approved as to form and legal
Collier County Attorney